Case: Clark v. Astrue

1:06-cv-15521 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 28, 2006

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On December 28, 2006, five individuals represented by private counsel, the Urban Justice Center, and the National Senior Citizens Law Center, filed a class-action complaint in the U.S. District Court for the Southern District of New York alleging that the Social Security Administration's policy of unlawfully suspending or denying benefits to persons who were found to have outstanding warrants for an alleged violation of a probation or parole condition violated the Social Security Act, 42 U.S.C.…

On December 28, 2006, five individuals represented by private counsel, the Urban Justice Center, and the National Senior Citizens Law Center, filed a class-action complaint in the U.S. District Court for the Southern District of New York alleging that the Social Security Administration's policy of unlawfully suspending or denying benefits to persons who were found to have outstanding warrants for an alleged violation of a probation or parole condition violated the Social Security Act, 42 U.S.C. §§ 402(x)(1)(A)(v) and 1382(e)(4)(A)(ii), and 20 C.F.R. §1339(b).

The plaintiffs claimed that the SSA failed to inquire into the facts of individual cases or verify the individuals named in warrants were in fact those whose benefits were to be suspended or denied. Instead, the SSA relied on a computer matching program used by the Social Security Administration, which lacked the capabilities to accurately identify whether the individual had in fact committed a violation. Additionally, the plaintiffs argued that the SSA was unlawfully denying or suspending benefits to individuals without any regard to whether or not there had been a judicial finding that the individual had in fact committed such a violation. The plaintiffs sought declaratory and injunctive relief, class certification, and an award of attorneys' fees and costs.

On February 26, 2007, the U.S. District Court for the Southern District of New York (Judge Sidney Stein) denied the plaintiffs' request for a temporary restraining order, and on March 8, 2007, the court denied the motion for preliminary injunction, finding that the plaintiffs had not demonstrated a likelihood of success on the merits. On September 22, 2008, Judge Stein granted SSA's motion for summary judgment, and denied the plaintiffs' cross-motion for summary judgment.

The plaintiffs appealed, and on March 19, 2010, the U.S. Court of Appeals for the Second Circuit reversed, holding that the "SSA's practice of treating a warrant alleging that a recipient is violating a condition of probation or parole as sufficient and irrebuttable evidence that the recipient is in fact violating a condition of probation or parole is inconsistent with the plain meaning of the Social Security Act." The Second Circuit vacated the District Court's grant of summary judgment for the defendant and its denial of summary judgment for the plaintiffs and remanded for further proceedings.

On March 18, 2011, Judge Stein certified a nationwide class consisting of "[a]ll persons nationwide whose SSI and/or OASDI benefits were denied and/or suspended based solely on the existence of a warrant for an alleged violation of probation or parole during the period from October 29, 2006 to and including such time in the future when final relief is entered in this action."

In April 2012, the court granted injunctive relief; it enjoined the challenged practice going forward; restored to SSA's roles the members of the class (who could number up to 140,000 people), pending hearings on their ongoing eligibility; and ordered their inappropriately-suspended benefits to be paid to them. According to the National Senior Citizens Law Center, this could require payment of back-benefits of up to $1 billion. The Court gave the SSA 60 days to propose an implementation plan.

SSA filed the implementation plan on June 12, 2012. The plan required SSA to identify and notice the class members, and to then provide remedial relief consisting of reinstating benefits and payments, re-opening claims previously denied due to warrants for alleged violations of probation or parole, and vacating determinations of non-disability on claims filed after benefits were suspended due to such warrants. The plan also required SSA to report its progress quarterly.

The parties then stipulated that attorneys' fees of $620,000 would be awarded to the plaintiffs. The court endorsed the stipulation on Sept. 12, 2012 and ordered the case closed.

Summary Authors

Virginia Weeks (10/19/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5299613/parties/clark-v-barnhart/


Judge(s)

Calabresi, Guido (Connecticut)

Katzmann, Robert A. (New York)

Newman, Jon Ormond (New York)

Stein, Sidney H. (New York)

Attorneys(s) for Plaintiff

Hirschhorn, Russell L. (New York)

McIntyre, Gerald Andrew (California)

Obus, Steven E. (New York)

Parish, Jennifer J. (New York)

Plevan, Bettina Barasch (New York)

Rauch, Brian (New York)

Judge(s)

Calabresi, Guido (Connecticut)

Katzmann, Robert A. (New York)

Newman, Jon Ormond (New York)

Stein, Sidney H. (New York)

Attorneys(s) for Plaintiff

Hirschhorn, Russell L. (New York)

McIntyre, Gerald Andrew (California)

Obus, Steven E. (New York)

Parish, Jennifer J. (New York)

Plevan, Bettina Barasch (New York)

