Case: Velazquez v. Legal Services Corp

1:97-cv-00182 | U.S. District Court for the Eastern District of New York

Filed Date: Jan. 14, 1997

Closed Date: July 23, 2013

Clearinghouse coding complete

Case Summary

Plaintiff lawyers, indigent clients, and grantees filed suit in the U.S. District Court for the Eastern District of New York, alleging that government restrictions on the activities of organizations who accepted federal funds distributed by the Legal Services Corporation ("LSC") were unconstitutional. LSC was a federally-chartered nonprofit corporation created and funded by Congress to distribute federal funds to local legal assistance programs that provided basic legal services for the indige…

Plaintiff lawyers, indigent clients, and grantees filed suit in the U.S. District Court for the Eastern District of New York, alleging that government restrictions on the activities of organizations who accepted federal funds distributed by the Legal Services Corporation ("LSC") were unconstitutional.

LSC was a federally-chartered nonprofit corporation created and funded by Congress to distribute federal funds to local legal assistance programs that provided basic legal services for the indigent. 42 U.S.C. § 2996b (a); see Legal Services Corporation Act of 1974. To ensure that federal funds were not diverted by recipients toward activities that Congress specifically desired not to subsidize, Congress placed certain restrictions on the funds. For instance, the LSC Act prohibited the use of funds for litigation concerning nontherapeutic abortions, political activity, criminal proceedings, secondary school desegregation, military desertion, or violations of the Selective Service statute. Additional restrictions were put in place by § 504 of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (1996 Act). Among the additional restrictions, the 1996 Act prohibited representation of certain aliens and litigating challenges to existing welfare law. The Act also forbade LSC recipients from using non-LSC funds for prohibited activity, although such activity by an affiliate not under the control of the recipient was allowed. The LCS issued regulations which interpreted and implemented the restrictions set out in the 1996 Act. See e.g., LSC's program integrity regulation, 45 C.F.R. § 1610.8.

Plaintiffs challenged the LCS' program integrity regulation and the 1996 Act's restrictions relating to a recipient's lobbying and welfare reform activities as violating the First Amendment.

The District Court (Judge Frederic Block) denied plaintiffs' motion for a preliminary injunction. Velazquez v. Legal Services Corp., 985 F.Supp. 323 (E.D.N.Y. 1997). Plaintiffs appealed. The Second Circuit Court of Appeals (Circuit Judge Leval) reversed the denial of the preliminary injunction solely with respect to the restriction on challenging the constitutionality of existing welfare laws. In all other respects, the Court of Appeals affirmed. Velazquez v. Legal Servs. Corp., 164 F.3d 757 (2d Cir. 1999). Certiorari was granted in part. Legal Servs. Corp. v. Velazquez, 529 U.S. 1052 (2000).

The Supreme Court (Justice Kennedy) affirmed the Second Circuit, holding that the restriction which prohibited recipients of LSC funds from engaging in litigation to challenge the validity of existing welfare laws violated the First Amendment. The Court reasoned that the government could not design a subsidy to effect such a "serious and fundamental restriction on advocacy of attorneys and the functioning of the judiciary." Legal Servs. Corp. v. Velazquez, 531 U.S. 533 (2001). The Supreme Court declined to review the rest of the Second Circuit opinion. Legal Servs. Corp. v. Velazquez, 532 U.S. 903 (2001).

On remand to the District Court, plaintiffs sought a preliminary injunction against defendant LSC to prevent enforcement of portions of LSC's program integrity regulation, 45 C.F.R. § 1610.8, and § 504 of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (1996 Act). In support of their request for injunctive relief, plaintiffs made the following challenges: (1) an "as-applied" challenge to the program integrity regulation under the First Amendment; (2) a facial challenge to the regulation and the 1996 Act on the grounds that they violated "fundamental principles of federalism" under the Tenth Amendment; and (3) a facial challenge under the First Amendment to the 1996 Act's restrictions on class action litigation, attorneys' fees, and soliciting clients.

The District Court granted partial injunctive relief as to the as-applied challenge to the program integrity regulation on First Amendment grounds. The District Court reasoned that the regulation created an undue burden on plaintiffs' right under the First Amendment to use non-federal funds to engage in constitutionally protected activity. Velazquez v. Legal Servs. Corp., 356 F. Supp. 2d 267 (E.D.N.Y. 2005); Velazquez v. Legal Servs. Corp., 349 F. Supp. 2d 566 (E.D.N.Y. 2004). The parties appealed.

On September 8, 2006, the Second Circuit vacated the grant of the partial preliminary injunction and remanded for further proceedings. It also ordered the District Court to dismiss Plaintiffs' Tenth Amendment claims due to lack of standing. Servs. Corp. v. Legal Servs. Corp., 462 F.3d 219 (2d Cir. 2006). Certiorari was denied. Legal Servs. for N.Y.C. v. Legal Servs. Corp., 128 S. Ct. 44 (2007).

A status conference was held on September 24, 2008 to discuss how the remainder of the litigation would proceed. The Court denied plaintiffs' motion for a preliminary injunction on its remaining claims, and suggested that it hold an evidentiary hearing to adjudicate the remaining issues in the case.

