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

Filing 7361

ORDER: Accordingly, the Court will enter the Proposed Judgments for February 2021 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). (Signed by Judge Kimba M. Wood on 2/19/2021) (va)

Case 1:96-cv-08414-KMW Document 7361 Filed 02/19/21 Page 1 of 2
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: __________________
DATE FILED: February 19, 2021

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------X
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 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 February 17, 2021, Special Master Siffert filed a Report
and Recommendation (“R&R”), recommending that this Court adopt the Findings of Fact and
Conclusions of Law for claimants whose damages award has been calculated with a presumed
date of judgment in February 2021 (“February 2021 Cohort”), as listed in Exhibit 1 of the R&R;
enter the proposed judgments submitted as Exhibit 2 of the R&R; and certify those Proposed
Judgments for the February 2021 Cohort as final and appealable pursuant to Federal Rule of
Civil Procedure 54(b). (ECF No. 7339.)
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.
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
1

Case 1:96-cv-08414-KMW Document 7361 Filed 02/19/21 Page 2 of 2

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 will enter the Proposed Judgments for February 2021 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).

Dated: New York, New York
February 19, 2021

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

2