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S.D.N.Y.Procedural orderFiled Oct. 19, 2020

K.B-S v. New York City Department of Education

Judge
Ronnie Abrams
Docket
1:20-cv-03772
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureFee Petition
In one sentence

In K.B-S v. New York City Department of Education, Judge Abrams discontinued the settled action without costs and without prejudice to timely restoration.

Who this affects

K.B-S, individually and on behalf of her minor child A.S., and the New York City Department of Education.

What happened

In K.B-S v. New York City Department of Education, the parties told the court that they had reached a settlement in principle about costs and attorneys’ fees.

The court discontinued the action without costs to either party and without prejudice to restoring it within 30 days. The clerk was directed to close the case.

Judge Ronnie Abrams also said any request to reopen filed after 30 days could be denied on that basis, and that any request for the court to enforce the settlement required the agreement’s terms to be made public and approved by the court within 30 days.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
K.B-S v. New York City Department of Education · No. 1:20-cv-03772
Judge
Ronnie Abrams
Date
Oct. 19, 2020

Background

K.B-S sued the New York City Department of Education individually and on behalf of her minor child, A.S. The opinion states that, according to a joint letter, the parties had reached a settlement in principle regarding costs and attorneys’ fees.

Ruling

The court ordered that the action be discontinued without costs to any party and without prejudice to restoring it to the court’s docket if an application to restore was made within 30 days. The court stated that any application to reopen filed after that deadline could be denied solely because it was late. The clerk was directed to close the case.

The court also stated that, if the parties wanted it to retain jurisdiction to enforce the settlement, the settlement’s terms had to be placed on the public record and approved by the court within the same 30-day period. Judge Ronnie Abrams signed the order.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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