Case: United States v. NYC Housing Authority, Davis v. NYC Housing Authority

United States v. NYC Housing Authority

Davis v. NYC Housing Authority

Davis v. NYC Housing Authority, United States v. NYC Housing Authority

Davis v. NYC Housing Authority, United States v. NYC Housing Authority

Davis v. NYC Housing Authority, United States v. NYC Housing Authority

Davis v. NYC Housing Authority, United States v. NYC Housing Authority

Davis v. NYC Housing Authority, United States v. NYC Housing Authority

Davis v. NYC Housing Authority, United States v. NYC Housing Authority

Davis v. NYC Housing Authority, United States v. NYC Housing Authority

U.S. Court of Appeals for the Second Circuit

Davis v. NYC Housing Authority, United States v. NYC Housing Authority

George Galster et al.

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (jh) (Entered: 01/29/1992)

AMENDED COMPLAINT by Cynthia Williams, Pauline Davis , (Answer due 6/11/90 for New York City Housin ) amending [1−1] complaint against Cornelia Simmons, Kim Rivera; Summons issued. (jh) (Entered: 01/29/1992)

Intervenor's COMPLAINT by Blanca Iris Hernandez, Gina Campbell, Jeanette Vargas against New York City Housin (jh) (Entered: 01/29/1992)

ANSWER by New York City Housin (Attorney Shira A. Scheindlin) to amended complaint ; Firm of: Herzfeld &Rubin by attorney Shira A. Scheindlin for defendant New York City Housin (jh) (Entered: 01/29/1992)

STIPULATION and ORDER Regarding Notice of Proposed Settlement &Hearing Purs. to Fed. R. Civ. P. 23(e), that a hearing on the fairness and adequacy of the Consent Decree shall be held on 11/6/92 at the United States Courthouse, Room 402, Foley Square, New York, New York. So Ordered. ( signed by Judge Pierre N. Leval ). (sc) (Entered: 07/30/1992)

DECLARATION in support of entry of consent decree (cd) (Entered: 11/02/1992)

MEMORANDUM by New York City Housin in support of entry of consent decree (cd) (Entered: 11/02/1992)

DECLARATION in support of fairness and adequacy of consent decree by Cynthia Williams, Pauline Davis, Cornelia Simmons, Kim Rivera (cd) (Entered: 11/02/1992)

MEMORANDUM by New York City Housin in support of the fairness and adequacy of the Davis settlement and the entry of the consent decree and in response to comments submitted by interested persons (cd) (Entered: 11/02/1992)

Exhibit list by Cynthia Williams, Pauline Davis, Cornelia Simmons, Kim Rivera; exhibits to declaration of S. Rosenberg (cd) (Entered: 11/19/1992)

Exhibit list by Cynthia Williams, Pauline Davis, Cornelia Simmons, Kim Rivera; exhibits to declaration of S. Rosenberg, vol 2 (cd) (Entered: 11/19/1992)

Exhibit list by Cynthia Williams, Pauline Davis, Cornelia Simmons, Kim Rivera; exhibits to declaration of S. Rosenberg, vol 3 (cd) (Entered: 11/19/1992)

ORDER, that arguments in opposition to the proposed settlemnt have been considered, and being without merit, the consent decree is approved. ( signed by Judge Pierre N. Leval ); Copies mailed (cd) (Entered: 11/17/1992)

JUDGMENT # 92,2560, consent decree that within 30 days after entry of this consent decree, the Housing Authority shall pay to the Legal Aid Society, on behalf of the named plntf, $60,000 in satisfaction of the named plntfs claims for monetary damages in Davis v NYC Housing Authority; the housing authority shall pay to counsel for the Davis plntf $40,000 plus the cost of atoll−free telephone line .... ( signed by Judge Pierre N. Leval ); Mailed copies and notice of right to appeal. (cd) (Entered: 11/17/1992)

Case closed (cd) (Entered: 11/17/1992)

OPINION AND ORDER# 70868, approving the proposed Consent Decree ( Signed by Judge Pierre N. Leval ); Copies mailed. (jr) (Entered: 12/31/1992)

RESPONSE by New York City Housin Re: [49−2] order (jr) (Entered: 01/06/1993)