On May 6, 2009, the parties stipulated to adjourn all proceedings, as the plaintiffs believed that Congress would enact that year new acts and statutes amending or repealing some or all of the challenged acts or statutes. The case remained adjourned until July 23, 2013, when the parties stipulated to voluntary dismissal of the case.

Summary Authors

Dan Dalton (1/4/2008)

Dan Whitman (11/16/2014)

People


Judge(s)

Block, Frederic (New York)

Breyer, Stephen Gerald (District of Columbia)

Cardamone, Richard J. (New York)

Gibson, John R. (Missouri)

Ginsburg, Ruth Bader (District of Columbia)

Jacobs, Dennis G. (New York)

Kennedy, Henry Harold Jr. (District of Columbia)

Leval, Pierre Nelson (New York)

McLaughlin, Joseph Michael (New York)

O'Connor, Sandra Day (District of Columbia)

Judge(s)

Block, Frederic (New York)

Breyer, Stephen Gerald (District of Columbia)

Cardamone, Richard J. (New York)

Gibson, John R. (Missouri)

Ginsburg, Ruth Bader (District of Columbia)

Jacobs, Dennis G. (New York)

Kennedy, Henry Harold Jr. (District of Columbia)

Leval, Pierre Nelson (New York)

McLaughlin, Joseph Michael (New York)

O'Connor, Sandra Day (District of Columbia)

Parker, Barrington Daniels Jr. (New York)

Rehnquist, William Hubbs (District of Columbia)

Scalia, Antonin (District of Columbia)

Souter, David Hackett (District of Columbia)

Stevens, John Paul (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Abel, Laura K. (New Jersey)

Bahler, Michael F. (New York)

Diller, Rebekah (New York)

Drayton, Joseph M. (New York)

Fishbein, Peter M. (New York)

Goldberg, Deborah A. (New York)

Kneedler, Edwin S. (District of Columbia)

Llewellyn, Paul C. (New York)

Neuborne, Burt (New York)

Popolow, Jonathan A. (New York)

Rosenkranz, E. Joshua (New York)

Rothman, Alan E. (New York)

Scholer, Kaye (District of Columbia)

Siegel, Craig (New York)

Tirschwell, Eric Anders (New York)

Udell, David S. (New York)

Attorneys(s) for Defendant

Ascher, Stephen L. (New York)

Hersh, Allison Joy (New York)

Kane, Rachel (New York)

Levine, Alan (New York)

Licten, Rachel Gordon (New York)

Nacinovich, Anne (New York)

Sims, Charles S. (New York)

Weider, Stephen A. (New York)

Won, Karen K. (New York)

Other Attorney(s)

Brown, Jason (New York)

Carter, Zachary W. (New York)

Collette, Matthew M. (District of Columbia)

Duffy, James J. (New York)

Hafetz, Jonathan L. (New York)

Herwig, Barbara L. (District of Columbia)

Hunger, Frank W. (District of Columbia)

Johnston, Richard A. (Massachusetts)

Kendall, George H. (New York)

Kirschner, William R. (District of Columbia)

Lepley, Richard G (District of Columbia)

Liss, James D. (New York)

Lobue, Joseph W. (District of Columbia)

Lustberg, Lawrence S. (New Jersey)

Markowitz, Jeffrey S. (District of Columbia)

Mauskopf, Roslynn Renee (New York)

Nash, Rachel (New York)

Preston, Stephen W. (District of Columbia)

Quarles, James L. III (District of Columbia)

Tyler, John Russell (District of Columbia)

Wilson, Elizabeth A. (District of Columbia)

Windels, James H.R. (New York)

Womack, Eric R. (District of Columbia)

Documents in the Clearinghouse

Document

Docket (PACER)

Dobbins v. Legal Services Corp

July 23, 2013 Docket

Docket (PACER)

Velazquez v. Legal Services Corp,

July 23, 2013 Docket
34

Memorandum & Order

Velazquez v. Legal Services Corp.

985 F.Supp. 323

Dec. 22, 1997 Order/Opinion

USCA Opinion

Velazquez v. Legal Services Corporation

U. S. Court of Appeals for the Second Circuit

164 F.3d 757

Jan. 7, 1999 Order/Opinion

Opinion

Velazquez v. Legal Services Corporation

U. S. Court of Appeals for the Second Circuit

1999 U.S.App.LEXIS 15566

July 2, 1999 Order/Opinion

Order Granting Petition for Writ of Certiorari

Legal Services Corporation v. Velazquez

Supreme Court of the United States

529 U.S. 1052

April 3, 2000 Order/Opinion

Supreme Court Order

Legal Services Corporation v. Velazquez

Supreme Court of the United States

530 U.S. 1295, 121 S.Ct. 14, 147 L.Ed.2d 1038

Aug. 28, 2000 Order/Opinion

Supreme Court Decision

Legal Services Corporation v. Velazquez; United States v. Velazquez

Supreme Court of the United States

521 U.S. 533, 121 S.Ct. 1043, 149 L.Ed.2d 63

Feb. 28, 2001 Order/Opinion

Order Denying Petition for Writ of Certiorari

Velazquez v. Legal Services Corporation

Supreme Court of the United States

532 U.S. 903

March 5, 2001 Order/Opinion

Memorandum & Order

Velazquez v. Legal Services Corporation

349 F.Supp.2d 566

Dec. 20, 2004 Order/Opinion

Resources

Title Description External URL

Legal Services Corporation v. Velazquez

Oyez

The Legal Services Corporation Act authorizes the Legal Services Corporation (LSC) to distribute funds, appropriated by Congress, to local grantee organizations, which provide free legal assistance t… Feb. 28, 2001 https://www.oyez.org/cases/2000/99-603

