N.N. v. Rochester City Sch. Dist., Civil Action No. 19-cv-6526-DGL

505 F.Supp.3d 211

N.N., BY his parent, A.N.; T.G., by her parent, P.G.; A.H., by her parent, S.H.; T.W., by her parent H.M.; Y.R. by her parent, E.R.; on behalf of themselves and all persons similarly situated, Plaintiffs,

v.ROCHESTER CITY SCHOOL DISTRICT and the Board of Education of the Rochester City School District, Defendants.

Civil Action No. 19-cv-6526-DGL

United States District Court, W.D. New York.

Signed December 8, 2020

Carolyn G. Nussbaum, Nixon Peabody LLP, Jonathan Feldman, Maggie R. Robb, Empire Justice Center, Rochester, NY, for Plaintiffs.

Alison K. L. Moyer, Steven G. Carling, Karl W. Kristoff, Rochester City School District, Rochester, NY, for Defendants.

ORDER GRANTING MOTION FOR CERTIFICATION OF CLASSES, PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND APPROVAL OF NOTICE TO THE CLASSES

David G. Larimer, UNITED STATES DISTRICT JUDGE

This matter is before the Court on Plaintiffs’ Motion for Class Certification, Preliminary Approval of Class Action Settlement and Approval of Notice to the Classes of Settlement [Dkt. 29] (the "Motion"). The Motion is GRANTED , subject to the following provisions:

WHEREAS , a proposed Stipulation of Settlement (the "Settlement") has been reached between Plaintiffs’ counsel on behalf of defined proposed Settlement Classes of certain students with disabilities who were in the last two years, are now, or will be, subject to the jurisdiction of the Rochester City School District on Special Education and their parents, and Defendants, Rochester City School District and the Board of Education of the Rochester City School District.

WHEREAS , the Court, for the purposes of this Order, adopts all defined terms as set forth in the Settlement, which, with the Exhibits thereto, sets forth the terms and conditions for a proposed global settlement of the claims asserted in the above-captioned action (the "Action");

WHEREAS , this matter has come before the Court pursuant to Plaintiffs’ Motion, dated November 19, 2020 (Dkt. 29);

WHEREAS , Defendants do not oppose the Motion, and have consented to this [Proposed] Order;

WHEREAS , the Court finds that it has jurisdiction over the Action and each of the Parties for purposes of settlement and asserts jurisdiction over the Class Representatives for purposes of considering and effectuating this Settlement;

WHEREAS , the Court is familiar with and has reviewed the record, the Stipulation of Settlement, Plaintiffs’ Motion, the supporting Declarations, with exhibits, and Plaintiffs’ Memorandum of Law in Support of the Motion, and determined that good cause exists for granting the Motion and entering the following Order;

WHEREAS , this Court has considered all of the presentations and submissions related to the Motion and, being familiar with the facts, contentions, claims and defenses as they have developed in these proceedings, and is otherwise fully advised of all relevant facts in connection therewith.

IT IS HEREBY ORDERED AS FOLLOWS:

I. CERTIFICATION OF THE CLASSES

1. The Court finds that the requirements of Federal Rules of Civil Procedure 23(a) are satisfied for the proposed Classes. In support of this conclusion, the Court finds as follows:

a. The number of members of the Classes are too numerous for their joinder to be practicable.

b. There are questions of law and fact common to the Classes and Subclasses, including whether a violation of the IDEA has occurred.

c. The claims of the named Plaintiffs are typical of the claims of the members of Classes and Subclasses in that each of the claims arises from the same course of events and the class members raise similar legal challenges to the Defendants’ conduct based on alleged violations of IDEA. d. The named Plaintiffs will fairly and adequately represent the Classes and Subclasses and the interests of the named Plaintiffs are aligned with those of the other members of the Classes.

e. Class Counsel—the Empire Justice Center and Nixon Peabody LLP—have significant expertise in prosecuting class actions, have committed the necessary resources to represent the Classes, and are hereby appointed as Class Counsel.

2. The Court further finds that the requirements of Fed. R. Civ. P. 23 (b)(2) are satisfied for the proposed Classes in that Plaintiffs allege that Defendants have acted or refused to act on grounds that apply generally to the Classes, and that the failures alleged stem from central and systemic failures so that final declaratory and injunctive relief is appropriate respecting the Classes as a whole.

II. PRELIMINARY APPROVAL OF THE CLASS ACTION SETTLEMENT:

1. The Court finds that the proposed Settlement appears to be the product of intensive, thorough, serious, informed, and non-collusive extensive settlement negotiations among counsel; confers substantial befits upon the members of the Classes; avoids the costs, uncertainty, delays and other risks associated with continued litigation; and does not...