S. v. New York City Department of Education
- Ona Wang
- 1:21-cv-10963
- U.S. District Court · Southern District of New York
- 4
In S. v. New York City Department of Education, Judge Wang granted a request to pause the fee case until a related Second Circuit appeal is decided.
The plaintiff seeking attorneys’ fees and the New York City Department of Education, whose fee dispute is stayed pending the Second Circuit’s decision.
What happened
S. v. New York City Department of Education concerns a request for attorneys’ fees, costs, and expenses arising from work in an administrative hearing under the Individuals with Disabilities Education Act and in the federal case. The defendant asked to pause the case while the Second Circuit considered related appeals involving similar fee issues, and the plaintiff consented.
The court granted the application. It canceled the March 28, 2023 pre-settlement conference by postponing it indefinitely and stayed the case while the Second Circuit decides the related appeal in case number 21-cv-1582.
Judge Wang ordered the parties to file a joint status letter within two weeks after the Second Circuit issues its decision. The order did not decide the amount of attorneys’ fees.
The detailed version
- S. v. New York City Department of Education · No. 1:21-cv-10963
- Ona Wang
- Mar. 24, 2023
Background
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 work in this federal action. The defendant stated that liability was not disputed but asked the court to pause the case because the Second Circuit was considering related appeals involving similar questions about fee awards, including attorneys’ hourly rates and the effect of written settlement offers under the Act. The plaintiff consented to the requested pause.
Court’s action
The court granted the application. It adjourned the pre-settlement conference scheduled for March 28, 2023 “sine die,” meaning that the conference was postponed indefinitely. The court also stayed the case pending the Second Circuit’s decision in case number 21-cv-1582.
Next step and effect
The parties must file a joint status letter within two weeks after the Second Circuit decides case number 21-cv-1582. The order pauses the fee proceeding; it does not decide the amount of fees or other issues in the fee application.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.