Case: Reynolds v. Giuliani

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

Filed Date: Dec. 16, 1998

Case Ongoing

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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12084721/parties/reynolds-v-giuliani/


Judge(s)

Cardamone, Richard J. (New York)

Attorney for Plaintiff

Banks, Steven (New York)

Callagy, Anne (New York)

Carden, Constance P. (New York)

Attorney for Defendant

Cardozo, Michael A. (New York)

show all people

Documents in the Clearinghouse

Document

1:98-cv-08877

Docket (PACER)

July 22, 2011

July 22, 2011

Docket
6

1:98-cv-08877

Memorandum and Order [Denying Motion to Videotape Proceedings]

Jan. 7, 1999

Jan. 7, 1999

Order/Opinion

1999 WL 9836

9

1:98-cv-08877

Memorandum and Order [Denying Defendants' Motion in Limine]

Jan. 21, 1999

Jan. 21, 1999

Order/Opinion

1999 WL 33027

10

1:98-cv-08877

Memorandum and Order [Granting Injunction in Part]

Jan. 26, 1999

Jan. 26, 1999

Order/Opinion

35 F.Supp.2d 331

66

1:98-cv-08877

Memorandum and Order [Modifying Injunction]

May 24, 1999

May 24, 1999

Order/Opinion

43 F.Supp.2d 492

125

1:98-cv-08877

Memorandum and Order [Granting Motion for Class Certification]

July 21, 2000

July 21, 2000

Order/Opinion

118 F.Supp.2d 352

205

1:98-cv-08877

Amended Memorandum and Opinion [Regarding a Permanent Injunction]

Feb. 14, 2005

Feb. 14, 2005

Order/Opinion

2005 WL 342106

206

1:98-cv-08877

Order [Withdrawing Memorandum and Opinion]

Feb. 14, 2005

Feb. 14, 2005

Order/Opinion

2005 WL 351729

216

1:98-cv-08877

Judgment

Dec. 14, 2005

Dec. 14, 2005

Order/Opinion

2005 WL 3428213

251

06-00283

Stipulation for a Partial Withdrawal of Appeal

U.S. Court of Appeals for the Second Circuit

Oct. 20, 2006

Oct. 20, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12084721/reynolds-v-giuliani/

Last updated Oct. 5, 2024, 12:53 p.m.

ECF Number Description Date Link 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

Dec. 16, 1998

PACER

Magistrate Judge Buchwald is so Designated. (em)

Dec. 16, 1998

Dec. 16, 1998

PACER
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

Dec. 16, 1998

PACER
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

Dec. 16, 1998

PACER
1

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

Dec. 16, 1998

Dec. 16, 1998

PACER

Magistrate Judge Buchwald is so Designated. (em)

Dec. 16, 1998

Dec. 16, 1998

PACER
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

Dec. 16, 1998

PACER
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

Dec. 16, 1998

PACER
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

Dec. 17, 1998

PACER
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

Dec. 17, 1998

PACER

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)

Dec. 18, 1998

Dec. 18, 1998

PACER

Pre-trial conference set at 10:00 12/23/98 (lam)

Dec. 18, 1998

Dec. 18, 1998

PACER

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)

Dec. 18, 1998

Dec. 18, 1998

PACER

Pre-trial conference set at 10:00 12/23/98 (lam)

Dec. 18, 1998

Dec. 18, 1998

PACER

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)

Dec. 21, 1998

Dec. 21, 1998

PACER

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)

Dec. 21, 1998

Dec. 21, 1998

PACER

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

Dec. 23, 1998

Dec. 23, 1998

PACER

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

Dec. 23, 1998

Dec. 23, 1998

PACER
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

Dec. 28, 1998

PACER
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

Dec. 28, 1998

PACER
7

NOTICE OF SUPPLEMENTAL MOTION SUPPLEMENTING: an order to show cause by intervener Posr A. Posr to audio-visually record, with a video camera the proceedings in this case ; Return date of 9:30 a.m. on 1/11/99. (kw) (Entered: 01/11/1999)

Jan. 6, 1999

Jan. 6, 1999

PACER

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

Jan. 6, 1999

Jan. 6, 1999

PACER
7

NOTICE OF SUPPLEMENTAL MOTION SUPPLEMENTING: an order to show cause by intervener Posr A. Posr to audio-visually record, with a video camera the proceedings in this case ; Return date of 9:30 a.m. on 1/11/99. (kw) (Entered: 01/11/1999)

Jan. 6, 1999

Jan. 6, 1999

PACER

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

Jan. 6, 1999

Jan. 6, 1999

PACER
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

Jan. 7, 1999

Clearinghouse
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

Jan. 7, 1999

Clearinghouse

Telephone conference held and concluded before Judge Pauley. (kw)

Jan. 12, 1999

Jan. 12, 1999

PACER

Telephone conference held and concluded before Judge Pauley. (kw)

Jan. 12, 1999

Jan. 12, 1999

PACER

Telephone conference held and concluded before Judge Pauley. (kw)

Jan. 13, 1999

Jan. 13, 1999

PACER

Telephone conference held and concluded before Judge Pauley. (kw)

Jan. 13, 1999

Jan. 13, 1999

PACER

Telephone conference held before and concluded before Judge Pauley. (kw)

Jan. 14, 1999

Jan. 14, 1999

PACER

Telephone conference held before and concluded before Judge Pauley. (kw)

Jan. 14, 1999

Jan. 14, 1999

PACER

Telephone conference held and concluded before Judge Pauley. (kw)

Jan. 15, 1999

Jan. 15, 1999

PACER

Telephone conference held and concluded before Judge Pauley. (kw)

