Bird v. Banks

S.D. New York

Bird v. Banks

DecidedDecember 16, 2022

Docket1:22-cv-08049

StatusUnknown

This text of Bird v. Banks (Bird v. Banks) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bird v. Banks, (S.D.N.Y. 2022).

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Net hte, He Ce OR re bee PP rk ae ETRE teyfiws os, rPoOAWY wee AST ke

Hi tl a Mh et bel (yea) IS SP ee? THE City OF NEw York HON. SYLVIA 0, HINDS-RADIX LAW DEPARTMENT Marilyn Richter Counsel 100 CHURCH STREET mrichter@law.nye.gov NEW YORK, NY 10007 212-356-2083

December 16, 2022 | oe ‘Mee SE 4G □□□ Hon. John G. Koeltl United States District Judge evel “f le (ae oO ee er 104 Southern District of New York ‘ Oh —_ Daniel Patrick Moynihan Courthouse AER brane ie eee . 500 Pearl St. Dowy Fler plceublel Qtitrouf New York, NY 10007 (hae oervtet, Ot! / a Queens pred? ectecke he Re: Bird et al. v. Bhhiks of al 22-cv-8049(1 GK) vy, wfesu OBE ORS Your Honar: SS ae! Lene, oll I am an Assistant Corporation Counsel in the office of the Corporation Counsel aésigned vf D to represent Defendants David C Banks and the New York City Department of Education in the above referenced matter. am submitting this letter on behalf of all parties. On December 1, / □□ GY 2022 Your Honor issued an order directing the parties to file a Rule 26(f) report by December 16, 2022. However, the parties are in agreement that no discovery will be necessary in this matter. It is also respectfully submitted that, because the inquiry here is not whether there are disputed issues of fact, the Rule 56.1 statements should be waived. While in IDEA actions “the parties and the court typically style the decision as a ruling on a motion for summary judgement, {] ‘the procedure is in substance an appeal from an administrative determination, not a summary judgement motion.’” Bd. Of Educ. v..C.S., 990 F.3d 156,165 (2d Cir. 2021)(quoting M.H. v, NYC. Dep’t of Educ., 685 F.3d 217,226 (2d Cir. 2012). Because the Parties’ motions will be based solely on the administrative record, the parties jointly, and respectfully, request that the Court waive the submission of 56.1 statements. Sincerely yours, /s/ Marilyn Richter Marilyn Richter Assistant Corporation Counsel

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Net hte, He Ce OR re bee PP rk ae ETRE teyfiws os, rPoOAWY wee AST ke

Hi tl a Mh et bel (yea) IS SP ee? THE City OF NEw York HON. SYLVIA 0, HINDS-RADIX LAW DEPARTMENT Marilyn Richter Counsel 100 CHURCH STREET mrichter@law.nye.gov NEW YORK, NY 10007 212-356-2083

December 16, 2022 | oe ‘Mee SE 4G □□□ Hon. John G. Koeltl United States District Judge evel “f le (ae oO ee er 104 Southern District of New York ‘ Oh —_ Daniel Patrick Moynihan Courthouse AER brane ie eee . 500 Pearl St. Dowy Fler plceublel Qtitrouf New York, NY 10007 (hae oervtet, Ot! / a Queens pred? ectecke he Re: Bird et al. v. Bhhiks of al 22-cv-8049(1 GK) vy, wfesu OBE ORS Your Honar: SS ae! Lene, oll I am an Assistant Corporation Counsel in the office of the Corporation Counsel aésigned vf D to represent Defendants David C Banks and the New York City Department of Education in the above referenced matter. am submitting this letter on behalf of all parties. On December 1, / □□ GY 2022 Your Honor issued an order directing the parties to file a Rule 26(f) report by December 16, 2022. However, the parties are in agreement that no discovery will be necessary in this matter. It is also respectfully submitted that, because the inquiry here is not whether there are disputed issues of fact, the Rule 56.1 statements should be waived. While in IDEA actions “the parties and the court typically style the decision as a ruling on a motion for summary judgement, {] ‘the procedure is in substance an appeal from an administrative determination, not a summary judgement motion.’” Bd. Of Educ. v..C.S., 990 F.3d 156,165 (2d Cir. 2021)(quoting M.H. v, NYC. Dep’t of Educ., 685 F.3d 217,226 (2d Cir. 2012). Because the Parties’ motions will be based solely on the administrative record, the parties jointly, and respectfully, request that the Court waive the submission of 56.1 statements. Sincerely yours, /s/ Marilyn Richter Marilyn Richter Assistant Corporation Counsel

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