Case: Williston v. Eggleston

1:04-cv-04454 | U.S. District Court for the Southern District of New York

Filed Date: June 14, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On June 14, 2004, individuals and families potentially eligible for food stamps in New York City filed a lawsuit in the Southern District of New York under 7 U.S.C. § 2020 and 7 C.F.R. §273.2. The defendants to the lawsuit were the New York Department of Social Services and the New York State Office of Temporary and Disability Assistance (OTDA). The plaintiffs, represented by the Urban Justice Center, Welfare Law Center and the New York Legal Assistance Group, asked the court to permanently enj…

On June 14, 2004, individuals and families potentially eligible for food stamps in New York City filed a lawsuit in the Southern District of New York under 7 U.S.C. § 2020 and 7 C.F.R. §273.2. The defendants to the lawsuit were the New York Department of Social Services and the New York State Office of Temporary and Disability Assistance (OTDA). The plaintiffs, represented by the Urban Justice Center, Welfare Law Center and the New York Legal Assistance Group, asked the court to permanently enjoin the defendants from (1) failing to provide food stamps to eligible families within the federally-mandated time frames, (2) deterring needy families from applying for food stamps, (3) failing to provide expedited food stamps for eligible families within the federally-mandated time frames, and to (4) identify all parties unlawfully deterred and provide them with benefits. The plaintiffs also asked the to court to enter declarations stating the failures of the defendants' policies.

The plaintiffs alleged that the defendants have practices and policies in place that discourage, deter, and event eligible families from filing applications for Food Stamps. The plaintiffs also alleged that the state defendants failed to adequately oversee the city defendant's administration of Food Stamps.

Two additional individuals filed, and were granted, motions to intervene on July 14, 2005. The class was certified on March 3, 2008.

The District Court approved a settlement in 2008. Under the terms of the settlement, the defendants will: (1) screen all Food Stamp applications submitted to Food Stamp Centers for eligibility for expedited processing; and (2) provide Food Stamps to eligible households within five days if eligible for expedited food stamp processing, and within thirty days if otherwise eligible, unless the delay was caused by the household. OTDA must supervise The New York Department of Human Resources Administration/Department of Social Services's (HRA) implementation of the federal timeliness requirements.

The original settlement did not include cost of attorney fees. The parties disputed the cost of attorney fees in court for the next four years, until a settlement was reached where the plaintiffs were rewarded $65,000 in attorney fees in 2012.

Summary Authors

Daniel Fryer (10/5/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4886568/parties/williston-v-eggleston/


Judge(s)

Sweet, Robert Workman (New York)

Attorneys(s) for Plaintiff

Annexstein, Leslie T. (New York)

Bach, Wendy (New York)

Cohan, Marc (New York)

Devins, Elissa S. (New York)

Freedman, Henry A. (New York)

Goldstein, Elena Stacy (New York)

Jeffrey, Randall S. (New York)

Magida, Jennifer (New York)

Pujara, Munir (New York)

Judge(s)

Sweet, Robert Workman (New York)

Attorneys(s) for Plaintiff

Annexstein, Leslie T. (New York)

Bach, Wendy (New York)

Cohan, Marc (New York)

Devins, Elissa S. (New York)

Freedman, Henry A. (New York)

Goldstein, Elena Stacy (New York)

Jeffrey, Randall S. (New York)

Magida, Jennifer (New York)

Pujara, Munir (New York)

Sanghvi, Ami T. (New York)

Scharf, Rebecca L. (New York)

Schulman, Yisroel (New York)

Tasheff, Petra T. (New York)

Attorneys(s) for Defendant

Calhoun, Martha Anne (New York)

Cardozo, Michael A. (New York)

Cuomo, Andrew M. (New York)

Goldenberg, Abigail Lynne (New York)

Hochhauser, Deborah (New York)

Johnson, Jennifer Lynn (New York)

Kasbohm, Madonna Marie (New York)

Kraft, Robert Lewis (New York)

Spitzer, Eliot (New York)

Documents in the Clearinghouse

Document

1:04-cv-04454

Docket [PACER]

May 31, 2013

May 31, 2013

Docket
1

1:04-cv-04454

Complaint

June 15, 2004

June 15, 2004

Complaint

1:04-cv-04454

Individual Relief Form

No Court

June 15, 2005

June 15, 2005

Other
28

1:04-cv-04454

Opinion

2005 WL 1669008

July 19, 2005

July 19, 2005

Order/Opinion
30

1:04-cv-04454

Opinion

379 F.Supp.2d 561

July 29, 2005

July 29, 2005

Order/Opinion
37

1:04-cv-04454

Opinion

410 F.Supp.2d 274

Jan. 24, 2006

Jan. 24, 2006

Order/Opinion
82

1:04-cv-04454

Stipulation and Order of Settlement

Feb. 26, 2008

Feb. 26, 2008

Settlement Agreement
83-3

1:04-cv-04454

Notice of Proposed Settlement of Class Action Concerning the Timely Processing of Food Stamp Applications

