Case: Rodriguez v. Whalen

Rodriguez v. DeBuono

Rodriguez v. DeBuono

U.S. Court of Appeals for the Second Circuit

Rodriguez v. DeBuono

U.S. Court of Appeals for the Second Circuit

Rodriguez v. DeBuono

U.S. Court of Appeals for the Second Circuit

Rodriguez v. DeBuono

U.S. Court of Appeals for the Second Circuit

Rodriguez v. DeBuono

U.S. Court of Appeals for the Second Circuit

Rodriguez v. DeBuono

U.S. Court of Appeals for the Second Circuit

Rodriguez v. DeBuono

Rodriguez v. City of New York

U.S. Court of Appeals for the Second Circuit

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 280440 (em) (Entered: 02/05/1997)

CASE REFERRED TO Judge Scheindlin (em) (Entered: 02/05/1997)

CASE REFERRED TO Judge Scheindlin (em)

MEMORANDUM OF LAW by Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett in support of Preliminary Relief. (djc) (Entered: 02/06/1997)

Notice of assignment _ to Judge Shira A. Scheindlin Copy of notice and judge's rules mailed to Attorney(s) of record: Leslie Salzman . (sac) (Entered: 02/27/1997)

Case accepted as related to 96 Civ 788 . Notice of assignment to follow. (sac) (Entered: 02/27/1997)

Case accepted as related to 96 Civ 788 . Notice of assignment to follow. (sac)

Pre−trial conference held before Judge Scheindlin. (rag) (Entered: 02/20/1997)

Pre-trial conference held before Judge Scheindlin. (rag)

Pre−trial conference held before Judge Scheinlin. (rag) Modified on 03/10/1997 (Entered: 02/24/1997)

Pre-trial conference held before Judge Scheinlin. (rag) Modified on 03/10/1997

Affidavit of service as to Brian Wing by serving the papers at his business on 2/3/97. (Also docketed in 96 civ. 788) (kw) (Entered: 03/05/1997)

AFFIDAVIT in opposition of Lori A. Alesio to Certify Class Action. (ae) (Entered: 04/02/1997)

AFFIDAVIT in opposition of Stephen Fisher by Barbara Debuono, Brian Wing to plaintiff's Order to Show Cause. (Also docketed in 96 civ. 788) (kw) Modified on 03/14/1997 (Entered: 03/14/1997)

AFFIDAVIT of Stephen Fisher Re: in Opposition to the Plaintiff's Order to Show Cause dated February 3, 1997 for a preliminary injunction and in conformity with the February 21, 1997 Order of Judge Scheindlin (djc) (Entered: 03/19/1997)

DECLARATION of Judith C. McCarthy in opposition to pltffs' motion for a preliminary injunction enjoining the NYS Dept. of Social Services from permitting local social services districts or agencies w/in the State NY to continue to use task-based assessment programs in their Medicaid-funded home care services programs. (kg) (Entered: 03/19/1997)

AFFIDAVIT in opposition of Frances M. Louth by deft-intervenor City of New York Human Resources Administration's Home Care Services Program Re: to pltffs' motions for class certification and a preliminary injunction prohibiting the local social services districts and agencies throughout NYS from utilizing their task-based assessment programs in determining the number and type of medically necessary tasks to provide to authorized recipients of home care services. (kg) (Entered: 03/19/1997)

MEMORANDUM OF LAW by deft-intervenor Lilliam Barrios-Paoli in opposition to pltffs' motion for a preliminary injunction. (kg) (Entered: 03/19/1997)

STIPULATION PERMITTING INTERVENTION, that the following social services districts are permitted to intervene in this action as defendants: The City of NY; Nassau County; Suffolk County; Westchester County; Greene County. That the time periods established in this case for the defendants' responsive papers to the plaintiffs' motions for class certification and a preliminary injunction shall be applicable to the intervening defendants. ( signed by Judge Shira A. Scheindlin ) (Also docketed in 96 civ. 788) (kw) (Entered: 03/21/1997)

Filed Memo-Endorsement on letter from James M. Hershler, Asst. atty General dated 3/19/97 requesting leave for the State defts to file an affidavit in excess of the 10 page limit in oppostion to pltffs' preliminary injunction motion......LEAVE FOR A LONGER AFFIDAVIT IS GRANTED. SO ORDERED 3/19/97. SCHEINDLIN, J. ( signed by Judge Shira A. Scheindlin ) (lam) (Entered: 03/21/1997)

