J. et al v. New York City Department of Education

Filing 78

ORDER: Accordingly, this case is STAYED pending further order of the Court. The parties are directed to submit a joint letter within two weeks of the resolution of any Second Circuit appeal involving a CLF fee petition in an IDEA case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/18/2023) (ks)

Case 1:20-cv-10672-KPF Document 78 Filed 01/18/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
L.J., individually and on behalf of D.S., a
child with a disability,
Plaintiffs,
-v.NEW YORK CITY DEPARTMENT OF
EDUCATION,

20 Civ. 10672 (KPF)
ORDER

Defendant.
KATHERINE POLK FAILLA, District Judge:
Currently pending before the Court is Plaintiff’s motion for summary
judgment. (Dkt. #50). In connection with that motion, Plaintiff has requested
leave to supplement the record to include a determination letter from the
Independent Auditor in the related case of L.V. v. New York City Department of
Education, No. 03 Civ. 9917 (LAP), a request to which Defendant does not
object. (Dkt. #77). Plaintiff’s motion for leave to supplement the record is
granted.
Separately, the Court observes that the legal issues raised in Plaintiff’s
motion are substantively identical to the issues presented in several prior cases
brought by the Cuddy Law Firm (“CLF”) before this Court, including two that
are presently on appeal to the United States Court of Appeals for the Second
Circuit: K.E. v. New York City Department of Education, No. 21 Civ. 2815 (KPF),
and D.P. v. New York City Department of Education, No. 21 Civ. 27 (KPF). The
D.P. case, in particular, has been consolidated with several cases — and will be
heard in tandem with still other cases — involving CLF fee petitions under the

Case 1:20-cv-10672-KPF Document 78 Filed 01/18/23 Page 2 of 2

Individuals with Disabilities Education Act (“IDEA”). The Court understands
from the appellate docket that briefing in the consolidated appeal concluded in
December 2022. The K.E. appeal has not yet been briefed.
In the interests of judicial economy, and in order to promote efficient use
of the parties’ resources, the Court has determined to wait for guidance from
the Second Circuit on these issues before addressing the pending motion in
this case. Accordingly, this case is STAYED pending further order of the Court.
The parties are directed to submit a joint letter within two weeks of the
resolution of any Second Circuit appeal involving a CLF fee petition in an IDEA
case.
SO ORDERED.
Dated: January 18, 2023
New York, New York
KATHERINE POLK FAILLA
United States District Judge

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