D.K. et al v. New York City Public Schools

Filing 18

ORDER granting 17 Letter Motion to Stay. Application GRANTED. Based on the parties' representations, the case is hereby STAYED until January 6, 2025, on or before which date the parties shall file a joint status letter advising the Court on settlement negotiations. The Clerk of Court is directed to terminate the pending motion at docket number 17. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/25/2024) (sgz)

THE CITY OF NEW YORK

MURIEL GOODE-TRUFANT
Acting Corporation Counsel

LAW DEPARTMENT

Marina Moraru
Special Assistant Corporation Counsel
Office: 212) 356-2456

100 CHURCH STREET
NEW YORK, NY 10007

September 24, 2024

VIA ECF
Hon. Katherine Polk Failla
Thurgood Marshall United States Courthouse
40 Foley Square
New York, NY 10007

MEMO ENDORSED

Re: D.K. et al. v. New York City Public Schools, 24-cv-4977 (KPF)(SDA)
Dear Judge Failla:
I am a Special Assistant Corporation Counsel in the office of Acting Corporation Counsel,
Muriel Goode-Trufant, attorney for Defendant in the above-referenced action, wherein Plaintiffs
seek solely attorneys’ fees, costs and expenses for legal work on administrative hearings under the
Individuals with Disabilities Education Act, 20 U.S.C. §1400, et seq. (“IDEA”), as well as for this
action.
I write to respectfully request a 90-day stay of this action until January 6, 2025. Plaintiffs
consent to this request. Defendant is still awaiting the needed billing records and retainer
agreement/s. Plaintiffs now agree to provide these records by October 7, 2024. (Defendant’s
deadline to respond to the Complaint is currently November 18, 2024). On August 5, 2024, the
Court granted Defendant’s first request for an extension. (ECF 12). We note that, while this is
an IDEA fees-only case and liability appears not at issue, without the relevant billing, Defendant
cannot begin its internal settlement review process, which includes review of the underlying
administrative record together with the relevant billing records, and thereafter present a reasonable
early offer of settlement. We have resolved recent similar IDEA fees-only cases brought by
plaintiffs represented by the Roller firm without the need to burden the court with any sort of
motion practice, conferences or even the need to file an Answer. The parties are hopeful this
matter will be resolved as well.
I also respectfully propose that, if a stay is granted, the parties be required to submit a
joint status letter regarding settlement negotiations on or before January 6, 2025.
Thank you for considering these requests.

cc: Irina Roller (via ECF)

Respectfully submitted,
/s/ Marina Moraru
Marina Moraru, Esq.
Special Assistant Corporation Counsel

Application GRANTED. Based on the parties' representations, the
case is hereby STAYED until January 6, 2025, on or before which
date the parties shall file a joint status letter advising the
Court on settlement negotiations.
The Clerk of Court is directed to terminate the pending motion at
docket number 17.
Dated:

September 25, 2024
New York, New York

SO ORDERED.

HON. KATHERINE POLK FAILLA
UNITED STATES DISTRICT JUDGE