AFFIRMATION of Lori A. Alesio for Westchester County Dept. of Social Scvc. an intervening party in this action IN OPPOSITION TO request for preliminary injunction (ls) (Entered: 03/28/1997)

MEMORANDUM by Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett in SUPPORT of Motion for class Certification (motion not filed). (lam) (Entered: 04/01/1997)

DECLARATION of Donna Dougherty, atty for Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett in SUPPORT of Motion for Class Certification (motion not filed). (lam) (Entered: 04/01/1997)

MEMORANDUM by Barbara Debuono, Brian Wing in OPPOSITION to pltffs' Motion for Class Certification (motion not filed). (lam) (Entered: 04/01/1997)

AFFIDAVIT of Linda A. Oettinger, Dir. of Medical Services at the Greene County Dept. of Social Services by Barbara Debuono, Brian Wing Re: in OPPOSITION to the Pltffs Order to Show Cause, dated 2/3/97 for class cerification (motion not filed). (lam) (Entered: 04/01/1997)

AFFIDAVIT of Paula Freedman, Dep. Comm. in Onondaga Cnty Dept of Long Term Care by Barbara Debuono, Brian Wing. (lam) (Entered: 04/01/1997)

REPLY MEMORANDUM by Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett re: [16-1] affidavit, [15-1] opposition memorandum and in FURTHER SUPPORT of Motion for Class Certification (motion not filed). (lam) (Entered: 04/01/1997)

Pre−trial conference held before Judge Scheindlin. (rag) (Entered: 04/04/1997)

Pre-trial conference held before Judge Scheindlin. (rag)

Transcript of record of proceedings filed for dates of 2/3/97 before Judge Scheindlin. (sac) (Entered: 04/07/1997)

Transcript of record of proceedings filed for dates of February 21, 1997, before Hon. Shira A. Scheindlin. (em) (Entered: 04/07/1997)

MEMORANDUM by Barbara Debuono, Brian Wing in opposition to plntfs' motion for a preliminary injunction (cd) (Entered: 04/14/1997)

AFFIDAVIT in support of K. Sherry by Barbara Debuono, Brian Wing Re: [22-1] opposition memorandum (cd) (Entered: 04/14/1997)

REPLY MEMORANDUM by Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett re: motion for preliminary injunction (cd) (Entered: 04/14/1997)

Reply affidavit of D. Dougherty by Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett in support of motion for preliminary injunction (cd) (Entered: 04/14/1997)

hearing begun before Judge Scheindlin on 4/15/97 (contested Issue) (ls) (Entered: 04/22/1997)

hearing begun before Judge Scheindlin on 4/15/97 (contested Issue) (ls)

hearing continued before Judge Scheindlin on 4/16/97 (contested Issue) (ls) (Entered: 04/22/1997)

hearing concluded before Judge Scheindlin on 4/16/97 (contested issue) (ls) (Entered: 04/22/1997)

hearing continued before Judge Scheindlin on 4/16/97 (contested Issue) (ls)

hearing concluded before Judge Scheindlin on 4/16/97 (contested issue) (ls)

NOTICE of attorney appearance for Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett by Batya G. Rephun (djc) (Entered: 04/29/1997)

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Disputes only when Dist. Judge is unavailable....Settlement ( signed by Judge Shira A. Scheindlin ) Referred to Magistrate Judge Naomi R. Buchwald (kg) (Entered: 05/06/1997)

Settlement conference held on 5/8/97 before Mag. Judge Buschwald (pl) (Entered: 05/12/1997)

Settlement conference held on 5/8/97 before Mag. Judge Buschwald (pl)

Settlement conference held before Magistrate Judge Buchwald. (rag) (Entered: 06/02/1997)

Settlement conference held before Magistrate Judge Buchwald. (rag)

Transcript of record of proceedings before Judge Scheindlin filed for dates of April 1, 1997. (sac) (Entered: 06/03/1997)

STIPULATION and ORDER, for confidentiality re discovery disclosures ( signed by Judge Shira A. Scheindlin ). (cd) (Entered: 06/09/1997)

Pre−trial conference held before Judge Scheindlin. (rag) (Entered: 06/11/1997)

Pre-trial conference held before Judge Scheindlin. (rag)

FINDINGS OF FACT AND CONCLUSIONS OF LAW (unsigned) (djc) (Entered: 06/26/1997)

