M.G. et al v. The New York City Department of Education et al
| M. G., G. J. and Bronx Independent Living Services |
| The New York City Department of Education, The City Of New York , and Carmen Farina |
| 1:2017cv05692 |
| July 27, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul G. Gardephe |
| Civil Rights: Education |
| 20 U.S.C. ยง 1400 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
121
ORDER granting 120 Motion re: 120 MOTION supplementing letter motion re: 117 MOTION jointly requesting an order re: issuance of payment of class representative service awards to guardians ad litem . . The application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/19/2021) (jca)
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Filing
118
ORDER granting 117 Motion re: 117 MOTION jointly requesting an order re: issuance of payment of class representative service awards to guardians ad litem . The parties' joint letter motion regarding the class representative service awards is due by October 1, 2021. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 9/20/2021) (ks)
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Filing
113
ORDER: As discussed at today's hearing, the parties will submit a joint letter by August 6, 2021, reporting on the status of their negotiations concerning an appropriate attorneys' fee award. (Signed by Judge Paul G. Gardephe on 6/22/2021) (nb)
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Filing
105
ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT, CERTIFYING SETTLEMENT CLASS, APPROVING NOTICE, AND SETTING DATES FOR FINAL APPROVAL: IT IS HEREBY ORDERED AS FOLLOWS: 1. Unless otherwise stated, the terms in this Order have the meaning set forth in the Settlement Agreement (Seaborn Decl., Exhibit 4). 2. The Court has jurisdiction over the subject matter of this action and personal jurisdiction over the representative Plaintiffs, the proposed certified class, and the Defendants. The action is certified as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure. A Fairness Hearing pursuant to Rule 23(e), Federal Rules of Civil Procedure, shall be held before the undersigned on June 22, 2021 at 10:00 a .m. in the United States District Court for the Southern District of New York, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007, Courtroom 705, to determine whether the proposed settlement is fair, reasonable, and ade quate, and whether it should be finally approved by the Court. The hearing may be continued from time to time without further notice. The Fairness Hearing may be held remotely. At least twenty-one (21) days before the Fairness Hearing, DOE and Cla ss Counsel will provide declarations to the Court attesting that they each disseminated the Notice. Any member of the Class may object to the proposed Settlement Agreement. Any member of the Class who wishes to object must do so in writing, and all objections must be postmarked by thirty (30) days prior to the Fairness Hearing, (postmark date is May 22, 2021) and must be sent to the Court, DOE, and Disability Rights Advocates at the addresses listed in the Notice. The Court further orders that pending further order from the Court, all proceedings in this Action, except those contemplated herein and in the Stipulation of Settlement, shall be stayed. (And as further set forth herein.) IT IS SO ORDERED. (Fairness Hearing set for 6/22/2021 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 3/6/2021) (jca)
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Filing
93
ORDER: Accordingly, absent the submission of a detailed plan setting forth a concrete schedule as to when and how this case will be resolved, the Court will conduct weekly, in-person conferences to discuss what progress has been made in bringing this matter to resolution. The conferences will be attended not just by the lawyers representing the parties, but also by whatever decision makers are responsible for the delay. The parties will submit a joint status letter by November 12, 2020, setting forth how they propose to bring this matter to resolution on a reasonable schedule a schedule that takes account of the more than three years that have passed since this lawsuit was filed. Based on that letter, the Court will determine whether the weekly status conferences referenced above are necessary. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/5/2020) (jca)
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Filing
92
ORDER granting in part 91 Letter Motion to Adjourn Conference. The conference scheduled for October 22, 2020 is adjourned to November 5, 2020 at 10:00 am. SO ORDERED. Telephone Conference set for 11/5/2020 at 10:00 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 10/21/2020) (jca)
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Filing
89
ORDER: A conference will take place in this action on October 22, 2020 at 10:00 a.m. The parties are directed to dial 888-363-4749 to participate, and to enter 6212642 as the access code and/or security code. The press and public may obtain acces s to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be c alled. At that time, the Court will un-mute the parties' lines. No later than October 20, 2020, the parties must email GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/25/2020) (jca)
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Filing
87