Feb. 27, 2008

Feb. 27, 2008

Settlement Agreement
112

1:04-cv-04454

Amended Stipulation and Order of Settlement

Williston v. Doar

May 8, 2012

May 8, 2012

Order/Opinion
127

1:04-cv-04454

Stipulation and Order of Settlement Concerning Attorneys' Fees

April 3, 2013

April 3, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4886568/williston-v-eggleston/

Last updated Aug. 2, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
28

OPINION 91876 re:granting 20 FIRST MOTION to Intervene Jose Feliz. filed by Gertrude Williston,, 23 FIRST MOTION to Intervene Florence Greenbaum. filed by Gertrude Williston,. (Signed by Judge Robert W. Sweet on 7/14/05) (djc, ) Modified on 7/21/2005 (sao, ).

July 19, 2005

July 19, 2005

RECAP
1

COMPLAINT against Robert Doar, Verna Eggleston. (Filing Fee $ 150.00, Receipt Number 511926)Document filed by Latoya Cummins, Paulette Cummins, Tawana Cummins, Gertrude Williston.(laq, ) Additional attachment(s) added on 6/18/2004 (laq, ). (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

SUMMONS ISSUED as to Robert Doar, Verna Eggleston. (laq, ) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

30

OPINION # 91928 ; re: Based upon the foregoing conclusions the motions of the City and the State to dismiss the Complaint are denied : 6 FIRST MOTION to Dismiss, filed by Verna Eggleston. (Signed by Judge Robert W. Sweet on 7/27/05) (sac, ) Modified on 8/3/2005 (sgu, ).

July 29, 2005

July 29, 2005

RECAP

Magistrate Judge Gabriel W. Gorenstein is so designated. (laq, ) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

Case Designated ECF. (laq, ) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

2

FIRST MOTION to Certify Class pursuant to FRCP 23(b)(2) . Document filed by Gertrude Williston. Responses due by 7/23/2004 Return Date set for 8/18/2004 12:00 PM. (Attachments: # 1 Affidavit Devins Declaration# 2 Exhibit # 3 # 4 # 5 # 6 # 7 # 8 # 9 Exhibit)(Cohan, Marc) (Entered: 06/18/2004)

June 18, 2004

June 18, 2004

3

FIRST BRIEF re: 2 FIRST MOTION to Certify Class pursuant to FRCP 23(b)(2) .. Document filed by Gertrude Williston. (Attachments: # 1 Text of MOL in Support of Motion for Class Certification)(Cohan, Marc) (Entered: 06/18/2004)

June 18, 2004

June 18, 2004

4

ENDORSED LETTER addressed to Judge Robert W. Sweet from Donna M. Kasbohm dated 7/6/04. Defendant City's time to respond to the complaint is extended to 8/7/04. (Signed by Judge Robert W. Sweet on 7/14/04) (kw, ) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

Set Answer Due Date purs. to 4 Endorsed Letter as to City of New York answer due on 8/7/2004. (kw, ) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

5

ENDORSED LETTER addressed to Judge Robert W. Sweet from Deborah Ferleger dated 7/8/04. Defendant Robert Doar's time to respond to the complaint is extended to 8/23/04. (Signed by Judge Robert W. Sweet on 7/14/04) (kw, ) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

Set Answer Due Date purs. to 5 Endorsed Letter as to Robert Doar answer due on 8/23/2004. (kw, ) (Entered: 07/16/2004)

July 16, 2004

July 16, 2004

6

FIRST MOTION to Dismiss. Document filed by Verna Eggleston. Responses due by 9/17/2004 Return Date set for 10/6/2004 12:00 PM. (Kasbohm, Madonna) (Entered: 08/09/2004)

Aug. 9, 2004

Aug. 9, 2004

7

MOTION to Dismiss MOL . Document filed by Verna Eggleston. Responses due by 9/17/2004 Return Date set for 10/6/2004 12:00 PM. (Kasbohm, Madonna) (Entered: 08/09/2004)

Aug. 9, 2004

Aug. 9, 2004

8

AFFIDAVIT OF SERVICE of Notic of Motion to Dismiss and Memorandum of Law served on Gertrude Williston; and Tawana Cummins et al on August 9, 2004. Service was made by Electronically and by mail. Document filed by Verna Eggleston. (Kasbohm, Madonna) (Entered: 08/20/2004)

