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

Filing 8375

ORDER: Adopting REPORT AND RECOMMENDATION: 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 t he 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 con clusions 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 Conclusions of Law-and after reviewing the previous Interim R&Rs that this Court has already adoptedthe Court adopts the Special Master's R&R in its entirety. Accordingly, the Court will enter the Proposed Judgments for the July 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 8/09/2021) (ama)

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Case 1:96-cv-08414-KMW Document 8375 Filed 08/09/21 Page 1 of 2 USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: __________________ DATE FILED: August 9, 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 July 30, 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 July 2021 (“July 2021 Cohort”), as listed in Exhibit 1 of the R&R; enter the proposed judgments submitted as Exhibits 2 through 8 of the R&R; and certify those Proposed Judgments for the July 2021 Cohort as final and appealable pursuant to Federal Rule of Civil Procedure 54(b). (ECF No. 8371.) 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 8375 Filed 08/09/21 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 the July 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 August 9, 2021 /s/ Kimba M. Wood KIMBA M. WOOD United States District Judge 2

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