M.C. et al v. New York City Department of Education

Filing 52

INFANT COMPROMISE ORDER: NOW, on motion of JENNIFER RATCLIFF, attorney for the Plaintiff, it is ORDERED, that M.C. and D.C., the parents and natural guardians of the infant, T.C., are hereby permitted to enter into a compromise and settlement of th e infant's claims for relief for the sum of Six Thousand Five Hundred Dollars and Zero Cents ($6,500.00), to be paid by Defendant New York City Department of Education; it is further ORDERED that the attorney for Plaintiffs RATCLIFF LAW, PLLC, receive the sum of Six Thousand Five Hundred Dollars and Zero Cents ($6,500.00)in compensation for legal services; it is further ORDERED, that upon full compliance with all the terms of this Order, the parents and natural guardians are a uthorized, empowered, and permitted to execute and deliver a General Release and any other papers necessary to effectuate the settlement herein. (And as further set forth herein). (Signed by Judge John P. Cronan on 8/1/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.

Case 1:20-cv-05558-JPC Document 52 Filed 08/01/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

M.C. and D.C., individually and on behalf of
T.C., a child with disabilities,
INFANT COMPROMISE ORDER
Plaintiff,
-against-

Case No. 1:20-cv-05558

NEW YORK CITY
DEPARTMENT OF EDUCATION,
Defendant.

Plaintiffs M.C. and D.C., and Defendant New York City Department of Education
(“DOE”) (together, the “Parties”), having agreed to seek a Stipulation and Order of settlement,
have also sought approval to complete the same before this Court.
Local Civil Rule 83.2(a)(1) requires parties to obtain court approval before settling an
action (or, as here, claims thereof) on behalf of a minor child. In determining whether an infant
compromise should be approved, the reviewing court “shall conform, as nearly as may be, to the
New York State statutes and rules.” Local Civil R. 83.2(a)(1). In accordance with the applicable
New York statutes and rules, courts in this jurisdiction focus on “whether (1) the proposed
settlement is in the infant’s best interests; and (2) the proposed attorney’s fees and costs are
reasonable.” D.J. ex rel. Roberts v. City of New York, 11- cv-5458, 2012 WL 5431034, at *2
(S.D.N.Y. Oct. 16, 2012), report and recommendation adopted sub nom., Roberts v. City of New
York, 2012 WL 5429521 (S.D.N.Y. Nov. 7, 2012) (citing Local Civil R. 83.2(a); N.Y. Jud. Law §
474; N.Y. C.P.L.R. §§ 1205–1208).

Case 1:20-cv-05558-JPC Document 52 Filed 08/01/22 Page 2 of 2

“There is a strong presumption that a settlement is fair and reasonable where ‘(i) the
settlement is not collusive but was reached after arm's length negotiation; (ii) the proponents have
counsel experienced in similar cases; [and] (iii) there has been sufficient discovery to enable
counsel to act intelligently.’” Campbell v. City of New York, 15-cv-2088, 2015 WL 7019831, at
*2 (S.D.N.Y. Nov. 10, 2015) (quoting Orlandi ex rel. Colon v. Navistar Leasing Co., 09-cv-4855,
2011 WL 3874870, at *2 (S.D.N.Y. Sept. 2, 2011)).
Having reviewed all of the documents submitted by the parties, the Court finds that the
proposed partial settlement is in the best interest of T.C. and that the proposed agreements,
services, fees, and costs addressed are reasonable.
NOW, on motion of JENNIFER RATCLIFF, attorney for the Plaintiff, it is
ORDERED, that M.C. and D.C., the parents and natural guardians of the infant, T.C., are
hereby permitted to enter into a compromise and settlement of the infant’s claims for relief for
the sum of Six Thousand Five Hundred Dollars and Zero Cents ($6,500.00), to be paid by
Defendant New York City Department of Education; it is further
ORDERED that the attorney for Plaintiffs RATCLIFF LAW, PLLC, receive the sum of
Six Thousand Five Hundred Dollars and Zero Cents ($6,500.00)in compensation for legal
services; it is further
ORDERED, that upon full compliance with all the terms of this Order, the parents and
natural guardians are authorized, empowered, and permitted to execute and deliver a General
Release and any other papers necessary to effectuate the settlement herein.

Date: August 1, 2022
New York, NY

_____________________
Hon. John P. Cronan
United States District Judge