Aug. 20, 2004

Aug. 20, 2004

10

ENDORSED LETTER addressed to Judge Robert W. Sweet from Donna M. Kasbohm dated 8/27/04. All defendants' time to respond to plaintiffs' motion for class certification is adjourned. Return date on City defendant's motion is adjourned to 10/20/04. Plaintiffs' Response to City's motion to dismisss due by 9/28/2004. Reply due by 10/15/2004. (Signed by Judge Robert W. Sweet on 9/7/04) (kw, ) (Entered: 09/09/2004)

Sept. 8, 2004

Sept. 8, 2004

11

ENDORSED LETTER addressed to Judge Robert W. Sweet from Marc Cohan dated 9/27/04. Granting plaintiffs' request for an extension until 9/30/04 to respond to defendants' motions to dismiss. (Signed by Judge Robert W. Sweet on 9/27/04) (kw, ) (Entered: 09/28/2004)

Sept. 27, 2004

Sept. 27, 2004

12

FIRST MEMORANDUM OF LAW in Opposition re: 6 FIRST MOTION to Dismiss., 7 MOTION to Dismiss MOL ., 9 FIRST MOTION to Dismiss the Complaint .. Document filed by Gertrude Williston. (Cohan, Marc) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

13

MEMORANDUM OF LAW in Opposition re: 6 FIRST MOTION to Dismiss., 7 MOTION to Dismiss MOL ., 9 FIRST MOTION to Dismiss the Complaint .. Document filed by Gertrude Williston. (Cohan, Marc) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

14

ORDER re: 2 FIRST MOTION to Certify Class. The plaintiffs' motion for class certification is removed from the docket, with leave to restore by letter. (Signed by Judge Robert W. Sweet on 10/6/04) (kw, ) (Entered: 10/07/2004)

Oct. 7, 2004

Oct. 7, 2004

15

ENDORSED LETTER addressed to Judge Robert W. Sweet from Donna M. Kasbohm dated 10/13/04. Defendants' reply to their pending motion to dismiss is now due by 10/18/2004. (Signed by Judge Robert W. Sweet on 10/14/04) (kw, ) (Entered: 10/15/2004)

Oct. 14, 2004

Oct. 14, 2004

16

FIRST REPLY MEMORANDUM OF LAW in Support re: 9 FIRST MOTION to Dismiss the Complaint .. Document filed by Robert Doar. (Ferleger, Deborah) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

17

REPLY MEMORANDUM OF LAW in Support re: 6 FIRST MOTION to Dismiss.. Document filed by Verna Eggleston. (Kasbohm, Madonna) (Entered: 10/18/2004)

Oct. 18, 2004

Oct. 18, 2004

18

SECOND REPLY MEMORANDUM OF LAW in Opposition re: 9 FIRST MOTION to Dismiss the Complaint . Sur−Reply . Document filed by Gertrude Williston. (Cohan, Marc) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

19

FIRST MOTION for Leave to File Plaintiffs' Sur−Reply to State Defendant's Motion to Dismiss . Document filed by Gertrude Williston. (Cohan, Marc) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

20

FIRST MOTION to Intervene Jose Feliz . Document filed by Gertrude Williston. Return Date set for 1/5/2005 12:00 PM. (Attachments: # 1 Affidavit Intervenor declaration# 2 Affidavit Affidavit of translation# 3 Exhibit Exhibit 1)(Cohan, Marc) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

21

MOTION to Intervene Proposed Intervenor Complaint . Document filed by Gertrude Williston. (Cohan, Marc) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

22

MOTION to Intervene Memorandum of Law . Document filed by Gertrude Williston. Return Date set for 1/5/2005 12:00 PM. (Cohan, Marc) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

23

FIRST MOTION to Intervene Florence Greenbaum . Document filed by Gertrude Williston. Return Date set for 1/12/2004 12:00 PM. (Attachments: # 1 Affidavit Greenbaum Declaration# 2 Exhibit Greenbaum Exhibit 1# 3 Exhibit Greenbaum Exhibit 2# 4 Exhibit Greenbaum Exhibit 3# 5 Proposed Amended Complaint# 6 Memorandum of Law)(Cohan, Marc) (Entered: 12/23/2004)

Dec. 23, 2004

Dec. 23, 2004

Set/Reset Deadlines: Replies due by 1/18/2005. Responses due by 1/13/2005 (db, ) (Entered: 01/11/2005)

Jan. 7, 2005

Jan. 7, 2005

Set/Reset Deadlines as to 23 FIRST MOTION to Intervene Florence Greenbaum . Responses due by 1/13/2005 Replies due by 1/18/2005. (db, ) (Entered: 01/11/2005)

