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U.S. District CourtSouthern District of New York (Foley Square)

CIVIL DOCKET FOR CASE #: 1:96-cv-08414-KMW

Gulino, et al v. Board of Education, et alAssigned to: Judge Kimba M. WoodDemand: $0Case in other court: US Court of Appeals, Second Circuit, 09-

04292-cv03-09062

Cause: 42:2000e-2e Job Discrimination (Unlawful EmploymentPractices)

Date Filed: 11/08/1996Jury Demand: NoneNature of Suit: 442 Civil Rights: JobsJurisdiction: Federal Question

Special MasterJohn S. Siffert

PlaintiffElsa Gulino represented by Anjana Samant

Center for Constitutional Rights 666 Broadway, 7th Floor New York, NY 10012 (212) 614-6445 Fax: (212) 614-6499 Email: [email protected] TERMINATED: 04/04/2012 LEAD ATTORNEY

Barbara J. Olshansky Stanford Law School Center for Internet &Society 559 Nathan Abbot Way Stanford, CA 94305 (650)-736-2312 Fax: (650)-723-4426 Email: [email protected] LEAD ATTORNEY

Joshua Samuel Sohn Watson, Farley & Williams, LLP (NY) 250 West 55th Street New York, NY 10019 212-922-2200 Fax: 212-922-1512 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anthony David Gill DLA Piper US LLP (NJ) 300 Campus Drive



300 Campus Drive Suite100 Florham Park, NJ 07932 (212) 799-4000 Fax: (202) 799-5000 Email: [email protected]

ATTORNEY TO BE NOTICED

PlaintiffMayling Ralph represented by Anjana Samant

(See above for address) TERMINATED: 04/04/2012 LEAD ATTORNEY

Barbara J. Olshansky (See above for address) LEAD ATTORNEY

Joshua Samuel Sohn (See above for address) LEAD ATTORNEY

Anthony David Gill (See above for address) ATTORNEY TO BE NOTICED

PlaintiffPeter Wilds represented by Anjana Samant

(See above for address) TERMINATED: 04/04/2012 LEAD ATTORNEY

Barbara J. Olshansky (See above for address) LEAD ATTORNEY

Joshua Samuel Sohn (See above for address) LEAD ATTORNEY

Anthony David Gill (See above for address) ATTORNEY TO BE NOTICED

PlaintiffNia Greene on behalf of themselves and all otherssimilarly situated TERMINATED: 09/11/2002

represented by Anjana Samant (See above for address) TERMINATED: 04/04/2012 LEAD ATTORNEY

Barbara J. Olshansky (See above for address) TERMINATED: 09/11/2002 LEAD ATTORNEY



Joshua Samuel Sohn (See above for address)

LEAD ATTORNEY

Anthony David Gill (See above for address)


V.MovantNew York State Board of Regents represented by Bruce Burton McHale

Office of New York State Attorney General 120 Broadway New York, NY 10271 (212)-953-0087 Fax: (212) 416-6075 Email: [email protected] ATTORNEY TO BE NOTICED

Charles Ethan Enloe Friedman Kaplan Seiler & Adelman LLP(NYC) 7 Times Square, 28th Floor New York, NY 10036 (212) 833-1100 Fax: (212) 833-1250 Email: [email protected] TERMINATED: 01/24/2012

MovantRichard Mills New York State Commissioner of Education

represented by Bruce Burton McHale (See above for address) ATTORNEY TO BE NOTICED

Charles Ethan Enloe (See above for address) TERMINATED: 01/24/2012

MovantNew York State Education Department represented by Antoinette W Blanchette

New York State Office of the AttorneyGeneral (24th Floor) 120 Broadway, 24th Floor New York, NY 10271 (212) 416-8619 Fax: (212) 416-6075 Email:[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED



Bruce Burton McHale (See above for address)


Charles Ethan Enloe (See above for address)

TERMINATED: 01/24/2012

V.DefendantBoard of Education of the New York CitySchool District of the City of New York

represented by Bryan David Glass Glass Krakower, LLP 20 Broadway Ste. 1 Valhalla, NY 10595 (914) 836-1386 Fax: (845) 510-2219 Email: [email protected] LEAD ATTORNEY

William Solomon Jacob Fraenkel NYC Law Department, Office of theCorporation Counsel (NYC) 100 Church Street New York, NY 10007 212-788-0303 Fax: 212-788-0940 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Benjamin Eldridge Stockman Corporation Counsel Office City of NewYork 100 Church Street New York, NY 10007 (212)-788-1177 Fax: (212)-788-9776 Email: [email protected] ATTORNEY TO BE NOTICED

Benjamin Welikson The New York City Law Department 100 Church Street New York, NY 10007 (212)-788-0787 Fax: (212)-788-0877 Email: [email protected] ATTORNEY TO BE NOTICED

Eamonn F. Foley New York City Transit Authority



130 Livingston Street, Brooklyn, NY 11201 718-694-3905 Fax: 718-694-1070 Email: [email protected]

TERMINATED: 07/26/2016

Grace Diane Kim New York City Law Department 100 Church Street New York, NY 10007 (212) 788-8685 Fax: (212) 788-7788 Email: [email protected]


John Stephen Schowengerdt New York City Law Department 100 Church Street Rm 3-154 New York, NY 10007 (212)-788-0759 Fax: (212)-788-0940 Email: [email protected]


Mark Andrew Osmond New York City Law Department 100 Church Street New York, NY 10007 (212)-356-2457 Email: [email protected]


Ryan Todd Mangum The New York City Law Department Office of The Corporation Counsel 100 Church Street New York, NY 10007 (212) 356-2465 Email: [email protected]


DefendantNew York State Education Department TERMINATED: 09/11/2002

represented by Bruce Burton McHale Office of New York State Attorney General 120 Broadway New York, NY 10271 (212) 416-6363 Fax: (212) 416-6075 Email: [email protected] LEAD ATTORNEY

Frederic L. Lieberman Eliot Spitzer



Attorney General of the State of NY 120 Broadway New York, NY 10271 (212) 416-8372 Email: [email protected]

TERMINATED: 09/11/2002 LEAD ATTORNEY

Jane A. Conrad Attorney General of the State of New York 120 Broadway New York, NY 10271-0332 (212) 416-8610 LEAD ATTORNEY

V.RespondentNew York State Education Department represented by Steven Leon Banks

New York State Office of the AttorneyGeneral (24th Floor) 120 Broadway, 24th Floor New York, NY 10271 (212) 416-8610 Fax: (212) 416-6075 Email: [email protected] ATTORNEY TO BE NOTICED

ObjectorNCS Pearson, Inc.

Cross ClaimantBoard of Education of the New York CitySchool District of the City of New York

represented by Bryan David Glass (See above for address) LEAD ATTORNEY

John Stephen Schowengerdt (See above for address) ATTORNEY TO BE NOTICED

V.Cross DefendantNew York State Education Department TERMINATED: 09/11/2002

represented by Bruce Burton McHale (See above for address) LEAD ATTORNEY

Jane A. Conrad (See above for address) LEAD ATTORNEY



Date Filed # Docket Text

11/08/1996 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILINGFEE $ 120.00 RECEIPT # 274604 (ricm) (Entered: 11/12/1996)

11/08/1996 2 Rule 9 certificate filed by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene (ricm)(Entered: 11/12/1996)

11/08/1996 Magistrate Judge Katz is so Designated. (ricm) (Entered: 11/12/1996)

11/12/1996 3 Affidavit of service as to NYS Education Dept. by personal service upon a person ofsuitable age and discretion at the address provided by deft. for that purpose: Ron Ledonni,Office of the Secy., NYC Bd. of Ed., 110 Livingston St., Rm 206, Brooklyn, NY 11201on 11/12/96 Answer due on 12/2/96 for NYS Education Dept. (ls) (Entered: 11/19/1996)

11/15/1996 3 Affidavit of service as to NYS Education Dept. by cert. mail to: Kathy Ahearn DeputyCommissioner for Legal Affairs, NY State Education Dept., 89 Washington ave., Albany,NY 12234 on 11/12/96 Answer due on 12/2/96 for NYS Education Dept. (ls) (Entered:11/19/1996)

11/15/1996 3 Affidavit of service as to NYS Education Dept. by Ms Sylvia More, Recept. at the Officeof Dennis Vacco, Attny. Gen., 120 Bdwy., NY, NY 10271 on 11/12/96 Answer due on12/2/96 for NYS Education Dept. (ls) (Entered: 11/19/1996)

12/02/1996 4 Filed Memo_Endorsement on letter from Brigitte Duffy dated 11/27/96, reset answer duefor 1/6/97 for NYS Education Dept., for Board of Education...SO ORDERED... ( signedby Judge Deborah A. Batts ) (ls) (Entered: 12/03/1996)

12/11/1996 5 STIPULATION, reset answer due for 1/17/97 for NYS Education Dept. ( signed by JudgeDeborah A. Batts ). (kw) (Entered: 12/11/1996)

01/02/1997 6 Filed Memo_Endorsement on letter from Brigitte Duffy dated 12/23/96, reset answer duefor 1/17/97 for NYS Education Dept., for Board Education....SO ORDERED... ( signedby Judge Deborah A. Batts ) (ls) (Entered: 01/03/1997)

03/05/1997 7 STIPULATION, Plaintiffs will serve their opposition to the motions to dismiss on orbefore 3/17/97 , Defendants will serve and file their reply papers on or before 3/31/97. (signed by Judge Deborah A. Batts ). (kw) (Entered: 03/06/1997)

03/20/1997 8 Filed Memo_Endorsement on letter dated 3/10/97, for leave to file opposition briefexceeding the page limit .....So Ordered...( signed by Judge Deborah A. Batts ) (pl)(Entered: 03/20/1997)

03/31/1997 11 Affidavit of service of Plaintiffs' Memorandum of Law in Opposition to Defendants'Motions to Dismiss the Complaint as to Board of Education, NYS Education Dept. bymail on 3/17/97 (ae) (Entered: 04/02/1997)

03/31/1997 12 NOTICE OF MOTION by NYS Education Dept. pursuant to Rule 12(b)(6) of the FRCP,dismissing the complaint on the grounds thatthe amended complaint fails to state a claimupon which relief can be granted. , Return date 3/17/97 (ae) (Entered: 04/03/1997)

03/31/1997 13 MEMORANDUM OF LAW by NYS Education Dept. in support of [12-1] motionpursuant to Rule 12(b)(6) of the FRCP, dismissing complaint on the grounds thattheamended complaint fails to state a claim upon which relief can be granted. (ae) (Entered:04/03/1997)

03/31/1997 14 REPLY MEMORANDUM OF LAW by NYS Education Dept. in further support of re:[12-1] motion pursuant to Rule 12(b)(6) of the FRCP, dismissing the complaint on thegrounds thatthe amended complaint fails to state a claim upon which relief can begranted. (ae) (Entered: 04/03/1997)



03/31/1997 15 MEMORANDUM OF LAW by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene inopposition to [12-1] motion pursuant to Rule 12(b)(6) of the FRCP, dismissing thecomplaint on the grounds thatthe amended complaint fails to state a claim upon whichrelief can be granted. (ae) (Entered: 04/03/1997)

04/01/1997 9 Filed Memo_Endorsement on letter by Brigitte Duffy to Judge Batts dated 3/27/97,Granted. Extending time for municipal defendants to reply plaintiff's opposition papers to4/4/97 to motion to dismiss the complaint. ( signed by Judge Deborah A. Batts ) (ae)(Entered: 04/02/1997)

04/01/1997 10 Filed Memo_Endorsement on letter from Martin Bienstock dated 03/28/97, .. requestsleave to file a 15-page reply brief, 5 pages above the limit specified in the Court's Rules.GRANTED. SO ORDERED. (signed by Judge Deborah A. Batts) (djc) (Entered:04/02/1997)

04/04/1997 16 NOTICE OF MOTION by Board of Education pursuant to Rule 12(b)(6) of the FRCP,dismissing the complaint on the ground that it fails to state a claim upon which relief maybe granted. , Return date 3/17/97 (ae) Modified on 04/07/1997 (Entered: 04/07/1997)

04/04/1997 17 MEMORANDUM OF LAW by Board of Education in support of [16-1] motion pursuantto Rule 12(b)(6) of the FRCP, dismissing complaint on the ground that it fails to state aclaim upon which relief may be granted. (ae) (Entered: 04/07/1997)

04/04/1997 18 REPLY MEMORANDUM OF LAW by Board of Education in support of re: [16-1]motion pursuant to Rule 12(b)(6) of the FRCP, dismissing the complaint on the groundthat it fails to state a claim upon which relief may be granted. (ae) (Entered: 04/07/1997)

03/31/2000 19 STIPULATION and PROTECTIVE ORDER; regarding procedures that will govern thehandling of "Confidential Materials" . ( signed by Judge Deborah A. Batts ) (sn) (Entered:04/05/2000)

04/12/2000 20 Notice of reassignment to Judge Constance B. Motley. Copy of notice and judge's rulesmailed to Attorney(s) of record: Barbara J. Olshansky. (em) (Entered: 04/19/2000)

05/08/2000 21 ORDER; set pre-trial conference for 2:00 p.m. on 5/31/00 in Courtroom 26-A in theUnited States Courthouse at 500 Pearl Street. The parties should be prepared to argue anyoutstanding motions ; (signed by Judge Constance B. Motley ); Copies mailed. (djc)(Entered: 05/09/2000)

06/15/2000 23 ORDER; all discovery cutoff 11/30/00; each party's pre-trial memorandum and a jointpretrial order to be submitted on or before 3/30/01; the next pretrial conference will beheld in Room 26A on 4/16/01 @10:00 a.m. at which time all motions will be heard; thetrial will commence on 4/30/01 @ 10:00 a.m., proceeding which there will be a final pre-trial conference in Room 26A. (the lawyer who will try the case must attend); ClassCertification motion by 12/8/00 response to motion deadline 12/21/00; reply to responseto motion deadline 1/5/01; the parties are to meet on or before 7/31/00 and exchange alldocuments, of any description, relevant to this case. Sanctions will be imposed for failureto produce any relevant documents; no interrogatories are to be served, except thoseseeking the location or identity of prospective witnesses or deponents; thereafter, on9/18/00, the parties are to meet and prepare a schedule of all depositions to be takenduring the period 10/02/00 to 10/31/00. A copy of the schedule shall be sent to the court;the motions to dismiss filed by both the City and State Defendants are denied, withoutprejudice to renew after all discovery has been completed and a pre-trial memo from eachparty and a joint pre-trial order has been filed; no motion for summary judgment will beentertained until all discovery has been completed and a pre-trial memo from each partyand a joint pretrial order has been filed; sanctions will be imposed on the state for failureto appear at this pre-trial conference; there will be no extensions of time granted as to this



schedule; sanctions will be imposed for failure to abide by this schedule; all parties areinstructed to thoroughly familiarized themselves with this Court's "Memorandum to allAttorneys." copies are available in Chambers . ( signed by Judge Constance B. Motley );Copies mailed. (pl) Modified on 06/22/2000 (Entered: 06/20/2000)

06/16/2000 22 ORDER; for the reasons stated herein, the Court hereby revokes the sanctions imposedagainst the State of New York in the Order of 5/31/00 . ( signed by Judge Constance B.Motley ); Copies mailed. (sn) (Entered: 06/20/2000)

07/10/2000 24 Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of5/31/00. (lf) (Entered: 07/10/2000)

09/20/2000 25 ANSWER to Complaint and CROSSCLAIM by Board of Education (Attorney Bryan D.Glass from the Corporation Counsel of the City of New York) against NYS EducationDept. (kw) (Entered: 09/22/2000)

11/02/2000 26 ORDER, parties in this action are directed to appear for a pre-trial conference on 11/15/00at 11:00 a.m. in Courtroom 26A in the U.S. Courthouse at 500 Pearl St, to discuss issuesregarding the enforcement of pltff's subpoena against National Evaluation Systems, Inc. (signed by Judge Constance B. Motley ); Copies mailed. (sac) (Entered: 11/03/2000)

11/08/2000 27 NOTICE OF MOTION by non-party National Evaluation Systems, Inc.; for an orderpursuant to Rules 26 & 45 of the F.R.C.P. to modify supoena ; and for entery of aprotective Order ; w/ attch memorandum in support; Return date: not indicated; (pl)Modified on 10/09/2001 (Entered: 11/09/2000)

11/16/2000 28 ORDER, all discovery shall be concluded by all parties no later than 6/30/01; each party'spre-trial memorandum and a joint pre-trial order must be submitted by 9/28/01; the nextpre-trial conference shall be held on 10/25/01 at 10:00 a.m.; the trial will commence on11/5/01 at 10:00 a.m., preceding which there will be a final pre-trial conference. (Thelawyers who will try the case must attend.) The parties are to meet by 12/15/00 andexchange all documents, of any description, relevant to this case. Sanctions will beimposed for failure to produce any relevant document. Thereafter, on 5/15/01, the partiesare to meet and prepare a schedule of all depositions to be taken during the period 6/1/01to 6/22/01. A copy of the schedule shall be sent to the court. All depositions ofdefendants, already set, may proceed as scheduled. No interrogatories are to be served,except those seeking the location or identity of prospective witnesses or deponents. Therewill be no extensions of time granted as to this schedule. Sanctions will be imposed forfailure to abide by this schedule. National Education Systems (NES), non-party, isdirected to produce by 11/30/00 for inspection and copying by plaintiffs' counsel alldocuments which disclose the tests given to teachers in NYC and all data which are usedin creating the tests, as set forth by NES counsel on the record on this date. Plaintiffs'counsel may show this material and share this material with their experts only. Nomaterials may be shown to plaintiffs, except for good cause approved by this court. Classcertification motion must be filed by 2/15/01 and will be heard on 4/16/01 at 11:00 a.m. (signed by Judge Constance B. Motley ); Copies mailed. (kw) (Entered: 11/20/2000)

12/28/2000 29 Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of11/15/00. (db) (Entered: 12/28/2000)

01/04/2001 30 ORDER, reset 4/16/01 pre-trial conference for 11:00 4/17/01 ( signed by Judge ConstanceB. Motley ); Copies mailed. (cd) (Entered: 01/05/2001)

01/17/2001 31 ANSWER to Complaint by NYS Education Dept. (Attorney Frederic L. Lieberman fromthe Firm: Attorney General of the State of New York). (kw) (Entered: 01/18/2001)

01/17/2001 32 ANSWER by NYS Education Dept. to [25-2] cross claim. (kw) (Entered: 01/18/2001)



02/26/2001 33 NOTICE OF MOTION by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene for anorder, purs. to Rule 23(a) and (b)(2) of the F.R.C.P., certifying this action as a class actionon behalf of the Class of: All African-American and Latino NYC public school teachersemployed by defts on or after 6/29/95, who have failed to achieve a qualifying score oneither the NTE or the LAST, and have suffered adverse employment consequences .Return date 4/17/01. (Rec'd in night deposit box 2/26/01 5:12 PM) (sn) (Entered:02/28/2001)

02/26/2001 34 MEMORANDUM OF LAW by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene insupport of [33-1] motion for an order, purs. to Rule 23(a) and (b)(2) of the F.R.C.P.,certifying this action as a class action on behalf of the Class of: All African-American andLatino NYC public school teachers employed by defts on or after 6/29/95, who havefailed to achieve a qualifying score on either the NTE or the LAST, and have sufferedadverse employment consequences. (Rec'd in night deposit box 2/26/01 5:12 PM) (sn)(Entered: 02/28/2001)

03/27/2001 35 NOTICE of attorney appearance for Elsa Gulino, Mayling Ralph, Peter Wilds, NiaGreene by Joshua Samuel Sohn. (djc) (Entered: 03/28/2001)

03/30/2001 36 MEMORANDUM OF LAW by NYS Education Dept. in opposition to [33-1] motion foran order, purs. to Rule 23(a) and (b)(2) of the F.R.C.P., certifying this action as a classaction on behalf of the Class of: All African-American and Latino NYC public schoolteachers employed by defts on or after 6/29/95, who have failed to achieve a qualifyingscore on either the NTE or the LAST, and have suffered adverse employmentconsequences. (kkc) (Entered: 04/03/2001)

03/30/2001 37 AFFIDAVIT of Frederic L. Lieberman by NYS Education Dept. in opposition to [33-1]motion for an order, purs. to Rule 23(a) and (b)(2) of the F.R.C.P., certifying this action asa class action on behalf of the Class of: All African-American and Latino NYC publicschool teachers employed by defts on or after 6/29/95, who have failed to achieve aqualifying score on either the NTE or the LAST, and have suffered adverse employmentconsequences. (kkc) (Entered: 04/03/2001)

03/30/2001 38 MEMORANDUM OF LAW by Board of Education in opposition to [33-1] motion for anorder, purs. to Rule 23(a) and (b)(2) of the F.R.C.P., certifying this action as a class actionon behalf of the Class of: All African-American and Latino NYC public school teachersemployed by defts on or after 6/29/95, who have failed to achieve a qualifying score oneither the NTE or the LAST, and have suffered adverse employment consequences. (kkc)(Entered: 04/03/2001)

03/30/2001 39 DECLARATION of Bryan D. Glass by Board of Education in opposition Re: [33-1]motion for an order, purs. to Rule 23(a) and (b)(2) of the F.R.C.P., certifying this action asa class action on behalf of the Class of: All African-American and Latino NYC publicschool teachers employed by defts on or after 6/29/95, who have failed to achieve aqualifying score on either the NTE or the LAST, and have suffered adverse employmentconsequences. (kkc) (Entered: 04/03/2001)

04/09/2001 40 REPLY MEMORANDUM by Elsa Gulino, Mayling Ralph, Peter Wilds, and Nia Greenein support of re: [33-1] motion for an order, purs. to Rule 23(a) and (b)(2) of the F.R.C.P.,certifying this action as a class action on behalf of the Class of: All African-American andLatino NYC public school teachers employed by defts on or after 6/29/95, who havefailed to achieve a qualifying score on either the NTE or the LAST, and have sufferedadverse employment consequences. (kw) (Entered: 04/11/2001)

04/12/2001 41 ORDER, reset pre-trial conference for 11:00 5/10/01 . ( signed by Judge Constance B.Motley ); Copies mailed. (ae) (Entered: 04/12/2001)



05/11/2001 42 PRE-TRIAL SCHEDULING ORDER: All discovery cutoff 10/30/01; Pre-trialmemorandum and a Joint Pretrial order to be submitted on or before 12/31/01; Nextpretrial conference set for 11:00 1/28/02; Trial will commence on 4/8/02 @11:00ampreceding which there will be a final pre-trial conference in Room 26A; The parties ar tomeet by 5/30/01 and exchange all documents relevant to this case; Sanctions will beimposed for failure to produce any relevant document; Thereafter, on 7/31/01, the partiesare to meet and prepare a schedule of all depositions to be taken during the period 10/1/01to 11/15/01 ( signed by Judge Constance B. Motley ); Copies mailed. (lam) (Entered:05/15/2001)

07/17/2001 43 MEMORANDUM OPINION #85835; granting [33-1] motion for an order, purs. to Rule23(a) and (b)(2) of the F.R.C.P., certifying this action as a class action on behalf of theClass of: All African-American and Latino NYC public school teachers employed bydefts on or after 6/29/95, who have failed to achieve a qualifying score on either the NTEor the LAST, and have suffered adverse employment consequences . ( signed by JudgeConstance B. Motley ); Copies mailed. (djc) (Entered: 07/18/2001)

08/01/2001 44 NOTICE OF MOTION by NYS Education Dept. for an order pursuant to Local CivilRule 6.3, FRCP, granting reconsideration of plaintiffs' [33-1] motion for class certification, and upon such reconsideration denying plaintiffs' motion [33-1] motion in whole or inpart, or, in the alternative, pursuant to FRCP 23(c), decertifying the class described in thein the Court's 7/13/01 Opinion, and granting such other and further relief as may be justand proper . That pursuant to Local Civil Rule 6.1(b) of the U.S. District Court for theSouthern District of New York, Plaintiffs' answering papers must be served upon theundersigned within ten (10) business days after service of this motion . Return date8/30/01. (tp) (Entered: 08/03/2001)

08/01/2001 45 MEMORANDUM OF LAW by NYS Education Dept. in support of [44-1] motion for anorder pursuant to Local Civil Rule 6.3, FRCP, granting reconsideration of plaintiffs' [33-1] motion for class certification, [44-2] motion upon such reconsideration denyingplaintiffs' motion [33-1] motion in whole or in part, or, in the alternative, pursuant toFRCP 23(c), decertifying the class described in the in the Court's 7/13/01 Opinion, andgranting such other and further relief as may be just and proper, [44-3] motion. Thatpursuant to Local Civil Rule 6.1(b) of the U.S. District Court for the Southern District ofNew York, Plaintiffs' answering papers must be served upon the undersigned within ten(10) business days after service of this motion. (tp) (Entered: 08/03/2001)

08/06/2001 46 ORDER, for the reasons set forth in the Opinion dated 7/13/01, plntfs' motion for classcertification is granted ( signed by Judge Constance B. Motley ); Copies mailed. (cd)(Entered: 08/06/2001)

08/31/2001 47 MEMORANDUM OF LAW by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene inopposition to [44-1] motion for an order pursuant to Local Civil Rule 6.3, FRCP, grantingreconsideration of plaintiffs' [33-1] motion for class certification, [44-2] motion uponsuch reconsideration denying plaintiffs' motion [33-1] motion in whole or in part, or, inthe alternative, pursuant to FRCP 23(c), decertifying the class described in the in theCourt's 7/13/01 Opinion, and granting such other and further relief as may be just andproper, [44-3] motion That pursuant to Local Civil Rule 6.1(b) of the U.S. District Courtfor the Southern District of New York, Plaintiffs' answering papers must be served uponthe undersigned within ten (10) business days after service of this motion . (pl) (Entered:09/04/2001)

09/07/2001 48 ORDER, set pre-trial conference for 2:00 p.m. on 10/3/01 ; by 9/19/01, defendants shallfile a letter brief not to exceed two pages responding to plaintiffs' 7/26/01 letter to theCourt . ( signed by Judge Constance B. Motley ); Copies mailed. (kw) (Entered:09/10/2001)



09/27/2001 49 Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of5/10/01. (yv) (Entered: 09/27/2001)

10/04/2001 50 PRETRIAL SCHEDULE AND ORDER: Each party's Pre-trial memorandum JointPretrial order to be submitted on or before 5/30/02; Pretrial conference set for 10:006/6/02; The trial will commence on 6/10/02 at 10:00; the state defts will have until11/5/01 to produce all relevant documents not yet produce to plntfs. The City defts willhave until 12/3/01 to produce all disks and other documents previoulsy requested byplntfs ( signed by Judge Constance B. Motley ); Copies mailed. (cd) (Entered:10/05/2001)

10/18/2001 51 REPLY MEMORANDUM by NYS Education Dept. re: [44-1] motion for an orderpursuant to Local Civil Rule 6.3, FRCP, granting reconsideration of plaintiffs' [33-1]motion for class certification, [44-2] motion upon such reconsideration denying plaintiffs'motion [33-1] motion in whole or in part, or, in the alternative, pursuant to FRCP 23(c),decertifying the class described in the in the Court's 7/13/01 Opinion, and granting suchother and further relief as may be just and proper, [44-3] motion That pursuant to LocalCivil Rule 6.1(b) of the U.S. District Court for the Southern District of New York,Plaintiffs' answering papers must be served upon the undersigned within ten (10) businessdays after service of this motion. (jco) (Entered: 10/19/2001)

10/18/2001 52 AFFIDAVIT of Frederic L. Lieberman by NYS Education Dept. in support of [44-1]motion for an order pursuant to Local Civil Rule 6.3, FRCP, granting reconsideration ofplaintiffs' [33-1] motion for class certification, [44-2] motion upon such reconsiderationdenying plaintiffs' motion [33-1] motion in whole or in part, or, in the alternative,pursuant to FRCP 23(c), decertifying the class described in the in the Court's 7/13/01Opinion, and granting such other and further relief as may be just and proper, and [44-3]motion That pursuant to Local Civil Rule 6.1(b) of the U.S. District Court for theSouthern District of New York, Plaintiffs' answering papers must be served upon theundersigned within ten (10) business days after service of this motion. (kw) (Entered:10/23/2001)

11/20/2001 53 NOTICE OF MOTION by NYS Education Dept. for Bruce B. McHale to appear pro hacvice for deft NYS Education Dept ; Return date not indicated (cd) (Entered: 11/26/2001)

11/27/2001 54 ORDER granting [53-1] motion for Bruce B. McHale to appear pro hac vice for deft NYSEducation Dept . ( signed by Judge Constance B. Motley ); Copies mailed; (forwardedorig. doc. to the Attorney Admissions Clerk) (cd) (Entered: 11/28/2001)

11/28/2001 55 NOTICE OF MOTION by NYS Education Dept. for an order for the admission pro hacvice of Jane A. Conrad, purs. to Local Civil Rule 1.3(c), to appear as co-counsel for deftNew York State Education Department . No return date indicated. Declarations of Jane A.Conrad, and of Frederic L. Lieberman, and proposed order are attached. (Rec'd in nightdeposit box 11/28/01 4:57 PM) (sn) (Entered: 12/04/2001)

12/04/2001 56 Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of10/3/01. (moc) (Entered: 12/04/2001)

12/06/2001 57 ORDER; granting [55-1] motion for an order for the admission pro hac vice of Jane A.Conrad, purs. to Local Civil Rule 1.3(c), to appear as co-counsel for deft New York StateEducation Department. (signed by Judge Constance B. Motley ); Copies mailed. (docmtforwarded to atty admissions clerk) (djc) (Entered: 12/06/2001)

01/18/2002 58 STIPULATION and ORDER OF CONFIDENTIALITY, regarding procedures that willgovern the handling of "Confidential Documents" . ( signed by Judge Constance B.Motley ) (kg) (Entered: 01/24/2002)

03/25/2002 59 ORDER, all fact and expert witnessees shall be identified by 4/15/02; all fact discovery



shall be completed by 5/15/02 expert reports shall be exchanged by 6/3/02; expert rebuttalreports shall be exchanged by 6/24/02; expert depositions shall be completed by 7/22/02;cross-motions for summary judgment shall be fled and served by 8/2/02. Memoranda oflaw shall not exceed 40 pages; opposition to cross-motions for summary judgment shallbe filed and served by 8/23/02; replies to oppositions to motions for summary judgmentshall be filed and served by 9/6/02. Memoranda of law shall not exceed 20 pages; thecourt will hear oral argument on the parties' cross-motions for summary judgment by9/25/02 at 11:00 a.m. in Courtroom 26-A of the U.S. Courthouse at 500 Pearl St.; pre-trialmemoranda and a proposed joint pre-trial order shall be filed by 11/8/02; trial shallcommence on 11/18/02 at 10:00 a.m., proceeding which there will be a final pretrialconference in Courtroom 26A. The parties are hereby advised that 11/18/02 is a firm trialdate. No further extensions of time whatsoever will be granted with respect to any aspectof this schedule. Sanctions will be imposed for any failure to comply with this schedule. (signed by Judge Constance B. Motley ); Copies mailed. (sac) Modified on 03/28/2002(Entered: 03/28/2002)

03/27/2002 61 SUPPLEMENTAL AFFIDAVIT of Frederic L. Lieberman by NYS Education Dept. infurther support of [44-1] motion for an order pursuant to Local Civil Rule 6.3, FRCP,granting reconsideration of plaintiffs' [33-1] motion for class certification, [44-2] motionupon such reconsideration denying plaintiffs' motion [33-1] motion in whole or in part, or,in the alternative, pursuant to FRCP 23(c), decertifying the class described in the in theCourt's 7/13/01 Opinion, and granting such other and further relief as may be just andproper, [44-3] motion That pursuant to Local Civil Rule 6.1(b) of the U.S. District Courtfor the Southern District of New York, Plaintiffs' answering papers must be served uponthe undersigned within ten (10) business days after service of this motion. (kkc) (Entered:04/02/2002)

04/01/2002 60 ORDER; denying [44-1] motion for an order pursuant to Local Civil Rule 6.3, FRCP,granting reconsideration of plaintiffs' [33-1] motion for class certification; The Court willrevisit th class certification isue at the close of discovery in the context of the parties'cross-motions for summary judgment. SED may renew its objections to class certificationat that time, but not before ; ( signed by Judge Constance B. Motley ); Copies mailed.(djc) (Entered: 04/02/2002)

04/17/2002 62 NOTICE of change of firm name by Elsa Gulino, Mayling Ralph, Peter Wilds, NiaGreene . (yv) (Entered: 04/22/2002)

05/06/2002 63 ORDER; that non-party National Evaluation Systems, Inc. is hereby ordered to produceto plaintiffs, on or before 5/15/02, pursuant to the subpoena served upon it on 5/1/02,copies of all statements and testimony given by any of the enumerated NES Officials inthe Alabama or Georgia Litigation, to the extent that such statements or testimony arewithin NES's possession, custody, or control ; under no circumstances, however, willplaintiffs be allowed to redepose any NES official. The court has repeatedly made clearthat it will not extend the strict 5/15/02 fact discovery cutoff for any reasons whatsoever .( signed by Judge Constance B. Motley ); Copies mailed. (pl) (Entered: 05/07/2002)

06/13/2002 64 ORDER, regarding issues concerning defendant SED's letter challenging the adequacy ofplaintiffs' answers to its requests for addmissions. Pursuant to FRCP 36(a), the Courthereby excercises its discretion to defer final resolution of this dispute until this case istried; all parties are warned that the Court will not hesitate to issue post-trial sanctionspursuant to Rule 37(c)(2) as set forth in this Order ; Any party may, on or before 7/1/02,serve amended answers to an opposing party's requests for admissions as further set forth. ( signed by Judge Constance B. Motley ); Copies mailed. (tp) Modified on 06/17/2002(Entered: 06/14/2002)

08/05/2002 65 AFFIDAVIT of Kristen L. Gerentine Re: attached with Exhibit I-II attached. (sac)



(Entered: 08/08/2002)

08/05/2002 66 NOTICE OF MOTION by Board of Education for an Order pursuant to Rule 56 of theFRCP granting summary judgment in favor of defendant . Return Date 9/25/02.Declaration of Donald C. Sullivan in support of motion and local rule 56.1 statementattached. (yv) (Entered: 08/09/2002)

08/05/2002 67 MEMORANDUM OF LAW by Board of Education in support of [66-1] motion for anOrder pursuant to Rule 56 of the FRCP granting summary judgment in favor of defendant. (yv) (Entered: 08/09/2002)

08/05/2002 87 NOTICE OF MOTION by NYS Education Dept. in limine to Fed. R. Evid. 104 adn 702to exclude expert testimony, reports and opinions by plaintiffs' statistical expert . ReturnDate 9/25/02 at 11:00. (db) (Entered: 09/10/2002)

08/05/2002 88 DECLARATION of Jeanne W. Clayton by NYS Education Dept. in support Re: [87-1]motion in limine to Fed. R. Evid. 104 adn 702 to exclude expert testimony, reports andopinions by plaintiffs' statistical expert . (db) (Entered: 09/10/2002)

08/05/2002 89 DECLARATION of Carolyn Emrick Massad by NYS Education Dept. pursuant to 28U.S.C. 1746. (db) (Entered: 09/10/2002)

08/05/2002 90 MEMORANDUM OF LAW by NYS Education Dept. in support of [87-1] motion inlimine to Fed. R. Evid. 104 adn 702 to exclude expert testimony, reports and opinions byplaintiffs' statistical expert. (db) (Entered: 09/10/2002)

08/05/2002 91 NOTICE OF MOTION by NYS Education Dept. for an order purs. to Rule56 of theFRCP granting summary judgment in favor of defendant NYS Education Dept. . ReturnDate 9/25/02 at 11:00. (db) (Entered: 09/10/2002)

08/05/2002 92 MEMORANDUM OF LAW by NYS Education Dept. in support of [91-1] motion for anorder purs. to Rule56 of the FRCP granting summary judgment in favor of defendantNYS Education Dept. . (db) (Entered: 09/10/2002)

08/05/2002 93 DECLARATION of Bruce B. McHale by NYS Education Dept. in support Re: [87-1]motion in limine to Fed. R. Evid. 104 adn 702 to exclude expert testimony, reports andopinions by plaintiffs' statistical expert . (db) (Entered: 09/10/2002)

08/05/2002 94 DECLARATION of Edith L. Hunsberger by NYS Education Dept. in support Re: [91-1]motion for an order purs. to Rule56 of the FRCP granting summary judgment in favor ofdefendant NYS Education Dept. . (db) (Entered: 09/10/2002)

08/05/2002 95 DECLARATION of Charles C. Mackey, Jr. by NYS Education Dept. in support Re: [91-1] motion for an order purs. to Rule56 of the FRCP granting summary judgment in favorof defendant NYS Education Dept. (db) (Entered: 09/10/2002)

08/05/2002 96 DECLARATION of Carl T. Hayden by NYS Education Dept. in support Re: [91-1]motion for an order purs. to Rule56 of the FRCP granting summary judgment in favor ofdefendant NYS Education Dept. . (db) (Entered: 09/10/2002)

08/05/2002 97 RULE 56.1 STATEMENT filed by NYS Education Dept. (db) (Entered: 09/10/2002)

08/05/2002 98 DECLARATION of Jane Faggen by NYS Education Dept. Re: [91-1] motion for an orderpurs. to Rule56 of the FRCP granting summary judgment in favor of defendant NYSEducation Dept. .(db) Modified on 09/10/2002 (Entered: 09/10/2002)

08/05/2002 99 DECLARATION of Frederic L. Lieberman by NYS Education Dept. in support Re: [91-1] motion for an order purs. to Rule56 of the FRCP granting summary judgment in favorof defendant NYS Education Dept. (db) (Entered: 09/10/2002)



08/12/2002 68 NOTICE OF MOTION by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene for anorder pursuant to Rule 1.3(c) of the FRCP permitting Joel Hellman to appear pro hac vice. Return Date 9/25/02 at 11:00. (db) (Entered: 08/14/2002)

08/12/2002 69 DECLARATION of Barbara J. Olshansky by Elsa Gulino, Mayling Ralph, Peter Wilds,Nia Greene in support Re: [68-1] motion for an order pursuant to Rule 1.3(c) of the FRCPpermitting Joel Hellman to appear pro hac vice . (db) (Entered: 08/14/2002)

08/12/2002 70 DECLARATION of Joel M. Hellman by Elsa Gulino, Mayling Ralph, Peter Wilds, NiaGreene in support Re: [68-1] motion for an order pursuant to Rule 1.3(c) of the FRCPpermitting Joel Hellman to appear pro hac vice . (db) (Entered: 08/14/2002)

08/12/2002 71 AFFIDAVIT OF SERVICE of motion to permit pro hac vice attorney & declarations insupport of motion as to Board of Education, NYS Education Dept. by first class on8/9/02. (db) (Entered: 08/14/2002)

08/19/2002 72 MEMORANDUM OF LAW by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene inopposition to motion in limine of New York State Education Department to excludetestimony, reports and opinions by plaintiffs' statistical expert. (yv) (Entered: 08/21/2002)

08/19/2002 73 DECLARATION of Barbara J. Olshansky by Elsa Gulino, Mayling Ralph, Peter Wilds,Nia Greene in support Re: [72-1] opposition memorandum . (yv) (Entered: 08/21/2002)

08/19/2002 74 AFFIDAVIT OF SERVICE of plaintiffs' memorandum of law in opposition to defendantNew York State Education Department's motion in limine to exclude testimony, reportsand opinions by plaintiffs' statistical expert and plaintiffs' supporting declaration ofBarbara J. Olshansky as to Board of Education, NYS Education Dept. by First Class on8/19/02 . . (yv) (Entered: 08/21/2002)

08/26/2002 75 SEALED DOCUMENT placed in vault. (wv) (Entered: 08/26/2002)

08/26/2002 76 RULE 56.1 STATEMENT of the material facts as to which exists a genuine issue to betried in opposition to plaintiffs' motion for summary judgment, filed by NYS EducationDept. (gf) (Entered: 08/29/2002)

08/26/2002 77 RULE 56.1 STATEMENT of the material facts as to which there exists a genuine issue tobe tried in partial opposition to the board of education's motion for summary judgment,filed by NYS Education Dept. (gf) (Entered: 08/29/2002)

08/26/2002 78 MEMORANDUM OF LAW by NYS Education Dept. in partial opposition to [66-1]motion for an Order pursuant to Rule 56 of the FRCP granting summary judgment infavor of defendant . (gf) (Entered: 08/29/2002)

08/26/2002 79 DECLARATION of Joan G. Haworth pursuant to 28U.S.C. 1746,by NYS EducationDept. (gf) (Entered: 08/29/2002)

08/26/2002 80 DECLARATION of Thomas E. Hogan by NYS Education Dept. (gf) (Entered:08/29/2002)

08/26/2002 81 MEMORANDUM OF LAW by NYS Education Dept. in opposition to plaintiffs motionfor summary judgment.. (gf) (Entered: 08/29/2002)