Letter filed dated November 10, 1992 re Objection to proposed Consent Decree. (jr) (Entered: 01/06/1993)

Letter filed by Jawandi R. Pender to Judge Leval dated November 10, 1992 re Proposed Consent Decree (jr) (Entered: 01/06/1993)

Letter filed from Steven M. Bernstein to Judge Leval by New York City Housin dated September 21, 1992 re Comment on Tenant Selection and Assignment Plan (jr) (Entered: 01/06/1993)

Filed Public Comments of the Honorable Alfred C. Cerullo, III on the Consent Decree. (jr) (Entered: 01/06/1993)

Testimony of New York City Counsilman John A. Fusco in opposition to the above captioned consent decree. (jr) (Entered: 01/06/1993)

Letter filed from John A. Fusco to Judge Leval dated September 22, 1992 re Census statistics as to Mr. Fusco's Public Comments. (jr) (Entered: 01/06/1993)

Filed Statement of Manhattan Borough President Ruth W. Messinger in support of the Proposed Consent Decree. (jr) (Entered: 01/06/1993)

Comments of New York City counsil Member jerome X. O'Donovan in opposition to the proposed Consent Decree. (jr) (Entered: 01/06/1993)

Letter filed by Larry and Anna Hayes to Pauline Davis dated August 27, 1992 re Proposed Settlement (jr) (Entered: 01/06/1993)

Letter filed by Jacqueline Franks to Judge Leval dated August 30, 1992 re In support of Consent Decree (jr) (Entered: 01/06/1993)

Transcript of record of proceedings filed for dates of November 6, 1992 (jr) (Entered: 02/25/1993)

NOTICE OF MOTION by the United States of America for an enjoing New York City Housing Authority from proceeding with its plan for tenanting the Berry Street Project as set forth in the papers submitted to this Court on October 8, 1993 , Return date 11/5/93 (jr) (Entered: 10/20/1993)

MEMORANDUM OF LAW in support of [62−1] motion for an enjoing New York City Housing Authority from proceeding with its plan for tenanting the Berry Street Project as set forth in the papers submitted to this Court on October 8, 1993 (jr) (Entered: 10/20/1993)

NOTICE OF CROSS MOTION by Kim Rivera, Cornelia Simmons, Cynthia Williams, Pauline Davis for permanent injunction , Return date 11/5/93 (jr) (Entered: 10/22/1993)

MEMORANDUM OF LAW by Kim Rivera, Cornelia Simmons, Cynthia Williams, Pauline Davis in support of [64−1] cross motion for permanent injunction (jr) (Entered: 10/22/1993)

REPLY MEMORANDUM OF LAW by New York City Housin re: Defendant's motion to clarify the consent decress and opposition to plaintiffs' cross−motion to enjoin defendant's plan to tenant the Berry Street Project. (jr) (Entered: 10/29/1993)

AFFIDAVIT in support of Shira A. Scheindlin by New York City Housin Re: Motion to clarify the Consent Decree and in opposition to Plaintiffs' motion to enjoin the Housing Authority's Plan to Tenant the Berry STreet project. (jr) (Entered: 10/29/1993)

NOTICE OF MOTION by United Jewish Organizations of Williamsburg, Inc. for leave to appear as amicus curiae and serve and filed the afirmation of Paul M. Giddins, Esq., dated 10/29/93 , Return date 11/8/93 (jr) (Entered: 10/29/1993)

MEMORANDUM OF LAW by United Jewish Organizations of Williamsburg, Inc. in support of [68−1] motion for leave to appear as amicus curiae and serve and filed the afirmation of Paul M. Giddins, Esq., dated 10/29/93 (jr) (Entered: 10/29/1993)

ORDER TO SHOW CAUSE by New York City Housin Show Cause Hearing set for 10/19/93 as to why defendant New York City Housing Authority's motion to clarify the Consent Decree dated 12/30/92 should not be granted ; Copies mailed. (jr) (Entered: 11/02/1993)

AFFIDAVIT of Kenneth K. Fisher by New York City Housin Re: to correct the record to the extent that affidavits and exhibits have mischaracterized my positions and discussions in which I participated.... (ys) (Entered: 11/12/1993)