Jan. 7, 2005

Jan. 7, 2005

25

MEMORANDUM OF LAW in Opposition re: 20 FIRST MOTION to Intervene Jose Feliz ., 21 MOTION to Intervene Proposed Intervenor Complaint ., 22 MOTION to Intervene Memorandum of Law ., 23 FIRST MOTION to Intervene Florence Greenbaum .. Document filed by Robert Doar. (Hochhauser, Deborah) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

26

MOTION to Intervene Stip of No Opposition . Document filed by Verna Eggleston. (Kasbohm, Madonna) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

27

FIRST REPLY MEMORANDUM OF LAW in Support re: 20 FIRST MOTION to Intervene Jose Feliz ., 26 MOTION to Intervene Stip of No Opposition ., 23 FIRST MOTION to Intervene Florence Greenbaum .. Document filed by Gertrude Williston. (Cohan, Marc) (Entered: 01/18/2005)

Jan. 18, 2005

Jan. 18, 2005

29

PRETRIAL ORDER; ptc set for 9/14/05 at 4:30 pm. Plntf's counsel to notify all parties. (Signed by Judge Robert W. Sweet on 7/29/05) (cd, ) (Entered: 08/01/2005)

July 29, 2005

July 29, 2005

31

ANSWER to Complaint. Document filed by Robert Doar.(Hochhauser, Deborah) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

32

NOTICE of Leave to Appeal. Document filed by Verna Eggleston. (Kasbohm, Madonna) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

33

FIRST MOTION for Leave to Appeal Pursuant to 1292(b) Document filed by Verna Eggleston. Return Date set for 9/14/2005 12:00 PM. (Kasbohm, Madonna) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

34

FIRST MEMORANDUM OF LAW in Opposition re: 33 FIRST MOTION for Leave to Appeal Pursuant to 1292(b) . Document filed by Gertrude Williston. (Cohan, Marc) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

35

REPLY MEMORANDUM OF LAW in Support re: 33 FIRST MOTION for Leave to Appeal Pursuant to 1292(b) . Document filed by Verna Eggleston. (Kasbohm, Madonna) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

36

NOTICE of Appearance by Robert Lewis Kraft on behalf of Robert Doar (Kraft, Robert) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

38

ORDER Pretrial Conference set for 3/15/2006 04:30 PM before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 1/24/2006) (jmi, ) (Entered: 01/25/2006)

Jan. 24, 2006

Jan. 24, 2006

Minute Entry for proceedings held before Judge Robert W. Sweet : Pretrial Conference held on 3/15/2006. Parties are to submit a stipulation regarding proposed dates. (db, ) (Entered: 03/20/2006)

March 15, 2006

March 15, 2006

40

SCHEDULING ORDER: Motions due by 4/27/2007. Discovery due by 4/27/2007. Final Pretrial Conference set for 5/9/2007 04:30 PM before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 4/4/06) (js, ) (Entered: 04/05/2006)

April 4, 2006

April 4, 2006

41

SCHEDULING ORDER: The motion for class certification shall be returnable no later than June 14, 2006. All expert reports, if any, shall be served by January 27, 2007. All rebuttal expert reports, if any shall be served by February 26, 2007 Motions due by 4/27/2007. Discovery due by 12/13/2006. (Signed by Judge Robert W. Sweet on 4/3/06) (js, ) (Entered: 04/05/2006)

April 4, 2006

April 4, 2006

42

NOTICE OF APPEARANCE by Marc Cohan on behalf of Gertrude Williston (Cohan, Marc) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

43

PRETRIAL SCHEDULING ORDER: Motions due by 4/27/2007. Discovery due by 12/13/2006. See Document for further Scheduling Deadlines. (Signed by Judge Robert W. Sweet on 4/10/06) (sac, ) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

44

NOTICE OF APPEARANCE by Elena Stacy Goldstein on behalf of Gertrude Williston (Goldstein, Elena) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

45

MOTION to Certify Class. Document filed by Gertrude Willistonand Tawana, Latoya and Tandika Cummins by parent Paulette Cummins. Responses due by 6/6/2006 (Goldstein, Elena) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

46

MEMORANDUM OF LAW in Support re: 45 MOTION to Certify Class.. Document filed by Gertrude Williston. (Attachments: # 1 Affidavit Ami Sanghvi# 2 Exhibit A−F to Sanghvi Decl.# 3 Exhibit G−K to Sanghvi Decl.# 4 Affidavit Elena Goldstein# 5 Exhibit A−C to Goldstein Decl.# 6 Exhibit D−F to Goldstein Decl.)(Goldstein, Elena) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

