Case: United States of America v. City of New York and New York City Housing Authority

USA et al. v City of New York et al.

US v. City of New York and New York City Housing Authority

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). (db) (Entered: 06/01/2001)

Magistrate Judge Frank Maas is so designated. (db)

AFFIDAVIT OF SERVICE of S/C as to City of New York, N.Y.C. Housing Auth. by Donna Murphy/Marilyn Richter on 5/31/01 . Answer due on 6/20/01 for City of New York, for N.Y.C. Housing Auth. . (cd) (Entered: 06/05/2001)

STIPULATION and ORDER, extending time of defts City of New York and New York City Housing Authority to serve their answer to the complaint ; reset answer to the complaint due for 7/20/01 for N.Y.C. Housing Auth., for City of New York . ( signed by Judge Richard C. Casey ) (kg) (Entered: 06/26/2001)

NOTICE OF MOTION (FILED ON SERVICE DATE) by Theresa Cladwell, for an order giving permission for Theresa to intervene . Return date 7/11/01. (kw) (Entered: 07/02/2001)

MEMORANDUM OF LAW by Theresa Cladwell in support of [5-1] motion for an order giving permission for Theresa to intervene. (kw) (Entered: 07/02/2001)

Pretrial Conference held before Judge Richard C. Casey. (sac)

Status Conference set for 7/19/01 at 4:30 p.m. before Judge Richard C. Casey. (sac)

Civil Case Management Plan: ithis case is to be tried by a jury; joinder of additional parties must be accomplished by 07/30/01; the parties disagree as to whether a deadline should be set for intervenor-plaintiffs. Amended pleadings may be filed until 08/30/01; First request for production of documents, if any, to be served 30 days after discovery commences; Interrogatories purs to Rule 46(a) of the Civil Rules of the SDNY to be served 30 days after discovery commences. depositions to be completed 270 days after discovery commences; Experts, if any, are to be designated 180 days after discovery commences, and experts reports exchanged no later than 210 days after discovery commences; Requests to Admit, if any, are to be served no later than 210 days after discovery commences; all discovery is to be completed 270 days after discovery commences. Counsel does not consent to trial by a U.S. Magistrate Judge; Next case management conference set for 07/19/01 at 4:30 p.m. ( signed by Judge Richard C. Casey ); Copies mailed. (djc) (Entered: 07/02/2001)

DEMAND for jury trial by Tonja McGhee. (sac) (Entered: 07/18/2001)

Pretrial Conference held before Judge Richard C. Casey. (tp)

INTERVENOR'S COMPLAINT by Maria E. Gonzalez. Summons issued. (djc) (Entered: 07/24/2001)

NOTICE OF MOTION (filed on service date) by City of New York for an order pursuant to Rule 12(b)(1)(6) of the FRCP, dismissing the complaint on the grounds that the court lacks jurisdiction over subject matter of the complaint, and that the complaint fails to state a claim upon which releif may be granted . Return date not indicated. (moc) (Entered: 11/02/2001)

NOTICE OF MOTION (filed on service date) by N.Y.C. Housing Auth. for an order pursuant to Rule 12(b) of the FRCP, dismissing the complaint filed in this action on the grounds that the court lacks subject matter jurisdiction . Return date not indicated. (moc) (Entered: 11/02/2001)

AFFIRMATION of Marilyn Richter by City of New York in opposition to [5-1] motion for an order giving permission for Theresa to intervene . (cd) (Entered: 08/07/2001)

NOTICE OF MOTION for an order to intervene by Tammy Auer ; Return date: 6/20/01. (pl) (Entered: 08/08/2001)

REPLY by Tammy Auer Re: [11-1] opposition memorandum (pl) (Entered: 08/08/2001)

MEMORANDUM OF LAW by N.Y.C. Housing Auth. in opposition to [10-1] motion for an order to intervene by Tammy Auer . (pl) (Entered: 08/08/2001)

NOTICE of attorney appearance for Tammy Auer by Yolanda S. Wu. (kw) (Entered: 08/28/2001)

NOTICE of attorney appearance for Tammy Auer by Deborah M. Baumgarten. (kw) (Entered: 08/28/2001)

Transcript of record of proceedings before Judge Richard C. Casey for the date(s) of 7/19/01. (moc) (Entered: 08/30/2001)

