Case: Meachem v. Wing

1:99-cv-04630 | U.S. District Court for the Southern District of New York

Filed Date: June 25, 1999

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On June 25, 1999, several individuals, representing all individuals who were previously receiving benefits under one or more of Food Stamps, Medicaid, or Food Assistance, but whose benefits have been terminated and were denied fair hearings, filed a lawsuit in the United States District Court for the Southern District of New York. The plaintiffs, represented by a number of public interest firms, brought the suit against the New York Office of Temporary and Disability Assistance, the New York D…

On June 25, 1999, several individuals, representing all individuals who were previously receiving benefits under one or more of Food Stamps, Medicaid, or Food Assistance, but whose benefits have been terminated and were denied fair hearings, filed a lawsuit in the United States District Court for the Southern District of New York. The plaintiffs, represented by a number of public interest firms, brought the suit against the New York Office of Temporary and Disability Assistance, the New York Department of Health, and the New York Department of Labor. Plaintiffs contend that defendants systematically fail to provide recipients with fair hearings that comply with the requirements set forth in (i) federal and state statutory law; and (ii) the Due Process Clause of the Fourteenth Amendment.

Defendants moved to dismiss the case under FCRP Rule 12(b)(6). The District Court, held that: (1) recipients were not required to exhaust state court appeals of decisions; (2) Eleventh Amendment barred claims based on state law, but did not bar federal claims; (3) recipients could maintain suit under § 1983 for violations of fair hearing provisions of Food Stamp Act and Medicaid Aid; (4) the court was not required to abstain from deciding case under Younger or Burford abstention doctrines; and (5) recipients stated a claim that administrative law judges violated their rights to fair hearing by not assessing the adequacy of affidavits from state agencies attesting to notice procedures followed when benefits were withdrawn. The motion was granted in part and denied in part: plaintiffs' claims were dismissed to the extent that they arose under New York State law, but in all other respects, defendants' motion to dismiss was denied.

Following the judgment on the motion to dismiss, the parties agreed to a settlement. The terms of the agreement included (1) class certification; (2) training, coding, and sampling by the plaintiffs' counsel for 18 months; (3) individual relief allowing the named plaintiffs to reopen their hearings; and (4) the dismissal of the action.

Summary Authors

Noel Ripberger (2/23/2015)

People


Judge(s)

Francis, James C. IV (New York)

Schwartz, Allen G. (New York)

Attorneys(s) for Plaintiff

Alvarez, George Anthony (New York)

Bach, Wendy (New York)

Barnett, Helaine (New York)

Blum, Richard Elliot (New York)

Callagy, Anne (New York)

Carden, Constance P. (New York)

Castel, P. Kevin (New York)

Cohan, Marc (New York)

Judge(s)

Francis, James C. IV (New York)

Schwartz, Allen G. (New York)

Attorneys(s) for Plaintiff

Alvarez, George Anthony (New York)

Bach, Wendy (New York)

Barnett, Helaine (New York)

Blum, Richard Elliot (New York)

Callagy, Anne (New York)

Carden, Constance P. (New York)

Castel, P. Kevin (New York)

Cohan, Marc (New York)

Colon, Esperanza (New York)

Feldman, Ian F. (New York)

Freedman, Henry A. (New York)

Godeski, Steven (New York)

Green, Marshall (New York)

Horvath, Patrick (New York)

Ricardo, Henry J. (New York)

Rosenberg, Scott Alan (New York)

Scharf, Rebecca L. (New York)

Schneider, Matthew (New York)

Schulman, Yisroel (New York)

Stephens, Kenneth (New York)

Sternberg, Susan R. (New York)

Welber, Susan (New York)

Attorneys(s) for Defendant

Bschorr, Paul J. (New York)

Gasior, John P (New York)

Leong, Vincent (New York)

Spitzer, Eliot (New York)

Velez, Jose Luis (New York)

Documents in the Clearinghouse

Document

1:99-cv-04630

Docket [PACER]

Nov. 23, 2005

Nov. 23, 2005

Docket
24

1:99-cv-04630

Opinion and Order

77 F.Supp.2d 431

Dec. 9, 1999

Dec. 9, 1999

Order/Opinion
31

1:99-cv-04630

Memorandum Order

2000 WL 1036169

July 27, 2000

July 27, 2000

Order/Opinion
129

1:99-cv-04630

Stipulation and Order of Settlement

Dec. 22, 2004

Dec. 22, 2004

Settlement Agreement
122

1:99-cv-04630

Memorandum and Order

227 F.R.D. 232

March 8, 2005

March 8, 2005

Order/Opinion
125

1:99-cv-04630

Memorandum and Order Upon Reconsideration

227 F.R.D. 237

March 25, 2005

March 25, 2005

Order/Opinion

Resources

Docket

Last updated June 8, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

ORDER, to proceed in forma pauperis. (signed by Judge Harold Baer Jr., Part I); (em) (Entered: 06/29/1999)

