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

Filing 7583

ORDER re: 7477 Special Master's Report. 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 the Conclusions Law-and after reviewing the previous Interim R&Rs that this Court has already adopted-the Court adopts the F indings of Fact and Conclusions of Law for the Fifth Cohort of Expedited Class Members; will enter the Proposed Judgments for the Fifth Cohort of Expedited Class Members; expressly determines that there is no just reason for delay; and certifies the Proposed Judgments for the Fifth Cohort of Expedited Class Members as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). SO ORDERED. (Signed by Judge Kimba M. Wood on 3/25/2021) (mml)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: __________________
DATE FILED: March 25, 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 March 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 the fifth cohort of class members whose damages were determined using
the Expedited Damages Model, identified in the Appendix to Exhibit 1 of the R&R (“Fifth
Cohort of Expedited Class Members”); enter the Proposed Judgments submitted with the R&R
as Exhibits 3-4; and certify those Proposed Judgments as final and appealable pursuant to
Federal Rule of Civil Procedure 54(b). (ECF No. 7477.)
The parties agree that objections that have been preserved in the record do not need to be
resubmitted to the Court in connection with this 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
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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 the Conclusions Law—and after
reviewing the previous Interim R&Rs that this Court has already adopted—the Court adopts the
Findings of Fact and Conclusions of Law for the Fifth Cohort of Expedited Class Members; will
enter the Proposed Judgments for the Fifth Cohort of Expedited Class Members; expressly
determines that there is no just reason for delay; and certifies the Proposed Judgments for the
Fifth Cohort of Expedited Class Members as final and appealable pursuant to Federal Rule of
Civil Procedure 54(b).

SO ORDERED.
Dated: New York, New York
March 25, 2021

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

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