Jan. 15, 1999

Jan. 15, 1999

PACER
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

Jan. 19, 1999

PACER

Telephone conference held and concluded before Judge Pauley. (kw)

Jan. 19, 1999

Jan. 19, 1999

PACER
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

Jan. 19, 1999

PACER

Telephone conference held and concluded before Judge Pauley. (kw)

Jan. 19, 1999

Jan. 19, 1999

PACER

Motion hearing on preliminary injunction/TRO begun before Judge Pauley. (kw)

Jan. 20, 1999

Jan. 20, 1999

PACER

Motion hearing on preliminary injunction/TRO begun before Judge Pauley. (kw)

Jan. 20, 1999

Jan. 20, 1999

PACER
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

Jan. 21, 1999

Clearinghouse

Motion hearing before Judge Pauley continued. (kw)

Jan. 21, 1999

Jan. 21, 1999

PACER
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

Jan. 21, 1999

Clearinghouse

Motion hearing before Judge Pauley continued. (kw)

Jan. 21, 1999

Jan. 21, 1999

PACER

Motion hearing continued and concluded before Judge Pauley. (kw)

Jan. 22, 1999

Jan. 22, 1999

PACER
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

Jan. 22, 1999

PACER

Motion hearing continued and concluded before Judge Pauley. (kw)

Jan. 22, 1999

Jan. 22, 1999

PACER
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

Jan. 22, 1999

PACER
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

Jan. 26, 1999

Clearinghouse
11

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

Jan. 26, 1999

Jan. 26, 1999

PACER
12

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

Jan. 26, 1999

Jan. 26, 1999

PACER
13

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

Jan. 26, 1999

Jan. 26, 1999

PACER
14

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

Jan. 26, 1999

Jan. 26, 1999

PACER
15

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

Jan. 26, 1999

Jan. 26, 1999

PACER
16

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

Jan. 26, 1999

Jan. 26, 1999

PACER
17

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

Jan. 26, 1999

Jan. 26, 1999

PACER
18

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

Jan. 26, 1999

Jan. 26, 1999

PACER
19

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

Jan. 26, 1999

Jan. 26, 1999

PACER
20

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

Jan. 26, 1999

Jan. 26, 1999

PACER
21

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

Jan. 26, 1999

Jan. 26, 1999

PACER
22

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

Jan. 26, 1999

Jan. 26, 1999

PACER
23

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

Jan. 26, 1999

Jan. 26, 1999

PACER
24

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

Jan. 26, 1999

Jan. 26, 1999

PACER
25

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

Jan. 26, 1999

Jan. 26, 1999

PACER
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

Jan. 26, 1999

Clearinghouse
11

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

Jan. 26, 1999

Jan. 26, 1999

PACER
12

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

Jan. 26, 1999

Jan. 26, 1999

PACER
13

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

Jan. 26, 1999

Jan. 26, 1999

PACER
14

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

Jan. 26, 1999

Jan. 26, 1999

PACER
15

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

Jan. 26, 1999

Jan. 26, 1999

PACER
16

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

Jan. 26, 1999

Jan. 26, 1999

PACER
17

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

Jan. 26, 1999

Jan. 26, 1999

PACER
18

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

Jan. 26, 1999

Jan. 26, 1999

PACER
19

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

Jan. 26, 1999

Jan. 26, 1999

PACER
20

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

Jan. 26, 1999

Jan. 26, 1999

PACER
21

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

Jan. 26, 1999

Jan. 26, 1999

PACER
22

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

Jan. 26, 1999

Jan. 26, 1999

PACER
23

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

Jan. 26, 1999

Jan. 26, 1999

PACER
24

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

Jan. 26, 1999

Jan. 26, 1999

PACER
25

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

Jan. 26, 1999

Jan. 26, 1999

PACER
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

Jan. 29, 1999

PACER
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

Jan. 29, 1999

PACER
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

Jan. 29, 1999

PACER
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

Jan. 29, 1999

PACER
28

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

Feb. 1, 1999

Feb. 1, 1999

PACER
29

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

Feb. 1, 1999

Feb. 1, 1999

PACER
30

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

Feb. 1, 1999

Feb. 1, 1999

PACER
28

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

Feb. 1, 1999

Feb. 1, 1999

PACER
29

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

Feb. 1, 1999

Feb. 1, 1999

PACER
30

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

Feb. 1, 1999

Feb. 1, 1999

PACER
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

Feb. 10, 1999

PACER
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

Feb. 10, 1999

PACER
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

Feb. 16, 1999

PACER

Telephone conference held before Judge Pauley. Contested issue - yes. (kw)

Feb. 16, 1999

Feb. 16, 1999

PACER
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

Feb. 16, 1999

PACER

Telephone conference held before Judge Pauley. Contested issue - yes. (kw)

Feb. 16, 1999

Feb. 16, 1999

PACER
32

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

Feb. 19, 1999

Feb. 19, 1999

PACER
32

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

Feb. 19, 1999

Feb. 19, 1999

PACER

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

Feb. 24, 1999

Feb. 24, 1999

PACER

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

Feb. 24, 1999

Feb. 24, 1999

PACER

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 16, 1998

Closing Date: July 22, 2011

Case Ongoing: Yes

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

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Content of Injunction:

Preliminary relief granted

Auditing

Monitoring

Amount Defendant Pays: 3,560,594.92

Order Duration: 1999 - 2007

Issues

General/Misc.:

Government services

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

Benefits (Source):

Food stamps/SNAP

Medicaid

Temporary Assistance for Needy Families (TANF)