NOTICE OF MOTION for an order granting leave to the United Jewish Organizations of Willamsburg, Inc. to appear amicus curiae and serve and file the affirmation of Paul M. Giddins, Esq., dated 10/29/93 , Return date 11/5/93 (jr) (Entered: 11/12/1993)

REPLY MEMORANDUM OF LAW by Kim Rivera, Cornelia Simmons, Cynthia Williams, Pauline Davis re: [64−1] cross motion for permanent injunction (jr) (Entered: 11/16/1993)

DECLARATION of Martha Dusenberry Pohl in support by Kim Rivera, Cornelia Simmons, Cynthia Williams, Pauline Davis [64−1] cross motion for permanent injunction (jr) (Entered: 11/16/1993)

AFFIDAVIT in support of Shira A. Scheindlin by New York City Housin Re: [70−1] motion as to why defendant New York City Housing Authority's motion to clarify the Consent Decree dated 12/30/92 should not be granted (jr) (Entered: 11/18/1993)

MEMORANDUM OF LAW by New York City Housin in support of [70−1] motion as to why defendant New York City Housing Authority's motion to clarify the Consent Decree dated 12/30/92 should not be granted (jr) (Entered: 11/19/1993)

SUPPLEMENTAL DECLARATION in opposition by Kim Rivera, Cornelia Simmons, Cynthia Williams, Pauline Davis [75−1] affidavit (jr) (Entered: 11/19/1993)

AFFIDAVIT of Shira A. Scheindlin by New York City Housin Re: Updating original affirmation of October 28, 1993. (jr) (Entered: 11/22/1993)

OPINION # 72444 granting [70−1] motion as to why defendant New York City Housing Authority's motion to clarify the Consent Decree dated 12/30/92 should not be granted granting [64−1] cross motion for permanent injunction, to prohibit the deft's use of dual lists for "Larger Apartments" in the tenanting of the Berry Street project. Settle order on notice ( Signed by Judge Robert W. Sweet ); Copies mailed. (mk) Modified on 12/08/1993 (Entered: 12/08/1993)

Letter filed by Shira A. Scheindlin for New York City Housin dated 11/19/93 re submitting the enclosed supplemental affirmation (Dktd. &fld. per instr. of Chambers) (mk) (Entered: 12/21/1993)

ORDER, Submit Order for settlement on 12−27−93 ( signed by Judge Robert W. Sweet ); Copies mailed (Also fld. in 90 civ 4873) (mk) (Entered: 12/28/1993)

ORDER, Deft's motion fto clarify the terms of the Consent Decree to permit the deft to use transfer applicants in tenanting new projects is granted granting [62−1] motion for an enjoing New York City Housing Authority from proceeding with its plan for tenanting the Berry Street Project as set forth in the papers submitted to this Court on October 8, 1993, etc... ( signed by Judge Robert W. Sweet ); Copies mailed (mk) Modified on 07/23/2001 (Entered: 01/03/1994)

Letter filed by Kim Rivera, Cornelia Simmons, Cynthia Williams, Pauline Davis dated 12/20/93 re counterproposal to defts' proposed order (sc) (Entered: 01/06/1994)

Fld. Defendant's Proposed Order. (sc) (Entered: 01/06/1994)

Transcript of record of proceedings filed for dates of November 18, 1993 (dd) (Entered: 05/03/1994)

Transcript of record of proceedings filed for dates of 12/21/93 (rag) (Entered: 05/04/1994)

Letter filed addressed to Judge Sweet from counsel for pltff class, dated 8/23/96 re letter of Nather Evans (emil) (Entered: 09/24/1996)

Letter filed addressed to Judge Sweet from Nather Evans, date not indicated re to inform the Court of termination of lease (emil) (Entered: 09/24/1996)

Filed Memo_Endorsement on letter, in view of the letter of cousnel for the class of 8/23, no further action seems appropriate at this time and to the extent that this letter represents siuch a request it is denied ( signed by Judge Robert W. Sweet ) (cd) (Entered: 09/26/1996)

MEMORANDUM &ORDER the Pltffs are hereby granted 30 days from the date this order is filed to make objections to the proposed changes to the TSAP. ( signed by Judge Robert W. Sweet ); Copies mailed (lam) (Entered: 10/02/1996)

