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

Filing 5835

JUDGMENT FOR MARVA MCDONALD: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact and Conclusions of Law for Marva McDonald (Exhibit 1) is adopted; IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Marva McDonald will have judgment against the BOE as follows: 1. Backpay in the amount of $49,185; 2. Tax-component award in the amount of $5,779; 3. LAST Fees in the amount of $880; 4. ASAF account award in the amount of $400; 5. Pre-judgment interest calculated to be $11,453; 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 Marva McDonald w ill 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 4 of Exhibit 1; b. Incorporate Marva McDonald's counterfactual monthly service history, as listed on Exhibit A to the Stipulation Regarding Marva McDonald; and c. Grant Marva McDonald retroactive seniority based on her counterfactual monthly service history, as described in Paragraph 4 of Exhibit 1. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the Special Master's recommendation that this judgment be certified as final and appealable 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 by the Court pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Kimba M. Wood on 6/30/2020) (mml)

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
MARVA
MCDONALD

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
Marva McDonald (“Claimant”) 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 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 Fourth
Supplemental Stipulation Concerning Admissibility of Exhibits, which attached a Fourth
Supplemental Index of Exhibits (collectively referred to as the “Classwide Exhibits”) filed with
the Court, [ECF No. 4645];
WHEREAS, Plaintiffs and the BOE executed a Stipulation Regarding Expedited Class Members
dated June 5, 2020, and have prepared the annexed Findings of Fact and Conclusions of Law for
Marva McDonald, which the Special Master recommends that 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 and appealable pursuant to Federal
Rule of Civil Procedure 54(b);

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the annexed Findings of Fact
and Conclusions of Law for Marva McDonald (Exhibit 1) is adopted;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Marva McDonald will have
judgment against the BOE as follows:
1. Backpay in the amount of $49,185;
2. Tax-component award in the amount of $5,779;
3. LAST Fees in the amount of $880;
4. ASAF account award in the amount of $400;
5. Pre-judgment interest calculated to be $11,453; 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 Marva McDonald 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 4 of Exhibit 1;
b. Incorporate Marva McDonald’s counterfactual monthly service history, as listed
on Exhibit A to the Stipulation Regarding Marva McDonald; and
c. Grant Marva McDonald retroactive seniority based on her counterfactual monthly
service history, as described in Paragraph 4 of Exhibit 1.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court adopts the
Special Master’s recommendation that this judgment be certified as final and appealable
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.
This Judgment Entry is certified and entered by the Court pursuant to Rule 54(b) of the Federal
Rules of Civil Procedure.
Dated:_______________
6/30/20

ENTERED
/s/ Kimba M. Wood
______________________

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