Rauch, Brian (New York)

Attorneys(s) for Defendant

Bharara, Preetinder S. (New York)

Cenawood, Sean Chance (New York)

Gura, John E. Jr. (New York)

Other Attorney(s)

Callery, Catherine M. (New York)

Documents in the Clearinghouse

Document

1:06-cv-15521

Docket [PACER]

Clark v. Barnhart

Aug. 10, 2017

Aug. 10, 2017

Docket
1

1:06-cv-15521

Complaint

Clark v. Barnhart

Dec. 28, 2006

Dec. 28, 2006

Complaint
23

1:06-cv-15521

Order (denying plaintiffs' motion for preliminary injunction)

2007 WL 737489

March 8, 2007

March 8, 2007

Order/Opinion
54

1:06-cv-15521

Opinion (granting defendant's motion for summary judgment)

2008 WL 4387709

Sept. 22, 2008

Sept. 22, 2008

Order/Opinion

08-05801

Opinion (2nd Cir.)

U. S. Court of Appeals for the Second Circuit

602 F.3d 140, 2010 U.S.App.LEXIS 5698

March 19, 2010

March 19, 2010

Order/Opinion
73

1:06-cv-15521

Opinion and Order (certifying class)

274 F.R.D. 462

March 18, 2011

March 18, 2011

Order/Opinion
86

1:06-cv-15521

Order

April 13, 2012

April 13, 2012

Order/Opinion
90

1:06-cv-15521

Re: Clark v. Astrue

June 12, 2012

June 12, 2012

Pleading / Motion / Brief
95

1:06-cv-15521

Stipulation and Order

Sept. 12, 2012

Sept. 12, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5299613/clark-v-barnhart/

Last updated Aug. 5, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jo Anne B. Barnhart, Social Security Administration. (Filing Fee $ 350.00, Receipt Number 601283)Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually).(mbe, ) Additional attachment(s) added on 1/4/2007 (laq, ). (Entered: 12/29/2006)

Dec. 28, 2006

Dec. 28, 2006

PACER

SUMMONS ISSUED as to Jo Anne B. Barnhart, Social Security Administration, U.S. Attorney and U.S. Attorney General. (mbe, )

Dec. 28, 2006

Dec. 28, 2006

PACER

Magistrate Judge Ronald L. Ellis is so designated. (mbe, )

Dec. 28, 2006

Dec. 28, 2006

PACER
2

FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - AFFIDAVIT OF SERVICE of Summons and Complaint,,. Jo Anne B. Barnhart served on 12/29/2006, answer due 1/18/2007; Social Security Administration served on 12/29/2006, answer due 1/18/2007. Service was accepted by Kim Sciro, Esq., Office of the General Counsel, Chief Counsel, Region II, Social Security Administration. Service was made by Certified Mail on Jo Anne Barnhart, Commissioner, Social Security Administration. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated); Tony Gonzales(individually); Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated); Johnny L. Heatherman(individually); Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated); Monell White(individually); Monell White(on behalf of themselves, and on behalf of all those similarly situated); Elaine Clark(individually); Elaine Clark(on behalf of themselves, and on behalf of all similarly situated); Raymond Giangrasso(individually). (Plevan, Bettina) Modified on 2/22/2007 (lb). (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
22

UNSIGNED ORDER TO SHOW CAUSE, Temporary Restraining Order, and Order Granting Expedited Discovery. (jmi) Modified on 3/6/2007 (jm). Modified on 3/6/2007 (Entered: 03/06/2007)

Jan. 10, 2007

Jan. 10, 2007

PACER
3

ORDER: It is hereby ordered that defendants shall respond to the plaintiffs' motion for a preliminary injunction and temporary restraining order on or before 2/2/2007; and the plaintiffs shall reply to the motion on or before 2/6/2007. (Signed by Judge Sidney H. Stein on 1/16/2007) (lb) (Entered: 01/18/2007)

Jan. 17, 2007

Jan. 17, 2007

PACER
6

ANSWER to Complaint. Document filed by Social Security Administration.(js) (Entered: 02/06/2007)

Feb. 2, 2007

Feb. 2, 2007

PACER
7

MOTION for Summary Judgment dismissing the complaint purs to FRCP 56. Document filed by Social Security Administration.(cd) (Entered: 02/06/2007)

Feb. 2, 2007

Feb. 2, 2007

PACER
8

MEMORANDUM OF LAW in Support re: 7 MOTION for Summary Judgment. Document filed by Social Security Administration. (cd) (Entered: 02/06/2007)

Feb. 2, 2007

Feb. 2, 2007

PACER
4

TRANSCRIPT of proceedings held on 1/16/07 before Judge Sidney H. Stein. (jbe) (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