ORDER: A conference will take place in this action on September 24, 2020 at 10:00 a.m. The parties are directed to dial 888-363-4749 to participate, and to enter 6212642 as the access code and/or security code. The press and public may obtain acc ess to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to b e called. At that time, the Court will un-mute the parties' lines. No later than September 21, 2020, the parties must email GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/31/2020) (jca)
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Filing
86
ORDER: The conference currently scheduled for July 23, 2020 at 10:45 a.m. is adjourned to July 30, 2020 at 10:00 a.m. The parties are directed to dial 888-363-4749 to participate, and to enter 6212642 as the access code and/or security code. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait o n the line for their case to be called. At that time, the Court will un-mute the parties' lines. SO ORDERED. (Telephone Conference set for 7/30/2020 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 7/22/2020) (jca)
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Filing
85
ORDER: The conference currently scheduled for July 23, 2020 will now take place at 10:45 a.m. The parties are directed to dial 888-363-4749 to participate, and to enter 6212642 as the access code and/or security code. The press and public may obt ain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. SO ORDERED. (Telephone Conference set for 7/23/2020 at 10:45 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 7/21/2020) (jca)
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Filing
84
ORDER: The conference currently scheduled for June 25, 2020 is adjourned to July 23, 2020 at 10:15 a.m. by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. No later than July 20, 2020, the parties must email GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference s o that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED., ( Telephone Conference set for 7/23/2020 at 10:15 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 6/23/2020) (ama)
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Filing
82
ORDER: The conference currently scheduled for June 25, 2020 will take place at 10:15 a.m. by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called . At that time, the Court will un-mute the parties' lines. No later than June 22, 2020, the parties must email GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so th at the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Telephone Conference set for 6/25/2020 at 10:15 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 6/1/2020) (jca)
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Filing
79
ORDER: It is hereby ORDERED that the conference scheduled for May 21, 2020 is adjourned to June 25, 2020 at 10:45 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The parties shall sub mit a status letter regarding the stay in this case by May 19, 2020. SO ORDERED. (Status Conference set for 6/25/2020 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 4/28/2020) (jca)
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Filing
76
ORDER: It is hereby ORDERED that the conference scheduled for April 3, 2020 is adjourned to May 21, 2020 at 10:15 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The parties shall sub mit a status letter regarding the stay in this case by April 3, 2020. SO ORDERED. (Status Conference set for 5/21/2020 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 3/24/2020) (jca)
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Filing
75
ORDER: It is hereby ORDERED that a conference will take place in this action on April 3, 2020 at 11 :00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. It is further ORDERED that the s tay in this case is extended through April 6, 2020. SO ORDERED. (Status Conference set for 4/3/2020 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 3/10/2020) (jca)
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Filing
71
ORDER granting 69 Letter Motion to Adjourn Conference: The conference will take place on January 13, 2020 at 10:00 A.M. (Status Conference set for 1/13/2020 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 12/17/2019) (jwh)
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Filing
68
MOTION AND ORDER FOR WITHDRAWAL OF ATTORNEY: Plaintiffs ask that the Court grant the withdrawal of Maia Goodell as counsel forPlaintiffs. Withdrawal of Ms. Goodell is sought because she is no longer an attorney employed by Disability Rights Advoca tes. Ms. Goodell's withdrawal will not prejudice any litigants in this case, harm the administration of justice, or delay resolution of this case, as all other counsel for Plaintiffs (as further set forth in this Order.) Attorney Maia Beth Goodell terminated. (Signed by Judge Paul G. Gardephe on 12/3/2019) (cf)
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Filing
67
ORDER granting 65 Letter Motion to Stay addressed to Judge Paul G. Gardephe from Seth Packrone and Janice Birnbaum dated November 26, 2019 and 64 Letter. It is hereby ORDERED that a conference in this action will take place on December 19, 2019 at 10:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The parties motion to extend the litigation stay until February 24, 2020 is granted. (Dkt. No. 65) The Clerk of Court is directed to terminate the motions to extend the litigation stay (Dkt. Nos. 64 and 65). (Signed by Judge Paul G. Gardephe on 12/3/2019) (va) Modified on 12/4/2019 (va).
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