Case: Rodriguez v. Whalen

1:97-cv-00700 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 3, 1997

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On February 3, 1997, a group of New York State Medicaid home care applicants and recipients filed a lawsuit under the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Medicaid Act, against the Commissioner of the New York State Department of Health in the United States District Court for the Southern District of New York. Plaintiffs, represented by legal services, asked the court for a permanent injunction, claiming that the State had discriminated against them in violati…

On February 3, 1997, a group of New York State Medicaid home care applicants and recipients filed a lawsuit under the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Medicaid Act, against the Commissioner of the New York State Department of Health in the United States District Court for the Southern District of New York. Plaintiffs, represented by legal services, asked the court for a permanent injunction, claiming that the State had discriminated against them in violation of the ADA. Specifically, Plaintiffs claimed that the State's failure to include safety monitoring discriminates against individuals who would otherwise be eligible for community services.

On August 25, 1997, the Court (Judge Shira A. Scheindlin) granted in part and denied in part both Plaintiffs' motion for class certification and Plaintiffs' motion for a preliminary injunction. Rodriguez v. DeBuono, 177 FRD 143 (S.D.N.Y. 1997). The Court found that Plaintiffs met the requirements for certification of a statewide class. The Court then held that Plaintiffs met the requirements to certify a statewide subclass of applicants and recipients with safety monitoring needs, as well as City and Nassau subclasses. The Court rejected Plaintiffs' "span of time" subclass. Further, considering Plaintiffs' motion for a preliminary injunction, the Court found that Plaintiffs showed irreparable harm and a substantial likelihood of success on the merits on their safety monitoring claim, but that they had not done so on their "span of time" claims.

Defendants appealed, and the Second Circuit Court of Appeals reversed and remanded on November 16, 1998. Rodriguez v. DeBuono, 162 F.3d 56 (2d Cir. 1998). The Court of Appeals vacated the portion of the District Court's order that imposed a preliminary injunction granting safety monitoring relief because it found that the District Court "misunderstood" the requirement that harm be imminent. The Second Circuit issued an amended opinion on March 23, 1999. Rodriguez v. DeBuono, 175 F.3d 227 (2d Cir. 1999).

On April 19, the District Court granted Plaintiffs' motion for a preliminary injunction. Rodriguez v. DeBuono, 44 F. Supp. 2d 601 (S.D.N.Y. 1999). Specifically, the Court found that Defendants' failure to include safety monitoring in its program for home care services violated the Medicaid Act, the ADA, and the Rehabilitation Act and permanent injunctive relief was warranted.

Defendants appealed, and the Second Circuit reversed on October 6, 1999. Rodriguez v. City of New York, 197 F.3d 611 (2d Cir. 1999). The Court of Appeals held that Defendant did not violate the ADA by failing to provide safety monitoring to those with disabilities because it did not provide safety monitoring as a separate benefit for any person. As such, Defendants were not discriminating against Plaintiffs within the meaning of the ADA.

Over the next five years, the parties executed a series of settlement agreements. There has been no action in the case since a stipulation and order filed September 10, 2004, in which Nassau County agreed to pay certain Plaintiffs' attorneys fees and costs.

Summary Authors

Haley Waller (4/8/2011)

People


Judge(s)

Cabranes, José Alberto (Connecticut)

McLaughlin, Joseph Michael (New York)

Parker, Barrington Daniels Jr. (New York)

Phillips, James Dickson Jr. (North Carolina)

Scheindlin, Shira A. (New York)

Walker, John Mercer Jr. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Dougherty, Donna (New York)

Salzman, Leslie (New York)

Scherz, Michael (New York)

Judge(s)

Cabranes, José Alberto (Connecticut)

McLaughlin, Joseph Michael (New York)

Parker, Barrington Daniels Jr. (New York)

Phillips, James Dickson Jr. (North Carolina)

Scheindlin, Shira A. (New York)

Walker, John Mercer Jr. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Dougherty, Donna (New York)

Salzman, Leslie (New York)

Scherz, Michael (New York)

Schulman, Yisroel (New York)

Attorneys(s) for Defendant

Barton, Barbara (New York)

Belohlavek, Michael S. (New York)

Kmetz, Stacey Dolgin (New York)

Meehan, Gregory F. (New York)

