J.T. v. DE BLASIO

No. 20 Civ. 5878 (CM).

500 F.Supp.3d 137 (2020)

J.T., Individually and on Behalf of D.T.; K.M., Individually and on Behalf of M.M. and S.M.; J.J., Individually and on Behalf of Z.J.; C.N., Individually and on Behalf of V.N.; and, All Others Similarly Situated, Plaintiffs, v. Bill DE BLASIO, in his official capacity as the Mayor of New York City; Richard Carranza, in his official capacity as the Chancellor of New York City Department of Education; the New York City Department of Education; the School Districts in the United States; and, State Departments of Education in the United States, Defendants.

United States District Court, S.D. New York.

Signed November 13, 2020.


Attorney(s) appearing for the Case

Peter Glenn Albert , Brain Injury Rights Group, Ltd., New York, NY, for Plaintiffs.

Mark Galen Toews , Janice Louise Birnbaum , New York City Law Depart. Office of the Corporation Counsel, New York, NY, for Defendants Bill de Blasio, Richard Carranza, The New York City Department of Education.

Adam I. Kleinberg , Chelsea Ella Weisbord , Mark Anthony Radi , Sokoloff Stern LLP, Carle Place, NY, Fredric Paul Gallin , Methfessel & Werbel, PC, Dennis Michael Rothman , Lester, Schwab, Katz and Dwyer LLP, Mohammad Shihabi , Ford Harrison LLP, New York, NY, Jacqueline Wilson , James Garrison Evans , Louisiana Department of Justice, Baton Rouge, LA, Jill M. O'Toole , Shipman & Goodwin, LLP, Johanna Gordon Zelman , Elizabeth Mott Smith , Ford Harrison, LLP, Daniel Joseph Raccuia , Day Pitney LLP, Hartford, CT, Bryan L. LeClerc , Berchem, Moses & Devlin, P.C., Milford, CT, Caroline Beth Lineen , Lewis R. Silverman , Silverman and Associates, White Plains, NY, Curtis Alan Johnson , Bond, Schoeneck & King, PLLC, Rochester, NY, Kyle Kaiser , Attorney General, Salt Lake City, UT, for Defendant School Districts in the United States.

Darren P. Cunningham , Matthew I. Levine , Office of the Attorney General, Hartford, CT, Alissa Schecter Wright , Clement John Colucci, III , New York, State Office of the Attorney General, New York, NY, Harry J. Philips, Jr. , Taylor Porter, Baton Rouge, LA, Kyle Kaiser , Attorney General, Salt Lake City, UT, for Defendant State Departments of Education in the United States.

Amy Dawn Demmler , Jonathan Brush , Rogers Morris & Grover LLP, Houston, TX, for Defendant Austin Independent School District.

Sherry H. Culves , Nelson Mullins Riley & Scarborough LLP, Atlanta, GA, for Defendants Atlanta Independent School System, Fulton County School District.

Martha J. Casserly , Minnesota Attorney General's Office, St. Paul, MN, for Defendant Minnesota State Department of Education.

Eric A. Mentzer , Attorney General's Office, R. July Simpson , Attorney General of Washington, Olympia, WA, for Defendants State of Washington, Washington State School for the Blind, Washington State School for the Deaf.

Beth L. Kaufman , Jeremy Miguel Weintraub , Schoeman Updike & Kaufman & Gerber LLP, New York, NY, for Defendant South Carolina Department of Education.

Adam S. Mocciolo , Pullman & Comley, LLC, Bridgeport, CT, for Defendant Connecticut Regional School District No. 10 (Harwinton & Burlington).

Corinne Elisabeth Atton , Matthew Eaton Draper , Draper & Draper LLC, New York, NY, Randall C. Farmer , Gregory, Doyle, Calhoun & Rogers, LLC, Marietta, GA, for Defendants Clayton County Public Schools, Cobb County School District, DeKalb County School District, Marietta City Schools.

Christopher Andrew Long , Litchfield Cavo LLP, New York, NY, for Defendants City of Bristol School District, Pentucket Regional High School, Town of Branford School District, Town of Clinton and Clinton Board of Education, Pomfret CT School District, Town of Plainville and Plainville Board of Education, Seymour Board of Education, Town of Watertown and Watertown Board of Education, Town of Windham and Windham Board of Education, Town of Groton and Groton Board of Education, Town of Wallingford and Wallingford Board of Education, Town of Plymouth and Plymouth Board of Education, Martha's Vineyard High School.

Alexander Thomas Korn , Office of Attorney General, Harrisburg, PA, for Defendant Pennsylvania Department of Education.

I Randall L. Winet , Winet Patrick Gayer Creighton & Hanes, Vista, CA, for Defendants Alpine Union School District, Bonsall Union School District, Borrego Springs Unified School District, Cardiff Elementary School District, Carlsbad Unified School District, Chula Vista Elementary School District, Coronado Unified School District, Dehesa School District, Del Mar Union School District, Encinitas Union School District, Escondido Union Elementary School District, Escondido Union High School District, Fallbrook Union Elementary School District, fallbrook union high school district, Grossmont Union High School District, Jamul-Dulzura Union School District, Julian Union School District, Julian Union High School District, La Mesa-Spring Valley School District, Lakeside Joint School District, Lemon Grove School District, McCabe Union School District, Mountain Empire Unified School District, Ramona Unified School District, Rancho Santa Fe Elementary School District, San Diego County Office of Education, San Dieguito Union High School District, San Marcos Unified School District, San Pasqual Union Elementary School District, San Pasqual Valley Unified School District, Santee School District, Solana Beach Elementary School District, Spencer Valley Elementary School District, Sweetwater Union High School District, Vallecitos Elementary School District, Valley Center-Pauma Unified School District, Warner Unified School District.

Eric Labes Harrison , Methfessel & Werbel, Edison, NJ, for Defendants Cherry Hill Public Schools, Middletown Township Public Schools, West Orange Public Schools, Readington Township Public Schools, Certain School Districts Located in the State of Virginia, Certain School Districts Located in the State of California.

Ryan Patrick Driscoll , Berchem Moses PC, Milford, CT, for Defendants Town of Stratford Board of Education, City of Norwalk Board of Education, City of Stamford Board of Education, City of Bridgeport Board of Education.

Nicholas Miller , Jeremiah Charles Hollembeak , Jill Robb Ackerman , Baird Holm LLP, Omaha, NE, for Defendant Omaha Public School District.


OPINION & ORDER

This case purports to be a class action brought by the parents and/or natural guardians ("Parents") of students who are classified under federal law as disabled or having an educational disability ("Students") (collectively, "Plaintiffs").

The four plaintiff parents named in the caption of the...

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