PACER
5

TRANSCRIPT of proceedings held on 1/16/07 before Judge Sidney H. Stein. (jbe) (Entered: 02/06/2007)

Feb. 6, 2007

Feb. 6, 2007

PACER
9

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura Jr. dated 2/2/2007 re: to we write respectfully to request permission to sudmit a brief exceeding this Court's generally-applicable page limit for memoranda of law by thirty-one pages. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 2/5/2007) (jmi) (Entered: 02/07/2007)

Feb. 6, 2007

Feb. 6, 2007

PACER
10

ORDER Replies due by 2/13/2007., Oral Argument set for 2/22/2007 03:00 PM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 2/5/2007) (jmi) (Entered: 02/07/2007)

Feb. 6, 2007

Feb. 6, 2007

PACER
11

ENDORSED LETTER addressed to Judge Sidney H. Stein from Russell L. Hirschorn dated 2/12/2007 re: to the reply memorandum willbe approximately fifteen pages.ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 2/13/2007) (jmi) (Entered: 02/20/2007)

Feb. 14, 2007

Feb. 14, 2007

PACER
12

REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Application for a Temporary Restraining Order, Preliminary Injunction and Expedited Discovery. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 02/27/2007)

Feb. 20, 2007

Feb. 20, 2007

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Bettina Barasch Plevan to MANUALLY RE-FILE Document AFFIDAVIT OF SERVICE, Document No. 2. This case is not ECF. (lb)

Feb. 22, 2007

Feb. 22, 2007

PACER
14

DECLARATION of Raymond Glangrasso. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
15

DECLARATION of Tony Gonzales. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
16

DECLARATION of Johnny L. Heatherman. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
17

DECLARATION of Monell White. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
18

DECLARATION of Elaine Clark. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
19

MEMORANDUM OF LAW in Support of Plaintiffs'Application for a Preliminary Injunction, A Temporary Restraining Order and Expedited Discovery. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
20

DECLARATION of Bettina B. Plevan in Support of Plaintiffs' Expedited Discovery. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (jmi) (Entered: 03/02/2007)

Feb. 26, 2007

Feb. 26, 2007

PACER
13

AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by Ms. Orlavia Hines. Service was made by Certified Mail # 7005 1160 0004 7352 0748 to General Counsel, Certified Mail # 7005 1160 0004 7352 0731 to Jo Annw B. Barnhardt, Certified Mail # 7005 1160 0004 7352 0809 to the Attorney General of the United States, and Certified Mail # 7005 1160 0004 7352 0816 to Office of the General Counsel (ALL) on 12/29/06. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (db) (Entered: 03/01/2007)

Feb. 28, 2007

Feb. 28, 2007

PACER
21

ORDER that for the reasons set forth on the record, plaintiffs' request for a temporary restraining order pending determination its motion for a preliminary injunction is denied. SO ORDERED. (Signed by Judge Sidney H. Stein on 2/26/2007) (jmi) (Entered: 03/02/2007)

Feb. 28, 2007

Feb. 28, 2007

PACER
23

OPINION AND ORDER # 94377: as set forth above, plaintiffs have not demonstarted a likelihood of success on the merits and plaintiffs' motion for a preliminary injunction is therefore DENIED. So ordered. (Signed by Judge Sidney H. Stein on 3/8/07) (js) Modified on 3/12/2007 (rw). (Entered: 03/09/2007)

March 8, 2007

March 8, 2007

PACER
25

ORDER...Brief in opposition due by 5/4/2007.,Discovery due by 4/20/2007.,Replies due by 5/18/2007. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/8/2007) (jmi) (Entered: 03/12/2007)

March 8, 2007

March 8, 2007

PACER
24

TRANSCRIPT of proceedings held on 2/26/07 before Judge Sidney H. Stein. (jbe) (Entered: 03/09/2007)

March 9, 2007

March 9, 2007

PACER
26

ORDER that the following typographical errors in that order shall be corrected: after the first block quote on page nine of the order "24 U.S.C." should be "42 U.S.C."; in the second sentence of the last paragraph of page ten of the order, "43 U.S.C." is used twice. Both Citations should be "42 U.S.C."; in the first sentence of the second full paragraph of page eleven of the order, the second consecutive use of the work "that" should be deleted. (Signed by Judge Sidney H. Stein on 3/16/07) (dle) (Entered: 03/20/2007)

March 19, 2007

March 19, 2007

PACER
27

TRANSCRIPT of proceedings held on 2/26/07 before Judge Sidney H. Stein. (jbe) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

PACER
28

REVISED SCHEDULING ORDER:Replies due by 6/18/2007.,Discovery due by 5/21/2007. Plaintiff's brief in opposition to Defendants motion for summary judgment is to be submitted on or before 6/4/07. (Signed by Judge Sidney H. Stein on 3/27/07) (js) (Entered: 03/29/2007)