June 25, 1999

June 25, 1999

2

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (No Fees Due − I.F.P.). (em) (Entered: 06/29/1999)

June 25, 1999

June 25, 1999

Magistrate Judge Francis is so Designated. (em) (Entered: 06/29/1999)

June 25, 1999

June 25, 1999

3

INITIAL PRETRIAL CONFERENCE NOTICE; set pre−trial conference for 3:15 p.m. on 9/8/99 ( signed by Judge Allen G. Schwartz ); Copies mailed. (jp) (Entered: 07/01/1999)

June 30, 1999

June 30, 1999

4

Affidavit of service of summons and complaint as to Antonia Novello by mail on 6/28/99; Answer due on 7/19/99 for Antonia Novello. Also served copy of same on the Atty General by leaving copy with Sam Peskin. (djc) (Entered: 07/06/1999)

July 2, 1999

July 2, 1999

4

Affidavit of service as to Brian J. Wing by personally service upon defendant on 6/28/99; Answer due on 7/19/99 for Brian J. Wing. (djc) (Entered: 07/06/1999)

July 2, 1999

July 2, 1999

4

Affidavit of service of summons and complaint as to James M. McGowen by Robert Mabaras on 6/28/99; Answer due on 7/19/99 for James M. McGowen. (djc) (Entered: 07/06/1999)

July 2, 1999

July 2, 1999

5

PRETRIAL SCHEDULING ORDER: Plntfs' motion for Preliminary Injunction to be made no later than 7/16/99; Defts' response and motion to dismiss to be made no later than 7/23/99; Plntfs' response to defts' motion to be submitted by 9/3/99; Defts' reply to be submitted by 9/10/99; Sur−reply to be submitted by 9/17/99. The parties are instructed purs to Rule 16, FRCP, to meet and pursue settlement dicussions, and plntf's counsel is directed to advise Chambers ( signed by Judge Allen G. Schwartz ) ; Copies mailed (cd) (Entered: 07/23/1999)

July 22, 1999

July 22, 1999

6

Transcript of record of proceedings filed for dates of 7/12/99; before Judge Schwartz (cd) (Entered: 09/10/1999)

Sept. 10, 1999

Sept. 10, 1999

13

SUR−REPLY MEMORANDUM of LAW by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young in opposition [9−1] cross motion for an order dismissing complaint and in support of [7−1] motion preliminary enjoining defendants as set forth in this motion, [7−2] motion certifying class (djc) (Entered: 09/24/1999)

Sept. 17, 1999

Sept. 17, 1999

7

NOTICE OF MOTION by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young preliminary enjoining defendants as set forth in this motion and certifying class , Return date 9/17/99 w. Declaration of Richard Blum (djc) (Entered: 09/24/1999)

Sept. 23, 1999

Sept. 23, 1999

8

MEMORANDUM of LAW by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young in support of [7−1] motion preliminary enjoining defendants as set forth in this motion, [7−2] motion certifying class (djc) (Entered: 09/24/1999)

Sept. 23, 1999

Sept. 23, 1999

9

NOTICE OF CROSS MOTION by Brian J. Wing, Antonia Novello, James M. McGowen for an order dismissing complaint , No Return date w. affidavit of service. (djc) (Entered: 09/24/1999)

Sept. 23, 1999

Sept. 23, 1999

11

AFFIDAVIT of Henry S.Pedicone by Brian J. Wing, Antonia Novello, James M. McGowen in opposition Re: [7−1] motion preliminary enjoining defendants as set forth in this motion, [7−2] motion certifying class. (djc) (Entered: 09/24/1999)

Sept. 23, 1999

Sept. 23, 1999

12

AFFIDAVIT of David B.AMiraian by Brian J. Wing, Antonia Novello, James M. McGowen (djc) (Entered: 09/24/1999)

Sept. 23, 1999

Sept. 23, 1999

14

REPLY MEMORANDUM of LAW by Brian J. Wing, Antonia Novello, James M. McGowen in Further Support of [9−1] cross motion for an order dismissing complaint and in opposition to [7−1] motion preliminary enjoining defendants as set forth in this motion, [7−2] motion certifying class (djc) (Entered: 09/24/1999)

Sept. 23, 1999

Sept. 23, 1999

15

REPLY MEMORANDUM of LAW by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young in support of [7−1] motion preliminary enjoining defendants as set forth in this motion, [7−2] motion certifying class (djc) (Entered: 09/24/1999)

Sept. 23, 1999

Sept. 23, 1999

16

DECLARATION of Marc Cohan (djc) (Entered: 09/24/1999)