Defendant-Intervenor City of New York's Memorandum of Law in Opposition to Plaintiffs' Motion for Intervention (djc) (Entered: 06/26/1997)

Plaintiffs' Proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW (unsigned) (djc) (Entered: 06/26/1997)

PROPOSED PLAINTIFF INBERVENORS' REPLY MEMORANDUM of LAW (djc) (Entered: 07/01/1997)

MEMORANDUM of Law of State Defendants in opposition to Plaintiffs' Motion for Intervention (djc) (Entered: 07/01/1997)

MEMORANDUM of LAW by Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett in support of Motion for Intervention. (djc) (Entered: 07/01/1997)

NOTICE OF MOTION to intervene by Leslie Salzman Ruvim Aselrod, Maria Smirov, Isadora Baez, Gladys Osorio, Doris Pollard, Shelton Bean, Helen Bean, Cipriano Soliven, Dominga Vocal, Maria Vizueta, Mario Vizueta, Inez Feliciano, Frank Quiles, Marta Anderson, Mollie Schiffer, Geraldine Johnson, Phillip Thomas, Mariamma David, Fredy David, Ann Reece, Pearl Malcolm, NYC Dept of Soc. Svc, Nassau Cty Dpt Soc, Suffolk Cty Soc. Svc, Westchester Cty Soc., Return date 6/27/97. (djc) (Entered: 07/02/1997)

MEMORANDUM OPINION #79030 granting in part, denying in part [36-1] motion to intervene by Leslie Salzman Ruvim Aselrod, Maria Smirov, Isadora Baez, Gladys Osorio, Doris Pollard, Shelton Bean, Helen Bean, Cipriano Soliven, Dominga Vocal, Maria Vizueta, Mario Vizueta, Inez Feliciano, Frank Quiles, Marta Anderson, Mollie Schiffer, Geraldine Johnson, Phillip Thomas, Mariamma David, Fredy David, Ann Reece, Pearl Malcolm, NYC Dept of Soc. Svc, Nassau Cty Dpt Soc, Suffolk Cty Soc. Svc, Westchester Cty Soc; plntfs' motion for a part; defts are to include safety monitoring as a separate task on their TBA forms, assess the need for safety monitoring as a separate task, and calculate any minutes allotted for safety monitoring as part of the total personal care services hours authorized, for both applicants and recipients; the City of NY is to include th total number of task hours authorized as a component of its initial authorization notice ( Signed by Judge Shira A. Scheindlin ); Copies mailed. (cd) Modified on 08/06/1997 (Entered: 08/05/1997)

Transcript of record of proceedings filed before Judge Scheindlin for dates of April 15,16,17,23, 1997 (jp) (Entered: 08/13/1997)

Transcript of record of proceedings filed before Judge Scheindlin for dates of May 1,2, June 9,12,16,17,18, 1997 (jp) (Entered: 08/13/1997)

NOTICE OF MOTION by Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett for reconsideration of the determination dated August 4, 1997, Return date 9/5/97 (djc) (Entered: 08/19/1997)

MEMORANDUM of LAW by Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett in support of [40-1] motion for reconsideration of the determination dated 4, 1997 (djc) (Entered: 08/19/1997)

Pre−trial conference held before Judge Scheindlin. (rag) (Entered: 08/25/1997)

Pre-trial conference held before Judge Scheindlin. (rag)

AMENDED OPINION AND ORDER #79030, plaintiffs' motion for class certification is granted in part and denied in part. Plaintiffs' motion for a preliminary injunction is also granted in part and denied in part ; granting [40-1] motion for reconsideration of the determination dated August 4, 1997, granting [36-1] motion to intervene by Leslie Salzman Ruvim Aselrod, Maria Smirov, Isadora Baez, Gladys Osorio, Doris Pollard, Shelton Bean, Helen Bean, Cipriano Soliven, Vocal, Maria Vizueta, Mario Vizueta, Inez Feliciano, Frank Quiles, Marta Anderson, Mollie Schiffer, Geraldine Johnson, Phillip Thomas, Mariamma David, Fredy David, Ann Reece, Pearl Malcolm, NYC Dept of Soc. Svc, Nassau Cty Dpt Soc, Suffolk Cty Soc. Svc, Westchester Cty Soc.; the August 4, 1997 Opinion and Order is hereby withdrawn and is superseded by this Opinion and Order ; Ordered that defendants include safety monitoring as a separate task on their TBA forms, assess the need of safety monitoring as a separate task, and calculate any minutes allotted for safety monitoring as part of the total personal care services hours authorized, for both applicants and recipients; and it is further Ordered that the City of New York include the total number of task hours authorized and the allocation of those hours by the number of hours per day as a component of its initial notice, and, to the extent this information is not already included, as a component of its reauthorization notice (Signed by Judge Shira A. Scheindlin) Copies mailed. (djc) (Entered: 09/02/1997)

