Case: Reynolds v. Giuliani

U. S. Court of Appeals for the Second Circuit

Alice Bers

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (em) (Entered: 12/18/1998)

Order endorsed on declaration and support of request to proceed in forma pauperis; granted. ( signed by Judge Peter K. Leisure/Part I ) (kw) (Entered: 12/21/1998)

Notice of reassignment to Judge William H. Pauley III. Copy of notice mailed to Attorney(s) of record: Hwan−Hui Helen Lee, Kenneth Rosenfeld, Randal S. Jeffrey, Constance P. Carden, Yisroel Schulman, Rebecca L. Scharf, Marc Cohan, Adriene L. Holder, Esperanza Colon, Joshua E. Goldfein, Anne K. Callagy, Christopher D. Lamb and Scott A. Rosenberg and Joshua E. Goldfein . (em) (Entered: 12/21/1998)

Magistrate Judge Buchwald is so Designated. (em) (Entered: 12/18/1998)

ORDER TO SHOW CAUSE AND A TEMPORARY RESTRAINING ORDER by Lakisha Reynolds, Georgina Bonilla, April Smiley, Lue Garlick, Adriana Calabrese, Jenny Cuevas, Elston Richards; Show Cause Hearing set for 9:30 12/30/98; pursuant to Rule 23 of the FRCP, to certify class action ; pursuant to Rule 65 of the FRCP, for a preliminary injunction against the defendants ( signed by Judge William H. Pauley III ); Copies mailed. (ae) (Entered: 12/18/1998)

Pre−trial conference set at 10:00 12/23/98 (lam) (Entered: 12/23/1998)

Memorandum to Docket Clerk: OTSC before Judge Pauley − Judge's decision: provide the named pltffs expedited food stamps or emergency cash grants within 24 hrs.; next PTC set for 12/23/98 @10:00; Evidentiary Hearing set for 12/30/98 @9:30am. (lam) (Entered: 12/23/1998)

Telephone conference held and concluded with Judge Pauley; Judge's Decision: city's opposition due 1/8/99, pltff's reply due 1/12/99; Evidentiary Hearing adjourned to 1/14/99 @9:00am. Submitted by Stan Pugliese. (lam) (Entered: 12/29/1998)

Memorandum to Docket Clerk: Hearing begun and concluded before Judge Pauley on 12/23/98; Order signed. Submitted by Stan Pugliese. (lam) (Entered: 12/29/1998)

ORDER, on consent of all parties that pending a hearing and determination of pltffs' application for preliminary injunctive relief, pltffs and the NYC defts shall implement an "informal intervention" procedure to address individual cases of exigent need for "expedited food stamps" and/or "emergency cash assistance" ( signed by Judge William H. Pauley III ); Copies mailed (lam) (Entered: 01/04/1999)

Telephone conference held and concluded with Judge Pauley; Evidentiary Hearing adjourned until 1/20/99 @9:00am. (lam) (Entered: 01/12/1999)

MEMORANDUM AND ORDER, on 12/21/98, this Court received an ex parte application from Mr. Posr A. Posr, executive director of an organization known as Pro Se Views, seeking permission to videotape and televise further courtroom proceedings in this civil action. For the reasons stated in this memorandum and order, the application is denied. ( signed by Judge William H. Pauley III); Copies mailed (djc) (Entered: 01/08/1999)

Telephone conference held and concluded before Judge Pauley. (kw) (Entered: 01/14/1999)

Telephone conference held and concluded before Judge Pauley. (kw) (Entered: 01/14/1999)

Telephone conference held before and concluded before Judge Pauley. (kw) (Entered: 01/15/1999)

Telephone conference held and concluded before Judge Pauley. (kw) (Entered: 01/20/1999)

Telephone conference held and concluded before Judge Pauley. (kw) (Entered: 01/20/1999)

ORDER, regarding the Court decision on the letter memoranda submitted by the City defendants and the plaintiffs dated 1/13/99, and 1/14/99. The production of documents required by this Order shall be made by delivering copies to plaintiffs' counsel at the offices of the Welfare Law Center, or such other location as the parties may designate in New York County, no later than 1/16/99 at 11:00 a.m. ( signed by Judge William H. Pauley III ); Copies mailed (kw) (Entered: 01/20/1999)