Letter filed to Judge Sweet from Scott A. Rosenberg for pltff. Class in Davis v. NY City Housing Auth. dated 7/19/96 re Accordingly, HUD's failure to complete its review of NYCH's proposed changes constitutes good cause for extending the time for filing formal objections to them w/in the meaning of par. 6(b). Since NYCHA has not consented to such an extension, are requesting that the Court so−order an extension of 60 days bedyond the date that HUD renders a decisionon NYCHA's request for modifications. (docket &file as per chmbrs.) (ls) Modified on 10/02/1996 (Entered: 10/02/1996)

Letter filed to Judge Sweet from Neil M. Corwin, Asst. U.S. Attny. for pltff. (in related case no. 92 civ 4873) U.S.A. dated 7/26/96 re For the reasons stated in the 7/19/96 letter, the U.S. respectfully supports the request to afford the pltff. class additional time to respond to NYCHA's proposed modifications to the TSAP. (docket &file as per chmbrs.) the (ls) (Entered: 10/02/1996)

Letter filed to Judge Sweet from Scott A. Rosenberg for pltff. class in Davis v. NYCHA dated 8/29/96 re ...If these proposals are agreeable, we would consent to disposition of the motion along these lines. Otherwise, we request 60 days from the return date of the motion to file any objections to the change concerning local preferences, and an extension of time to file objections, if any, to the change concerning project choice to 60 days after we receive any notice that HUD approved it. We request prompt notification of any such change approved by HUD. In either event, of course, we reserve our right to bring to the Court's attention any instance in whcih NYCHA fails to comply w/ the terms of the HUD letter dtd. 7/31/96. (docket and file as per chmbrs.) (ls) (Entered: 10/02/1996)

Letter filed to Judge Sweet from Stephen W. Goodman for New York City Housin dated 9/4/96 re Due to HUD's delay, the Housing Auth. has been forced to wait more than a yr. to begin implementing changes essential to its statutory mission and its cont'd. vitality. Pltffs. now ask the Court to rewrite the consent decree to give them a second opportunity to oppose these changes. For all the reasons set forth above, tahe Court should deny their motion. (docket and file as per chmbrs.) (ls) (Entered: 10/02/1996)

Letter filed by Pauline Davis dated 9/9/96 re Accordingly, we ask that the C (ls) (Entered: 10/02/1996)

Letter filed to Judge Sweet from Stephen W. Goodman for New York City Housin dated 9/12/96 re This is to supplement my letter to the Court from yesturday....In my rush to prepare that letter for the Clurt before oral argument, I did not have time to explain why the housing Authority changed its mind between 11/18/94, and 7/13/95, about the timing of its notice to pltffs. Since that explanation goes to the heart of the issue before the Court, it is important for the Court to have that explanation before rendering a decision... (docket &file as per chmbrs.) (ls) Modified on 10/02/1996 (Entered: 10/02/1996)

Letter filed to Judge Sweet from Scott A. Rosenberg for pltff. Class in Davis v. NYCHA dated 9/17/96 re I write in brief reply to what has blossomed into a full flowering of surreply letters in these actions from the NYC Housing Auth. NYCHA now admits that it "changed its mind" about the timing of judicial review over TSAP changes... (docket and file as per chmbrs.) (ls) (Entered: 10/02/1996)

Before J Sweet; Pre−trial conference held (cd) (Entered: 10/29/1996)

NOTICE OF MOTION by Kim Rivera, Cornelia Simmons, Cynthia Williams, Pauline Davis preliminarily enjoining modifications to the Tenant Selection and Assignment Plan ("TSAP") of the New York city Housing Authority until plaintiffs' objections to such modifications can be resolved.... , Return date 12/18/96 (pl) (Entered: 11/19/1996)

AFFIDAVIT of Leonard A. Cupingood, Ph.D Re: [99−1] motion preliminarily enjoining modifications to the Tenant Selection and Assignment Plan ("TSAP") of the New York city Housing Authority until plaintiffs' objections to such modifications can be resolved.... (pl) (Entered: 11/19/1996)

