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

Filing 11285

JUDGMENT FOR SIONERY VILLAR IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Villar will have judgment against the BOE in the amount of $36,311, consisting of: 1. Backpay in the amount of $18,424; 2. Tax-component award in the amou nt of $6,431; 3. LAST Fees in the amount of $264; 4. CAR Award in the amount of $1,458; 5. Pre-judgment interest calculated to be $9,734; and 6. Pension-related relief pursuant to the terms of the Court's Order dated December 17, 2018 (Pension Stipulation & Order, [ECF No. 1014]). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Masters recommendation that this judgment be certified as final pursuant to Federal Rule of Civil Procedure 54(b ) and expressly determines that there is no just reason for delay for the reasons stated in the Special Masters Report and Recommendation. This Judgment Entry is certified and entered the Court pursuant to Rule 54(b) of the Federal Rule of Civil Procedure. (Signed by Judge Kimba M. Wood on 3/19/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------------ELSA GULINO, MAYLING RALPH, PETER WILDS,
and NIA GREENE, on behalf of themselves and all others
similarly situated,
Plaintiffs,
- against THE BOARD OF EDUCATION OF THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK,
Defendant.
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96 Civ. 8414 (KMW)

[PROPOSED]
JUDGMENT
FOR
SIONERY
VILLAR

WHEREAS, the Court certified a remedy-phase class of Plaintiffs (See Gulino v. Bd. of Educ. of
the City Sch. Dist. of the City of N.Y., Opinion and Order, No. 96-cv-8414, [ECF No. 386]), and
Sionery Villar is a member of that class;
WHEREAS, the Court appointed a Special Master (See May 20, 2014 Order of Appointment,
[ECF No. 435]; November 12, 2014 Second Amended Order of Appointment, [ECF No. 524]) to
hear, among other things, demands for damages;
WHEREAS, the Special Master held a hearing on May 18, 2023, with respect to Ms. Villar’s
demand for damages and Defendant’s objections, [ECF No. 10763];
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 District of the City of New York
(“BOE”) and Plaintiffs entered into, and the Court so ordered, a Stipulation of Classwide Facts &
Procedures, [ECF No. 1009];
WHEREAS, the BOE and Plaintiffs entered into, and the Court so ordered, a Seventh
Supplemental Stipulation Concerning Admissibility of Exhibits, which attached a Seventh
Supplemental Index of Exhibits (collectively referred to as the “Classwide Exhibits”) filed with
the Court, [ECF No. 9980];
WHEREAS, the Special Master made Findings of Fact and Conclusions of Law for Sionery
Villar which the Plaintiffs and the BOE agree to, annexed hereto as Exhibit 1, that the Special
Master recommends the Court adopt;
WHEREAS, the Special Master recommended, and the parties agreed with the Special Master’s
recommendation, that the Court certify this judgment as final pursuant to Federal Rule of Civil
Procedure 54(b); and

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WHEREAS, Plaintiffs and BOE have agreed not to appeal this final judgment for Ms. Villar.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact
and Conclusions of Law for Sionery Villar (Exhibit 1) is adopted;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Villar will have
judgment against the BOE in the amount of $36,311, consisting of:
1. Backpay in the amount of $18,424;
2. Tax-component award in the amount of $6,431;
3. LAST Fees in the amount of $264;
4. CAR Award in the amount of $1,458;
5. Pre-judgment interest calculated to be $9,734; and
6. Pension-related relief pursuant to the terms of the Court’s Order dated December 17,
2018 (Pension Stipulation & Order, [ECF No. 1014]).
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Ms. Villar will be entitled to
the following non-monetary relief:
1. The BOE is ordered to amend its internal service, salary, payroll, and human resources
systems as follows:
a. Incorporate the “Pension Inputs” detailed in Paragraph 3(c) of Exhibit 1;
b. Incorporate Sionery Villar’s counterfactual monthly service history, as listed on
Exhibit B to the Findings and Fact and Conclusions of Law for Sionery Villar;
and
c. Grant Sionery Villar retroactive seniority based on her counterfactual monthly
service history, as described in Paragraph 3 of Exhibit 1.
2. The BOE is ordered to provide the findings of fact contained in Paragraph 3(c) of Exhibit
1, to the New York City Office of the Actuary.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special
Master’s recommendation that this judgment be certified as final pursuant to Federal Rule of
Civil Procedure 54(b) and expressly determines that there is no just reason for delay for the
reasons stated in the Special Master’s Report and Recommendation.

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This Judgment Entry is certified and entered the Court pursuant to Rule 54(b) of the Federal Rule
of Civil Procedure.
3/19/2024
Dated: _________

ENTERED
/s/ Kimba M. Wood
______________________

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