Telephone conference held and concluded before Judge Pauley. (kw) (Entered: 01/20/1999)

Motion hearing on preliminary injunction/TRO begun before Judge Pauley. (kw) (Entered: 02/01/1999)

MEMORANDUM AND ORDER, by letter memorandum dated 1/19/99, the City defendants move for an order in limine to preclude the introduction of a declaration by Adrienne L. Holder and to preclude the testimony of Sue Kelly and Mary A. Ferris. In view of the plaintiffs' stipulation, Ferris will not testify at the hearing. The City defendants motion in limine is denied ( signed by Judge William H. Pauley III ); Copies mailed (kw) (Entered: 01/25/1999)

Motion hearing before Judge Pauley continued. (kw) (Entered: 02/01/1999)

NOTICE OF APPEAL by Posr A. Posr Executive Director of Pro−Se Views, A Court News Organization ; from ; permission to make a video−recording of the proceedings in the above entittled matter and denying Pro−Se Views to make a video recording of Pro−Se Views' application to video record preoceedings netered in this action on the 7th day of January, 1999. Copies of notice of appeal mailed to Attorney(s) of Record: Corporation Counsel and Attorney General for the State of New York . *(IFP GRANTED FEBRUARY 16, 1999)*. Appeal record due on 2/22/99. (dt) (Entered: 02/24/1999)

Motion hearing continued and concluded before Judge Pauley. (kw) (Entered: 02/01/1999)

MEMORANDUM AND ORDER granting in part, denying in part [2−2] motion pursuant to Rule 65 of the FRCP, for a preliminary injunction against the defendants; the Court will hear oral argument on the sufficiency of the corrective plan as soon as practicable after the submissions have been filed. At that time, the Court will also entertain any requests to modify the preliminary injunction. Finally, the parties are directed to confer on the formulation of a pretrial discovery plan pursuant to FRCP 16 to be presented for approval to this Court on 2/18/99 ( signed by Judge William H. Pauley III ); Copies mailed (kw) (Entered: 01/27/1999)

DECLARATION of Jacquelyn Flaum. (kw) (Entered: 01/28/1999)

DECLARATION of William Stalzer. (kw) (Entered: 01/28/1999)

DECLARATION of Atler Williams−Kahn. (kw) (Entered: 01/28/1999)

DECLARATION of Jacqueline King. (kw) (Entered: 01/28/1999)

DECLARATION of Zebedee Daniels. (kw) (Entered: 01/28/1999)

DECLARATION of William Satter White. (kw) (Entered: 01/28/1999)

DECLARATION of Christopher Burch. (kw) (Entered: 01/28/1999)

DECLARATION of Robertino Cox. (kw) (Entered: 01/28/1999)

DECLARATION of Seth W. Diamond. (kw) (Entered: 01/28/1999)

Plaintiffs' Supplemental Deposition Designations. (kw) (Entered: 01/28/1999)

Transcript of record of the deposition of Rafael Heral on 1/20/99. (kw) (Entered: 01/28/1999)

Transcript of record of the deposition of Adrianne Fleming on 1/20/99. (kw) (Entered: 01/28/1999)

Transcript of record of the deposition of Gloria Lamboy on 1/20/99. (kw) (Entered: 01/28/1999)

Transcript of record of the deposition of Sylvia Gonzalez on 1/20/99. (kw) (Entered: 01/28/1999)

Transcript of record of the deposition of Edward Brown on 1/20/99. (kw) (Entered: 01/28/1999)

NOTICE OF CROSS MOTION by Brian J. Wing, and Barbara DeBuono for an order and judgment pursuant to FRCP Rule 12(b), dismissing plaintiffs' claims against the State defendants ; affidavit in support is attached. (kw) (Entered: 02/02/1999)

MEMORANDUM by Brian J. Wing, and Barbara DeBuono in support of [26−1] cross motion for an order and judgment pursuant to FRCP Rule 12(b), dismissing plaintiffs' claims against the State defendants. (kw) (Entered: 02/02/1999)

Transcript of record of proceedings before Judge Pauley on 12/16/98. (kw) (Entered: 02/08/1999)

Transcript of record of proceedings before Judge Pauley on 12/21/98. (kw) (Entered: 02/08/1999)