DECLARATION of Scott A. Rosenberg Re: [99−1] motion preliminarily enjoining modifications to the Tenant Selection and Assignment Plan ("TSAP") of the New York city Housing Authority until plaintiffs' objections to such modifications can be resolved.... . (pl) (Entered: 11/19/1996)

MEMORANDUM by Plaintiff Class in Davis in support of [99−1] motion preliminarily enjoining modifications to the Tenant Selection and Assignment Plan ("TSAP") of the New York city Housing Authority until plaintiffs' objections to such modifications can be resolved.... (pl) (Entered: 11/19/1996)

Letter filed dated 12/03/96 to Judge Sweet from Scott A. Rosenberg (djc) (Entered: 12/04/1996)

ORDER, reset NYCHA's opposition to plaintiffs motion for a preliminary injunction service deadline for 1/8/97 , reset Plaintiffs reply papers service deadline for 1/29/97 , reset oral argument set for 12:00 2/5/97 ...So Ordered....( signed by Judge Robert W. Sweet ); Copies mailed (pl) (Entered: 12/06/1996)

AFFIDAVIT of David W. Peterson, Phd. by New York City Housing Authority in response to the 11/14/96 affidavit of Leonard A. Cupingood re [99−1] affidavit (lam) (Entered: 01/15/1997)

AFFIDAVIT of Ruben Franco, Chairman of the Board of the New York City Housing Authority. (lam) (Entered: 01/15/1997)

MEMORANDUM OF LAW by New York City Housin in opposition to Plaintiffs' Objections to the Tenant Selection and Assignment Plan and Motionfor a Preliminary Injunction. (djc) (Entered: 01/15/1997)

REPLY MEMORANDUM by Pauline Davis re: objections to and motin to enjoin proposed chnages by deft (cd) (Entered: 02/04/1997)

ORDER, NYCHA is ordered to provide a courtesy copy of its papers to the Court on 2/26/97 , NYCHA's Response to motion reset to 3/5/96 for [99−1] motion preliminarily enjoining modifications to the Tenant Selection and Assignment Plan ("TSAP") of the New York city Housing Authority until plaintiffs' objections to such modifications can be resolved.... , Pltffs. Reply to Response to Motion reset to 3/10/97 for [99−1] motion preliminarily enjoining modifications to the Tenant Selection and Assignment Plan ("TSAP") of the New York city Housing Authority until plaintiffs' objections to such can be resolved.... , reset oral argument set for 4/2/97 ( signed by Judge Robert W. Sweet ); Copies mailed (ls) (Entered: 02/13/1997)

SECOND MEMORANDUM by New York City Housin in opposition to plntfs' objections to the tenant selection and assignment plan and motion for a preliminary injunction (cd) (Entered: 03/10/1997)

AFFIDAVIT in support of W. Steinmann by New York City Housin Re: [109−1] opposition memorandum (cd) (Entered: 03/10/1997)

AFFIDAVIT in support of D. Peterson by New York City Housin Re: [109−1] opposition memorandum (cd) (Entered: 03/10/1997)

SECOND REPLY MEMORANDUM by Kim Rivera, Cornelia Simmons, Cynthia Williams, Pauline Davis re: in opposition to proposed tenant selection and assignment plan charges. Fld in night deposit on 3/10/97 at 9:07 p.m. (emil) Modified on 03/11/1997 (Entered: 03/11/1997)

DECLARATION of Martha Cruz Re: in support of [99−1] motion preliminarily enjoining modifications to the Tenant Selection and Assignment Plan ("TSAP") of the New York city Housing Authority until plaintiffs' objections to such can be resolved; in support of pltffs' objections to proposed changes by the NYCHA to its Tenant Selection and Assignment Plan. Fld in night deposit on 3/10/97 at 9:07 p.m. (emil) (Entered: 03/11/1997)

Before J Sweet; Pre−trial conference held (cd) (Entered: 04/02/1997)

OPINION # 78950 denying [99−1] motion preliminarily enjoining modifications to the Tenant Selection and Assignment Plan ("TSAP") of the New York city Housing Authority until plaintiffs' objections to such modifications can be resolved.... ( Signed by Judge Robert W. Sweet ); Copies mailed. (ae) (Entered: 07/21/1997)