CERTIFICATE OF SERVICE of notice of appearance for Timothy Case by mail on 8/30/01 to Marilyn RIchter, Asst. Corporation Counsel; Donna Murphy, Atty for NYC Housing Authority and Eric B. Fisher, Office of the United States Attorney. (djc) (Entered: 09/05/2001)

NOTICE of attorney appearance for Tammy Auer by Timothy Casey. (kkc) (Entered: 09/06/2001)

NOTICE of attorney appearance for Tammy Auer by Martha F. Davis (cd) (Entered: 09/20/2001)

MEMORANDUM OF LAW by City of New York in support of [20-1] motion for an order pursuant to Rule 12(b)(1)(6) of the FRCP, dismissing the complaint on the grounds that the court lacks jurisdiction over subject matter of the complaint, and that the complaint fails to state a claim upon which releif may be granted . (moc) (Entered: 11/02/2001)

MEMORANDUM OF LAW by Tammy Auer in opposition to [20-1] motion for an order pursuant to Rule 12(b)(1)(6) of the FRCP, dismissing the complaint on the grounds that the court lacks jurisdiction over subject matter of the complaint, and that the complaint fails to state a claim upon which releif may be granted . (moc) (Entered: 11/02/2001)

REPLY MEMORANDUM by City of New York re: [20-1] motion for an order pursuant to Rule 12(b)(1)(6) of the FRCP, dismissing the complaint on the grounds that the court lacks jurisdiction over subject matter of the complaint, and that the complaint fails to state a claim upon which releif may be granted (moc) (Entered: 11/02/2001)

MEMORANDUM OF LAW by U.S.A. in opposition to [19-1] motion for an order pursuant to Rule 12(b) of the FRCP, dismissing the complaint filed in this action on the grounds that the court lacks subject matter jurisdiction, [20-1] motion for an order pursuant to Rule 12(b)(1)(6) of the FRCP, dismissing the complaint on the grounds that the court lacks jurisdiction over subject matter of the complaint, and that the complaint fails to state a claim upon which releif may be granted . (moc) (Entered: 11/02/2001)

Pretrial Conference held on 11/6/01 before Judge Richard C. Casey. (jco)

Transcript of record of proceedings before Judge Richard C. Casey for the date(s) of 11/6/01 at 2:15 p.m. (jco) (Entered: 01/03/2002)

ORDER; granting [19-1] motion for an order pursuant to Rule 12(b) of the FRCP, dismissing the complaint filed in this action on the grounds that the court lacks subject matter jurisdiction, granting [20-1] motion for an order pursuant to Rule 12(b)(1)(6) of the FRCP, dismissing the complaint on the grounds that the court lacks jurisdiction over subject matter of the complaint, and that the complaint fails to state a claim upon which relief may be granted, mooting [10-1] motion for an order to intervene by Tammy Auth. ( signed by Judge Richard C. Casey ); Copies mailed; ( Forwarded orig. document to the Judgment Clerk) (pl) Modified on 03/13/2002 (Entered: 03/12/2002)

JUDGMENT; That for the reasons stated in the Court's Order dated 3/8/02, defendants' motions to dismiss the complaints are granted; the Court finds it unnecessary to review Ms. Tammy Auth's motion to intervene as it is moot and the Court declines to exercise supplemental jurisdiction over plaintiff Colon's state law claims; accordingly the case is closed. ( signed by James M. Parkison, Clerk of Court ); Mailed copies and notice of right to appeal. Entered On Docket: 3/15/02. (tp) (Entered: 03/15/2002)

Case closed. (tp)

JUDGMENT; that for the reasons stated in the Court's Order dated 3/8/02, defendants' motions to dismiss the complaint are granted; the Court finds it unnecessary to review Ms. Tammy Auth's motion to intervene as it is moot and the Court declines to exercise supplemental jurisdiction over plaintiff Colon's state law claims; accordingly, the case is closed. (signed by James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 3/19/02. (pl) (Entered: 03/19/2002)

Memo-Endorsement on letter addressed to Judge Casey from Martha F. Davis, dated 3/28/02, as explained in the court's 3/8/02 opinion, Ms. Auer's motion was dismissed as moot ( signed by Judge Richard C. Casey ); Copies mailed. (cd) (Entered: 04/11/2002)

INTERVENOR'S COMPLAINT by Maria Gonzalez. (jco) (Entered: 05/01/2002)

NOTICE OF APPEAL by Maria E. Gonzalez from [26-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Donna Murphy, Esq. and Marilyn Richter, Esq. $105.00 Appeal filing fee paid 5/3/02 on receipt # E 437922. (dt) (Entered: 05/07/2002)

