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

Filing 18

ORDER granting 17 Letter Motion to Adjourn Conference; granting 17 Letter Motion for Extension of Time to Answer re 17 FIRST LETTER MOTION to Adjourn Conference sine die addressed to Judge Paul G. Gardephe from Peter L Germanakos dated 1/7/22.THIRD LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul G. Gardephe from Peter L Germanakos dated 1/7/22.FIRST LETTER MOTION for Extension of Time to File joint settlement status letter add ressed to Judge Paul G. Gardephe from Peter L Germanakos dated 1/7/22.. ; granting 17 Letter Motion for Extension of Time to File. The application is granted. The conference currently scheduled for January 27, 2022 is adjourned to February 24, 2022 at 11:45 a.m. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 1/10/2022) ( Initial Conference set for 2/24/2022 at 11:45 AM before Judge Paul G. Gardephe.) New York City Department of Education answer due 2/10/2022 (ks)

Case 1:21-cv-06118-PGG Document 17 Filed 01/07/22 Page 1 of 2
18
01/10/22

GEORGIA M. PESTANA
Corporation Counsel

THE CITY OF NEW YORK

LAW DEPARTMENT

PETER L GERMANAKOS

Special Assistant Corporation Counsel

[phone]

100 CHURCH STREET
NEW YORK, NY 10007

January 7, 2022
VIA ECF
Hon. Paul G. Gardephe
United States District Court
Southern District of New York
40 Centre Street, Rm 705
New York, NY 10007
Re: M.B. v. N.Y.C. Dep’t of Educ., 21-cv-6118(PGG)(KNF)

Dear Judge Gardephe:
I am a Special Assistant Corporation Counsel in the office of Corporation Counsel, Georgia
M. Pestana, attorney for Defendant in the above-referenced action, wherein Plaintiff seeks solely
attorneys’ fees, costs and expenses for legal work on an administrative hearing under the Individuals
with Disabilities Education Act, 20 U.S.C. §1400, et seq. (“IDEA”), as well as for this action.
I write to respectfully request a 30-day extension of Defendant’s time to respond to the
complaint, from January 11 to February 10, 2022, (as well as a corollary extension of the parties’
date for submission of a joint status letter from January 22 to February 21, 2022) and to adjourn the
Court conference scheduled for January 27, 2022 sine die. This is the third, and hopefully final
request to extend Defendant’s time, and the first request to adjourn the court conference and to
extend the parties time to submit a next status letter. Plaintiff consents to these requests.
At this time, the parties are actively engaged in good faith negotiations and we expect that
this matter will be resolved in short order. As with many similar IDEA fees-only cases brought by
the Roller firm, we are hopeful that the parties will settle this matter without the need for Court
intervention.
Accordingly, Defendant respectfully requests a 30-day extension of (1) its time to respond
to the complaint to February 10, 2022, (2) the parties time to submit a joint status letter to February
21, 2022; and an adjournment of the Court conference sine die.

Thank you for considering these requests.
Respectfully submitted,
______/s/______

Case 1:21-cv-06118-PGG Document 17 Filed 01/07/22 Page 2 of 2
18
01/10/22

Peter L. Germanakos
Special Assistant Corporation Counsel

cc: Irina Roller, Esq. (via ECF)

MEMO ENDORSED:
The application is granted. The conference currently
scheduled for January 27, 2022 is adjourned to
February 24, 2022 at 11:45 a.m.

Dated: January 10, 2022