08/26/2002 82 MEMORANDUM OF LAW by Board of Education in opposition to [66-1] motion for anOrder pursuant to Rule 56 of the FRCP granting summary judgment in favor of defendant. (yv) (Entered: 08/29/2002)

08/26/2002 83 COUNTER STATEMENT TO RULE 56.1 filed by Board of Education (yv) (Entered:08/29/2002)

08/30/2002 86 REPLY MEMORANDUM by NYS Education Dept. in support of its motion in limine to



exclude testimony, reports and opinions by plaintiffs' statistical expert. (moc) (Entered:09/06/2002)

09/03/2002 84 NOTICE OF MOTION by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene; for anorder to strike the affidavit of Carolyn Emrick Massad . Return Date 9/25/02 at 11:00. (gf)(Entered: 09/05/2002)

09/03/2002 85 DECLARATION of Stephen G. Seliger by Elsa Gulino, Mayling Ralph, Peter Wilds, NiaGreene in support Re: [84-1] motion for an order to strike the affidavit of Carolyn EmrickMassad. (gf) (Entered: 09/05/2002)

09/04/2002 100 NOTICE OF MOTION by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene for anOrder purs. to Rule 56 of the FRCP granting Plaintiffs partial summary judgment on theissues of (i) adverse impact; and (ii) Defendants' joint Title VII liability as to Class I, thespecific relief requested in the proposed order . Return Date 9/25/02 at 11:00. Rule 56.1Statement attached. (sb) (Entered: 09/11/2002)

09/04/2002 101 MEMORANDUM OF LAW by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene insupport of [100-1] motion for an Order purs. to Rule 56 of the FRCP granting Plaintiffspartial summary judgment on the issues of (i) adverse impact; and (ii) Defendants' jointTitle VII liability as to Class I, the specific relief requested in the proposed order . (sb)(Entered: 09/11/2002)

09/04/2002 102 DECLARATION of Barbara J. Olshansky by Elsa Gulino, Mayling Ralph, Peter Wilds,Nia Greene in support of [100-1] motion for an Order purs. to Rule 56 of the FRCPgranting Plaintiffs partial summary judgment on the issues of (i) adverse impact; and (ii)Defendants' joint Title VII liability as to Class I, the specific relief requested in theproposed order . (sb) (Entered: 09/11/2002)

09/06/2002 105 RULE 56.1 STATEMENT filed by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene.(sb) (Entered: 09/13/2002)

09/06/2002 106 REPLY BRIEF by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene in support of[100-1] motion for an Order purs. to Rule 56 of the FRCP granting Plaintiffs partialsummary judgment on the issues of (i) adverse impact; and (ii) Defendants' joint Title VIIliability as to Class I, the specific relief requested in the proposed order. Exhibits 103-115attached. Received in the night deposit box 9/6/02 at 7:00 p.m. (sb) Modified on09/13/2002 (Entered: 09/13/2002)

09/09/2002 103 Memo-Endorsement on letter addressed to Clerk of Court from Bruce B. McHale, dated9/4/02; Counsel for defendant write to request that the Court accept this letter for filing tocorrect a typographic error in the Reply Memorandum by defendant. So Ordered . (signed by Judge Constance B. Motley ); Copies mailed. (jco) (Entered: 09/11/2002)

09/09/2002 107 RULE 56.1 STATEMENT filed by NYS Education Dept. in opposition to Plaintiffs'supplemental statement of uncontested facts and of material facts as to which there existgenuine issues to be tried. (sb) (Entered: 09/17/2002)

09/09/2002 108 REPLY MEMORANDUM by NYS Education Dept. in support of [91-1] motion for anorder purs. to Rule56 of the FRCP granting summary judgment in favor of defendantNYS Education Dept. (sb) (Entered: 09/17/2002)

09/09/2002 109 DECLARATION of Frederic L. Lieberman by NYS Education Dept. in support of [91-1]motion for an order purs. to Rule56 of the FRCP granting summary judgment in favor ofdefendant NYS Education Dept. . (sb) (Entered: 09/17/2002)

09/09/2002 110 DECLARATION of Sanford Lake by NYS Education Dept. in support of [91-1] motionfor an order purs. to Rule56 of the FRCP granting summary judgment in favor ofdefendant NYS Education Dept. (sb) (Entered: 09/17/2002)



09/11/2002 104 STIPULATION AND ORDER of Voluntary Dismissal in part with prejudice pursuant toFRCP 41(a) of any and all claims asserted herein against the NYS Education Departmentpursuant to the NYS Human Rights Law as further described herein; plaintiff Nia Greenedismisses with prejudice any and all claims asserted by her on behalf of all otherssimilarly situated as further described herein. ( signed by Judge Constance B. Motley )(tp) Modified on 09/16/2002 (Entered: 09/12/2002)

09/17/2002 112 REPLY MEMORANDUM by Board of Education in support re: [100-1] motion for anOrder purs. to Rule 56 of the FRCP granting Plaintiffs partial summary judgment on theissues of (i) adverse impact; and (ii) Defendants' joint Title VII liability as to Class I, thespecific relief requested in the proposed order. (sac) (Entered: 09/20/2002)

09/17/2002 113 RULE 56.1 STATEMENT filed by Board of Education (sac) (Entered: 09/20/2002)

09/17/2002 114 SECOND DECLARATION of Donald C. Sullivan by Board of Education in support Re:[100-1] motion for an Order purs. to Rule 56 of the FRCP granting Plaintiffs partialsummary judgment on the issues of (i) adverse impact; and (ii) Defendants' joint Title VIIliability as to Class I, the specific relief requested in the proposed order . (sac) (Entered:09/20/2002)

09/18/2002 116 MEMORANDUM OF LAW by NYS Education Dept. in opposition to [84-1] motion foran order to strike the affidavit of Carolyn Emrick Massad. (sac) (Entered: 09/24/2002)

09/18/2002 117 DECLARATION of Jane A. Conrad by NYS Education Dept. in opposition Re: [84-1]motion for an order to strike the affidavit of Carolyn Emrick Massad. (sac) (Entered:09/24/2002)

09/18/2002 118 DECLARATION of Bruce M. Berman by NYS Education Dept. in support Re: [116-1]opposition memorandum . (sac) (Entered: 09/24/2002)

09/18/2002 119 DECLARATION of Bruce B. McHale by NYS Education Dept. in support Re: [116-1]opposition memorandum. (sac) (Entered: 09/24/2002)


09/19/2002 121 STIPULATION AND ORDER of dismissal; Plaintiffs Elsa Gulino, Mayling Ralph, PeterWilds, and Nia Greene, on behalf of themselves and all others similarly situated, herebydismiss with prejudice any and all claims asserted herein against the New York StateEducation Department pursuant to the New York State Human Rights Law, New YOrkExecutive law 290, et seq., and the New York City Human Rights Law, New York CityAdministrative Code 8-101, et seq.; Plaintiff Nia Greene hereby dismisses with prejudiceany and all claims asserted by her on behalf of all others similarly situated, pursuant toTitle VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq., and Title VII of theCivil Rights Act of 1964, 42 U.S.C. 2000e, et seq. ( signed by Judge Constance B. Motley) (jco) (Entered: 09/25/2002)

09/19/2002 122 ORDER SEALING DOCUMENTS; that the foregoing documents submitted by the StateEducation Department in separate envelopes bearing on their face the descriptions as setforth in this Order, having been delivered to chambers, shall be received by the Clerk ofCourt for filing, and shall be placed under seal by the Clerk, not made a part of the publicrecord in this case, and the Clerk shall not permit any person to have access to thesedocuments except upon further Order of this Court; and said documents shall be returnedto counsel for the State Education Department promptly on completion of the litigation ;also regarding procedures to be followed that shall govern the handling of "confidentialmaterials" . ( signed by Judge Constance B. Motley ); (jco) Modified on 09/26/2002(Entered: 09/25/2002)

09/20/2002 115 ORDER; that the foregoing documents submitted by the State Education Dept. in separate



evelopes bearing on their face as set forth in this Order, shall be received by the Clerk ofCourt for filing, and shall be placed under seal by the Clerk, not made a part of the publicrecord in this case, and the Clerk shall not permit any person to have access to thesedocuments except upon further order of this Court and said documents shall be returnedto counsel for the State Education Dept. promptly on completion of the litigation ;Counsel for plaintiffs and the Board of Education shall consider these documents to beConfidential Matter, to be governed with respect to both the Core Battery and the Last bythe same terms and conditions which have heretofore governed documents pursuant to aStipulation and Confidentiality Order previously entered herein with regard to NESdocuments . ( signed by Judge Constance B. Motley ); Copies mailed; forwarded a copyof this document to the Sealing Document Clerk. (pl) Modified on 09/23/2002 (Entered:09/23/2002)

09/24/2002 120 ORDER granting [68-1] motion for an order pursuant to Rule 1.3(c) of the FRCPpermitting Joel Hellman to appear pro hac vice on behalf of plaintiffs Gulino, Ralph,Wilds and Greene . ( signed by Judge Constance B. Motley ); Document sent to attorneyadmissions clerk. (dle) Modified on 09/25/2002 (Entered: 09/25/2002)

09/25/2002 123 ORDER, that this court will hear oral Argument on the parties cross-motions forsummary judgment at 12:00 p.m. on 10/17/02 in Courtroom 26-A; pretrial memorandaand a proposed joint pretrial order to be submitted on or before 11/15/02; trial shallcommence at 11:00 a.m. on 11/25/02, proceeding which there will be a final pretrialconference in Courtroom 26-A . ( signed by Judge Constance B. Motley );(pl) Modifiedon 10/01/2002 (Entered: 09/30/2002)

09/25/2002 124 DECLARATION of Stephen G. Seliger by Elsa Gulino, Mayling Ralph, Peter Wilds, NiaGreene in support Re: [84-1] motion for an order to strike the affidavit of Carolyn EmrickMassad. (gf) (Entered: 10/01/2002)

10/04/2002 125 ORDER, that for the reasons set forth, the Court is denying the [84-1] motion for an orderto strike the affidavit of Carolyn Emrick Massad; Plaintiffs are granted leave to deposeDr. Massad, and to demand additional discovery concerning her testimony until 11/25/02,the trial date in this matter . ( signed by Judge Constance B. Motley ). (tp) (Entered:10/08/2002)

10/04/2002 CASHIER'S OFFICE REMARK on Copy [120-1] order in the amount of $25.00 paid on10/7/02 Receipt # 452600. (sac) (Entered: 10/11/2002)

11/07/2002 126 SCHEDULING ORDER: 12/2/02: pre-trial memoranda and a proposed joint pre-trialorder shall be filed; 12/11/02: trial shall commence at 11:00 a.m., proceeding which therewill be a final pre-trial conference in Courtroom 26-A. ( signed by Judge Constance B.Motley ); (sac) (Entered: 11/08/2002)

11/25/2002 127 ORDER, defendant State Education Department has filed a motion in limine to excludetestimony, reports and opinions by plaintiffs' statistical expert, Dr. Thomas DiPrete. Forthe reasons set forth in section VII.A. of the court's Opinion and Order issued on this date,defendant's motion is denied . ( signed by Judge Constance B. Motley ); (kw) (Entered:11/26/2002)

11/25/2002 128 OPINION and ORDER #87757; granting in part, denying in part [100-1] motion for anOrder purs. to Rule 56 of the FRCP granting Plaintiffs partial summary judgment on theissues of (i) adverse impact; and (ii) Defendants' joint Title VII liability as to Class I, thespecific relief requested in the proposed order, granting in part, denying in part [66-1]motion for an Order pursuant to Rule 56 of the FRCP granting summary judgment infavor of defendant . ( signed by Judge Constance B. Motley ); (djc) (Entered: 11/26/2002)

11/27/2002 129 MEMORANDUM OPINION AND ORDER # 87768: the parties are reminded that the



trial in this matter will commence 12/11/02 at 12:00 p.m. in Courtroom 26-A of the U.S.Courthouse at 500 Pearl Street, New York, New York , Pre-trial memoranda and aproposed joint pre-trial order shall be filed no later than 12/6/02 . ( signed by JudgeConstance B. Motley ) (db) (Entered: 12/04/2002)

11/27/2002 Deadline(s) updated: pre-trial memoranda and proposed joint pretrial order due for12/6/02 . (db) (Entered: 12/04/2002)

12/02/2002 130 NOTICE OF MOTION by Board of Education for reconsideration and denying theCourt's prior summary judgment decision in favor of plntfs ; Return Date not indicated(cd) (Entered: 12/04/2002)

12/02/2002 131 MEMORANDUM OF LAW by NYS Education Dept. in support of [130-1] motion forreconsideration and denying the Court's prior summary judgment decision in favor ofplntfs . (cd) (Entered: 12/04/2002)

12/03/2002 132 ORDER, that for the reasons set forth, the Court is denying the [130-1] motion forreconsideration and for adjournment of the trial. The trial will commence at 11:00 a.m. on12/11/02. ( signed by Judge Constance B. Motley ). (tp) (Entered: 12/05/2002)

12/06/2002 133 NOTICE OF MOTION by Elsa Gulino, Mayling Ralph, Peter Wilds; for an Orderexcluding the reports and testimony at trial of Katherine Haycock, James Sharf, and JoanHaworth . Return Date not indicated. (jco) (Entered: 12/11/2002)

12/06/2002 134 MEMORANDUM OF LAW by Elsa Gulino, Mayling Ralph, Peter Wilds in support of[133-1] motion for an Order excluding the reports and testimony at trial of KatherineHaycock, James Sharf, and Joan Haworth. (jco) (Entered: 12/11/2002)



12/06/2002 137 DECLARATION of Barbara J. Olshansky by Elsa Gulino, Mayling Ralph, Peter Wilds insupport Re: [133-1] motion for an Order excluding the reports and testimony at trial ofKatherine Haycock, James Sharf, and Joan Haworth. (jco) (Entered: 12/11/2002)

12/06/2002 138 NOTICE OF MOTION by Elsa Gulino, Mayling Ralph, Peter Wilds for an orderexcluding the evidence concerning the educational backgrounds, teaching performance,and qualifications of individual class members . Return Date not indicated. (dle) (Entered:12/12/2002)

12/06/2002 139 Plaintiffs' Statement of the elements of theri claims and summary of supporting factsmade pursuant to individual practice Rule IV.B(2) of the Honorable Constance BakerMotley. (dle) (Entered: 12/12/2002)

12/06/2002 140 MEMORANDUM OF LAW by Elsa Gulino, Mayling Ralph, Peter Wilds in support of[138-1] motion for an order excluding the evidence concerning the educationalbackgrounds, teaching performance, and qualifications of individual class members . (dle)(Entered: 12/12/2002)

12/10/2002 141 ORDER, dfts are ordered to file and serve their response to the [133-1] motion in limineconcerning dfts' experts on or before 12/20/02. With respect to the motion in limineconcerning evidence about individual class members, dfts re ordered to submit a responseto that motion by 4:00 p.m. 12/10/02 . ( signed by Judge Constance B. Motley ); (dle)(Entered: 12/12/2002)



12/10/2002 142 MEMORANDUM OF LAW by NYS Education Dept. in opposition to [138-1] motion foran order excluding the evidence concerning the educational backgrounds, teachingperformance, and qualifications of individual class members (djc) (Entered: 12/17/2002)

12/11/2002 Bench trial begun before Judge Constance B. Motley. (sac) (Entered: 05/05/2003)

12/13/2002 143 Joint PRETRIAL ORDER. ( signed by Judge Constance B. Motley ) (kw) (Entered:12/18/2002)


12/26/2002 145 MEMORANDUM OPINION AND ORDER #87868, that the court's Opinion and Orderdated 11/22/02, the court ruled that "plaintiffs fail to state a claim against the SED foractions taken prior to 1/1/91," and granted SED's motion for summary judgment on thatdiscrete issue; the Court now reverses its ruling with respect to that part of SED's motionfor summary judgment; the court takes this action now, before plaintiffs have rested andat the beginning of the two week holiday recess, so that the parties may present evidencerelating to this if they choose . ( signed by Judge Constance B. Motley ); (pl) (Entered:12/30/2002)

12/27/2002 146 MEMORANDUM OF LAW by NYS Education Dept. in opposition to [133-1] motion foran Order excluding the reports and testimony at trial of Katherine Haycock, James Sharf,and Joan Haworth . (dle) (Entered: 01/03/2003)

12/27/2002 147 MEMORANDUM OF LAW by NYS Education Dept. in opposition to plaintiffs' motionin limine to exclude the testimony of Dr. Joan Haworth with respect to the social,exonomic, and educational backgrounds of persons taking the NTE and last tests. (dle)(Entered: 01/03/2003)

12/27/2002 148 MEMORANDUM OF LAW by NYS Education Dept. in opposition to [133-1] motion foran Order excluding the reports and testimony at trial of Katherine Haycock, James Sharf,and Joan Haworth . (dle) (Entered: 01/06/2003)

12/30/2002 149 MEMORANDUM OF LAW by Board of Education in opposition to [133-1] motion foran Order excluding the reports and testimony at trial of Katherine Haycock, James Sharf,and Joan Haworth, [138-1] motion for an order excluding the evidence concerning theeducational backgrounds, teaching performance, and qualifications of individual classmembers . (sb) (Entered: 01/07/2003)

01/06/2003 150 ORDER, Defendant State Education Department requests an extension of the two hourtime limit set by the Court in order to question 5 specific witnesses. The Court remindsthe parties of the substance of the rule it announced in court on 12/11/02: A party islimited to questioning any one witness for two hours. If, at the end of that time period, theparty wishes to continue with a particular witness, it must make an offer of proof withregard to what substantive testimony has not yet been elicited and make a request for aspecified amount of time. ( signed by Judge Constance B. Motley ) (sb) (Entered:01/08/2003)

01/06/2003 151 MEMORANDUM OPINION AND ORDER; #87895, that plaintiffs motion in limine toexclude the reports and testimony of Katherine Haycock is denied; plaintiffs motion inlimine to exclude the reports and testimony John Haworth is granted in part and denied inpart; plaintiffs motion in limine to exclude the reports and testimony of James Sharf isdenied . ( signed by Judge Constance B. Motley ); (pl) (Entered: 01/08/2003)


01/21/2003 152 Offer of proof and application for reconsideration by NYS Education Dept. . (yv)(Entered: 01/27/2003)



01/23/2003 153 ORDER; after January 27, 2002, this court will recess until Monday, April 7, 2003, whenthe trial will resume at 11:00 a.m. The parties in this matter are hereby ordered to file andserve preliminary proposed findings of fact and conclusions of law, not to exceed 50pages (in 12 point Times Roman or other comparable font, with one inch margins), on orbefore 03/14/03. Each party shall file and serve a reply, not to exceed 15 pages, on orbefore 03/28/03; After the trial has concluded, parties will be ordered to file and servefinal proposed findings of fact and conclusions of law ; ( signed by Judge Constance B.Motley ); (djc) (Entered: 01/28/2003)

01/28/2003 154 ORDER; By Order dated January 22, 2003, parties in this matter were instructed tosubmit proposed findings of fact and conclusions of law to this Court. The parties arehereby instructed that each proposed finding of fact should contain a citation to the recordin this case ; ( signed by Judge Constance B. Motley ); (djc) (Entered: 01/29/2003)

01/28/2003 155 ORDER, regarding storage of documents during recess, as further set forth in thisdocument ( signed by Judge Constance B. Motley ); (cd) (Entered: 01/30/2003)








03/13/2003 164 MEMORANDUM OPINION # 88181, Defendant Board of Education requestspermission to have one of its witnesses, Dr. Rudy Crew, testify telephonically from hishome state of California. If Dr. Crew is to appear as a witness, he will have to do so incourt in the SDNY. Defendant State Education Department asks that the court reconsiderits oral order that SED make an offer of proof for each witness it intends to call in thefuture. SED's request that the Court reconsider its order is denied. SED requests that, inthe event the court declines to reconsider its order, the defendant be allowed to submit theoffers of proof to the Court alone. This request is granted. The offers of proof are to besubmitted to the Court by 4/2/03. ( signed by Judge Constance B. Motley ) (sb) (Entered:03/13/2003)

03/14/2003 165 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Elsa Gulino,Mayling Ralph, Peter Wilds, Nia Greene . (yv) (Entered: 03/17/2003)

03/14/2003 166 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Board ofEducation . (sb) (Entered: 03/18/2003)

03/14/2003 167 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by NYS EducationDept. Received in the night deposit box on 3/14/03 at 9:03 p.m. (sb) (Entered:03/18/2003)

03/28/2003 169 REPLY by NYS Education Dept. [165-1] Findings of Fact. Recieved in night deposit boxon 3.28.03 at 7:22 p.m. (db) (Entered: 04/01/2003)

03/28/2003 170 REPLY by Board of Education Re: [165-1] Findings of Fact (db) (Entered: 04/01/2003)

03/31/2003 168 MEMORANDUM OPINION # 88264, denying defense counsel's request for an Orderallowing Dr. Crew to testify by video conference instead of by telephone. There is no



legally sufficient reason offered as to why the request should be granted . ( signed byJudge Constance B. Motley ); (yv) (Entered: 04/01/2003)

04/09/2003 171 SEALED DOCUMENT placed in vault. (js) (Entered: 04/09/2003)












04/09/2003 183 ORDER, offers of proof submitted by defendant State Education Department bearing aface sheet stating "Filed Under Seal Per 3/6/03 Memorandum Opinion and Order" shallbe received by the Clerk of Court for filing, and shall be placed under seal by the Clerk,not made a part of the public record in this case, and the Clerk shall not permit any personto have access to the documents further set forth in this Order except upon further orderof this Court . ( signed by Judge Constance B. Motley ); (yv) (Entered: 04/09/2003)

04/09/2003 184 Renewed offer of proof and NOTICE OF MOTION by NYS Education Dept. for an orderfor reconsideration of the Court's ruling excluding Mr. Arricale's testimony . No ReturnDate. (sb) (Entered: 04/11/2003)

04/09/2003 185 Offer of Proof regarding 1982 job analysis survey conducted by ETS during core batterytests' initial development by NYS Education Dept.. (sb) (Entered: 04/11/2003)

04/09/2003 186 MEMORANDUM OPINION AND ORDER #88332, regarding the Court's decision forthe remaining witnesses the defendant SED intends to call in this case . ( signed by JudgeConstance B. Motley ); (kw) (Entered: 04/14/2003)

04/11/2003 187 MEMORANDUM OPINION # 88354, For the reasons stated on this memorandumopinion, the documents produced by NES and offered for admission into evidence bystipulation between parties (with the exception of those containing actual test questions)will be received into evidence without restriction on the public's right of access. Partiesare ordered to submit a second stipulation and order admitting trial exhibits marking as"sealed" only those exhibits which contain actual test questions. ( signed by JudgeConstance B. Motley ) (sb) (Entered: 04/14/2003)

04/23/2003 191 MEMORANDUM OPINION AND ORDER #88407, regarding issues concerning thereceipt by this Court of plaintiffs' brief letter/offer of proof in support of their request thatthe Court allow rebuttal testimony from their expert, Dr. Frank Landy, letter briefs inopposition from both defendants and plaintiffs' letter reply. Accordingly plaintiffs offersmust be provided to the Court and served on opposing parties by 1:00 p.m. Tuesday,4/22/03. Defendants' offers are due by 5:00 p.m. on Wednesday, 423/03 . ( signed byJudge Constance B. Motley ). (tp) (Entered: 04/28/2003)



04/24/2003 188 ORDER. Defendan BOE claims to have been "hampered in its efforts to articulate aproffer as to the expected testimony of City's witnesses" by what it calls plaintiffs' uncleardescription of Dr.Landy's proposed testimony." Letter from Donald C. Sullivan, April 23,2003 at 2. If defendant BOE wishes to call Virginia Caputo, it must provide the Court andopposing parties a more detailed account of the substance of her proffered testimony.Since Dr. Landy's testimony will conclude by the end of the day, BOE is ordered tosubmit a fuller offer of proof by 1:00 p.m. on Friday, April 25, 2003 ; ( signed by JudgeConstance B. Motley ); (djc) (Entered: 04/25/2003)

04/24/2003 189 Defendant State Education Department's offer of proof in response to plaintiffs' amendedoffer of proof regarding rebuttal testimony by Dr. Frank Landy. (dle) (Entered:04/25/2003)

04/24/2003 193 Memorandum to Docket Clerk: Bench trial held before Judge Motley on following dates:12/11-19; 1/6-10; 1/13-17; 1/21-23; 1/27; 4/7-10; 4/14; 4/24. Judge's decision: reserved (Contested Issue ) (sac) (Entered: 05/05/2003)

04/24/2003 Bench trial concluded before Judge Constance B. Motley . (sac) (Entered: 05/05/2003)

04/25/2003 190 STIPULATION AND ORDER, admitting trial exhibits listed in this document. ( signedby Judge Constance B. Motley ) (sac) (Entered: 04/28/2003)

04/29/2003 192 ORDER, the parties in this matter are hereby ordered to file and serve final proposedfindings of fact and conclusions of law, not to exceed 50 pages (in 12 point Times Romanor other comparable font, with one inch margins),on or before 5/28/03. Each party shallfile and serve a reply,not to exceed 20 pages, on or before 6/11/03, as further set forth inthis document ( signed by Judge Constance B. Motley ); (cd) (Entered: 04/30/2003)

05/06/2003 194 STIPULATION and ORDER, The Court "so orders," that the Exhibit O of the City Boardbe admitted into evidence for all purposes . ( signed by Judge Constance B. Motley ) (sb)(Entered: 05/06/2003)

05/06/2003 195 ORDER, Each party may submit final proposed findings of fact and conclusions of lawnot to exceed 60 pages in length. ( signed by Judge Constance B. Motley ) (sb) (Entered:05/06/2003)

05/28/2003 196 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by Elsa Gulino,Mayling Ralph, Peter Wilds . (db) (Entered: 06/05/2003)

05/28/2003 197 AFFIDAVIT OF SERVICE of proposed finding of fact as to N.Y. Attorney General andCorporation Counsel of the City of New York by first class mail on 5/28/03. (db)(Entered: 06/05/2003)

05/28/2003 199 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by NYS EducationDept., NYS Education Dept. Received in night deposit box on 5/28/03 at 7:31 p.m. (db)(Entered: 06/05/2003)

05/28/2003 200 POST-TRIAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW byBoard of Education, Board of Education. (db) (Entered: 06/05/2003)

05/28/2003 201 POST-TRIAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW byBoard of Education, Board of Education. (db) (Entered: 06/05/2003)

05/28/2003 198 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by NYS EducationDept. (Filed in the night deposit on 5/28/03 at 7:31 p.m.) (ae) (Entered: 06/10/2003)

06/03/2003 202 Transcript of record of proceedings before Judge Constance B. Motley for the date(s) ofJanuary 22,23,27, 2003, April 7,8,9, 2003. (pr) (Entered: 06/11/2003)

06/03/2003 203 Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of



April 14,24, 2003. (pr) (Entered: 06/11/2003)

06/11/2003 204 REPLY by NYS Education Dept. to [196-1] Proposed Findings of Fact. Received in thenight deposit on 6/11/03 at 7:43 p.m. (sb) (Entered: 06/12/2003)

06/11/2003 205 REPLY FINDINGS OF FACT AND CONCUSIONS OF LAW by NYS Education Dept.on crossclaim by codefendant Board of Education. Received in the night deposit box on6/11/03 at 7:43 p.m. (sb) (Entered: 06/12/2003)

06/11/2003 206 REPLY PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by ElsaGulino, Mayling Ralph, Peter Wilds. Received in the night deposit box on 6/11/03 at 9:35p.m. (sb) (Entered: 06/12/2003)

06/12/2003 207 REPLY by Board of Education Re: its Cross-Claim (cd) (Entered: 06/13/2003)

06/12/2003 208 REPLY by Board of Education Re: to PLntfs' Post-Trial Proposed Findings of Fact andConclusions of Law (cd) (Entered: 06/13/2003)

07/18/2003 210 Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of12/11-13;16-18/2002. (rag) (Entered: 08/21/2003)

07/18/2003 211 Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of1/13-18/2003. (rag) (Entered: 08/21/2003)

08/21/2003 209 Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of12/19/2002;1/6-10/2003. (rag) (Entered: 08/21/2003)

09/04/2003 212 FINDINGS OF FACT AND CONCLUSIONS OF LAW ( signed by Judge Constance B.Motley ) (kw) (Entered: 09/08/2003)

09/18/2003 213 JUDGMENT, that the Court, having made its findings of fact and conclusions of law inthis action, on 9/4/03, as set forth in an opinion of the same date, now on this date entersjudgment in favor of defendants, in accordance with said findings of fact and conclusionsof law. ( signed by Judge Constance B. Motley ); Mailed copies and notice of right toappeal. Entered On Docket: 9/22/03. (tp) (Entered: 09/22/2003)

09/18/2003 Case closed. (tp) (Entered: 09/22/2003)

10/14/2003 214 NOTICE OF APPEAL by Elsa Gulino, Mayling Ralph, Peter Wilds from [213-1]judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: CorporationCounsel and Attorneys Generals Office for the State of New York. $105.00 Appeal filingfee paid 10/14/03 on receipt # E 487916. (dt) Modified on 10/24/2003 (Entered:10/14/2003)

10/14/2003 Notice of appeal and certified copy of docket to USCA: [214-1] appeal by Peter Wilds,Mayling Ralph, Elsa Gulino ; Copy of notice of appeal sent to District Judge. (dt)(Entered: 10/14/2003)

10/23/2003 215 NOTICE OF CROSS-APPEAL by NYS Education Dept. Appeal from the Opinion dated11/22/02. Copies of Notice of Cross Appeal mailed to attorney(s) of record: PiperRudnick, LLP, Donald C. Sullivan. $105.00 APPEAL FILING FEE PAID ON 10/23/03,RECEIPT # E 489609. (pr) Modified on 10/24/2003 (Entered: 10/24/2003)

10/24/2003 Notice of appeal and certified copy of docket to USCA: [215-1] cross appeal by NYSEducation Dept. ; Copy of notice of appeal sent to District Judge. (pr) (Entered:10/24/2003)

11/05/2003 USCA Case Number Re: [214-1] appeal by Peter Wilds, Mayling Ralph, Elsa GulinoUSCA NUMBER: 03-9062 (pr) (Entered: 11/05/2003)

01/23/2004 216 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on



Appeal for 214 Notice of Appeal, filed by Elsa Gulino, Mayling Ralph, Peter WildsUSCA Case Number 03-9062, 3 Copies of the index, Certified Clerk Certificate andCertified Docket Sheet were transmitted to the U.S. Court of Appeals. (dt, ) (Entered:01/23/2004)

02/10/2004 217 TRUE COPY ORDER of USCA as to 215 Notice of Cross Appeal, filed by New YorkState Education Department USCA Case Number 03-9114(XAP). Plaintiffs-Appellants,move to dismiss the cross appeal. ORDERED that the motion is granted and the cross-appeal 03-9114 is DISMISSED for lack of standing MACKECHNIE, Clerk USCA.Certified: 2/5/04. (pr, ) (Entered: 02/10/2004)

03/08/2004 218 MANDATE of USCA (Certified Copy) as to 215 Notice of Cross Appeal, filed by NewYork State Education Department USCA Case Number 03-9114. Plaintiffs-Appellants,through counsel, move to dismiss the cross-appeal. it is Ordered that the motion is grantedand the cross appeal, No. 03-9114, is DISMISSED for lack of standing. Roseann B.MacKechnie, Clerk USCA. Issued As Mandate: 3/1/04. (dt, ) (Entered: 03/08/2004)

03/08/2004 Transmission of USCA Mandate/Order to the District Judge re: 218 USCA Mandate,. (dt,) (Entered: 03/08/2004)

08/18/2008 219 MANDATE of USCA (Certified Copy) as to 214 Notice of Appeal, USCA Case Number03-9062-cv. Ordered, Adjudged and Decreed that the judgment of the District Court isAFFIRMED in part, VACATED in part, and the case is REMANDED for furtherproceedings in accordance with the opinion of this Court. Catherine O'Hagan Wolfe,Clerk USCA. Issued As Mandate: 8/15/2008. (nd) (Entered: 08/18/2008)

08/18/2008 Transmission of USCA Mandate/Order to the Case Reassignment Department re: 219USCA Mandate. (nd) (Entered: 08/18/2008)

08/28/2008 220 NOTICE OF CASE REASSIGNMENT to Judge Sidney H. Stein. Judge Constance BakerMotley is no longer assigned to the case. (rdz) (Entered: 09/03/2008)

08/28/2008 Mailed notice REASSIGNMENT to the attorney(s) of record. (rdz) (Entered: 09/03/2008)

09/10/2008 221 NOTICE OF APPEARANCE by Eamonn F. Foley on behalf of Board of Education of theNew York City School District of the City of New York (dle) (Entered: 09/11/2008)

10/01/2008 222 MOTION for an order that the undersigned may intervene in this action as a matter ofright under FRCP 24(a)(1) & (a)(2) and allowing them permissive intervention underRule 24(b)(2). Document filed by New York State Board of Regents, Richard Mills, NewYork State Education Department.(dle) (Entered: 10/02/2008)

10/01/2008 223 DECLARATION of Bruce McHale in Support re: 222 MOTION to Intervene. Documentfiled by New York State Board of Regents, Richard Mills, New York State EducationDepartment. (dle) (Entered: 10/02/2008)

10/01/2008 224 MEMORANDUM OF LAW in Support re: 222 MOTION to Intervene. Document filedby New York State Board of Regents, Richard Mills, New York State EducationDepartment. (dle) (Entered: 10/02/2008)

10/24/2008 225 STIPULATION: IT IS HEREBY STIPULATED: by and between the undersignedcounsel that responding papers to the New York State Board of Regents, Richard Mills,New York State Commissioner of Education, and New York State Education Department(collectively the "Movants") Motion to Intervene dated October I, 2008, shall be servedso as to be received at the offices of the undersigned counsel on or before November14,2008. IT IS FURTHER STIPULATED that the Movants shall serve reply papers, ifany, so as to be received at the offices of the undersigned counsel on or before December8, 2008. So Ordered (Signed by Judge Sidney H. Stein on 10/24/08) (js) (Entered:10/24/2008)

https://ecf.nysd.uscourts.gov/doc1/12715146606





11/14/2008 226 MEMORANDUM OF LAW in Opposition re: 222 MOTION to Intervene. Documentfiled by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene. (djc) (Entered:11/18/2008)

11/14/2008 227 AFFIRMATION of Joshua S. Sohn in Support of Plaintiffs' Memorandum of Law inOpposition to the New York State Board of Regents' Richard Mills' NYS Commissionerof Education, and Ne York State Education Department's Motion to Intervene. Documentfiled by Elsa Gulino, Mayling Ralph, Peter Wilds. (djc) (Entered: 11/18/2008)

12/08/2008 228 DECLARATION of Bruce McHale pursuant to 28 U.S.C. section 1746 in Support re: 222MOTION to Intervene. Document filed by New York State Board of Regents, RichardMills, New York State Education Department. (djc) (Entered: 12/10/2008)

12/08/2008 229 REPLY MEMORANDUM OF LAW in Support re: 222 MOTION to Intervene.Document filed by New York State Board of Regents, Richard Mills, New York StateEducation Department. (djc) (Entered: 12/10/2008)

12/08/2008 230 CERTIFICATE OF SERVICE of Supplemental Declaration of Bruce McHale. andDeclaration of Jeanne W. Clayton Purs to 28 USC section 1746 in support of motion tointervene served on Joshua S. Sohn, Eamonn F. Foley on 12/8/08. Service was acceptedby served upon counsel for plaintiffs and defendants NYC Board of Education enclosedin pre-paid envelopes by USPS Express mail, next day delivery. (djc) (Entered:12/11/2008)

12/08/2008 231 DECLARATION of Jeanne W. Clayton in Support re: 222 MOTION to Intervene.Document filed by New York State Board of Regents, Richard Mills, New York StateEducation Department. (db) (Entered: 02/06/2009)

02/04/2009 232 NOTICE OF APPEARANCE by Charles Ethan Enloe on behalf of New York State Boardof Regents, Richard Mills, New York State Education Department (jmi) (Entered:02/09/2009)

02/27/2009 233 NOTICE OF CASE REASSIGNMENT to Judge Kimba M. Wood. Judge Sidney H. Steinis no longer assigned to the case. (ama) (Entered: 02/27/2009)

06/25/2009 234 ORDER. For the reasons stated above, the Court intends to dismiss, pursuant to Rule12(b)(6), BOE's cross-claim for indemnification and contribution against SED. No laterthan July 1, 2009, BOE shall respond to this order, BOE shall state (1) whether it objectsto the dismissal of its cross-claim against SED; and (2) the legal support for any suchobjection. NO later than July 8, 2009, SED may reply to BOE's submission. So Ordered.(Signed by Judge Kimba M. Wood on 6/25/09) (djc) (Entered: 06/25/2009)

07/06/2009 235 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated6/30/09 re: Counsel for defendant New York City Board of Education write to request aone week extension of the dates set in the June 25, 2009, Order, which would makeBOE's response due on 7/8/09, and SED's reply due on 7/15/09. ENDORSEMENT:GRANTED. (Signed by Judge Kimba M. Wood on 7/2/09) (tro) (Entered: 07/07/2009)

07/22/2009 236 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated7/8/09 re: counsel for defendant writes that by Order dated June 25, 2009, the partieswere advised of the Court's intention to dismiss, on its own motion, BOE's cross-claim forindemnification and contribution against former defendant New York StateEducationDepartment ("SED"). Your Honor directed BOE to respond to the Order nolater than July 1, 2009; a deadline later extended until today, July 8, 2009. BOE herebystates that it does not object to the dismissal of its cross-claim for indemnification andcontribution against SED. BOE continues to urge the Court to grant SED's motion tointervene in this action. ENDORSEMENT: for the reasons stated in its June 25, 2009







Order, the Court dismisses, on its own motion, pursuant to F.R.C.P. 12 (b)(6), BOEs cross- claim for indemnification and contribution against SED. (Signed by Judge Kimba M.Wood on 7/22/09) Copies Mailed By Chambers.(pl) (Entered: 08/05/2009)

09/17/2009 237 OPINION AND ORDER re:#98047 222 MOTION to Intervene. For the reasons set forthabove, Court denied movants' motion to intervene under Rule 24(a)(2) or Rule 24(b). TheCourt Grants movants status as amici curiae. Parties have not yet briefed the Court onwhat additional briefing or proceedings are necessary in this action on remand. Therefore,the Court is not in a position to fully evaluate how amici can most usefully participate inthe action going forward. Once the Court is able to do so, it will inform amici of theprecise scope and manner of their participation. (Signed by Judge Kimba M. Wood on11/16/09) (djc) Modified on 9/23/2009 (jab). Modified on 9/30/2009 (djc). (Entered:09/17/2009)

10/15/2009 238 NOTICE OF APPEAL from 237 Memorandum & Opinion. Document filed by New YorkState Board of Regents, Richard Mills, New York State Education Department. Filing fee$ 455.00, receipt number E 702914. Copies of Notice of Appeal mailed to attorney(s) ofrecord: DLA Piper US LLP; Office of the Corporation Counsel. (nd) (Entered:10/16/2009)

10/16/2009 Transmission of Notice of Appeal to the District Judge re: 238 Notice of Appeal,. (nd)(Entered: 10/16/2009)

10/16/2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court ofAppeals re: 238 Notice of Appeal,. (nd) (Entered: 10/16/2009)

10/22/2009 239 ORDER. The Court orders the parties to submit a joint letter detailing the issues the Courtmust decide on remand, and what additional proceedings, if any, the parties believe arenecessary for the Court to reach a decision. The parties shall submit their letter by no laterthan November 2, 2009. (Signed by Judge Kimba M. Wood on 10/21/09) (djc) (Entered:10/22/2009)

10/26/2009 240 NOTICE OF APPEARANCE by Anjana Samant on behalf of Elsa Gulino, MaylingRalph, Peter Wilds, Nia Greene (Samant, Anjana) (Entered: 10/26/2009)

10/26/2009 241 NOTICE OF CHANGE OF ADDRESS by Anjana Samant on behalf of all plaintiffs.New Address: Center for Constitutional Rights, 666 Broadway, 7th Fl., New York, NY,USA 10012, (212) 614-6445. (Samant, Anjana) (Entered: 10/26/2009)

10/30/2009 242 ENDORSED LETTER addressed to Judge Kimba Wood from Joshua S. Sohn dated10/29/09 re: counsel requests that the Court grant a one-week extension of time for theparties to submit their joint letter, extending the submission date through and untilNovember 9, 2009. Granted. ENDORSEMENT: Granted. The parties shall submit theirjoint status letter by no later than November 9, 2009. (Signed by Judge Kimba M. Woodon 10/30/09) (djc) (Entered: 10/30/2009)

11/10/2009 USCA Case Number 09-4292-cv from the US Court of Appeals, Second Circuit assignedto 238 Notice of Appeal, filed by Richard Mills, New York State Education Department,New York State Board of Regents. (nd) (Entered: 11/10/2009)

12/08/2009 243 ORDER. For the reasons stated above, the Court will not permit the parties to submit newevidence on remand related to the validation process for the New LAST. The Court ordersthe parties to comply with the briefing scheduled set forth in this Order. The Court ordersthe Clerk of the Court to designate this action an ECF case, and as further set forth.(Responses due by 4/21/2010) (Signed by Judge Kimba M. Wood on 12/8/09) (rjm)(Entered: 12/08/2009)

12/08/2009 Case Designated ECF. (rjm) (Entered: 12/08/2009)














12/11/2009 244 LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley and Joshua S. Sohndated 11/9/09 re: As directed by the Court, the parties submit this letter to articulate theirrespective positions concerning (1) the remaining issues that are before the Courtfollowing the Second Circuit's remand; and (2) what additional proceedings, if any, arerequired to resolve these outstanding issues. Because the parties have different views, thisletter contains separate statements of the parties. (mro) (Entered: 12/11/2009)

01/13/2010 245 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 238 Notice ofAppeal, filed by Richard Mills, New York State Education Department, New York StateBoard of Regents USCA Case Number 09-4292-cv....that the appeal is herebyWITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure.Catherine O'Hagan Wolfe, Clerk USCA. Certified: 1/12/2010. (nd) (Entered: 01/13/2010)

02/17/2010 246 ENDORSED LETTER addressed to Judge Kimba M. Wood from Joshua S. Sohn dated2/16/10 re: counsel for plaintiff request approval to file submissions of up to forty pagesin length. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kimba M. Wood on2/17/10) (dle) (Entered: 02/17/2010)

02/17/2010 247 BRIEF re: 243 Order, Set Deadlines/Hearings,, Plaintiffs' Remand Submission. Documentfiled by Elsa Gulino, Mayling Ralph, Peter Wilds, Nia Greene. (Attachments: # 1Affirmation of Joshua S. Sohn, Esq., # 2 Exhibit A, # 3 Exhibit B (Part 1 of 2), # 4Exhibit B (Part 2 of 2), # 5 Exhibit C (Part 1 of 2), # 6 Exhibit C (Part 2 of 2), # 7 ExhibitD, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I (Part 1 of2), # 13 Exhibit I (Part 2 of 2), # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L)(Sohn,Joshua) (Entered: 02/17/2010)

04/07/2010 248 ENDORSED LETTER: addressed to Judge Kimba M. Wood from Eamonn F. Foley dated4/7/2010. re: BOE respectfully requests an extension of the date for these submissionsfrom April 21, 2010 to May 7, 2010 ENDORSEMENT: Defendant BOE and amicus SEDshall submit their briefs and supporting documents by no later than May 7, 2010. SoOrdered. (Signed by Judge Kimba M. Wood on 4/7/2010) (js) Modified on 4/23/2010 (js).(Entered: 04/07/2010)

05/03/2010 249 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated4/30/2010 re: BOE respectfully requests a one week extension, from 5/7/2010 to5/14/2010. ENDORSEMENT: granted. No further extensions. The BOE & SED shallsubmit their briefs and relevant evidence by no later than May 14, 2010. No furtherextensions will be granted. (Signed by Judge Kimba M. Wood on 5/3/2010) CopiesMailed By Chambers. (tro) (Entered: 05/03/2010)

05/05/2010 250 ENDORSED LETTER addressed to Judge Kimba M. Wood from Bruce McHale dated5/4/10 re: Joint request that the Court endorse this letter ordering the ECF office receivetrial exhibits and transcripts related to the remand briefing herein in paper form.ENDORSEMENT: Granted. (Signed by Judge Kimba M. Wood on 5/4/10) (cd) (Entered:05/05/2010)

05/14/2010 251 MEMORANDUM OF LAW re: 243 Order, Set Deadlines/Hearings,, RemandMemorandum By Amicus Curiae New York State Education Department. Document filedby New York State Education Department. (McHale, Bruce) (Entered: 05/14/2010)

05/14/2010 252 DECLARATION of BRUCE McHALE in Support re: 243 Order, SetDeadlines/Hearings,,. Document filed by New York State Education Department.(McHale, Bruce) (Entered: 05/14/2010)

05/14/2010 253 Exhibit List - JOINT LIST OF TRIAL EXHIBITS SUBMITTED BY PLAINTIFFS,DEFENDANT AND AMICUS FOR REMAND PROCEEDING. Document filed by NewYork State Education Department.(McHale, Bruce) (Entered: 05/14/2010)
































05/14/2010 254 CERTIFICATE OF SERVICE of Remand Memorandum & Declaration of Bruce McHaleIn Support of Remand Memorandum by Amicus Curiae New York State EducationDepartment served on Counsel for Plaintiffs and Counsel for Defendant on May 14, 2010.Service was made by Mail. Document filed by New York State Education Department.(McHale, Bruce) (Entered: 05/14/2010)

05/14/2010 255 SELECTED TRIAL EXHIBITS SUBMITTED BY DEFENDANT NEW YORK STATEEDUCATION DEPARTMENT FOR REMAND PROCEEDING. VOLUME 1 OF 21.Document filed by New York State Education Department. ***Accepted for filing by theHonorable Kimba M. Wood on 5/4/10 (Document #250).(mro) (Entered: 05/14/2010)




05/14/2010 259 SELECTED TRIAL EXHIBITS SUBMITTED BY DEFENDANT NEW YORK STATEEDUCATION DEPARTMENT FOR REMAND PROCEEDING. VOLUME 5 OF 21.Document filed by New York State Education Department. ***Accepted for filing by theHonorable Kimba M. Wood on 5/4/10 (Document #250). (mro) (Entered: 05/14/2010)






05/14/2010 265 SELECTED TRIAL EXHIBITS SUBMITTED BY DEFENDANT NEW YORK STATEEDUCATION DEPARTMENT FOR REMAND PROCEEDING. VOLUME 11 OF 21.