Notice of appeal and certified copy of docket to USCA: [31-1] appeal by Maria E. Gonzalez ; Copy of notice of appeal sent to District Judge. (dt)

NOTICE OF APPEAL by U.S.A. from [28-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Marilyn Richter, Esq., Donna Murpahy, Esq., Yolanda Wu, Esq., Daniel D. Leddy, Jr., Esq., Philip E. Taubman, Esq., Jack Tuckner, Esq. and Kenneth W. Richardson, Esq. (Filed by U.S.A. No Fee). (dt) (Entered: 05/09/2002)

Notice of appeal and certified copy of docket to USCA: [32-1] appeal by U.S.A. ; Copy of notice of appeal sent to District Judge. (dt)

NOTICE OF APPEAL by Tammy Auer from [28-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Marilyn Richter and Donna Murphy. $105.00 Appeal filing fee paid 5/10/02 on receipt # E 0439240. (dt) (Entered: 05/13/2002)

Notice of appeal and certified copy of docket to USCA: [33-1] appeal by Tammy Auer ; Copy of notice of appeal sent to District Judge. (dt)

NOTICE OF APPEAL by Plaintintiff intervenor Theresa Caldwell-Benjamin ; from ; [28-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: James B. Comey, Donna Murphy, Esq., Marilyn Richter, Esq., Yolanda Wu, Esq., Daniel D. Leddy, Jr., Esq. and Jack Tuckner, Esq. $105.00 Appeal filing fee paid 5/14/02 on receipt # E 0439376. (dt) (Entered: 05/17/2002)

NOTICE OF APPEAL by Tonja McGhee from [28-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Eric B. Fisher, Esq., Marilyn Richter, Esq., Donna Murphy, Esq., Yolanda Wu, Esq., Daniel D. Leddy, Jr., Esq., Jack Tuckner, Esq. and Kenneth W. Richardson, Esq. $105.00 Appeal filing fee paid 5/14/02 on receipt # E 0439351. (dt) (Entered: 05/17/2002)

Notice of appeal and certified copy of docket to USCA: [34-1] appeal ; Copy of notice of appeal sent to District Judge. (dt)

Notice of appeal and certified copy of docket to USCA: [35-1] appeal by Tonja McGhee ; Copy of notice of appeal sent to District Judge. (dt)

USCA Case Number Re: [35-1] appeal by Tonja McGhee, [34-1] appeal, [33-1] appeal by Tammy Auer, [32-1] appeal by U.S.A., [31-1] appeal by Maria E. Gonzalez USCA NUMBER: 02-6102(L) 02-6112(CON) 02-6122 (CON) 02-6124(CON) 02-6126(CON). (pr)

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [35-1] appeal by Tonja McGhee, [33-1] appeal by Tammy Auer. (pr) (Entered: 09/12/2002)

MANDATE of USCA (Certified Copy) as to 33 Notice of Appeal filed by Tammy Auer, 35 Notice of Appeal, filed by Tonja McGhee, 31 Notice of Appeal filed by Maria E. Gonzalez, 32 Notice of Appeal, filed by United States of America, 34 Notice of Appeal, USCA Case Number 02-6102(L), 02-6112, 02-6122, 02-6124, 02-6126, 02-7405. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED AND REMANDED FOR FURTHER PROCEEDINGS IN ACCORDANCE WITH THE OPINION OF THIS COURT. MACKECHNIE, Clerk USCA. Issued As Mandate: 6/18/04. (pr, ) (Entered: 06/21/2004)

Transmission of USCA Mandate/Order to the District Judge re: 37 USCA Mandate,,. (pr, )

ENDORSED LETTER addressed to Judge Richard C. Casey from Neil M. Corwin dated 6/23/04. The parties shall appear for a status conf. on 7/23/04 at 9:30 a.m. (Signed by Judge Richard C. Casey on 7/6/04) (kw, ) (Entered: 07/11/2004)

Set Deadlines/Hearings: Status Conference set for 7/23/2004 09:30 AM before Judge Richard C. Casey. (kw, )

Minute Entry for proceedings held before Judge Richard C. Casey : Status Conference held on 7/23/2004. Defendant City of New York plans to appeal to the 2nd Circuit Court. If the appeal is not granted, the City of New Yorkwill try to settle the case. The Court stays all discovery until 10/15/04. Next Status conference set for 10/15/04 at 9:30 a.m. (db, )