The Oyez Project, Legal Services Corp. v. Velazquez, 531 U.S. 533 (2001).

Oyez Project

Information about the Supreme Court litigation in this case, including audio recordings of the oral argument and opinion announcement, and the docket and written opinion. Feb. 28, 2001 http://www.oyez.org/cases/2000-2009/2000/2000_99_603/

Legal Services Corp. v. Velazquez (2001)

Helen J. Knowles

The Supreme Court established limits on the government speech doctrine in Legal Services Corp. v. Velazquez, 531 U.S. 533 (2001). <br /> <br />The Court ruled that a provision — the Omnibus Consolida… https://www.mtsu.edu/first-amendment/article/313/legal-services-corp-v-velazquez

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed and summons(es) issued for Legal Services Corp, Legal Services for FILING FEE $ 150.00 RECEIPT # 190973 (Chow, Alice) (Entered: 01/17/1997)

Jan. 14, 1997
2

RETURN OF SERVICE executed as to Legal Services Corp, Legal Services for NY on 1/15/97. Answer due on 2/4/97 for Legal Services for NY , for Legal Services Corp. (Greves, Liz) (Entered: 01/23/1997)

Jan. 21, 1997
3

Pltffs' Amended Disclosure of interested parties. (Greves, Liz) (Entered: 01/29/1997)

Jan. 27, 1997
4

Pltffs' AMENDED COMPLAINT, (Answer due 2/6/97 for Legal Services for New York City, for Legal Services Corp. ) amending [1−1] complaint (Romano, Dan) (Entered: 01/30/1997)

Jan. 27, 1997

AMENDED SUMMONS(ES) issued for Legal Services Corp, Legal Services for New York, Inc. (Romano, Dan) (Entered: 02/04/1997)

Jan. 27, 1997
5

ORDER dated 1/29/97 that a status conference will be held at 4PM on 3/7/97 before Magistrate John L. Caden. (signed by Magistrate John L. Caden). (Greves, Liz) (Entered: 01/30/1997)

Jan. 30, 1997
8

AFFIDAVIT OF SERVICE by Genevieve Lengard Re: [4−1] amended complaint, amended disclosure of interested parties upon Legal Services for New York City on 1/28/97. (Piper, Francine) (Entered: 03/12/1997)

Feb. 12, 1997
6

NOTICE of attorney appearance for Legal Services Corp by Alan Levine. (Asreen, Wendy) (Entered: 02/21/1997)

Feb. 18, 1997
9

Calendar entry: Before Judge Block on 2/19/97 case called; counsel for all sides present. Status conferenc held by phone. Preliminary injunction hearing set for 2:00 3/24/97 before Judge Frederic Block . All papers must be filed with the Court by 3/14/97. (Romano, Dan) (Entered: 03/17/1997)

Feb. 19, 1997
7

STIPULATION of dismissal dated among plaintiffs and Legal Services for New York City. (Asreen, Wendy) (Entered: 02/21/1997)

Feb. 21, 1997
10

LETTER dated 3/14/97 from Kaye, Scholer, Fireman, Hays &Handler to Alan Levine, Services of Class Certification and Preliminary Injunction. (Romano, Dan) (Entered: 03/18/1997)

March 14, 1997
24

USA's Notice of UNOPPOSED MOTION to intervene. (Greves, Liz) (Entered: 04/16/1997)

March 14, 1997
25

MEMORANDUM by USA in support of [24−1] motion to intervene. (Greves, Liz) (Entered: 04/16/1997)

March 16, 1997
11

ANSWER to Complaint by Legal Services Corp. (Greves, Liz) (Entered: 03/20/1997)

March 20, 1997
13

Pltffs' MOTION for class certification &a preliminary injunction. Motion hearing 3/24/97 at 10AM. (Greves, Liz) (Entered: 03/26/1997)

March 21, 1997
14

Declarations &Affidavits in support of pltffs' motion for class certification &preliminary injunction. (Declarations &Affidavits A thru M annexed). (Greves, Liz) (Entered: 03/26/1997)

March 21, 1997
15

Pltffs' Memo of Law in support of pltffs' motion for a preliminary injunction. (Greves, Liz) (Entered: 03/26/1997)

March 21, 1997
16

Pltffs' Supplemental Memo of Law in support of their motion for a preliminary injunction. (Greves, Liz) (Entered: 03/26/1997)