Sept. 23, 1999

Sept. 23, 1999

17

ORDER withdrawing without prejudice, [7−1] motion preliminary enjoining defendants, withdrawing without prejudice, [7−2] motion certifying class, Plaintiffs' motion will be immediately reinstated upon the Court's receipt of a written request by plaintiffs for such reinstatement . (signed by Judge Allen G. Schwartz); Copies mailed. (ri) (Entered: 10/04/1999)

Oct. 1, 1999

Oct. 1, 1999

18

NOTICE OF MOTION by Brian J. Wing, Antonia Novello, James M. McGowen; for an Order and Judgment purs. to FRCP Rule 12(b), dismissing the amended complaint for failure to state a claim upon which relief can be granted ; Return date 11/18/99 (jp) (Entered: 10/26/1999)

Oct. 21, 1999

Oct. 21, 1999

19

MEMORANDUM by Brian J. Wing, Antonia Novello, James M. McGowen in support of [18−1] motion for an Order and Judgment purs. to FRCP Rule 12(b), dismissing the amended complaint for failure to state a claim upon which relief can be granted (jp) (Entered: 10/26/1999)

Oct. 21, 1999

Oct. 21, 1999

20

MEMORANDUM by Brian J. Wing, Antonia Novello, James M. McGowen in support of [18−1] motion for an Order and Judgment purs. to FRCP Rule 12(b), dismissing the amended complaint for failure to state a claim upon which relief can be granted (jp) (Entered: 10/26/1999)

Oct. 21, 1999

Oct. 21, 1999

21

AMENDED CLASS ACTION COMPLAINT by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young (Answer due 11/16/99 for James M. McGowen, for Antonia Novello, for Brian J. Wing ) amending [2−1] complaint against Robert Cooper, Oksana Yakubova, Bella Gurok; Summons issued. (sn) (Entered: 11/08/1999)

Nov. 3, 1999

Nov. 3, 1999

22

MEMORANDUM OF LAW by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young, Robert Cooper, Oksana Yakubova, Bella Gurok in opposition to [18−1] motion for an Order and Judgment purs. to FRCP Rule 12(b), dismissing the amended complaint for failure to state a claim upon which relief can be granted (sac) (Entered: 11/12/1999)

Nov. 10, 1999

Nov. 10, 1999

23

Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 9/30/99. (sl) (Entered: 11/17/1999)

Nov. 17, 1999

Nov. 17, 1999

24

OPINION and ORDER #83198, granting in part, denying in part [18−1] motion for an Order and Judgment purs. to FRCP Rule 12(b), dismissing the amended complaint for failure to state a claim upon which relief can be granted; Plaintiffs' claims are dismissed to the extent that they arise under New York State law. In all other respects, defendants' motion to dismiss is denied ; (signed by Judge Allen G. Schwartz); Copies mailed. (djc) (Entered: 12/10/1999)

Dec. 10, 1999

Dec. 10, 1999

26

Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 11/18/99. (jp) (Entered: 01/07/2000)

Jan. 7, 2000

Jan. 7, 2000

27

ANSWER to Amended Complaint by Brian J. Wing, Antonia Novello, James M. McGowen (Attorney Jose L. Velez from the Firm: Eliot Spitzer Attny. Gen. of the State of N.Y.) (ls) (Entered: 01/18/2000)

Jan. 14, 2000

Jan. 14, 2000

28

Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 2/24/00; Re: Catalina Cruz seeks to intervene in this action, purs. to FRCP 24(b). Permission to serve and file motion to intervene is granted without need for pre−motion conference. Such motion shall be served and responded to on the same schedule as the motion for class certification. ( signed by Judge Allen G. Schwartz ); Copies mailed. (sac) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

29

Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 3/13/00; discovery closes in this action on 7/28/00 ; 9/15/00: pltffs will serve their motion for class certification and leave to intervene; defts will serve their motion for summary judgment; the motions will be returnable on 10/31/00; 10/13/00: pltffs will serve their papers in opposition to defts' motion for summary judgment; defts will serve their papers in opposition to pltffs' motion for class certification and leave to intervene; 10/31/00: pltffs and defts will serve their reply papers. ( signed by Judge Allen G. Schwartz ); Copies mailed. (sac) (Entered: 03/17/2000)

March 16, 2000

March 16, 2000

30

Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 6/29/00; granting the parties an extension of time until 7/11/00 to submit a joint letter and proposed stipulation of confidentiality. ( signed by Judge Allen G. Schwartz ); Copies mailed. (sac) (Entered: 06/30/2000)

