NYC Law Dept Update - Bronx Household by CelesteKatz


									                                               TnE CIw oF NEW Yonx
MICHAEL A. CARDOZO                             Lnw DnpnRTMENT                                      JONATHAN PINBS
Corporation Counsel                              IOOCHURCH STREET                                  Phone: 2 I 2-788-0933
                                                 NEW YORK, NY IOOOT                                  Fax 2l.2-788-0940
                                                                                                   (correspondence only)
                                                                                                 Mobile: 917-370-3015
                                                                                             Email :

                                                                      February 14,2012

          By Fax: 212-805-7941

          Honorable Loretta A. Preska
          Chief United States District Judge
          Daniel Patrick Moynihan
           United States Courthouse
          500 Pearl Street
          New York, New York 10007

                         Re     Bronx Household of Faith v. Bd. Of Educ. of the City of New York
                                01 cv 08s98 (LAP)

          Dear Judge Preska:

                         Your Honor asked that the parties attempt to work out a possible agreement
          regarding the events of the coming weekend, and report back to the Court by tomorrow, I write
          to apprise the Court that defendants are not amenable to an agreement that would further delay
          the implementation of Chancellor's Regulation D-180. I have spoken to plaintiffs' counsel,
          Jordan Lorence, and informed him of the DOE's decision.

                       While defendants appreciate the burden this imposes upon the Court, defendants
          also note that (l)
                           the Circuit's decision issued last June; (2) its mandate issued more than two
          months ago; (3) Hosanna-Taóor issued a month ago; and plaintiffs filed their motion on
          February 3,2012. The hardship is one entirely of plaintiffs' making.

                        I also note, in connection with plaintiffs' self-created emergency, that the
          Department accorded plaintifß prior "adjournments" of enforcement of the policy. The first,
          from December 8, 201I, when the Mandate issued permitting its enforcement, thru January l,
          2012; and then, again at plaintiffs' request, a further extension through February l3th.
                Mçreover, the hardship is not borne by the Court alone: The Department of
Education has applications pertaining to the coming weekend - indeed, one event scheduled for
this Friday - that are awaiting responses that would have started going out today, but that were
held in abeyance as a result of today's proceedings.

               Because the Department cannot afford to hold preparations for these events in
abeyance even until tomorrow, and because we want to give Your Honor notice as promptly as
possible, defendants are submitting this letter this afternoon.

              Thank you for your consideration of this matter.

                                                           Very truly

                                                                     Corporation Counsel

Copy by fax to:

Jordan Lorence
Allliance Defense Fund
Attorney for Plaintiffs


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