M.D. et al v. New York City Department of Education
| M. D., J. T., R.L. (parent) and R. L. |
| New York City Department of Education |
| 1:2017cv02417 |
| April 4, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M. Furman |
| Civil Rights: Education |
| 20 U.S.C. ยง 1415 |
| None |
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Filing
69
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Plaintiffs are awarded a total of $41,816.90 representing $41,502.00 in attorney's fees and $314.90 in costs as fees on fees. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/5/2018) (ne)
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Filing
66
OPINION AND ORDER re: 17 MOTION for Summary Judgment filed by R.L. (parent), R. L., J. T. For the reasons stated above, R.L. and J.T.'s motion for summary judgment is GRANTED to the extent that it seeks an award of fees and costs related to the underlying administrative proceedings. In particular, R.L. is awarded a total of $29,378.12 in fees and costs and J.T. is awarded a total of $48,602.11 in fees and costs. That leaves Plaintiffs' request for fees in connection with the bringing of this action, commonly known as "fees on fees." (Compl. 5). After originally informing the Court that they would submit a "final invoice" reflecting any fees on fees with their reply papers (Sterne Decl. Paragraph 10), Plaintiffs took it upon themselves to defer once again, "elect[ing] to wait for the Court's decision on the administrative fees," (Docket No. 56 ("Cuddy Reply Decl.") at Paragraph 26). The Court therefo re defers ruling on Plaintiffs' motion for summary judgment to the extent that it requests an award of fees on fees. Instead, within two weeks of the date of this Opinion and Order, Plaintiffs shall file a supplemental application for any such fees, in the form of a letter not to exceed three pages supported by contemporaneous billing records and other appropriate documentation. The DOE shall file any opposition, in the form of a letter brief not to exceed three pages, within ten business days of Plaintiffs' submission. The Clerk of Court is directed to terminate Docket No. 17 and M.D. as a party. SO ORDERED. M. D. (individually) and M. D. (on behalf of E.G., a child with a disability) terminated. (Signed by Judge Jesse M. Furman on 9/14/2018) (ne)
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