47

NOTICE OF APPEARANCE by Ami T. Sanghvi on behalf of Jose Feliz, Florence Greenbaum, Gertrude Williston, Tawana Cummins, Latoya Cummins, Paulette Cummins (Sanghvi, Ami) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

48

SCHEDULING ORDER: re plntfs' restored motion for class certification: Responses due by 7/6/2006 Replies due by 7/18/2006. Oral Argument set for 7/19/2006 12:00 PM before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 6/6/06) (cd, ) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

49

ENDORSED LETTER addressed to Judge Robert W. Sweet from Robert L. Kraft dated 6/6/2006 re: to ask that the State defednant's time to respond to the motion for class certification be adjusted to conform to that agreed upon by plaintiffs and the city defendant in their proposed revised scheduling order forwarded to you this date. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 6/6/2006) (jmi, ) (Entered: 06/08/2006)

June 7, 2006

June 7, 2006

50

MEMORANDUM OF LAW in Opposition re: 45 MOTION to Certify Class.. Document filed by Robert Doar. (Kraft, Robert) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

51

ENDORSED LETTER addressed to Judge Robert W. Sweet from Abigail Goldenberg dated 7/5/2006 re: to request an extension of time from July 6, 2006, until July 20, 2006, for City defednant to submit its opposition to plaintiffs' restored Motion for Class Certification. Responses due by 7/20/2006. ENDORSEMENT So Ordered. (Signed by Judge Robert W. Sweet on 7/12/2006) (jmi, ) (Entered: 07/14/2006)

July 13, 2006

July 13, 2006

52

REVISED PRETRIAL SCHEDULING ORDER: Motions due by 6/27/2006. Responses due by 9/20/2006 Replies due by 10/2/2006. Discovery due by 2/13/2007. Additional deadlines are as set forth in this Order. (Signed by Judge Robert W. Sweet on 7/27/06) (pl, ) Modified on 7/28/2006 (pl, ). (Entered: 07/28/2006)

July 27, 2006

July 27, 2006

54

PROPOSED REVISED PRETRIAL SCHEDULING ORDER: City defednat's opposition to plaintiffs' Restored Motion for Class Certification shall be served no later than November 6, 2006. Any reply to City and State defednants' opposition shall be served no later than November 20, 2006. The motion for Class Certification shall be returnable on November 22, 2006, at noon, or as soon thereafter as counsel may be heard. All discovery, except for expert discovery, shall be completed by March 30, 2007. All expert reports, if any, shall be served by May 11, 2007. All rebuttal expert reports, if any, shall be served by June 11, 2007. Dispositive motions shall be served and filed August 11, 2007. So Ordered. Motions due by 11/22/2006. Discovery due by 3/30/2007. (Signed by Judge Robert W. Sweet on 9/21/2006) (jmi, ) (Entered: 09/22/2006)

Sept. 21, 2006

Sept. 21, 2006

55

PRETRIAL ORDER Pretrial Conference set for 9/12/2007 at 04:30 PM before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 9/21/2006) (jmi, ) (Entered: 09/22/2006)

Sept. 21, 2006

Sept. 21, 2006

56

ENDORSED LETTER addressed to Judge Robert W. Sweet from Martha A. Calhoun and Abigail Goldenberg dated 11/6/06 re: a request on behalf of defendant Commissioner Verna Eggelston to hold this matter in abeyance for an additional thirty days until 12/6/2006 so that the parties can continue to attempt to negotiate a possible settlement. ENDORSEMENT: SO ORDERED. (Signed by Judge Robert W. Sweet on 11/6/06) (kco, ) (Entered: 11/08/2006)

Nov. 7, 2006

Nov. 7, 2006

57

ORDER; parties shall complete all discovey, inspection and motions by 11/12/07; Parties shall submit to teh court trial briefs, a jointproposed pretrial order, and, if applicable, proposed jury charges and voir dire requests in accordance with the annexed form and instructions by 11/28/07. A final pretrial conference will be held at 4:30 p.m. on Nov. 28, 2007. (Signed by Judge Robert W. Sweet on 12/6/06) (djc, ) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

Set Deadlines/Hearings: Discovery due by 11/12/2007. Motions due by 11/12/2007. Pretrial Order due by 11/28/2007. Final Pretrial Conference set for 11/28/2007 04:30 PM before Judge Robert W. Sweet. (djc, ) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

58

PROPOSED REVISED PRETRIAL SCHEDULING ORDER:Dispositive Motions due by 11/12/2007. Discovery due by 6/30/2007. (Signed by Judge Robert W. Sweet on 12/5/06) (db, ) (Entered: 12/07/2006)

