T.H. v. New York City Department of Education

99 F. Supp. 3d 394, 2015 U.S. Dist. LEXIS 4389, 2015 WL 220982
CourtDistrict Court, S.D. New York
DecidedJanuary 14, 2015
DocketNo. 13-CV-8777 (JLC)
StatusPublished
Cited by6 cases

This text of 99 F. Supp. 3d 394 (T.H. v. New York City Department of Education) 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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T.H. v. New York City Department of Education, 99 F. Supp. 3d 394, 2015 U.S. Dist. LEXIS 4389, 2015 WL 220982 (S.D.N.Y. 2015).

Opinion

MEMORANDUM ORDER

JAMES L. COTT, United States Magistrate Judge.

Plaintiffs T.H., K.P., K.J., C.J., Y.P., M.E., T.W., A.D., N.C.R., I.S., and R.M.T. commenced this action on December 11, 2013 on their own behalf and on behalf of their minor children J.H., W.P., J.R., J.M., N.R., D.E., A.A., S.D., C.R., Q.A., and R.T. (the “Infants”), respectively, for injunctive and declaratory relief and damages against the City of New York, its Department of Education and its Fire Department.1 Plaintiffs, who are the parents of 11 New York City public school children, alleged in their amended complaint that their children have been subjected to and damaged by an unlawful practice and policy of using Emergency Medical Services to remove children with disruptive behavior from schools when school personnel have no reasonable belief that the children are in need of emergency medical care. Defendants denied the allegations, and the parties vigorously litigated the case until .they decided to make efforts to resolve their dispute. To that end, beginning- on June 30, 2014, the Court held five settlement conferences with the parties, culminating with a settlement in principle on November 6, 2014. The parties then submitted a Stipulation and Order of Settlement (“Stipulation”) to the Court for approval on December 15, 2014, which the Court has since “so ordered.”2 See Stipulation (Dkt. No. 71). As part of their settlement, the parties agreed to resolve Plaintiffs’ claims for damages, subject to the Court’s approval of Plaintiffs’ infant compromise applications. Id., at 16.

Plaintiffs have now submitted 11 applications to the Court pursuant to Local Rule 83.2 for an order approving the settlement of each of the Infants’ damages claims in this action. Dkt. Nos. 79, 82, 85, 88, 91, 94, 97, 100, 103, 106, and 110. For the reasons set forth below, I find that the proposed settlements are fair, reasonable, and in the best interests of the Infants, and therefore grant the motions and approve the settlements.

A. Standards Applicable to an Infant Compromise

In determining whether an infant compromise should be approved, “the Court’s role is to ‘exercise the most jealous care that no injustice be done’ to the in[396]*396fant.” Southerland v. City of New York, No. CV-99-3329 (CPS), 2006 WL 2224432, at *2 (E.D.N.Y. Aug. 2, 2006) (quoting Anderson v. SAM Airlines, No. 94-CV-1935, 1997 WL 1179955 (E.D.N.Y. Apr. 25, 1997)). In this District, Local Rule 83.2(a)(1) requires that

[a]n action by or on behalf of an infant or incompetent shall not be settled or compromised ... without leave of the Court embodied in an order, judgment or decree. The proceeding upon an application to settle or compromise such an action shall conform, as nearly as may be, to the New York State statutes and rules, but the Court, for cause shown, may dispense with any New York State requirement.

As Magistrate Judge Pitman recently observed in a comprehensive discussion of the applicable standards in this context, “[c]onsistent with the applicable New York State statutes and rules, the analysis in this jurisdiction centers on ‘whether: (1) the best interests of the infant are protected by the terms and conditions of the proposed settlement; and (2) the proposed settlement, including any legal fees and expenses to be paid, as part of the proposal, are fair and reasonable.’ ” Orlander v. McKnight, No. 12-CV-4745 (HBP), 2013 WL 4400537, at *3 (Aug. 15, 2013) (quoting Martegani v. Cirrus Design Corp., 687 F.Supp.2d 373, 377 (S.D.N.Y.2010) (citing Local Civ. R. 83.2(a); N.Y. Jud. L. § 474; N.Y. C.P.L.R. §§ 1205-08)); see also Edionwe v. Hussain, 7 A.D.3d 751, 753, 777 N.Y.S.2d 520, 522 (2d Dep’t 2004) (required analysis is whether settlement is “fair and reasonable and in the infant plaintiffs best interests”). “There is no bright-line test for concluding that a particular settlement is fair.” Sch. for Language & Commc’n Dev. v. New York State Dep’t of Educ., No. 02-CV-0269 (JS)(JO), 2010 WL 1740416, at *2 (E.D.N.Y. Apr. 7, 2010) (Report & Recommendation), adopted at 2010 WL 1752183 (E.D.N.Y. Apr. 28, 2010) (citing Newman v. Stein, 464 F.2d 689, 692-93 (2d Cir.1972)). Moreover, the Second Circuit has noted that “Rule 83.2 is hardly a rigid obligation imposed on district courts.” Neilson v. Colgate-Palmolive Co., 199 F.3d 642, 655 (2d Cir.1999). Put another way, “[district courts have broad discretion when conducting an infant compromise hearing.” Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 89 (2d Cir.2010).

Despite this broad discretion, a court cannot approve a proposed infant compromise unless it is “fair, reasonable, and adequate,” based on a comparison of “the terms of the compromise with the likely rewards of litigation.” Neilson, 199 F.3d at 654 (quoting Maywalt v. Parker & Parsley Petroleum Co., 67 F.3d 1072, 1079 (2d Cir.1995)) (internal quotation marks omitted). In making this determination, the court should ‘“form an educated estimate of the complexity, expense, and likely duration of such litigation ... and all other factors relevant to a full and fair assessment of the wisdom of the proposed compromise.’ ” Martegani, 687 F.Supp.2d at 377 (alteration in original) (quoting Newman, 464 F.2d at 692). These other factors include: the stage of the proceedings and the amount of discovery completed; the risks of establishing liability; the risks of establishing damages; the ability of the defendants to withstand a greater judgment; the range of reasonableness of the settlement fund in light of the best possible recovery; and the range of reasonableness of the settlement fund to a possible recovery in light of all the attendant risks of litigation. Allstate Ins. Co. v. Williams, No. 04-CV-4575 (CLP), 2006 WL 2711538, at *2 (E.D.N.Y. Sept. 21, 2006) (quoting City of Detroit v. Grinnell Corp., 495 F.2d 448, 463 (2d Cir.1974), abrogated on other [397]*397grounds by Goldberger v. Integrated Res., Inc., 209 F.3d 43 (2d Cir.2000)).

A settlement is presumptively fair and reasonable if “ ‘(i) the settlement is not collusive but was reached after arm’s length negotiation; (ii) the proponents have counsel experienced in similar cases; [and] (iii) there has been sufficient discovery to enable counsel to act intelligently....’” Baez v. City of New York, No. 09-CV-2635 (RRM)(JO), 2010 WL 1992537, at *2 (E.D.N.Y. Apr. 21, 2010) (Report & Recommendation) (alterations in original), adopted at 2010 WL 1991521 (E.D.N.Y. May 17, 2010) (quoting Ross v. A.H. Robins Co., 700 F.Supp. 682, 683 (S.D.N.Y.1988)).

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99 F. Supp. 3d 394, 2015 U.S. Dist. LEXIS 4389, 2015 WL 220982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/th-v-new-york-city-department-of-education-nysd-2015.