Transcript of record of proceedings before Judge Pauley on 12/23/98. (kw) (Entered: 02/08/1999)

Job Center Action Plan by the NYC Human Resources Administration in response to the memorandum and order dated 1/25/99 of Judge Pauley in connection to 98 civ. 8877. (kw) (Entered: 03/09/1999)

Order endorsed on declaration in support of request to proceed in forma pauperis, granted; (signed by Judge William H. Pauley III) (djc) (Entered: 02/16/1999)

Telephone conference held before Judge Pauley. Contested issue − yes. (kw) (Entered: 02/22/1999)

Plaintiffs' comments on the City defendants' corrective action plan. (kw) (Entered: 02/22/1999)

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [33−1] appeal. (dt) (Entered: 03/01/1999)

Indexed record on appeal files sent to the U.S.C.A. (dt) (Entered: 03/01/1999)

Filed Memo−Endorsement on letter from Marc Cohan, for pltffs dated 2/26/99, The City defts will serve and file their response to pltffs' comments by 3/10/99; pltffs will serve and file their reply to the City defts' response by 3/17/99 ( signed by Judge William H. Pauley III ) (lam) (Entered: 03/04/1999)

Transcript of record of proceedings filed for dates of 1/21/99 @9:45 before Judge Pauley. (lam) (Entered: 03/09/1999)

Telephone conference held and concluded before Judge Pauley. Contested issue − yes. (kw) (Entered: 03/17/1999)

Telephone conference held and concluded before Judge Pauley. Contested issue − yes. (kw) (Entered: 03/17/1999)

Telephone conference held and concluded before Judge Pauley. Contested issue − yes. (kw) (Entered: 03/17/1999)

Filed Memo−Endorsement on letter from Jonathan Pines, Asst Corp Counsel, atty for the City defts dated 3/10/99, granting request for an enlargement of time within which to file a response to pltffs' comments to the Job Center Action Plan; the City defts' response will be served by close of business on 3/15/99, and pltffs' response will be served by close of business on 3/22/99 ( signed by Judge William H. Pauley III ) (lam) (Entered: 03/16/1999)

Filed Memo−Endorsement on letter from Jonathan Pines, Asst Corp Counsel, atty for City defts dated 3/15/99, granting request for a 24 hrs. enlargement of time; the City defts' response will be served by close of business on 3/16/99, and pltffs' response will be served by close of business on 3/23/99 ( signed by Judge William H. Pauley III ) (lam) (Entered: 03/19/1999)

DECLARATION of Hannah Cohen, with the NYC Human Resources Administration, Office of Legal Affairs, in response to plaintiffs' comments on the City Defendants' Corrective Action Plan ("Comments"), and in support of City defendants' seeking a lifting of the stay of conversion of additional Centers pursuant to the Court's preliminary injunction. (kw) (Entered: 03/22/1999)

DECLARATION of Jonathan Pines in response to plaintiffs' comments and in support of City Defendants' Order to Show Cause for Modification of the Preliminary Injunction. (kw) (Entered: 03/22/1999)

Affidavit of service of brief dated 3/17/99 upon Jonathan Pines, Asst Corp counsel by Hwan−Hui Helen Lee, The Legal Aid Society on 3/17/99. (lam) (Entered: 03/24/1999)

Pre−trial conference held and concluded before Judge Pauley. Contested issue − yes. (kw) (Entered: 03/22/1999)

REPLY DECLARATION in support of Hwan−Hui Helen Lee, one of the attys for Lakisha Reynolds, Georgina Bonilla, April Smiley, Lue Garlick, Adriana Calabrese, Cuevas, Elston Richards [2−1] motion pursuant to Rule 23 of the FRCP, to certify class action, [2−2] motion pursuant to Rule 65 of the FRCP, for a preliminary injunction against the defendants (lam) (Entered: 03/25/1999)

REPLY MEMORANDUM by Lakisha Reynolds, Georgina Bonilla, April Smiley, Lue Garlick, Adriana Calabrese, Jenny Cuevas, Elston Richards re: in support of [2−1] motion pursuant to Rule 23 of the FRCP, to certify class action, [2−2] motion pursuant to 65 of the FRCP, for a preliminary injunction against the defendants (lam) (Entered: 03/25/1999)

