M.B. et al v. New York City Department of Education

Justia Dockets & Filings Second Circuit New York Southern District M.B. et al v. New York City Department of Education

M.B. et al v. New York City Department of Education

Plaintiff:	M.B.
Defendant:	New York City Department of Education
Case Number:	1:2014cv03455
Filed:	May 13, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Kings
Presiding Judge:	Laura Taylor Swain
Nature of Suit:	Civil Rights: Education
Cause of Action:	20 U.S.C. § 1400 IDEA: Individuals With Disabilities Education Act (short title)
Jury Demanded By:	None

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Date Filed	Document Text
January 25, 2017	Filing 61 MEMORANDUM OPINION AND ORDER: re: 46 FIRST MOTION for Summary Judgment Notice of Motion filed by M.B., 49 CROSS MOTION for Summary Judgment filed by New York City Department of Education. For the foregoing reasons, and for substantially the reasons stated in the well reasoned and thorough decision of the SRO, the Court concludes that the District demonstrated the adequacy of the IEP, the CSE, and the proposed placement for M. in a 12:1:1 public school environment, and did not deny M. a FAPE during the 2013-14 school year. Accordingly, the District's motion for summary judgment is granted, and the Plaintiff's motion for summary judgment is denied. This Memorandum Opinion and Order resolves docket entry nos. 46 and 49. The Clerk of Court is respectfully requested to enter judgment for Defendants and close the case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/25/2017) (ama)
October 27, 2015	Filing 42 MEMORANDUM OPINION AND ORDER re: 41 FIRST LETTER MOTION for Conference addressed to Judge Laura Taylor Swain from Marion Walsh, Esq. dated October 23, 2015. filed by M.B. For the foregoing reasons, Plaintiff M.B.'s motion to admit additional evidence is denied. This Memorandum Opinion and Order resolves Docket Entry Numbers 29 and 41. The parties are directed to submit a proposed briefing schedule for summary judgment motion practice. The conference currently scheduled for October 29, 2015, is adjourned to a control date of January 15, 2016, at 10:00 a.m. (As further set forth in this Order), ( Status Conference set for 1/15/2016 at 10:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 10/27/2015) (lmb)

Date Filed

Document Text

January 25, 2017

Filing 61 MEMORANDUM OPINION AND ORDER: re: 46 FIRST MOTION for Summary Judgment Notice of Motion filed by M.B., 49 CROSS MOTION for Summary Judgment filed by New York City Department of Education. For the foregoing reasons, and for substantially the reasons stated in the well reasoned and thorough decision of the SRO, the Court concludes that the District demonstrated the adequacy of the IEP, the CSE, and the proposed placement for M. in a 12:1:1 public school environment, and did not deny M. a FAPE during the 2013-14 school year. Accordingly, the District's motion for summary judgment is granted, and the Plaintiff's motion for summary judgment is denied. This Memorandum Opinion and Order resolves docket entry nos. 46 and 49. The Clerk of Court is respectfully requested to enter judgment for Defendants and close the case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/25/2017) (ama)

October 27, 2015

Filing 42 MEMORANDUM OPINION AND ORDER re: 41 FIRST LETTER MOTION for Conference addressed to Judge Laura Taylor Swain from Marion Walsh, Esq. dated October 23, 2015. filed by M.B. For the foregoing reasons, Plaintiff M.B.'s motion to admit additional evidence is denied. This Memorandum Opinion and Order resolves Docket Entry Numbers 29 and 41. The parties are directed to submit a proposed briefing schedule for summary judgment motion practice. The conference currently scheduled for October 29, 2015, is adjourned to a control date of January 15, 2016, at 10:00 a.m. (As further set forth in this Order), ( Status Conference set for 1/15/2016 at 10:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 10/27/2015) (lmb)

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Plaintiff: M.B.
Represented By:	Marion M. Walsh
Represented By:	Marion M. Walsh
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Defendant: New York City Department of Education
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