Scheinkman, Alan D. (New York)

Spitzer, Eliot (New York)

Trentacoste, Linda (New York)

Other Attorney(s)

Cimino, Robert J. (New York)

Hess, Michael D. (New York)

Hopkins, Michael T. (New York)

Newman, Mordecai (New York)

Expert/Monitor/Master

Knisley, Martha B. (North Carolina)

Documents in the Clearinghouse

Document

1:97-cv-00700

Docket

Sept. 10, 2004

Sept. 10, 2004

Docket
42

1:97-cv-00700

AMENDED OPINION & ORDER

Rodriguez v. DeBuono

177 F.R.D. 143

Aug. 25, 1997

Aug. 25, 1997

Order/Opinion

1:97-cv-00700

97-09152

97-09176

97-09178

97-09204

97-09206

BRIEF OF THE COMMISSIONER OF THE SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES

Rodriguez v. DeBuono

U. S. Court of Appeals for the Second Circuit

Oct. 24, 1997

Oct. 24, 1997

Pleading / Motion / Brief

1:97-cv-00700

97-09152

97-09176

97-09178

97-09186

97-09204

97-09206

BRIEF FOR COMMISSIONER, WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES

Rodriguez v. DeBuono

U. S. Court of Appeals for the Second Circuit

Oct. 24, 1997

Oct. 24, 1997

Pleading / Motion / Brief

1:97-cv-00700

97-09152

97-09176

97-09178

97-09186

97-09204

97-09206

BRIEF FOR PLAINTIFFS-APPELLEES RODRIGUEZ

Rodriguez v. DeBuono

U. S. Court of Appeals for the Second Circuit

Nov. 24, 1997

Nov. 24, 1997

Pleading / Motion / Brief

1:97-cv-00700

97-09152

97-09176

97-09178

97-09186

97-09204

97-09206

REPLY BRIEF FOR COMMISSIONER, WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES

Rodriguez v. DeBuono

U. S. Court of Appeals for the Second Circuit

Dec. 22, 1997

Dec. 22, 1997

Pleading / Motion / Brief

97-09152

97-09176

97-09178

97-09186

97-09204

97-09206

[Untitled]

Rodriguez v. DeBuono

U. S. Court of Appeals for the Second Circuit

162 F.3d 56

Nov. 16, 1998

Nov. 16, 1998

Order/Opinion

1:97-cv-00700

97-09152

97-09176

97-09178

97-09186

97-09204

97-09206

[Untitled]

Rodriguez v. DeBuono

U. S. Court of Appeals for the Second Circuit

175 F.3d 227

March 23, 1999

March 23, 1999

Order/Opinion
81

1:97-cv-00700

OPINION AND ORDER

Rodriguez v. DeBuono

44 F.Supp.2d 601

April 19, 1999

April 19, 1999

Order/Opinion

1:97-cv-00700

99-07572

99-07586

99-07588

99-07604

99-07618

Brief for State Defendants-Appellants Whalen and Wing

Rodriguez v. City of New York

U. S. Court of Appeals for the Second Circuit

June 22, 1999

June 22, 1999

Pleading / Motion / Brief

Docket

Last updated Aug. 28, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

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)

Feb. 3, 1997

Feb. 3, 1997

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

Feb. 3, 1997

Feb. 3, 1997

2

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

Feb. 5, 1997

Feb. 5, 1997

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

Feb. 14, 1997

Feb. 14, 1997

3

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)

Feb. 14, 1997

Feb. 14, 1997

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

Feb. 18, 1997

Feb. 18, 1997

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

Feb. 21, 1997

Feb. 21, 1997

4

Affidavit of service as to Barbara Debuono, Brian Wing by James Hershler, Assistant Attorney General on 2/3/97. (Also docketed in 96 civ. 788) (kw) Modified on 03/05/1997 (Entered: 03/05/1997)

March 4, 1997

March 4, 1997

4

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

March 4, 1997

March 4, 1997

4

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)

March 4, 1997

March 4, 1997

19

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

March 10, 1997

March 10, 1997

5

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)

March 11, 1997

March 11, 1997

7

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)

March 19, 1997

March 19, 1997

8

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)

March 19, 1997

March 19, 1997

9

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

March 19, 1997

March 19, 1997

10

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)

March 20, 1997

March 20, 1997

11

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)

