Opinion
22-cv-9861 (LGS)
11-23-2022
A.H., by and through his mother and next friends, AH., and J.H., individually. Plaintiffs, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Defendant.
[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION
LORINA G. SCHOFIELD, UNITED STATES DISTRICT JUDGE
THIS MATTER comes before the Court on Plaintiffs' motion for a preliminary injunction. The Court finds that Plaintiffs have met the requirements for a mandatory for the reasons stated on the record at the hearing held on November 23, 2022. injunction. Accordingly, the Court GRANTS Plaintiffs' motion as follows:
Upon finding that Plaintiffs have earned their burden of showing (a) a strong showing of the possibility of a clear or substantial likelihood irreparable harm, (b) a likelihood of success on the merits and (c) that an injunction is in the public interest, this Preliminary Injunction is granted pursuant to Federal Rule of Civil Procedure 65, 20 U.S.C. § 1415(i)(2)(C)(iii), and the inherent equitable powers of the Court.
ORDERED that The Defendant New York City Department of Education shall fund the placement at Youth Care from this date through December 31, 2022 at the rate of $625/day;
ORDERED that the requirement under Rule 65(c) that a bond be posted is waived. Defendant did not argue that a bond is required because of any risk of harm if wrongfully enjoined, and the cost of YouthCare is less than the prior placement.
ORDERED that a status conference will be held on December 16, 2022 at 10:30 a.m. to determine whether it is necessary to continue the preliminary injunction beyond December 31, The status conference will be held by telephone on the conference line at 888-363-4749 2022. using access code 558-3333.
So Ordered.