June 30, 2000

June 30, 2000

31

MEMORANDUM ORDER; that, with regard to the Stipulation of confidentiality, the Court Orders the parties to use pltffs' definition of "confidential information" as part of the Stipulation of Confidentiality and Order ; with regard to correspondence between the City of New York Human Resources Administration, defts shall disclose each of the documents set forth on this Memorandum Order to pltffs. However, defts may redact the documents to avoid disclosure of material that would not qualify for disclosure under the previous guidelines set forth by this Court, or which is not otherwise discoverable under Rule 26(b). However, defts shall not redact information related to procedures used at fair hearings, decisions issued by administrative law judges, possible problems associated with the hearing process, or the receipt (or non−receipt) of mail by benefit recipients. Any discussion of the instant action contained in these documents may be excluded under the work product doctrine . ( signed by Judge Allen G. Schwartz ); Copies mailed. (jp) (Entered: 07/27/2000)

July 27, 2000

July 27, 2000

32

STIPULATION and ORDER; regarding procedures that will govern the handling of "Confidential Information" . ( signed by Judge Allen G. Schwartz ) (pl) (Entered: 08/02/2000)

Aug. 2, 2000

Aug. 2, 2000

33

Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 6/5/00. (jp) (Entered: 08/03/2000)

Aug. 3, 2000

Aug. 3, 2000

34

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for discovery motion or other motion which does not require a report and recommendation; (signed by Judge Allen G. Schwartz) Referred to Magistrate Judge James C. Francis IV. (djc) (Entered: 10/24/2000)

Oct. 24, 2000

Oct. 24, 2000

35

Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 10/19/00. (db) (Entered: 12/28/2000)

Dec. 28, 2000

Dec. 28, 2000

36

Memo−Endorsement on letter addressed to Magistrate Judge Francis from Marc Cohan, dated 1/5/01; pltffs request that this Court direct the State defts and their expert to meet with pltffs and their expert in advance of the 1/19/01 Court conference; while an order is not warranted, the parties are encouraged to meet with the experts prior to the court conference; if it is helpful, the Court will delay its conference until the afternoon ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (lam) (Entered: 01/09/2001)

Jan. 8, 2001

Jan. 8, 2001

Pretrial Conference held before Magistrate Judge James C. Francis IV . (jp) (Entered: 01/25/2001)

Jan. 19, 2001

Jan. 19, 2001

Pretrial Conference held before Magistrate Judge James C. Francis IV. Contested Issue. (sac) (Entered: 02/07/2001)

Feb. 5, 2001

Feb. 5, 2001

Pretrial Conference held before Magistrate Judge James C. Francis IV . (jp) (Entered: 02/23/2001)

Feb. 9, 2001

Feb. 9, 2001

37

ORDER, regarding the Court's decision concerning several discovery issues present to it by letters and at several pretrial conference . ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (kw) (Entered: 02/14/2001)

Feb. 13, 2001

Feb. 13, 2001

38

Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 3/8/01; granting the parties request that pltffs' time to respond to defts' opposition to Chief Magistrate Judge Francis' 2/9/01 discovery order is extended to 3/12/01, and defts' time to reply is extended to 3/16/01. ( signed by Judge Allen G. Schwartz ); Copies mailed. (sac) (Entered: 03/12/2001)

March 9, 2001

March 9, 2001

39

Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 3/12/01; granting counsel for pltff's request for an extension of time to 3/19/01 to reply to defts response to Mag. Judge Francis' 2/9/01 discovery order ; ( signed by Judge Allen G. Schwartz ); Copies mailed. (lf) (Entered: 03/14/2001)

March 13, 2001

March 13, 2001

40

Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 2/14/01. (moc) (Entered: 04/11/2001)

April 11, 2001

April 11, 2001

41

SECOND STIPULATION of CONFIDENTIALITY and ORDER, regarding procedures that shall govern the handling of Confidential Information" and "Confidential Documents" . ( signed by Judge Allen G. Schwartz ) (ae) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

42

Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 4/11/01 @2:20 p.m. (kg) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

43

Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 6/19/01; granting counsel for the parties request for approval of the schedule as follows: pltffs will complete all discovery, including depositions by 12/31/01, pltffs will serve defts by hand delivery the results of their discovery by 12/31/01, defts will complete their review of pltffs discovery and complete their own discovery by 2/15/02; defs will serve a motion for summary judgment by 3/29/02. If pltffs decide to move for summary judgment, they will serve their motion by 3/29/02, pltffs and defts will serve their responses to or opposition to the motions for summary judgment by 4/19/02; pltffs and defts will serve replies by 4/26/02; service of all motions will be by Hand Delivery . ( signed by Judge Allen G. Schwartz ); Copies mailed. (jp) (Entered: 06/25/2001)

June 21, 2001

June 21, 2001

44

Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of 6/11/01. (yv) (Entered: 08/03/2001)