Set Deadlines/Hearings: Discovery due by 10/15/2004. Status Conference set for 10/15/2004 09:30 AM before Judge Richard C. Casey. (db, )

PLAINTIFF-INTERVENOR TAMMY AUER'S SUPPLEMENTAL MEMORANDUM OF LAW in Support of re: 10 Motion to Intervene. Document filed by Tammy Auer. (jmi, ) (Entered: 09/23/2004)

LETTER addressed to Judge Richard C. Casey from Marilyn Richter dated 9/21/04 re: Defendants hereby submit their opposition to the attempted assertion in this case of employment discrimination claims under state law, and local law by plaintiffs Colon and Auer. Document filed by City of New York, New York City Housing Authority... Received in the night deposit box on 9/21/04 at 7:54 P.M. (sac, ) (Entered: 09/27/2004)

Minute Entry for proceedings held before Judge Richard C. Casey : Status Conference held on 10/15/2004. City has filed petition for Layer for Caldell Benjamin not present. Court instructs plaintiff's to send certified letter to be sure he agrees with schedule. City wants to make summary motion judgment against Caldwell Benjamin, will discuss at 2/18/05 status conference after the appeal with Supreme Court. (jco, )

PRETRIAL SCHEDULING ORDER: Joinder of Parties due by 1/23/2004. The case is to be tried by a jury; Counsel for parties have dicussed the merits of settlement in regard to this action and do not wish to request a settlement conf. before a US Magistrate; Counsel for parties have discussed the merits of mediation in regard to this action and do not wish to employ the mediation services provided by this court; Answer filed by 11/15/04; see document for further discovery deadlines; Case Management Conference set for 2/18/2005 09:30 AM before Judge Richard C. Casey. (Signed by Judge Richard C. Casey on 10/15/04) (djc, ) (Entered: 10/22/2004)

ENDORSED LETTER addressed to Judge Casey from Melanie Hallums dated 2/11/05: the 2/18 conference is adjourned to 3/18/05 at 9:30 am. (Signed by Judge Richard C. Casey on 2/19/05) copies sent by chambers.(cd, ) (Entered: 02/18/2005)

Set/Reset Scheduling Order Deadlines: Status Conference set for 3/18/2005 09:30 AM before Judge Richard C. Casey. (cd, )

ENDORSED LETTER addressed to Richard Conway Casey from Melanie R. Hallums dated 3/15/05 re: applicaiton granted; status conference moved from 3/18/05 to 4/22/05. (Signed by Judge Richard C. Casey on 3/16/05) (pl, ) (Entered: 03/21/2005)

Set/Reset Scheduling Order Deadlines: Status Conference set for 4/22/2005 09:30 AM before Judge Richard C. Casey. (pl, )

ENDORSED LETTER addressed to Jduge Richard Conway Casey from Malanie R. Hallums dated 4/20/05 re: status conference adjourned to 5/6/05. (Signed by Judge Richard C. Casey on 4/21/05) (pl, ) (Entered: 04/28/2005)

ENDORSED LETTER addressed to Judge Richard C. Casey from Melanie Hallums dated 5/5/05 re: counsel for parties request an adjournment of the status conference. Application granted. Conference adjourned to 5/20/05. (Signed by Judge Richard C. Casey on 5/5/05) (dle, ) (Entered: 05/06/2005)

ENDORSED LETTER addressed to Judge Richard Conway Casey from Melanie R. Hallums dated 5/18/05 re: Application granted conference adjourned June 24. Please notify other parties. (Signed by Judge Richard C. Casey on 5/20/05) (pl, ) (Entered: 05/23/2005)

Set Deadlines/Hearings: Status Conference set for 6/24/2005 09:30 AM before Judge Richard C. Casey. (pl, )

ENDORSED LETTER addressed to Judge Casey from Melanie R. Hallums dated 6/22/2005 re: request status conference with the Court be rescheduled to 7/8/2005 at 9:30am. Application granted. (Signed by Judge Richard C. Casey on 6/23/2005) (jsa, ) (Entered: 06/27/2005)

Set/Reset Hearings: Status Conference set for 7/8/2005 09:30 AM before Judge Richard C. Casey. (jsa, )

ENDORSED LETTER addressed to Judge Casey from Melanie Hallums dated 7/6/05: the 7/8 status conf is adjourned to 8/5/05. (Signed by Judge Richard C. Casey on 7/12/05) (cd, ) (Entered: 07/13/2005)

