M.G. et al v. NYC Department of Education et al

Filing 51

ORDER granting 50 Letter Motion to Stay: Granted. The Court hereby stays discovery until April 1, 2021, and adjourns sine die the pending deadlines set forth in the case management plan and scheduling order, Dkt. 37, including the conference sched uled for March 25, 2021. The parties shall file a joint status report on March 25, 2021, which should include a revised case management plan and discovery deadline. The Court expects counsel to continue settlement discussions in earnest in the coming months. (Signed by Judge Paul A. Engelmayer on 1/8/2021) (jwh)

Case 1:19-cv-03092-PAE Document 51 Filed 01/08/21 Page 1 of 2

January 7, 2021
BY ECF
Honorable Judge Paul A. Engelmayer
United States District Court
Southern District of New York
40 Foley Square
New York, New York 10007
Re: M.G., et al. v. New York City Department of Education, et al.,
19-cv-3092 (PAE)
Dear Judge Engelmayer:
I represent the Plaintiffs in the above-referenced case. The parties write to jointly request that
discovery be stayed and the Case Management Plan (“CMP”) be adjourned sine die.
Pursuant to the CMP in this case, which Your Honor So Ordered in April, 2020, fact discovery is
set to close January 15, 2021. See Docket Entry 37. The parties apologize to the Court, but this
discovery schedule has proven to be unrealistic in light of the current circumstances. It has been
an unprecedented situation. The COVID-19 pandemic has continued to cause a tremendous
interruption in both of our offices and at the Department of Education (“DOE”), including
limited access to documents at times. Additionally, a significant amount of our respective
offices’ resources and energy have been dedicated to navigating the closing, reopening and
reclosing of New York City schools and to handling emergency situations to ensure that special
education students continue to receive services and can access education. Moreover, this CMP
was So Ordered prior to Plaintiffs’ filing of an amended complaint in this action, in which
Plaintiffs added additional claims. Docket Entry 48. Lastly, the attorney for Plaintiffs who is
assigned this case is currently on emergency medical leave, following emergency medical
situations involving his son. For all these reasons, our discovery schedule has now become
impossible to achieve. This is the parties’ first request to stay and extend the overall discovery
schedule.
Furthermore, the parties are requesting an adjournment of the CMP deadlines sine die to allow us
an opportunity to renew settlement discussions before needlessly expending resources on
discovery. The parties previously engaged in an informal exchange of information for settlement
purposes and have recently renewed the possibility of settlement of this matter. The parties are
hopeful that a settlement could be reached in this action.

Case 1:19-cv-03092-PAE Document 51 Filed 01/08/21 Page 2 of 2

If Your Honor grants this joint request, the parties propose submitting a status report to the Court
no later than March 25, 2021. 1
Thank you for Your Honor’s consideration of this joint request.
Respectfully Submitted,
________________
__________________
Erin O’Connor, Of Counsel
The Law Office of Elisa Hyman, P.C.
Counsel for the Plaintiffs
Cc:

Andrew Rauchberg, Esq., Assistant Corporation Counsel (via ECF)

Granted. The Court hereby stays discovery until April 1, 2021,
and adjourns sine die the pending deadlines set forth in the case
management plan and scheduling order, Dkt. 37, including the
conference scheduled for March 25, 2021. The parties shall file
a joint status report on March 25, 2021, which should include a
revised case management plan and discovery deadline. The
Court expects counsel to continue settlement discussions in
earnest in the coming months.
SO ORDERED.
__________________________________
PAUL A. ENGELMAYER
United States District Judge

January 8, 2021

1

The next case management conference is currently scheduled for March 25, 2021, following the
close of discovery. If Your Honor grants our request for a stay of discovery and adjournment of
the CMP, the parties propose adjourning the case management conference sine die as well.
2