Since our last Legal Brief, the court has entered two Show Cause orders directed at the plaintiffs’ counsel.
The first ordered the plaintiffs’ counsel to show legal authority for the court to exercise jurisdiction over school districts located in states outside of New York. It also ordered the plaintiffs’ counsel to provide legal authority for the court to exercise jurisdiction over New York school districts located outside of the Southern District of New York.
In the second Show Cause order, the court received 3 letters from attorneys, including from attorneys representing two Texas districts notifying the court of instances where plaintiffs’ attorneys filed due process hearings without the knowledge of the parents allegedly represented in the case. In all cases, the parents affirmatively stated they had not retained the firm to pursue due process hearings and did not wish to do so. In a fairly
scathing order, the court ordered the plaintiffs’ counsel by September 18 to provide: (1) a list of all impartial due process hearings that he has commenced on behalf of any putative member of the plaintiff class in any state beginning on June 1, 2020, and continuing through the date of this order, together with (2) a copy of the retainer letter by which counsel was specifically authorized to commence said impartial due process hearing.
Additionally, the court, on its own, entered an order temporarily restraining and enjoining plaintiffs’ counsel from commencing any impartial due process hearing on behalf of any member of the putative plaintiff class in any jurisdiction unless the parents/guardian(s) of said child have, prior to the commencement of any such proceeding, signed a retainer letter that complies with the legal requirements of New York or any other state in which he is licensed to
practice law.
Finally, the court notified plaintiffs’ counsel the court was referring the matter to the Grievance Committee of the Southern District of New York, and/or to the Disciplinary Committee of any Department in which he is admitted to practice in the State of New York.
We are continuing to closely monitor this class action and will advise what actions individual school districts should take as more information becomes available. Should you have a due process hearing initiated by the Brain Injury Rights Group against your school district, you should notify Sara Leon & Associates or your school district attorney so that appropriate notification to the court can be initiated.
