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Civil Rights: Education | New York Southern
Order on Motion for Settlement
ORDER OF COMPROMISE granting 65 Motion for Settlement. AND it appearing, after due inquiry, that the amounts sought for attorneys' fees and other disbursements are reasonable and proper; The Court makes so specific finding as to the hourly rates or hours spent, but finds the overall fee appropriate in this contingency case. AND upon all of the papers, pleadings, and proceedings in this action, NOW, upon the motion of Plaintiff Kristen Ortiz, IT IS HEREBY ORDERED pursuant to Local Civil Rule 83.2(a), that Plaintiff Kristen Ortiz is authorized and empowered to enter into a settlement of this action on behalf of M.O.; and IT IS FURTHER ORDERED that: 1. The terms of the Settlement Agreement, Exhibit 1 to the Declaration of David A. Lebowitz, are approved; 2. Within 30 days of the issuance of this Order, Defendants shall pay $450,000.00 in full settlement of the claims raised against them in this action, to be paid by check payable to "Kaufman Lieb Lebowitz & Frick LLP, as attorneys"; 3. Upon receipt of the funds, KLLF shall deposit the gross settlement sum into an IOLTA account, to be held in escrow pending disbursement of the funds as set forth herein; KLLF shall within 30 days of the receipt of the gross settlement funds, distribute the gross settlement funds as follows: a. $154,537.99 to Kaufman Lieb Lebowitz & Frick LLP for attorneys' fees and costs; b. $2,765.75 to Victoria Sanjuan, d/b/a Special Education Solutions of the Hudson Valley, as payment for special education advocacy services rendered for the benefit of M.O.; c. $5,000.00 to Nicholas M. Nudo III, Esq., as payment for professional services rendered in connection with the establishment of a supplemental needs trust established for M.O.'s benefit; and d. $287,696.26 (the "Net Settlement Proceeds") to the supplemental needs trust established for M.O.'s benefit; 5. The trust instrument submitted as Exhibit B to the Declaration of Kristen Ortiz is approved as to form and substance, and the Net Settlement Proceeds shall be used and further disbursed in accordance with the terms thereof. The Clerk shall terminate ECF NO. 65 and close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 9/11/2026) (mml)
Civil Rights: Other | New York Southern
Order
ORDER: Joshua Gumora submitted a letter to the Court received on June 25, 2026, claiming that he was denied a payment as part of the settlement class in this case. See ECF No. 291. Class counsel responded to that letter on July 14, 2026, explaining why Mr. Gumora was not entitled to participate in the claim settlement (ECF No. 292), and there was no response to that letter. For the reasons explained in the class counsel's letter, Mr. Gumora is not entitled to payment from the claim settlement. The Court is emailing a copy of this Order to Mr. Gumora at GumoraAgain120@proton.me. SO ORDERED. (Signed by Judge John G. Koeltl on 9/11/2026) (ks) Transmission to Office of the Clerk of Court for processing.
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