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

Filing 12

ORDER granting 11 Letter Motion to Adjourn Conference. GRANTED. The initial pre-trial conference scheduled for May 17, 2022 at 2:00 PM is ADJOURNED to July 5, 2022 at 10:30 AM. Absent exceptional circumstances, the Court will not delay the initial pre-trial conference again. SO ORDERED. Initial Conference set for 7/5/2022 at 10:30 AM before Judge Mary Kay Vyskocil.. (Signed by Judge Mary Kay Vyskocil on 5/6/2022) (tg)

Case 1:22-cv-01077-MKV Document 12 Filed 05/06/22 Page 1 of 2

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 5/6/2022
THE CITY OF NEW YORK

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

LAW DEPARTMENT
100 CHURCH STREET
NEW YORK, NY 10007

Copatrick Thomas
Phone: [phone]
Fax: [phone]
[e-mail]
(not for service)

May 6, 2022
VIA ECF
Hon. Mary Kay Vyskocil
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re: D.G., et al. v. New York City Dep’t of Educ.
Docket No. 22-CV-1077 (MKV)
Dear Judge Vyskocil:
I am an Assistant Corporation Counsel in the Office of the Corporation Counsel,
attorney for Defendant New York City Department of Education (“DOE”) in the abovereferenced action. Pursuant to Rule 2.G of the Court’s Individual Rules of Practice in Civil
Cases, I write with opposing counsel’s consent to respectfully request an adjournment of the
initial pretrial conference currently scheduled for May 17, 2022.
By Complaint dated February 8, 2022 (ECF No. 3), Plaintiffs seek an award of
attorneys’ fees and costs pursuant to the Individuals with Disabilities Education Act.
Subsequently, by Order dated April 8, 2022 (ECF No. 10), the Court scheduled an initial pretrial
conference in this matter, to be held on May 17, 2022 at 2:00 p.m.
In an effort to resolve their claims, Plaintiffs’ counsel has provided my Office
with timesheets detailing fees and costs associated with an underlying administrative proceeding
and with this federal action. I am now reviewing counsel’s timesheets, and the parties are
optimistic that we will be able to resolve Plaintiffs’ claims without the Court’s intervention.
Accordingly, to allow the parties time to obtain settlement authority and engage in
settlement discussions, Defendant respectfully requests a 45-day adjournment of the initial
pretrial conference, from May 17, 2022 to July 1, 2022 (or a date thereafter that is convenient for
the Court). The requested adjournment should allow this Office time to complete its review of

Case 1:22-cv-01077-MKV Document 12 Filed 05/06/22 Page 2 of 2

opposing counsel’s timesheets, request settlement authority from the Comptroller, and make an
offer of settlement. If a settlement is reached, the parties will immediately notify the Court.
This is Defendant’s first request to adjourn the initial pretrial conference, and this
request does not affect any other deadlines. In addition, I have conferred with Plaintiffs’ counsel,
Jacqueline DeVore, who consents to this request.
Thank you for your consideration of this matter.
Respectfully submitted,
/s/
Copatrick Thomas
Assistant Corporation Counsel
cc:

Attorneys of Record
(via ECF)

GRANTED. The initial pre-trial conference scheduled for May 17, 2022 at 2:00 PM is
ADJOURNED to July 5, 2022 at 10:30 AM. Absent exceptional circumstances, the Court
will not delay the initial pre-trial conference again. SO ORDERED.

5/6/2022

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