Document filed by New York State Education Department. ***Accepted for filing by theHonorable Kimba M. Wood on 5/4/10 (Document #250). (mro) (Entered: 05/14/2010)











05/14/2010 276 BRIEF re: 243 Order, Set Deadlines/Hearings,,. Document filed by Board of Education ofthe New York City School District of the City of New York.(Foley, Eamonn) (Entered:05/14/2010)

05/17/2010 277 TRIAL TRANSCRIPTS VOLUME I OF II. ***Accepted for filing by the HonorableKimba M. Wood on 5/4/10 (Document #250).(mro) (Entered: 05/17/2010)





05/17/2010 278 TRIAL TRANSCRIPTS VOLUME II OF II. ***Accepted for filing by the HonorableKimba M. Wood on 5/4/10 (Document #250).(mro) (Entered: 05/17/2010)

05/17/2010 279 TRIAL EXHIBITS SUBMITTED BY PLAINTIFF CLASS IN CONNECTION WITHREMAND SUBMISSIONS VOLUME I OF II. ***Accepted for filing by the HonorableKimba M. Wood on 5/4/10 (Document #250).(mro) (Entered: 05/17/2010)

05/17/2010 280 TRIAL EXHIBITS SUBMITTED BY PLAINTIFF CLASS IN CONNECTION WITHREMAND SUBMISSIONS VOLUME II OF II. ***Accepted for filing by the HonorableKimba M. Wood on 5/4/10 (Document #250).(mro) (Entered: 05/17/2010)

05/17/2010 281 TRIAL EXHIBITS SUBMITTED BY DEFENDANT CITY BOARD IN SUPPORT OFITS POST REMAND SUBMISSION VOLUME I OF II. ***Accepted for filing by theHonorable Kimba M. Wood on 5/4/10 (Document #250).(mro) (Entered: 05/17/2010)

05/17/2010 282 TRIAL EXHIBITS SUBMITTED BY DEFENDANT CITY BOARD IN SUPPORT OFITS POST REMAND SUBMISSION VOLUME II OF II. ***Accepted for filing by theHonorable Kimba M. Wood on 5/4/10 (Document #250)(mro) (Entered: 05/17/2010)

05/18/2010 283 ENDORSED LETTER addressed to Judge Kimba M. Wood from Bruce B. McHale dated5/17/10 re: Accordingly, to complete the remand record, the parties and amicus requestthat the Court endorse this letter ordering that the Records Management Unit/SealedDocuments clerk receive previously-sealed trial exhibits and transcripts in paper form,and note their receipt on the docket, subject to the court's standard sealing restrictions.ENDORSEMENT: Granted. The Court realizes that the Sealed Records Office does notusually accept previously sealed exhibits and transcripts. Due to the unusual proceduralhistory of this action, however, it is necessary that these documents be accepted and notedon the record. So Ordered. (Signed by Judge Kimba M. Wood on 5/18/10) (rjm) (Entered:05/18/2010)

05/18/2010 Transmission to Sealed Records Clerk. Transmitted re: 283 Endorsed Letter, to the SealedRecords Clerk for the sealing or unsealing of document or case. (rjm) (Entered:05/18/2010)

05/20/2010 284 SEALED DOCUMENT placed in vault.(nm) (Entered: 05/20/2010)


06/01/2010 286 ENDORSED LETTER: addressed to Judge Kimba M. Wood from Joshua S. Sohn dated5/25/2010 re: Counsel for plaintiff request permission to submit a reply to respond toissues raised in the joint opposition if it would assist the Court in rendering its decision.ENDORSEMENT: Plaintiff shall submit a reply of no more than 25 pages by no laterthan June 11, 2010. defendants may submit a sur-reply of no more than 15 pages by nolater than June 21, 2010. So Ordered. (Signed by Judge Kimba M. Wood on 5/28/2010)(js) (Entered: 06/01/2010)

06/03/2010 287 LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated 5/27/10 re: Iwrite in opposition to plaintiffs' letter request dated 5/25/10 for an order amending theCourt's December 8, 2009 Order to permit plaintiffs the opportunity to submit a replymemorandum of law. Document filed by New York State Education Department.(mro)(Entered: 06/03/2010)

06/03/2010 288 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated6/3/2010 re: BOE is of the view that SED should be given an opportunity to submit itsown sur-reply in addition to any sur-reply to be submitted by BOE. ENDORSEMENT:Granted. The SED may submits a sur-reply addressing the issues presented in the SED'sinitial amicus brief. The SED's sur-reply shall be submitted by no later than June 21, 2010







and shall be no longer than 15 pages. (Signed by Judge Kimba M. Wood on 6/3/2010)(jpo) (Entered: 06/03/2010)

06/04/2010 289 ORDER that the Court declines to grant any extension of the schedule for the reply briefand the sur-reply brief. If the Court were to grant this extension, it would result in a four-week delay in this very aged case, because opposing counsel would then need anadditional two weeks to prepare its sur-reply. Although the Court is sympathetic tocounsels' competing burdens, this case needs to take precedence over other mattersbecause of its age. (Signed by Judge Kimba M. Wood on 6/4/10) (cd) (Entered:06/04/2010)

06/11/2010 290 BRIEF re: 247 Brief,, in further support of Plaintiffs' remand submission. Document filedby Elsa Gulino.(Sohn, Joshua) (Entered: 06/11/2010)

06/21/2010 291 REPLY MEMORANDUM OF LAW in Support re: 243 Order, Set Deadlines/Hearings,,[Sur-Reply Remand Memorandum by Amicus Curiae New York State EducationDepartment]. Document filed by New York State Education Department. (McHale,Bruce) (Entered: 06/21/2010)

06/21/2010 292 FILING ERROR - WRONG DOCUMENT TYPE SELECETD FROM MENU - BRIEFre: 243 Order, Set Deadlines/Hearings, (Sur-Reply). Document filed by Board ofEducation of the New York City School District of the City of New York.(Foley, Eamonn)Modified on 6/22/2010 (KA). (Entered: 06/21/2010)

06/22/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Noteto Attorney Eamonn F. Foley to RE-FILE Document 292 Brief. Use the event typeReply(non-motion) found under the event list Other Answers. (KA) (Entered:06/22/2010)

06/22/2010 293 REPLY re: 243 Order, Set Deadlines/Hearings,, Sur-Reply Remand Submission.Document filed by Board of Education of the New York City School District of the Cityof New York. (Foley, Eamonn) (Entered: 06/22/2010)

08/13/2010 294 ORDER BOE Brief due by 8/27/2010. Plaintiff Responses due by 9/10/2010. BOE Replydue by 9/17/2010. The State Department of Education may submit an amicus brief by nolater than 9/17/10. (Signed by Judge Kimba M. Wood on 8/12/10) (cd) (Entered:08/13/2010)

08/18/2010 295 REVISED SCHEDULING ORDER: (1) Defendant The Board of Education's (BOE)initial brief due by September 17, 2010; (2) Plaintiffs' response due by October 1, 2010;(3) BOE may reply by October 8, 2010; and (4) the State Department of Education mayfile an amicus brief by October 8, 2010. (Motions due by 9/17/2010. Responses due by10/1/2010. Replies due by 10/8/2010.) (Signed by Judge Kimba M. Wood on 8/18/10)(db) (Entered: 08/18/2010)

09/16/2010 296 REVISED SCHEDULING ORDER: Defendant The Board of Education's initial briefshall be submitted by no later than 9/20/2010. Plaintiffs' shall submit a response by nolater than 10/4/2010. BOE may reply by no later than 10/11/2010. the State Department ofEducation may file an amicus brief by no later than 10/11/2010. (Signed by Judge KimbaM. Wood on 9/16/2010) (tro) (Entered: 09/16/2010)

09/16/2010 Set Deadlines/Hearings: Initial brief due 9/20/2010; Amicus Brief due by 10/11/2010.(tro) (Entered: 09/16/2010)

09/20/2010 297 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROMMENU(MEMORANDUM) BRIEF re: 294 Order, Set Deadlines/Hearings. Documentfiled by Board of Education of the New York City School District of the City of NewYork.(Foley, Eamonn) Modified on 9/21/2010 (KA). (Entered: 09/20/2010)


















09/21/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Noteto Attorney Eamonn F. Foley to RE-FILE Document 297 Brief. Use the event typeMemorandum of Law(non-motion) found under the event list Other Answers. (KA)(Entered: 09/21/2010)

09/21/2010 298 MEMORANDUM OF LAW re: 294 Order, Set Deadlines/Hearings. Document filed byBoard of Education of the New York City School District of the City of New York.(Foley, Eamonn) (Entered: 09/21/2010)

10/04/2010 299 SUPPLEMENTAL MEMORANDUM OF LAW re: 294 Order, Set Deadlines/Hearings.Document filed by Nia Greene, Elsa Gulino, Mayling Ralph, Peter Wilds. (Sohn, Joshua)(Entered: 10/04/2010)

10/04/2010 300 AFFIRMATION of Joshua S. Sohn re: 294 Order, Set Deadlines/Hearings. Documentfiled by Nia Greene, Elsa Gulino, Mayling Ralph, Peter Wilds. (Attachments: # 1 ExhibitA, # 2 Exhibit B, # 3 Exhibit C Part 1, # 4 Exhibit C Part 2, # 5 Exhibit C Part 3)(Sohn,Joshua) (Entered: 10/04/2010)

10/06/2010 301 REVISED SCHEDULING ORDER: The Board of Education Reply brief due by10/13/2010. The State Department of Education may file an amicus brief by no later than10/13/10. (Signed by Judge Kimba M. Wood on 10/6/10) (cd) (Entered: 10/06/2010)

10/13/2010 302 SUPPLEMENTAL MEMORANDUM OF LAW re: 294 Order, Set Deadlines/HearingsSupplemental Remand Submission by Amicus Curiae New York State EducationDepartment Pursuant to This Court's August 12, 2010 Order. Document filed by NewYork State Education Department. (McHale, Bruce) (Entered: 10/13/2010)

10/13/2010 303 TRIAL EXHIBITS SUBMITTED IN CONNECTION WITH THE SUPPLEMENTALREMAND PROCEEDINGS PURSUANT TO THE AUGUST 12, 2010 ORDER (PLExs. 18,19,21,53,70,74,98,100,101,222,267,269,272). ***Accepted for filing by theHonorable Kimba M. Wood on 5/4/10, document number 250.(mro) (Entered:10/13/2010)

10/13/2010 304 REPLY MEMORANDUM OF LAW re: 294 Order, Set Deadlines/Hearings SupplementalReply Submission on Remand Pursuant to The Court's August 12, 2010, Order. Documentfiled by Board of Education of the New York City School District of the City of NewYork. (Foley, Eamonn) (Entered: 10/13/2010)

10/13/2010 305 DECLARATION of Eamonn F. Foley in Support of City Board's Supplemental RemandSubmission. Document filed by Board of Education of the New York City School Districtof the City of New York. (Foley, Eamonn) (Entered: 10/13/2010)

07/18/2011 306 ENDORSED LETTER ("Defendant's Letter-Request for Class Decertification")addressed to Judge Kimba M. Wood from Eamonn F. Foley dated 7/18/2011 re: I write torequest that the Court decertify the class based upon the Supreme Court's decision in Wal-Mart Stores, Inc. v. Dukes, No. 10-277, slip op.__,564 U.S.__. ENDORSEMENT: It isthis 18th day of July, 2011, ordered that the Clerk of Court shall enter this document inthe docket herein as "Defendant's Letter-Request for Class Decertification". (Signed byJudge Kimba M. Wood on 7/18/2011) (rdz) (Entered: 07/18/2011)

07/18/2011 307 ORDER re: 306 Endorsed Letter. Defendant's Brief due by 8/5/2011. Plaintiff's Responsedue by 8/19/2011. Defendant's Reply due by 9/2/2011. Any memoranda of law shall notexceed 25 pages, except that any reply memorandum shall not exceed 15 pages. Thememoranda shall each contain a Table of Contents and a Table of Authorities. (Signed byJudge Kimba M. Wood on 7/18/2011) (rdz) (Entered: 07/18/2011)

08/05/2011 308 BRIEF re: 307 Order, Set Deadlines,, Concerning Effect of Wal-Mart v Dukes and inSupport of City Board's Motion to Decertify the Class. Document filed by Board of


























Education of the New York City School District of the City of New York.(Foley, Eamonn)(Entered: 08/05/2011)

08/19/2011 309 REPLY MEMORANDUM OF LAW in Opposition To Defendants' Request To DecertifyThe Plaintidd Class. Document filed by Nia Greene, Elsa Gulino, Mayling Ralph, PeterWilds. (Sohn, Joshua) (Entered: 08/19/2011)

09/06/2011 310 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated9/1/2011 re: I am the Assistant Corporation Counsel assigned to represent defendant NewYork City Department of Education ("BOE") in this action. I write to respectfully requesta two week extension of the date set in the Court's July 18, 2011, Order for filing ofBOE's reply brief concerning the effect in this case of the Supreme Court's decision inWal-Mart Stores, Inc. v. Dukes. BOE respectfully requests that its time to file a replybrief, which is currently due September 2, 2011, be extended to September 16, 2011.ENDORSEMENT: Request denied. Defendant's reply brief shall be filed by 5:00 p.m.today, Tuesday, September 6, 2011. ( Reply due by 9/6/2011.) (Signed by Judge KimbaM. Wood on 9/6/2011) (lmb) (Entered: 09/06/2011)

09/06/2011 311 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - BRIEFre: 307 Order, Set Deadlines,, in Reply. Document filed by Board of Education of theNew York City School District of the City of New York.(Foley, Eamonn) Modified on9/7/2011 (ka). (Entered: 09/06/2011)

09/07/2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Noteto Attorney Eamonn F. Foley to RE-FILE Document 311 Brief. Use the event type ReplyMemorandum of Law(non-motion) found under the event list Other Answers. (ka)(Entered: 09/07/2011)

09/07/2011 312 REPLY MEMORANDUM OF LAW. Document filed by Board of Education of the NewYork City School District of the City of New York. (Foley, Eamonn) (Entered:09/07/2011)

10/03/2011 313 ORDER: By October 14, 2011, Plaintiffs shall fax to the Court a written response to thefollowing questions. Defendant shall fax a reply to the Court by October 21, 2011.Specify exactly what injunctive relief Plaintiffs are seeking. Specify exactly whatmonetary damages Plaintiffs are seeking. Plaintiffs contend that Defendant does notchallenge the current class to the extent that it seeks injunctive/declaratory relief.Plaintiffs thus suggest that injunctive/declaratory relief can be separated out from anymonetary relief, pursuant to Federal Rule of Civil Procedure ("Rule") 23(c)(4). Plaintiffsare directed to specify the procedures that they believe should be followed to effectuatethe relief they seek. Will all relief be accorded on a class-wide basis, or do Plaintiffscontemplate that back pay or any other form of individualized monetary relief will beadjudicated on an individual basis? (Signed by Judge Kimba M. Wood on 10/3/2011) (jfe)(Entered: 10/03/2011)

10/20/2011 314 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated10/20/2011 re: Counsel for the Defendant writes to request an extension of time until10/28/2011 to file a reply. ENDORSEMENT: Granted. No further extensions. (Signed byJudge Kimba M. Wood on 10/20/2011) (ab) (Entered: 10/20/2011)

10/28/2011 315 NOTICE OF APPEARANCE by Antoinette W Blanchette on behalf of New York StateEducation Department (Blanchette, Antoinette) (Entered: 10/28/2011)

10/28/2011 316 REPLY re: 313 Order,,,. Document filed by Board of Education of the New York CitySchool District of the City of New York. (Foley, Eamonn) (Entered: 10/28/2011)

01/24/2012 317 ENDORSED LETTER addressed to Judge Kimba M Wood from Charles E Enloe dated1/17/2012 re: Request that my name be removed from the docket sheet and all service















lists. ENDORSEMENT: So Ordered. (Signed by Judge Kimba M. Wood on 1/24/2012)(cd) (Entered: 01/24/2012)

01/26/2012 318 MOTION for Anjana Samant to Withdraw as Attorney of Record for Plaintiffs. Documentfiled by Nia Greene, Elsa Gulino, Mayling Ralph, Peter Wilds.(Samant, Anjana) (Entered:01/26/2012)

04/04/2012 319 MEMO ENDORSEMENT ON MOTION TO WITHDRAW AS ATTORNEY OFRECORD: granting 318 Motion to Withdraw as Attorney. Attorney Anjana Samantterminated as she is no longer employed by the Center for Constitutional Rights. (Signedby Judge Kimba M. Wood on 4/3/2012) (djc) (Entered: 04/04/2012)

09/26/2012 320 Letter addressed to Judge Kimba M. Wood from Joshua S. Sohn dated 10/14/2011 re: Werepresent the plaintiff class in this action. Pursuant to the Court's October 3, 2011 Order,we write to address the following questions posed by the Court: (1) what declaratory andinjunctive relief is the plaintiff class seeking; (2) what monetary relief is the plaintiff classseeking; and (3) will all damages be assessed on a class-wide basis or will monetarydamages be assessed on an individual basis. (rjm) (Entered: 09/26/2012)

12/05/2012 321 OPINION AND ORDER: #102658 For the reasons set forth above, the Court grants inpart and denies in part Defendant's motion to decertify the Plaintiff class. The classsurvives only as to the declaratory judgment ofthe Board's liability under Title VII(contained in this Opinion), and injunctive relief benefitting the class as a whole. Withrespect to the Board's liability, the Court finds that: (1) the Board may be subject to TitleVII liability for its use of the LAST; (2) the Board violated Title VII by requiringPlaintiffs to pass the exam in order to receive a permanent teaching license because theLAST was not properly validated; and (3) the Board did not violate Title VII by reducingPlaintiffs' salaries, benefits, and seniority for failing to pass the Core Battery exam. TheCourt will hold a status conference in this case on January 10,2013, at 2:00 p.m. inCourtroom 18B. Plaintiffs are directed to submit a letter to the Court by December 13,2012 identifying what steps need to be taken in the remedial phase of this action.Defendant is directed to reply to Plaintiffs' submission by December 20, 2012. (Signed byJudge Kimba M. Wood on 12/04/2012) (ago) Modified on 12/11/2012 (jab). (Entered:12/05/2012)

12/05/2012 Set/Reset Hearings: Status Conference set for 1/10/2013 at 02:00 PM before Judge KimbaM. Wood. (ago) (Entered: 12/05/2012)

12/18/2012 322 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated12/18/2012 re: For the foregoing reasons, defendant respectfully requests that its time tofile its reply letter, which is currently due on December 20,2012, be extended toDecember 27,2012. ENDORSEMENT: GRANTED. SO ORDERED., ( Replies due by12/27/2012.) (Signed by Judge Kimba M. Wood on 12/18/2012) (ama) (Entered:12/18/2012)

01/02/2013 323 ENDORSED LETTER addressed to Judge Kimba M. Wood, from Antoinette W.Blanchette, dated 12/28/2012, re: SED is in receipt of defendant Board of Education'sletter dated December 27, 2012. Requests the Court's leave to submit a letter, by January11, 2013. ENDORSEMENT: GRANTED. (Signed by Judge Kimba M. Wood on1/2/2013) (ja) (Entered: 01/02/2013)

01/23/2013 Minute Entry for proceedings held before Judge Kimba M. Wood: Status Conference heldon 1/23/2013, (see transcript). Plaintiffs' motion to certify the class under 23(b)(3) is dueby February 22, 2013. Defendants' opposition is due by March 25, 2013. Plaintiffs' replyis due by April 1, 2013. The Court restricts discovery to passage rates on the currentversion of the LAST and directs the parties to seek such data from SED and NES. (cd)(Entered: 01/25/2013)









01/23/2013 Set/Reset Deadlines: Motion due by 2/22/2013. Response due by 3/25/2013 Reply due by4/1/2013. (cd) (Entered: 01/25/2013)

01/28/2013 324 Letter addressed to Judge Kimba M. Wood, from Joshua S. Sohn, dated 12/13/2013, re: inresponse to this Court's December 4, 2012 Order (the "Liability Ruling") directing theparties to advise the Court of the anticipated steps in the remedial phase of thisproceeding following the Court's finding that the LAST was not job related and thereforeviolated Title VII. Document filed by Nia Greene, Elsa Gulino, Mayling Ralph, PeterWilds.(ja) (Entered: 01/28/2013)

01/28/2013 325 Letter addressed to Judge Kimba M. Wood, from Eammon F. Foley, dated 12/27/2012, re:I am an Assistant Corporation Counsel assigned to represent defendant Board ofEducation of the City School District of the City of New York. In response to the Court'sDecember 4, 2012, Opinion & Order ("Liability Ruling") directing the parties to identifythe steps to be taken in the remedial phase of this action. Document filed by New YorkState Education Department.(ja) (Entered: 01/28/2013)

01/28/2013 326 OPINION & ORDER: #102921 For the foregoing reasons, the Board's December 27,2012 motion for certification of interlocutory appeal of the December 6, 2012 Opinion isGRANTED. Given the age of the case, the Court declines to stay proceedings pendingresolution of the appeal. (Signed by Judge Kimba M. Wood on 1/28/2013) (cd) Modifiedon 2/22/2013 (jab). (Entered: 01/28/2013)

01/28/2013 327 Letter addressed to Judge Kimba M. Wood, from Antoinette W. Blanchette, dated1/11/2013, re: The Office of the Attorney General represents amicus curiae New YorkState Education Department ("SED"), and submits this letter in response to defendantBoard of Education's letter dated December 27, 2012. As an initial matter,notwithstanding the City Board's suggestion, SED will not move to intervene in theremedial phase of this litigation. Document filed by New York State EducationDepartment.(ja) (Entered: 01/28/2013)

02/22/2013 328 MOTION to Certify Class of a Reemedy-Phase Under Rule 23(B)(3). Document filed byElsa Gulino. Responses due by 4/22/2013(Sohn, Joshua) (Entered: 02/22/2013)

02/22/2013 329 MEMORANDUM OF LAW in Support re: 328 MOTION to Certify Class of a Reemedy-Phase Under Rule 23(B)(3).. Document filed by Elsa Gulino. (Sohn, Joshua) (Entered:02/22/2013)

02/22/2013 330 DECLARATION of Anthony Gill in Support re: 328 MOTION to Certify Class of aReemedy-Phase Under Rule 23(B)(3).. Document filed by Elsa Gulino. (Attachments: # 1Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5)(Sohn, Joshua) (Entered: 02/22/2013)

02/22/2013 331 DECLARATION of Whitman T. Soule in Support re: 328 MOTION to Certify Class of aReemedy-Phase Under Rule 23(B)(3).. Document filed by Elsa Gulino. (Sohn, Joshua)(Entered: 02/22/2013)

02/22/2013 332 DECLARATION of Peter Wilds in Support re: 328 MOTION to Certify Class of aReemedy-Phase Under Rule 23(B)(3).. Document filed by Elsa Gulino. (Sohn, Joshua)(Entered: 02/22/2013)

03/19/2013 333 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated3/18/2013 re: Counsel writes to request that the Court enter an order permitting BOE toobtain from plaintiffs certain limited discovery, which BOE needs in order toappropriately assess and respond to plaintiffs' motion for certification of a damages classunder Fed. R. Civ. P. 23. In addition, in order to permit a reasonable period of time forthis discovery to take place, BOE also requests a thirty day extension of the date forservice of their opposition papers on the class certification motion, from March 25, 2013,



















to April 24, 2013. ENDORSEMENT: BOEs counsel should have requested leave toredepose Mr. Wilds over three weeks ago. The Court is concerned that the CorporationCounsels Office is not doing what is necessary in this 16-year old case, to move the casealong. The Court will nonetheless grant a twenty (20) day extension for discovery, inorder for the Court to have before it the facts necessary to adjudicate the case. AssistantCorporation Counsel Foley is directed to show this Memo Endorsement to CorporationCounsel Cardozo. The Court does not need an explanation for any of the all too numerousdelays to date. The Court needs adequate staffing on this case from today forward.(Signed by Judge Kimba M. Wood on 3/19/2013) (ft) (Entered: 03/19/2013)

04/03/2013 334 ORDER of USCA (Certified Copy) USCA Case Number 13-0472. Petitioner, Board ofEducation of the New York City School District of the City of New York, throughcounsel, moves, pursuant to 28 U.S.C 1292(b), for leave to appeal an interlocutory orderof the District Court. Upon due consideration, it is hereby ORDERED that the motion isGRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued AsOrder: 3/19/2013. Certified: 4/3/2013. (New USCA case no. 13-1001)($455.00 Appealfiling fee due). (nd) (Entered: 04/03/2013)

04/03/2013 335 ENDORSED LETTER addressed to Judge Kimba M. Wood from Joshua S. Sohn dated3/29/2013 re: We represent the plaintiff class in this case and write to oppose thedefendant Board of Education's ("BOE") latest request for a stay in this case.ENDORSEMENT: The Court finds that a stay of proceedings is inappropriate in light ofthe interest in a speedy resolution of this case which has been pending for more thanseventeen years. Consequently, Defendant's renewed request for a stay is denied. (Signedby Judge Kimba M. Wood on 4/3/2013) (ft) (Entered: 04/03/2013)

04/04/2013 USCA Appeal Fees received $ 455.00 receipt number 465401064139 on 4/4/2013 re: 334USCA Order granting leave to appeal an interlocutory order of District Court pursuant to28 U.S.C. 1292(b). [ USCA Case no. 13-1001-cv.] (nd) (Entered: 04/04/2013)

04/15/2013 336 DECLARATION of Foley in Opposition re: 328 MOTION to Certify Class of aReemedy-Phase Under Rule 23(B)(3).. Document filed by Board of Education of the NewYork City School District of the City of New York. (Attachments: # 1 Exhibit A-F)(Foley,Eamonn) (Entered: 04/15/2013)

04/15/2013 337 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Becker inOpposition re: 328 MOTION to Certify Class of a Reemedy-Phase Under Rule 23(B)(3)..Document filed by Board of Education of the New York City School District of the Cityof New York. (Attachments: # 1 Affidavit A-B)(Foley, Eamonn) Modified on 4/16/2013(ldi). (Entered: 04/15/2013)

04/15/2013 338 DECLARATION of Erath in Opposition re: 328 MOTION to Certify Class of a Reemedy-Phase Under Rule 23(B)(3).. Document filed by Board of Education of the New YorkCity School District of the City of New York. (Attachments: # 1 Exhibit A)(Foley,Eamonn) (Entered: 04/15/2013)

04/15/2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKETENTRY ERROR. Note to Attorney Eamonn F. Foley to RE-FILE Document 337Declaration in Opposition to Motion. ERROR(S): No signature or s/. (ldi) (Entered:04/16/2013)

04/16/2013 339 DECLARATION of Aloia in Opposition re: 328 MOTION to Certify Class of a Reemedy-Phase Under Rule 23(B)(3).. Document filed by Board of Education of the New YorkCity School District of the City of New York. (Foley, Eamonn) (Entered: 04/16/2013)

04/16/2013 340 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #341) -MEMORANDUM OF LAW in Opposition re: 328 MOTION to Certify Class of a




















Reemedy-Phase Under Rule 23(B)(3).. Document filed by Board of Education of the NewYork City School District of the City of New York. (Foley, Eamonn) Modified on4/16/2013 (ldi). (Entered: 04/16/2013)

04/16/2013 341 AMENDED MEMORANDUM OF LAW in Opposition re: 328 MOTION to CertifyClass of a Reemedy-Phase Under Rule 23(B)(3).. Document filed by Board of Educationof the New York City School District of the City of New York. (Foley, Eamonn) (Entered:04/16/2013)

04/16/2013 342 DECLARATION of Becker in Opposition re: 328 MOTION to Certify Class of aReemedy-Phase Under Rule 23(B)(3).. Document filed by Board of Education of the NewYork City School District of the City of New York. (Attachments: # 1 Exhibit A-B)(Foley,Eamonn) (Entered: 04/16/2013)

04/17/2013 343 NOTICE OF APPEARANCE by Benjamin Welikson on behalf of Board of Education ofthe New York City School District of the City of New York (Welikson, Benjamin)(Entered: 04/17/2013)

04/18/2013 344 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated4/4/2013 re: BOE respectfully requests that the Court direct plaintiffs promptly to provide(i) the identifying number for the individuals sorted by Mr. Soule into Groups 1(a) - 1(d)and Groups 2(a) - 2(d) and (ii) the program and component commands that Mr. Souleused in his analysis to arrive at the counts of individuals ill each or these categories.ENDORSEMENT: GRANTED. Plaintiffs shall produce the requested information nolater than May 2, 2013. (Signed by Judge Kimba M. Wood on 4/18/2013) (ft) Modified on4/18/2013 (ft). (Entered: 04/18/2013)

04/22/2013 345 REPLY MEMORANDUM OF LAW in Support re: 328 MOTION to Certify Class of aReemedy-Phase Under Rule 23(B)(3).. Document filed by Elsa Gulino. (Sohn, Joshua)(Entered: 04/22/2013)

04/22/2013 346 REPLY AFFIDAVIT of Anthony Gill in Support re: 328 MOTION to Certify Class of aReemedy-Phase Under Rule 23(B)(3).. Document filed by Elsa Gulino. (Attachments: # 1Exhibit A, # 2 Exhibit B)(Sohn, Joshua) (Entered: 04/22/2013)

04/22/2013 347 REPLY AFFIDAVIT of Whitman Soule in Support re: 328 MOTION to Certify Class of aReemedy-Phase Under Rule 23(B)(3).. Document filed by Elsa Gulino. (Sohn, Joshua)(Entered: 04/22/2013)

04/23/2013 348 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/23/2013 before JudgeKimba M. Wood. Court Reporter/Transcriber: Samuel Mauro, (212) 805-0300. Transcriptmay be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. After thatdate it may be obtained through PACER. Redaction Request due 5/17/2013. RedactedTranscript Deadline set for 5/28/2013. Release of Transcript Restriction set for 7/25/2013.(Rodriguez, Somari) (Entered: 04/23/2013)

04/23/2013 349 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a CONFERENCE proceeding held on 1/23/13 has been filed by thecourt reporter/transcriber in the above-captioned matter. The parties have seven (7)calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotely electronicallyavailable to the public without redaction after 90 calendar days...(Rodriguez, Somari)(Entered: 04/23/2013)

05/16/2013 350 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated5/10/2013 re: BOE requests that the Court hold plaintiffs' pending motion for classcertification in abeyance until June 14, 2013. ENDORSEMENT: Plaintiffs must complete





















production in accord with the Court's April 18, 2013 Order no later than May 24, 2013.BOE must request leave to submit any reply to Plaintiffs' class certification motion nolater than May 31, 2013. (Signed by Judge Kimba M. Wood on 5/15/2013) (ft) (Entered:05/16/2013)

05/16/2013 351 Appeal Record Sent to USCA (Index). Notice that the Original index to the record onAppeal USCA Case Number 13-1001-cv, 3 Copies of the index, Certified ClerkCertificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp)(nd). (Entered: 05/16/2013)

05/24/2013 352 Letter addressed to Judge Sidney H. Stein from Eamonn F. Foley dated 11/14/08 re:Counsel for the New York City Department of Education joins in the request of the NewYork State board of Regents, New York State Education Commissioner Richard Mills andthe New York State Education Department for an order that they may intervene as partiesin this action as a matter of right under FRCP 24(a)(2) or allowing them permissiveintervention under Rule 24(b). Document filed by New York State Education Department.***Accepted for filing as a docket and file by Chambers. (mro) (Entered: 05/24/2013)

05/24/2013 353 Letter addressed to Judge Kimba M. Wood from Eamonn F. Foley dated 9/15/10 re:Counsel writes to request a three day extension of the briefing schedule set forth in YourHonor's 8/18/10 order. Document filed by New York State Education Department.***Accepted for filing as a docket and file by Chambers. (mro) (Entered: 05/24/2013)

05/24/2013 354 Letter addressed to Judge Kimba M. Wood from Charles E. Enloe dated 1/14/11 re:Counsel writes to inform Your Honorof recent federal legislation that affects the holdingof Renee v. Duncan 623 F.2d 787 (9th Cir. 2010), a case cited in SED's SupplementalRemand Submission. Document filed by New York State Education Department.***Accepted for filing as a docket and file by Chambers. (mro) (Entered: 05/24/2013)

05/24/2013 355 Letter addressed to Judge Kimba M. Wood from Charles E. Enloe dated 5/13/11 re:Counsel writes to advise that it joins in this letter to draw Your Honor's attention to theSecond Circuit's recent decision in United States v. Brennan, F.3d, 2011 WL 1679850(May 5, 2011). ***Accepted for filing as a docket and file by Chambers. (mro) (Entered:05/24/2013)

05/24/2013 356 Letter addressed to Judge Kimba M. Wood from Anthony D. Gill dated 5/27/11 re:Counsel writes in response to the amicus curiae NYS Education Department's 5/13/11letter regarding the Second Circuit Court of Appeals decision in U.S. v. Brennan 2001WL 1679850 (2d. Cir. May 5, 2011). ***Accepted for filing as a docket and file byChambers. (mro) (Entered: 05/24/2013)

05/24/2013 357 Letter addressed to Judge Kimba M. Wood from Charles E. Enloe dated 8/25/11 re:Counsel writes to draw Your Honor's attention to the Second Circuit's recent decision inBriscoe v. City of New Haven, F.3d, 2011 WL 3560001 (Aug. 15, 2011). ***Accepted forfiling as a docket and file by Chambers. (mro) (Entered: 05/24/2013)

05/24/2013 358 Letter addressed to Judge Kimba M. Wood from Joshua S. Sohn dated 8/30/11 re:Counsel writes to urge the Court, yet again, to absolve Defendant Board of Education ofany liability for using and misusing the LAST and NTE exams. ***Accepted for filing asa docket and file by Chambers. (mro) (Entered: 05/24/2013)

05/24/2013 359 Letter addressed to Judge Kimba M. Wood from Joshua S. Sohn dated 11/30/11 re:Counsel writes to bring to the Court's attention a receive decision from another DistrictCourt in this Circuit, Easterling v. Conn. Dep't of Correction, 3:08-cv-826(JCH), 2011WL 5864829 (D. Conn. Nov. 22, 2011). ***Accepted for filing as a docket and file byChambers. (mro) (Entered: 05/24/2013)

05/24/2013 360 Letter addressed to Judge Kimba M. Wood from Joshua S. Sohn dated 3/6/12 re: Counsel




represents the plaintiff and writes to bring additional authority to the Court's attention.***Accepted for filing as a docket and file by Chambers. (mro) (Entered: 05/24/2013)

05/24/2013 361 Letter addressed to Judge Kimba M. Wood from Joshua S. Sohn dated 11/20/12 re:Counsel for the plaintiff writes pursuant to Your Honor's individual practices, paragraph2(F) regarding two matters outstanding before the Court that have been pending forlonger than sixty days. ***Accepted for filing as a docket and file by Chambers. (mro)(Entered: 05/24/2013)

05/24/2013 362 Letter addressed to Judge Kimba M. Wood from Eamonn F. Foley dated 3/27/13 re:Counsel for BOE renews its request that Your Honor stay these proceedings pending theSecond Circuit's resolution of the appeal. ***Accepted for filing as a docket and file byChambers. (mro) (Entered: 05/24/2013)

05/24/2013 363 Letter addressed to Judge Kimba M. Wood from Joshua S. Sohn dated 4/5/13 re: Counselwrites to oppose the BOE's 4/4/13 request for discovery from Whitman Soule.***Accepted for filing as a docket and file by Chambers. (mro) (Entered: 05/24/2013)

06/03/2013 364 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated5/31/2013 re: BOE requests leave to file a reply declaration from Christopher Erath infurther Opposition to plaintiffs' class certification motion no later than June 7, 2013.ENDORSEMENT: Mr. Erath's reply declaration shall not exceed ten double-spacedpages. (Signed by Judge Kimba M. Wood on 6/3/2013) (ft) (Entered: 06/03/2013)

06/07/2013 365 REPLY AFFIDAVIT of Christopher Erath in Opposition re: 328 MOTION to CertifyClass of a Reemedy-Phase Under Rule 23(B)(3).. Document filed by Board of Educationof the New York City School District of the City of New York. (Welikson, Benjamin)(Entered: 06/07/2013)

06/18/2013 366 ENDORSED LETTER addressed to Judge Kimba M. Wood from Anthony D. Gill dated6/12/2013 re: The plaintiffs request that the Court order the BOE to produce by June 19,2013 (i) the lists of individuals that fall into the various sub-groups identified in Mr.Erath's April 15, 2013 and June 7, 2013 declarations that are allegedly not properly partof Mr. Soule's Groups 1 and 2, and (ii) the computer programs/commands used by Mr.Erath to tabulate these sub-groups. The plaintiffs also request that Mr, Soule be permittedto submit a response to Mr. Erath's June 7, 2013 declaration of no more than ten double-spaced pages by June 28, 2013. ENDORSEMENT: These requests are denied. (Signed byJudge Kimba M. Wood on 6/17/2013) (ft) Modified on 6/18/2013 (ft). (Entered:06/18/2013)

07/02/2013 367 ORDER TO SHOW CAUSE FOR INJUNCTIVE RELIEF: Defendant Board ofEducation of the City School District of the City of New York ("BOE") shall show causebefore a motion term of this Court, at Room 18B, United States Courthouse, 500 PearlStreet, in the City, County and State of New York, on July 26, 2013, at 2:00 pm, or assoon thereafter as counsel may be heard, why an order should not be issued pursuant toRule 65 of the Federal Rules of Civil Procedure (i) enjoining the BOE from further use ofthe Liberal Arts and Sciences Test ("LAST") in any employment-related decision; and (ii)appointing a monitor to evaluate the validity of the current LAST and any futurereplacement for the current LAST; and it if further ORDERED, that opposition papers, ifany, shall be served no later than July 15,2013; and it is further ORDERED, that replypapers, if any, shall be served no later than July 19, 2013; and it is further ORDERED thatPlaintiffs shall serve a copy of this order and their moving papers to Defendant by date ofbusiness on July 3, 2013. Show Cause Hearing set for 7/25/2013 at 02:00 PM inCourtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Kimba M. Wood.(Signed by Judge Kimba M. Wood on 7/2/2013) (ft) (Entered: 07/03/2013)

07/05/2013 368 DECLARATION of Anthony D. Gill in Support re: 367 Order to Show Cause,,,,,.