March 20, 1997

March 20, 1997

12

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)

March 26, 1997

March 26, 1997

13

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)

March 31, 1997

March 31, 1997

14

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)

March 31, 1997

March 31, 1997

15

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

March 31, 1997

March 31, 1997

16

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)

March 31, 1997

March 31, 1997

17

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

March 31, 1997

March 31, 1997

18

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)

March 31, 1997

March 31, 1997

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

April 1, 1997

April 1, 1997

20

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

April 3, 1997

April 3, 1997

22

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

April 14, 1997

April 14, 1997

23

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

April 14, 1997

April 14, 1997

24

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

April 14, 1997

April 14, 1997

25

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)

April 14, 1997

April 14, 1997

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

April 15, 1997

April 15, 1997

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

April 16, 1997

April 16, 1997

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

April 16, 1997

April 16, 1997

26

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

April 25, 1997

April 25, 1997

27

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)

May 5, 1997

May 5, 1997

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

May 8, 1997

May 8, 1997

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

May 29, 1997

May 29, 1997

28

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

June 3, 1997

June 3, 1997

29

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

June 6, 1997

June 6, 1997

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

June 9, 1997

June 9, 1997

30

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

June 25, 1997

June 25, 1997

31

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

June 25, 1997

June 25, 1997

32

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

June 25, 1997

June 25, 1997

33

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

June 30, 1997

June 30, 1997

34

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

June 30, 1997

June 30, 1997

35

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)

June 30, 1997

June 30, 1997

36

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)

June 30, 1997

June 30, 1997

37

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)

Aug. 4, 1997

Aug. 4, 1997

38

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

Aug. 13, 1997

Aug. 13, 1997

39

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)

Aug. 13, 1997

Aug. 13, 1997

40

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)

Aug. 18, 1997

Aug. 18, 1997

41

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)

Aug. 18, 1997

Aug. 18, 1997

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

Aug. 20, 1997

Aug. 20, 1997

42

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)

Aug. 25, 1997

Aug. 25, 1997

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

Aug. 25, 1997

Aug. 25, 1997

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

Aug. 26, 1997

Aug. 26, 1997

43

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)

Sept. 10, 1997

Sept. 10, 1997

44

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)

Sept. 16, 1997

Sept. 16, 1997

46

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)

Sept. 16, 1997

Sept. 16, 1997

45

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)

Sept. 18, 1997

Sept. 18, 1997

47

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)

Sept. 22, 1997

Sept. 22, 1997

48

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)

Sept. 24, 1997

Sept. 24, 1997

49

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)

Sept. 24, 1997

Sept. 24, 1997

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

Sept. 24, 1997

Sept. 24, 1997

50

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)

Oct. 3, 1997

Oct. 3, 1997

54

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

Oct. 3, 1997

Oct. 3, 1997

51

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)

Oct. 7, 1997

Oct. 7, 1997

52

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)

Oct. 7, 1997

Oct. 7, 1997

53

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)

Oct. 7, 1997

Oct. 7, 1997

55

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

Oct. 8, 1997

Oct. 8, 1997

56

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)

Oct. 14, 1997

Oct. 14, 1997

58

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)

Oct. 14, 1997

Oct. 14, 1997

59

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)

Oct. 15, 1997

Oct. 15, 1997

60

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)

Oct. 15, 1997

Oct. 15, 1997

61

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)

Oct. 17, 1997

Oct. 17, 1997

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

Oct. 23, 1997

Oct. 23, 1997

62

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

Nov. 3, 1997

Nov. 3, 1997

63

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)

Nov. 3, 1997

Nov. 3, 1997

64

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

Dec. 5, 1997

Dec. 5, 1997

65

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

Dec. 18, 1997

Dec. 18, 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)

May 14, 1998

May 14, 1998

66

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

July 29, 1998

July 29, 1998

67

MEMORANDUM by Mollie Peckman in support of [66−1] motion to intervene by Mollie Peckman (cd) (Entered: 07/29/1998)

July 29, 1998

July 29, 1998

68

MEMORANDUM by Brian Wing and NYS Dept of Health in opposition to [66−1] motion to intervene by Mollie Peckman (cd) (Entered: 07/29/1998)