Case closed as per instructions from Jim Riley, Courtroom Deputy to Judge Scheindlin. (emil) (Entered: 06/24/1998)

Case closed as per instructions from Jim Riley, Courtroom Deputy to Judge Scheindlin. (emil)

Pre−trial conference held before Judge Scheindlin. (rag) (Entered: 09/02/1997)

Pre-trial conference held before Judge Scheindlin. (rag)

NOTICE OF APPEAL ; by the Intervenor-defendant City of New York ; from [42-1] order plaintiffs' motion for class certification is granted in part and denied in part. Plaintiffs' motion for a preliminary injunction is also granted in part and denied in part, [42-2] order the August 4, 1997 Opinion and Order is hereby withdrawn and is superseded by this Opinion and Order, [42-3] order Ordered that defendants include safety monitoring as a separate task on their TBA forms, assess the need of safety monitoring as a separate task, and calculate any minutes allotted for safety monitoring as part of the total personal care services hours authorized, for both applicants and recipients; and it is further Ordered that the City of New York include the total number of task hours authorized and the allocation of those hours by the number of hours per day as a component of its initial notice, and, to the extent this information is not already included, as a component of its reauthorization notice, [42-4] order . Copies of notice of appeal mailed to Attorney(s) of Record: iMichael T. Hopkins, Esq., Lark Teitler, Esq., James M. Herscher, Esq., Barbara Barton, Esq., Michael Scherz, Esq., Yisroel Schulman, Esq., Donna Dougherty, Esq., Leslie Salzmn, Esq., Paris Baldacci, Esq., Toby Golick, Esq. and Lori A. Alesio, Esq. $105.00 Appeal filinf fee paid on receipt # E 296660 on September 10, 1997. (dt) Modified on 09/12/1997 (Entered: 09/12/1997)

NOTICE OF APPEAL by Intervenor-deft, Irene Lapidez ; from [42-1] order plaintiffs' motion for class certification is granted in part and denied in part. Plaintiffs' motion for a preliminary injunction is also granted in part and denied in part . Copies of notice of appeal mailed to Attorney(s) of Record: Leslie Salzman, Donna Dougherty, Michael Scherz, Judith C. McCarthy, Lori A. Alesio, Barbara Barton. Fee pd. $105.00, rec # 297098 . (as) Modified on 09/17/1997 (Entered: 09/17/1997)

NOTICE OF APPEAL by Westchester Cty Soc. ; from [42-1] order plaintiffs' motion for class certification is granted in part and denied in part. Plaintiffs' motion for a preliminary injunction is also granted in part and denied in part . Copies of notice of appeal mailed to Attorney(s) of Record: Leslie Salzman, Donna Dougherty, Michael Scherz, James M. Herschler, Judith C. McCarthy, Michael T. Hopkins, Barbara Barton. Fee Pd. $ 105 in White Plains, REc # 289350. . (as) (Entered: 09/22/1997)

Filed Memo-Endorsement on letter by Judith C. McCarthy to Judge Scheindlin dated 9/16/97, a pre-motion conference is scheduled for 9/24/97 at 4:00 p.m. ( signed by Judge Shira A. Scheindlin ). (ae) (Entered: 09/19/1997)

NOTICE OF APPEAL by Barbara Debuono, Brian Wing ; from [42-1] order plaintiffs' motion for class certification is granted in part and denied in part. Plaintiffs' motion for a preliminary injunction is also granted in part and denied in part, [42-2] order the August 4, 1997 Opinion and Order is hereby withdrawn and is superseded by this Opinion and Order, [42-3] order Ordered that defendants include safety monitoring as a separate task on their TBA forms, assess the need of safety monitoring as a separate task, and calculate any minutes allotted for safety monitoring as part of the total personal care services hours authorized, for both applicants and recipients; and it is further Ordered that the City of New York include the total number of task hours authorized and the allocation of those hours by the number of hours per day as a component of its initial notice, and, to the extent this information is not already included, as a component of its reauthorization notice . Copies of notice of appeal mailed to Attorney(s) of Record: Leslie Salzman, Esq., Paris Baldacci, Esq., Toby Golick, Esq., Donna Dougherty, Esq., Michael Scherz, Esq., Yisroel Schulman, Esq., Judith C. McCarthy., Esq., Michael T. Hopkins, Esq., Lori A. Alesio, Esq. and Barbara Barton Esq. $105.00 Appeal filing fee paid on receipt # E 297455 on September 22, 1997.(dt) Modified on 09/23/1997 (Entered: 09/23/1997)

