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

Filing 40

ORDER terminating 39 Letter Motion to Adjourn Conference. A suggestion of settlement having been made, this case is dismissed. If the settlement is not consummated within 30 days of this order, or an authorized enlarged date, either party may apply by letter for restoration of the action within 10 days after the close of said period. All pending court dates are cancelled. The Clerk is directed the case. (Signed by Judge Alvin K. Hellerstein on 11/18/21) (yv)

Case 1:20-cv-06502-AKH Document 40 Filed 11/18/21 Page 1 of 1
Case 1:20-cv-06502-AKH Document 39 Filed 11/17/21 Page 1 of 1
THE LAW OFFICE OF

I

ELISA HYMAN,

P.C.

November 17, 2021
Via ECF
Hon. Alvin K. Hellerstein, United States District Judge
U.S. District Court - Southern District of New York
500 Pearl St.
New York, NY 10007
Re: A.M, et al. v. NYC Dep't of Educ., et al., No. 20-cv-6502 (AKH)
Dear Judge Hellerstein:
I represent the Plaintiffs in the above-referenced case but am writing jointly with
Defendants to respectfully request an adjournment sine die of the conference scheduled for
November 19, 2021.
As you will recall, this case is a straightforward IDEA case for attorneys' fees and costs. 1
The parties are pleased to report that we have agreed to a settlement amount for the fees in this
case and thus the conference is not necessary. The parties, however, do need additional time to
finalize the Stipulation of Settlement in this case, particularly as Ms. Sprayregen, Counsel for
Defendants, is currently on leave. I have spoken with Carolyn Kruk from Corporation Counsel
who joins in the request to adjourn the conference and will work with Plaintiffs' counsel in drafting
the Stipulation in Ms. Sprayregen's absence.
The parties thank the Court for its assistance in resolving the matter. The parties propose
submitting a Stipulation of Settlement and Discontinuance no later than December 1, 2021.

Respectfully Submitted,

A suggestion of settlement having been mad~, t~is case is
dismissed. If the settlement is not consummated within 30 days
of this order, or an au~horized en larged _date, _eit~er party may
apply by Jetter fo~estoration of the action within 10 days after
the close of said period. All pending court dates are cancelled.

Erin O'Connor, Of Counsel
The Law Office of Elisa Hyman, P .C.

The Clerk is directed t~ ~lo:e:~e c"e:

Counsel for the Plaintiffs

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1

Plaintiff A.M. is the parent ofR.K., a former student with a learning disability. Plaintiffs' complaint against the
New York City Department of Education ("DOE"), Chancellor Meisha Porter, and the New York City Board
of Education ("BOE") (collectively "Defendants" or "DOE") seeks, inter alia, attorneys' fees and costs as the
prevailing party in underlying administrative proceedings pursuant to the Individuals with Disabilities Education
Improvement Act ("IDEA"), 20 U.S.C. § 1400, et seq., and Section 504 of the Rehabilitation Act of 1973 , 29
U.S.C. § 794 ("Section 504").
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