Document filed by Nia Greene, Elsa Gulino, Mayling Ralph, Peter Wilds. (Attachments: #1 Text of Proposed Order)(Sohn, Joshua) (Entered: 07/05/2013)

07/05/2013 369 MEMORANDUM OF LAW in Support re: 367 Order to Show Cause,,,,,. Document filedby Nia Greene, Elsa Gulino, Mayling Ralph, Peter Wilds. (Sohn, Joshua) (Entered:07/05/2013)

07/05/2013 370 CERTIFICATE OF SERVICE of Order to Show Cause for Injunctive Relief, Declarationof Anthony D. Gill in Support of Order to Show Cause, Proposed Order for InjunctiveRelief, and Memorandum of Law in Support, served on Eamonn F. Foley (AssistantCorporation Counsel) on July 3, 2013. Document filed by Nia Greene, Elsa Gulino,Mayling Ralph, Peter Wilds. (Sohn, Joshua) (Entered: 07/05/2013)

07/08/2013 371 ENDORSED LETTER addressed to Judge Kimba M. Wood from Benjamin Weliksondated 7/03/2013 re: I write to request that the parties briefing schedule on plaintiffs'motion brought by Order to Show Cause be adjourned by one week. ENDORSEMENT:The hearing is adjourned to August 1, 2013, at 10:00 a.m. Each side will have threehours. Each side must submit their direct examination by Affidavits, due July 27, 2013.Cross-examinations will be live as will redirect and re-Cross-examinations. To the extentthat plaintiffs' brief suggests that the Court "granted...injunctive relief and theappointment of a monitor" in its December 5, 2012 Opinion, Plaintiffs are mistaken (Pls.Br.1). The December 5, 2012 Opinion permitted the class action to proceed with respectto Plaintiffs' request for a monitor, but expressly reserved judgment regarding whethersuch remedies are warranted. (Dkt. No. 321 at 23). SO ORDERED., ( Responses due by7/22/2013, Replies due by 7/26/2013., Show Cause Hearing set for 8/1/2013 at 10:00 AMbefore Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 7/08/2013) (ama)(Entered: 07/08/2013)

07/18/2013 372 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated7/17/2013 re: I am an Assistant Corporation Counsel assigned to represent defendant NewYork City Board of Education ("BOE") in the referenced action. BOE writes seeking anextension of the deadline for it to submit affidavits, which, per the Court's July 8, 2013Order, will serve as direct examination testimony for the August 1, 2013 the hearing onplaintiffs application for injunctive relief. ENDORSEMENT: All parties' deadline forsubmission of direct testimony by Affidavits is Friday, July 26, 2013 at 5:00 p.m. SOORDERED. (Signed by Judge Kimba M. Wood on 7/18/2013) (ama) (Entered:07/18/2013)

07/22/2013 373 DECLARATION of Eamonn Foley in Opposition re: 367 Order to Show Cause,,,,,.Document filed by Board of Education of the New York City School District of the Cityof New York. (Attachments: # 1 Exhibit A-D, # 2 Exhibit E - H, # 3 Exhibit I - J, # 4Exhibit K)(Welikson, Benjamin) (Entered: 07/22/2013)

07/22/2013 374 DECLARATION of Lawrence Becker in Opposition re: 367 Order to Show Cause,,,,,.Document filed by Board of Education of the New York City School District of the Cityof New York. (Welikson, Benjamin) (Entered: 07/22/2013)

07/22/2013 375 DECLARATION of Christopher Erath in Opposition re: 367 Order to Show Cause,,,,,.Document filed by Board of Education of the New York City School District of the Cityof New York. (Welikson, Benjamin) (Entered: 07/23/2013)

07/23/2013 376 MEMORANDUM OF LAW in Opposition re: 367 Order to Show Cause,,,,,. Documentfiled by Board of Education of the New York City School District of the City of NewYork. (Welikson, Benjamin) (Entered: 07/23/2013)

07/23/2013 377 DECLARATION of Amended Declaration of Eamonn Foley - Fixing TypographicalError in Paragraph 2 in Opposition re: 367 Order to Show Cause,,,,,. Document filed by























Board of Education of the New York City School District of the City of New York.(Attachments: # 1 Exhibit A - D, # 2 Exhibit E - H, # 3 Exhibit I - J, # 4 Exhibit K)(Welikson, Benjamin) (Entered: 07/23/2013)

07/23/2013 378 AMENDED MEMORANDUM OF LAW in Opposition re: 367 Order to Show Cause,,,,,with Table of Contents and Table of Authorities. Document filed by Board of Education ofthe New York City School District of the City of New York. (Welikson, Benjamin)(Entered: 07/23/2013)

07/25/2013 379 DECLARATION of Lawrence Becker with redactions to Exhibit B, previously filed atDocket Entry 342 in Opposition re: 328 MOTION to Certify Class of a Reemedy-PhaseUnder Rule 23(B)(3).. Document filed by Board of Education of the New York CitySchool District of the City of New York. (Attachments: # 1 Exhibit A - B)(Welikson,Benjamin) (Entered: 07/25/2013)

07/26/2013 380 DECLARATION of Lawrence Becker In Opposition to Plaintiffs' Motion for InjunctiveRelief and as Direct Testimony for the Order To Show Cause Hearing in Opposition re:371 Endorsed Letter, Set Deadlines/Hearings,,,,,,,,. Document filed by Board of Educationof the New York City School District of the City of New York. (Welikson, Benjamin)(Entered: 07/26/2013)

07/26/2013 381 DECLARATION of Christopher Erath In Opposition to Plaintiffs' Motion for InjunctiveRelief and as Direct Testimony for the Order To Show Cause Hearing in Opposition re:371 Endorsed Letter, Set Deadlines/Hearings,,,,,,,,. Document filed by Board of Educationof the New York City School District of the City of New York. (Welikson, Benjamin)(Entered: 07/26/2013)

07/26/2013 382 DECLARATION of Stephanie Wood-Garnett In Opposition to Plaintiffs' Motion forInjunctive Relief and as Direct Testimony for the Order To Show Cause Hearing inOpposition re: 371 Endorsed Letter, Set Deadlines/Hearings,,,,,,,,. Document filed byBoard of Education of the New York City School District of the City of New York.(Attachments: # 1 Exhibit A - B, # 2 Exhibit C - E)(Welikson, Benjamin) (Entered:07/26/2013)

07/26/2013 383 AFFIDAVIT of Thomas A DiPrete in Support re: 371 Endorsed Letter, SetDeadlines/Hearings,,,,,,,,. Document filed by Nia Greene, Elsa Gulino, Mayling Ralph,Peter Wilds. (Attachments: # 1 Exhibit A)(Sohn, Joshua) (Entered: 07/26/2013)

07/26/2013 384 REPLY MEMORANDUM OF LAW in Support re: 367 Order to Show Cause,,,,,.Document filed by Nia Greene, Elsa Gulino, Mayling Ralph, Peter Wilds. (Sohn, Joshua)(Entered: 07/26/2013)

07/26/2013 385 DECLARATION of Joshua S. Sohn in Support re: 367 Order to Show Cause,,,,,.Document filed by Nia Greene, Elsa Gulino, Mayling Ralph, Peter Wilds. (Attachments: #1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sohn, Joshua) (Entered: 07/26/2013)

08/28/2013 Minute Entry for proceedings held before Judge Kimba M. Wood: Evidentiary Hearingheld on 8/28/2013. Attorneys Joshua Sohn, Anthony Gill and Spencer Stiefel are presentfor the plaintiffs. Attorneys Eamonn Foley and Benjamin Welikson are present for thedefendants. Court reporter is present. Hearing is held(see transcript). Cross-examinationof Dr. Thomas Albert DiPrete (direct examination in the form of an affidavit). Re-directand re-cross examination of DiPrete. Plaintiff calls Stephanie Wood-Garnett; directexamination. Plaintiff calls Lawrence Becker; direct examination. Defendant shall askany entity necessary, anyone in possession of documents with respect to the validation ofany iteration of the LAST, to gather such documents and make them available to both theCourt and Plaintiffs, as soon as possible. The Court orders the parties to compose a list ofnames of experts who can assess the job relatedness of each iteration of the LAST from






























2004 and forward, and perhaps the job relatedness of more recent tests. Each side shallcompile their own list and meet by 9/12/13, to attempt to agree on an expert. If counselcan agree on an expert(s), they shall contact the expert(s) by 9/20/13, to ask if they arewilling to serve. Counsel shall not meet or communicate with the potential experts unlesscounsel for the opposing side is present. The parties shall write a letter to the Court,informing the Court which day is convenient, during the week of 9/23/13, for the nextconference before the Court. (sc) (Entered: 08/30/2013)

08/28/2013 Minute Entry for proceedings held before Judge Kimba M. Wood: Oral Argument held on8/28/2013. Attorney Joshua Sohn, Anthony Gill and Spencer Stiefel are present for theplaintiffs. Attorneys Eamonn Foley and Benjamin Welikson are present for thedefendants. Court reporter is present. (mro) (Entered: 09/27/2013)

08/29/2013 386 OPINION & ORDER re: 103573 328 MOTION to Certify Class of a Reemedy-PhaseUnder Rule 23(B)(3) filed by Elsa Gulino. For the foregoing reasons, the Court GRANTSPlaintiffs motion to certify a damages class pursuant to Rule 23(b)(3). The members ofthe class include: All African- American and Latino individuals employed as New YorkCity public school teachers by Defendant, on or after June 29, 1995, who failed to achievea qualifying score on LAST-1 before the end of the 2001/2002 school year, and as a resulteither lost or were denied a permanent teaching appointment. Plaintiffs are permitted tosend notice and consent documents to members of this class pursuant to Rule 23(c)(2)(B).The parties shall confer regarding the proper form of this notice, and shall submit to theCourt their agreed-upon notice or, if they cannot agree, their respective proposed forms ofnotice by September 16, 2013. The Court also anticipates decisions regarding classwidedamages calculations and individual hearings to be managed by a special master pursuantto Rule 53. The parties are to submit a joint letter by September 16, 2013 addressing (1)potential candidates to serve as special master in the proceedings, and (2) a proposedschedule for providing notice under Rule 23(c)(2)(B), resolving classwide issues, andconducting individual hearings. The Court will address these issues at the conference thatwill be scheduled during the week of September 23, 2013. (Signed by Judge Kimba M.Wood on 8/29/2013) (rsh) Modified on 9/16/2013 (sdi). (Entered: 08/29/2013)

09/03/2013 387 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated8/30/2013 re: Counsel for defendant New York City Board of Education, writes to advisethe Court that counsel for both parties are available for the next conference on September24, 2013, at 4:30 p.m. ENDORSEMENT: Conference is scheduled for September 24, at4:30 p.m. (Status Conference set for 9/24/2013 at 04:30 PM before Judge Kimba M.Wood.) (Signed by Judge Kimba M. Wood on 9/3/2013) (tn) (Entered: 09/03/2013)

09/09/2013 388 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/28/2013 before JudgeKimba M. Wood. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcriptmay be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. After thatdate it may be obtained through PACER. Redaction Request due 10/3/2013. RedactedTranscript Deadline set for 10/15/2013. Release of Transcript Restriction set for12/12/2013.(Rodriguez, Somari) (Entered: 09/09/2013)

09/09/2013 389 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a CONFERENCE proceeding held on 8/28/13 has been filed by thecourt reporter/transcriber in the above-captioned matter. The parties have seven (7)calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotely electronicallyavailable to the public without redaction after 90 calendar days...(Rodriguez, Somari)(Entered: 09/09/2013)

09/17/2013 390 ENDORSED LETTER addressed to Judge Kimba M. Wood from Joshua S. Sohn,









Anthony D. Gill and Eamonn F. Foley dated 9/16/2013 re: The parties jointly request anextension until September 18, 2013, to try and resolve the issues raised in their exchangeof a draft notice. ENDORSEMENT: GRANTED. The Court will address, at theupcoming conference on September 24, the request for a status conference to resolve anydisputes regarding the class notice. (Signed by Judge Kimba M. Wood on 9/17/2013) (tn)(Entered: 09/17/2013)

09/24/2013 Minute Entry for proceedings held before Judge Kimba M. Wood: Conference held on9/24/2013. Attorneys Joshua Sohn, Anthony Gill, and Spencer Stiefel are present for theplaintiffs. Attorneys Eamonn Foley and Benjamin Welikson are present for thedefendants. Court reporter is present. Conference is held (see transcript). The defendantshall give Plaintiffs access to employment data necessary to resolve the parties'disagreements regarding providing class notice. The parties shall engage in briefdiscovery for four weeks on the disparate impact of the LAST-1 between 2002 and 2004,to assess Plaintiffs' request to expand the remedy-phase class to include teachers who tookthe LAST-1 from June 30, 2002 to February 14, 2004. The parties shall send a letter to theCourt with a ranked list of agreed upon potential special masters. The defendant shallproduce to Plaintiffs documents in SED's possession regarding the LAST-2's validation.Defendant will do so within three weeks. SED and Pearson are permitted to participate incommunications with potential experts on test validity. The Plaintiffs may call chambersif they experience difficulty with SED and Pearson. (mro) (Entered: 09/26/2013)

09/26/2013 391 ENDORSED LETTER addressed to Judge Kimba M. Wood from Anthony D. Gill dated9/26/2013 re: Counsel for plaintiff requests on behalf of all parties that the next statusconference be scheduled for 10/29/2013 at 2:30 p.m. ENDORSEMENT: Granted.Conference is scheduled for Oct. 29, 2013 at 2:30 p.m. (Status Conference set for10/29/2013 at 02:30 PM before Judge Kimba M. Wood.) (Signed by Judge Kimba M.Wood on 9/26/2013) (tn) (Entered: 09/26/2013)

10/28/2013 392 NOTICE OF APPEARANCE by John Stephen Schowengerdt on behalf of Board ofEducation of the New York City School District of the City of New York. (Schowengerdt,John) (Entered: 10/28/2013)

10/29/2013 Minute Entry for proceedings held before Judge Kimba M. Wood: Status Conference heldon 10/29/2013. Attorneys Joshua Sohn, Anthony Gill, Spencer Stiefel and StephenSeliger were present for the plaintiffs. Attorneys, Eamon Foley and John Schowengerdt,were present for the defendants. Court reporter, Jerry Harrison, was present. Conferencewas held(see transcript). The parties have agreed to expand the class period up until2/13/04, and will submit a stipulation and proposed order to the Court. The parties shallconfer and contact the Court with dates when they are available for next conference. (sc)(Entered: 10/30/2013)

11/04/2013 393 ENDORSED LETTER addressed to Judge Kimba M. Wood from Eamonn F. Foley dated11/1/2013 re: The parties jointly request permission to hand deliver a confidential jointletter to Your Honor, no later than November 7, 2013, setting forth each party'sassessment of the suitability of the three remaining candidates. ENDORSEMENT:Granted. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/4/2013) (tn) (Entered:11/04/2013)

11/07/2013 394 ENDORSED LETTER: addressed to Judge Kimba M. Wood from Eamonn F. Foley dated11/7/2013 re: The parties request a one day extension. ENDORSEMENT: Granted. SoOrdered. (Signed by Judge Kimba M. Wood on 11/7/2013) (js) (Entered: 11/08/2013)


11/25/2013 396 ENDORSED LETTER addressed to Judge Kimba M. Wood from Anthony D. Gill dated11/22/2013 re: The parties propose that they approach the prospective special masters in








the order listed in the parties' previous submission. ENDORSEMENT: Granted. Theparties shall report to the Court by letter on December 13, 2013, where these efforts stand.(Signed by Judge Kimba M. Wood on 11/22/2013) (tn) (Entered: 11/25/2013)

12/17/2013 397 ORDER: that because the parties seek to bind additional absent class members, the Courtdirects the parties to submit affidavits and/or other evidence demonstrating that therequested expansion to the class definition complies with Federal Rule of Civil Procedure23. Cf. Comcast Corp. v. Behrend, 133 S. Ct. 1426, 1432 (2013) (stating that partiesseeking class certification must "satisfy through evidentiary proof" Rule 23'srequirements); Phillips Petroleum Co. v. Shutts, 472 U.S. 797, 812 (1985) (noting that theDue Process Clause "requires that the named plaintiff at all times adequately represent theinterests of the absent class members"); In re Am. Int'l Grp., Inc. Sec. Litig., 689 F.3d229, 237-38 (2d Cir. 2012) ("The party seeking 'class certification must affirmativelydemonstrate... compliance with [Rule 23],' and a district court may only certify a class ifit 'is satisfied, after a rigorous analysis,' that the requirements of Rule 23 are met."(quoting Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2551 (2011))). (Signed byJudge Kimba M. Wood on 12/17/2013) (tn) (Entered: 12/17/2013)



01/07/2014 400 ENDORSED LETTER addressed to Judge Kimba M. Wood from Anthony D. Gill dated12/10/2013 re: Counsel for plaintiffs write pursuant to this Court's November 25, 2013Order. ENDORSEMENT: First, the parties should direct Justice Fried to "file an affidavitdisclosing whether there is any ground for [his] disqualification under 28 U.S.C. 455."Fed. R. Civ. P. 53(b)(3) (stating that the court may issue an order appointing a master onlyafter the conflicts affidavit is filed). Second, once the affidavit is filed, the parties shouldsubmit a proposed appointment order. See Fed. R. Civ. P. 53(b)(2). (Signed by JudgeKimba M. Wood on 1/7/2014) (tn) (Entered: 01/07/2014)

01/10/2014 401 SEALED DOCUMENT placed in vault.(mps) (Entered: 01/10/2014)

01/16/2014 402 NOTICE OF APPEARANCE by Anthony David Gill on behalf of Nia Greene, ElsaGulino, Mayling Ralph, Peter Wilds. (Gill, Anthony) (Entered: 01/16/2014)

02/20/2014 403 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/29/2013 before JudgeKimba M. Wood. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcriptmay be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. After thatdate it may be obtained through PACER. Redaction Request due 3/17/2014. RedactedTranscript Deadline set for 3/27/2014. Release of Transcript Restriction set for 5/27/2014.(McGuirk, Kelly) (Entered: 02/20/2014)

02/20/2014 404 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a CONFERENCE proceeding held on 10/29/13 has been filed by thecourt reporter/transcriber in the above-captioned matter. The parties have seven (7)calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotely electronicallyavailable to the public without redaction after 90 calendar days...(McGuirk, Kelly)(Entered: 02/20/2014)

02/21/2014 405 ORDER: The parties are ordered to have Justice Fried submit the required affidavit byMarch 31, 2014, or show cause why Justice Fried cannot do so by that date. (Signed byJudge Kimba M. Wood on 2/20/2014) (ft) (Entered: 02/21/2014)










02/25/2014 407 MANDATE of USCA (Certified Copy) USCA Case Number 13-1001-cv. Ordered,Adjudged and Decreed that the judgment of the District Court is AFFIRMED. CatherineO'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/25/2014.(nd) (Entered: 02/25/2014)

03/07/2014 408 ORDER: A conference regarding potentia1 neutral experts on test validity is herebyscheduled for April 29, 2014, at 11 a.m. (Status Conference set for 4/29/2014 at 11:00AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 3/6/2014)(ajs) (Entered: 03/07/2014)

03/14/2014 409 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINTLETTER MOTION for Conference to approve Supplemental Order of Confidentialityaddressed to Judge Kimba M. Wood from Anthony Gill and Eamonn Foley dated March13, 2014. Document filed by Nia Greene, Elsa Gulino, Mayling Ralph, Peter Wilds.(Attachments: # 1 Exhibits A and B)(Gill, Anthony) Modified on 3/17/2014 (db).(Entered: 03/14/2014)

03/17/2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR.Note to Attorney Anthony David Gill to RE-FILE Document 409 JOINT LETTERMOTION for Conference to approve Supplemental Order of Confidentiality addressedto Judge Kimba M. Wood from Anthony Gill and Eamonn Foley dated March 13,2014. Use the event type Letter found under the event list Other Documents. (db)(Entered: 03/17/2014)

03/17/2014 410 JOINT LETTER addressed to Judge Kimba M. Wood from Anthony Gill and EamonnFoley dated March 13, 2014 re: Request to enter Supplemental Order of Confidentiality.Document filed by Elsa Gulino, Mayling Ralph, Peter Wilds. (Attachments: # 1 ExhibitsA and B)(Gill, Anthony) (Entered: 03/17/2014)

03/19/2014 411 LETTER addressed to Judge Kimba M. Wood from STEVEN L. BANKS, AAG (attorneyfor Amicus Curiae SED) dated 03/19/2014 re: Response by SED to Joint Letter submittedto Judge Wood by Plaintiffs and NYCBOE [See Docket #410] regarding their ProposedSupplemental Order of Confidentiality. Document filed by New York State EducationDepartment. (Attachments: # 1 Proposed Supplemental Stipulation and Order ofConfidentiality from Amicus Curiae New York State Education Department ("SED"))(Banks, Steven) (Entered: 03/19/2014)

03/21/2014 412 AFFIDAVIT of Honorable Bernard Fried (Ret.) PURSUANT TO RULE 53(A)(2) OF THEFEDERAL RULES OF CIVIL PROCEDURE. Document filed by Nia Greene, ElsaGulino, Mayling Ralph, Peter Wilds. (Gill, Anthony) (Entered: 03/21/2014)

03/21/2014 413 LETTER addressed to Judge Kimba M. Wood from Anthony Gill dated March 21, 2014re: submission of proposed appointment order for special master. Document filed by NiaGreene, Elsa Gulino, Mayling Ralph, Peter Wilds. (Attachments: # 1 proposedappointment order)(Gill, Anthony) (Entered: 03/21/2014)

03/28/2014 414 JOINT LETTER MOTION for Extension of Time of March 31, 2014, deadline to submitevidence in support of request to expand the class addressed to Judge Kimba M. Woodfrom Anthony Gill dated March 28, 2014. Document filed by Nia Greene, Elsa Gulino,Mayling Ralph, Peter Wilds.(Gill, Anthony) (Entered: 03/28/2014)

03/28/2014 415 ORDER granting 414 Letter Motion for Extension of Time. Granted. (Signed by JudgeKimba M. Wood on 3/28/2014) (ft) (Entered: 03/28/2014)

04/16/2014 416 JOINT MOTION to Amend/Correct amend the August 29, 2013 Rule 23(b)(3) classdefinition pursuant to Rule 23(c)(1)(C). Document filed by Elsa Gulino.(Sohn, Joshua)(Entered: 04/16/2014)



















04/16/2014 417 JOINT MEMORANDUM OF LAW in Support re: 416 JOINT MOTION toAmend/Correct amend the August 29, 2013 Rule 23(b)(3) class definition pursuant toRule 23(c)(1)(C).. Document filed by Elsa Gulino. (Sohn, Joshua) (Entered: 04/16/2014)

04/16/2014 418 DECLARATION of Eammon Foley in Support re: 416 JOINT MOTION toAmend/Correct amend the August 29, 2013 Rule 23(b)(3) class definition pursuant toRule 23(c)(1)(C).. Document filed by Elsa Gulino. (Sohn, Joshua) (Entered: 04/16/2014)

04/16/2014 419 DECLARATION of Joshua Sohn in Support re: 416 JOINT MOTION to Amend/Correctamend the August 29, 2013 Rule 23(b)(3) class definition pursuant to Rule 23(c)(1)(C)..Document filed by Elsa Gulino. (Attachments: # 1 Exhibit Thomas DiPrete Report)(Sohn,Joshua) (Entered: 04/16/2014)

04/16/2014 420 DECLARATION of Peter Wilds in Support re: 416 JOINT MOTION to Amend/Correctamend the August 29, 2013 Rule 23(b)(3) class definition pursuant to Rule 23(c)(1)(C)..Document filed by Elsa Gulino. (Sohn, Joshua) (Entered: 04/16/2014)

04/17/2014 421 MANDATE of USCA (Certified Copy) USCA Case Number 13-0472. Petitioner, throughcounsel, moves, pursuant to 28 U.S.C. § 1292(b), for leave to appeal an interlocutoryorder of the district court. Upon due consideration, it is hereby ORDERED that themotion is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit.Issued As Mandate: 04/17/2014. (nd) (Entered: 04/17/2014)

04/24/2014 422 NOTICE OF APPEARANCE by Grace Diane Kim on behalf of Board of Education ofthe New York City School District of the City of New York. (Kim, Grace) (Entered:04/24/2014)

04/28/2014 423 SUPPLEMENTAL STIPULATION AND ORDER OF CONFIDENTIALITY: IT ISHEREBY ORDERED, that: The Confidentiality Order entered on January 24, 2002,remains in full force and effect and as further set forth within. SO ORDERED. (Signed byJudge Kimba M. Wood on 4/28/2014) (ajs) (Entered: 04/28/2014)

04/28/2014 424 ORDER OF APPOINTMENT: IT IS HEREBY ORDERED THAT pursuant to FederalRule of Civil Procedure 53(a)(1)(B) and this Court's inherent equitable powers andauthority, this Court appoints the Hon. Bernard J. Fried (Ret.) as Special Master and asfurther set forth within. (Signed by Judge Kimba M. Wood on 4/28/2014) (ajs) (Entered:04/28/2014)

04/29/2014 Minute Entry for proceedings held before Judge Kimba M. Wood: Hearing for the Courtto appoint a neutral job relatedness expert was held on 4/29/2014(see transcript).Attorneys Joshua Sohn, Stephen Seliger, Spencer Stiefel and Joshua Kane were presentfor the plaintiffs. Attorneys John Schowengart, Eamon Foley and Grace Kim were presentfor the defendants. The court reporter was present. The Court questioned the potentialexperts Chad Buckendahl and James Outtz. The Court appoints James Outtz as the neutralexpert. The parties shall update the Court once a week, on Monday, as to the progress ofthe case. A new confidentiality order shall be submitted to the Court, consistent with theCourt's rulings today. (sc) (Entered: 05/02/2014)

04/29/2014 Minute Entry for proceedings held before Judge Kimba M. Wood: Hearing for the Courtto appoint neutral job relatedness expert held on 4/29/2014. Attorneys Joshua Sihn,Stephen Seliger, Spencer Stiefel and Joshua Kane are present for the plaintiffs. AttorneysJohn Schowengerdt Eamonn Foley and Grace Kim are present for the defendants. Courtreporter is present. (mro) (Entered: 05/09/2014)


05/08/2014 426 LETTER addressed to Judge Kimba M. Wood from Steven L. Banks dated May 8, 2014re: Revised Supplemental Order of Confidentiality. Document filed by New York State

















Education Department. (Attachments: # 1 Text of Proposed Order Revised SupplementalOrder of Confidentiality)(Banks, Steven) (Entered: 05/08/2014)

05/08/2014 427 ENDORSED LETTER addressed to Judge Kimba M. Wood from John Schowengredt andAnthony D. Gill dated 5/5/2014 re: Status letter. ENDORSEMENT: The Court orders theparties to file their weekly status letters on ECF. If the parties believe that a status lettercontains confidential or sensitive information, such that it should be filed under seal, theparties should fax the letter to the Court and state the justifications for their request. TheCourt will be guided by the parties as to whether Dr. Outtz should speak directly with theCourt or through counsel. SO ORDERED. (Signed by Judge Kimba M. Wood on5/8/2014) (ajs) (Entered: 05/08/2014)

05/08/2014 428 TRANSCRIPT of Proceedings re: HEARING held on 4/29/2014 before Judge Kimba M.Wood. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may beviewed at the court public terminal or purchased through the Court Reporter/Transcriberbefore the deadline for Release of Transcript Restriction. After that date it may beobtained through PACER. Redaction Request due 6/2/2014. Redacted Transcript Deadlineset for 6/12/2014. Release of Transcript Restriction set for 8/11/2014.(Rodriguez, Somari)(Entered: 05/08/2014)

05/08/2014 429 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a HEARING proceeding held on 4/29/14 has been filed by the courtreporter/transcriber in the above-captioned matter. The parties have seven (7) calendardays to file with the court a Notice of Intent to Request Redaction of this transcript. If nosuch Notice is filed, the transcript may be made remotely electronically available to thepublic without redaction after 90 calendar days...(Rodriguez, Somari) (Entered:05/08/2014)

05/12/2014 430 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & EamonnFoley dated May 12, 2014 re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 05/12/2014)

05/14/2014 431 REVISED SUPPLEMENTAL ORDER OF CONFIDENTIALITY: regarding proceduresto be followed that shall govern the handling of confidential material. (Signed by JudgeKimba M. Wood on 5/14/2014) (ajs) (Entered: 05/14/2014)

05/15/2014 432 NOTICE of Declaration of Proposed Special Master John S. Siffert. Document filed byJohn S. Siffert. (Siffert, John) (Entered: 05/15/2014)


05/20/2014 434 ORDER REGARDING PAYMENT OF COURT'S NEUTRAL EXPERT'S FEES: It ishereby ORDERED that: 1. The City of New York will be responsible for paying all costsof the Neutral Expert's work. 2. Every 30 days, the Neutral Expert shall submit to theOffice of the Corporation Counsel, with a copy to plaintiff's counsel, an itemizedstatement and as further set forth within. (Signed by Judge Kimba M. Wood on5/20/2014) (ajs) (Entered: 05/20/2014)

05/20/2014 435 ORDER OF APPOINTMENT re: 432 Notice (Other) filed by John S. Siffert, 424 Order.The Court having now considered (i) the Declaration of Proposed Special Master John S.Siffert (Docket No. 432); (ii) the absence of any grounds for the disqualification of JohnS. Siffert; and (iii) the request by the parties in this case to John S. Siffert serving asSpecial Master; It is hereby ORDERED that: Pursuant to Fed. R. Civ. P 53 (a)(1)(B) and















this Court's inherent equitable powers and authority, this Court appoints John S. Siffert asSpecial Master, and as further set forth within. (Signed by Judge Kimba M. Wood on5/20/2014) (ajs) (Entered: 05/20/2014)


06/02/2014 437 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & EamonnFoley dated June 2, 2014 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Nia Greene, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 06/02/2014)

06/06/2014 438 LETTER addressed to Judge Kimba M. Wood from John S. Schowengerdt dated June 6,2014 re: enclosing invoice from the Court-appointed Neutral Expert. Document filed byBoard of Education of the New York City School District of the City of New York.(Attachments: # 1 Appendix)(Schowengerdt, John) (Entered: 06/06/2014)

06/09/2014 439 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & EamonnFoley dated June 9, 2014 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Nia Greene, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 06/09/2014)

06/11/2014 440 LETTER addressed to Judge Kimba M. Wood from John S. Schowengerdt dated 6-11-2014 re: Amendment to the Revised Supplemental Confidentiality Order. Document filedby Board of Education of the New York City School District of the City of New York.(Attachments: # 1 Text of Proposed Order)(Schowengerdt, John) (Entered: 06/11/2014)

06/12/2014 441 MEMO ENDORSEMENT on re: 438 Letter, filed by Board of Education of the NewYork City School District of the City of New York. ENDORSEMENT: The Court hasreviewed the attached itemized statement, which Defendant does not dispute, and finds itregular and reasonable. The statement may be processed for payment. See Dkt. No. 434.(Signed by Judge Kimba M. Wood on 6/11/2014) (ajs) (Entered: 06/12/2014)

06/13/2014 442 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #443)JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & EamonnFoley dated June 13, 2014 re: Subpoenas. Document filed by Board of Education of theNew York City School District of the City of New York, Nia Greene, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) Modified on 6/17/2014 (lb). (Entered:06/13/2014)

06/13/2014 443 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & EamonnFoley dated June 13, 2014 re: Subpoenas (with Enclosures). Document filed by Board ofEducation of the New York City School District of the City of New York, Nia Greene,Elsa Gulino, Mayling Ralph, Peter Wilds. (Attachments: # 1 Exhibit Subpoena to SED, #2 Exhibit Subpoena to Pearson, # 3 Exhibit SED's Response to Subpoena, # 4 ExhibitPearson's Response to Subpoena)(Sohn, Joshua) (Entered: 06/13/2014)

06/16/2014 444 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & EamonnFoley dated June 16, 2014, re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 06/16/2014)

06/17/2014 445 LETTER addressed to Judge Kimba M. Wood from John S. Schowengerdt dated June 17,2014 re: enclosing revised invoice from the Court-appointed Neutral Expert. Documentfiled by Board of Education of the New York City School District of the City of NewYork. (Attachments: # 1 Appendix Invoice)(Schowengerdt, John) (Entered: 06/17/2014)





















06/18/2014 446 AMENDMENT TO THE REVISED SUPPLEMENTAL ORDER OFCONFIDENTIALITY: IT IS HEREBY ORDERED, that: 1. The Revised SupplementalConfidentiality Order entered on May 14, 2014, remains in full force and effect to theextent that it is not amended here. 2. Paragraph "4," of the Revised SupplementalConfidentiality Order is hereby amended as set forth within. (Signed by Judge Kimba M.Wood on 6/17/2014) (ajs) (Entered: 06/18/2014)

06/18/2014 447 ORDER granting 416 Motion to Amend/Correct. For the reasons stated, the CourtGRANTS the joint motion to amend the definition of the Rule 23(b)(3) remedy-phaseclass. The class is amended to include: All African-American and Latino individualsemployed as New York City public school teachers by Defendant, on or after June 29,1995, who failed to achieve a qualifying score on an administration of the LAST-1 givenon or before February 13, 2004, and as a result either lost or were denied a permanentteaching appointment. Notice under Rule 23(c)(2)(B) shall include the additionalmembers of the now-expanded class. This Order resolves docket entry number 416.(Signed by Judge Kimba M. Wood on 6/17/2014) (ajs) (Entered: 06/18/2014)

06/19/2014 448 NOTICE OF APPEARANCE by William Solomon Jacob Fraenkel on behalf of Board ofEducation of the New York City School District of the City of New York. (Fraenkel,William) (Entered: 06/19/2014)

06/19/2014 449 LETTER addressed to Judge Kimba M. Wood from Phillip S. McKinney dated June 19,2014 re: Subpoena. Document filed by NCS Pearson, Inc.. (Attachments: # 1 Exhibit 1, #2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(McKinney, Phillip)(Entered: 06/19/2014)

06/23/2014 450 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & EamonnFoley dated June 23, 2014, re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Nia Greene, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 06/23/2014)

06/30/2014 451 LETTER addressed to Judge Kimba M. Wood from Special Master John S. Siffert ofLankler Siffert & Wohl LLP dated 6/30/2014 re: regarding Amended Order ofAppointment. Document filed by John S. Siffert.(Siffert, John) (Entered: 06/30/2014)

06/30/2014 452 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & JohnSchowengerdt dated June 30, 2014, re: Status Update. Document filed by Board ofEducation of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 06/30/2014)

07/02/2014 453 MEMO ENDORSEMENT on re: 445 Letter, filed by Board of Education of the NewYork City School District of the City of New York. ENDORSEMENT: The Court hasreviewed the attached revised itemized statement, which Defendant does not dispute, andfinds it regular and reasonable. The statement may be processed for payment. See Dkt.No. 434. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/2/2014) (ajs) (Entered:07/02/2014)

07/03/2014 454 AMENDED ORDER OF APPOINTMENT: Pursuant to Federal Rule of Civil Procedure53(a)(l)(B) and this Court's inherent equitable powers and authority, this Court appointsJohn S. Siffert as Special Master as set forth within. (Signed by Judge Kimba M. Woodon 7/2/2014) (ajs) (Entered: 07/03/2014)

07/03/2014 455 MEMO ENDORSEMENT on re: 450 Letter, filed by Elsa Gulino, Nia Greene, Board ofEducation of the New York City School District of the City of New York, Mayling Ralph,Peter Wilds. ENDORSEMENT: Dr. Outtz is ordered to explain, in a letter to the Court,the parties, and non-party NCS Pearson, Inc. ("Pearson"), his reasons for requesting thedocuments that Pearson refuses to produce; Dr. Outtz's explanation may help to resolve






















the parties' and Pearson's dispute. The letter must be sent by July 11, 2014. After receiptof the letter, the parties should meet and confer with Pearson, no later than July 18, 2014.Following the meet and-confer session, the parties' next status letter should indicate what,if anything, remains in dispute. SO ORDERED. (Signed by Judge Kimba M. Wood on7/3/2014) (ajs) (Entered: 07/03/2014)

07/07/2014 456 LETTER addressed to Judge Kimba M. Wood from John S. Schowengerdt dated July 7,2014 re: enclosing invoice dated July 2, 2014 from the Court-appointed Neutral Expert.Document filed by Board of Education of the New York City School District of the Cityof New York. (Attachments: # 1 Appendix Invoice)(Schowengerdt, John) (Entered:07/07/2014)

07/07/2014 457 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated July 7, 2014 re: Status Update. Document filed by Board of Education of the NewYork City School District of the City of New York, Elsa Gulino, Mayling Ralph, PeterWilds.(Sohn, Joshua) (Entered: 07/07/2014)

07/11/2014 458 LETTER addressed to Judge Kimba M. Wood from James L. Outtz dated July 11, 2014re: Response to Court's Order of July 3, 2014. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 07/11/2014)

07/11/2014 459 LETTER addressed to Judge Kimba M. Wood from Special Master John S. Siffert ofLankler Siffert & Wohl LLP dated 7/11/2014 re: the Special Master's ProposedScheduling Plan. Document filed by John S. Siffert.(Siffert, John) (Entered: 07/11/2014)

07/14/2014 460 LETTER addressed to Judge Kimba M. Wood from Assistant Corporation Counsel GraceD. Kim dated July 14, 2014 re: the Special Master's Proposed Scheduling Plan. Documentfiled by Board of Education of the New York City School District of the City of NewYork.(Kim, Grace) (Entered: 07/14/2014)

07/14/2014 461 MEMO ENDORSEMENT on re: 459 Letter filed by John S. Siffert. ENDORSEMENT:The Court has reviewed the attached Special Master's proposed schedule and approves it.See Amended Order of Appointment Paragraph 4 [Dkt. No. 454]. The Court willreconsider this decision if a timely objection is filed. See id. Paragraph 8. SO ORDERED.(Signed by Judge Kimba M. Wood on 7/14/2014) (ajs) (Entered: 07/14/2014)