March 28, 2007

March 28, 2007

PACER
29

NOTICE OF CHANGE OF ADDRESS by Jennifer Jean Parish on behalf of all plaintiffs. New Address: Urban Justice Center, 123 William Street, 16th floor, New York, NY, USA 10038, (646) 602-5644. (Parish, Jennifer) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

PACER
30

REVISED SCHEDULING ORDER:Responses due by 6/29/2007,Replies due by 7/16/2007.,Discovery due by 6/15/2007. (Signed by Judge Sidney H. Stein on 5/22/2007) (jmi) Modified on 5/23/2007 (Miles, Janeen). (Entered: 05/23/2007)

May 22, 2007

May 22, 2007

PACER
31

REVISED SCHEDULING ORDER: Discovery due by 7/13/2007,Plaintiffs' Brief in Opposition due by 7/27/2007, Defendant's Replies Brief due by 8/10/2007. SO ORDERED. (Signed by Judge Sidney H. Stein on 6/11/2007) (jmi) (Entered: 06/12/2007)

June 11, 2007

June 11, 2007

PACER
32

REVISED SCHEDULING ORDER: Discovery due by 8/24/2007,Responses due by 9/14/2007,Replies due by 10/5/2007. SO ORDERED (Signed by Judge Sidney H. Stein on 7/12/2007) (jmi) (Entered: 07/17/2007)

July 13, 2007

July 13, 2007

PACER
33

ORDER dismissing 7 Motion for Summary Judgment without prejudice to defendant to refile this motion in its entirety on or before October 5, 2007; and There will be no further extensions of the briefing schedule. SO ORDERED (Signed by Judge Sidney H. Stein on 8/6/2007) (jmi) (Entered: 08/09/2007)

Aug. 7, 2007

Aug. 7, 2007

PACER
34

STIPULATED PROTECTIVE (CONFIDENTIALITY) ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Sidney H. Stein on 8/15/07) (cd) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

PACER
35

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura, Jr. dated 10/5/07 re: The parties request the following breifing schedule - Plaintiffs' opposition to the Government's Motion due 11/16/07 and Government's reply due 12/7/07. ENDORSEMENT: SO ORDERED. Defendant's Motion for Summary Judgment dated 2/2/07 is deemed renewed on 10/5/07. Set Deadlines as to Defendant's Motion for Summary Judgment: Responses due by 11/16/2007,Replies due by 12/7/2007. (Signed by Judge Sidney H. Stein on 10/9/07) (db) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

PACER
39

MOTION for Summary Judgment purs to ruld 56 of the FRCP. Attached is 56.1 Statement and Rauch Declaration. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (document received in night dep. on 11/16/07 at 6:46 p.m.)(djc) (Entered: 11/20/2007)

Nov. 16, 2007

Nov. 16, 2007

PACER
40

DECLARATION of Elon Harpa. (djc) (Entered: 11/20/2007)

Nov. 16, 2007

Nov. 16, 2007

PACER
41

DECLARATION of Laura Green. (djc) (Entered: 11/20/2007)

Nov. 16, 2007

Nov. 16, 2007

PACER
42

DECLARATION of Valerie R. Arbie-McClelland. (djc) (Entered: 11/20/2007)

Nov. 16, 2007

Nov. 16, 2007

PACER
43

DECLARATION of Bill White. (djc) (Entered: 11/20/2007)

Nov. 16, 2007

Nov. 16, 2007

PACER
44

MEMORANDUM OF LAW in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's 39 MOTION for Summary Judgment. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (djc) (Entered: 11/20/2007)

Nov. 16, 2007

Nov. 16, 2007

PACER
45

RESPONSE to Defendant's Statement of Undisputed Facts Pursuant to Local Rule 56.1. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (djc) (Entered: 11/20/2007)

Nov. 16, 2007

Nov. 16, 2007

PACER
46

ENDORSED LETTER addressed to Judge Sidney H. Stein from Russell L. Hirschhorn dated 11/26/07 re: a request for an extension of time until 12/28/2007 to submit reply papers in support of the motion for summary judgment. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 11/26/07) (kco) (Entered: 11/27/2007)

Nov. 26, 2007

Nov. 26, 2007

PACER
47

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura dated 12/6/07 re: counsel for defendant requests an adjournment of this Court's scheduling order making defendant's reply brief due by 1/10/08 and plaintiff's reply due by 1/31/08. ENDORSEMENT: This maintains the 3 week period that existed previously plaintiff to file their reply. (Signed by Judge Sidney H. Stein on 12/10/07) (dle) (Entered: 12/17/2007)