March 21, 1997
18

MEMORANDUM by Legal Services Corp in opposition to pltffs' [13−1] motion for class certification &a preliminary injunction. (Greves, Liz) (Entered: 03/26/1997)

March 21, 1997
19

Declarations in support of defts' opposition to pltffs' motion for a preliminary injunction. (Declaratins A &B &Exhbitis 2, 3, 4, &5 annexed). (Greves, Liz) (Entered: 03/26/1997)

March 21, 1997
20

Pltffs' REPLY MEMORANDUM OF LAW re: [13−1] motion for class certification &a preliminary injunction. (Greves, Liz) (Entered: 03/26/1997)

March 21, 1997
21

MEMORANDUM by Legal Services Corp in opposition to [13−1] motion for preliminary injunction. (Greves, Liz) (Entered: 03/26/1997)

March 21, 1997
23

ORDER, dated 3/26/97 granting pltff permission to file Reply Memorandum which is five pages longer than the Court's ten page limit. ( signed by Judge Frederic Block ). (Gonzalez, Mary) (Entered: 04/04/1997)

March 21, 1997
26

OPPOSITION of Intervenor−deft USA to pltffs' [13−1] motion for a preliminary injunction. (Greves, Liz) (Entered: 04/16/1997)

March 21, 1997
12

Calendar entry before Mag. Caden dated March 24, 1997. All counsel has advised the Mag. Judge nothing by way of discovery is presently contemplated if a Rule 16(b) conf is required, counsel will so advise the Mag. Judge. (Joseph, Derek) (Entered: 03/25/1997)

March 24, 1997
22

TRANSCRIPT of hearing before Judge Block filed for dates of 3/24/97. ESR Operator R. Eppenstein. (Greves, Liz) (Entered: 03/27/1997)

March 26, 1997
27

LETTER dated 3/31/97 from Alan Levine to Judge Block, submitting this letter to request that the Court consider the following in connection with pltffs' motion for a preliminary injunction. (Romano, Dan) (Entered: 04/22/1997)

April 22, 1997
28

LETTER dated 5/22/97 from Alan Levine to Judge Block, advising the Court that, since oral argument in this matter LSC has made material changes to its regulations concerning "interrelated organizations", and "program integrity". (Romano, Dan) (Entered: 06/17/1997)

June 17, 1997
29

LETTER dated 5/29/97 from Jeffrey Markowitz to Judge Block, responding to the letter sent to the Court by Alan Levine, on behalf of deft LSC regarding promulgated regulations. (Romano, Dan) (Entered: 06/18/1997)

June 18, 1997
32

LETTER dated 5/27/97 from E. Joshua Rosekranz to Judge Block, requesting that the Court should enjoin the restrictions on the use of non−LSC funds. (Romano, Dan) (Entered: 07/30/1997)

July 30, 1997
33

LETTER dated 9/22/97 from Peter M. Fishbein to Judge Block re: plaintiffs' motion for a preliminary injunction. Final new regulations have been approved and a proposed plan for creating an affiliate entity has been concretely rejected by LSC pursuant to 45:1610. (Guzzi, Roseann) (Entered: 11/13/1997)

Nov. 13, 1997
34

MEMORANDUM AND ORDER denying plaintiffs' [13−1] motion for preliminary injunctive relief, as plaintiffs have failed to establish a probability of success on the merits of their facial constitutional challenge. Signed by Judge Frederic Block on 12/22/97. c/m (Asreen, Wendy) (Entered: 12/31/1997)

Dec. 31, 1997
35

NOTICE OF APPEAL by Carmen Velazquez, WEP Workers Together, Community Service, New York City Co, Centro Independiente, Greater N.Y. Labor−, Farmworkers Legal, Lucy A. Billings, Peggy Earisman, Olive Karen Stamm, Jeanette Zelhof, Elisabeth Benjamin, Jill Ann Boskey, Lauren Shapiro, C. Virginia Fields, Guillermo Linares, Stanley Michels, Adam Clayton Powell IV, Lawrence Seabrook, Scott M. Stringer Fee Paid $ 105.00 Receipt # 202707 Notice of Appeal and certified copy of docket sent appealing [34−1] order. NOA served by the Clerk. Judge notified. C of A notified. (Gonzalez, Mary) (Entered: 01/13/1998)

Jan. 12, 1998
36

Calendar entry: Before Judge Block−Case called, all counsel present and conference held. Discovery rulings made on the record. Plaintiffs appeal is pending in the Second Circuit. Galeano, Sonia (Entered: 01/22/1998)

Jan. 16, 1998

Document #30 and #31 were letters that did not belong to this case. Deleted. Those documents cannot be found at this time, if and when found they need to be docketed in the correct case which is case #95cv3403. (Guzzi, Roseann) (Entered: 02/05/1998)

Feb. 5, 1998
37

LETTER dated 6/5/97 from Peter M. Fishbein to Judge Block that Jeffrey S. Markowitz' letter of 5/29/97 misses the point of plaintiffs' objections to LSC's latest version of its regulations in such a way as to illuminate the unconstitutionality of taking the Title X regulations approved in Rust and applying them willy nilly in the context of legal services. (Guzzi, Roseann) (Entered: 02/05/1998)