07/15/2014 463 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated July 15, 2014 re: Proposed Class Notice. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sohn, Joshua)(Entered: 07/15/2014)

07/16/2014 464 MEMO ENDORSEMENT on re: 434 Order, 456 Letter, filed by Board of Education ofthe New York City School District of the City of New York. ENDORSEMENT: TheCourt has reviewed the attached itemized statement, which Defendant does not dispute,and finds it regular and reasonable. The statement may be processed for payment. SeeDkt. No. 434. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/15/2014) (ajs)(Entered: 07/16/2014)

07/16/2014 465 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated7/2/2014 re: Enclosed bill for inspection. ENDORSEMENT: The Court has reviewed theattached itemized statement, which the parties have approved, and finds it regular and




















reasonable. The statement may be processed for payment. See Dkt. No. 454. SOORDERED. (Signed by Judge Kimba M. Wood on 7/15/2014) (ajs) (Entered:07/16/2014)

07/17/2014 466 MEMO ENDORSEMENT on re: 460 Letter, filed by Board of Education of the NewYork City School District of the City of New York. ENDORSEMENT: The Court notesDefendant's objections to the Special Master's scheduling plan. See Dkt. No. 461. Theyare overruled, except that the Court agrees with Defendant's position, stated on pagethreeof the attached chart, that the parties be permitted to take depositions prior toindividualized hearings. Given the age of this case, individualized relief should proceedas expeditiously as practicable. And the burden of the tight schedule falls equally on theparties and claimants. The short time frame given to Defendant to make targeteddiscovery requests, for example, is consistent with the similarly short time frame given toclaimants to respond to Defendant's discovery requests. SO ORDERED. (Signed byJudge Kimba M. Wood on 7/17/2014) (ajs) (Entered: 07/17/2014)

07/17/2014 467 ORDER re: 466 Memo Endorsement. Previously today, in a memo endorsement, theCourt overruled Defendant's objections to the Special Master's scheduling plan, with theexception of Defendant's objection to the limitation on pre-hearing depositions. See Dkt.No. 466. Upon further consideration, the Court hereby overrules all of Defendant'sobjections to the Special Master's scheduling plan. The Court concludes thatconsiderations of judicial economy warrant taking testimony only once, at what thescheduling plan refers to as "trial depositions," see Dkt. No. 461 Paragraph III.C.1, unlessgood cause is shown for taking additional depositions. (Signed by Judge Kimba M. Woodon 7/17/2014) (cd) (Entered: 07/18/2014)

07/17/2014 468 MEMO ENDORSEMENT on 463 Letter, filed by Elsa Gulino, Board of Education of theNew York City School District of the City of New York, Mayling Ralph, Peter Wilds.ENDROSEMENT: The Court approves the attached class notices, as well as theprocedures for notice proposed in this letter. See Fed. R. Civ. P. 23(c)(2)(B). The printmedia notice shal~e published in the New York Teacher, in addition to the other notedpublications. (Signed by Judge Kimba M. Wood on 7/17/2014) (cd) (Entered:07/18/2014)


07/23/2014 470 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated July 23, 2014 re:Appointment of Claims Administrator. Document filed by Elsa Gulino, Mayling Ralph,Peter Wilds. (Attachments: # 1 Text of Proposed Order Appointing Claims Administrator)(Sohn, Joshua) (Entered: 07/23/2014)

07/24/2014 471 ORDER. IT IS HEREBY ORDERED THAT: The Garden City Group, Inc. ("GCG") shallserve as Claims Administrator in the remedial phase of this litigation. GCG shall performduties as further specified herein. The City of New York will be responsible for paying allcosts of GCG's work. The Special Master shall update the Court on GCG's efforts in itsperiodic updates to the Court, as required by the Court's prior orders. GCG will submititemized statements of fees and expenses to the parties, and as further set forth. (Signedby Judge Kimba M. Wood on 7/24/2014) (rjm) (Entered: 07/25/2014)

07/28/2014 472 LETTER addressed to Judge Kimba M. Wood from Special Master John S. Siffert ofLankler Siffert & Wohl LLP dated 7/28/2014 re: regarding the Supplemental InterimBriefing Schedule and Discovery Timetable. Document filed by John S. Siffert.(Attachments: # 1 Exhibit, # 2 Exhibit)(Siffert, John) (Entered: 07/28/2014)

















07/30/2014 474 NOTICE OF APPEARANCE by Benjamin Eldridge Stockman on behalf of Board ofEducation of the New York City School District of the City of New York. (Stockman,Benjamin) (Entered: 07/30/2014)

08/04/2014 475 LETTER addressed to Judge Kimba M. Wood from Special Master John S. Siffert ofLankler Siffert & Wohl LLP dated 8/4/2014 re: relief-stage discovery categories.Document filed by John S. Siffert.(Siffert, John) (Entered: 08/04/2014)

08/04/2014 476 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated August 4, 2014 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 08/04/2014)

08/06/2014 477 LETTER addressed to Judge Kimba M. Wood from Grace D. Kim dated August 6, 2014re: enclosing invoice dated August 1, 2014 fromthe Court-appointed Neutral Expert.Document filed by Board of Education of the New York City School District of the Cityof New York.(Kim, Grace) (Entered: 08/06/2014)

08/11/2014 478 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated August 8, 2014, re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 08/11/2014)

08/18/2014 479 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated August 18, 2014 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 08/18/2014)

08/19/2014 480 MEMO ENDORSEMENT on 477 Letter, filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, which Defendant does not dispute, and finds it regularand reasonable. The statement may be processed for payment. See Dkt. No. 434. (Signedby Judge Kimba M. Wood on 8/19/2014) (cd) (Entered: 08/19/2014)

08/19/2014 481 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated8/4/2014 re: Bill/Order of Appointment. ENDORSEMENT: The Court has reviewed theattached itemized statement, which the parties have approved, and finds it regular andreasonable. The statement may be processed for payment. See Dkt. No. 454. (Signed byJudge Kimba M. Wood on 8/14/2014) (cd) (Entered: 08/19/2014)

08/25/2014 482 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated August 25, 2014 re: Status Update. Document filed by Board of Educationof the New York City School District of the City of New York, Elsa Gulino, MaylingRalph, Peter Wilds.(Sohn, Joshua) (Entered: 08/25/2014)

08/26/2014 483 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated August 26, 2014 re: Expert Review of the ALST. Document filed byBoard of Education of the New York City School District of the City of New York, ElsaGulino, Mayling Ralph, Peter Wilds. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3Exhibit C)(Sohn, Joshua) (Entered: 08/26/2014)

09/02/2014 484 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated September 2, 2014 re: Status Update. Document filed by Board of



















Education of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 09/02/2014)

09/04/2014 485 LETTER addressed to Judge Kimba M. Wood from Richard J. Trautwein, dated8/29/2014, re: request to let this letter serve as an objection on behalf of non-party NewYork State Education Department (NYSED) to request of the Court-appointed expert, Dr.James Outtz... to review the validity of the Academic Literacy Skills Test ("ALST"). (ja)(Entered: 09/05/2014)

09/08/2014 487 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated September 8, 2014 re: Status Update. Document filed by Board ofEducation of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 09/08/2014)

09/10/2014 488 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated September 10,2014 re: Response to Letter From New York State Education Department filed September4, 2014. Document filed by Elsa Gulino, Mayling Ralph, Peter Wilds.(Sohn, Joshua)(Entered: 09/10/2014)

09/11/2014 489 LETTER addressed to Judge Kimba M. Wood from Grace D. Kim dated September 11,2014 re: enclosing invoice dated September 9, 2014 from the Court-appointed expert.Document filed by Board of Education of the New York City School District of the Cityof New York.(Kim, Grace) (Entered: 09/11/2014)

09/11/2014 490 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated September 11,2014 re: Injunctive Relief. Document filed by Elsa Gulino, Mayling Ralph, Peter Wilds.(Attachments: # 1 Order Dated December 5, 2012)(Sohn, Joshua) (Entered: 09/11/2014)

09/11/2014 491 ORDER re: 483 Letter, filed by Elsa Gulino, Board of Education of the New York CitySchool District of the City of New York, Mayling Ralph, Peter Wilds: For the foregoingreasons, Plaintiffs' request that the Court order the neutral expert to assess the ALST isDENIED. (Signed by Judge Kimba M. Wood on 9/11/2014) (tn) (Entered: 09/11/2014)

09/11/2014 492 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel datedSeptember 11, 2014 re: Injunctive Relief. Document filed by Board of Education of theNew York City School District of the City of New York.(Fraenkel, William) (Entered:09/11/2014)

09/11/2014 493 LETTER from Sonia De Los Santos dated 9/8/14 re: Ms. De Los Santos informs that shedoes not want to be included in the class action lawsuit of Gulino v. Board of Education.(sc) (Entered: 09/15/2014)

09/15/2014 494 ENDORSED LETTER addressed to Judge Kimba M. Wood from Johm S. Siffert dated8/29/2014 re: We are submitting the enclosed bill for inspection for regularity andreasonableness pursuant to Your Honor's Order of Appointment dated May 20, 2014.ENDORSEMENT: The Court has reviewed the attached itemized statement, which theparties have approved, and finds it regular and reasonable. The statement may beprocessed for payment. See Dkt. No. 454. (Signed by Judge Kimba M. Wood on9/15/2014) (tn) (Entered: 09/15/2014)

09/15/2014 496 MEMO ENDORSEMENT on re: 489 Letter, filed by Board of Education of the NewYork City School District of the City of New York. ENDORSEMENT: The Court hasreviewed the attached itemized statement, which Defendant does not dispute, and finds itregular and reasonable. The statement may be processed for payment. See Dkt. No. 434.(Signed by Judge Kimba M. Wood on 9/15/2014) (tn) (Entered: 09/15/2014)

09/15/2014 497 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated September 15, 2014 re: Status Update. Document filed by Board of Education of

















the New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 09/15/2014)

09/18/2014 498 LETTER addressed to Judge Kimba M. Wood from Dr. James L. Outtz dated September18, 2014 re: Request for Information from Pearson/SED. Document filed by Board ofEducation of the New York City School District of the City of New York, Nia Greene,Elsa Gulino, Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 09/18/2014)

09/22/2014 499 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kim,dated September 22, 2014, re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 09/22/2014)

09/24/2014 500 JOINT LETTER addressed to Judge Kimba M. Wood from Phillip S. McKinney andRichard Trautwein dated September 24, 2014 re: September 18, 2014 Letter Submitted byDr. Outtz. Document filed by NCS Pearson, Inc., New York State Education Department.(McKinney, Phillip) (Entered: 09/24/2014)

09/24/2014 501 ORDER: A conference regarding the injunction language (the "Injunction") submitted byboth parties on September 11, 2014, see Dkt. Nos. 490, 492, is hereby scheduled forOctober 7, 2014, at 2 p.m. By October 3, 2014, the parties shall submit to the Court thefollowing information, as further set forth in this order. (Status Conference set for10/7/2014 at 02:00 PM before Judge Kimba M. Wood.) (Signed by Judge Kimba M.Wood on 9/24/2014) (tn) (Entered: 09/24/2014)

09/29/2014 502 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated September 29, 2014 re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 09/29/2014)

10/02/2014 503 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated9/29/2014 re: Counsel submits the enclosed bill for inspection for regularity andreasonableness pursuant to Your Honor's Order of Appointment dated May 20, 2014.ENDORSEMENT: The Court has reviewed the attached itemized statement, which theparties have approved, and finds it regular and reasonable. The statement may beprocessed for payment. See Dkt. No. 454. (Signed by Judge Kimba M. Wood on10/1/2014) (tn) (Entered: 10/02/2014)

10/03/2014 504 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated Oct. 3,2014 re: Information response to Order, dated Sept. 24, 2014 [Dkt. No. 501]. Documentfiled by Board of Education of the New York City School District of the City of NewYork. (Attachments: # 1 Exhibit A (Summary chart), # 2 Exhibit B (June-Sept 1995), # 3Exhibit C (1996, 1998), # 4 Exhibit D (Jan, Mar, May, June 15, 2000), # 5 Exhibit E(June 30, 2000), # 6 Exhibit F (July, Oct, Nov 2000), # 7 Exhibit G (Feb, June, July, Oct2001), # 8 Exhibit H (Dec. 31, 2002), # 9 Exhibit I (Feb, May, July, Sept, Dec 2003), # 10Exhibit J (Feb, Mar 2004), # 11 Exhibit K (May, Nov, Dec 2004), # 12 Exhibit L (Jan,May, July 2005), # 13 Exhibit M (June, Aug 2006), # 14 Exhibit N (May, July, Sept2007), # 15 Exhibit O (June-Oct 2008), # 16 Exhibit P (May, June, July, Aug, Dec 2009)(1 of 3), # 17 Exhibit P (May, June, July, Aug, Dec 2009) (2 of 3), # 18 Exhibit P (May,June, July, Aug, Dec 2009) (3 of 3), # 19 Exhibit Q (Apr, July 2010), # 20 Exhibit R (Feb,Mar, May 2011) (1 of 3), # 21 Exhibit R (Feb, Mar, May 2011) (2 of 3), # 22 Exhibit R(Feb, Mar, May 2011) (3 of 3), # 23 Exhibit S (Sept, Oct 2011), # 24 Exhibit T (Jan 15,Jan 31, Dec 2012) (1 of 3), # 25 Exhibit T (Jan 15, Jan 31, Dec 2012) (2 of 3), # 26Exhibit T (Jan 15, Jan 31, Dec 2012) (3 of 3), # 27 Exhibit U (Jan, May, June 2013) (1 of3), # 28 Exhibit U (Jan, May, June 2013) (2 of 3), # 29 Exhibit U (Jan, May, June 2013)(3 of 3), # 30 Exhibit V (Current) (1 of 3), # 31 Exhibit V (Current) (2 of 3), # 32 ExhibitV (Current) (3 of 3))(Kim, Grace) (Entered: 10/03/2014)










































10/06/2014 505 LETTER addressed to Judge Kimba M. Wood from Dr. James L. Outtz dated October 6,2014 re: Request for Information from Pearson/SED. Document filed by Board ofEducation of the New York City School District of the City of New York, Nia Greene,Elsa Gulino, Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 10/06/2014)

10/06/2014 506 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated October 6, 2014 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 10/06/2014)

10/07/2014 Minute Entry for proceedings held before Judge Kimba M. Wood: Hearing was held o10/7/14 for the parties to discuss the injunction language which both parties proposed tothe Court(see transcript). Attorneys Josua Sohn, Spencer Stiefel, Joshua Kane, AnthonyGill, and Rachel Stevens were present for the plaintiffs. Attorneys William Fraenkel,Grace Kim, and Benjamin Stockman were present for the defendants. Attorney ShannonTahoe was present for the State Education Department. Ann Jasinski was present for theState Education Department. Lawrence Becker and Victoria Bernstein were present forthe New York City Board of Education. The State Education Department shall provide tothe defendants proposed injunction language by 10/22/14. Thereafter, the City willpresent proposed language to the plaintiffs. (Court Reporter Steve Griffing) (sc) (Entered:10/13/2014)

10/08/2014 507 LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated 8/29/2014 re:Counsel is submitting the bill for inspection for regularity and reasonableness pursuant toYour Honor's Order of Appointment dated 5/20/14. ***Accepted for filing as a docketand file by Chambers. (mro) (Entered: 10/10/2014)

10/14/2014 508 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated October 14, 2014 re: Status Update. Document filed by Board ofEducation of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 10/14/2014)

10/15/2014 509 ORDER: the parties are ordered to provide the Court with the following information byOctober 23, 2014: (1) A copy of a single exemplary administration of each of thefollowing exams: (a) LAST, (b) NTE (Communication Skills), (c) NTE (GeneralKnowledge), (d) NTE (Professional Knowledge), (e) ATS-W, (f) CST, (g) EAS, (h)ALST, (i) EdTPA, (j) any other exam used by the State Education Department to makecertification decisions since 1996. See Transcript at 3-4. (2) An analysis of whether thereare certain categories of questions within the LAST that class members tended to getwrong. See Transcript at 4-5. (3) Specific testimonial excerpts from trial stating thatprotecting students from having their educational opportunities harmed was not a factortaken into account when the LAST was designed. See Transcript at 20-21. (4) A statementof approximately how much state and federal funding Defendants would lose were it toexempt class members from having to pass the LAST, see ECF No. 490, 492, without aCourt injunction ordering it to do so. See Transcript 38-40. The parties should distributethe work required in assembling this information equitably between them. In addition, theState Education Department stated at the hearing that by October 22, 2014, it wouldproduce to Defendants its suggestion for injunction language, based on the discussionsthat took place between the parties during the hearing. See Transcript 36-37. By October31, 2014, the City shall provide its suggestion for injunction language to the Plaintiffs. ByNovember 12, 2014, the parties shall submit to the Court the injunction language theyhave agreed to, or otherwise explain to the Court why they were unable to come to anagreement. (Signed by Judge Kimba M. Wood on 10/9/2014) (tn) (Entered: 10/15/2014)

10/16/2014 510 TRANSCRIPT of Proceedings re: conference held on 10/7/2014 before Judge Kimba M.Wood. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be








viewed at the court public terminal or purchased through the Court Reporter/Transcriberbefore the deadline for Release of Transcript Restriction. After that date it may beobtained through PACER. Redaction Request due 11/10/2014. Redacted TranscriptDeadline set for 11/20/2014. Release of Transcript Restriction set for 1/17/2015.(McGuirk, Kelly) (Entered: 10/16/2014)

10/16/2014 511 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a conference proceeding held on 10/7/2014 has been filed by thecourt reporter/transcriber in the above-captioned matter. The parties have seven (7)calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotely electronicallyavailable to the public without redaction after 90 calendar days...(McGuirk, Kelly)(Entered: 10/16/2014)

10/16/2014 512 ORDER: The Court holds that Dr. Outtz's request for this information is reasonable.SED/Pearson shall provide to Dr. Outtz the information as further set forth by October 30,2014. The Court expects that, per the Revised Supplemental Order of Confidentiality,[ECF No. 431], Dr. Outtz will be permitted to retain copies of this information during thelength of this litigation, and will not be required to view this information solely at anSED/Pearson-designated space. (Signed by Judge Kimba M. Wood on 10/16/2014) (tn)(Entered: 10/16/2014)

10/20/2014 513 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated October 20, 2014 re: Status Update. Document filed by Board ofEducation of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 10/20/2014)

10/23/2014 514 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffer dated10/21/2014 re: Counsel the enclosed bill for inspection for regularity and reasonablenesspursuant to Your Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT:The Court has reviewed the attached itemized statement, which the parties have approved,and finds it regular and reasonable. The statement may be processed for payment. SeeECF No. 454. (Signed by Judge Kimba M. Wood on 10/23/2014) (tn) (Entered:10/23/2014)

10/23/2014 515 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated October 23, 2014 re: Parties' Response to October 15, 2014 Order.Document filed by Board of Education of the New York City School District of the Cityof New York, Elsa Gulino, Mayling Ralph, Peter Wilds. (Attachments: # 1 Exhibit A)(Sohn, Joshua) (Entered: 10/23/2014)

10/24/2014 516 SPECIAL MASTER'S REPORT. Interim Recommendation and Interim Report.Document filed by John S. Siffert.(Siffert, John) (Entered: 10/24/2014)

10/27/2014 517 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated October 27, 2014 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 10/27/2014)

11/03/2014 518 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated November 3, 2014 re: Status Update. Document filed by Board ofEducation of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Kane, Joshua) (Entered: 11/03/2014)

11/05/2014 519 NOTICE OF CHANGE OF ADDRESS by Joshua Samuel Sohn on behalf of Elsa Gulino,Mayling Ralph, Peter Wilds. New Address: Mishcon de Reya New York LLP, 750 7th













Avenue, 26th Floor, New York, New York, United States 10019, 212-612-3270. (Sohn,Joshua) (Entered: 11/05/2014)

11/06/2014 520 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel datedNovember 6, 2014 re: Special Master's Interim Report & Recommendation. Documentfiled by Board of Education of the New York City School District of the City of NewYork.(Fraenkel, William) (Entered: 11/06/2014)

11/10/2014 521 LETTER MOTION for Extension of Time to provide the Court with proposed injunctionlanguage addressed to Judge Kimba M. Wood from William S.J. Fraenkel datedNovember 10, 2014. Document filed by Board of Education of the New York City SchoolDistrict of the City of New York.(Fraenkel, William) (Entered: 11/10/2014)

11/10/2014 522 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated November 10, 2014 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 11/10/2014)

11/12/2014 523 ORDER granting 521 Letter Motion for Extension of Time: Granted. SO ORDERED.(Signed by Judge Kimba M. Wood on 11/12/2014) (tn) (Entered: 11/12/2014)

11/12/2014 524 SECOND AMENDED ORDER OF APPOINTMENT. Pursuant to Federal Rule of CivilProcedure 53(a)(1)(B) and this Court's inherent equitable powers and authority, this Courtappoints John S. Siffert as Special Master, and as further set forth herein. (Signed byJudge Kimba M. Wood on 11/12/2014) (rjm) (Entered: 11/13/2014)

11/13/2014 525 LETTER addressed to Judge Kimba M. Wood from Grace D. Kim dated November 13,2014 re: enclosing invoice dated November 10, 2014 from the Court-appointed expert.Document filed by Board of Education of the New York City School District of the Cityof New York.(Kim, Grace) (Entered: 11/13/2014)

11/17/2014 526 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated November 17, 2014 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 11/17/2014)

11/21/2014 527 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated November 21, 2014 re: Injunctive Relief. Document filed by Board ofEducation of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 11/21/2014)

11/24/2014 528 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated November 24, 2014 re: Status Update. Document filed by Board ofEducation of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 11/24/2014)

11/24/2014 529 MEMO ENDORSEMENT on re: 525 Letter, filed by Board of Education of the NewYork City School District of the City of New York. ENDORSEMENT: The Court hasreviewed the attached itemized statement, which Defendant does not dispute, and finds itregular and reasonable. The statement may be processed for payment. See Dkt. No. 434.(Signed by Judge Kimba M. Wood on 11/19/2014) (tn) (Entered: 11/24/2014)

11/24/2014 530 ORDER: The Court therefore adopts the November 21, 2014 injunction language theparties jointly submitted to the Court and enjoins the BOE as further set forth in thisorder. (Signed by Judge Kimba M. Wood on 11/24/2014) (tn) (Entered: 11/24/2014)

12/01/2014 531 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated December 1, 2014 re: Status Update. Document filed by Board of

















Education of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 12/01/2014)

12/02/2014 532 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated11/20/2014 re: We are submitting the enclosed bill for inspection for regularity andreasonableness pursuant to Your Honor's Order of Appointment dated May 20, 2014.ENDORSEMENT: The Court has reviewed the attached statement, which the parties haveapproved, and finds it regular and reasonable. The statement may be processed forpayment. See ECF No. 454. (Signed by Judge Kimba M. Wood on 12/1/2014) (tn)(Entered: 12/02/2014)

12/08/2014 533 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated December 8, 2014 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 12/08/2014)

12/09/2014 534 LETTER addressed to Judge Kimba M. Wood from Assistant Corporation Counsel GraceD. Kim dated 12/09/2014 re: enclosing invoice dated December 5, 2014 from the Court-appointed expert. Document filed by Board of Education of the New York City SchoolDistrict of the City of New York.(Kim, Grace) (Entered: 12/09/2014)

12/10/2014 535 MEMO ENDORSEMENT on re: 534 Letter, filed by Board of Education of the NewYork City School District of the City of New York. ENDORSEMENT: The Court hasreviewed the attached itemized statement, which Defendant does not dispute, and finds itregular and reasonable. The statement may be processed for payment. see ECF No. 434.(Signed by Judge Kimba M. Wood on 12/9/2014) (tn) (Entered: 12/10/2014)

12/11/2014 536 ORDER: that the Court GRANTS Plaintiffs' motion to strike Defendant's affirmativedefenses with respect to the three defenses noted above. The Court DENIES Plaintiffs'motion to strike all of Defendant's other proposed affirmative defenses. (Signed by JudgeKimba M. Wood on 12/11/2014) (tn) (Entered: 12/11/2014)

12/15/2014 537 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated December 15, 2014 re: Status Update. Document filed by Board ofEducation of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 12/15/2014)

12/17/2014 538 ORDER: Because the SED submitted these test forms at the Court's direction and not inresponse to a discovery request, and because the tests were sent to Plaintiffs' counsel bymistake, Plaintiffs shall, by December 23, 2014, return all copies of the aforementionedtest forms still in Plaintiffs' possession. If Plaintiffs made any copies of these test forms,Plaintiffs shall destroy those copies by December 23, 2014. (Signed by Judge Kimba M.Wood on 12/17/2014) (tn) (Entered: 12/17/2014)


12/30/2014 540 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated December 30, 2014 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 12/30/2014)

01/05/2015 541 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated January 5, 2015 re: Status Update. Document filed by Board of Educationof the New York City School District of the City of New York, Elsa Gulino, MaylingRalph, Peter Wilds.(Sohn, Joshua) (Entered: 01/05/2015)














01/08/2015 542 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated January 8, 2015re: Response to Mr. Trautwein's January 7, 2015 letter. Document filed by Nia Greene,Elsa Gulino, Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 01/08/2015)

01/13/2015 543 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated January 13, 2015 re: Status Update. Document filed by Board ofEducation of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 01/13/2015)

01/13/2015 544 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated1/8/2015 re: We are submitting the enclosed bill for inspection for regularity andreasonableness pursuant to Your Honor's Order of Appointment dated May 20, 2014.ENDORSEMENT: The Court has reviewed the attached itemized statement, which theparties have approved, and finds it regular and reasonable. The statement may beprocessed for payment. See ECF No. 454. (Signed by Judge Kimba M. Wood on1/13/2015) (tn) (Entered: 01/13/2015)


01/26/2015 546 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated January 26, 2015 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 01/26/2015)

01/30/2015 547 ORDER: On January 30, 2015, Special Master Siffert submitted the attached proposedscheduling plan for determining a damages model in this case. After review, the Courtfinds the plan reasonable and approves its use. (Signed by Judge Kimba M. Wood on1/30/2015) (tn) (Entered: 02/02/2015)

02/02/2015 548 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated February 2, 2015 re: Status Update. Document filed by Board ofEducation of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 02/02/2015)

02/03/2015 549 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated February 3, 2015re: Submitting Expert Report of Neutral Expert Dr. James Outtz Regarding LAST-2.Document filed by Elsa Gulino, Mayling Ralph, Peter Wilds. (Attachments: # 1 Dr. OuttzFebruary 2, 2015 Expert Report)(Sohn, Joshua) (Entered: 02/03/2015)

02/04/2015 550 STIPULATION: Any unsigned claim form or submission by a claimant may be processedto the extent otherwise permitted as if it were signed by the claimant, and may be used byeither party in any proceeding to the extent otherwise permitted as if it were signed by theclaimant. A claimant may cure any deficiency in his or her claim form up to the date setfor pretrial submissions for that claimant. In the event a claimant seeks to curedeficiencies more than four times, the claimant must seek leave from the Special Master ifthe opposing party does not consent. If the Garden City Group (GCO) identifies conflictsbetween a claimant's submissions, it will contact Plaintiffs' counsel, who may instructGCG how to resolve the conflict as to what data should be entered into the system.(Signed by Judge Kimba M. Wood on 2/4/2015) (tn) (Entered: 02/04/2015)

02/05/2015 551 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated1/28/2015 re: We are submitting the enclosed bill for inspection for regularity andreasonableness pursuant to Your Honor's Order of Appointment dated May 20, 2014.ENDORSEMENT: The Court has reviewed the attached itemized statement, which the














parties have approved, and finds it regular and reasonable. The statement may beprocessed for payment. See ECF No. 454. (Signed by Judge Kimba M. Wood on2/4/2015) (tn) (Entered: 02/05/2015)

02/09/2015 552 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated February 9, 2015 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 02/09/2015)

02/17/2015 553 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated February 17, 2015 re: Status Update. Document filed by Board ofEducation of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 02/17/2015)

02/19/2015 Minute Entry for proceedings held before Judge Kimba M. Wood: Interim PretrialConference was held on 2/19/2015. Plaintiff's counsel, Joshua Sohn, Rachel Stevens andJoshua Zane, were present. Defendant's counsel, William Fraenkel and Grace Kim, werepresent(see transcript).Defendant's expert report shall be submitted by 3/9/15 at 12:00p.m. ( Evidentiary Hearing is set for 3/20/2015 at 09:30 AM before Judge Kimba M.Wood.) (sc) (Entered: 02/24/2015)

02/20/2015 554 LETTER addressed to Judge Kimba M. Wood from Assistant Corporation Counsel GraceD. Kim dated Feb. 20, 2015 re: enclosing invoice dated February 18, 2015 from theCourt-appointed expert. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Kim, Grace) (Entered: 02/20/2015)

02/23/2015 555 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated February 23, 2015re: Confirmation of Dr. Outz Schedule. Document filed by Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 02/23/2015)

02/23/2015 556 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated February 23, 2015re: Expert Reports of Dr. Frank Landy and Dr. William Mehren. Document filed by ElsaGulino, Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 02/23/2015)

02/23/2015 557 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated February 23, 2015 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 02/23/2015)

02/25/2015 558 STIPULATION AND ORDER: Both parties will submit written expert reports inconnection with their proposed damages model no later than March 23, 2015. Thesubstance of these expert reports will be governed by Fed. R. Civ. P. 26(a)(2)(B). Eachparty will provide the other party with the computer code underlying its damages modelno later than March 23, 2015. Either party may depose the opposing party's expert.Depositions will be scheduled for the week of April 6, 2015, or as soon thereafter aspossible. The Special Master may attend any such deposition. The parties will submit ajoint Pre-hearing Report to the Special Master no later than 12:00 pm on April 20, 2015,in a format agreed upon by the parties and the Special Master. The Pre-hearing Reportwill include a joint statement of undisputed facts and undisputed issues and a jointstatement of disputed facts and disputed issues. Any supplemental pre-hearing briefingwill be due no later than 12:00 pm on April 30, 2015. Hearings on the damages modelwill be held May 7-8, 2015. Following the hearings on the damages model, the SpecialMaster will submit an Interim Report and Recommendation in accordance with theScheduling Plan, approved by the District Court on July 14, 2014. ONRECOMMENDATION OF THE SPECIAL MASTER. SO ORDERED. (Signed by JudgeKimba M. Wood on 2/24/2015) (tn) Modified on 3/4/2015 (tn). (Entered: 02/25/2015)










02/25/2015 559 MEMO ENDORSEMENT on re: 554 Letter, filed by Board of Education of the NewYork City School District of the City of New York. ENDORSEMENT: The Court hasreviewed the attached itemized statement, which Defendant does not dispute, and finds itregular and reasonable. The statement may be processed for payment. See ECF No. 434.(Signed by Judge Kimba M. Wood on 2/24/2015) (tn) (Entered: 02/25/2015)

03/02/2015 560 TRANSCRIPT of Proceedings re: conference held on 2/19/2015 before Judge Kimba M.Wood. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may beviewed at the court public terminal or purchased through the Court Reporter/Transcriberbefore the deadline for Release of Transcript Restriction. After that date it may beobtained through PACER. Redaction Request due 3/26/2015. Redacted TranscriptDeadline set for 4/6/2015. Release of Transcript Restriction set for 6/4/2015.(McGuirk,Kelly) (Entered: 03/02/2015)

03/02/2015 561 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a CONFERENCE proceeding held on 2/19/2015 has been filed bythe court reporter/transcriber in the above-captioned matter. The parties have seven (7)calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotely electronicallyavailable to the public without redaction after 90 calendar days...(McGuirk, Kelly)(Entered: 03/02/2015)

03/02/2015 562 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated March 2, 2015 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 03/02/2015)

03/04/2015 563 STIPULATION AND ORDER: Pursuant to the terms of the Court's November 24, 2014injunction (the "Injunction"), a class member seeking a permanent teaching position shallbe deemed to be certified by the State of New York for the purpose of employment byDefendant if he or she can establish to the Court's satisfaction, as further set forth in thisorder. Based on the parties' review of the relevant requirements contemplated byparagraph 1.a. above, they agree that the requirements to be deemed certified to teachelementary grades pre-kindergarten through 6th grade were as further set forth in thisorder. In addition to the meeting these requirements, class members seeking permanentemployment with Defendant must also complete three state-mandated workshops (childabuse identification/school violence prevention; harassment, bullying and discriminationprevention; and students with autism (for certain teaching titles)), which the parties agreethe class member may complete after being deemed certified, but before commencing hisor her classroom placement; and as further set forth in this order. ONRECOMMENDATION OF THE SPECIAL MASTER. SO ORDERED. (Signed by JudgeKimba M. Wood on 3/4/2015) (tn) Modified on 3/4/2015 (tn). (Entered: 03/04/2015)

03/09/2015 564 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated March 9, 2015 re: Status Update. Document filed by Board of Educationof the New York City School District of the City of New York, Elsa Gulino, MaylingRalph, Peter Wilds.(Sohn, Joshua) (Entered: 03/09/2015)

03/16/2015 565 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated March 16, 2015re: Rebuttal Report of Neutral Expert Dr. James Outtz. Document filed by Elsa Gulino,Mayling Ralph, Peter Wilds. (Attachments: # 1 March 16, 2015 Rebuttal Report of Dr.James Outtz)(Sohn, Joshua) (Entered: 03/16/2015)














03/17/2015 567 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated3/5/2015 re: Enclosed bill for inspection for regularity and reasonableness pursuant toYour Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT: The courthas reviewed the attached itemized statement, which the parties have approved, and findsit regular and reasonable. The statement may be processed for payment. See ECF No.454. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/16/2015) (kl) (Entered:03/17/2015)

03/17/2015 568 ORDER: The subpoena requires the NYSED's compliance by March 11, 2015. TheNYSED contends that the work required to comply with the subpoena is too extensive tocomplete in the time allotted and has asked the Court for an extension to May 8, 2015.The Court agrees that the NYSED should be given more time to comply with Plaintiffs'subpoena, but does not believe NYSED needs until May 8, 2015 to do so. Accordingly,NYSED shall comply with Plaintiffs' February 25, 2015 subpoena by April 6, 2015. SOORDERED. (Signed by Judge Kimba M. Wood on 3/17/2015) (kl) (Entered: 03/17/2015)

03/17/2015 569 ORDER. A hearing regarding Dr. Outtz's report on the validity of the LAST-2 will beheld on March 20, 2015. The parties and Dr. Outtz should come to the conferenceprepared to discuss the following topics: (1) The use of the LAST in assessing theknowledge, skills, and abilities of every New York City public school teacher, includingteachers as different from one another as, e.g., kindergarten teachers, fifth grade musicteachers, and twelfth grade advanced biology teachers; a. Are there common areas ofknowledge that all New York City public school teachers should have? b. If so, werethese areas of knowledge identified during the LAST validation process? c. If so, pleasebe prepared to describe those areas of knowledge in detail. (2) The definition of a "jobtask"; (3) The extent to which a job analysis assesses the contentin other words,knowledgerequired to adequately perform a job, versus the extent to which it assesses therequired behavioral taskse.g., drawing up a lesson plan, or grading students. The partiesshould also come prepared to discuss the November 24, 2014 injunction entered by theCourt. [ECF No. 530]. Specifically, does paragraph 2(a) require class members to havemet all certification requirements other than passage of the LAST during the time theLAST was administered, or can class members continue to fulfill those otherrequirements currently? (Signed by Judge Kimba M. Wood on 3/17/2015) (rjm) (Entered:03/18/2015)

03/20/2015 Minute Entry for proceedings held before Judge Kimba M. Wood: Evidentiary Hearingheld on 3/20/2015. Plaintiff's counsel, Joshua Sohn, Anthony Gill, Spencer Stiefel, JoshuaKane, and Peter D'agostino, are present. Defendants counsel, William Frenkel and GraceKim, are present. Court reporter is present. Hearing is held (see transcript). (tro) Modifiedon 3/23/2015 (tro). (Entered: 03/23/2015)

03/20/2015 Minute Entry for proceedings held before Judge Kimba M. Wood: Telephone Conferenceheld on 3/20/2015 (see transcript). Plaintiff's counsel, Joshua Sohn, is present.Defendant's counsel, William Frenkel and Grace Kim, are present. State EducationDepartment attorneys, Richard Trautwein and Shannon Tahoe, are present. Court reporteris present. (tro) Modified on 3/23/2015 (tro). (Entered: 03/23/2015)


03/23/2015 571 STIPULATION AND ORDER: IT IS THEREFORE STIPULATED THAT Although theDOE may have some knowledge of some or all of the above factors, the parties agree, andthe Special Master concurs, that the DOE will not need to raise the above factors beforethe Special Master in order to preserve the DOE's right to consider these factors in the








normal course of the DOE's business when the DOE considers whether to make theclaimant an offer of employment as teacher. The DOE will not raise any of the abovefactors as a defense or offset to the claims for monetary relief by any claimants in thiscase, except to the extent that any of these factors were actually the basis of a (1) for-cause termination, or (2) the initiation of a termination proceeding or a disciplinary orinvestigatory proceeding that allegedly would have resulted in the claimant's inevitabletermination. The DOE will not raise any of the above factors as a basis to arguethat aclaimant has not fulfilled the necessary requirements to be deemed State certified pursuantto the Court's Order of November 24, 2014. Except as limited by the Court's Order ofNovember 24, 2014, nothing herein is intended to limit the DOE's discretion in decidingwhether to offer a claimant employment as teacher. ON THE RECOMMENDATION OFTHE SPECIAL MASTER SO ORDERED. (Signed by Judge Kimba M. Wood on3/23/2015) (kl) (Entered: 03/23/2015)

03/23/2015 572 STIPULATION AND ORDER: The parties agree that the inadvertent production ofprivileged or work-product protected documents or materials, including any electronicallystored information ("ESI") or information, is not a waiver of the privilege or protectionfrom discovery in this case or in any other federal or state proceeding. This Order shall beinterpreted to provide the maximum protection allowed by Federal Rule of Evidence502(d). This Order is not intended to, nor shall it serve to, limit a party's right to conduct areview of documents or materials, ESI or information (including metadata) for relevance,responsiveness and/or segregation of privileged and/or protected information beforeproduction. A party seeking to assert a claim of inadvertent production must do so nolater than the deadline for submission of pretrial materials for a particular claimant. ONTHE RECOMMENDATION OF THE SPECIAL MASTER SO ORDERED. (Signed byJudge Kimba M. Wood on 3/23/2015) (kl) (Entered: 03/23/2015)


03/30/2015 574 LETTER addressed to Judge Kimba M. Wood from Assistant Corporation Counsel GraceD. Kim dated Mar. 30, 2015 re: enclosing invoice dated Mar. 26, 2015 from the Court-appointed expert. Document filed by Board of Education of the New York City SchoolDistrict of the City of New York.(Kim, Grace) (Entered: 03/30/2015)

03/30/2015 575 ORDER: During a telephone conference the Court held with the parties and the SED onMarch 30, 2015, the Court stated that it will review the validity of the ALST. To do so,the following schedule shall be followed: Dr. Outtz shall submit his report concerning thevalidity of the ALST by Monday, June 1, 2015, at 5:00 p.m. Any party wishing to respondto Dr. Outtz's report shall do so by Monday, June 15, 2015, at 5:00 p.m. A hearing shallbe held concerning Dr. Outtzs June 1, 2015 report, and the responses thereto, on Monday,June 22, 2015, at 1:00 p.m. If the SED or Pearson wish to defend the validity of theALST, they should appear at the hearing and be prepared to testify as to its validity. If anyparty wishes to submit its own expert to testify at the hearing, that party may do so. Tocomply with the Court's schedule, Dr. Outtz requires the SED to provide him with allnecessary documentation concerning the validation process of the ALST by April 6,2015, at 5:00 p.m. Any objection the SED has to providing the necessary discovery bythis time should be submitted to the Court by April 1, 2015 at 5:00 p.m. (Signed by JudgeKimba M. Wood on 3/30/2015) (kl) (Entered: 03/30/2015)

03/30/2015 Minute Entry for proceedings held before Judge Kimba M. Wood: Telephone Conferenceheld on 3/30/2015. Plaintiffs counsel, Joshua Sohn and Rachel Stevens, are present.Defendants counsel, William Frenkel and Grace Kim, are present. State EducationDepartment attorneys, Richard Trautwein and Shannon Tahoe, are present. Court reporter







is present. Telephonic Conference is held (see transcript). (Lajoie, Sara) (Entered:03/31/2015)

