D.S. v. New York City Department of Education
- Gregory Woods
- 1:22-cv-10641
- U.S. District Court · Southern District of New York
- 2
In D.S. v. New York City Department of Education, Judge Woods granted D.S.’s summary-judgment motion in part, awarding $31,917.68 in fees and costs.
D.S. and the New York City Department of Education; the order awards D.S. attorneys’ fees and costs and imposes a $31,917.68 judgment against the Department.
What happened
D.S. brought this case against the New York City Department of Education concerning attorneys’ fees and costs under the Individuals with Disabilities Education Act. A magistrate judge recommended awarding fees and costs for work by the Cuddy Law Firm in two administrative proceedings and this case.
The requested amount was $66,856.43, plus interest. The recommendation instead awarded $31,917.68: $31,324.00 in attorneys’ fees and $593.68 in costs, with post-judgment interest but no pre-judgment interest. Neither party objected to the recommendation.
Judge Woods reviewed the recommendation for clear error, found none, and adopted it in full. He granted D.S.’s motion for summary judgment in part, directed entry of judgment for $31,917.68, provided for post-judgment interest, and directed the Clerk of Court to close the case.
The detailed version
- D.S. v. New York City Department of Education · No. 1:22-cv-10641
- Gregory Woods
- May 14, 2024
Background
D.S., individually and on behalf of K.S., a child with a disability, sought attorneys’ fees and costs under the fee-shifting provisions of the Individuals with Disabilities Education Act. The fees concerned work performed by the Cuddy Law Firm in two administrative proceedings and in this federal case.
On April 29, 2024, Magistrate Judge Robyn F. Tarnofsky issued a Report and Recommendation recommending that D.S.’s motion for summary judgment be granted in part. The recommendation found that D.S. was entitled to recover fees and costs, but not the full requested amount of $66,856.43, plus pre- and post-judgment interest.
Review of the Recommendation
The district court explained that it could accept, reject, or modify the magistrate judge’s recommendations. Because no party submitted an objection within the fourteen-day period, the court reviewed the recommendation for clear error. The court found no clear error and accepted and adopted the recommendation in its entirety.
Ruling
The court granted D.S.’s motion for summary judgment in part. It entered judgment against the New York City Department of Education for:
- $11,733.60 in attorneys’ fees for the first administrative proceeding; - $8,724.80 in attorneys’ fees for the second administrative proceeding; - $10,865.60 in attorneys’ fees for this federal action; and - $593.68 in costs.
The total judgment was $31,917.68. The court awarded no pre-judgment interest. Post-judgment interest will accrue on any unpaid amount at the rate established by 28 U.S.C. § 1961(a). The Clerk of Court was directed to enter judgment and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.