Dec. 6, 2006

Dec. 6, 2006

59

NOTICE OF APPEARANCE by Leslie T. Annexstein on behalf of Jose Feliz, Florence Greenbaum, Gertrude Williston, Tawana Cummins, Latoya Cummins, Paulette Cummins (Annexstein, Leslie) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

60

MOTION to Intervene Proposed Class Representatives Peartree and Nunez . Document filed by Gertrude Williston.Return Date set for 2/21/2007 12:00 PM. (Attachments: # 1 Affidavit Declaration of Ami Sangvhi# 2 Affidavit Peartree Declaration# 3 Affidavit Hargraves Declaration for Peartree# 4 Affidavit Nunez Declaration# 5 Affidavit Hargraves Declaration for Nunez# 6 Affidavit Dandelat Affidavit of translation)(Cohan, Marc) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

61

FILING ERROR − WRONG DOCUMENT TYPE SELECTED FROM MENU − MOTION to Intervene (Peartree and Nunez Proposed Complaint)(INTERVENOR COMPLAINT). Document filed by Gertrude Williston.Return Date set for 2/21/2007 12:00 PM.(Cohan, Marc) Modified on 2/1/2007 (Allen, Kathleen). (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

62

FILING ERROR − WRONG DOCUMENT TYPE SELECTED FROM MENU − BRIEF re: 60 MOTION to Intervene (Proposed Class Representatives Peartree and Nunez) (MEMORANDUM OF LAW IN SUPPORT OF MOTION). Document filed by Gertrude Williston.(Cohan, Marc) Modified on 2/1/2007 (Allen, Kathleen). (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

63

AFFIDAVIT OF SERVICE of Notion of Motion, Exhibits, Brief served on Eggleston, Doar on January 31, 2007. Service was made by Mail. Document filed by Gertrude Williston. (Cohan, Marc) (Entered: 01/31/2007)

Jan. 31, 2007

Jan. 31, 2007

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DOCUMENT TYPE ERROR. Note to Attorney Marc Cohan to RE−FILE Document 62 Brief. Use the document type Memorandum of Law in support of motion found under the document list Replies, Opposition and Supporting Documents. (kg) (Entered: 02/01/2007)

Feb. 1, 2007

Feb. 1, 2007

64

MEMORANDUM OF LAW in Support re: 60 MOTION to Intervene Proposed Class Representatives Peartree and Nunez .. Document filed by Gertrude Williston. (Cohan, Marc) (Entered: 02/01/2007)

Feb. 1, 2007

Feb. 1, 2007

65

DECLARATION of Elena S. Goldstein in Support re: 60 MOTION to Intervene Proposed Class Representatives Peartree and Nunez .. Document filed by Tawana Cummins, Latoya Cummins, Paulette Cummins. (Attachments: # 1 Exhibit A _ Plaintiffs' Proposed Class Action Intervenor Complaint)(Goldstein, Elena) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

66

PRETRIAL ORDER: Counsel are directed to appear in Courtroom 18C on April 11, 2007 at 4:30 pm for a pretrial conference for the purpose of resolving any outstanding discovery or other issues, and setting a time for trial. (Signed by Judge Robert W. Sweet on 2/2/07) (js) (Entered: 02/05/2007)

Feb. 2, 2007

Feb. 2, 2007

Set Deadlines/Hearings: Pretrial Conference set for 4/11/2007 04:30 PM before Judge Robert W. Sweet. In courtroom 18C. (js) (Entered: 02/05/2007)

Feb. 2, 2007

Feb. 2, 2007

67

REVISED PRETRIAL SCHEDULING ORDER:City deft's opposition to Plaintiffs' Restored Motion for Class Certification and Deft's opposition to Plaitiffs' Motion to Intervene shall be served no later than 3/6/2007. Any Replies to City and State defts' opposition to plaintiffs' Motion for Class Certification and to Intervene shall be served by 3/21/2007. The pending motions shall be returnable on 3/28/2007 at noon. All Discovery due by 7/30/2007.All expert reports, if any served by 9/10/2007. All rebuttal expert reports, served by 10/10/2007. Dispositive motions shall be served and filed by 12/12/2007.SO ORDERED. (Signed by Judge Robert W. Sweet on 2/7/2007) (jar) (Entered: 02/13/2007)

Feb. 9, 2007

Feb. 9, 2007

68

ORDER. The parties shall submit to the Court trial briefs, a joint proposed pretrial order, and if applicable, proposed jury charges and voir dire requests by 12/26/2007. Final pretrial conference will be held at 4:30 pm on that date. Adjournemtns of the dates set forth above will not be granted except for good cause and upon written application. Failure to comply with any of the provisions of this order will result in dismissal of the action, entry of a default judgment, or other appropriate sanction. SO ORDERED. (Signed by Judge Robert W. Sweet on 2/9/2007) (jar) (Entered: 02/13/2007)