03/31/2015 576 ORDER: Class members seeking permanent employment by the City School District forthe City of New York pursuant to this Order, must, in addition to satisfying one of thesubparagraphs of paragraph (2) above, also comply with the current State-mandatedworkshops in: (a) child-abuse identification and reporting, and school violence preventionand intervention; (b) the needs of students with autism for certain classroom teachingtitles; and (c) harassment, bullying and discrimination prevention and intervention asthese requirements are codified in New York State Regulations 80-1.4, 80-1.12 & 80-1.13before they may be hired for permanent employment by the City School District for theCity of New York. Class members who establish their compliance with one of thesubparagraphs of Paragraph (2) will not be required to bear the costs associated withcomplying with these workshops. (Signed by Judge Kimba M. Wood on 3/31/2015) (kl)(Entered: 03/31/2015)

04/01/2015 577 MEMO ENDORSEMENT on re: 574 Letter request regarding enclosing invoice datedMar. 26, 2015 from the Court-appointed expert, filed by Board of Education of the NewYork City School District of the City of New York. ENDORSEMENT: The Court hasreviewed the attached itemized statement, which Defendant does not dispute, and finds itregular and reasonable. The statement may be processed for payment. See ECF No. 434.SO ORDERED. (Signed by Judge Kimba M. Wood on 3/31/2015) (kl) (Entered:04/01/2015)

04/01/2015 578 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated3/26/2015 re: Enclosed bill for inspection for regularity and reasonableness.ENDORSEMENT: The Court has reviewed the attached itemized statement, which theparties have approved, and finds it regular and reasonable. The statement may beprocessed for payment. See ECF. 454. SO ORDERED. (Signed by Judge Kimba M.Wood on 3/31/2015) (kl) (Entered: 04/01/2015)

04/03/2015 579 ORDER: On March 30, 2015, the Court issued an Order setting a schedule for assessingthe validity of the Academic Literacy Skills Test ("ALST"). On April 1, 2015, the SEDsubmitted a letter to the Court in opposition to the entirety of the Court's Order. Forreasons that will be detailed in a forthcoming Opinion and Order, the Court isunpersuaded by the SED's arguments. With one exception, the Courts Order shall stand.Accordingly, the SED's request that all briefing and hearing deadlines be extended bythirty days is DENIED. However, the Court will extend the deadline to provide Dr. Outtzwith all necessary ALST documentation; the SED shall provide Dr. Outtz with thedocumentation he requests by Friday, April 10, at 5 p.m. Attached to this Order is a list ofthe specific documents Dr. Outtz needs to complete his review of the ALST. Additionally,to alleviate somewhat the SED's production burden, the Court also grants the SED anextension on compliance with the Court's March 17, 2015 Order [ECF No. 568] untilApril 20, 2015. (Signed by Judge Kimba M. Wood on 4/3/2015) (kl) (Entered:04/03/2015)

04/03/2015 580 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated April 3, 2015 re:Hearing Scheduled for June 22, 2015. Document filed by Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 04/03/2015)

04/03/2015 581 MEMO ENDORSEMENT on re: 580 Letter request regarding Hearing Scheduled forJune 22, 2015, filed by Elsa Gulino, Mayling Ralph, Peter Wilds. ENDORSEMENT:Granted. (Signed by Judge Kimba M. Wood on 4/3/2015) (kl) (Entered: 04/03/2015)

04/06/2015 582 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated April 6, 2015 re: Status Update. Document filed by Board of Education of the New












York City School District of the City of New York, Elsa Gulino, Mayling Ralph, PeterWilds.(Sohn, Joshua) (Entered: 04/06/2015)

04/07/2015 583 ORDER: On March 30, 2015, the Court issued an Order setting a schedule for assessingthe validity of the Academic Literacy Skills Test ("ALST"). On April 1, 2015, the SEDsubmitted a letter to the Court in opposition to the entirety of the Court's Order. The Courtresponded to that letter in an April 3, 2015 Order amending, in part, its March 30, 2015Order. On April 6, 2015, the SED submitted a second letter, taking issue with Dr. Outtz'sdocument requests, which the Court included in its April 3, 2015 Order. An amendedversion of Dr. Outtz's document requests are included below, as well as an amendedschedule for the SED's compliance. (Signed by Judge Kimba M. Wood on 4/7/2015) (kl)(Entered: 04/07/2015)


04/13/2015 585 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated April 13, 2015 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 04/13/2015)

04/13/2015 586 ORDER: After conferring with the parties, who do not dispute the Special Master'sdetermination of the need for an expert consultant, the Special Master selected Robert G.Bentley to fill that position. Therefore, upon consideration of the relevant facts and theneeds of this case, the recommendation of the Special Master, and without objection ofthe parties, IT IS HEREBY ORDERED THAT: Robert Bentley shall serve as theconsultant to the Special Master for purposes of reviewing educational transcripts of classmembers who seek to be deemed certified pursuant to paragraph 2(a) of the Injunction(requirements for a Provisional Certificate) in order to determine whether those classmembers have satisfied the educational credits that were required for a ProvisionalCertificate prior to February 13, 2004. (Signed by Judge Kimba M. Wood on 4/13/2015)(kl) (Entered: 04/13/2015)

04/13/2015 587 OPINION & ORDER: For the reasons that follow, the Court is unpersuaded by the SED'sletter. The Court's March 30, 2015 Order, as amended by the Court's April 3, 2015 [ECFNo. 579] and April 7, 2015 Order, [ECF No. 583], shall stand. The Court's March 30,2015 Order, as amended by the Court's April 3, 2015 and April 7, 2015 Order, remains ineffect, notwithstanding SED's opposition thereto. (Signed by Judge Kimba M. Wood on4/13/2015) (kl) (Entered: 04/13/2015)

04/14/2015 588 ORDER. By April 17, 2015, at 5:00 p.m., the SED shall make available to the parties tothis litigation all materials it provided to Dr. Outtz on April 10, 2015. When the SEDprovides Dr. Outtz with additional materials on April 24, 2015, it shall also make thosematerials available to the parties. The parties are reminded that this material isconfidential, and that they are bound to treat it as such, pursuant to Court order. See [ECFNos. 58, 423, 431, 446]. (Signed by Judge Kimba M. Wood on 4/14/2015) (rjm) (Entered:04/14/2015)

04/15/2015 589 LETTER addressed to Judge Kimba M. Wood from Shannon L. Tahoe dated 3/9/2015 re:Response to the report of Court-appointed expert, Dr. James Outtz, dated February 2,2015 ("Report"). Document filed by NCS Pearson, Inc., New York State EducationDepartment.(kl) (Entered: 04/15/2015)

04/17/2015 590 LETTER addressed to Judge Kimba M. Wood from Richard J. Trautwein dated 4/1/2015re: non-party New York State Education Department's ("NYSED") objections to theCourt's Order dated March 30, 2015 (Dkt. No. 575 - "the Order"). Document filed byNew York State Education Department. (kl) (Entered: 04/17/2015)










04/20/2015 591 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated April 20, 2015 re: Status Update. Document filed by Board of Educationof the New York City School District of the City of New York, Elsa Gulino, MaylingRalph, Peter Wilds.(Sohn, Joshua) (Entered: 04/20/2015)

04/21/2015 592 REBUTTAL REPORT OF CHAD Q. BUCKENDAHL, Ph.D. March 9, 2015. (Acceptedas a docket and file by Chambers.) (mro) (Entered: 04/22/2015)

04/27/2015 593 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated April 27, 2015 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 04/27/2015)

05/04/2015 594 LETTER addressed to Judge Kimba M. Wood from Assistant Corporation Counsel GraceKim dated May 4, 2015 re: enclosing invoice dated May 1, 2015 from the Court-appointed expert. Document filed by Board of Education of the New York City SchoolDistrict of the City of New York.(Kim, Grace) (Entered: 05/04/2015)

05/04/2015 595 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated May 4, 2015 re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 05/04/2015)

05/05/2015 596 MEMO ENDORSEMENT on re: 594 Letter request regarding enclosing invoice datedMay 1, 2015 from the Court-appointed expert, filed by Board of Education of the NewYork City School District of the City of New York. ENDORSEMENT: The Court hasreviewed the attached itemized statement, which Defendant does not dispute, and finds itregular and reasonable. The statement may be processed for payment. See ECF No. 434.SO ORDERED. (Signed by Judge Kimba M. Wood on 5/4/2015) (kl) (Entered:05/05/2015)

05/11/2015 597 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated May 11,2015 re: Invoice from GCG. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 05/11/2015)

05/11/2015 598 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated May 11, 2015 re: Status Update. Document filed by Board of Education of the NewYork City School District of the City of New York, Elsa Gulino, Mayling Ralph, PeterWilds.(Sohn, Joshua) (Entered: 05/11/2015)

05/12/2015 599 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated5/4/2015 re: Order of Appointment dated May 20, 2014. ENDORSEMENT: The Courthas reviewed the attached itemized statement, which the parties have approved, and findsit regular and reasonable. The statement may be processed for payment. See ECF. No.454. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/11/2015) (kl) (Entered:05/12/2015)

05/13/2015 600 MEMO ENDORSEMENT on re: 597 Letter request regarding Invoice from GCG, filedby Board of Education of the New York City School District of the City of New York.ENDORSEMENT: The Court has reviewed the attached itemized statement, which theparties have approved, and finds it regular and reasonable. The statement may beprocessed for payment. See ECF. No. 471. (Signed by Judge Kimba M. Wood on5/13/2015) (kl) (Entered: 05/13/2015)
















05/20/2015 602 ORDER: The Court has received the SED's letter requesting the adjournment of the June22, 2015 hearing (the "Hearing") that the Court scheduled to assess the validity of theALST. The Court DENIES the SED's request. Out of fairness to all parties, and forreasons of judicial economy, the hearing to assess the validity of the ALST shall takeplace on June 22, 2015, as previously scheduled. (Signed by Judge Kimba M. Wood on5/20/2015) (kko) (Entered: 05/21/2015)


06/01/2015 604 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: The timefor the Special Master to Submit an Interim Report and Recommendation respecting thepending motions concerning the use of "attrition rates" and the exclusion of certaincategories' of employees from the class be adjourned until the date that the Special Masteris to submit an separate Interim Report and Recommendation respecting how a plaintiff'sentitlement to damages may be impacted by that plaintiff having subsequently passed theLAST. (Signed by Judge Kimba M. Wood on 6/1/2015) (kl) (Entered: 06/01/2015)

06/01/2015 605 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated June 1, 2015 re: Status Update. Document filed by Board of Education of the NewYork City School District of the City of New York, Elsa Gulino, Mayling Ralph, PeterWilds.(Sohn, Joshua) (Entered: 06/01/2015)

06/02/2015 606 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated5/28/2015 re: Enclosed bill for inspection for regularity and reasonableness.ENDORSEMENT: The Court has reviewed the attached itemized statement, which theparties have approved, and finds it regular and reasonable. The statement may beprocessed for payment. See ECF No. 454. SO ORDERED. (Signed by Judge Kimba M.Wood on 6/2/2015) (kl) (Entered: 06/02/2015)

06/03/2015 607 ENDORSED LETTER addressed to Judge Kimba M. Wood from Aaron Baldwin dated6/3/2015 re: Deadline for Response to Dr. Outtz' report. ENDORSEMENT: All responsesto Dr. Outtz's report shall be due by June 16, 2015, at 5:00 p.m. (Signed by Judge KimbaM. Wood on 6/3/2015) (kl) (Entered: 06/03/2015)

06/05/2015 608 OPINION & ORDER: For the reasons set forth above, the Court finds that the BOEviolated Title VII by requiring Plaintiffs to pass the LAST-2 in order to receive apermanent teaching license. The parties shall submit a joint status letter to the Court byJune 29, 2015, identifying what steps need to be taken in accordance with this Opinion.(Signed by Judge Kimba M. Wood on 6/5/2015) (kl) (Entered: 06/05/2015)

06/05/2015 609 LETTER addressed to Judge Kimba M. Wood from Assistant Corporation Counsel GraceD. Kim dated June 5, 2015 re: enclosing invoice dated June 5, 2015 from the Court-appointed expert. Document filed by Board of Education of the New York City SchoolDistrict of the City of New York.(Kim, Grace) (Entered: 06/05/2015)

06/05/2015 710 INTERNET CITATION NOTE: Material from decision with Internet citation re: 608Memorandum & Opinion. (Attachments: # 1 internet citation, # 2 internet citation) (yv)(Entered: 12/30/2015)

06/08/2015 610 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: Pursuantto the terms of the Court's November 24, 2014 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by the
















State of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: She satisfied the requirements for a provisional certificatein the certificate title sought, other than passing the LAST exam, during the period theLAST was a prerequisite for New York State certification; or She was appointed under aNew York City Board of Examiners Credential and satisfied the "maximumrequirements," other than passing the LAST exam, that were in effect at the time the NewYork City Board of Examiners ceased operating; or She meets all current requirements foremployment as a teacher by Defendant, except for passing the ALST exam. (Signed byJudge Kimba M. Wood on 6/8/2015) (kl) (Entered: 06/08/2015)

06/08/2015 611 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: OnMarch 4, 2015 the Court signed a stipulation confirming that Lissette Rosario has met therequirements to be deemed certified to teach elementary grades. (See DKT 563.) Ms.Rosario now seeks a bi-lingual extension to her elementary certificate. In support of herbi-lingual extension certificate, plaintiffs' counsel sent Ms. Rosario's education transcriptsand other relevant documents to Robert Bentley, the consultant retained by the SpecialMaster, for his review. On March 20, 2015, Mr. Bentley concluded, based on his reviewof Ms. Rosario's education transcripts and other documents, and upon confirmation thatMs. Rosario is proficient in English, that Ms. Rosario has met the necessary requirementscontemplated by paragraph 1.a. above for a bi-lingual extension certificate. On Mr.Bentley's recommendation, the parties agree that Ms. Rosario shall, pursuant to theInjunction, be deemed by the Court to be certified by the State of New York to teachelementary grades with a bi-lingual extension and shall be eligible to seek employmentwith Defendant with that certificate title. The parties will submit by further stipulationadditional Plaintiffs to be deemed certified as they are identified. This Stipulation may besigned in counterparts and facsimile or e-mailed copies shall be deemed originals.(Signed by Judge Kimba M. Wood on 6/8/2015) (kl) (Entered: 06/08/2015)

06/08/2015 612 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated June 8, 2015 re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 06/08/2015)

06/10/2015 613 MEMO ENDORSEMENT on re: 609 Letter request regarding enclosing invoice datedJune 5, 2015 from the Court-appointed expert, filed by Board of Education of the NewYork City School District of the City of New York. ENDORSEMENT: The Court hasreviewed the attached itemized statement, which Defendant does not dispute, and finds itregular and reasonable. The statement may be processed for payment. See ECF No. 434.SO ORDERED. (Signed by Judge Kimba M. Wood on 6/10/2015) (kl) (Entered:06/10/2015)

06/15/2015 614 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Grace Kimdated June 15, 2015 re: Status Update. Document filed by Board of Education of the NewYork City School District of the City of New York, Elsa Gulino, Mayling Ralph, PeterWilds.(Sohn, Joshua) (Entered: 06/15/2015)

06/16/2015 615 ORDER: A hearing regarding the validity of the ALST will be held on June 22, 2015.The parties, the SED, Pearson, and Dr. Outtz should come to the hearing prepared toanswer the following questions. (As further set forth in this Order.) (Signed by JudgeKimba M. Wood on 6/16/2015) (ajs) (Entered: 06/17/2015)

06/17/2015 616 NOTICE OF APPEARANCE by Mark Andrew Osmond on behalf of Board of Educationof the New York City School District of the City of New York. (Osmond, Mark) (Entered:06/17/2015)

06/18/2015 617 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated June 18,











2015 re: ALST. Document filed by Board of Education of the New York City SchoolDistrict of the City of New York.(Fraenkel, William) (Entered: 06/18/2015)

06/19/2015 618 ORDER: To guide the parties in their planning for the June 22, 2015 hearing on thevalidity of the ALST, the Court would like to focus the majority of the hearing on topicsother than sampling. In addition, the Court would like Dr. Outtz to take the stand first,followed by Dr. Paullin, and then Dr. Geisinger. The remaining witnesses should follow.(Signed by Judge Kimba M. Wood on 6/19/2015) (kl) (Entered: 06/19/2015)

06/19/2015 619 ENDORSED LETTER addressed to Judge Kimba M. Wood from Richard J. Trautweindated 6/19/2015 re: The Court defer consideration on DOE's request pending completionof the ALST hearing. ENDORSEMENT: The City did not ask, and I do not intend, toissue the referenced order, before considering the evidence offered at the hearing. (Signedby Judge Kimba M. Wood on 6/19/2015) (kl) (Entered: 06/22/2015)

06/22/2015 620 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated6/19/2015 re: Endorse the statement so that it may be processed for payment by theDefendant. ENDORSEMENT: The Court has reviewed the attached itemized statement,which the parties have approved, and finds it regular and reasonable. The statement maybe processed for payment. See ECF No. 586. (Signed by Judge Kimba M. Wood on6/19/2015) (kl) (Entered: 06/22/2015)

06/23/2015 Minute Entry for proceedings held before Judge Kimba M. Wood: Evidentiary Hearingheld on 6/22/2015. Attorneys Joshua Sohn, Rachel Stevens, Mark Lee, Spencer Steifeland Defne Gunay are present for the plaintiffs. Attorneys William Fraenkel, MarkOsmond and Grace Kim are present for the defendants. Attorney Phillip McKinney ispresent for NCS Pearson, Inc. Attorneys Aaron Baldwin and Shannon Tahoe are presentfor the State Education Department. Court reporter is present. Hearing begins (seetranscript.) The Court questions Phillip Gullion. Cross examination of Dr. James Outtz byPearson counsel, SED counsel, plaintiffs' counsel and defense counsel. Cross examinationof Dr. Cheryl Paullin by plaintiffs' counsel. Cross examination of Kenneth Wagner byplaintiffs' counsel. Cross examination of Dr. Geisinger begins. Adjourned to 6/23/15.(Lajoie, Sara) (Entered: 06/23/2015)

06/23/2015 Minute Entry for proceedings held before Judge Kimba M. Wood: Evidentiary Hearingheld on 6/23/2015. Attorneys Joshua Sohn, Rachel Stevens, Mark Lee, Spencer Steifeland Defne Gunay are present for the plaintiffs. Attorneys William Fraenkel, MarkOsmond and Grace Kim are present for the defendants. Attorney Phillip McKinney ispresent for NCS Pearson, Inc. Attorneys Aaron Baldwin and Shannon Tahoe are presentfor the State Education Department. Court reporter is present. Hearing continues (seetranscript.) The Court questions Phillip Gullion. Cross examination of Phillip Gullion bythe plaintiff. Cross examination of Martin Karlin by the plaintiff and Pearson counsel, andquestioning by the Court. Cross examination of Walter Way by the plaintiff. Crossexamination of Dr. Outtz by the plaintiff. Hearing concluded. (Lajoie, Sara) (Entered:06/23/2015)

06/29/2015 621 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated June 29, 2015 re: Status Update. Document filed by Board of Education of the NewYork City School District of the City of New York, Elsa Gulino, Mayling Ralph, PeterWilds.(Sohn, Joshua) (Entered: 06/29/2015)

06/29/2015 622 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated June 29,2015 re: Invoice from CGC, Claims Administrator. Document filed by Board ofEducation of the New York City School District of the City of New York.(Fraenkel,William) (Entered: 06/29/2015)

07/01/2015 623 MEMO ENDORSEMENT on re: 622 Letter request regarding Invoice from CGC, Claims










Administrator, filed by Board of Education of the New York City School District of theCity of New York. ENDORSEMENT: The Court has reviewed the attached itemizedstatement, which the parties do not dispute, and finds it regular and reasonable. Thestatement may be processed for payment. See ECF No. 471. (Signed by Judge Kimba M.Wood on 7/1/2015) (kl) (Entered: 07/01/2015)

07/02/2015 624 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated July 2, 2015 re:post-hearing submission regarding the validity of the ALST. Document filed by NiaGreene, Elsa Gulino, Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 07/02/2015)

07/06/2015 625 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated July 6, 2015 re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 07/06/2015)

07/07/2015 626 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated July 7,2015 re: July 2nd Invoice of Dr. Outtz. Document filed by Board of Education of the NewYork City School District of the City of New York.(Fraenkel, William) (Entered:07/07/2015)

07/09/2015 627 TRANSCRIPT of Proceedings re: HEARING held on 6/22/2015 before Judge Kimba M.Wood. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may beviewed at the court public terminal or purchased through the Court Reporter/Transcriberbefore the deadline for Release of Transcript Restriction. After that date it may beobtained through PACER. Redaction Request due 8/3/2015. Redacted Transcript Deadlineset for 8/13/2015. Release of Transcript Restriction set for 10/13/2015.(McGuirk, Kelly)(Entered: 07/09/2015)

07/09/2015 628 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a TRIAL proceeding held on 6/22/2015 has been filed by the courtreporter/transcriber in the above-captioned matter. The parties have seven (7) calendardays to file with the court a Notice of Intent to Request Redaction of this transcript. If nosuch Notice is filed, the transcript may be made remotely electronically available to thepublic without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/09/2015)

07/09/2015 629 TRANSCRIPT of Proceedings re: TRIAL corrected held on 6/22/2015 before JudgeKimba M. Wood. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300.Transcript may be viewed at the court public terminal or purchased through the CourtReporter/Transcriber before the deadline for Release of Transcript Restriction. After thatdate it may be obtained through PACER. Redaction Request due 8/3/2015. RedactedTranscript Deadline set for 8/13/2015. Release of Transcript Restriction set for10/13/2015.(McGuirk, Kelly) (Entered: 07/09/2015)

07/09/2015 630 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a TRIAL corrected proceeding held on 6/22/2015 has been filed bythe court reporter/transcriber in the above-captioned matter. The parties have seven (7)calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotely electronicallyavailable to the public without redaction after 90 calendar days...(McGuirk, Kelly)(Entered: 07/09/2015)

07/09/2015 631 TRANSCRIPT of Proceedings re: TRIAL held on 6/23/2015 before Judge Kimba M.Wood. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may beviewed at the court public terminal or purchased through the Court Reporter/Transcriberbefore the deadline for Release of Transcript Restriction. After that date it may beobtained through PACER. Redaction Request due 8/3/2015. Redacted Transcript Deadline











set for 8/13/2015. Release of Transcript Restriction set for 10/13/2015.(McGuirk, Kelly)(Entered: 07/09/2015)

07/09/2015 632 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a TRIAL proceeding held on 6/23/2015 has been filed by the courtreporter/transcriber in the above-captioned matter. The parties have seven (7) calendardays to file with the court a Notice of Intent to Request Redaction of this transcript. If nosuch Notice is filed, the transcript may be made remotely electronically available to thepublic without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/09/2015)

07/09/2015 633 MEMO ENDORSEMENT on re: 626 Letter request regarding July 2nd Invoice of Dr.Outtz, filed by Board of Education of the New York City School District of the City ofNew York. ENDORSEMENT: The Court has reviewed the attached itemized statement,which Defendant does not dispute, and finds it regular and reasonable. The statement maybe processed for payment. See ECF No. 434. (Signed by Judge Kimba M. Wood on7/8/2015) (kl) (Entered: 07/09/2015)

07/09/2015 634 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated7/1/2015 re: Enclosed bill for inspection for regularity and reasonableness pursuant toYour Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT: The Courthas reviewed the attached itemized statement, which the parties have approved, and findsit regular and reasonable. The statement may be processed for payment. See ECF No.454. (Signed by Judge Kimba M. Wood on 7/8/2015) (kl) (Entered: 07/09/2015)

07/13/2015 635 SEALED DOCUMENT placed in vault.(rz) (Entered: 07/13/2015)

07/13/2015 636 SEALED DOCUMENT placed in vault.(rz) (Entered: 07/13/2015)

07/13/2015 637 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated July 13, 2015 re: Status Update. Document filed by Board of Education of the NewYork City School District of the City of New York, Elsa Gulino, Mayling Ralph, PeterWilds.(Sohn, Joshua) (Entered: 07/13/2015)

07/20/2015 638 DECLARATION OF KENNETH WAGNER. Document filed by New York State Boardof Regents, New York State Education Department. (kl) (Entered: 07/20/2015)

07/20/2015 639 EXPERT'S DECLARATION AND REPORT OF KURT F. GEISINGER, Ph.D.Document filed by New York State Education Department. (kl) (Entered: 07/20/2015)

07/20/2015 640 DECLARATION OF PHILLIP GULLION. Document filed by New York State EducationDepartment. (kl) (Entered: 07/20/2015)

07/20/2015 641 EXPERT REPORT AND DECLARATION OF MARTIN B. KARLIN. Document filedby New York State Education Department. (kl) (Entered: 07/20/2015)

07/20/2015 642 EXPERT REPORT AND DECLARATION OF CHERYL J. PAULLIN. Document filedby New York State Education Department. (kl) (Entered: 07/20/2015)

07/20/2015 643 EXPERT REPORT AND DECLARATION OF WALTER D. WAY. Document filed byNew York State Education Department. (kl) (Entered: 07/20/2015)

07/20/2015 644 DECLARATION OF STEVEN KATZ. Document filed by New York State EducationDepartment. (kl) (Entered: 07/20/2015)

07/20/2015 645 EXPERT REPORT OF JAMES L. OUTTZ, Ph.D. (kl) (Entered: 07/20/2015)

07/20/2015 646 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated July 20, 2015 re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 07/20/2015)

















07/21/2015 Minute Entry for proceedings held before Judge Kimba M. Wood: Telephone Conferenceheld on 7/20/2015. Attorneys Joshua Sohn and Rachel Stevens are present for theplaintiffs. Attorneys William Fraenkel and Mark Osmond are present for the defendants.Attorney Phillip McKinney is present for NCS Pearson, Inc. Attorneys Aaron Baldwinand Shannon Tahoe are present for the State Education Department. Court reporter ispresent. Telephonic conference held (see transcript). (Lajoie, Sara) (Entered: 07/21/2015)

07/21/2015 647 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated 7/21/15 re:Process of conducting a "futures" job analysis.. Document filed by Elsa Gulino, MaylingRalph, Peter Wilds. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sohn,Joshua) (Entered: 07/21/2015)

07/21/2015 648 POST-TRIAL BRIEF OF NON-PARTY NEW YORK STATE EDUCATIONDEPARTMENT. Document filed by New York State Education Department.(ajs)(Entered: 07/21/2015)

07/22/2015 649 NON-PARTY PEARSON'S POST-TRIAL BRIEF ON VALIDITY OF ALST. Documentfiled by NCS Pearson, Inc. (kl) (Main Document 649 replaced on 8/4/2015) (kl). Modifiedon 8/4/2015 (kl). (Entered: 07/22/2015)

07/27/2015 650 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated July 27, 2015 re: Status Update. Document filed by Board of Education of the NewYork City School District of the City of New York, Elsa Gulino, Mayling Ralph, PeterWilds.(Sohn, Joshua) (Entered: 07/27/2015)

07/28/2015 651 STIPULATION AND ORDER: Pursuant to the terms of the Court's November 24, 2014injunction (the "Injunction"), a class member seeking a permanent teaching position shallbe deemed to be certified by the State of New York for the purpose of employment byDefendant if he or she can establish to the Court's satisfaction that: She satisfied therequirements for a provisional certificate in the certificate title sought, other than passingthe LAST exam, during the period the LAST was a prerequisite for New York Statecertification; or She was appointed under a New York City Board of ExaminersCredential and satisfied the "maximum requirements," other than passing the LAST exam,that were in effect at the time the New York City Board of Examiners ceased operating; orShe meets all current requirements for employment as a teacher by Defendant, except forpassing the ALST exam. (As further set forth in this Order) (Signed by Judge Kimba M.Wood on 7/27/2015) (kl) (Entered: 07/28/2015)

07/28/2015 ***DELETED DOCUMENT. Deleted document number 652 Appendix A. Thedocument was incorrectly filed in this case. (kl) (Entered: 07/29/2015)

07/28/2015 ***DELETED DOCUMENT. Deleted document number 653 Appendix I. Thedocument was incorrectly filed in this case. (kl) (Entered: 07/29/2015)

07/28/2015 ***DELETED DOCUMENT. Deleted document number 654 Appendix K. Thedocument was incorrectly filed in this case. (kl) (Entered: 07/29/2015)

07/28/2015 652 EXHIBIT: ALST TECHNICAL MANUAL. Document filed by New York StateEducation Department. (Attachments: # 1 Appendix A, # 2 Appendix I, # 3 Appendix K,# 4 Appendix L, # 5 Appendix M, # 6 Appendix M-L, # 7 Appendix O, # 8 Appendix P)(kl) Modified on 7/29/2015 (kl). (Entered: 07/29/2015)

07/28/2015 653 PEARSON CHART. Document filed by NCS Pearson, Inc. (kl) (Entered: 07/29/2015)

07/29/2015 654 STIPULATION AND ORDER: Pursuant to the terms of the Court's November 24, 2014injunction (the "Injunction"), a class member seeking a permanent teaching position shallbe deemed to be certified by the State of New York for the purpose of employment byDefendant if he or she can establish to the Court's satisfaction that: She satisfied the

























requirements for a provisional certificate in the certificate title sought, other than passingthe LAST exam, during the period the LAST was a prerequisite for New York Statecertification; or She was appointed under a New York City Board of ExaminersCredential and satisfied the "maximum requirements," other than passing the LAST exam,that were in effect at the time the New York City Board of Examiners ceased operating; orShe meets all current requirements for employment as a teacher by Defendant, except forpassing the ALST exam. (As further set forth in this Order) (Signed by Judge Kimba M.Wood on 7/29/2015) (kl) (Entered: 07/29/2015)

07/29/2015 656 TRANSCRIPT of Proceedings re: Conference held on 7/20/2015 before Judge Kimba M.Wood. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may beviewed at the court public terminal or purchased through the Court Reporter/Transcriberbefore the deadline for Release of Transcript Restriction. After that date it may beobtained through PACER. Redaction Request due 8/24/2015. Redacted TranscriptDeadline set for 9/3/2015. Release of Transcript Restriction set for 10/30/2015.(Rodriguez, Somari) (Entered: 07/29/2015)

07/29/2015 657 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a Conference proceeding held on 07/20/2015 has been filed by thecourt reporter/transcriber in the above-captioned matter. The parties have seven (7)calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotely electronicallyavailable to the public without redaction after 90 calendar days...(Rodriguez, Somari)(Entered: 07/29/2015)

07/29/2015 ***DELETED DOCUMENT. Deleted document number 655 TRANSCRIPT ofProceedings re: Conference held on 7/20/2015 before Judge Marvin E. Frankel. Thedocument was incorrectly filed in this case. (tro) (Entered: 07/30/2015)

07/31/2015 658 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated July 31,2015 re: Objections to Special Master's Report and Recommendation. Document filed byBoard of Education of the New York City School District of the City of New York.(Osmond, Mark) (Entered: 07/31/2015)

08/03/2015 659 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated August 3, 2015 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 08/03/2015)

08/05/2015 660 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated7/27/2015 re: enclosed bill for inspection for regularity and reasonableness pursuant toYour Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT: The Courthas reviewed the attached itemized statement, which the parties have approved, and findsit regular and reasonable. The statement may be processed for payment. See ECF. No.454. (Signed by Judge Kimba M. Wood on 8/3/2015) (kl) (Entered: 08/05/2015)

08/06/2015 661 STIPULATION AND ORDER: Pursuant to the terms of the Court's March 31, 2015injunction (the "Injunction"), a class member seeking a permanent teaching position shallbe deemed to be certified by the State of New York for the purpose of employment byDefendant if he or she can establish to the Court's satisfaction that: She satisfied therequirements for a provisional certificate in the certificate title sought, other than passingthe LAST exam, during the period the LAST was a prerequisite for New York Statecertification; or She was appointed under a New York City Board of ExaminersCredential and satisfied the "maximum requirements," other than passing the LAST exam,that were in effect at the time the New York City Board of Examiners ceased operating; orShe meets all current requirements for employment as a teacher by Defendant, except for









passing the ALST exam. (As further set forth in this Order) (Signed by Judge Kimba M.Wood on 8/6/2015) (kl) (Entered: 08/06/2015)

08/07/2015 662 OPINION & ORDER: For the reasons set forth above, the Court holds that the BOE didnot violate Title VII by complying with the SED's requirement that teachers pass theALST before they are eligible for employment. (As further set forth in this Order)(Signed by Judge Kimba M. Wood on 8/7/2015) (kl) (Entered: 08/07/2015)

08/07/2015 709 INTERNET CITATION NOTE: Material from decision with Internet citation re: 662Memorandum & Opinion. (Attachments: # 1 internet citation, # 2 internet citation, # 3internet citation, # 4 internet citation) (yv) (Entered: 12/30/2015)




08/28/2015 666 TRANSCRIPT of Proceedings re: Conference held on 7/20/2015 before Judge Kimba M.Wood. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may beviewed at the court public terminal or purchased through the Court Reporter/Transcriberbefore the deadline for Release of Transcript Restriction. After that date it may beobtained through PACER. Redaction Request due 9/21/2015. Redacted TranscriptDeadline set for 10/1/2015. Release of Transcript Restriction set for 11/30/2015.(Grant,Patricia) (Entered: 08/28/2015)

08/28/2015 667 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that anofficial transcript of a Conference proceeding held on 07/20/2015 has been filed by thecourt reporter/transcriber in the above-captioned matter. The parties have seven (7)calendar days to file with the court a Notice of Intent to Request Redaction of thistranscript. If no such Notice is filed, the transcript may be made remotely electronicallyavailable to the public without redaction after 90 calendar days...(Grant, Patricia)(Entered: 08/28/2015)

08/31/2015 668 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn and MarkOsmond dated August 31, 2015 re: Status Update. Document filed by Board of Educationof the New York City School District of the City of New York, Elsa Gulino, MaylingRalph, Peter Wilds.(Sohn, Joshua) (Entered: 08/31/2015)

09/03/2015 669 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She satisfied the requirements for a provisionalcertificate in the certificate title sought, other than passing the LAST exam, during theperiod the LAST was a prerequisite for New York State certification; or b. She wasappointed under a New York City Board of Examiners Credential and satisfied the

















"maximum requirements," other than passing the LAST exam, that were in effect at thetime the New York City Board of Examiners ceased operating; or c. She meets all currentrequirements for employment as a teacher by Defendant, except for passing the ALSTexam. (As further set forth in this Order.) (Signed by Judge Kimba M. Wood on 9/3/2015)(kko) (Entered: 09/03/2015)

09/08/2015 670 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated September 8, 2015 re: Status Update. Document filed by Board ofEducation of the New York City School District of the City of New York, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 09/08/2015)

09/09/2015 671 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated9/8/2015 re: Second invoice, dated September 2, 2015, from the Court-approved neutralconsultant Robert G. Bentley. ENDORSEMENT: The Court has reviewed the attacheditemized statement, which the parties have approved, and finds it regular and reasonable.The statement may be processed for payment. See ECF No. 586. (Signed by Judge KimbaM. Wood on 9/9/2015) (kl) (Entered: 09/09/2015)

09/14/2015 672 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated September 14, 2015 re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 09/14/2015)


09/21/2015 674 OPINION & ORDER: For the reasons set forth above, the Court adopts the SpecialMaster's recommendations. The Court GRANTS Defendant's motion to dismiss withrespect to claimants employed by Defendant only as paraprofessionals and DENIES withrespect to all other categories of claimants. The Court DENIES Defendant's motion toadjust damages for attrition on a classwide basis. The Court DENIES Defendant's motionto cut off damages for claimants who failed to obtain permanent teaching positions afterpassing the LAST-1. (As further set forth in this Order) (Signed by Judge Kimba M.Wood on 9/21/2015) (kl) (Entered: 09/21/2015)

09/21/2015 675 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated September 21, 2015 re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York.(Osmond, Mark) (Entered:09/21/2015)

09/21/2015 708 INTERNET CITATION NOTE: Material from decision with Internet citation re: 674Memorandum & Opinion. (Attachments: # 1 internet citation, # 2 internet citation) (yv)(Entered: 12/30/2015)

09/22/2015 676 STIPULATION AND ORDER: Pursuant to the terms of the Court's March 31, 2015injunction (the "Injunction"), a class member seeking a permanent teaching position shallbe deemed to be certified by the State of New York for the purpose of employment byDefendant if he or she can establish to the Court's satisfaction that: She satisfied therequirements for a provisional certificate in the certificate title sought, other than passingthe LAST exam, during the period the LAST was a prerequisite for New York Statecertification; or She was appointed under a New York City Board of ExaminersCredential and satisfied the "maximum requirements," other than passing the LAST exam,that were in effect at the time the New York City Board of Examiners ceased operating; or














She meets all current requirements for employment as a teacher by Defendant, except forpassing the ALST exam. (As further set forth in this Order) (Signed by Judge Kimba M.Wood on 9/22/2015) (kl) (Entered: 09/22/2015)

09/22/2015 677 STIPULATION AND ORDER: Pursuant to the terms of the Court's March 31, 2015injunction (the "Injunction"), a class member seeking a permanent teaching position shallbe deemed to be certified by the State of New York for the purpose of employment byDefendant if be or she can establish to the Court's satisfaction that: She satisfied therequirements for a provisional certificate in the certificate title sought, other than passingthe LAST exam, during the period the LAST was a prerequisite for New York Statecertification; or She was appointed under a New York City Board of ExaminersCredential and satisfied the "maximum requirements," other than passing the LAST exam,that were in effect at the time the New York City Board of Examiners ceased operating; orShe meets all current requirements for employment as a teacher by Defendant, except forpassing the ALST exam. (As further set forth in this Order) (Signed by Judge Kimba M.Wood on 9/22/2015) (kl) (Entered: 09/22/2015)

09/25/2015 678 SPECIAL MASTER'S REPORT. Special Master John S. Siffert's Second InterimRecommendation and Interim Report, dated 7/17/2015. Document filed by John S. Siffert.(Siffert, John) (Entered: 09/25/2015)

09/28/2015 679 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated September 28, 2015 re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York.(Osmond, Mark) (Entered:09/28/2015)

10/05/2015 680 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated October 5, 2015 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 10/05/2015)


10/08/2015 682 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated October8, 2015 re: Invoice of the Claims Administrator. Document filed by Board of Education ofthe New York City School District of the City of New York.(Fraenkel, William) (Entered:10/08/2015)


10/13/2015 684 MEMO ENDORSEMENT on re: 682 Letter request regarding Invoice of the ClaimsAdministrator, filed by Board of Education of the New York City School District of theCity of New York. ENDORSEMENT: The Court has reviewed the attached itemizedstatement, which the parties do not dispute, and finds it regular and reasonable. Thestatement may be processed for payment. See ECF No. 471. (Signed by Judge Kimba M.Wood on 10/13/2015) (kl) (Entered: 10/13/2015)

10/19/2015 685 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated October 19, 2015 re: Status Update. Document filed by Board of Education of the













New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 10/19/2015)


10/28/2015 687 STIPULATION AND ORDER: Pursuant to the terms of the Court's March 31, 2015injunction (the "Injunction"), a class member seeking a permanent teaching position shallbe deemed to be certified by the State of New York for the purpose of employment byDefendant if be or she can establish to the Court's satisfaction that: She satisfied therequirements for a provisional certificate in the certificate title sought, other than passingthe LAST exam, during the period the LAST was a prerequisite for New York Statecertification; or She was appointed under a New York City Board of ExaminersCredential and satisfied the "maximum requirements," other than passing the LAST exam,that were in effect at the time the New York City Board of Examiners ceased operating; orShe meets all current requirements for employment as a teacher by Defendant, except forpassing the ALST exam. (As further set forth in this Order) (Signed by Judge Kimba M.Wood on 10/28/2015) (kko) (Entered: 10/28/2015)



11/02/2015 690 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated November 2, 2015 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 11/02/2015)

11/03/2015 691 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated10/28/2015 re: Enclosed bill for inspection for regularity and reasonableness pursuant toYour Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT: The Courthas reviewed the attached itemized statement, which the parties have approved, and finds









it regular and reasonable. The statement may be processed for payment. See ECF No.454. (Signed by Judge Kimba M. Wood on 11/2/2015) (kl) (Entered: 11/03/2015)

11/06/2015 692 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel datedNovember 6, 2015 re: GCG Invoice. Document filed by Board of Education of the NewYork City School District of the City of New York.(Fraenkel, William) (Entered:11/06/2015)

11/06/2015 693 MEMO ENDORSEMENT on re: 692 Letter request regarding GCG Invoice, filed byBoard of Education of the New York City School District of the City of New York.ENDORSEMENT: The Court has reviewed the attached itemized statement, which theparties have approved, and finds it regular and reasonable. The statement may beprocessed for payment. See ECF No. 471. (Signed by Judge Kimba M. Wood on11/6/2015) (kl) (Entered: 11/06/2015)


11/12/2015 695 NOTICE OF CHANGE OF ADDRESS by Joshua Samuel Sohn on behalf of AllPlaintiffs. New Address: Mishcon de Reya New York LLP, 2 Park Avenue, 20th Floor,New York, NY, United States 10016, 2126123270. (Sohn, Joshua) (Entered: 11/12/2015)





