Case: Reynolds v. Giuliani

1:98-cv-08877 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 16, 1998

Closed Date: July 22, 2011

Clearinghouse coding complete

Case Summary

New York City implemented an overhaul to its welfare system in order to meet federal and state welfare requirements, which were revised in the mid-1990s. Under the city’s program, “income support centers” (locations where public assistance benefits were applied for and distributed, sometimes during the initial visit by an applicant) were to be converted to “job centers.” These job centers put greater emphasis on making sure those receiving public assistance obtained employment from the private …

New York City implemented an overhaul to its welfare system in order to meet federal and state welfare requirements, which were revised in the mid-1990s. Under the city’s program, “income support centers” (locations where public assistance benefits were applied for and distributed, sometimes during the initial visit by an applicant) were to be converted to “job centers.” These job centers put greater emphasis on making sure those receiving public assistance obtained employment from the private sector while doing so and added bureaucratic layers to the application process for public assistance compared to income support centers. Over half of the city’s income support centers had been converted to job centers at the time the suit was filed.

The plaintiffs each claimed to be qualified welfare beneficiaries who had been improperly denied assistance by one of the job centers in violation of the Fourteenth Amendment's Due Process clause, the city’s obligations under 7 U.S.C. §2020 (the Supplemental Nutritional Assistance Program—then referred to as Food Stamps), and 42 U.S.C. §1396 (Medicaid). The plaintiffs also alleged state law violations. They sought class certification for all similarly situated New York City residents, as well as declaratory and injunctive relief. The case was filed in the U.S. District Court for the Southern District of New York on December 16, 1998, with Judge William H. Pauley presiding.

The plaintiffs sought a temporary restraining order (1) enjoining the city from converting further income support centers into job centers; and (2) directing the city to expeditiously process the applications of the named plaintiffs. The court entered a temporary restraining order on the same day directing the city to provide emergency food stamps and cash assistance to the named plaintiffs.

The court granted a preliminary injunction to the plaintiffs on January 21, 1999. Finding the plaintiffs and others like them would suffer irreparable harm without intervention and that the evidence showed the conversion of income support centers to job centers was done with insufficient self-study and a statistical drop in the number of successful applicants for emergency assistance despite legal obligations, the court ordered the city to (1) allow applicants for public assistance to apply for benefits the first day they visit a job center, (2) cease conversion of income support centers to job centers without a formal hearing, (3) make eligibility requirements for food stamps and Medicaid separate from the eligibility determination from cash assistance, (4) send applicants timely notice of the city’s decision on whether they qualify for benefits, and (5) form a corrective plan for achieving its policy goals while also meeting the needs of public assistance applicants.

The city submitted a corrective action plan and requested modification to the preliminary injunction in March of 1999. On May 24, 1999, the preliminary injunction was modified to allow the closure of up to three more income support centers after an individualized hearing on the adequacy of city audit procedures. The court also approved of the city’s corrective action plan in the same order.

The city moved to vacate the preliminary injunction on December 10, 1999, after procuring more evidence surrounding the efficacy of the job centers in achieving their welfare obligations. Meanwhile, the State of New York moved to dismiss the complaint against them for failure to state a claim. Judge Pauley denied both motions and granted the plaintiff’s motion for class certification on July 21, 2000. The certified class consisted of "all New York City residents who have sought, are seeking, or will seek to apply for food stamps, Medicaid, and/or cash assistance at a Job Center."

Following a September 2000 audit of the city’s welfare distribution schematic, the court entered a permanent injunction in favor of the plaintiffs on December 30, 2004. The permanent injunction directed both the city and state to: (i) provide expedited food stamp service to eligible applications within 7 days; (ii) separately process applications for food stamps when the applications for cash assistance are denied or withdrawn; (iii) send notices to applicants confirming voluntary withdrawals for Medicaid in accord with 42 C.F.R. 435.913 and document such withdrawals pursuant to 7 C.F.R. 273.2(c)(6); and (iv) provide adequate and timely notice by correctly completing certain documentation. The injunction also required the state to supervise the city and make sure it met the obligations of the injunction.

On January 13, 2005, the plaintiffs moved for reconsideration of the part of the December order in which the court concluded that 8 N.Y.C.R.R. § 387.8(a)(2)(i)(a) did not confer a privately enforceable right of action and that plaintiffs’ claim under New York Social Services Law § 133 was barred by the doctrine of sovereign immunity. The court granted the motion and reversed its earlier decisions on these points on February 14, 2005. Final judgement was entered on December 14, 2005; at this time, the court also granted the plaintiffs a declaratory judgment that city officials had failed to provide the class with the obligations required of them by the relevant federal programs and further specified the parameters of the permanent injunction.

