R.E. v. New York City Department of Education
- Vyskocil
- 1:23-cv-10116
- U.S. District Court · Southern District of New York
- 1
In R.E. v. New York City Department of Education, Judge Vyskocil discontinued the IDEA fee action after a settlement in principle, subject to restoration by May 5.
R.E., P.E., and the New York City Department of Education were affected by the discontinuance. The parties had until May 5, 2024, to seek restoration if they could not put their settlement in writing.
What happened
R.E., individually and for P.E., sued the New York City Department of Education in an action under the Individuals with Disabilities Education Act concerning attorneys’ fees. The Department told the court that the parties had reached a settlement in principle.
The court discontinued the action without costs to either party. The court allowed the action to be restored if the parties could not put their settlement in writing and an application was made by May 5, 2024.
Judge Vyskocil ordered that if no restoration application was made by that date, the dismissal would be with prejudice. The opinion does not state the settlement’s terms or amount.
The detailed version
- R.E. v. New York City Department of Education · No. 1:23-cv-10116
- Vyskocil
- Apr. 5, 2024
Background
R.E., individually and on behalf of P.E., brought an action under the Individuals with Disabilities Education Act (IDEA) against the New York City Department of Education. The action concerned attorneys’ fees. The Department filed a letter stating that the parties had reached a settlement in principle.
Court’s Action
The court ordered that the action be discontinued without costs to any party. It also ordered that the action could be restored to the court’s calendar if the parties were unable to memorialize their settlement in writing, provided that an application to restore the action was made by May 5, 2024.
The order states that if no such application was made by that date, the dismissal would be with prejudice. The opinion does not describe the settlement’s terms or amount.
Classification
This is a procedural order because the court discontinued the case based on the parties’ settlement in principle and did not decide the underlying attorneys’ fee dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.