July 29, 1998

July 29, 1998

69

Letter to Judge Scheindlin, filed by Mollie Peckman dated 7/29/98 re motion to intervene (cd) (Entered: 08/03/1998)

Aug. 3, 1998

Aug. 3, 1998

70

OPINION AND ORDER #81108 granting [66−1] motion to intervene by Mollie Peckman; ( Signed by Judge Shira A. Scheindlin ); copies mailed. (ls) (Entered:

Aug. 24, 1998

Aug. 24, 1998

71

MANDATE OF USCA (certified copy) Re: [49−1] appeal by Suffolk Cty Soc. Svc, [48−1] appeal by Ruvim Aselrod, Juana uRodriguez, [47−1] appeal by Brian Wing, Barbara Debuono, [46−1] appeal by Westchester Cty Soc., [44−1] appeal, [43−1] appeal. It is now hereby ordered, adjudged and decreed that the judgment of said district court be and it hereby is vacated and the matter is remanded for further proceedings. (97−9152L,97−9176,97−9178,97−9204,97−9206,97−9186) Carolyn Clark Campbell, Clerk, USCA. (as) (Entered: 12/14/1998)

Dec. 14, 1998

Dec. 14, 1998

Settlement conference held (sac) (Entered: 12/21/1998)

Dec. 16, 1998

Dec. 16, 1998

72

Transcript of record of proceedings filed for dates of 11/24/98 before Judge Scheindlin (cd) (Entered: 01/06/1999)

Jan. 3, 1999

Jan. 3, 1999

73

SUPPLEMENTAL MEMORANDUM by Barbara Debuono, Brian Wing in opposition to permanent injunctive relief (sac) (Entered: 02/09/1999)

Feb. 5, 1999

Feb. 5, 1999

74

SUPPLEMETNAL MEMORANDUM by Barbara Debuono re dismissal of the action (cd) (Entered: 02/09/1999)

Feb. 5, 1999

Feb. 5, 1999

77

Transcript of record of proceedings filed for dates of 12/2/98 at 5:00pm before Judge Scheindlin. (ri) (Entered: 02/19/1999)

Feb. 9, 1999

Feb. 9, 1999

75

Filed Memo−Endorsement on letter to Judge Scheindlin from Naomi Sheiner dated 2/2/99; counsel for City Defts' requests an adjournment of the City Defts' time to respond to pltffs' pending motion in this matter. City defts must submit their response by 2/12/99. The Court does not require all defts to sumit one consolidated brief ; ( signed by Judge Shira A. Scheindlin ) (ls) (Entered: 02/16/1999)

Feb. 11, 1999

Feb. 11, 1999

76

SUPPLEMENTAL MEMORANDUM of LAW by City of New York (djc) (Entered: 02/19/1999)

Feb. 11, 1999

Feb. 11, 1999

78

MEMORANDUM by Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett in support of permanent injunction relief (cd) (Entered: 02/26/1999)

Feb. 25, 1999

Feb. 25, 1999

79

REPLY SUPPLEMENTAL MEMORANDUM by Juana Rodriguez, Amelia Russo, Mary Weinblad, Christos Gouvatsos, Sidonie Bennett re: motion for permanent injunction (cd) (Entered: 02/26/1999)

Feb. 25, 1999

Feb. 25, 1999

80

SUPPLEMENTAL MEMORANDUM OF LAW by Barbara Debuono, Brian Wing, NYC Dept of Soc. Svc in opposition to Permanent Injunctive Relief. (djc) (Entered: 03/15/1999)

March 12, 1999

March 12, 1999

Pre−trial conference held before Judge Scheindlin (cd) (Entered: 04/15/1999)

April 9, 1999

April 9, 1999

Pre−trial conference held before Judge Scheindlin. (jp) (Entered: 04/19/1999)

April 15, 1999

April 15, 1999

81

OPINION and ORDER #82229; that for the reasons stated in this Opinion, pltffs' motion for permanent injunctive relief is granted. It is Ordered that defts include safety monitoring as a seperate task on their TBA forms, assess the need for safety monitoring as a seperate 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. (jp) (Entered: 04/20/1999)

April 19, 1999

April 19, 1999

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Feb. 3, 1997

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

New York State Medicaid home care applicants and recipients

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

New York State Department of Health, State

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief denied

Issues

Benefit Source:

Medicaid