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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?