12/07/2015 700 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She/he satisfied the requirements for a provisionalcertificate in the certificate title sought, other than passing the LAST exam, during theperiod the LAST was a prerequisite for New York State certification; or b. She/he wasappointed under a New York City Board of Examiners Credential and satisfied the"maximum requirements," other than passing the LAST exam, that were in effect at thetime the New York City Board of Examiners ceased operating; or c. She/he meets all













current requirements for employment as a teacher by Defendant, except for passing theALST exam. (As further set forth in this Order) (Signed by Judge Kimba M. Wood on12/4/2015) (kl) (Entered: 12/07/2015)

12/07/2015 701 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated December 7, 2015 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 12/07/2015)


12/18/2015 703 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated12/17/2015 re: If Your Honor determines that the statement is regular and reasonable, Irespectfully request that Your Honor endorse the statement so that it may be processed forpayment by the Defendant. ENDORSEMENT: The Court has reviewed the attacheditemized statement, which the parties have approved, and finds it regular and reasonable.The statement may be processed for payment. See ECF No. 586. (Signed by Judge KimbaM. Wood on 12/18/2015) (kl) (Main Document 703 replaced on 12/18/2015) (kl).(Entered: 12/18/2015)


12/28/2015 705 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She satisfied the requirements for a provisionalcertificate in the certificate title sought, other than passing the LAST exam, during theperiod the LAST was a prerequisite for New York State certification; or b. She wasappointed under a New York City Board of Examiners Credential and satisfied the"maximum requirements," other than passing the LAST exam, that were in effect at thetime the New York City Board of Examiners ceased operating; or c. She meets all currentrequirements for employment as a teacher by Defendant, except for passing the ALSTexam. (As further set forth in this Order) (Signed by Judge Kimba M. Wood on12/28/2015) (kl) (Entered: 12/28/2015)


12/28/2015 707 ORDER: On June 5, 2015 the Court issued an Opinion and Order finding that the LASTexam administered after February 13, 2004 was invalid. [ECF No. 608.] As directed bythe Court, on December 10, 2015, the Plaintiffs and Defendant Board of Education of theCity School District of the City of New York ("BOE") jointly submitted to the SpecialMaster the language set forth below. The Court now adopts the December 10, 2015injunction language and enjoins the BOE as follows: (1) The City School District of theCity of New York is restrained from using the failure of any Liberal Arts and SciencesTest ("LAST") examination administered on or after February 13, 2004 in making anyemployment determinations. (2) Any African-American or Latino test-taker who first










took and failed the LAST examination administered on or after February 13, 2004, shallbe deemed to be certified by the State of New York solely for purposes of employment bythe City School District of the City of New York and the operation of the School District,despite having failed the LAST, if he or she can establish to the satisfaction of the Court.(As further set forth in this Order) (Signed by Judge Kimba M. Wood on 12/28/2015) (kl)(Entered: 12/28/2015)

01/04/2016 711 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated January 4, 2016 re: Status Update. Document filed by Board of Educationof the New York City School District of the City of New York, Elsa Gulino, MaylingRalph, Peter Wilds.(Sohn, Joshua) (Entered: 01/04/2016)

01/05/2016 712 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated12/30/2015 re: enclosed bill for inspection for regularity and reasonableness pursuant toYour Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT: The Courthas reviewed the attached itemized statement, which the parties have approved, and findsit regular and reasonable. The statement may be processed for payment. See ECF No.454. (Signed by Judge Kimba M. Wood on 1/5/2016) (kl) (Entered: 01/05/2016)

01/11/2016 713 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated January11, 2016 re: GCG Invoice. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 01/11/2016)


01/12/2016 715 MEMO ENDORSEMENT on re: 713 Letter filed by Board of Education of the New YorkCity School District of the City of New York. The Court has reviewed the attacheditemized statement, which the parties have approved, and finds it regular and reasonable.The statement may be processed for payment. See ECF No. 471. (Signed by Judge KimbaM. Wood on 1/11/2016) (mro) (Entered: 01/12/2016)

01/20/2016 716 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated January 20, 2016 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 01/20/2016)

01/25/2016 717 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated January 25, 2016 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 01/25/2016)

01/26/2016 718 MEMO ENDORSEMENT on STATUTE OF LIMITATIONS TOLLING AGREEMENT.ENDORSEMENT: ON RECOMMENDATION OF THE SPECIAL MASTER. SOORDERED. (Signed by Judge Kimba M. Wood on 1/25/2016) (kl) (Entered: 01/26/2016)

02/01/2016 719 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated1/29/2016 re: A request that Your Honor endorse the statements so that they may beprocessed for payment by the Defendant. ENDORSEMENT: The Court has reviewed theattached itemized statements, which the parties have approved, and find them regular andreasonable. The statements may be processed for payment. See ECF No. 586. (Signed byJudge Kimba M. Wood on 2/1/2016) (cf) (Entered: 02/01/2016)

02/01/2016 720 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated February 1, 2016 re: Status Update. Document filed by Board of Education of the














New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 02/01/2016)

02/08/2016 721 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated February 8, 2016 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 02/08/2016)

02/09/2016 722 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She satisfied the requirements for a provisionalcertificate in the certificate title sought, other than passing the LAST exam, during theperiod the LAST was a prerequisite for New York State certification; or b. She wasappointed under a New York City Board of Examiners Credential and satisfied the"maximum requirements," other than passing the LAST exam, that were in effect at thetime the New York City Board of Examiners ceased operating; or c. She meets all currentrequirements for employment as a teacher by Defendant, except for passing the ALSTexam. (As further set forth in this Order) (Signed by Judge Kimba M. Wood on 2/9/2016)(kl) (Entered: 02/09/2016)

02/09/2016 723 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She/he satisfied the requirements for a provisionalcertificate in the certificate title sought, other than passing the LAST exam, during theperiod the LAST was a prerequisite for New York State certification; or b. She/he wasappointed under a New York City Board of Examiners Credential and satisfied the"maximum requirements," other than passing the LAST exam, that were in effect at thetime the New York City Board of Examiners ceased operating; or c. She/he meets allcurrent requirements for employment as a teacher by Defendant, except for passing theALST exam. (As further set forth in this Order) (Signed by Judge Kimba M. Wood on2/9/2016) (kl) (Entered: 02/09/2016)

02/16/2016 724 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated February16, 2016 re: GCG Invoice. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 02/16/2016)


02/17/2016 726 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated1/28/2016 re: enclosed bill for inspection for regularity and reasonableness pursuant toYour Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT: The Courthas reviewed the attached itemized statement, which the parties have approved, and findsit regular and reasonable. The statement may be processed for payment. See ECF No.454. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/17/2016) (kl) (Entered:02/17/2016)

02/17/2016 727 ORDER TO SHOW CAUSE FOR INJUNCTIVE RELIEF: It is hereby: ORDERED, thatthe New York State Education Department ("SEO") show cause before the Special Master










appointed by this Court, John Siffert, Lankier Siffert & Wohl LLP, 500 Fifth Avenue, 34thFloor New York, NY 10110, on Mar. 8, 2016, at 10:00 AM, or as soon thereafter ascounsel may be heard, why an order should not be issued (i) modifying the Court'sNovember 24, 2014 Injunction, as amended on March 31, 2015 in accordance with thelanguage proposed by Plaintiffs; and (ii) modifying its December 28, 2015 Injunction inaccordance with the language proposed by Plaintiffs; and it is further ORDERED, thatopposition papers, if any, shall be served no later than Feb. 26, 2016; and it is furtherORDERED, that reply papers, if any, shall be served no later than Mar. 3, 2016; and it isfurther ORDERED, that Plaintiffs shall serve via electronic and first class mail a copy ofthis order and the attached moving papers to the SED simultaneously with their filingthrough the Court's Electronic Filing System. SO ORDERED. Show Cause Hearing setfor 3/8/2016 at 10:00 AM before Judge Kimba M. Wood. (Signed by Judge Kimba M.Wood on 2/17/2016) (kl) (Entered: 02/17/2016)

02/17/2016 728 MEMORANDUM OF LAW in Support re: 727 Order to Show Cause,,,,, . Document filedby Nia Greene, Elsa Gulino, Mayling Ralph, Peter Wilds. (Sohn, Joshua) (Entered:02/17/2016)

02/17/2016 729 AFFIRMATION of Rachel Stevens in Support re: 727 Order to Show Cause,,,,,.Document filed by Nia Greene, Elsa Gulino, Mayling Ralph, Peter Wilds. (Attachments: #1 Exhibit 01, # 2 Exhibit 02, # 3 Exhibit 03, # 4 Exhibit 04, # 5 Exhibit 05, # 6 Exhibit06, # 7 Exhibit 07)(Sohn, Joshua) (Entered: 02/17/2016)

02/18/2016 730 MEMO ENDORSEMENT on re: 724 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, which the parties have approved, and finds it regular andreasonable. The statement may be processed for payment. See ECF No. 471. SOORDERED. (Signed by Judge Kimba M. Wood on 2/17/2016) (kl) (Entered: 02/18/2016)

02/22/2016 731 ENDORSED LETTER addressed to Judge Kimba M. Wood dated 2/22/2016 re: write torequest an extension/adjournment of these deadlines because they present an unavoidableconflict for NYSED. ENDORSEMENT: It is So-Ordered: (a) opposition to Dkt. No. 727to be served no later than March 25, 2016; (b) reply papers to be served no later thanApril 8, 2016, and; (c) show cause hearing before the Special Master is rescheduled andwill be held on April 14, 2016 at 10:00 a.m. (Show Cause Hearing set for 4/14/2016 at10:00 AM before Special Master). (Signed by Judge Kimba M. Wood on 2/22/2016) (kl)Modified on 2/23/2016 (kl). (Entered: 02/22/2016)


02/22/2016 Set/Reset Hearings: Show Cause Hearing set for 4/14/2016 at 10:00 AM before SpecialMaster. (kl) (Entered: 02/23/2016)


03/01/2016 734 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated2/23/16 re: Counsel is submitting the enclosed bill for inspection for regularity andreasonableness pursuant to Your Honor's Order of Appointment dated May 20, 2014.Pursuant to the Order of Appointment, I have written off $9,825.50 reflecting my agreedupon reduced hourly rate of $690 per hour and the agreed upon 25% discount off thehourly rate for associates and paralegals. ENDORSEMENT: The Court has reviewed the




















attached itemized statement, which the parties have approved, and finds it regular andreasonable. The statement may be processed for payment. See ECF No. 454. (Signed byJudge Kimba M. Wood on 3/1/2016) (mro) (Entered: 03/02/2016)

03/04/2016 735 NOTICE OF APPEARANCE by Ryan Todd Mangum on behalf of Board of Education ofthe New York City School District of the City of New York. (Mangum, Ryan) (Entered:03/04/2016)

03/07/2016 736 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & Mark Osmonddated March 7, 2016 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 03/07/2016)


03/15/2016 738 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated March15, 2016 re: Invoice for GCG. Document filed by Board of Education of the New YorkCity School District of the City of New York.(Fraenkel, William) (Entered: 03/15/2016)

03/16/2016 739 NOTICE OF APPEARANCE by Steven Leon Banks on behalf of New York StateEducation Department. (Banks, Steven) (Entered: 03/16/2016)


03/25/2016 741 DECLARATION of Ann Jasinski in Opposition re: 727 Order to Show Cause,,,,,.Document filed by New York State Education Department. (Banks, Steven) (Entered:03/25/2016)

03/25/2016 742 MEMORANDUM OF LAW in Opposition re: 727 Order to Show Cause,,,,, . Documentfiled by New York State Education Department. (Banks, Steven) (Entered: 03/25/2016)

03/28/2016 743 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: Pursuantto the terms of the Court's March 31, 2015 injunction (the "Injunction"), a class memberseeking a permanent teaching position shall be deemed to be certified by the State of NewYork for the purpose of employment by Defendant if he or she can establish to the Court'ssatisfaction that: a. She/he satisfied the requirements for a provisional certificate in thecertificate title sought, other than passing the LAST exam, during the period the LASTwas a prerequisite for New York State certification; or b. She/he was appointed under aNew York City Board of Examiners Credential and satisfied the "maximumrequirements," other than passing the LAST exam, that were in effect at the time the NewYork City Board of Examiners ceased operating; or c. She/he meets all currentrequirements for employment as a teacher by Defendant, except for passing the ALSTexam. (As further set forth in this Order) (Signed by Judge Kimba M. Wood on3/28/2016) (kl) (Entered: 03/28/2016)

03/28/2016 744 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She/he satisfied the requirements for a provisional















certificate in the certificate title sought. other than passing the LAST exam, during theperiod the LAST was a prerequisite for New York State certification; or b. She/he wasappointed under a New York City Board of Examiners Credential and satisfied the"maximum requirements," other than passing the LAST exam, that were in effect at thetime the New York City Board of Examiners ceased operating; or c. She/he meets allcurrent requirements for employment as a teacher by Defendant, except for passing theALST exam. (As further set forth in this Order) (Signed by Judge Kimba M. Wood on3/28/2016) (kl) (Entered: 03/28/2016)


03/28/2016 746 MEMO ENDORSEMENT on re: 738 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, which the parties have approved, and finds it regular andreasonable. The statement may be processed for payment. See ECF No. 471. SOORDERED. (Signed by Judge Kimba M. Wood on 3/28/2016) (kl) (Entered: 03/29/2016)

04/04/2016 747 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated April 4, 2016 re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 04/04/2016)

04/08/2016 748 BRIEF re: 727 Order to Show Cause,,,,, Reply Memorandum Of Law In Further SupportOf Plaintiffs Motion For Injunctive Relief By Way Of Modification Of Injunctions.Document filed by Elsa Gulino, Mayling Ralph, Peter Wilds. (Attachments: # 1 AppendixA, # 2 Appendix B)(Sohn, Joshua) (Entered: 04/08/2016)

04/08/2016 749 AFFIRMATION of Rachel V. Stevens in Support re: 727 Order to Show Cause,,,,,.Document filed by Elsa Gulino, Mayling Ralph, Peter Wilds. (Attachments: # 1 Exhibit 1,# 2 Exhibit 2, # 3 Exhibit 3)(Sohn, Joshua) (Entered: 04/08/2016)

04/11/2016 750 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated3/21/2016 re: submitting the enclosed bill for inspection for regularity and reasonablenesspursuant to Your Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT:The Court has reviewed the attached itemized statement, which the parties have approved,and finds it regular and reasonable. The statement may be processed for payment. SeeECF No. 454. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/10/2016) (kl)(Entered: 04/11/2016)



04/22/2016 753 STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: Pursuantto the terms of the Court's March 31, 2015 injunction (the "Injunction"), a class memberseeking a permanent teaching position shall be deemed to be certified by the State of NewYork for the purpose of employment by Defendant if he or she can establish to the Court's




















satisfaction the requirements as further specified and set forth in this Stipulation andOrder regarding the individuals Helen Benzalel, Michelle David, Dorothy Gaylord,Carmen Rivera-O'Connor, and Dillian Soto. The parties will submit by further stipulationadditional Plaintiffs to be deemed certified as they are identified. This Stipulation may besigned in counterparts and facsimile or e-mailed copies shall be deemed originals. Onrecommendation of the Special Master. (Signed by Judge Kimba M. Wood on 4/21/2016)(rjm). (Entered: 04/22/2016)

04/26/2016 754 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated4/25/2016 re: I am forwarding the sixth invoice, dated April 20, 2016, from the Court-approved neutral consultant Robert G. Bentley, who is assisting with priority-hiringdeterminations and the review of claimants' transcripts. ENDORSEMENT: The Court hasreviewed the attached itemized statement, which the parties have approved, and finds itregular and reasonable. The statement may be processed for payment. See ECF No. 586.SO ORDERED. (Signed by Judge Kimba M. Wood on 4/26/2016) (kl) (Entered:04/26/2016)


04/27/2016 756 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated April 27,2016 re: GCG Invoice. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 04/27/2016)

04/28/2016 757 MEMO ENDORSEMENT on re: 756 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, which the parties have approved, and finds it regular andreasonable. The statement may be processed for payment. See Doc. No. 471. SOORDERED. (Signed by Judge Kimba M. Wood on 4/27/2016) (kl) (Entered: 04/28/2016)

04/29/2016 758 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated4/25/2016 re: enclosed bill for inspection for regularity and reasonableness pursuant toYour Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT: The Courthas reviewed the attached itemized statement, which the parties have approved, and findsit regular and reasonable. The statement may be processed for payment. See Doc. No.454. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/28/2016) (kl) (Entered:04/29/2016)

05/03/2016 759 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated May 2, 2016 re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 05/03/2016)

05/05/2016 760 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 727 Order to ShowCause,,,,, . Document filed by New York State Education Department. (Banks, Steven)(Entered: 05/05/2016)

05/05/2016 761 SUPPLEMENTAL BRIEF re: 727 Order to Show Cause,,,,, Letter Brief In FurtherSupport Of Plaintiffs Motion For Injunctive Relief By Way Of Modification OfInjunctions. Document filed by Elsa Gulino, Mayling Ralph, Peter Wilds. (Attachments: #1 Attachment)(Sohn, Joshua) (Entered: 05/05/2016)

05/09/2016 762 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated May 9, 2016 re: Status Update. Document filed by Board of Education of
















the New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 05/09/2016)

05/11/2016 763 SPECIAL MASTER'S REPORT. Special Master John S. Siffert's InterimRecommendation And Interim Report, dated 5/10/2016. Document filed by John S.Siffert.(Siffert, John) (Entered: 05/11/2016)



05/18/2016 766 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & RyanMangum dated May 18, 2016 re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 05/18/2016)

05/19/2016 767 REPLY re: 727 Order to Show Cause,,,,, . Document filed by New York State EducationDepartment. (Banks, Steven) (Entered: 05/19/2016)

05/23/2016 768 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated May 23,2016 re: GCG Invoice. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 05/23/2016)

05/24/2016 769 MEMO ENDORSEMENT on re: 768 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, which the parties have approved, and finds it regular andreasonable. The statement may be processed for payment. See Doc. No. 471. SOORDERED. (Signed by Judge Kimba M. Wood on 5/24/2016) (kl) (Entered: 05/24/2016)

05/24/2016 770 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated5/18/2016 re: enclosed bill for inspection for regularity and reasonableness pursuant to













Your Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT: The Courthas reviewed the attached itemized statement, which the parties have approved, and findsit regular and reasonable. The statement may be processed for payment. See Doc. No.454. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/23/2016) (kl) (Entered:05/24/2016)

05/24/2016 771 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & RyanMangum dated May 24, 2016 re: Status Update. Document filed by Board of Education ofthe New York City School District of the City of New York, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 05/24/2016)

06/02/2016 772 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & WilliamFraenkel dated 6/2/16 re: Status Update. Document filed by Board of Education of theNew York City School District of the City of New York, Nia Greene, Elsa Gulino,Richard Mills, Mayling Ralph, John S. Siffert, Peter Wilds.(Sohn, Joshua) (Entered:06/02/2016)

06/06/2016 773 NOTICE OF CHANGE OF ADDRESS by Joshua Samuel Sohn on behalf of AllPlaintiffs. New Address: Watson Farley & Williams LLP, 250 West 55th Street, NewYork, NY, USA 10019, (212) 922-2200. (Sohn, Joshua) (Entered: 06/06/2016)

06/07/2016 774 ORDER: On May 11, 2016, Special Master John S. Siffert issued his Report andRecommendation ("R&R") recommending that the Court grant Plaintiff's motion to deemclass member Evelyn Cole certified pursuant to the Court's March 31, 2015 injunction.The deadline for objections has passed and no objections have been filed. Absent anyobjections, the Court reviews the R&R for clear error on the face of the record. The Courthas reviewed Special Master Siffert's carefully reasoned R&R, and finds no clear error.Accordingly, the May 11, 2016 Report and Recommendation is approved and adopted inits entirety. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/6/2016) (kl)(Entered: 06/07/2016)

06/07/2016 775 ORDER: IT IS HEREBY ORDERED THAT: Pursuant to the terms of the Injunction, andbased on the Special Master's recommendation, Ms. Cole shall be deemed by the Court tobe certified by the State of New York to teach special education and shall be eligible toseek employment with Defendant. (As further set forth in this Order) (Signed by JudgeKimba M. Wood on 6/6/2016) (kl) (Entered: 06/07/2016)

06/09/2016 776 SPECIAL MASTER'S REPORT. Special Master John S. Siffert's Interim Report andRecommendation on Plaintiffs' motion to amend the class certification. Document filed byJohn S. Siffert.(Siffert, John) (Entered: 06/09/2016)

06/13/2016 777 SPECIAL MASTER'S REPORT. Special Master John S. Siffert's Interim Report andRecommendation on Defendants motion to dismiss claimants who worked as per diemsubstitute teachers prior to 2003 without becoming Provisional Preparatory Teachers,and Plaintiffs and Defendants requests to motions in limine. Document filed by John S.Siffert.(Siffert, John) (Entered: 06/13/2016)


06/21/2016 779 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated6/16/2016 re: enclosed bill for inspection for regularity and reasonableness pursuant toYour Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT: The Courthas reviewed the attached itemized statement, which the parties have approved, and findsit regular and reasonable. The statement may be processed for payment. See Doc. No.












454. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/21/2016) (kl) (Entered:06/21/2016)

06/23/2016 780 Objection re: 776 Special Master's Report Plaintiffs' Objection to the Special Master'sJune 9, 2016 Interim Report and Recommendation. Document filed by Nia Greene, ElsaGulino, Mayling Ralph, Peter Wilds. (Sohn, Joshua) (Entered: 06/23/2016)

06/23/2016 781 DECLARATION of Joshua Sohn in Support re: 780 Objection (non-motion), 776 SpecialMaster's Report. Document filed by Nia Greene, Elsa Gulino, Mayling Ralph, PeterWilds. (Attachments: # 1 Exhibit 1 to the Declaration of Joshua Sohn, # 2 Exhibit 2 to theDeclaration of Joshua Sohn, # 3 Exhibit 3 to the Declaration of Joshua Sohn, # 4 Exhibit4 to the Declaration of Joshua Sohn, # 5 Exhibit 5 to the Declaration of Joshua Sohn, # 6Exhibit 6 to the Declaration of Joshua Sohn, # 7 Exhibit 7 to the Declaration of JoshuaSohn, # 8 Exhibit 8 to the Declaration of Joshua Sohn, # 9 Exhibit 9 to the Declaration ofJoshua Sohn, # 10 Exhibit 10 to the Declaration of Joshua Sohn, # 11 Exhibit 11 to theDeclaration of Joshua Sohn, # 12 Exhibit 12 to the Declaration of Joshua Sohn, # 13Exhibit 13 to the Declaration of Joshua Sohn, # 14 Exhibit 14 to the Declaration ofJoshua Sohn, # 15 Exhibit 15 to the Declaration of Joshua Sohn, # 16 Exhibit 16 to theDeclaration of Joshua Sohn, # 17 Exhibit 17 to the Declaration of Joshua Sohn)(Sohn,Joshua) (Entered: 06/23/2016)


06/27/2016 783 LETTER addressed to Judge Kimba M. Wood from William S.J.Fraenkel dated June 27,2016 re: Objections to IR&R dated June 13th. Document filed by Board of Education ofthe New York City School District of the City of New York.(Fraenkel, William) (Entered:06/27/2016)

06/30/2016 784 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She/he satisfied the requirements for a provisionalcertificate in the certificate title sought, other than passing the LAST exam, during theperiod the LAST was a prerequisite for New York State certification; or b. She/he wasappointed under a New York City Board of Examiners Credential and satisfied the"maximum requirements," other than passing the LAST exam, that were in effect at thetime the New York City Board of Examiners ceased operating; or c. She/he meets allcurrent requirements for employment as a teacher by Defendant, except for passing theALST exam. (As further set forth in this Order) (Signed by Judge Kimba M. Wood on6/30/2016) (kl) Modified on 6/30/2016 (kl). (Entered: 06/30/2016)

07/05/2016 785 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua S. Sohn & WilliamS.J. Fraenkel dated July 5, 2016 re: Status Update. Document filed by Board of Educationof the New York City School District of the City of New York, Elsa Gulino, MaylingRalph, Peter Wilds.(Sohn, Joshua) (Entered: 07/05/2016)

07/08/2016 786 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated July 8,2016 re: GCG Invoice. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 07/08/2016)

07/12/2016 787 MEMO ENDORSEMENT on re: 786 Letter filed by Board of Education of the New YorkCity School District of the City of New York re: GCG Invoice. ENDORSEMENT: The
































Court has reviewed the attached itemized statement, which the parties have approved, andfinds it regular and reasonable. The statement may be processed for payment. See Doc.No. 471. (Signed by Judge Kimba M. Wood on 7/12/2016) (kko) (Entered: 07/12/2016)

07/13/2016 788 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated7/11/2016 re: Request to endorse statement so it may be processed for payment byDefendant. ENDORSEMENT: The Court has reviewed the attached itemized statement,which the parties have approved, and finds it regular and reasonable. The statement maybe processed for payment. See Doc. No. 586. (Signed by Judge Kimba M. Wood on7/13/2016) (kgo) (Entered: 07/13/2016)

07/13/2016 789 STIPULATION AND ORDER: Pursuant to the terms of the Court's March 31, 2015injunction (the "Injunction"), a class member seeking a permanent teaching position shallbe deemed to be certified by the State of New York for the purpose of employment byDefendant if he or she can establish to the Court's satisfaction that She/he satisfied therequirements for a provisional certificate in the certificate title sought, other than passingthe LAST exam, during the period the LAST was a prerequisite for New York Statecertification; or She/he was appointed under a New York City Board of ExaminersCredential and satisfied the "maximum requirements," other than passing the LAST exam,that were in effect at the time the New York City Board of Examiners ceased operating; orShe/he meets all current requirements for employment as a teacher by Defendant, exceptfor passing the ALST exam, and as further set forth in this Order. (Signed by JudgeKimba M. Wood on 7/13/2016) (kgo) (Entered: 07/13/2016)

07/15/2016 790 NOTICE of of Withdrawal of Interim Report And Recommendation of June 9, 2016.Document filed by John S. Siffert. (Attachments: # 1 Exhibit)(Siffert, John) (Entered:07/15/2016)

07/18/2016 791 SPECIAL MASTER'S REPORT. Interim Report And Recommendation on Plaintiffs'Motion to Modify Injunctions. Document filed by John S. Siffert.(Siffert, John) (Entered:07/18/2016)

07/19/2016 792 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated July 19, 2016 re:LAST -2 Class Notice. Document filed by Nia Greene, Elsa Gulino, Mayling Ralph, PeterWilds.(Sohn, Joshua) (Entered: 07/19/2016)

07/19/2016 793 MOTION for Eamonn F. Foley to Withdraw as Attorney . Document filed by Board ofEducation of the New York City School District of the City of New York.(Foley, Eamonn)(Entered: 07/19/2016)

07/25/2016 794 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated July 25, 2016 re:Extension to file Objection to IRR. Document filed by Nia Greene, Elsa Gulino, MaylingRalph, Peter Wilds.(Sohn, Joshua) (Entered: 07/25/2016)

07/26/2016 795 MEMO ENDORSEMENT on re: 794 Letter filed by Elsa Gulino, Nia Greene, MaylingRalph, Peter Wilds. ENDORSEMENT: Granted. SO ORDERED. (Objections to R&Rdue by 8/8/2016) (Signed by Judge Kimba M. Wood on 7/25/2016) (kl) (Entered:07/26/2016)

07/26/2016 796 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She/he satisfied the requirements for a provisionalcertificate in the certificate title sought, other than passing the LAST exam, during theperiod the LAST was a prerequisite for New York State certification; or b. She/he was














appointed under a New York City Board of Examiners Credential and satisfied the"maximum requirements," other than passing the LAST exam, that were in effect at thetime the New York City Board of Examiners ceased operating; or c. She/he meets allcurrent requirements for employment as a teacher by Defendant, except for passing theALST exam. 2. The parties have previously stipulated to the requirements to be deemedcertified to teach elementary grades (pre-K through 6th grade), special education, speechand hearing handicapped, secondary academic subjects to grades 7 through 12, SpecialSubjects, English to Speakers of Other Languages ("ESOL," also referred to as"TESOL"), and Occupational Subjects and agree that there is no need to repeat thoserequirements again here. (As further set forth in this Order) (Signed by Judge Kimba M.Wood on 7/26/2016) (kl) (Entered: 07/26/2016)

07/26/2016 797 MEMO ENDORSEMENT granting 793 Motion for Eamonn F. Foley to Withdraw asAttorney. ENDORSEMENT: Granted. SO ORDERED. Attorney Eamonn F. Foleyterminated. (Signed by Judge Kimba M. Wood on 7/26/2016) (kl) (Entered: 07/26/2016)


08/01/2016 799 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & RyanMangum dated August 1, 2016 re: Status Update. Document filed by Board of Educationof the New York City School District of the City of New York, Elsa Gulino, MaylingRalph, Peter Wilds.(Sohn, Joshua) (Entered: 08/01/2016)

08/03/2016 800 OPINION & ORDER: For substantially the same reasons stated in the Report anddescribed herein, the Court ADOPTS the June 13, 2016 Interim Report andRecommendation. (As further set forth in this Opinion) (Signed by Judge Kimba M.Wood on 8/3/2016) (kl) (Entered: 08/03/2016)

08/08/2016 801 LETTER addressed to Judge Kimba M. Wood from Steven L. Banks dated August 8,2016 re: Interim Report and Recommendation. Document filed by New York StateEducation Department.(Banks, Steven) (Entered: 08/08/2016)

08/08/2016 802 Objection re: 791 Special Master's Report Plaintiffs' Objection to the Special Master'sJuly 18, 2016 Interim Report and Recommendation. Document filed by Nia Greene, ElsaGulino, Richard Mills, Mayling Ralph, Peter Wilds. (Sohn, Joshua) (Entered: 08/08/2016)

08/08/2016 803 DECLARATION of Rachel V. Stevens re: 802 Objection (non-motion), .,DECLARATION of Rachel V. Stevens in Support. Document filed by Nia Greene, ElsaGulino, Richard Mills, Mayling Ralph, Peter Wilds. (Attachments: # 1 Exhibit A, # 2Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Sohn, Joshua) (Entered:08/08/2016)

08/09/2016 804 LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated August 9, 2016 re:LAST -2 Class Notice. Document filed by Nia Greene, Elsa Gulino, Mayling Ralph, PeterWilds.(Sohn, Joshua) (Entered: 08/09/2016)

08/10/2016 805 MEMO ENDORSEMENT on re: 804 Letter filed by Elsa Gulino, Nia Greene, MaylingRalph, Peter Wilds. ENDORSEMENT: Approved. (Signed by Judge Kimba M. Wood on8/10/2016) (tn) (Entered: 08/10/2016)

08/17/2016 806 LETTER MOTION for Leave to File Response to Objections addressed to Judge KimbaM. Wood from Steven L. Banks dated August 17, 2016. Document filed by New York






















State Education Department.(Banks, Steven) (Entered: 08/17/2016)

08/19/2016 807 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She/he satisfied the requirements for a provisionalcertificate in the certificate title sought, other than passing the LAST exam, during theperiod the LAST was a prerequisite for New York State certification; or b. She/he wasappointed under a New York City Board of Examiners Credential and satisfied the"maximum requirements," other than passing the LAST exam, that were in effect at thetime the New York City Board of Examiners ceased operating; or c. She/he meets allcurrent requirements for employment as a teacher by Defendant, except for passing theALST exam. 2. The parties have previously stipulated to the requirements to be deemedcertified to teach elementary grades (pre-K through 6th grade), special education, speechand hearing handicapped, secondary academic subjects to grades 7 through 12. SpecialSubjects, English to Speakers of Other Languages ("ESOL," also referred to as"TESOL"), and Occupational Subjects and agree that there is no need to repeat thoserequirements again here. (As further set forth in this Order) (Signed by Judge Kimba M.Wood on 8/19/2016) (kl) (Entered: 08/19/2016)

08/19/2016 808 ORDER granting 806 Letter Motion for Leave to File Document. Granted. SOORDERED. (Signed by Judge Kimba M. Wood on 8/19/2016) (kl) (Entered: 08/19/2016)

08/19/2016 809 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn & RyanMangum dated August 19, 2016 re: Status Update. Document filed by Board of Educationof the New York City School District of the City of New York, Elsa Gulino, MaylingRalph, Peter Wilds.(Sohn, Joshua) (Entered: 08/19/2016)

08/24/2016 810 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated8/19/2016 re: enclosed bill for inspection for regularity and reasonableness pursuant toYour Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT: The Courthas reviewed the attached itemized statement, which the parties have approved, and findsit regular and reasonable. The statement may be processed for payment. See ECF. No.454. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/24/2016) (kl) (Entered:08/24/2016)

08/30/2016 811 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated August30, 2016 re: GCG Invoice. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 08/30/2016)

09/06/2016 812 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua Sohn dated 9/6/16 re:Status Update. Document filed by Board of Education of the New York City SchoolDistrict of the City of New York, Nia Greene, Elsa Gulino, Richard Mills, Mayling Ralph,John S. Siffert, Peter Wilds.(Sohn, Joshua) (Entered: 09/06/2016)

09/08/2016 813 MEMO ENDORSEMENT on re: 811 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, which the parties have approved, and finds it regular andreasonable. The statement may be processed for payment. See ECF. No. 471. SOORDERED. (Signed by Judge Kimba M. Wood on 9/8/2016) (kl) (Entered: 09/08/2016)

09/12/2016 814 SPECIAL MASTER'S REPORT. Interim Report And Recommendation on Plaintiffs'motion to deem Maritza Osorio certified to teach Physical Education. Document filed byJohn S. Siffert.(Siffert, John) (Entered: 09/12/2016)













09/19/2016 815 RESPONSE TO ORDER TO SHOW CAUSE re: 727 Order to Show Cause,,,,,.Document filed by New York State Education Department. (Banks, Steven) (Entered:09/19/2016)

09/20/2016 816 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua S. Sohn datedSeptember 20, 2016 re: Status Update. Document filed by Board of Education of the NewYork City School District of the City of New York, Nia Greene, Elsa Gulino, MaylingRalph, Peter Wilds.(Sohn, Joshua) (Entered: 09/20/2016)

09/22/2016 817 LETTER addressed to Judge Kimba M. Wood from Joshua S. Sohn dated September 22,2016 re: Request to file a reply to the New York State Education Departments response toPlaintiffs objections to Special Master John S. Sifferts July 18, 2016 Interim Report andRecommendation (ECF No. 815). Document filed by Nia Greene, Elsa Gulino, MaylingRalph, Peter Wilds.(Sohn, Joshua) (Entered: 09/22/2016)

09/26/2016 818 MEMO ENDORSEMENT on re: 817 Letter, filed by Elsa Gulino, Nia Greene, MaylingRalph, Peter Wilds. ENDORSEMENT: Granted. SO ORDERED. (Signed by JudgeKimba M. Wood on 9/26/2016) (kl) (Entered: 09/26/2016)

09/27/2016 819 ORDER: IT IS HEREBY ORDERED THAT: Pursuant to the terms of the Injunction, andbased on the Special Master's recommendation, Ms. Osorio shall be deemed by the Courtto be certified by the State of New York to teach physical education and shall be eligibleto seek employment with Defendant. (As further set forth in this Order) (Signed by JudgeKimba M. Wood on 9/27/2016) (kl) (Entered: 09/27/2016)

09/27/2016 820 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel. as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She/he satisfied the requirements for a provisionalcertificate in the certificate title sought, other than passing the LAST exam. during theperiod the LAST was a prerequisite for New York State certification; or b. She/he wasappointed under a New York City Board of Examiners Credential and satisfied the"maximum requirements," other than passing the LAST exam, that were in effect at thetime the New York City Board of Examiners ceased operating; or c. She/he meets allcurrent requirements for employment as a teacher by Defendant, except for passing theALST exam. 2. The parties have previously stipulated to the requirements to be deemedcertified to teach elementary grades (pre-K through 6th grade), special education, speechand hearing handicapped, secondary academic subjects to grades 7 through 12, SpecialSubjects, English to Speakers of Other Languages ("ESOL," also referred to as"TESOL"), and Occupational Subjects and agree that there is no need to repeat thoserequirements again here. (As further set forth in this Order) (Signed by Judge Kimba M.Wood on 9/27/2016) (kl) (Entered: 09/27/2016)

09/28/2016 821 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She/he satisfied the requirements for a provisionalcertificate in the certificate title sought, other than passing the LAST exam, during theperiod the LAST was a prerequisite for New York State certification; or b. She/he wasappointed under a New York City Board of Examiners Credential and satisfied the"maximum requirements," other than passing the LAST exam, that were in effect at thetime the New York City Board of Examiners ceased operating: or c. She/he meets all












current requirements for employment as a teacher by Defendant, except for passing theALST exam. 2. The parties have previously stipulated to the requirements to be deemedcertified to teach elementary grades (pre-K through 6th grade), special education, speechand hearing handicapped, secondary academic subjects to grades 7 through 12, SpecialSubjects, English to Speakers of Other Languages ("ESOL," also referred to as"TESOL"), and Occupational Subjects and agree that there is no need to repeat thoserequirements again here. (As further set forth in this Order) (Signed by Judge Kimba M.Wood on 9/28/2016) (kl) (Entered: 09/28/2016)

09/28/2016 822 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She/he satisfied the requirements for a provisionalcertificate in the certificate title sought, other than passing the LAST exam, during theperiod the LAST was a prerequisite for New York State certification; or b. She/he wasappointed under a New York City Board of Examiners Credential and satisfied the"maximum requirements," other than passing the LAST exam, that were in effect at thetime the New York City Board of Examiners ceased operating; or c. She/he meets allcurrent requirements for employment as a teacher by Defendant, except for passing theALST exam. 2. The parties have previously stipulated to the requirements to be deemedcertified to teach elementary grades (pre-K through 6th grade), special education, speechand hearing handicapped, secondary academic subjects to grades 7 through 12, SpecialSubjects, English to Speakers of Other Languages ("ESOL," also referred to as"TESOL"), and Occupational Subjects and agree that there is no need to repeat thoserequirements again here. (As further set forth in this Order) (Signed by Judge Kimba M.Wood on 9/28/2016) (kl) (Entered: 09/28/2016)

10/05/2016 823 REPLY re: 791 Special Master's Report, 815 Response to Order to Show Cause, 727Order to Show Cause,,,,, Plaintiffs Reply In Further Support of Their Objections To TheSpecial Masters July 18, 2016 Interim Report And Recommendation. Document filed byNia Greene, Elsa Gulino, Mayling Ralph, Peter Wilds. (Sohn, Joshua) (Entered:10/05/2016)

10/05/2016 824 LETTER addressed to Judge Kimba M. Wood from Joshua S. Sohn dated October 5,2016 re: Status Update. Document filed by Nia Greene, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 10/05/2016)


10/07/2016 ***DELETED DOCUMENT. Deleted document number 826 Order. The documentwas incorrectly filed in this case. (kko) (Entered: 10/07/2016)

10/07/2016 826 SUBSTITUTED INTERIM REPORT AND RECOMMENDATION: Granted. Granted.The Court hereby grants Plaintiffs' motion to amend the class definition to include: "AllAfrican American and Latino individuals employed as New York City public schoolteachers by Defendant, on or after June 29, 1995, who failed to achieve a qualifying scoreon any administration of the LAST, and as a result either lost or were denied a permanentteaching appointment." SO ORDERED. Objections to R&R due by 10/24/2016 (Signed












by Judge Kimba M. Wood on 10/7/2016) (kl) Modified on 10/7/2016 (kl). (Entered:10/07/2016)

10/19/2016 827 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated October19, 2016 re: Invoice from GCG. Document filed by Board of Education of the New YorkCity School District of the City of New York.(Fraenkel, William) (Entered: 10/19/2016)

10/20/2016 828 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She/he satisfied the requirements for a provisionalcertificate in the certificate title sought, other than passing the LAST exam, during theperiod the LAST was a prerequisite for New York State certification; or b. She/he wasappointed under a New York City Board of Examiners Credential and satisfied the"maximum requirements," other than passing the LAST exam, that were in effect at thetime the New York City Board of Examiners ceased operating: or c. She/he meets allcurrent requirements for employment as a teacher by Defendant, except for passing theALST exam. 2. The parties have previously stipulated to the requirements to be deemedcertified to teach elementary grades (pre-K through 6th grade). special education, speechand hearing handicapped, secondary academic subjects to grades 7 through 12, SpecialSubjects, English to Speakers of Other Languages ("ESOL," also referred to as"TESOL"), and Occupational Subjects and agree that there is no need to repeat thoserequirements again here. (As further set forth in this Order) (Signed by Judge Kimba M.Wood on 10/20/2016) (kl) (Entered: 10/20/2016)

10/20/2016 829 MEMO ENDORSEMENT on re: 827 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, which the parties have approved, and finds it regular andreasonable. The statement may be processed for payment. See ECF No. 471. SOORDERED. (Signed by Judge Kimba M. Wood on 10/20/2016) (kl) (Entered:10/20/2016)