Dec. 13, 2007

Dec. 13, 2007

PACER
48

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura, Jr. dated 1/8/2008 re: request for an adjournment on Cross-motions for Summary Judgment making defendant's reply brief due by 1/24/2007 and plaintiffs' reply due by 2/14/2008. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 1/14/2008) (jar) (Entered: 01/14/2008)

Jan. 14, 2008

Jan. 14, 2008

PACER
49

ENDORSED LETTER addressed to Sidney H. Stein from John E. Gura dated 1/23/08 re: The Commissioner of Social Security, the defendant in this action. We write to request a two week adjournment of the Court's scheduling order. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 1/24/08) (js) (Entered: 01/25/2008)

Jan. 24, 2008

Jan. 24, 2008

PACER
50

ENDORSED LETTER addressed to Judge Sidney H. Stein from Sean Cenawood dated 2/7/08 re: Defendant request to extend time to submit its response to its summary judgment motion/reply (to plaintiffs' cross motion for summary judgment) brief from 2/7/08 to 2/11/08. ENDORSEMENT: So ordered. Set Deadlines/Hearing as to 39 MOTION for Summary Judgment.( Reply due by 2/11/2008. Responses due by 2/11/2008) (Signed by Judge Sidney H. Stein on 2/8/08) (cd) (Entered: 02/08/2008)

Feb. 8, 2008

Feb. 8, 2008

PACER
51

MEMORANDUM OF LAW in Support of Defendant's Motion for Summary Judgment and in Opposition to Plaintiff's 39 MOTION for Summary Judgment. Document filed by Michael J. Astrue. (djc) (Entered: 02/14/2008)

Feb. 12, 2008

Feb. 12, 2008

PACER
52

REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion for Summary Judgment. Document filed by Tony Gonzales(individually), Johnny L. Heatherman(individually), Monell White(individually), Elaine Clark(individually), Raymond Giangrasso(individually). (djc) (Entered: 03/14/2008)

March 13, 2008

March 13, 2008

PACER
53

SUPPLEMENTAL DECLARATION of Brian S. Rauch of information based on personal knowledge and a review of documents relevant to this case. Document filed by Tony Gonzales(individually), Johnny L. Heatherman(individually), Monell White(individually), Elaine Clark(individually), Raymond Giangrasso(individually). (djc) (Entered: 03/14/2008)

March 13, 2008

March 13, 2008

PACER
54

OPINION AND ORDER # 96538: Plaintiffs have failed to establish that the SSI and OASDI suspension provisions or the SSI Regulation permit suspension of Social Security benefits only after an individual has been formally adjudicated to have violated a condition of probation or parole. The SSA's practice of suspending benefits upon a warrant based on probable cause is consistent with the statute and regulation and with Second Circuit precedent and is entitled to deference by this Court. Because the practice is lawful, this Court may not substitute its own policy judgment for the SSA's policy judgment. Accordingly, the SSA's motion for summary judgment is granted and plaintiffs' cross-motion for summary judgment is denied. The Clerk of Court is directed to enter judgment in defendant's favor. (Signed by Judge Sidney H. Stein on 9/22/2008) (rw) Modified on 9/25/2008 (jab). (Entered: 09/23/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER

Transmission to Judgments and Orders Clerk. Transmitted re: 54 Order on Motion for Summary Judgment, to the Judgments and Orders Clerk. (rw)

Sept. 22, 2008

Sept. 22, 2008

PACER
55

CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated September 22, 2008, defendants motion for summary judgment is granted and plaintiffs cross-motion for summary judgment is denied; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 9/23/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 09/23/2008)

2 notice of right to appeal

View on PACER

Sept. 23, 2008

Sept. 23, 2008

PACER

Mailed notice of Right to Appeal to Attorney(s) of Record: Sean Chance Cenawood, Steven E. Obus, Bettina Barasch Plevan. (mro)

Sept. 23, 2008

Sept. 23, 2008

PACER
56

LETTER addressed to Judge Stein from John E. Gura, Jr. dated 9/9/08 re: response to plaintiffs'letter dated August 19, 2008. Document filed by Michael J. Astrue.(djc) (Entered: 10/08/2008)

Oct. 8, 2008

Oct. 8, 2008

PACER
57

LETTER addressed to Judge Stein from Brian S. Rauch dated 8/19/08 re: counsel writes to bring to the court's attention two Administrative Law Judge decisions. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually).(djc) (Entered: 10/08/2008)

Oct. 8, 2008

Oct. 8, 2008

PACER
58

NOTICE OF APPEAL from 54 Order on Motion for Summary Judgment. Document filed by Tony Gonzales(individually), Johnny L. Heatherman(individually), Monell White(individually), Elaine Clark(individually), Raymond Giangrasso(individually). Filing fee $ 455.00, receipt number E 670527. Copies of Notice of Appeal mailed to attorney(s) of record: A.U.S.A. (nd) (Entered: 11/24/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER

