Frias et al v. Banks et al

Filing 16

ORDER granting 14 Letter Motion to Adjourn Conference. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/10/2024) (tg)

THE CITY OF NEW YORK
HON. SYLVIA O. HINDS-RADIX
Corporation Counsel

LAW DEPARTMENT
I 00 CHURCH STREET
NEW YORK, NY 10007

DANIEL R. PEREZ
Phone: [phone]
Fax: [phone]
[e-mail]
(not for service)

May 9, 2024

VIAECF
Honorable Paul A. Engelmayer
United States District Judge
Southern District of New York
40 Foley Square
New York, NY 10007
Re: Frias et al. v. Banks et al, l :24-cv-01767 (PAE) (VF)
Your Honor:
I am the Assistant Corporation Counsel in the Office of the Corporation Counsel of the
City of New York assigned to represent Defendants the New York City Department of Education
("DOE") and David C. Banks, in his official capacity as Chancellor of the DOE in the abovereferenced matter, in which Plaintiffs seek, inter alia, enforcement of a May 30, 2023
administrative order issued by Impartial Hearing Officer ("IHO") Jean Marie Brescia (the
"FOFD") pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq. I
write jointly with Plaintiffs pursuant to the Court's April 25, 2024 Order directing the parties to
submit a joint letter and proposed Civil Case Management Plan and Scheduling Order in advance
of the Initial Pretrial Conference currently scheduled for May 14, 2024 (ECF No. 11).
At present, the parties' have one outstanding dispute concerning the interpretation of the
IHO's award of funding for Plaintiff A.F.'s transportation "to and from" the International
Academy for the Brain ("iBrain"). 1 Plaintiffs contend tha.t the FOFD obligates the DOE to pay
the full amount set forth in Plaintiffs' contracts with Sisters Travel and Transportation Services
LLC ("Sisters") for the 2021/2022 and 2022/2023 school years. In contrast, Defendants assert that
the IHO conditioned the DOE's obligation to provide transportation funding on Plaintiffs'
provision of documentation substantiating Sisters' transportation of A.F. to and from iBrain.
1

ECF No. 1-1 at 17. The DOE has already remitted payment of the tuition funding associated with Plaintiff A.F. 's
unilateral placement at iBrain provided for in the FOFD.

The parties do not anticipate reaching consensus with respect to the proper interpretation
of the FOFD and jointly propose to proceed with motion practice to resolve this dispute.
Accordingly, the parties propose the briefing schedule below for the Court's consideration.
Plaintiffs' Motion for Summary Judgment: June 12, 2024;
Defendants' Opposition and Cross-Motion for Summary Judgment: June 26, 2024;
Plaintiffs' Reply and Opposition to Defendants' Cross-Motion: July 3, 2024; and
Defendants' Reply: July 10, 2024.

The parties also jointly propose to stay discovery and adjourn the Initial Pretrial Conference
currently scheduled for May 14, 2024 sine die pending the disposition of the parties' proposed
motions. The parties note that they currently disagree about the potential need for discovery in
this case, however, the parties agree that the disposition of the parties' proposed motions may
narrow or moot their present disagreements with respect to discovery. Moreover, the parties wish
to avoid a situation where a remand to the IHO renders previously completed discovery redundant
and/or necessitates revisions to the discovery process that would result in the duplication of the
parties' efforts.
Accordingly, the patties respectfully request that the Court approve the parties' proposed
briefing schedule, stay discovery and adjourn the May 14 Initial Pretrial Conference sine die
pending the resolution of the parties' proposed motions.
Respectfully submitted,

Isl Daniel R. Perez
Daniel R. Perez
Assistant Corporation Counsel
Granted.
SO ORDERED.

United States District Judge
May 10, 2024

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