K.S. et al v. New York City Department of Education et al

Filing 35

ORDER granting 34 Letter Motion to Adjourn Conference. Application GRANTED. The settlement conference scheduled for May 15, 2024 is adjourned sine die. If this action has not resolved by July 8, 2024, the parties shall file a joint letter on that date regarding the status of settlement negotiations. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/8/2024) (mml)

5/8/2024
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

THE CITY OF NEW YORK

LAW DEPARTMENT

Lauren Howland
Special Assistant Corporation Counsel
Office: [phone]

100 CHURCH STREET
NEW YORK, NY 10007

May 8, 2024
VIA ECF
Hon. Stewart D. Aaron
Daniel Patrick Moynihan
United States Courthouse
500 Pearl Street
New York, New York 10007
Re:

Application GRANTED. The settlement conference scheduled for
May 15, 2024 is adjourned sine die. If this action has not resolved
by July 8, 2024, the parties shall file a joint letter on that date
regarding the status of settlement negotiations. SO ORDERED.
Dated: May 8, 2024

K.S., et al. v. N.Y.C. Dep’t of Educ., 23-cv-4035 (DEH)(SDA)

Dear Judge Aaron:
I am a Special Assistant Corporation Counsel in the Office of Corporation Counsel, Hon.
Sylvia O. Hinds-Radix, attorney for City of New York, New York City Department of Education
(“DOE”), New York City Board of Education, and DOE Chancellor David Banks, collectively,
(“Defendants”), in the above-referenced action, wherein two Plaintiffs seek, inter alia, compliance with
two resolution agreements (“Resolution Agreements”) pursuant to the Individuals with Disabilities
Education Act, 20 U.S.C. § 1400, et seq. (“IDEA”) administrative hearings.1
The parties write jointly pursuant to the Court’s Order on February 28, 2024 (ECF No. 32),
to respectfully request that the Court adjourn the settlement conference scheduled for May 15, sine
die, along with the pre-settlement submissions currently due today. The reason for this request is that
a settlement conference would be premature at this time. The parties are working cooperatively to
resolve the remaining implementation issue concerning one of the underlying resolution agreements,
as Defendants are currently awaiting provision of proof of payment from Plaintiff K.S. r. Defendants
issued payments to resolve the other issues. Once implementation is complete, the parties will turn
to the resolution of attorneys’ fees and costs. Toward that end, Plaintiffs will provide Defendants
with the requisite attorney billing records shortly, so that Defendants can begin the City’s internal
review process. As such, a settlement conference with Your Honor is premature.
Accordingly, the parties respectfully request that the settlement conference scheduled for
May 15 be adjourned sine die. Alternatively, the parties respectfully request that the settlement
conference be adjourned for at least 60 days to permit sufficient time for Defendants to obtain
settlement authority to participate in the settlement conference.
Thank you for considering this request.

cc:
1

Plaintiffs also seek attorneys’ fees and costs pursuant to the IDEA.

All counsel of record (via ECF)

Respectfully submitted,
/s/
Lauren Howland
Special Assistant Corporation Counsel