Feb. 9, 2007

Feb. 9, 2007

Set Deadlines/Hearings: Final Pretrial Conference set for 12/26/2007 04:30 PM before Judge Robert W. Sweet. (jar) (Entered: 02/13/2007)

Feb. 9, 2007

Feb. 9, 2007

69

RESPONSE to Motion re: 60 MOTION to Intervene Proposed Class Representatives Peartree and Nunez . Stipulation of No Opposition to Intervene Proposed Class Representatives Peartree and Nunez . Document filed by Robert Doar. (Hochhauser, Deborah) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

70

REVISED SCHEDULING ORDER:Dispositive Motions due by 12/12/2007; Responses by City defts to plntfs' Restored Motion for Class certification due by 3/13/2007,Replies due by 3/28/2007.,Discovery due by 7/30/2007. (Signed by Judge Robert W. Sweet on 3/7/07) (cd) (Entered: 03/12/2007)

March 9, 2007

March 9, 2007

71

STIPULATION OF NO OPPOSITION Verna Eggleston, and Robert Doar do not oppose plaintiffs' motions to Intervene proposed Plaintiffs Viveca Peartree and Miladis Nunez. Should the Court grant Plaintiffs' Intervenor Motions, City and State Defendants reserve all defenses against the complaints of Intervenors Viveca Peatree and Miladis Nunez. So Ordered. (Signed by Judge Miriam Goldman Cedarbaum on 3/9/07) (jco) (Entered: 03/13/2007)

March 12, 2007

March 12, 2007

73

DECLARATION of Lisa Fitzpatrick in Opposition re: 45 MOTION to Certify Class.. Document filed by Verna Eggleston, City of New York. (Attachments: # 1)(Goldenberg, Abigail) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

74

REPLY MEMORANDUM OF LAW in Support re: 45 MOTION to Certify Class.. Document filed by Gertrude Williston. (Attachments: # 1 Certificate of Service)(Cohan, Marc) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

75

ENDORSED LETTER addressed to Judge Robert W. Sweet from Ami Sanghvi dated 3/26/07 re: counsel for plaintiffs request permission to submit a reply memorandum of law to dfts' opposition toplaintiff's restored motion for class certification in excess of 10 pages in order to fully address the points raised by dfts. So Ordered. (Signed by Judge Robert W. Sweet on 4/2/07) (dle) (Entered: 04/04/2007)

April 3, 2007

April 3, 2007

76

ENDORSED LETTER addressed to Judge Robert W. Sweet from Abigail Goldenberg dated 7/27/07 re: Counsel writes to request a ninety−day extension until 10/30/07 to complete fact discovery. ENDORSEMENT: So Ordered. Discovery due by 10/30/2007. (Signed by Judge Robert W. Sweet on 7/31/07) (jco) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

77

ORDER Discovery due by 3/12/2008. Motions due by 3/12/2008. Pretrial Order due by 3/26/2008. Final Pretrial Conference set for 3/26/2008 at 04:30 PM before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 8/3/07) (jco) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

78

NOTICE OF CHANGE OF ADDRESS by Leslie T. Annexstein on behalf of all plaintiffs. New Address: Urban Justice Center, 123 William Street, 16th Floor, New York, New York, USA 10038, 646−602−5600. (Annexstein, Leslie) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

79

NOTICE OF CHANGE OF ADDRESS by Leslie T. Annexstein on behalf of all plaintiffs. New Address: Urban Justice Center, 123 William Street, 16th Floor, New York, New York, USA 10038, 646−602−5600. (Annexstein, Leslie) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

80

NOTICE OF CHANGE OF ADDRESS by Leslie T. Annexstein on behalf of all plaintiffs. New Address: Urban Justice Center, 123 William Street, 16th Floor, New York, New York, USA 10038, 646−602−5600. (Annexstein, Leslie) (Entered: 08/13/2007)

Aug. 13, 2007

Aug. 13, 2007

81

ORDER: The motion for class certification filed by plaintiffs on May 22, 2006 (docket no. 45) shall be dismissed without prejudice or penalty for failure to prosecute. Leave is GRANTED to refile the motion by letter without payment of filing fee. So Ordered. (Signed by Judge Robert W. Sweet on 1/17/08) (js) (Entered: 01/18/2008)

Jan. 17, 2008

Jan. 17, 2008

82

SETTLEMENT AGREEMENT AND PROPOSED ORDER . Document filed by Gertrude Williston.(Cohan, Marc) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

