Gulino, et al v. Board of Education, et al

Filing 10131

CONSENT ORDER AND JUDGMENT FOR MONICA LLEWELLYN: IT IS HEREBY ORDERED, ADJUDGED, AND DE REED that the annexed Stipulated Findings of Fact and Conclusions of Law for Monica Llewellyn (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Monica Llewellyn will have judgment against the BOE in the amount of $21 083.00, consisting of: 1. Backpay in the amount of $16,743.00; 2. Tax-component award in the amount of $1,967.00; 3. LAST Fees in the amount of $440.00 ; 4. Pre-judgment interest calculated to be$ l,933.00; and 5. Pension-related relief pursuant to the term of the Court's Order dated December 17, 2018 (Pension Stipulation & Order (ECF No. 1014). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, BOE will pay Monica Llewellyn her judgment no later than July 31, 2022. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Monica Llewellyn will be entitled to the fol1owing non-monetary relief: as set forth herein. IT IS FURTHER ORDERED, ADJUDG ED AND DECREED that this judgment be certified as final pursuant to Federal Rule of Civil Procedure 54(b). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this action for purposes of carrying out the terms of the Consent Order and Judgment, or granting such further relief as this Court deems just and proper. (Signed by Judge Kimba M. Wood on 8/02/2022) (ama)

Case 1:96-cv-08414-KMW Document 10131 Filed 08/02/22 Page 1 of 3

U lTED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------·· -·· ··-···-····-- · · - - - - - - ------· ----- ----

X

ELSA GULINO, MAYUNG RALPH, PETER WILDS,
and NIA GREENE, on behalf of themselves and a11 others
similarly situated,

96 Civ. 84] 4 (KMW)

Plaintiffs,

!PROPOSED]
CONSENT ORDER
AND
JUDGMENT
FOR
MONICA

- against THE BOARD OF EDUCATION OF THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK,
Defendant.
----------------------------------------------------------------------

LLEWELLYN
X

WHEREAS the Court ce1iified a remedy-phase class of Plaintiffs (See Gulino v. Bd. of Educ. o.f
the City Sch. Dist. o.f Lhe City o.fN. Y., OpiJ1ion and Order, No. 96-cv-8414, [ECF No. 386)), and
Monica Llewellyn ("Claimant") is a member of that class;
WHEREAS, the Court appointed a Special Ma ter (See May 20, 2014 Order of Appointment,
[ECF No. 435) ; November 12, 2014 Second Amended Order of Appointment, [ECF No. 524)) to
bear among other things, demands for damages;
WHEREAS, the Special Master made, and the Court adopted, Classwide Conclusions of Law,
[ECF Nos. 999, 1008));
WHEREAS, the Board of Education of the City School Di strict of the City of New York
(" BOE") and Plaintiffs entered into and the Court o ordered, a Stipulation of Classwide Facts &
Procedures, [ECF o. 1009]WHEREAS the BOE and Plaintiffs entered into and the Court so ordered, a Sixth Supplemental
Stipulation Concemjng Admissibility of Exhibits which attached a Six th Suppl emental Index of
Exhibits (collectively referred to as the "Classwide Exhibits' ) filed with the Court [ECF No.
8247];
WHEREAS, Plaintiffs and the BOE have prepared the annexed Stipulated Findings of Fact and
Conclusions of Law for Monica Llewellyn (Exhibit I), which the Plaintiffs and BOE agree that
the Court should adopt;
WHEREAS, Plaintiffs and BOE consent to entry of this order and final judgment for Monica
Llewellyn pursuant to Federal Rule of Civil Procedure 54(b ); and
WHEREAS, Plaintiffs and BOE have agreed not to appeal this order and final judgment for
Monica Llewellyn.

Case 1:96-cv-08414-KMW Document 10131 Filed 08/02/22 Page 2 of 3

IT IS HEREBY ORDERED, ADJUDGED, AND DE REED that the annexed Stipulated
Findings of Fact and onclusions of Law for Monica Llewellyn (Exhibit l) is adopted;
1T lS FURTHER ORDERED, ADJUDGED, AND DECREED that Monica Llewellyn will have
judgment against the BOE in the amount of $21 083.00, consisting of:
1. Backpay in the amount of $16,743.00;

2. Tax-component award in the amount of$1,967.00;
3. LAST Fees in the amount of $440.00;

4. Pre-judgment interest calculated to be$ l ,933 .00; and
5. Pension-related relief pursuant to the tenm of the Court's Order dated December 17,
2018 (Pension Stipulation & Ord r (ECFNo. 1014)).

IT IS FURTHER ORDERED, ADJUDGED, A D DECREED that, BOE will pay Monica
Llewellyn her judgment -110 later than July 31, 2022.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Monica Llewellyn wilJ be
entitled to the fol1owing non-monetary relief:
1. The BOE is ordered to amend its internal service, salary, payroll, and human resources
systems as fo1lows:
a. Incorporate the "Pension Jnputs" detailed in Paragraph 4 of Exhibit l;
b. Incorporate Monica Llewellyn's counterfactua] month]y service history as listed
on Exhibit A to the Stipulated Findings and Facl and Conclusions of Law for
Monica Llewellyn- and
c. Grant Monica Llewellyn retroactive seniority based on her counterfactual
monthly service history, as described in Paragraph 4 of Exhibit 1.
1T IS FURTHER ORDERED, ADJUDGED AND DECREED that this judgment be certified as
final pursuant to Federal Rule of Civil Procedure 54(b).

2

Case 1:96-cv-08414-KMW Document 10131 Filed 08/02/22 Page 3 of 3

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain
jurisdiction of this action for purposes of carrying out the tenns of the Consent Order and
Judgment, or granting such furtl1er relief as this Court deems just and proper.
Dated: �!2.v :l/

STIPu-:;J;;lNo AGREED UPON BY:

Joshua S. Sohn
Stroock & Stroock & Lavan LLP
180 Maiden Lane
New York, NY 10038
Counsel for Plaint!/Js

,µ3/1-z,
Williftffl S.J. Freei,�e] lfvu;tr--&a.,,,� �1'\ r(

�

Assistant Corporation Counsel
The City of New York Law Department
100 Church Street
New York, NY 10007
Counsel for Defendant

1

ENTERED

Dated: 8/2/2022

/s/ Kimba M. Wood

3