Feb. 5, 1998
38

ORDER dated 1/20/98 that defendant is ordered to provide plaintiffs with information regarding those applications for funding that have been submitted since issuance of its "final regulations" on 5/21/97, said information to include the name and address of all applicants, the date of the application, the nature of the application, the action taken by the defendant in respect thereto, and any stated reasons for the denial of any such applications. Defendant shall provide plaintiffs' counsel with access to such document for inspection and copying, at plaintiffs' own expense. All other discovery shall be stayed pending a decision from the Court of Appeals for the Second Circuit from this Court's denial of plaintiff's motin for a preliminary injunction. C/M ( signed by Judge Frederic Block ) (Guzzi, Roseann) (Entered: 02/06/1998)

Feb. 6, 1998
39

(copy) LETTER dated 9/25/97 from Jeffrey Markowitz, Esq., to Judge Block, stating that nothing in the 9/22/97 letter of Peter M. Fishbein affects or alters the inquiry before the Court. (Asreen, Wendy) (Entered: 02/11/1998)

Feb. 11, 1998
40

(copy) LETTER dated 9/26/97 from Alan Levine, attorney for Legal Service Corp., to Judge Block, stating that no plaintiff has attempted to comply with the program integrity regulations and therefore the court should deny their request for a preliminary injunction. (Asreen, Wendy) (Entered: 02/11/1998)

Feb. 11, 1998

Certified and transmitted (INDEX) record on appeal to U.S. Court of Appeals: [35−1] appeal . Acknowledgment requested. (Gonzalez, Mary) (Entered: 02/12/1998)

Feb. 12, 1998
41

Acknowledgment from USCA received re: [35−1] appeal. Acknowledgment signed by DMS on 2/17/98. (McGee, Maryann) (Entered: 02/20/1998)

Feb. 20, 1998
42

LETTER dated 01.23.98 from Stephen L. Ascher to Judge Block requesting clarification of Your Honor's Order concerning discovery in this matter. Galeano, Sonia (Entered: 08/24/1998)

Aug. 24, 1998
43

MANDATE OF USCA (certified copy) Re: [35−1] appeal. Ordered, Adjudged and Decreed that the Order of the District Court is Affirmed in part and reversed in part in accordance with the opinion of this Court. Issued as Mandate 8/25/99. Acknowledgment returned to USCA. Judge notified. USCA#98−6006. (McGee, Maryann) (Entered: 09/02/1999)

Sept. 2, 1999

CASE NO LONGER REFERRED TO Magistrate John L. Caden (Chow, Alice) (Entered: 06/15/2000)

June 13, 2000

CASE REFERRED to Magistrate Viktor V. Pohorelsky (Chow, Alice) (Entered: 06/15/2000)

June 13, 2000
44

(FAX)LETTER dated 7/10/00 from Denise H. McNery to U.S. Court of Appeals requesting that the record be transmitted to the Supreme Court of the United States. Supreme Court #99−603 and #99−960. USCA#98−6006. Please note: although this letter is dated 7/10/00, it was not received by the District Court until 8/28/00 via fax from Fred Nunnery − USCA. (McGee, Maryann) (Entered: 08/29/2000)

Aug. 29, 2000

Certified and transmitted record on appeal to Supreme Court for the United States − Office of the Clerk. The following documents were forwarded: 1−3, 5−10, 12,14,19,35,36,38,39,40. The remainder of the file is missing at this time. Record was requested by Denise McNerney (see document #44). It is being sent to her attention. Supreme Court docket #99−603 and 99−960. Acknowledgment requested. (McGee, Maryann) (Entered: 08/29/2000)

Aug. 29, 2000

Record forwarded to Supreme Court of the United States via Federal Express. Federal Express Tracking #809824547710. (McGee, Maryann) (Entered: 08/29/2000)

Aug. 29, 2000

Transmitted first supplemental record on appeal. The following documents were forwarded to the Supreme Court − Washington D.C #22, 24, 26, 25, 32, 33, 43 and 44. This package is being sent via Federal Express to the attention of Denise J. McNerney (Merits Cases). Tracking #814414125528 (McGee, Maryann) (Entered: 08/30/2000)

Aug. 30, 2000
48

LETTER dated 6/6/01 from William R. Kirschner to Robert C. Heinemann, enclosing copies of the notice of appearance of William R. Kirschner. "Attachment" (Sica, Michele) (Entered: 06/20/2001)

June 7, 2001
50

NOTICE of attorney appearance for usa by William R. Kirschner (Sica, Michele) (Entered: 06/25/2001)

June 7, 2001
45

LETTER dated 5/8/0 from Burt Neuborne to Judge Block on behalf of plaitiff requesting a status conference. (Guzzi, Roseann) (Entered: 06/15/2001)

June 15, 2001
46

LETTER dated 5/18/01 from Alan Levine to Judge Block on behalf of Legal Services Corporation in response to plaintiff's request for status conference. (Guzzi, Roseann) (Entered: 06/15/2001)