NOTICE OF APPEAL by Juana Rodriguez, et al., and plaintiff-intervenors, Ruvim Aselrod, et al., ; from [42-1] order plaintiffs' motion for class certification is granted in part and denied in part. Plaintiffs' motion for a preliminary injunction is also granted in part and denied in part, [42-2] order the August 4, 1997 Opinion and Order is hereby withdrawn and is superseded by this Opinion and Order, [42-3] order Ordered that defendants include safety monitoring as a separate task on their TBA forms, assess the need of safety monitoring as a separate task, and calculate any minutes allotted for safety monitoring as part of the total personal care services hours authorized, for both applicants and recipients; and it is further Ordered that the City of New York include the total number of task hours authorized and the allocation of those hours by the number of hours per day as a component of its initial notice, and, to the extent this information is not already included, as a component of its reauthorization notice, [42-4] order . Copies of notice of appeal mailed to Attorney(s) of Record: James Hershler, Esq., Judith McCarthy, Esq., Michael Hopkins, Esq., Lori Alessio, Esq. and Barbara Barton, Esq. $105.00 Appeal filing fee paid on receipt # E 297655. (dt) Modified on 09/25/1997 (Entered: 09/25/1997)

NOTICE OF APPEAL by Suffolk Cty Soc. Svc ; from [42-1] order plaintiffs' motion for class certification is granted in part and denied in part. Plaintiffs' motion for a preliminary injunction is also granted in part and denied in part, [42-2] order the August 4, 1997 Opinion and Order is hereby withdrawn and is superseded by this Opinion and Order, [42-3] order Ordered that defendants include safety monitoring as a separate task on their TBA forms, assess the need of safety monitoring as a separate task, and calculate any minutes allotted for safety monitoring as part of the total personal care services hours authorized, for both applicants and recipients; and it is further Ordered that the City of New York include the total number of task hours authorized and the allocation of those hours by the number of hours per day as a component of its initial notice, and, to the extent this information is not already included, as a component of its reauthorization notice, [42-4] order . Copies of notice of appeal mailed to Attorney(s) of Record: Leslie Salzman, Esq., Paris Baldacci, Esq., Toby Golick, Esq., Donna Dougherty, Esq., Michael Scherz, Esq., Yisroel ZSchulman, Esq., James M. Herschler, Esq., Judith C. McCarthy, Esq., Michael T. Hopkins, Esq., Lark Teitler, Esq. and Lori A. Alesio, Esq. $105.00 Appeal filing fee paid on receipt # E 297559 on September 24, 1997. (dt) (Entered: 09/25/1997)

Pre−trial conference held (rag) (Entered: 09/29/1997)

Pre-trial conference held (rag)

AFFIDAVIT of William Heiselman by Suffolk Cty Soc. Svc Re: joining the City of New York's application for a stay, pending appeal of the amended Opinion and Order of the Court, dated 8/21/97 and entered on 9/2/97 for all the reasons set forth in the City of New York's Memorandum of Law. (ae) (Entered: 10/06/1997)

AFFIDAVIT in support of Lori A. Alesio by Westchester Cty Soc. Re: Stay Pending Appeal. (ae) (Entered: 10/08/1997)

NOTICE OF MOTION by City of New York for an order pursuant to Rule 62(c) of the FRCP staying the portion of the Court's Amended Opinion and Order, dated 8/21/97, requiring defendants "to include safety monitoring as a separate task on their TBA ["Task Based Assessment"] forms, assess the need for safety-monitoring as a separate task, and calculated any minutes allotted for safety monitoring as part of the total personal care services hours authorized, for both applicants and recipients, Return date 10/23/97 (ae) (Entered: 10/08/1997)