Transmission of Notice of Appeal to the District Judge re: 58 Notice of Appeal. (nd)

Nov. 24, 2008

Nov. 24, 2008

PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 58 Notice of Appeal,. (nd)

Nov. 24, 2008

Nov. 24, 2008

PACER
59

Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 58 Notice of Appeal, filed by Tony Gonzales, Johnny L. Heatherman, Elaine Clark, Monell White, Raymond Giangrasso USCA Case Number 08-5801, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (tp). (Entered: 01/21/2009)

Jan. 21, 2009

Jan. 21, 2009

PACER

USCA Case Number 08-5801 from the USCA 2nd Circuit assigned to 58 Notice of Appeal, filed by Tony Gonzales, Johnny L. Heatherman, Elaine Clark, Monell White, Raymond Giangrasso. (tp)

Jan. 27, 2009

Jan. 27, 2009

PACER

First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for 59 Appeal Record Sent to USCA - Index, 49 Endorsed Letter, Set Deadlines/Hearings, 29 Notice of Change of Address filed by Tony Gonzales, Johnny L. Heatherman, Elaine Clark, Monell White, Raymond Giangrasso USCA Case Number 08-5801, were transmitted to the U.S. Court of Appeals. (tp)

Jan. 27, 2009

Jan. 27, 2009

PACER
60

MANDATE of USCA (Certified Copy) as to 58 Notice of Appeal, filed by Tony Gonzales, Johnny L. Heatherman, Elaine Clark, Monell White, Raymond Giangrasso USCA Case Number 08-5801-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and the case is REMANDED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 06/17/2010. (nd) (Entered: 06/17/2010)

June 17, 2010

June 17, 2010

PACER

Transmission of USCA Mandate/Order to the District Judge re: 60 USCA Mandate,. (nd)

June 17, 2010

June 17, 2010

PACER
61

MOTION to Substitute Party pursuant to Rule 25(a). Old Party: Elaine Clark (deceased), New Party: Ryan Clark and Joy Jordan. Document filed by the plaintiffs.(mro) (Entered: 06/23/2010)

June 22, 2010

June 22, 2010

PACER
62

MEMORANDUM OF LAW in Support re: 61 MOTION to Substitute Party. Old Party: Elaine Clark, New Party: Ryan Clark and Joy Jordan. Document filed by the plaintiffs. (mro) (Entered: 06/23/2010)

June 22, 2010

June 22, 2010

PACER
63

MOTION to Certify Class pursuant to Rule 23 of the FRCP. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually).(mro) (Entered: 06/23/2010)

June 22, 2010

June 22, 2010

PACER
64

MEMORANDUM OF LAW in Support re: 63 MOTION to Certify Class. Document filed by Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(individually). (mro) (Entered: 06/23/2010)

June 22, 2010

June 22, 2010

PACER
65

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura, Jr dated 7/2/2010 re: Counsel respectfully request an adjournment of the Government's time to oppose or otherwise respond to plaintiffs' motion for class certification and motion to substitute to 8/17/2010, and plaintiff's time to reply to the Government's opposition papers until 10/4/2010. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 7/2/2010) (jfe) Modified on 7/14/2010 (jfe). (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER

Set/Reset Deadlines as to 61 MOTION to Substitute Party. Old Party: Elaine Clark, New Party: Ryan Clark and Joy Jordan., 63 MOTION to Certify Class.. Responses due by 8/17/2010 (jfe)

July 14, 2010

July 14, 2010

PACER
66

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura, Jr. dated 8/13/10 re: Counsel for defendant respectfully request that the Court extend the Government's time to oppose or otherwise respond to plaintiffs motion for class certification and motion to substitute one week, to August 24, 2010, and also requests a one week adjournment for plaintiff's reply which would be due by October 12, 2010. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 8/16/10) (pl) (Entered: 08/17/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
67

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura, Jr., dated 8/23/10 re: counsel requests that the Court extend the Government's time to oppose or otherwise respond to plaintiffs' motion for class certification and motion to substitute to September 2, 2010; and requests that Plaintiff's reply be due by 10/21/10. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 8/26/10) (djc) Modified on 8/27/2010 (djc). (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER

Set/Reset Deadlines as to 61 MOTION to Substitute Party. Old Party: Elaine Clark, New Party: Ryan Clark and Joy Jordan, 63 MOTION to Certify Class. Responses due by 9/2/2010; Replies due by 10/21/2010. (djc)

