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

Filing 10135

ORDER: Accordingly, the Court adopts the Findings of Fact and Conclusions of Law with respect to Rhodes Victor and Claudia George and will enter their Judgments. For the reasons set forth in the R&R, the Court holds there is no just reason for delay and certifies the judgments as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). And as set forth herein. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/08/2022) (ama)

Case 1:96-cv-08414-KMW Document 10135 Filed 08/08/22 Page 1 of 2
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: __________________
DATE FILED:
8/8/2022

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------X
ELSA GULINO, ET AL.,
Plaintiffs,
-against-

96-CV-8414 (KMW)
ORDER

THE BOARD OF EDUCATION OF THE
CITY SCHOOL DISTRICT OF THE CITY
OF NEW YORK,
Defendant.
----------------------------------------------------X
KIMBA M. WOOD, United States District Judge:

On May 20, 2014, this case was referred to Special Master John S. Siffert pursuant to
Federal Rule of Civil Procedure 53(a)(1)(B) and this Court’s inherent equitable powers and
authority. (ECF Nos. 435, 524.) On July 20, 2022, Special Master Siffert filed a Report and
Recommendation (“R&R”) regarding two claimants, Rhodes Victor and Claudia George, who
submitted demands for damages for individualized determination before the Special Master.
(ECF No. 10105.) The Special Master recommended that this Court adopt the Findings of Fact
and Conclusions of Law for each of the two claimants, found in Exhibit 1 and Exhibit 2 to the
R&R; direct entry of the Judgments for those claimants, also contained in Exhibit 1 and Exhibit
2 to the R&R; and certify those Judgments as final and appealable pursuant to Federal Rule of
Civil Procedure 54(b). (Id.)
The parties agree that objections that have been preserved in the record do not need to be
resubmitted to the Court in connection with the R&R. The parties further agree that the Court
may adopt or reject the R&R on the basis of the arguments and objections to rulings contained in
the record.
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Case 1:96-cv-08414-KMW Document 10135 Filed 08/08/22 Page 2 of 2

As set forth in the Second Amended Order of Appointment and consistent with Federal
Rule of Civil Procedure 53(f), the Court reviews de novo all objections to conclusions of law and
findings of fact made or recommended by the Special Master. (ECF No. 524.) Upon de novo
review of the R&R, as well as the Findings of Fact and Conclusions of Law—and after
reviewing the previous Interim R&Rs that this Court has already adopted—the Court adopts the
Special Master’s R&R in its entirety.
Accordingly, the Court adopts the Findings of Fact and Conclusions of Law with respect
to Rhodes Victor and Claudia George and will enter their Judgments. For the reasons set forth in
the R&R, the Court holds there is no just reason for delay and certifies the judgments as final and
appealable pursuant to Federal Rule of Civil Procedure 54(b).
SO ORDERED.
Dated: New York, New York
August 8, 2022

/s/ Kimba M. Wood
KIMBA M. WOOD
United States District Judge

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