Faxed Letter filed by Scott A. Rosenberg, Director of Litigation at The Legal Aid Society, attys for pltffs dated 2/4/97 re urging that oral argument on the preliminary injunction proceed on schedule tomorrow 2/5/97. (lam) Modified on 08/05/1997 (Entered: 08/05/1997)

Letter filed by Stephen W. Goodman, atty for New York City Housing Authority dated 4/11/97 re responding more fully to inquiries posed by Judge Sweet at oral argument and to statements made by pltffs' counsel in his rebuttal. (lam) (Entered: 08/05/1997)

Letter filed by Scott A. Rosenberg of The Legal Aid Society, attys for Pauline Davis, Jeanette Vargas, Gina Campbell, Blanca Iris Hernandez, Kim Rivera, Cornelia Simmons, Cynthia Williams dated 4/17/97 re in response to the letter, dated 4/11/97, submitted by deft NYC Housing Authority without leave of court 9 days after oral argument in this case. (lam) (Entered: 08/05/1997)

NOTICE OF MOTION by New York City Housing Authority for reconsideration of [114−1] order . (kw) Modified on 08/08/1997 (Entered: 08/06/1997)

MEMORANDUM by New York City Housing in support of [118−1] motion for reconsideration of [114−1] order. (kw) (Entered: 08/06/1997)

NOTICE OF APPEAL by New York City Housin ; from [114−1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Scott A. Rosenberg, Valerie R. O'Brian, Esq. and Neil M. Corwin, Esq. $105.00 Appeal filing fee paid on receipt #

REPLY MEMORANDUM of LAW by New York City Housin re: in Further Support of [118−1] motion for reconsideration of [114−1] order (djc) (Entered: 08/27/1997)

Filed Memo Endorsement on letter to Judge Sweet from Scott Rosenberg, dated 10/23/97, extending time to 10/30/97 for plntf to respond to defts' Notice of Settlement and Proposed Order ( signed by Judge Robert W. Sweet ) (cd) Modified on 10/28/1997 (Entered: 10/27/1997)

MEMORANDUM OF LAW by Kim Rivera, Cornelia Simmons, Cynthia Williams, Pauline Davis in opposition to defendant's proposed order and in support of plaintiffs' proposed order. (ae) (Entered: 11/05/1997)

AFFIDAVIT in further support of Leonard A. Cupingood by Kim Rivera, Cornelia Simmons, Cynthia Williams, Pauline Davis to Re: plaintiffs' objections to proposed charges to the N.Y.C.H.A's (TSAP). (ae) Modified on 11/05/1997 (Entered: 11/05/1997)

Letter filed dated 09/18/97 to Judge Sweet from Stephen W. Goodman in re: response to plaintiff's letter of September 5, 1997. (djc) (Entered: 11/17/1997)

Letter filed by New York City Housing to Judge Sweet dated 11/5/97, re: opposing plaintiffs' proposed order submitted to the Court on 10/30/97, accompanied by a memorandum of law and a new affidavit from Leonard Cupingood (ae) (Entered: 11/17/1997)

UNSIGNED ORDER, regarding steps to be taken by Housing Authority. (ae) (Entered: 11/17/1997)

Letter filed by Henry Schoenfeld, attorney for New York City Housing dated 10/16/97 regarding proposed order. (kw) (Entered: 11/17/1997)

Letter filed by Henry Schoenfeld New York City Housing dated 10/24/97 regarding objection to Davis plaintiffs' 10/243/97 letter application for another extension of the deadline to respond to the Housing Authority's proposed order in the litigation. (kw) (Entered: 11/17/1997)

Letter filed by New York City Housin dated 9/5/97 re in support of NYCHA's pending motion to reargue (ls) (Entered: 11/17/1997)

UNSIGNED ORDER, the Housing Authority may implement the working−family preference as proposed, provided that families with priority codes L3 and F3 may not select or be certified to any project where white families constitute more than 30% of the families at the project; the Housing Authority may extend limited project choice to families requiring three of four−bedroom apartments ; (docket &filed as per instructions of chambers) (sac) Modified on 11/20/1997 (Entered: 11/17/1997)