J.L. v. New York City Department of Education
J.L., individually and on behalf of C.L. v. New York City Department of Education
- Jesse Furman
- 1:23-cv-02024
- U.S. District Court · Southern District of New York
- 2
In Law Office of Courtney L. Haas LLC v. New York City Department of Education, Judge Moses adjourned the conference and allowed amendment to replace the improper fee claimant.
The Law Office of Courtney L. Haas LLC, J.T., C.L., and the New York City Department of Education were affected. The court directed that J.T. replace the law office as the plaintiff pursuing the attorney’s-fee claim.
What happened
In Law Office of Courtney L. Haas LLC v. New York City Department of Education, the court noted that the plaintiff had apparently not yet served the New York City Department of Education. The court therefore postponed the initial case-management conference without setting a new date.
The case seeks attorney’s fees under the Individuals with Disabilities Education Act. The court explained that the parent, J.T.,—not the Law Office of Courtney L. Haas—was the person entitled to pursue those fees because J.T. had prevailed in administrative proceedings on behalf of her son, C.L.
The court granted permission to amend the complaint to substitute J.T. as the proper plaintiff and directed that the amendment be filed by May 4, 2023. Judge Moses issued the order.
The detailed version
- J.L. v. New York City Department of Education · No. 1:23-cv-02024
- Jesse Furman
- Apr. 27, 2023
Background
The Law Office of Courtney L. Haas LLC filed an action seeking attorney’s fees under the Individuals with Disabilities Education Act, a federal law concerning the education of children with disabilities. The complaint stated that J.T., the parent of C.L., had prevailed in earlier administrative proceedings against the New York City Department of Education.
An initial case-management conference had been scheduled for May 2, 2023. The court noted, however, that the Department of Education apparently had not yet been served with the required legal papers.
Court’s Analysis
The statute allows a court to award reasonable attorney’s fees to a prevailing parent of a child with a disability. The court concluded that J.T., rather than the Law Office of Courtney L. Haas, was the proper person to whom any fees could be awarded. The law office therefore lacked standing, meaning it could not pursue the fee claim in its own name. The court also noted that an assignment of fees to a lawyer does not change who has the right to pursue those fees.
Order
The court adjourned the initial case-management and scheduling conference without setting a new date. It granted the plaintiff leave to amend under Rule 15(a)(2) of the Federal Rules of Civil Procedure so that the proper plaintiff could be substituted, and directed the plaintiff to file the amendment no later than May 4, 2023. Judge Barbara Moses signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.