Aug. 3, 2001

Aug. 3, 2001

45

Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 12/5/01; granting counsel for pltffs' request for a postponement of the schedule for the completion of discovery and filing of motions as follows: Pltffs will complete discovery, including depositions, by 2/15/02 . Pltffs will serve defts by hand delivery the results of their discovery . Defts will complete their review of deft's discovery and complete their own discovery by 3/31/02. Defts will serve a motion for summary judgment by 4/30/02. If pltffs decide to move for summary judgment, they will serve their motion by 4/30/02. Pltffs and defts will serve their response(s) to or opposition to the motion(s) for summary judgment by 5/17/02. Pltffs and defts will serve their replies by 5/31/02. Service of all motions will be by hand delivery . ( signed by Judge Allen G. Schwartz ); Copies mailed. (sn) (Entered: 12/10/2001)

Dec. 7, 2001

Dec. 7, 2001

46

Memo−Endorsement on letter addressed to Judge Schwartz from Jose L. Velez, dated 12/7/01; granting in full pltffs' request for an extension of the discovery deadline until 2/15/02. ( signed by Judge Allen G. Schwartz ); Copies mailed. (sac) (Entered:

Dec. 11, 2001

Dec. 11, 2001

48

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for discovery disputes. Referred to Magistrate Judge James C. Francis IV. red pursuant to 28 USC 636(b)(1)(B) a report and recommendation shall be returned to the undersigned within ninety days unless for good cause shown the period is extended by the court. ( signed by Judge Allen G. Schwartz ) (rag) (Entered: 08/08/2002)

Aug. 7, 2002

Aug. 7, 2002

Discovery Conference held before Magistrate Judge Theodore H. Katz. Ruling issued on Amtraian document production. (yv) (Entered: 08/16/2002)

Aug. 12, 2002

Aug. 12, 2002

49

Transcript of record of proceedings before Judge Allen G. Schwartz for the date(s) of July 12, 2002. (jw) (Entered: 09/05/2002)

Sept. 5, 2002

Sept. 5, 2002

50

NOTICE OF MOTION by Brian J. Wing, Antonia Novello, James M. McGowen for summary judgment purs to FRCP 56(b) dismissing the amended complaint ; Return Date 12/20/02 (cd) (Entered: 10/15/2002)

Oct. 8, 2002

Oct. 8, 2002

50

RULE 56.1 STATEMENT filed by Brian J. Wing, Antonia Novello, James M. McGowen (cd) (Entered: 10/15/2002)

Oct. 8, 2002

Oct. 8, 2002

51

AFFIDAVIT of Sebastian Addamo by Brian J. Wing, Antonia Novello, James M. McGowen in support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint . (cd) (Entered: 10/15/2002)

Oct. 8, 2002

Oct. 8, 2002

52

AFFIDAVIT of Jose Velez by Brian J. Wing, Antonia Novello, James M. McGowen in support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint . (cd) (Entered: 10/15/2002)

Oct. 8, 2002

Oct. 8, 2002

53

AFFIDAVIT of Jose Velez by Brian J. Wing, Antonia Novello, James M. McGowen in support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint . (cd) (Entered: 10/15/2002)

Oct. 8, 2002

Oct. 8, 2002

54

AFFIDAVIT of Henry Pedicone by Brian J. Wing, Antonia Novello, James M. McGowen in support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint; accompanied by 5 volumes of exhibits (cd) (Entered: 10/15/2002)

Oct. 8, 2002

Oct. 8, 2002

55

MEMORANDUM OF LAW by Brian J. Wing, Antonia Novello, James M. McGowen in support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint . (cd) (Entered: 10/15/2002)

Oct. 8, 2002

Oct. 8, 2002

56

Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 10/30/02. Re:, counsel for pltff's are requesting a 10 page increase for leave to file one 60 page memorandum of law, due to the complex legal issues further set forth in said endorsed letter. Application granted , plaintiffs also request that this letter be considered a written request for reinstatement of pltff's motion for class certification. Application granted . ( signed by Judge Allen G. Schwartz ); Copies mailed by Chambers. (db) (Entered: 11/04/2002)

Oct. 31, 2002

Oct. 31, 2002

57

Memo−Endorsement on letter addressed to Judge Schwartz from Jose L. Velez, dated 10/31/02; granting defts' request to file a 60 page memorandum of law in chief in opposition to defts' motion for summary judgment and in support of their own motion. ( signed by Judge Allen G. Schwartz ); (sac) (Entered: 11/04/2002)

Nov. 1, 2002

Nov. 1, 2002

58

Memo−Endorsement on letter addressed to Judge Schwartz from Ian F. Feldman, dated 11/1/02: Sur−reply of 10 pages granted. Plaintiffs class certificate motion shall be held in abeyance granting the determination of defendants motion for summary judgment . ( signed by Judge Allen G. Schwartz ); Copies mailed by Chambers. (tp) (Entered: 11/06/2002)

