Scaggs et al v. New York State Department of Education et al

Filing 236

ORDER ADOPTING REPORT AND RECOMMENDATIONS: SEE ATTACHED ORDER. The Report and Recommendation of the Magistrate Judge 235 is adopted in its entirety. As such, the infant compromise orders regarding plaintiffs Andre Lee, Jr., DE 220 , Kayle igh Martin, DE 222 , Jack Zappasodi, DE 223 , James Jackson, DE 224 , Kashaun Boynton, DE 225 , Maleik Boynton, DE 226 , Tallia Arnon, DE 227 , Tarell Arnon,DE 228 , and Steven Scaggs, DE 229 are APPROVED. Each order of compromise relating to these plaintiffs will be signed by the Court and separately docketed. The motion to approve the compromise order as to plaintiff Tyasia Lee, who has reached the age of eighteen, is DENIED AS MOOT. By July 22, 2011, the parties shall file an appr opriate stipulation of settlement/dismissal reflecting the resolution of all claims relating to plaintiff Tyasia Lee. The motion to seal all infant compromise orders is DENIED. The Clerk of Court is directed to close the file. Ordered by Judge Roslynn R. Mauskopf on 7/7/2011. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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STEVEN SCAGGS, infant by mother and natural
guardian Lavonia Scaggs, et al.
Plaintiffs,
- against -

ORDER
06-CV-799 (RRM) (WDW)

NEW YORK STATE DEPARTMENT OF
EDUCATION, et al.,
Defendants.
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MAUSKOPF, United States District Judge.

Plaintiffs in this action were, at the time of the actions underlying this litigation, minor
school children at the defendant Riverhead Charter School. The complaint alleges that defendants
deprived plaintiffs of their right to a free public education by, inter alia, failing to identify students
with learning disabilities and/or special educational needs, failing to provide appropriate
educational services, programs, or plans, and failing to provide plaintiffs with an adequate learning
environment. See Compl., Docket Entry (“DE”) [106]. After the completion of discovery and the
dismissal of several plaintiffs for failure to participate in discovery, the parties agreed to a
settlement of the claims of the remaining ten plaintiffs. On January 4, 2011, plaintiffs moved for
court approval of the proposed settlements and to seal the record, see DE[220] through [229]
inclusive. Those motions were referred to Magistrate Judge William D. Wall for a report and
recommendation.
On June 16, 2011, the Magistrate Judge issued his report and recommendation, see DE
[235], recommending that all infant compromise motions be approved with the exception of that
relating to plaintiff Tyasia Lee, see DE [221], who reached the age of majority subsequent to
settling and seeking compromise. See Letter, DE [230]. The Magistrate Judge ordered that,

pursuant to Rule 72(b), any objection to the report and recommendation must be filed by July 5,
2011. No party has filed an objection.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has
reviewed the report and recommendation for clear error and, finding none, adopts it in its entirety.
See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007).
Accordingly, it is hereby
ORDERED that the infant compromise order regarding plaintiffs Andre Lee, Jr., DE
[220], Kayleigh Martin, DE [222], Jack Zappasodi, DE [223], James Jackson, DE [224],
Kashaun Boynton, DE [225], Maleik Boynton, DE [226], Tallia Arnon, DE [227], Tarell
Arnon,DE [228], and Steven Scaggs, DE [229] are APPROVED. Each order of compromise
relating to these plaintiffs will be signed by the Court and separately docketed; and it is
FURTHER ORDERED that the motion to approve the compromise order as to
plaintiff Tyasia Lee, who has reached the age of eighteen, is DENIED AS MOOT. By July
22, 2011, the parties shall file an appropriate stipulation of settlement/dismissal reflecting
the resolution of all claims relating to plaintiff Tyasia Lee; and it is
FURTHER ORDERED that the motion to seal all infant compromise orders is
DENIED.
The Clerk of Court is directed to close the file.

SO ORDERED.

Roslynn R. Mauskopf

Dated: Brooklyn, New York
July 7, 2011

____________________________________
ROSLYNN R. MAUSKOPF
United States District Judge

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