June 15, 2001
49

LETTER dated 6/4/01 from Charles S. Sims to Michael J. Innelli, requesting the court advise whether or not Legal Services of New York need appear at the status conference set for 6/20/01. (Sica, Michele) (Entered: 06/21/2001)

June 15, 2001
51

LETTER dated 6/12/01 from David S. Udell to Judge Block, confirming the adjournment of the status conf. from 6/20/01 to 6/26/01 at 5:00. (DiLorenzo, Krista) (Entered: 06/26/2001)

June 26, 2001
52

Calendar entry: Before Judge Block − Status conf. held. All counsel present; counsel will submit briefs with respect to discovery and the standing issue of the parties. (DiLorenzo, Krista) (Entered: 06/27/2001)

June 26, 2001
53

LETTER dated 8/10/01 from Burt Neuborne to Alan and Will, written to ask if the Legal Services Corporation has given additional thought to the possibility, suggested by Alan at the recent status conference, that there may be some opportunity to settle this case. (Dobkin, David) (Entered: 08/14/2001)

Aug. 14, 2001
54

LETTER dated 8/10/01 from Burt Neuborne to Alan Levine and Will Kirschner, inquiring whether the Legal Servicves Corp. has given additional thought to the possibility suggested at the recent status conference. (Dobkin, David) (Entered: 10/17/2001)

Oct. 17, 2001
55

LETTER dated 10/11/01 from David Udell to Stephen Wieder and Will Kirschner, written to cnfirm that he is planning to serve plaintiffs' papers on 10/26/01. (Dobkin, David) (Entered: 10/17/2001)

Oct. 17, 2001
56

LETTER dated 10/26/01 from David Udell to Stephen Wieder and Will Kirshner confirming that plaintiff's papers will be served on 11/9/01. (Rodriguez,Angela) (Entered: 10/31/2001)

Oct. 30, 2001
57

LETTER dated 11/8/01 from David Udell to Stephen Wieder and Will Kirschner, confirming 11/16/01 as the proposed date for submission of plaintiffs' papers. (Dobkin, David) (Entered: 11/14/2001)

Nov. 14, 2001
58

LETTER dated 11/16/01 from David Udell to Stephen Wieder and Will Kirschner, advising that plaintiffs' now plan to serve their papers on 11/20/01. (Dobkin, David) (Entered: 11/20/2001)

Nov. 20, 2001
59

LETTER dated 11/30/01 from David Udell to Stephen Wieder and Will Kirschner, written to advise that plaintiffs now plan to serve their papers on 12/14/01. (Dobkin, David) (Entered: 12/06/2001)

Dec. 6, 2001
62

MOTION by plt's for consolidation and a preliminary injunction . W/attached a−n. Forwarded to Chambers. (Noh, Kenneth) (Entered: 03/06/2002)

Dec. 14, 2001
63

MEMORANDUM by plt's in support of [62−1] motion to consolidate Velazquez v. Legal Services Corporation and Dobbins v. Legal Services Corporation. Forwarded to Chambers. (Noh, Kenneth) (Entered: 03/06/2002)

Dec. 14, 2001
64

MEMORANDUM of law in support of plt's [62−2] motion for a preliminary injunction. Forwarded to Chambers. (Noh, Kenneth) (Entered: 03/06/2002)

Dec. 14, 2001
65

LETTER dated 12.14.1 from Burt Neuborne to USDJ Block re: status. (Noh, Kenneth) (Entered: 03/06/2002)

Dec. 14, 2001
60

LETTER dated 1/7/02 from Stephen Wieder to Judge Block, stating that parties have agreed that responses to plaintiffs' motion for a preliminary injunction and to consolidate, and to the complaint in the Dobbins action, will be served by 1/22/02. (Dobkin, David) (Entered: 01/08/2002)

Jan. 8, 2002
61

LETTER dated 2/5/02 from Stephen Wieder to Judge Block, advising the Court that the parties have agreed that responses to plaintiffs' motions for a preliminary injunction and to consolidate has been reset 4/12/02. (Dobkin, David) (Entered: 02/06/2002)

Feb. 6, 2002
66

LETTER dated 4/10/02 from Stephen Ascher to Judge Block, advisng the Court that the parties have agreed that LSC's and U.Ss' responses to plaintiff's motoin for a preliminary injunction and to consolidate is adjourned to 5/3/02. (Dobkin, David) (Entered: 04/16/2002)

April 16, 2002
67

Acknowledge recipt of this APPEAL RECORD returned from Supreme Court of Washington, DC. Office, containing documents 2−14,19,22,23,23,26,32,35,35,38−44.( Copy of this letter of Acknowledgment sent back to Supreme Court of Washington DC.) (SCWDC#99−603,960) (Drayton, Lorraine) Modified on 04/25/2002 (Entered: 04/25/2002)

April 25, 2002
68

COPY of LETTER dated 5/3/02 from Stephen Ascher to David Udell, regarding enclosure of motion to dismiss papers. w/o enclosures. (Dobkin, David) (Entered: 05/08/2002)