10/20/2016 830 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua S. Sohn dated October20, 2016 re: Status Update. Document filed by Nia Greene, Elsa Gulino, Mayling Ralph,Peter Wilds.(Sohn, Joshua) (Entered: 10/20/2016)

10/31/2016 831 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated October31, 2016 re: GCG Invoice. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 10/31/2016)

11/03/2016 832 MEMO ENDORSEMENT on re: 831 LETTER addressed to Judge Kimba M. Wood fromWilliam S.J. Fraenkel dated October 31, 2016 re: GCG Invoice. Document filed by Boardof Education of the New York City School District of the City of New York.ENDORSEMENT: The Court has reviewed the attached itemized statement, which theparties have approved, and finds it regular and reasonable. The statement may beprocessed for payment. See ECF No. 471. So ordered. (Signed by Judge Kimba M. Woodon 11/3/2016) (rjm) (Entered: 11/03/2016)

11/03/2016 833 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated10/27/2016 re: the enclosed bill for inspection for regularity and reasonableness pursuantto Your Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT: TheCourt has reviewed the attached itemized statement, which the parties have approved, andfinds it regular and reasonable. The statement may be processed for payment. See ECFNo. 454. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/3/2016) (kl) (Entered:11/03/2016)












11/03/2016 834 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua S. Sohn datedNovember 3, 2016 re: Status Update. Document filed by Nia Greene, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 11/03/2016)

11/04/2016 835 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FIRSTMOTION for Order to Show Cause . Document filed by Board of Education of the NewYork City School District of the City of New York. Return Date set for 11/14/2016 at10:00 AM. (Attachments: # 1 Affidavit)(Mangum, Ryan) Modified on 11/17/2016 (db).(Entered: 11/04/2016)

11/04/2016 836 ORDER TO SHOW CAUSE: ORDERED, that the New York State EducationDepartment ("SED") show cause before the Special Master appointed by this Court, JohnSiffert, Lankier Siffert & Wohl LLP, 500 Fifth Avenue, 34th Floor, New York NY 10110,on November 14, 2016, at 10:00 a.m., or as soon thereafter as counsel may be heard, whyan order should not be issued ordering the SED to: (i) Provide a list of all individuals whohave taken the LAST-2 on or after May 1, 2014, including each test-taker's first name, lastname, date of birth, and full social security number; (ii) Provide a list of all individuals, ifany, who sought a professional teaching certificate via the LAST-2 on or after May 1,2014, in Career and Technical Education; (iii) Provide a list of all individuals, if any, whosought a professional teaching certificate via the LAST-2 on or after May 1, 2014,pursuant to the PATRIOT Act or USERRA; and, (iv) Respond to the follow interrogatory:"Identify the procedures by which individuals could obtain certification through theLAST-2 on or after May 1, 2014, for a professional teaching certificate in Career andTechnical Education or pursuant to the PATRIOT ACT or USERRA and provide theidentity of any person who invoked such procedures." and it is further, ORDERED thatopposition papers, if any, shall be served no later than November 10, 2016, by 5:00 p.m.(As further set forth in this Order) Show Cause Hearing set for 11/14/2016 at 10:00 AMbefore Special Master. Show Cause Response due by 11/10/2016. (Signed by JudgeKimba M. Wood on 11/4/2016) (kl) (Entered: 11/04/2016)

11/08/2016 837 RESPONSE TO ORDER TO SHOW CAUSE re: 836 Order to Show Cause,,,,,,.Document filed by New York State Education Department. (Banks, Steven) (Entered:11/08/2016)

11/14/2016 838 ORDER: Therefore, upon consideration of the relevant facts and the needs of this case,the recommendation of the Special Master, and without objection of the parties, IT ISHEREBY ORDERED THAT: 1. Berdon shall serve as a tax expert in the remedial phaseof this litigation. 2. Berdon shall perform duties including: a. Receiving discoveryrelevant to the calculation of tax-component awards from the parties and Claimants. b.Developing a class-wide financial model to compute tax-component awards for classmembers. c. Determining the specific tax-component award, if any, to be awarded toindividual class members. 3. The City of New York will be responsible for paying allcosts of Berdon's work. Berdon has offered to reduce its usual rates for this engagement,and both parties believe that these reduced rates are reasonable and appropriate. Berdonhas also submitted its reduced rates to the Special Master, who has no objection to theproposed rates. (As further set forth in this Order) (Signed by Judge Kimba M. Wood on11/10/2016) (kl) (Entered: 11/14/2016)

11/15/2016 839 LETTER addressed to Judge Kimba M. Wood from Steven L. Banks, AAG datedNovember 15, 2016 re: Proposed Subpoena. Document filed by New York StateEducation Department.(Banks, Steven) (Entered: 11/15/2016)

11/15/2016 840 ORDER: THEREFORE, upon consideration of the relevant facts and needs of this case,and upon the recommendation of the Special Master, IT IS HEREBY ORDERED THAT:1. Defendant shall serve the attached subpoena on the SED, and 2. The SED shall comply












with the attached subpoena by the December 29, 2016 return date. (As further set forth inthis Order) (Signed by Judge Kimba M. Wood on 11/15/2016) (kl) (Entered: 11/15/2016)

11/23/2016 841 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel datedNovember 23, 2016 re: GCG Invoice. Document filed by Board of Education of the NewYork City School District of the City of New York.(Fraenkel, William) (Entered:11/23/2016)

12/05/2016 842 MEMO ENDORSEMENT on re: 841 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, and finds it regular and reasonable. The statement may beprocessed for payment. See ECF No. 471. (Signed by Judge Kimba M. Wood on12/5/2016) (mro) (Entered: 12/05/2016)

12/09/2016 843 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated12/1/2016 re: enclosed bill for inspection for regularity and reasonableness pursuant toYour Honor's Order of Appointment dated May 20, 2014. ENDORSEMENT: The Courthas reviewed the attached itemized statement, which the parties have approved, and findsit regular and reasonable. The statement may be processed for payment. See ECF No.454. SO ORDERED. (Signed by Judge Kimba M. Wood on 12/8/2016) (kl) (Entered:12/09/2016)

12/12/2016 844 STIPULATION AND ORDER: The parties agree that the following Plaintiffs shall,pursuant to the Injunction, be deemed by the Court to be certified by the State of NewYork to teach in the areas indicated below and shall be eligible to seek employment withDefendant. These Plaintiffs are: a. Ana Gavilanes (Claim No. 1000089). Ms. Gavilanescompleted the educational requirements and has the teaching experience needed to obtaina provisional certificate in pre-k to grade 6. Ms. Gavilanes passed the ATSW. She has,therefore, fulfilled all necessary requirements contemplated by paragraph 1.a. above for aprovisional certificate. b. Olga Hooker (Claim No 1014430). Ms. Hooker has completedthe educational requirements and has the teaching experience needed to obtain aprovisional certificate in pre-k to grade 6 with a bilingual extension based on a transcriptevaluation by Robert Bentley. Ms. Hooker passed the ATSW. She has, therefore, fulfilledall necessary requirements contemplated by paragraph 1.a. above for a provisionalcertificate. c. Humberto Lopez (Claim No. 1015251). Mr. Lopez has completed theeducational and has the teaching experience needed to obtain a provisional certificate inboth special education based on a transcript evaluation by Robert Bentley, as well as pre-kto grade 6. Mr. Lopez passed the ATSW. Mr. Lopez has, therefore, fulfilled all necessaryrequirements contemplated by paragraph 1.a above for a provisional certificate. (Asfurther set forth herein. (Signed by Judge Kimba M. Wood on 12/12/2016) (kgo)(Entered: 12/12/2016)

12/12/2016 845 STIPULATION AND ORDER: The Parties agree that the Injunction issued by this Court,Docket Entry number 707, dated and entered on December 28, 2015 ("LAST-2Injunction"), is by agreement of the Parties and the recommendation of the Special Masterhereby modified as follows: 1. Paragraph (2)(a) of the LAST-2 Injunction is herebydeleted and replaced with the following: that by December 28, 2020, he or she satisfiedthe New York State certification requirements for an initial certificate in the certificatetitle sought, other than passing the LAST, that were operative during the period that theLAST was a prerequisite for New York State initial certification, 2. Paragraph (3) of theLAST-2 Injunction is hereby deleted and replaced with the following: Any African-American or Latino test-taker who first took and failed the LAST examinationadministered on or after February 13, 2004, will have until December 28, 2020, todemonstrate his or her satisfaction of the criteria set forth in Paragraph (2) above. (Signedby Judge Kimba M. Wood on 12/12/2016) (kgo) (Entered: 12/12/2016)









12/12/2016 846 STIPULATION AND ORDER: The parties agree that the following Plaintiffs hereinshall, pursuant to the Injunction, be deemed by the Court to be certified by the State ofNew York to teach in the areas indicated below and shall be eligible to seek employmentwith Defendant. (As further set forth herein.) (Signed by Judge Kimba M. Wood on12/12/2016) (kgo) (Entered: 12/12/2016)

12/14/2016 847 ORDER: The Court adopts in its entirety the meticulously, fairly-reasoned Interim Reportand Recommendation ("IRR") from July 18, 2016 (ECF No. 791), proposed by John S.Siffert, Special Master. In doing so, the Court denies Plaintiffs' motion to modifyinjunctions previously entered in this case, which sought to have the Court require theNew York State Education Department to grant full State teaching certification to classmembers. (Signed by Judge Kimba M. Wood on 12/13/2016) (kgo) (Entered: 12/14/2016)

12/14/2016 848 STIPULATION AND ORDER: The parties agree that the following Plaintiffs hereinshall, pursuant to the Injunction, be deemed by the Court to be certified by the State ofNew York to teach in the areas indicated below and shall be eligible to seek employmentwith Defendant. (As further set forth herein.) (Signed by Judge Kimba M. Wood on12/14/2016) (kgo) (Entered: 12/14/2016)

12/23/2016 849 JOINT LETTER addressed to Judge Kimba M. Wood from Joshua S. Sohn datedDecember 23, 2016 re: Status Update. Document filed by Nia Greene, Elsa Gulino,Mayling Ralph, Peter Wilds.(Sohn, Joshua) (Entered: 12/23/2016)

01/12/2017 850 ORDER: IT IS HEREBY ORDERED THAT: Pursuant to the terms of the ClassCertification Order, on consent of the parties, and based on the Special Master'srecommendation, 1. Claimants listed on Appendix A are hereby DISMISSED from thiscase for failure to satisfy the requirements for class membership; 2. The names ofindividual claimants identified in this Order and on Appendix A shall be redacted in anypublicly filed version of this Order in order to protect their privacy. 3. The Garden CityGroup, Inc. ("GCG"), the Claims Administrator previously appointed by this Court, willprovide the attached "Order of Dismissal," by email and regular mail, to each claimantlisted on Appendix A; 4. GCG will remove claimants listed on Appendix A from GCG'sclaimant mailing lists; and 5. Claimants listed on Appendix A who wish to contest theirdismissal from this action may file their objections with the Court no later than February28, 2017. (Signed by Judge Kimba M. Wood on 1/12/2017) (kgo) (Main Document 850replaced on 1/12/2017) (kgo). (Entered: 01/12/2017)

01/19/2017 851 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated January19, 2017 re: GCG Invoice. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 01/19/2017)

01/23/2017 852 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert re: Ihave written off $28,004.25 reflecting my agreed upon reduced hourly rate of $690 perhour and the agreed upon 25% discount off the hourly rate for associates and paralegals.ENDORSEMENT: The Court has reviewed the attached itemized statement, which theparties have approved, and finds it regular and reasonable. This statement may beprocessed for payment. See ECF No. 454. (Signed by Judge Kimba M. Wood on1/19/2017) (kgo) (Entered: 01/23/2017)

01/23/2017 853 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated1/18/2017 re: Submission of invoice for Court review. ENDORSEMENT: The Court hasreviewed the attached itemized statement, which the parties have approved, and finds itregular and reasonable. This statement may be processed for payment. See ECF No. 586.(Signed by Judge Kimba M. Wood on 1/19/2017) (kgo) (Entered: 01/23/2017)

01/23/2017 854 MEMO ENDORSEMENT on re: 851 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewed













the attached itemized statement, which the parties have approved, and finds it regular andreasonable. The statement may be processed for payment. See ECF No. 471. (Signed byJudge Kimba M. Wood on 1/19/2017) (kgo) (Entered: 01/23/2017)

02/01/2017 855 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated February1, 2017 re: GCG Invoice. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 02/01/2017)

02/03/2017 856 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated1/30/2017 re: We are submitting the enclosed bill for inspection for regularity andreasonableness. ENDORSEMENT: The Court has reviewed the attached itemizedstatement, which the parties have reviewed, and finds it regular and reasonable. Thisstatement may be processed for payment. See ECF No. 454. (Signed by Judge Kimba M.Wood on 2/3/2017) (kgo) (Entered: 02/03/2017)

02/03/2017 857 MEMO ENDORSEMENT on re: 855 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, which the parties have approved, and finds it regular andreasonable. This statement may be processed for payment. See ECF No. 471. (Signed byJudge Kimba M. Wood on 2/3/2017) (kgo) (Entered: 02/03/2017)

02/23/2017 858 SPECIAL MASTER'S REPORT. Special Master John S. Siffert's Interim Report andRecommendation on Plaintiffs' motion for expert fees. Document filed by John S. Siffert.(Siffert, John) (Entered: 02/23/2017)

02/23/2017 859 ORDER: On February 22, 2017, Special Master John S. Siffert issued his Interim Reportand Recommendation ("IRR") recommending that the Court grant Plaintiffs motion tosever attorneys' fees from expert fees. Special Master Siffert recommends that the Courtgrant a total of $872,743.07 in expert fees, of which $631,573.07 is owed to Dr. DiPreteand $241,170.00 to Mr. Soule. The Court has reviewed Special Master Siffert'smeticulously reasoned IRR, and finds no clear error. Accordingly, the February 22, 2017Interim Report and Recommendation is approved and adopted in its entirety. This Ordermay be submitted for payment. (Signed by Judge Kimba M. Wood on 2/23/2017) (kgo)(Entered: 02/23/2017)

02/24/2017 860 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated2/28/2017 re: respectfully request that Your Honor endorse the statement so that it may beprocessed for payment by the Defendant. ENDORSEMENT: The Court has reviewed theattached itemized statement, which the parties have approved, and finds it regular andreasonable. The statement may be processed for payment. See ECF No. 838. (Signed byJudge Kimba M. Wood on 2/22/2017) (kgo) (Entered: 02/24/2017)

03/15/2017 861 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated March15, 2017 re: GCG Invoice. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 03/15/2017)

04/04/2017 862 SPECIAL MASTER'S REPORT. Interim Report And Recommendation on Plaintiff'smotion for interim attorneys' fees and costs, signed by Special Master John S. Siffert on3/24/2017. Document filed by John S. Siffert.(Siffert, John) (Entered: 04/04/2017)

04/04/2017 863 ORDER: The Court hereby adopts all of the findings and recommendations of the Report,including the recommendation not to award fees related to litigation of the ALST. TheCourt awards Plaintiffs a total of $4,400,421.34 in attorneys' fees for the period ofNovember 2014 through September 2016. The award shall be paid no later than April 28,2017. (Signed by Judge Kimba M. Wood on 4/4/2017) (kgo) (Entered: 04/04/2017)

04/07/2017 864 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated April 7,2017 re: GCG Invoice. Document filed by Board of Education of the New York City














School District of the City of New York.(Fraenkel, William) (Entered: 04/07/2017)

04/07/2017 865 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated3/10/2017 re: We are submitting the enclosed bill for inspection for regularity andreasonableness. ENDORSEMENT: The Court has reviewed the attached itemizedstatement, which the parties have approved, and finds it regular and reasonable. Thestatement may be processed for payment. See ECF No. 454. (Signed by Judge Kimba M.Wood on 4/7/2017) (kgo) (Entered: 04/07/2017)

04/07/2017 866 MEMO ENDORSEMENT on re: 861 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, which the parties have approved, and finds it regular andreasonable. This statement may be processed for payment. See ECF No. 471. (Signed byJudge Kimba M. Wood on 4/7/2017) (kgo) (Entered: 04/07/2017)

04/07/2017 867 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated3/24/2017 re: We are submitting the enclosed bill for inspection for regularity andreasonableness. ENDORSEMENT: The Court has reviewed the attached itemizedstatement, which the parties have approved, and finds it regular and reasonable. Thisstatement may be processed for payment. See ECF No. 454. (Signed by Judge Kimba M.Wood on 4/7/2017) (kgo) (Entered: 04/07/2017)

04/07/2017 868 AMENDED ORDER: The Court hereby adopts all of the findings and recommendationsof the Report, including the recommendation not to award fees related to litigation of theALST. The Court awards Plaintiffs a total of $4,400,241.34 in attorneys' fees for theperiod of November 2014 through September 2016. The award shall be paid no later thanApril 28, 2017. This Order vacates and amends the Order from April 4, 2017 (Doc. 863).(Signed by Judge Kimba M. Wood on 4/7/2017) (kgo) (Entered: 04/07/2017)

04/11/2017 869 MEMO ENDORSEMENT on re: 864 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, which the parties have approved, and finds it regular andreasonable. This statement may be processed for payment. See ECF No. 471. (Signed byJudge Kimba M. Wood on 4/11/2017) (ras) (Entered: 04/11/2017)

04/11/2017 870 ORDER: IT IS HEREBY ORDERED THAT: 1. Risk & Regulatory Consulting ("RRC")shall serve as a retirement pension valuation expert in the remedial phase of thislitigation. 2. RRC shall perform duties including: a. Receiving discovery relevant to thecalculation of retirement pension benefits from the parties and Claimants. b. Performingvaluations, as of the date of class members' judgments in this case, for class members'pension benefits in pension systems other than the following pension systems: i. NewYork City Employees' Retirement System ii. Teachers' Retirement System of the City ofNew York iii. New York City Police Pension Fund, Subchapter 2 iv. New York City FireDepartment Pension, Subchapter 2 v. New York City Board of Education RetirementSystem c. Performing other calculations and giving other assistance the Special Masterdetermines is necessary to provide relief to class members. 3. The City of New York willbe responsible for paying all costs of RRC's work. 4. RRC will report to, and besupervised by the Special Master. The Special Master shall update the Court on RRC'sefforts in his periodic updates to the Court, as required by the Court's prior orders. If inthe course of his supervision, Special Master Siffert deems it necessary, the SpecialMaster shall recommend that the Court amend RRC's duties to more effectively assist inthe administration of individual relief. 5. RRC will submit itemized statements of fees andexpenses to the Special Master, which reflect a 10% discount off of RRC's standardbilling rates. The Special Master will review each statement from RRC and inspect it forregularity and reasonableness. Upon approving any statement from RRC, the SpecialMaster will submit it to the parties. The Special Master will also submit RRC's statement











to the Court, noting any area of unresolved dispute. If the Court determines RRC'sstatement is regular and reasonable, the Court may sign it and transmit it to the parties.Such transmittal will constitute a direction to the City of New York to pay the amount setforth in RRC's statement. The City of New York will then remit to RRC any Court-approved amount in the regular manner in which it pays bills, but not later than 30calendar days following Court approval. (Signed by Judge Kimba M. Wood on4/11/2017) (ap) Modified on 4/13/2017 (ap). (Entered: 04/11/2017)

04/13/2017 871 ORDER: The Court adopts each of the 221 Orders of Dismissal, included as Appendix Bto this Order. Appendix A contains a list of claimants ineligible for class membership, asof December 7, 2016. (Signed by Judge Kimba M. Wood on 4/13/2017) (Attachments: #1 Appendix A, # 2 Appendix B)(kgo) (Entered: 04/13/2017)


04/17/2017 873 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated4/14/2017 re: Pursuant to the Court's November 10, 2016 Order (ECF No. 838), I amforwarding the second invoice, dated March 28, 2017, from the Court-approved neutraltax consultant, Berdon LLP. The parties have reviewed the statement, inspected it forregularity and reasonableness, and have no objections. I have also reviewed the statementand found it acceptable. If Your Honor determines that the statement is regular andreasonable, I respectfully request that Your Honor endorse the statement so that it may beprocessed for payment by the Defendant. ENDORSEMENT: The Court has reviewed theattached itemized statement; which the Special Master has approved, and finds it regularand reasonable. This statement may be processed for payment. See ECF No. 838. Soordered. (Signed by Judge Kimba M. Wood on 4/14/2017) (rjm) (Entered: 04/17/2017)

05/02/2017 874 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: 1.Pursuant to the terms of the Court's March 31, 2015 injunction (the "Injunction"), a classmember seeking a permanent teaching position shall be deemed to be certified by theState of New York for the purpose of employment by Defendant if he or she can establishto the Court's satisfaction that: a. She/he satisfied the requirements for a provisionalcertificate in the certificate title sought, other than passing the LAST exam, during theperiod the LAST was a prerequisite for New York State certification...and as further setforth. (Signed by Judge Kimba M. Wood on 5/1/2017) (ras) Modified on 5/4/2017 (ras).(Entered: 05/02/2017)

05/02/2017 875 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated4/27/2017 re: enclosed bill for inspection. ENDORSEMENT: The Court has reviewed theattached itemized statement, which the parties have reviewed, and finds it regular andreasonable. The statement may be processed for payment. See ECF No. 454. (Signed byJudge Kimba M. Wood on 5/2/2017) (ras) (Entered: 05/02/2017)

05/03/2017 876 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated5/1/2017 re: Third invoice for review. ENDORSEMENT: The Court has reviewed theattached itemized statement, which the parties have reviewed, and finds it regular andreasonable. The statement may be processed for payment. See ECF No. 838. (Signed byJudge Kimba M. Wood on 5/3/2017) (ras) (Entered: 05/03/2017)

05/26/2017 877 LETTER from non-party, Luis Simo, dated 5/26/17 re: OBJECTING TO PUT ME OUTOF THE CASE. (sc) (Entered: 05/26/2017)

05/26/2017 878 LETTER addressed to Judge Kimba M. Wood from Marie T. Vidal, re: (ORDER OFDISMISSAL OF MARIA T. VIDAL, CLAIM NO. 1015531/ OBJECTION BECAUSE IDON'T WANT TO BE OUT OF THIS CASE) - Non-party Maria Vidal submits this letterwith attached certificate of qualifications etc. (sc) (Entered: 05/26/2017)












05/31/2017 879 LETTER from Elsa Gulino dated 5/31/2017 re: Request a 30 day extension by the Court.Document filed by Elsa Gulino.(sac) (Entered: 06/01/2017)

05/31/2017 880 LETTER addressed to Judge Kimba M. Wood from Shela M. Jackson-Damis dated5/31/2017 re: I Shela M. Jackson-Damis would propose for my name to be added back tothe case as I have the proper documentation. Document filed by Shela M. Jackson-Damis.(sac) (Entered: 06/01/2017)

05/31/2017 881 OBJECTION (COMPLAINT FOR EMPLOYMENT DISCRIMINATION). Documentfiled by Agnes Zaballa Santos. (Attachments: # 1 Main Document)(sac) (Entered:06/01/2017)

06/02/2017 884 LETTER from former dismissed party, Agnes Z. Santos, dated 6/2/17 re: 881OBJECTION. (sc) (Entered: 06/05/2017)

06/02/2017 885 APPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL. Documentfiled by former dismissed party Agnes Z. Santos.(sc) Modified on 6/5/2017 (sc). (Entered:06/05/2017)

06/05/2017 882 SPECIAL MASTER'S REPORT. on Plaintiffs' motion to deem class member FedericoArtiles certified. Document filed by John S. Siffert. (Attachments: # 1 Appendix A)(Siffert, John) (Entered: 06/05/2017)

06/05/2017 883 Vacated as per Judge's Order dated 6/29/2017, Doc. # 891 . ORDER: IT IS HEREBYORDERED THAT: Pursuant to the terms of the Injunction, and based on the SpecialMaster's recommendation, Mr. Artiles shall be deemed by the Court to be certified by theState of New York to teach special education and shall be eligible to seek employmentwith Defendant. ON RECOMMENDATION OF THE SPECIAL MASTER. SOORDERED. (Signed by Judge Kimba M. Wood on 6/5/2017) (ras) (Entered: 06/05/2017)

06/07/2017 886 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated June 7,2017 re: GCG Invoice. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 06/07/2017)

06/08/2017 887 MEMO ENDORSEMENT: on re: 886 Letter filed by Board of Education of the NewYork City School District of the City of New York. ENDORSEMENT: The Court hasreviewed the attached itemized Statement, which the parties have approved, and finds itregular and reasonable. The Statement may be processed for payment. See ECF No. 471.(Signed by Judge Kimba M. Wood on 6/9/2017) (ap) Modified on 6/8/2017 (ap).(Entered: 06/08/2017)

06/09/2017 888 MEMO ENDORSEMENT on re: 879 Letter filed by Elsa Gulino. ENDORSEMENT:Order: The Court grants D. Batiste until July 7, 2017, to submit documents objecting todismissal. (Signed by Judge Kimba M. Wood on 6/9/2017) (ras) (Entered: 06/09/2017)

06/12/2017 889 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated6/6/2017 re: enclosed bill for inspection. ENDORSEMENT: The Court has reviewed theattached itemized statement, which the parties have approved, and finds it regular andreasonable. This statement may be processed for payment. See ECF No. 454. (Signed byJudge Kimba M. Wood on 6/12/2017) (ras) (Entered: 06/12/2017)

06/13/2017 890 MEMO ENDORSEMENT on STATUTE OF LIMITATIONS TOLLING AGREEMENT.ENDORSEMENT: SO ORDERED. (Signed by Judge Kimba M. Wood on 6/13/2017)(ras) (Entered: 06/13/2017)

06/29/2017 891 ORDER: IT IS HEREBY ORDERED THAT: Pursuant to the terms of the Injunction, andbased on the Special Master's recommendation, Mr. Artiles shall be deemed by the Courtto be certified by the State of New York to teach elementary education (Pre-K to Grade 6)and special education, and shall be eligible to seek employment with Defendant. This





















Order vacates and replaces the Court's Order dated June 5, 2017 [Dkt. 883], and as furtherset forth herein. ON RECOMMENDATION OF THE SPECIAL MASTER. SOORDERED. (Signed by Judge Kimba M. Wood on 6/29/2017) (ras) (Entered:06/29/2017)

06/29/2017 892 ORDER: The Court has reviewed the Objections to the April 12, 2017 Orders ofDismissal (Dkt. No. 871-2) filed by Luis Simo (Dkt. No. 877) and Agnes Zaballa Santos(Dkt. No. 884). The Court adopts the Special Master's recommendation and affirmsdismissing Mr. Simo and Ms. Santos from the class. Mr. Simo has not submitted proofthat he worked as a teacher at the BOE following his first failure of the LAST on July 20,2002. Ms. Santos does not self-identify as African American or Latina. These facts renderMr. Simo and Ms. Santos ineligible to be members of the class. The Court grants Ms.Jackson-Damis (Dkt. No. 880) and Ms. Maria T. Vidal (Dkt. No. 878) until July 31, 2017,to submit any and all documentation supporting their objections. (Signed by Judge KimbaM. Wood on 6/29/2017) (ras) (Entered: 06/29/2017)

07/19/2017 893 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated7/7/2017 re: request for endorsement of the statement to be processed for payment.ENDORSEMENT: The Court has reviewed the attached itemized statement, which theparties have reviewed, and finds it regular and reasonable. The statement may beprocessed for payment. See ECF No. 838. (Signed by Judge Kimba M. Wood on7/19/2017) (ras) (Entered: 07/19/2017)

07/28/2017 894 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated July 28,2017 re: GCG Invoice. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 07/28/2017)

07/28/2017 895 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated7/6/2017 re: bill submission for inspection. ENDORSEMENT: The Court has reviewedthe attached itemized statement, which the parties have approved, and finds it regular andreasonable. The statement may be processed for payment. See ECF No. 454. (Signed byJudge Kimba M. Wood on 7/28/2017) (ras) (Entered: 07/28/2017)

07/31/2017 896 LETTER from Maria Vidal, re: (ORDER OF DISMISSAL OF MARIA T. VIDAL)Non-party Maria Vidal 's Objection With More Exhibits. (sc) (Entered: 08/01/2017)

08/02/2017 897 ORDER: IT IS HEREBY ORDERED that within thirty-days of the entering of this order,Plaintiffs' counsel shall mail a letter in the form of Exhibit 1 to the PotentialParaprofessional Class Members listed in Exhibit 2 for the purpose of elicitinginformation that would permit the Special Master and the Court to determine if any of thePotential Paraprofessional Class Members suffered any adverse employmentconsequences as a result of failing the LAST after April 30, 2014. (Signed by JudgeKimba M. Wood on 7/28/2017) (ras) (Entered: 08/02/2017)

08/02/2017 898 SPECIAL MASTER'S REPORT. Interim Report and Recommendation recommendingentry of Order permitting Plaintiffs' counsel to mail a letter for the purpose of elicitinginformation related to potential class members. Document filed by John S. Siffert.(Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2)(Siffert, John)(Entered: 08/02/2017)

08/04/2017 899 ENDORSED LETTER: addressed to Judge Kimba M. Wood, from John S. Siffert, datedJuly 28, 2017, re: Bill. ENDORSEMENT: The Court has reviewed the attached itemizedstatement, and finds it regular and reasonable. This statement may be processed forpayment. See ECF No. 454. (Signed by Judge Kimba M. Wood on 8/4/2017) (ap)(Entered: 08/04/2017)

08/04/2017 ***DELETED DOCUMENT. Deleted document number 900 ENDORSED















LETTER. The document was incorrectly filed in this case. (ras) (Entered: 08/10/2017)

08/04/2017 900 MEMO ENDORSEMENT on re: 894 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, which the parties have reviewed, and finds it regular andreasonable. This statement may be processed for payment. See ECF No. 471. SOORDERED. (Signed by Judge Kimba M. Wood on 8/4/2017) (ras) (Entered: 08/10/2017)

08/17/2017 901 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: Pursuantto the terms of the Court's March 31, 2015 injunction (the "Injunction"), a class memberseeking a permanent teaching position shall be deemed to be certified by the State of NewYork for the purpose of employment by Defendant if he or she can establish to the Court'ssatisfaction that: a. She/he satisfied the requirements for a provisional certificate in thecertificate title sought, other than passing the LAST exam, during the period the LASTwas a prerequisite for New York State certification...The parties agree that the followingPlaintiffs shall, pursuant to the Injunction, be deemed by the Court to be certified by theState of New York to teach in the areas indicated below and shall be eligible to seekemployment with Defendant. These Plaintiffs are: Marie Bernard-Campbell (Claim No.1012889); Beverly K. Patterson (Claim No. 1004232); Argentina Pineda (Claim No.1010591); Stella Rodriguez (Claim No. 1002139)...This Stipulation may be signed incounterparts and facsimile or e-mailed copies shall be deemed originals, and as further setforth herein. ON RECOMMENDATION OF THE SPECIAL MASTER. SO ORDERED.(Signed by Judge Kimba M. Wood on 8/17/2017) (ras) Modified on 8/17/2017 (ras).(Entered: 08/17/2017)

08/17/2017 902 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: Pursuantto the terms of the Court's March 31, 2015 injunction (the "Injunction"), a class memberseeking a permanent teaching position shall be deemed to be certified by the State of NewYork for the purpose of employment by Defendant if he or she can establish to the Court'ssatisfaction that: a. She/he satisfied the requirements for a provisional certificate in thecertificate title sought, other than passing the LAST exam, during the period the LASTwas a prerequisite for New York State certification; or b. She/he was appointed under aNew York City Board of Examiners Credential and satisfied the "maximumrequirements," other than passing the LAST exam, that were in effect at the time the NewYork City Board of Examiners ceased operating; or c. She/he meets all currentrequirements for employment as a teacher by Defendant, except for passing the ALSTexam. The parties have previously stipulated to the requirements to be deemed certified toteach elementary grades (pre-K through 6th grade), special education, speech and hearinghandicapped, secondary academic subjects to grades 7 through 12, Special Subjects,English to Speakers of Other Languages ("ESOL," also referred to as "TESOL"), andOccupational Subjects and agree that there is no need to repeat those requirements againhere. In addition to the meeting the requirements of the certificate tiles sought, classmembers seeking permanent employment with Defendant must also complete three state-mandated workshops (child abuse identification/school violence prevention; harassment,bullying and discrimination prevention; and students with autism (for certain teachingtitles)), which the parties agree the class member may complete after being deemedcertified, but before commencing his or her classroom placement. The parties agree thatthe following Plaintiffs shall, pursuant to the Injunction, be deemed by the Court to becertified by the State of New York to teach in the areas indicated below and shall beeligible to seek employment with Defendant. These Plaintiffs are: a. Paul Cedeno (ClaimNo. 1007409). Mr. Cedeno was previously certified by the Court to teach Social Studiesto grades 7-12. He has also completed the educational requirements and has the teachingexperience needed to obtain a provisional certificate to teach Special Education based on







a transcript evaluation by Robert Bentley. As previously confirmed, he has passed theATSW.4 He has, therefore, fulfilled all necessary requirements contemplated byparagraph I.a. above for a provisional certificate in Special Education. b. Ana Rodriguez(Claim No. 1001418). Ms. Rodriguez has completed all of the educational requirementsand has the teaching experience needed to obtain a Provisional Certificate to teach Speechand Hearing Handicapped with a bilingual extension based on a transcript evaluation byRobert Bentley. Ms. Rodriguez passed the ATS-W. 6 She, therefore, fulfilled all necessaryrequirements contemplated by paragraph 1.a. above. The parties will submit by furtherstipulation additional Plaintiffs to be deemed certified as they are identified. ThisStipulation may be signed in counterparts and facsimile or e-mailed copies shall bedeemed originals. (Signed by Judge Kimba M. Wood on 8/17/2017) (ap) Modified on9/14/2017 (ap). (Entered: 08/17/2017)

08/23/2017 903 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated8/22/2017 re: request the statement be endorsed so that it may be processed for payment.ENDORSEMENT: The Court has reviewed the attached itemized statement, which theparties have reviewed, and finds it regular and reasonable. The statement may beprocessed for payment. See ECF No. 838. (Signed by Judge Kimba M. Wood on8/23/2017) (ras) (Entered: 08/23/2017)

08/31/2017 904 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated6/15/2017 re: request that the Court endorse invoice. ENDORSEMENT: The Court hasreviewed the attached itemized statement, which the parties have reviewed, and finds itregular and reasonable. The statement may be processed for payment. See ECF No. 838.(Signed by Judge Kimba M. Wood on 8/31/2017) (ras) (Entered: 08/31/2017)

09/07/2017 905 SPECIAL MASTER'S REPORT. relating to Plaintiffs second motion for an interimaward of attorneys fees and costs. Document filed by John S. Siffert. (Attachments: # 1Appendix 1, # 2 Appendix 2, # 3 Appendix 3)(Siffert, John) (Entered: 09/07/2017)

09/08/2017 906 ORDER for 905 Report and Recommendations - Special Master. The Court hereby adoptsall of the findings and recommendations of the Report, including the hourly ratesrecommended by the Special Master. The Court awards Plaintiffs a total of $2,326,493.27in attorneys' fees for the period of September 16, 2016 through March 31, 2017. Theaward shall be paid no later than September 29, 2017. SO ORDERED., (Signed by JudgeKimba M. Wood on 9/6/17) (yv) Modified on 10/13/2017 (yv). (Entered: 09/08/2017)

09/15/2017 907 SPECIAL MASTER'S REPORT. Interim Report And Recommendation recommendingthat the Court adhere to Ms. Maria T. Vidal's dismissal from the class. Document filed byJohn S. Siffert.(Siffert, John) (Entered: 09/15/2017)

09/15/2017 908 ORDER: The Court notes that Plaintiffs and Defendants have reviewed the Report andhave no objections to it. Ms. Vidal, however, has not been provided with a copy of theReport and has not had the opportunity to address the Special Master's concern that theLetter is not genuine. The Court hereby preliminarily adopts all of the findings andrecommendations of the Report, subject to Ms. Vidal having 14 days, until September 27,2017, to provide further evidence showing that the Letter is genuine, and as further setforth herein. (Signed by Judge Kimba M. Wood on 9/13/2017) (ras) (Entered:09/15/2017)

09/18/2017 909 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated9/7/2017 re: submitting enclosed bill for inspection. ENDORSEMENT: The Court hasreviewed the attached itemized statement, and finds it regular and reasonable. Thisstatement may be processed for payment. See ECF No 454. (Signed by Judge Kimba M.Wood on 9/14/2017) (ras) (Entered: 09/18/2017)

09/25/2017 910 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated















September 25, 2017 re: GCG Invoice. Document filed by Board of Education of the NewYork City School District of the City of New York.(Fraenkel, William) (Entered:09/25/2017)

09/27/2017 911 OBJECTION WITH EXPLANATION; re: 907 Special Master's Report. (sc) (Entered:09/27/2017)

09/28/2017 912 MEMO ENDORSEMENT on re: 910 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, and finds it regular and reasonable. The statement may beprocessed for payment. See ECF No 471. (Signed by Judge Kimba M. Wood on9/26/2017) (ras) (Entered: 09/28/2017)

09/28/2017 913 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated9/26/2017 re: request the Court endorse the statement so that it may be processed forpayment. ENDORSEMENT: The Court has reviewed the attached itemized statement,which the parties have reviewed, and finds it regular and reasonable. The statement maybe processed for payment. See ECF No. 838. (Signed by Judge Kimba M. Wood on9/26/2017) (ras) (Entered: 09/28/2017)

09/28/2017 914 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated9/27/2017 re: request that the statement be endorsed so that it may be processed forpayment. ENDORSEMENT: The Court has reviewed the attached itemized statement,which the parties have reviewed and the Special Master has approved, and finds it regularand reasonable. The statement may be processed for payment. See ECF No. 838. (Signedby Judge Kimba M. Wood on 9/28/2017) (ras) (Entered: 09/28/2017)

10/10/2017 915 ORDER denying as moot 885 Application for the Court to Request Counsel. This Orderconcerns Agnes Z. Santos's "Application for the Court to Request Pro Bono SelfRepresentation." (ECF No. 885.) On April 12, 2017, Ms. Santos was dismissed from theclass. (ECF No. 871.) On May 31, 2017, Ms. Santos objected to her dismissal from theclass. (ECF No. 881.) On June 2, 2017, Ms. Santos filed the Application at issue here. OnJune 29, 2017, the Court affirmed its decision to dismiss Ms. Santos from the class. (ECFNo. 892.) Because Ms. Santos has been dismissed from this case, her Application isDENIED as moot. The Clerk of Court is directed to terminate the motion at ECF No. 885.(Signed by Judge Kimba M. Wood on 10/10/2017) (ras) (Entered: 10/10/2017)

10/10/2017 916 LETTER addressed to Judge Kimba M. Wood from William S.J. Fraenkel dated October10, 2017 re: GCG Invoice. Document filed by Board of Education of the New York CitySchool District of the City of New York.(Fraenkel, William) (Entered: 10/10/2017)

10/11/2017 917 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated10/10/2017 re: request that Your Honor endorse the statement so that it may be processedfor payment. ENDORSEMENT: The Court has reviewed the attached itemized statement,which the parties have approved, and finds it regular and reasonable. The statement maybe processed for payment. See ECF No. 586. (Signed by Judge Kimba M. Wood on10/11/2017) (ras) (Entered: 10/11/2017)

10/11/2017 918 MEMO ENDORSEMENT on re: 916 Letter filed by Board of Education of the New YorkCity School District of the City of New York. ENDORSEMENT: The Court has reviewedthe attached itemized statement, which has been approved by the parties, and finds itregular and reasonable. The statement may be processed for payment. See ECF No. 471.(Signed by Judge Kimba M. Wood on 10/11/2017) (ras) (Entered: 10/11/2017)

10/16/2017 919 ENDORSED LETTER addressed to Judge Kimba M. Wood from John S. Siffert dated10/11/2017 re: submitting enclosed bill for inspection. ENDORSEMENT: The Court hasreviewed the attached itemized statement, and finds it regular and reasonable. This
















statement may be processed for payment. See ECF No 454. (Signed by Judge Kimba M.Wood on 10/16/2017) (ras) (Entered: 10/16/2017)

10/16/2017 920 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by andbetween the parties in this action, through their undersigned counsel, as follows: Pursuantto the terms of the Court's March 31, 2015 injunction (the "Injunction"), a class memberseeking a permanent teaching position shall be deemed to be certified by the State of NewYork for the purpose of employment by Defendant if he or she can establish to the Court'ssatisfaction that: She/he satisfied the requirements for a provisional certificate in thecertificate title sought, other than passing the LAST exam, during the period the LASTwas a prerequisite for New York State certification...This Stipulation may be signed incounterparts and facsimile or e-mailed copies shall be deemed originals, and as further setforth herein. ON RECOMMENDATION OF THE SPECIAL MASTER. SO ORDERED.(Signed by Judge Kimba M. Wood on 10/16/2017) (ras) (Entered: 10/16/2017)

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