Nov. 4, 2002

Nov. 4, 2002

60

NOTICE OF MOTION (filed on service date) by Kiyokie Cortes, Catalina Cruz, Angel Ivel, Arlene Edelstein for an order, purs. to FRCP 24(b), permitting Kiyokie Cortes, Catalina Cruz, Angel Ivel, and Arlene Edelstein to intervene as plaintiffs, on the ground that their claims and the claims in the main action have questions of law or fact in common . No Return Date. Affirmation of Ian F. Feldman attached. (sb) Modified on 11/13/2002 (Entered: 11/13/2002)

Nov. 7, 2002

Nov. 7, 2002

59

SEALED DOCUMENT placed in vault. (js) (Entered: 11/08/2002)

Nov. 8, 2002

Nov. 8, 2002

61

MEMORANDUM OF LAW by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young, Robert Cooper, Oksana Yakubova, Bella Gurok, Kiyokie Cortes, Catalina Cruz, Angel Ivel, Arlene Edelstein in support of [60−1] motion for an order, purs. to FRCP 24(b), permitting Kiyokie Cortes, Catalina Cruz, Angel Ivel, and Arlene Edelstein to intervene as plaintiffs, on the ground that their claims and the claims in the main action have questions of law or fact in common . (sb) (Entered: 11/13/2002)

Nov. 8, 2002

Nov. 8, 2002

62

Memo−Endorsement on letter addressed to Judge Schwartz from Jose L. Velez, dated 11/12/02. Re: counsel for dfts request that pltffs' motion for leave to intervene be similarly held in abeyance pending this Court's determination of dfts' motion for summary judgment. Dfts objection to the motion to intervene being made at this time is consistant with the Court's ruling that such motion should be made at the time the class certification is made and that both such motions should await the decision or the motion for summary judgment . ( signed by Judge Allen G. Schwartz ); Copies Mailed by Chambers. (db) Modified on 11/21/2002 (Entered: 11/21/2002)

Nov. 19, 2002

Nov. 19, 2002

63

Memo−Endorsement on letter addressed to Judge Schwartz from Jose L. Velez, dated 11/21/02: Granting defendants' request for extension of time until 2/18/02 to submit their reply papers in further support of their [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint . ( signed by Judge Allen G. Schwartz ). (tp) (Entered: 11/26/2002)

Nov. 25, 2002

Nov. 25, 2002

64

AFFIDAVIT of Sebastian Addamo in opposition to plaintiffs' motion for summary judgment and in further support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint. (jco) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

65

AFFIDAVIT of Russell Hanks in opposition to Plaintiffs' motion for summary judgment and in further support of [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint. (jco) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

66

Defendants' REPLY MEMORANDUM in opposition to plaintiffs' motion for summary judgment and in further support of defendants' motion for summary judgment. (jco) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

67

DECLARATION of Jose L. Velez in support Re: [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint. (jco) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

69

RESPONSE by Brian J. Wing, Antonia Novello, James M. McGowen to plaintiffs' Statement pursuant to Local Civil Rules 56.1. (jco) (Entered: 01/08/2003)

Jan. 7, 2003

Jan. 7, 2003

68

SEALED DOCUMENT placed in vault. (dcap) (Entered: 01/27/2003)

Jan. 7, 2003

Jan. 7, 2003

70

SEALED DOCUMENT placed in vault. (wv) (Entered: 01/31/2003)

Jan. 31, 2003

Jan. 31, 2003

72

Notice of Case reassignment to Judge Sidney H. Stein . Copy of notice and judge's rules mailed to Attorney(s) of record: Ian F. Feldman, Jose L. Velez, Patrick J. Horvath, Susan R. Sternberg, Warren B. Scharf, Esperanza Colon, Steven Godeski, Marshall Green, Richard E. Blum, Scott R. Rosenberg, Helaine M. Barnett, Rebecca Lynn Scharf, Marc Cohan, Henry A. Freedman, Matthew Schneider, Yisroel Schulman . (gf) (Entered: 04/23/2003)

April 16, 2003

April 16, 2003

71

REPLY DECLARATION of Marc Cohen by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young, Robert Cooper, Oksana Yakubova, Bella Gurok in support in further support of pltffs motion for summary judgment. (db) (Entered: 04/23/2003)

April 21, 2003

April 21, 2003

73

REPLY DECLARATION of Richard Blum by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young, Robert Cooper, Oksana Yakubova, Bella Gurok in further support of pltff motion for summary judgment. (db) (Entered: 04/23/2003)

April 21, 2003

April 21, 2003

75

DECLARATION of Ian F. Feldman by Tyetta Meacham, Maria Calderon, Nery Rosado, Alejandro Urena, Anthony Young, Robert Cooper, Oksana Yakubova, Bella Gurok in opposition Re: [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint and in support of pltff motion for summary judgment. (db) (Entered: 04/23/2003)

