A. K. v. New York City Department of Education

Background

The defendant’s counsel submitted a letter asking the court to require the plaintiff’s counsel to provide relevant billing records by January 31, 2022. The defendant also asked the court to continue staying the case and to require a joint status letter by May 2, 2022. According to the letter, the plaintiff seeks only attorneys’ fees, costs, and expenses for legal work connected to an administrative hearing under the Individuals with Disabilities Education Act and for the federal action. The defendant said the requested records were needed to evaluate settlement and prepare a response to the complaint.

The letter described earlier stays and orders in related fees-only actions involving billing records, as well as the defendant’s assertion that the plaintiff’s counsel had not provided records despite prior requests and an agreed production date. These descriptions were presented by the defendant; the January 26 order did not resolve their accuracy.

Court’s Action

The court stated that it took seriously the pattern of delayed conduct described by the defendant. Before deciding the appropriate next steps, however, the court ordered the plaintiff to submit a response addressing the issues raised in the defendant’s letter by January 31, 2022.

The clerk was directed to terminate the pending motion at docket entry 18. The order did not grant or deny the defendant’s requests for an order compelling billing records or for a further stay. It also did not decide the underlying request for attorneys’ fees.

Classification

This is a procedural order because the court required a response and terminated the pending motion without deciding the merits of the fee request or the defendant’s requested relief.