Filed Memo−Endorsement on letter to Judge Pauley from Hwan−Hui Helen Lee dated 3/18/99, counsel requests an extension of time to file their response to the City defendants' response to plaintiffs' comments to the City defendants' corrective action plan, from 3/23/99 to 3/29/99. Application granted ( signed by Judge William H. Pauley III ) (kw) (Entered: 03/25/1999)

Telephone conference held and concluded before Judge Pauley. Contested issue − yes. (kw) (Entered: 03/29/1999)

Transcript of record of proceedings before Judge Pauley filed on 1/20/99. (kw) (Entered: 03/30/1999)

SUPPLEMENTAL DECLARATION of Jonathan Pines. (kw) (Entered: 03/30/1999)

REPLY by plaintiffs' to City Defendants' response to plaintiffs' comments on City Defendants' corrective action plan. (kw) (Entered: 03/31/1999)

Reply DECLARATION of Hwan−Hui Helen Lee, one of the attorneys for the plaintiffs, in opposition to the City defendants' application. (kw) (Entered: 03/31/1999)

STIPULATION and ORDER; that pending the vacating or modification of the 1/25/99 stay against converting Income Support Centers to Job Centers, City defts shall provide this Court and counsel for the pltffs and for the State defts with written notice 30 days in advance of (a) closing an Income Support Center; (b) reducing the number of zip codes served by an Income Support Center; or (c) transferring responsibility for any zip codes from an Income Support Center to a Job Center, where any of the above would result in the directing of applicants from an Income Support Center to a Job Center; effective as of the signing of this Stipulation and Order and until such time as this Court vacates or modifies the 1/25/99 stay against converting Income Support Centers to Job Centers, the city defts shall cease referring applicants for public assistance, food stamps, and medicaid who would, prior to 3/1/99, have gone to the East End Income Support Center and will instead process their applications at the East End Income Support Center. In addition, City defts shall issue a memorandum revoking Center Director Memo CD−99−9, dated 2/16/99, in so far as it pertains to new applicants ( signed by Judge William H. Pauley III ). (jp) (Entered: 04/02/1999)

ORDER, that pltff's application to inspect the City defts' Job Centers purs to FRCP 34 is granted as set forth in this Order ( signed by Judge William H. Pauley III ); Copies mailed (lam) (Entered: 04/05/1999)

SCHEDULING ORDER: First sets of interrogatories and notices to produce documents to be served by 4/1/99; Depositions will commence no later than 5/1/99; All fact Discovery cutoff 9/30/99; Requests for admissions will be served by 10/29/99, and responses will be served by 11/22/99; The parties will serve their respective expert reports by 10/29/99; All expert discovery, including expert depositons, will be completed by 12/3/99; Joint Pretrial order to be submitted on or before 1/15/99; A Final Pretrial conference for 9:30 1/7/00 ( signed by Judge William H. Pauley III ); Copies mailed by Chambers. (lam) (Entered: 04/05/1999)

Filed Memo−Endorsement on letter to Judge Pauley from Jonathan Pines, dated 4/2/99, granting City defts' request for the Court to schedule argument on the sufficiency of City defts' Job Cetner Action Plan; Oral argument on the sufficiency of the City defts'Job Center Action Plan is scheduled for 4/20/99 at 4:00 p.m. ( signed by Judge William H. Pauley III ) (cd) (Entered: 04/08/1999)

Telephone conference held and concluded before Judge Pauley. Contested issue − yes. (kw) (Entered: 04/13/1999)

Telephone conference held and concluded before Judge Pauley. Contested issue − yes. (kw) (Entered: 04/22/1999)

Telephone conference held and concluded before Judge Pauley. Contested issue − yes. (kw) (Entered: 04/22/1999)

Transcript of record of proceeding before Judge Pauley 2/16/99. (kw) (Entered: 04/23/1999)

SUPPLEMENTAL DECLARATION of Patricia M. Smith. (kw) (Entered: 05/04/1999)

DECLARATION in opposition of Hwan−Hui Helen Lee, an atty for Lakisha Reynolds, Georgina Bonilla, April Smiley, Lue Garlick, Adriana Calabrese, Cuevas, Elston Richards re: City defts' application for approval of the CAP and for modification of the Preliminary Injunction. (lam) (Entered: 05/04/1999)