May 8, 2002
70

LETTER dated 5/1/02 from Stephen Ascher to Judge Block, on behalf of deft LSC requesting permission to submit a memo of law of not more than 40 pages. (Dobkin, David) (Entered: 06/13/2002)

June 13, 2002
84

MOTION for amici curiae by Council on Foundations, Inc. Independent Sector, AARP Foundation, et al , Motion hearing [84−1] motion Motion file stamped: 6/19/02 (Dobkin, David) (Entered: 08/01/2002)

July 19, 2002
85

Brief in support of [84−1] motion for amici curiae by Council on Foundations, Inc. Independent Sector, AARP Foundation, et al (Dobkin, David) (Entered: 08/01/2002)

July 19, 2002
72

AFFIDAVIT of Stephen Ascher attorney for Legal Services Corp Re: certain documents before the COurt in opposition to plaintiffs' motion for a preliminary injunction and in support of LSC's motion to dismiss the complaint. Attached exhibits A−J. (Dobkin, David) (Entered: 07/24/2002)

July 22, 2002
73

MOTION by Legal Services Corp to dismiss , Motion hearing [73−1] motion Motion file stamped: 7/22/02 and mailed/served: 5/3/02. (Dobkin, David) (Entered: 07/24/2002)

July 22, 2002
76

Declaration of Laurie Tarantowicz in opposition to plaintiffs' motion for a preliminary injunction and in support of LSC's Re: [73−1] motion to dismiss (Dobkin, David) (Entered: 07/24/2002)

July 22, 2002
77

MOTION by Scott M. Stringer, Lawrence Seabrook, Adam Clayton Powell IV, Stanley Michels, Guillermo Linares, C. Virginia Fields, Lauren Shapiro, Jill Ann Boskey, Elisabeth Benjamin, Jeanette Zelhof, Olive Karen Stamm, Peggy Earisman, Lucy A. Billings, Farmworkers Legal, Greater N.Y. Labor−, Centro Independiente, New York City Co, Community Service, Carmen Velazquez, WEP Workers Together to consolidate cases and a preliminary injunction , Motion hearing [77−1] motion Motion file stamped: 7/22/02 and mailed/served: 12/17/01. Attached exhibit A−N and 1−36. (Dobkin, David) Modified on 07/24/2002 (Entered: 07/24/2002)

July 22, 2002
78

MEMORANDUM of law by Legal Services Corp in opposition to plaintiff's [77−1] motion to consolidate cases and a preliminary injunction, and in support of its [73−1] motion to dismiss. (Dobkin, David) (Entered: 07/24/2002)

July 22, 2002
79

REPLY MEMORANDUM OF LAW by Legal Services Corp in further support of its [73−1] motion to dismiss (Dobkin, David) (Entered: 07/24/2002)

July 22, 2002
80

MEMORANDUM of law by Scott M. Stringer, Lawrence Seabrook, Adam Clayton Powell IV, Stanley Michels, Guillermo Linares, C. Virginia Fields, Lauren Shapiro, Jill Ann Boskey, Elisabeth Benjamin, Jeanette Zelhof, Olive Karen Stamm, Peggy Earisman, Lucy A. Billings, Farmworkers Legal, Greater N.Y. Labor−, Centro Independiente, New York City Co, Community Service, Carmen Velazquez, WEP Workers Together in support of its [77−1] motion to consolidate cases and a preliminary injunction (Dobkin, David) (Entered: 07/24/2002)

July 22, 2002
83

MOTION by Scott M. Stringer, Lawrence Seabrook, Adam Clayton Powell IV, Stanley Michels, Guillermo Linares, C. Virginia Fields, Lauren Shapiro, Jill Ann Boskey, Elisabeth Benjamin, Jeanette Zelhof, Olive Karen Stamm, Peggy Earisman, Lucy A. Billings, Farmworkers Legal, Greater N.Y. Labor−, Centro Independiente, New York City Co, Community Service, Carmen Velazquez, WEP Workers Together to consolidate cases Velazquez V. Legal Services Corporation and Dobbins v. Legal Services Corporation , Motion hearing [83−1] motion Motion file stamped: 7/22/02 and mailed/served: 12/17/02 (Dobkin, David) (Entered: 07/24/2002)

July 22, 2002
71

LETTER dated 7/17/02 from Anne Nacinovich to David Udell re: enclosure of reply memo of law in support of legal services Corps motion to dismiss the complaint. w/o enclosure. (Dobkin, David) (Entered: 07/23/2002)

July 23, 2002
74

Declaration of Randi Youells in opposition to plaintiffs' motion for a preliminary injunction and in support of LSC's Re: [73−1] motion to dismiss (Dobkin, David) (Entered: 07/24/2002)

July 24, 2002
75

Declaration of Danilo A. Cardona in opposition to plaintiffs' motion for a preliminary injunction and in support of LSC's Re: [73−1] motion to dismiss (Dobkin, David) (Entered: 07/24/2002)

