H.B. et al v. New York City Department of Education
Filing
13
ORDER granting in part and denying in part 12 Letter Motion to Stay re: 12 LETTER MOTION to Stay addressed to Judge Valerie E. Caproni from Irina Roller dated November 14, 2022. Application GRANTED in part. Defendant's an swer deadline is STAYED. The parties are to provide a joint status update on settlement by no later than February 15, 2023. If the parties have not reached settlement by that time, they must thereafter provide monthly updates to the Court on the 15th of every month or the next business day if the 15th falls on a weekend or holiday. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/18/2022) (tg)
MEMO ENDORSED
Law Offices of Irina Roller, PLLC
40 Wall Street
Telephone (212) 688-1100
Suite 2508
Facsimile (212) 706-9362
New York, New York 10005
Email: Hearings@RollerEsq.com
_________________________________________________________________________
November 14, 2022
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 11/18/2022
VIA ECF
Hon. Valerie E. Caproni
Thurgood Marshall
United States Courthouse
40 Foley Square
New York, NY 10007
Re:
H.B., et. al. v. New York City Dept. of Education
22-cv-6228 (VEC)(SN)
Dear Judge Caproni:
Please be advised that this firm represents the Plaintiffs in the above action, wherein
brought this action seeking attorneys’ fees, costs and expenses pursuant to the fee shifting
provision of the Individual with Disabilities Education Act, 20 U.S.C. §1400, et. seq. wherein
Plaintiffs were successful in the underlying trial.
Plaintiffs respectfully submits this letter to request a 90-day stay of this action until
February 16, 2023. Plaintiffs have agreed to provide Defendant with a settlement demand
including billing up to date records in the federal matter by November 16, 2022. I apologize to
the Court for the delay (due to a personal emergency of which I have made Defendant’s counsel
aware of.) On August 16, 2022, the Court granted Defendant’s first request for an extension and
stay on consent from Plaintiffs (Dkt. no. 10). It is my understanding that upon receipt of the
settlement demand, Defendant will begin its internal settlement review process and thereafter
present Plaintiffs with an offer of settlement.
I am optimistic that this case can be resolved without burdening the Court any further if
this request for a 90-day stay is granted. I respectfully propose that, if a stay is granted, the
parties be required to submit a joint status letter regarding settlement negotiations on or before
February 16, 2023.
Thank you in advance for the Court’s consideration.
Respectfully submitted,
s/
Irina Roller
Attorney for the Plaintiff
cc:
Marina Moraru, Special Assistant Corporation Counsel
City of New York Law Department (via ECF)
Application GRANTED in part. Defendant's answer deadline is STAYED. The parties are to provide a
joint status update on settlement by no later than February 15, 2023. If the parties have not reached
settlement by that time, they must thereafter provide monthly updates to the Court on the 15th of every
month or the next business day if the 15th falls on a weekend or holiday.
SO ORDERED.
Date: 11/18/2022
HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE
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