Deposition Designations filed by pltffs. (lam) (Entered: 05/04/1999)

MEMORANDUM by Lakisha Reynolds in support of plaintiffs' motion for class certification. (kw) (Entered: 05/06/1999)

Deposition Designation from the deposition of Sheila Butler on 4/16/99. (lam) (Entered: 05/10/1999)

DECLARATION of Ismaila Toure re: injury caused by his car being hit by an ambulance. (lam) (Entered: 05/10/1999)

SUPPLEMENTAL DECLARATION of Jonathan Pines in response to Re: [57−1] to the materials submit by plaintiffs on 4/29/99. (kw) (Entered: 05/07/1999)

Filed Memo−Endorsement on letter from Marc Cohan, atty dated 4/29/99, approving the following briefing schedule for the motion for class certification: pltffs' will serve their Memorandum of Law in Support of Class Certification on the defts by 4/30/99; defts are permitted 30 days to submit their opposition papers; pltffs' reply briefing is due 15 days later; pltffs will serve copies of this endorsed letter on all counsel of recored ( signed by Judge William H. Pauley III ) (lam) (Entered: 05/07/1999)

Filed Memo−Endorsement on letter from James M. Hershler, Asst Atty General dated 4/27/99, granting joint request for a 2 wk extension of time to respond to the interrogatories and document requests served by pltffs on 4/1/99 ; the City defts will serve copies of this endorsed letter on all counsel of record ( signed by Judge William H. Pauley III ) (lam) (Entered: 05/07/1999)

Filed Memo−Endorsement on letter to Judge Pauley from Hwan−Hui Helen Lee dated 5/3/99, counsel, for plaintiffs, requests an order from the Court requiring the City defendants to provide plaintiffs with the data described in plaintiffs' 4/30/99 letter to the Court by the close of business today and permitting plaintiffs until the close of business on 5/5/99 to submit their analysis of the data to the Court. Plaintiffs may submit their analysis of the data concerning income support centers by 5/5/99 at 5:00 p.m. ( signed by Judge William H. Pauley III ) (kw) (Entered: 05/10/1999)

Plaintiffs' reply declaration. (kw) (Entered: 05/11/1999)

MEMORANDUM AND ORDER, the "City defendants" motion to modify a preliminary injunction entered by this Court on 1/25/99 is granted in part and denied in part ; set pre−trial conference for 3:00 p.m. on 6/3/99 ( signed by Judge William H. Pauley III ); Copies mailed (kw) (Entered: 05/26/1999)

Pretrial Conference held and concluded before Judge William H. Pauley III. Contested issue − yes. (kw) (Entered: 06/15/1999)

Transcript of record of proceedings filed for dates of 3/24/99 @4:15pm before Judge Pauley. (lam) (Entered: 06/08/1999)

Transcript of record of proceedings filed for dates of 4/8/99 @5:49pm before Judge Pauley. (lam) (Entered: 06/08/1999)

Transcript of record of proceedings filed for dates of 4/29/99 @4:20pm before Judge Pauley. (lam) (Entered: 06/08/1999)

SCHEDULING ORDER: the City defendants will serve and file their expert report by 6/21/99; plaintiffs will serve and file their expert report by 7/2/99; the parties will serve and file their respective witness lists by 7/2/99; an evidentiary hearing is scheduled for 7/14/99 at 9:30 a.m. ( signed by Judge William H. Pauley III ); Copies mailed (kw) (Entered: 06/15/1999)

Telephone Conference held before Judge William H. Pauley III (lam) (Entered: 06/15/1999)

Filed Memo−Endorsement on letter addressed to Judge Pauley, dated 6/9/99, from Jonathan Pines, Asst Corp. Counsel; requesting that City defts be permitted to serve their opposition to pltffs' motion for class certification on 7/21/99, with pltffs' reply papers due on 8/12/99; the revised briefing schedule is approved ( signed by Judge William H. Pauley III ); Copies mailed. (lam) (Entered: 06/17/1999)

Report of City Defendants' expert Dr. June E. O'Neill. (kw) (Entered: 06/24/1999)

Telephone Conference held and concluded before Judge William H. Pauley III. Contested issue − yes. (kw) (Entered: 06/28/1999)

Pretrial Conference held before Judge William H. Pauley III (lam) (Entered: 07/14/1999)