A stipulation and order resolving the issue of attorney fees was reached on January 31, 2007. The city agreed to pay the plaintiff class a total of $2,559,675.94 for the attorneys' fees incurred up through December 14, 2005. The state agreed to pay $639,918.98 for the plaintiffs' fees for the same period.

Both the state and the city appealed the permanent injunction to the U.S. Court of Appeals for the Second Circuit on January 12, 2006, but the city dropped its appeal shortly afterward. On October 31, 2007, the Second Circuit reversed the district court, ruling that the state did not have a non-delegable duty to administer the decentralized Medicaid and Food Stamp programs, the state’s efforts in supervising the city since the permanent injunction was issued were adequate, and the district court exceeded its authority by issuing a permanent injunction despite New York State’s affirmative supervisory steps it had taken to assure compliance. The Second Circuit ruling dismissed the claims against the state defendants, reversed the permanent injunction, and altered those parts of the December 14, 2005 judgement addressing the state government.

In a second stipulation and order from April 23, 2010, the City of New York agreed to pay a further $275,000.00 to the plaintiffs for attorney fees and costs from December 15, 2005 through December 14, 2008. A third stipulation and order from December 22, 2010, had the New York City Human Resources Administration (HRA), the agency in charge of implementing the changes at issue in this case, identify households which required but did not receive a separate food stamp determination between December 15, 2005 and November 30, 2006, as a result of an application at a job center in which a request for public assistance was denied, and restore those benefits.

A final stipulation and order was issued on July 22, 2011, in which the city agreed to pay $86,000.00 in attorneys' fees and costs sought to the plaintiffs for the period between December 15, 2008 and June 14, 2010. This was the most recent item on the docket; the case is now closed.

Summary Authors

John Duffield (7/22/2021)

People


Judge(s)

Cardamone, Richard J. (New York)

Pauley, William H. III (New York)

Straub, Chester J. (New York)

Wallace, William James (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Callagy, Anne (New York)

Carden, Constance P. (New York)

Cohan, Marc (New York)

Colon, Esperanza (New York)

Gold, Joshua (New York)

Judge(s)

Cardamone, Richard J. (New York)

Pauley, William H. III (New York)

Straub, Chester J. (New York)

Wallace, William James (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Callagy, Anne (New York)

Carden, Constance P. (New York)

Cohan, Marc (New York)

Colon, Esperanza (New York)

Gold, Joshua (New York)

Goldfein, Joshua E. (New York)

Holder, Adriene L. (New York)

Jeffrey, Randall S. (New York)

Kelleher, Kathleen M. (New York)

Lamb, Christopher D. (New York)

Lee, Hwan-Hui Helen (New York)

Parkin, Jason (New York)

Rosenberg, Scott Alan (New York)

Rosenfeld, Kenneth (New York)

Scharf, Rebecca L. (New York)

Schulman, Yisroel (New York)

Tasheff, Petra T. (New York)

Werner, Miriam (New York)

Zentner, Camille (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Cuomo, Andrew M. (New York)

Hershler, James M. (New York)

Pines, Jonathan (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

July 22, 2011 Docket
6

Memorandum and Order [Denying Motion to Videotape Proceedings]

1999 WL 9836

Jan. 7, 1999 Order/Opinion
9

Memorandum and Order [Denying Defendants' Motion in Limine]

1999 WL 33027

Jan. 21, 1999 Order/Opinion
10

Memorandum and Order [Granting Injunction in Part]

35 F.Supp.2d 331

Jan. 26, 1999 Order/Opinion
66

Memorandum and Order [Modifying Injunction]

43 F.Supp.2d 492

May 24, 1999 Order/Opinion
125

Memorandum and Order [Granting Motion for Class Certification]

118 F.Supp.2d 352

July 21, 2000 Order/Opinion
205

Amended Memorandum and Opinion [Regarding a Permanent Injunction]

2005 WL 342106

Feb. 14, 2005 Order/Opinion
206

Order [Withdrawing Memorandum and Opinion]