83

FILING ERROR − ELECTRONIC FILING FOR NON−ECF DOCUMENT − FIRST MOTION to Certify Class, FIRST MOTION to Approve Consent Judgment, MOTION to Approve Consent Judgment(ORDER PURS. TO FRCP 23(e).( Return Date set for 2/27/2008 at 12:00 PM.) Document filed by Gertrude Williston. (Attachments: # 1 Exhibit Letter to Court, # 2 Text of Proposed Order Granting Class Certification, # 3 Exhibit Proposed Notice to Class)(Cohan, Marc) Modified on 2/26/2008 (KA). (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − NON−ECF DOCUMENT ERROR. Note to Attorney Marc Cohan to E−MAIL pdf copy of ORDER to orders_and_judgments@nysd.uscourts.gov Document No. 83 Order. This document is not filed via ECF. (KA) (Entered: 02/26/2008)

Feb. 26, 2008

Feb. 26, 2008

85

ORDER PURSUANT TO FED. R. CIV. P. 23(e): A Hearing pursuant to Rule 23(e) of the F.R.C.P. shall be held on 4/16/2008 at 12:00 PM, Room 1920, before Judge Robert W. Sweet. Any member of the plaintiff class may object to or comment on the Settlement by submitting objections in writing. Objections or comments must be post−marked by 4/10/08. (Signed by Judge Robert W. Sweet on 2/27/08) (tro) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

86

STIPULATION AND ORDER OF SETTLEMENT...regarding procedures to be followed that shall govern the handling of the settlement of this action. (Signed by Judge Robert W. Sweet on 2/27/08) (tro) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

87

AFFIDAVIT of Ami Sangvhi in Support re: 83 FIRST MOTION to Certify Class.FIRST MOTION to Approve Consent Judgment. MOTION to Approve Consent Judgment.. Document filed by Gertrude Williston. (Cohan, Marc) (Entered: 04/09/2008)

April 9, 2008

April 9, 2008

88

AFFIDAVIT of Lynn Lu in Support re: 83 FIRST MOTION to Certify Class.FIRST MOTION to Approve Consent Judgment. MOTION to Approve Consent Judgment.. Document filed by Gertrude Williston. (Cohan, Marc) (Entered: 04/09/2008)

April 9, 2008

April 9, 2008

89

FILING ERROR − WRONG DOCUMENT TYPE SELECTED FROM MENU − MOTION to Approve Consent Judgment(DECLARATION OF MARTHA A. CALHOUN). Document filed by Verna Eggleston.(Calhoun, Martha) Modified on 4/16/2008 (KA). (Entered: 04/15/2008)

April 15, 2008

April 15, 2008

90

FILING ERROR − WRONG DOCUMENT TYPE SELECTED FROM MENU − MOTION to Approve Consent Judgment (Declaration of Compliance with 23(e) order). Document filed by Verna Eggleston.(Calhoun, Martha) Modified on 4/16/2008 (KA). (Entered: 04/15/2008)

April 15, 2008

April 15, 2008

91

FILING ERROR − WRONG DOCUMENT TYPE SELECTED FROM MENU − MOTION to Approve Consent Judgment (Declaration of Sebastian Addamo). Document filed by Robert Doar. Return Date set for 4/16/2008 at 12:00 PM.(Hochhauser, Deborah) Modified on 4/16/2008 (KA). (Entered: 04/16/2008)

April 16, 2008

April 16, 2008

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DOCUMENT TYPE ERROR. Note to Attorney Martha Anne Calhoun to RE−FILE Document 89 MOTION to Approve Consent Judgment. Use the document type Declaration (non−motion) found under the document list Other Answers. (KA) (Entered: 04/16/2008)

April 16, 2008

April 16, 2008

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DOCUMENT TYPE ERROR. Note to Attorney Martha Anne Calhoun to RE−FILE Document 90 MOTION to Approve Consent Judgment (Declaration of Compliance with 23(e) order). Use the document type Declaration (non−motion) found under the document list Other Answers. (KA) (Entered: 04/16/2008)

April 16, 2008

April 16, 2008

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DOCUMENT TYPE ERROR. Note to Attorney Deborah Ellen Hochhauser to RE−FILE Document 91 MOTION to Approve Consent Judgment (Declaration in support). Use the document type Declaaration (non−motion) found under the document list Other Answers. (KA) (Entered: 04/16/2008)

April 16, 2008

April 16, 2008

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 14, 2004

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of needy New York City individuals and families eligible for food stamps.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York City Department of Social Services (New York), City

New York State Office of Temporary and Disability Assistance, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Issues

General:

Government Services

Poverty/homelessness

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

Type of Facility:

Government-run