MEMORANDUM OF LAW by City of New York in support of [51-1] motion for an order pursuant to Rule 62(c) of the FRCP staying the portion of the Court's Amended Opinion and Order, dated 8/21/97, requiring defendants "to include safety monitoring as a separate task on their TBA ["Task Based Assessment"] forms, assess the need for safety-monitoring as a separate task, and calculated any minutes allotted for safety monitoring as part of the total personal care services authorized, for both applicants and recipients (ae) (Entered: 10/08/1997)

AFFIDAVIT in support of Kathleen Tyler by City of New York Re: [51-1] motion for an order pursuant to Rule 62(c) of the FRCP staying the portion of the Court's Amended Opinion and Order, dated 8/21/97, requiring defendants "to include safety monitoring as a separate task on their TBA ["Task Based Assessment"] forms, assess the need for safety-monitoring as a separate task, and calculated any minutes allotted for safety monitoring as part of the total personal care services hours authorized, for both applicants and recipients (ae) (Entered: 10/08/1997)

Transcript of record of proceedings before Judge Scheindlin filed for dates of August 20, 1997 (jp) (Entered: 10/08/1997)

Reply affidavit of M. Hopkins re direction of the Court issued at the 9/24/97 conference held to discuss a stay of the Court's 8/21/97 order pending an appeal (cd) (Entered: 10/16/1997)

DECLARATION of M. Scherz in opposition by Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett [51-1] motion for an order pursuant to Rule 62(c) of the FRCP staying the portion of the Court's Amended Opinion and Order, dated 8/21/97, requiring defendants "to include safety monitoring as a separate task on their TBA ["Task Based Assessment"] forms, assess the need for safety-monitoring as a separate task, and calculated any minutes allotted for safety monitoring as part of the total personal care services hours authorized, for both applicants and recipients (cd) (Entered: 10/16/1997)

MEMORANDUM by Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett in opposition to [51-1] motion for an order pursuant to Rule 62(c) of the FRCP staying the portion of the Court's Amended Opinion and Order, dated 8/21/97, requiring defendants "to include safety monitoring as a separate task on their TBA ["Task Based Assessment"] forms, assess the need for safety-monitoring as a separate task, and calculated any minutes allotted for safety monitoring as part of the total personal care services hours authorized, for both applicants and recipients (cd) (Entered: 10/16/1997)

REPLY AFFIDAVIT of Kathleen Tyler by City of New York Re: in reply to pltffs' papers [58-1] opposition memorandum, [57-1] affidavit in opposition, to defts motion to stay. (sac) (Entered: 10/16/1997)

DECLARATION of Judith C. McCarthy in further support by City of New York [51-1] motion for an order pursuant to Rule 62(c) of the FRCP staying the portion of the Court's Amended Opinion and Order, dated 8/21/97, requiring defendants "to include safety monitoring as a separate task on their TBA ["Task Based Assessment"] forms, assess the need for safety-monitoring as a separate task, and calculated any minutes allotted for safety monitoring as part of the total personal care services hours authorized, for both applicants and recipients (sac) (Entered: 10/16/1997)

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals on October 17, 1997. (dt) (Entered: 10/17/1997)

Pre−trial conference held (rag) (Entered: 10/27/1997)

Pre-trial conference held (rag)

Transcript of record of proceedings before Judge Scheindlin filed for dates of September 24, 1997 (pl) (Entered: 11/03/1997)

Filed Memo-Endorsement on letter dated 10/27/97 from Donna Dougherty, plaintiffs have moved to modify my order granting a stay of my 8/21/97 order pending appellate review. For the reasons stated in opposition to the motion, the request for modification is in all respects denied ( signed by Judge Shira A. Scheindlin ) (kw) (Entered: 11/05/1997)

Transcript of record of proceedings before Judge Scheindlin filed for dates of October 23, 1997 (jp) (Entered: 12/05/1997)

Withdrawal of appeal by both counsel without costs and without attys. fees. (97-9204) George Lange, III, CLerk, USCA. (as) (Entered: 12/22/1997)

Indexed record on appeal files (97−9152) sent to the U.S.C.A. on May 14, 1998. by DT. (Files requested by Helena Harris from the U.S.C.A.). (dt) (Entered: 05/14/1998)

Indexed record on appeal files (97-9152) sent to the U.S.C.A. on May 14, 1998. by DT. (Files requested by Helena Harris from the U.S.C.A.). (dt)

NOTICE OF MOTION to intervene by Mollie Peckman, Return date 7/30/98; attached are papers in support (cd) (Entered: 07/29/1998)