Aug. 26, 2010

Aug. 26, 2010

PACER
68

MEMORANDUM OF LAW in Opposition re: 63 MOTION to Certify Class. Document filed by Michael J. Astrue. (mbe) (Entered: 09/07/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
69

ENDORSED LETTER addressed to Judge Sidney H. Stein from Steven E. Obus dated 10/19/10 re: counsel requests a two-page extension for their Reply Brief in Support of Plaintiffs' Motion for Class Certification, which is due Thursday, October 21, 2010. ENDORSEMENT: Request granted. (Signed by Judge Sidney H. Stein on 10/19/10) (djc) Modified on 10/20/2010 (djc). (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

PACER
70

REPLY MEMORANDUM OF LAW in Support re: 63 MOTION to Certify Class. Document filed by Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually). (mbe) (Entered: 10/22/2010)

Oct. 21, 2010

Oct. 21, 2010

PACER
71

NOTICE OF CHANGE OF ADDRESS by Russell Laurence Hirschhorn on behalf of Elaine Clark(individually), Elaine Clark(on behalf of themselves, and on behalf of all similarly situated), Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually). New Address: Proskauer Rose LLP, Eleven Time Square, New York, NY, USA 10036-8299, 2129693000. (Hirschhorn, Russell) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
72

ORDER granting 61 Motion to Substitute Party. Ryan Clark and Joy Jordan added. Elaine Clark, Elaine Clark, Elaine Clark and Elaine Clark terminated. (Signed by Judge Sidney H. Stein on 3/14/11) (cd) (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

PACER
73

OPINION & ORDER, #100055 the Court grants plaintiffs' motion for class certification and hereby certifies the following class: All persons nationwide whose SSI and/or OASDI benefits were denied and/or suspended based solely on the existence of a warrant for an alleged violation of probation or parole during the period from October 29, 2006 to and including such time in the future when final relief is entered in this action. Plaintiffs Johnny L. Heatherman, Ryan Clark and Joy Jordan are to serve as representatives of this class and Betina B. Plevan, Steven E. Obus, Jennifer J. Parish and Gerald A. McIntyre are appointed as class counsel. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/18/2011) (lnl) Modified on 3/28/2011 (ajc). (Entered: 03/18/2011)

March 18, 2011

March 18, 2011

RECAP
74

MOTION for Clarification and/or Reconsideration of the Court's 3/18/2011 Opinion and Order. Document filed by Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually).(mbe) (Entered: 03/24/2011)

March 23, 2011

March 23, 2011

PACER
75

MEMORANDUM OF LAW in Support re: 74 Motion for Clarification and/or Reconsideration of the Court's 3/18/2011 Opinion and Order.. Document filed by Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually). (mbe) (Entered: 03/24/2011)

March 23, 2011

March 23, 2011

PACER
76

ENDORSED LETTER addressed to Judge Sidney H. Stein from John E. Gura, Jr., dated 4/5/2011, re: Counsel for Commissioner of Social Security, the defendant writes to request that the Court extend the Government's time to oppose or otherwise respond to the plaintiffs' motion to April 15, 2011. Plaintiffs do not object to requested adjournment. ENDORSEMENT: SO ORDERED. Set Deadline as to 74 MOTION for Reconsideration: Response due by 4/15/2011. (Signed by Judge Sidney H. Stein on 4/6/2011) (lnl) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

PACER
77

NOTICE OF APPEARANCE by Jennifer Jean Parish on behalf of Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually) (mbe) (Entered: 04/11/2011)

April 8, 2011

April 8, 2011

PACER
78

MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Reconsideration of the Court's Order. Document filed by Michael J. Astrue. (mbe) (Entered: 04/18/2011)

April 15, 2011

April 15, 2011

PACER
79

REPLY MEMORANDUM OF LAW in Support of Plaintiffs' Motion for Clarification and/or Reconsideration of the Court's 3/18/2011 Opinion and Order. Document filed by Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually). (mbe) (Entered: 04/21/2011)

April 20, 2011

April 20, 2011

PACER
80

NOTICE OF APPEARANCE by Gerald A. McIntyre on behalf of Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually) *Staff Note: Accepted for filing by the Chambers of Judge Sidney H. Stein on 4/20/2011.* (tro) (Entered: 04/25/2011)

April 20, 2011

April 20, 2011

PACER
81

Letter addressed to Judge Sidney H. Stein from John E. Gura, Jr., dated 4/27/2011, re: This Office represents the Commissioner of Social Security, the defendant in this action. We write respectfully to request that the Court consider this surreply to address a factual inaccuracy that is contained in the Reply Memorandum of Law in Support of Plaintiffs' Motion for Clarification and/or Reconsideration of the Court's March 18, 2011 Opinion and Order ("PI. Rep."). (lnl) (Entered: 04/29/2011)

