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Civil Rights: Education | New York Southern
Order
DECISION AND ORDER: MOTION FOR ADVERSE INFERENCES: For the foregoing reasons, Plaintiffs' motion for adverse inferences is GRANTED IN PART and DENIED IN PART as follows: 1. Plaintiffs' motion is DENIED with respect to proposed adverse inferences Nos. 1, 3-8, and 52. 2. With respect to proposed adverse inferences Nos. 2, 9-49, 51, 53, 57-60,Plaintiffs are GRANTED the following relief: (i) the City will be precluded from introducing any evidence not already produced; (ii) the C ity will be precluded from making any argument based on the absence of a complete data and record set; (iii) Plaintiffs are entitled to a non-rebuttable presumption that the non-produced data and records would be helpful to Plaintiffs and unhelpful to the City in the same way and to the same extent that the data and records the City did produce were helpful to Plaintiffs and unhelpful to the City. It remains Plaintiffs' burden, however, to show that the data and records that the City did produce were helpful to Plaintiffs and unhelpful to the City. 3. Proposed adverse inference No. 42 shall be deemed an admission by the City. 4. With respect to proposed adverse inference No. 50, Plaintiffs are granted an adverse inference that from May 30, 2010, through the present, there were at least 40 members of the Autism Services Class who are Section 504 eligible. To the extent not discussed above, the Court has considered the parties' arguments and found them to be either moot or without merit. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 507. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/30/2026) (mml) Modified on 6/30/2026 (mml).
Dismiss
FIRST MOTION to Dismiss the Complaint. Document filed by New York State Education Department, Office of State Review, Betty A. Rosa. (Attachments: # 1 Supplement Memorandum of Law in Support).(McCullough-Sanden, Elizabeth)
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