ENDORSED LETTER addressed to Judge Richard C. Casey from Melanie R. Hallums dated 8/3/05 re: Application GRANTED. Status conference adjourned to 9/30/05 at 9:30 a.m. (Signed by Judge Richard C. Casey on 8/4/05) (db, ) (Entered: 08/08/2005)

Set/Reset Hearings: Status Conference set for 9/30/2005 09:30 AM before Judge Richard C. Casey. (db, )

ENDORSED LETTER addressed to Judge Richard Conway Casey from Melanie R. Hallums dated 9/28/05 re: a request for an adjournment of the status conference.ENDORSEMENT: Application granted, conference adjourned to 11/4/05 at 9:30 AM. (Signed by Judge Richard C. Casey on 9/30/05) (kco, ) (Entered: 10/03/2005)

Set/Reset Hearings: A Status Conference is set for 11/4/2005 at 9:30 AM before Judge Richard C. Casey. (kco, )

ENDORSED LETTER: addressed to Judge Richard C. Casey from Melanie R. Hallums dated 11/16/2005 re: the parties respectfully request that the status conference be adjourned to a date that is convenient for the Court after 12/18/2005. ENDORSEMENT: Application granted. Conference adjourned to 1/16/2006 at 9:30 a.m. (Signed by Judge Richard C. Casey on 11/17/2005) (lb, ) (Entered: 11/17/2005)

ENDORSED LETTER addressed to Judge Richard Conway Casey from Melanie R. Hallums dated 1/11/06 re: all parties request an adjournment of the status conference. ENDORSEMENT: Application granted, conference adjourned to 2/17/2006 at 9:30 AM. (Signed by Judge Richard C. Casey on 1/12/06) (kco, ) (Entered: 01/18/2006)

ENDORSED LETTER addressed to Judge Richard Conway Casey from Melanie R. Hallums dated 2/15/06. ENDORSEMENT: Application GRANTED conference adjourned to March 17, 2006. (Signed by Judge Richard C. Casey on 2/16/06) (js, ) (Entered: 02/22/2006)

ENDORSED LETTER addressed to Judge Richard Conway Casey from Melanie R. Hallums dated 3/16/06 re: Request that the Status conference be adjourned to a date that is convenient for the Court on or after March 31, 2006. ENDORSEMENT: Application GRANTED. Conference adjourned to April 21, 2006 at 9:30 a.m. (Signed by Judge Richard C. Casey on 3/16/06) (js, ) (Entered: 03/20/2006)

ENDORSED LETTER addressed to Judge Richard Conway Casey from Melanie R. Hallums dated 4/20/06 re: a request for an adjournment of the status conference.ENDORSEMENT: Application granted. Conference adjourned to 5/12/2006 at 9:30 a.m. (Signed by Judge Richard C. Casey on 4/20/06) (kco, ) (Entered: 04/21/2006)

CONSENT DECREE # 06,1088 in favor of Tammy Auer as against City of NY in the amount of $ 110,000. (Signed by Judge Richard C. Casey on 5/12/06) (jf, ) (Entered: 05/17/2006)

ENDORSED LETTER addressed to Judge Richard C. Casey from Marilyn Richter dated 8/11/06 re: Counsel for defendant writes to request additional time to complete the distribution of the notice. Application granted. The defendant must complete distribution of the notice by 9/9/06. So Ordered. (Signed by Judge Richard C. Casey on 8/15/06) (jco, ) (Entered: 08/16/2006)

ORDER TO SHOW CAUSE (Duplicate Original) Show Cause Hearing set for 5/8/2007 11:30 AM before Judge John F. Keenan.,Show Cause Response due by 4/27/2007. (Signed by Judge John F. Keenan on 4/18/2007 part I) (jmi) (Entered: 04/20/2007)

ORDER: The motion to compel the City of New York to pay the $18,000.00 is GRANTED. The City of New York is directed to pay Ms. Caldwell-Benjamin within 10 days of the issuance of this order. The Court denies the portion of Ms. Richter's declaration filed in response to the order to show cause makes clear that she was not acting with malice or in bad faith in failing to pay Ms. Caldwell-Benjamin. Therefore, sanctions attorneys' fees and costs are not appropriate. (Signed by Judge John F. Keenan on 5/9/07) (js) (Entered: 05/10/2007)