April 21, 2003

April 21, 2003

76

ORDER, dismissing, without prejudice, [60−1] motion for an order, purs. to FRCP 24(b), permitting Kiyokie Cortes, Catalina Cruz, Angel Ivel, and Arlene Edelstein to intervene as plaintiffs, on the ground that their claims and the claims in the main action have questions of law or fact in common, dismissing, without prejudice, [50−1] motion for summary judgment purs to FRCP 56(b) dismissing the amended complaint, set pretrial conference for 9:00 a.m. on 11/13/03 . ( signed by Judge Sidney H. Stein ); (kw) (Entered: 09/29/2003)

Sept. 25, 2003

Sept. 25, 2003

77

Order that case be referred to the Clerk of Court for assignment to Magistrate Judge Francis for Settlement. ( signed by Judge Sidney H. Stein ) (tp) (Entered: 10/08/2003)

Oct. 7, 2003

Oct. 7, 2003

78

Memo−Endorsement on letter addressed to Judge Sidney H. Stein from Ian F. Feldman, dated 11/10/03; the conference is adjourned to 12/19/03 at 10:00 A.M. ( signed by Judge Sidney H. Stein ); (sac) (Entered: 11/17/2003)

Nov. 13, 2003

Nov. 13, 2003

79

NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Sidney H. Stein no longer assigned to the case. (gf, ) (Entered: 01/07/2004)

Dec. 18, 2003

Dec. 18, 2003

Minute Entry for proceedings held before Judge P. Kevin Castel : Interim Pretrial Conference held on 12/19/2003. The parties are present. The parties will continue their settlement negotiations. Next Pretrial Conference set for 2/27/2004 10:15 AM before P. Kevin Castel. The parties will prepare and submit a new scheduling order prior to 02/27/04. (jeh, ) (Entered: 01/15/2004)

Dec. 19, 2003

Dec. 19, 2003

Minute Entry for proceedings held before Judge P. Kevin Castel : Status Conference held on 12/19/2003. (jeh, ) (Entered: 01/21/2004)

Dec. 19, 2003

Dec. 19, 2003

80

ENDORSED LETTER addressed to Judge Castel from Counsel for both Parties dated 2/23/04 re: 1. There is no pending summary judgment motion according too my heading of the docket sheet (see Docket Entry 76, 9/25/03). if defendants wish to refile a new motion for summary judgment, they may do so by serving and filing a new notice of motion. Prior briefs and affidavits may be relied upon. 2. Fact discovery is closed. 3. All expert designations and all expert discovery to be completed by 4/30/04. Parties should arrange their own time periods within that parameter and present it to the Court of the 2/27/04 conference. (Signed by Judge P. Kevin Castel on 2/23/04) Copies Faxed By Chambers.(tp, ) (Entered: 02/25/2004)

Feb. 24, 2004

Feb. 24, 2004

Minute Entry for proceedings held before Judge P. Kevin Castel : Interim Pretrial Conference held on 2/27/2004. (dle, ) (Entered: 03/02/2004)

Feb. 27, 2004

Feb. 27, 2004

Minute Entry for proceedings held before Judge P. Kevin Castel : Interim Pretrial Conference held on 2/27/2004. (dle, ) (Entered: 03/02/2004)

Feb. 27, 2004

Feb. 27, 2004

81

ENDORSED LETTER addressed to Judge P. Kevin Castel from Vincent Leong dated 3/30/04 re: counsel for defendants request an extension of time for them to file their motion for summary judgment until 4/14/04 and that plaintiffs response be adjourned to 5/14/04. The applicaiton to adjust the briefing schedule as set forth in Mr. Leong's letter is GRANTED. The scope of the motions have been tailored and Mr. Leong's request for a 60 page brief−−more than double the usual page limit is DENIED without prejudice to explaining why such an extraordinary length is now required in light of the narrowing of the issues. (Signed by Judge P. Kevin Castel on 3/31/04) Copies Faxed by Chambers.(db, ) (Entered: 04/02/2004)

March 31, 2004

March 31, 2004

Set Deadlines/Hearings: Motions due by 4/14/2004. Responses due by 5/14/2004 (db, ) (Entered: 04/02/2004)

March 31, 2004

March 31, 2004

82

ENDORSED LETTER addressed to Judge P. Kevin Castel from Vincent Leong dated 4/13/04 re: dfts request with plaintiffs' counsel consent, permission to submit a memorandum of law in support of dft's motion for summary judgment (currently due 4/14/04); the parties are directed to appear before me on 4/19/04 @11:00 a.m. There appears to be fundamental misunderstanding of the forthcoming motion. Prior to and at our last conference 2/27/04, plaintiffs expressed a desire to refile their summary judgment motion and dfts expressed a desire to refile their summary judgment motion. We recessed to permit the parties to confer privately. thereafter, it was agreed that I would set a trial date of 9/7/04.that the summary judgment motions would not be refiled at that defendants would present their legal defenses by way of motion... specifically, I recall Mr. Leong referring to an 11th argument, Mr. Leong?s letter of 4/13/04 appears to proceed from the premise that none of the foregoing transpired on 2/27. His requests is denied. (Signed by Judge P. Kevin Castel on 4/14/04) (pl, ) Modified on 4/19/2004 (pl, ). (Entered: 04/19/2004)

