Gulino, et al v. Board of Education, et al
Filing
10823
ORDER: Accordingly, the Court adopts the Proposed Findings of Fact and Conclusions of Law with respect to each member of the September 2023 Cohort and will enter the Proposed Judgments for the September 2023 Cohort. 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 10/11/2023) (ama)
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: __________________
DATE FILED:
10/11/2023
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 September 28, 2023, Special Master Siffert filed a Report
and Recommendation (“R&R”) regarding a cohort of claimants whose damages awards were
reduced to proposed judgments and submitted to the Special Master in September 2023 (the
“September 2023 Cohort”). (ECF No. 10821.) The claimants who constitute the September
2023 Cohort are listed in Exhibit 1 to the R&R. The Special Master recommended that this
Court adopt the Proposed Findings of Fact and Conclusions of Law for each claimant in the
September 2023 Cohort, found in Exhibits 2 and 3 to the R&R; direct entry of the Proposed
Judgments for those claimants, also contained in Exhibits 2 and 3 to the R&R; and certify those
Proposed 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
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may adopt or reject the R&R on the basis of the arguments and objections to rulings contained in
the record.
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 Proposed 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 Proposed Findings of Fact and Conclusions of Law
with respect to each member of the September 2023 Cohort and will enter the Proposed
Judgments for the September 2023 Cohort. 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
October 11, 2023
/s/ Kimba M. Wood
KIMBA M. WOOD
United States District Judge
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