C. v. New York City Department of Education
- Ronnie Abrams
- 1:20-cv-09584
- U.S. District Court · Southern District of New York
- 1
In C. v. New York City Department of Education, Judge Abrams discontinued the settled action without costs, allowing restoration within 30 days.
B.C., 1.D., and the New York City Department of Education; the action was discontinued after the parties reported reaching a settlement.
What happened
C. v. New York City Department of Education involved B.C., individually and on behalf of 1.D., a child with a disability, and the New York City Department of Education. The court was told that the parties had reached a settlement.
The court discontinued the action without costs to either party and without prejudice to restoring it if an application was made within 30 days. The order does not state the settlement’s terms.
Judge Ronnie Abrams also said that any request to reopen filed after 30 days could be denied solely because it was late. The court could retain authority to enforce the settlement only if its terms were made public and approved by the court within that period.
The detailed version
- C. v. New York City Department of Education · No. 1:20-cv-09584
- Ronnie Abrams
- Apr. 14, 2021
Background
B.C. sued the New York City Department of Education individually and on behalf of 1.D., identified in the caption as a child with a disability. The opinion states that the parties reached a settlement but does not describe the underlying claims or the settlement terms.
Ruling
Judge Ronnie Abrams ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s docket if an application to restore it was made within 30 days. The order states that an application to reopen filed after that deadline could be denied solely on that basis.
The court also stated that, if the parties wanted the court to retain authority to enforce the settlement agreement, the agreement’s terms had to be placed on the public record and approved by the court within the same 30-day period. The order cites a Second Circuit decision concerning retention of authority to enforce settlements.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.