April 29, 2011

April 29, 2011

PACER

Minute Entry for proceedings held before Judge Sidney H. Stein: pretrial Conference held on 11/23/2011. (lab)

Nov. 23, 2011

Nov. 23, 2011

PACER
82

Letter addressed to Judge Sidney H. Stein from John E. Gura, Jr. dated 11/30/2011 re: We write respectfully to advise the Court of the Social Security Administration's position regarding the class definition that was proposed by the Court at the conference held on November 23, 2011. Document filed by Social Security Administration.(lmb) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
83

ORDER granting 74 Motion for Reconsideration re 73 Memorandum & Opinion. The Court therefore grants plaintiffs' motion for clarification (Dkt. No. 74) and amends the prior certification order to certify the following class: All persons nationwide for whom an initial determination to suspend or deny SSI and/or OASDI benefits was made and/or an initial determination of overpayment of such benefits was made and such initial determination was based solely on the existence of a warrant for an alleged violation of probation or parole, provided: (i) the initial determination was made during the period from October 24, 2006 to and including such time in the future when final relief is entered in this action; or (ii) a timely administrative appeal of such initial determination was pending on or after October 24, 2006. (Signed by Judge Sidney H. Stein on 12/2/2011) (lmb) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
84

ORDER: IT IS HEREBY ORDERED that the next pretrial conference will be held on March 13, 2012, at 12:30 in the afternoon in Courtroom 23A. Pretrial Conference set for 3/13/2012 at 12:30 PM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 2/9/2012) (rdz) (Entered: 02/09/2012)

Feb. 9, 2012

Feb. 9, 2012

PACER

Minute Entry for proceedings held before Judge Sidney H. Stein: Telephone Conference held on 2/9/2012. (lab)

Feb. 9, 2012

Feb. 9, 2012

PACER
85

ENDORSED LETTER addressed to Judge Sidney H. Stein from Brian S. Rauch dated 3/9/2012 re: counsel for plaintiffs request that the conference scheduled for March 13 be adjourned to provide the parties with additional time to negotiate a final order. ENDORSEMENT: March 13 conf. adjourned to April 5 at 9 AM., ( Pretrial Conference set for 4/5/2012 at 09:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 3/9/2012) (pl) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

PACER

Minute Entry for proceedings held before Judge Sidney H. Stein: Telephone Conference held on 4/5/2012. (lab)

April 5, 2012

April 5, 2012

PACER
86

ORDER: In an opinion dated March 19,2010, the U.S. Court of Appeals for the Second Circuit held that the "the Social Security Administration's practice of treating a warrant alleging that a recipient is violating a condition of probation or parole as sufficient and irrebuttable evidence that the recipient is in fact violating a condition of probation or parole is inconsistent with the plain meaning of the Social Security Act." Clark v. Astrue, 602 F.3d 140 (2d Cir. 2010). This Court subsequently certified a class defined as "All persons nationwide for whom an initial determination to suspend or deny SSI and/or OASDI benefits was made and/or an initial determination of overpayment of such benefits was made and such initial determination was based solely on the existence of a warrant for an alleged violation of probation or parole, provided: (i) the initial determination was made during the period from October 24, 2006 to and including such time in the future when final relief is entered in this action; or (ii) a timely administrative appeal of such initial determination was pending on or after October 24, 2006." Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED as set forth herein. (Signed by Judge Sidney H. Stein on 4/13/2012) (djc) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

PACER
87

NOTICE OF MOTION for an Order, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412, awarding attorneys' fees. Document filed by Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually).(lmb) (Entered: 05/15/2012)

May 14, 2012

May 14, 2012

PACER
88

MEMORANDUM OF LAW in Support re: 87 NOTICE OF MOTION for an Order, pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412, awarding attorneys' fees. Document filed by Ryan Clark, Raymond Giangrasso(on behalf of themselves, and on behalf of all those similarly situated), Raymond Giangrasso(individually), Tony Gonzales(individually), Tony Gonzales(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(on behalf of themselves, and on behalf of all those similarly situated), Johnny L. Heatherman(individually), Joy Jordan, Monell White(on behalf of themselves, and on behalf of all those similarly situated), Monell White(individually). (lmb) (Entered: 05/15/2012)

May 14, 2012

May 14, 2012

PACER

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 28, 2006

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Social Security benefits holders whose benefits were denied because of warrants or violations of probation.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Commissioner of the Social Security Administration, Federal

Case Details

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Litigation

Amount Defendant Pays: Up to $1 billion

Order Duration: 2012 - None

Content of Injunction:

Preliminary relief denied

Issues

Benefit Source:

Social Security Retirement and Death Benefit

SSI