July 24, 2002
81

REPLY MEMORANDUM OF LAW by Scott M. Stringer, Lawrence Seabrook, Adam Clayton Powell IV, Stanley Michels, Guillermo Linares, C. Virginia Fields, Lauren Shapiro, Jill Ann Boskey, Elisabeth Benjamin, Jeanette Zelhof, Olive Karen Stamm, Peggy Earisman, Lucy A. Billings, Farmworkers Legal, Greater N.Y. Labor−, Centro Independiente, New York City Co, Community Service, Carmen Velazquez, WEP Workers Together in reply to the govt's opposition to motion for a preliminary injunction and in opposition to the govt's motion to dismiss. (Dobkin, David) (Entered: 07/24/2002)

July 24, 2002
86

ORDER granting [84−1] motion for amici curiae by Council on Foundations, Inc. Independent Sector, AARP Foundation, et al ( signed by Judge Frederic Block , on 6/19/02) (Dobkin, David) (Entered: 08/01/2002)

Aug. 1, 2002
89

MOTION for leave of Nonprofit Coordinating Committee of New York, Inc. to appear amicus curiae , Motion hearing [89−1] motion Motion file stamped: 8/2/02 and mailed/served: 8/1/02 (Dobkin, David) (Entered: 08/08/2002)

Aug. 2, 2002
87

LETTER dated 8/1/02 from David Udell to Judge Block, regarding the court of discovery disputes in the above case. (Dobkin, David) (Entered: 08/05/2002)

Aug. 5, 2002
88

LETTER dated 8/6/02 from Stephen Ascher to Judge Block, requesting that the court hear oral argument on the jurisdictional issues before the currently scheduled discovery conference, and without receiving any additional briefing. (Dobkin, David) (Entered: 08/07/2002)

Aug. 7, 2002
90

ORDER granting [89−1] motion for leave of Nonprofit Coordinating Committee of New York, Inc. to appear amicus curiae ( signed by Judge Frederic Block , ) (Dobkin, David) (Entered: 08/08/2002)

Aug. 8, 2002
91

LETTER dated 8/9/02 from David Udell to Judge Block, stating that the Court not schedule oral argument until LSC has completed production of the documents plaintiffs seek, and until plaintiffs have had a chance to submit any relevant discovery materials to the Court. (Dobkin, David) (Entered: 08/12/2002)

Aug. 12, 2002
92

LETTER dated 9/10/02 from David Udell to Judge Block, written to update the status of discovery. (original docketed under 97−cv−182 document # 92). (Dobkin, David) (Entered: 09/12/2002)

Sept. 12, 2002
93

NOTICE of attorney appearance for usa by Richard G. Lepley (Dobkin, David) (Entered: 10/07/2002)

Oct. 7, 2002
96

Calendar entry: Case called on 10/9/02 before Mag. Pohorelsky for initial scheduling. Counsel for parties. SCHEDULING AND RULING: 1. The next conference is adjourned sine die. Counsel shall advise the court of any date scheduled by Judge Block for oral argument or any other proceeding before him, and shall appear for a brief status conf immediately after the oral argument or other proceeding concludes; 2. The pltf's application to compel discovery is DENIED for the reasons set forth on the record. (Fernandez, Erica) (Entered: 10/11/2002)

Oct. 9, 2002
94

LETTER dated 9/18/02 from David Udell to Mag. Pohorelsky,stating that plaintiff served their initial disclosures and await confirmation from defts regarding whether defts have any information appropriate for disclosure at this time. Plaintiffs continue to look forward to a rescheduled conference to resolve the problem of LSC's refusal to produce documents in discovery that are directly relevant to the cross motions pending before Judge Block. (Dobkin, David) (Entered: 10/10/2002)

Oct. 10, 2002
95

LETTER dated 9/10/02 from David Udell to Mag. Pohorelsky, stating that the plaintiffs seek the Court's guidance regarding how to proceed to obtain the documents LSC has repeatedly promised but now refuses to produce. As set forth above, these documents are essential to the fair and accurate disposition of the motions pending before the district court. Attached exhibits 1−13. (Dobkin, David) (Entered: 10/10/2002)

Oct. 10, 2002
97

LETTER dated 10/24/02 from Criag Siegel to Clerk of the Court, to submit the original and two copies of Plaintiffs' Objections to Order of Mag. Pohoreleky. w/enclosure. (Dobkin, David) (Entered: 10/29/2002)

Oct. 24, 2002
99

LETTER dated 10/24/02 from David Udell to Judge Block, written to request oral argument on the parties; pending cross−motions and on plaintiuffs' request for further discovery; to enclose a new document produced by the LSC in discovery subsequent to the filing of the parties motion papers on 6/22/02; and to enclose a copy of plaintiffs' formal objections to the order of Mag. Pohorelsky entered on 10/9/02 denying further discovery. w/attachment. (Dobkin, David) (Entered: 10/29/2002)

Oct. 24, 2002

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 14, 1997

Closing Date: July 23, 2013

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Lawyers employed by grantees of funding from Legal Services Corporation, indigent clients, and legislative contributors to LSC grantees challenging constitutionality of LSC restrictions

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Legal Services Corp,, Private Entity/Person

Legal Services for New York City, City

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Order Duration: 2004 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Immigration/Border:

Constitutional rights