2005 WL 351729

Feb. 14, 2005 Order/Opinion
216

Judgment

2005 WL 3428213

Dec. 14, 2005 Order/Opinion
251

Stipulation for a Partial Withdrawal of Appeal

U. S. Court of Appeals for the Second Circuit

Oct. 20, 2006 Order/Opinion

Resources

Title Description External URL

Reforming Welfare after Welfare Reform -- Reynolds v. Giuliani

Alice Bers

Part I of this Recent Development provides background on welfare in New York City and describes conditions at the Job Centers. Part II describes the Reynolds litigation from the filing of the complai… July 19, 2017 https://harvardcrcl.org/wp-content/uploads/sites/10/2015/07/Reforming-Welfare-after-Welfare-Reform-Reynolds-v.-Giuliani.pdf

Docket

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

ECF Number Description Date Link
1

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

Dec. 16, 1998

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

Dec. 16, 1998
3

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)

Dec. 16, 1998
4

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)

Dec. 16, 1998
2

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)

Dec. 17, 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)

Dec. 18, 1998

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

Dec. 18, 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)

Dec. 21, 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)

Dec. 23, 1998
5

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)

Dec. 28, 1998

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

Jan. 6, 1999
6

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)

Jan. 7, 1999

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

Jan. 12, 1999

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

Jan. 13, 1999

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

Jan. 14, 1999

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

Jan. 15, 1999

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

Jan. 15, 1999
8

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)

Jan. 19, 1999

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

Jan. 19, 1999

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

Jan. 20, 1999
9

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)

Jan. 21, 1999

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

Jan. 21, 1999

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

Jan. 22, 1999
33

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)

Jan. 22, 1999
10

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)

Jan. 26, 1999
11

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

Jan. 26, 1999
12

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

Jan. 26, 1999
13

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

Jan. 26, 1999
14

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

Jan. 26, 1999
15

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

Jan. 26, 1999
16

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

Jan. 26, 1999
17

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

Jan. 26, 1999
18

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

Jan. 26, 1999
19

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

Jan. 26, 1999
20

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

Jan. 26, 1999
21

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

Jan. 26, 1999
22

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

Jan. 26, 1999
23

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

Jan. 26, 1999
24

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

Jan. 26, 1999
25

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

Jan. 26, 1999
26

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)

Jan. 29, 1999
27

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)

Jan. 29, 1999
28

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

Feb. 1, 1999
29

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

Feb. 1, 1999
30

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

Feb. 1, 1999
37

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)

Feb. 10, 1999
31

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)

Feb. 16, 1999

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

Feb. 16, 1999
32

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

Feb. 19, 1999
34

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)

March 1, 1999

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

March 1, 1999
35

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)

March 3, 1999
36

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

March 9, 1999

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

March 10, 1999

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

March 11, 1999

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

March 12, 1999
38

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)

March 16, 1999
39

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)

March 17, 1999
40

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)

March 17, 1999
41

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)

March 17, 1999

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

March 19, 1999
42

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)

March 19, 1999
43

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)

March 22, 1999
44

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)

March 22, 1999
45

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)

March 22, 1999

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

March 24, 1999
46

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

March 25, 1999
47

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

March 26, 1999
48

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

March 29, 1999
49

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)

March 29, 1999
50

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)

March 31, 1999
51

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)

March 31, 1999
52

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)

March 31, 1999
53

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)

April 8, 1999

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

April 8, 1999

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

April 19, 1999

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

April 20, 1999
54

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

April 23, 1999
55

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

April 27, 1999
56

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)

April 29, 1999
57

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

April 29, 1999
58

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

April 30, 1999
63

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

May 3, 1999
64

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

May 3, 1999
59

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)

May 5, 1999
60

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)

May 5, 1999
61

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)

May 5, 1999
62

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)

May 5, 1999
65

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

May 6, 1999
66

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)

May 24, 1999

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

June 3, 1999
67

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

June 8, 1999
68

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

June 8, 1999
69

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

June 8, 1999
70

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)

June 11, 1999

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

June 11, 1999
71

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)

June 15, 1999
72

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

June 22, 1999

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

June 24, 1999

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

July 8, 1999

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Dec. 16, 1998

Closing Date: July 22, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All New York City residents who have sought, are seeking, or will seek to apply for food stamps, Medicaid, and/or cash assistance at a Job Center.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of New York (New York City), City

New York City Human Resources Administration (New York City), City

New York State Office of Temporary and Disability Assistance, State

New York State Department of Health, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Amount Defendant Pays: 3,560,594.92

Order Duration: 1999 - 2007

Content of Injunction:

Auditing

Monitoring

Preliminary relief granted

Issues

General:

Government Services

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Type of Facility:

Government-run

Benefit Source:

Food stamps

Medicaid

Temporary Assistance for Needy Families (TANF)