April 14, 2004

April 14, 2004

83

ENDORSED LETTER addressed to Judge P. Kevin Castel from Vincent Leong dated 4/16/04 re: granting NYS Attorney General's request for confirmation of the following pursuant to 4/14/04 telephone conference: dfts' resubmission of their summary judgment motion 4/21/04; plaintiffs' opposition would be due 5/21/04 and dfts' reply due 6/4/04; the court also extended the page limitation to 40 pages for dfts' memorandum of law and plaintiffs' opposing memorandum of law and 20 pages for dfts' reply memo, also granting request that the court vacate the 4/19/04 conference date. (Signed by Judge P. Kevin Castel on 4/16/04) (dle, ) (Entered: 04/20/2004)

April 19, 2004

April 19, 2004

Set/Reset Deadlines: Motions due by 4/21/2004. Replies due by 6/4/2004. Responses due by 5/21/2004 (dle, ) (Entered: 04/20/2004)

April 19, 2004

April 19, 2004

84

NOTICE OF MOTION for Summary Judgment &dismiss the amended complt.attached Local Rule 56.1 statement of material facts. (nite dep. box) Document filed by James M. McGowen, Antonia Novello, Brian J. Wing. Return Date set for 6/11/2004. (pa, ) (Entered: 04/27/2004)

April 26, 2004

April 26, 2004

85

MEMORANDUM OF LAW in Support re: 84 MOTION for Summary Judgment. (nite dep. box). Document filed by James M. McGowen, Antonia Novello, Brian J. Wing. (pa, ) (Entered: 04/27/2004)

April 26, 2004

April 26, 2004

86

ENDORSED LETTER addressed to Judge P. Kevin Castel from Marc Cohan dated 4/23/04 re: Counsel for plaintiffs writes to request that the Court dismiss defendants' motion for summary judgment, with leave to refile within 10 days upon condition that the motion is limited solely to legal defenses. Defendants are will aware of the representation they have made to the Court as to the scope of their motion. If they have exceeded the scope of their representation, then I will address it in my ruling on the motion. Plaintiffs should respond in accordance with the existing schedule. As I understand what I will be reading from defendants it will ask me to assume arguendo ad solo for the purposes of the motion that plaintiffs' facts are true. So Ordered (Signed by Judge P. Kevin Castel on 4/23/04) (jco, ) Modified on 4/27/2004 (jco, ). (Entered: 04/27/2004)

April 26, 2004

April 26, 2004

87

NOTICE of Change of Address by Robert Cooper, Bella Gurok, Tyetta Meacham, Nery Rosado, Alejandro Urena, Oksana Yakubova, Anthony Young. New Address: New York Legal Assistance Group, 450 West 33rd Street, 11th Floor, New York, New York, 10001, (212) 750−0800. (dle, ) (Entered: 05/13/2004)

May 11, 2004

May 11, 2004

88

PLAINTIFFS' RULE 56.1(a) STATEMENT. Document filed by Maria Calderon, Robert Cooper, Bella Gurok, Tyetta Meacham, Nery Rosado, Alejandro Urena, Oksana Yakubova, Anthony Young. (db, ) (Entered: 05/24/2004)

May 21, 2004

May 21, 2004

89

MEMORANDUM OF LAW in Opposition re: 84 Motion for Summary Judgment. Document filed by Maria Calderon, Robert Cooper, Bella Gurok, Tyetta Meacham, Nery Rosado, Alejandro Urena, Oksana Yakubova, Anthony Young. (db, ) Modified on 5/24/2004 (db, ). (Entered: 05/24/2004)

May 21, 2004

May 21, 2004

90

DECLARATION of Ian F. Feldman in Opposition of defendants 84 MOTION for Summary Judgment. Document filed by Maria Calderon, Robert Cooper, Bella Gurok, Tyetta Meacham, Nery Rosado, Alejandro Urena, Oksana Yakubova, Anthony Young. (db, ) (Entered: 05/24/2004)

May 21, 2004

May 21, 2004

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: June 25, 1999

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who were previously receiving benefits under one or more of Food Stamps, Medicaid, or Food Assistance, but whose benefits have been terminated.

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

State of New York Office of Temporary Disability Assistance, State

State of New York Department of Health, State

State of New York Department of Labor, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Supremacy Clause

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

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

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

Type of Facility:

Government-run

Benefit Source:

Food stamps

Medicaid