Case: A.M. v. Mattingly

1:10-cv-02181 | U.S. District Court for the Eastern District of New York

Filed Date: May 12, 2010

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On May 12, 2010, the plaintiffs filed a lawsuit in the U.S. District Court for the Eastern District of New York alleging that New York's Administration for Children's Services (ACS) routinely forces children in foster care to be unnecessarily institutionalized in psychiatric hospitals rather than placed in home-like settings. The plaintiffs alleged that ACS was using placement in psychiatric institutions as punishment for misbehavior and that many children placed in these hospitals did not have…

On May 12, 2010, the plaintiffs filed a lawsuit in the U.S. District Court for the Eastern District of New York alleging that New York's Administration for Children's Services (ACS) routinely forces children in foster care to be unnecessarily institutionalized in psychiatric hospitals rather than placed in home-like settings. The plaintiffs alleged that ACS was using placement in psychiatric institutions as punishment for misbehavior and that many children placed in these hospitals did not have a diagnosis of mental illness. The plaintiffs also alleged that children were forced to stay in institutions long after it was determined that they could be placed in a less restrictive environment, but that ACS's policies made discharge difficult.

The named plaintiffs, three currently institutionalized children, requested their release from institutions. They also sought to represent a class of children and demanded that the court order ACS to discontinue its "illegal pattern and practice of 'dumping' children in foster care in psychiatric hospitals and refusing to let them out." The plaintiffs alleged that these policies violated the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, state laws and regulations, the New York Constitution, and the Fourteenth Amendment to the U.S. Constitution.

The case moved quickly toward settlement, with the parties stipulating to certify the class and postpone a hearing on the plaintiffs' motion for preliminary injunction. The class was certified as:

Children under the age of 18 who are in the custody of the New York City Administration for Children's Services ("ACS") and who are currently admitted or will be brought to and admitted to acute psychiatric hospitals and who, once admitted and deemed ready for discharge, are not moved by ACS and/or one of its contract agencies to the least restrictive setting appropriate to their needs.
In November 2010, the parties submitted a settlement agreement to the court for preliminary approval. District Judge Brian M. Cogan held a fairness hearing on March 11, 2011, and gave final approval to the terms of the Stipulation and Order of Settlement filed on February 28, 2010.

In the settlement, ACS agreed to promulgate new policies and procedures with respect to the placement of children in foster care in institutions. ACS will improve tracking, monitoring, and individualized planning so that children are not ignored and left to languish in institutions. They also agreed to develop new training programs for ACS staff and contractors. The agreement also provides for ongoing monitoring. A separate agreement, entered on June 29, 2011, provided specific relief (including damages and attorneys' fees) to the three named plaintiffs. On July 7, 2011, Judge Cogan entered a settlement order, in which the parties agreed to dismiss all claims and release defendants from liability in exchange for payment. The case was then dismissed with prejudice.

On January 22, 2016, the parties filed a joint motion to alter the judgment. Judge Cogan signed the Stipulation and Order of Settlement the same day. The amended agreement extended the jurisdiction of the Court over the matter for an additional four months, until June 30, 2016, with the potential for extension of such jurisdiction for six months from the time the Court's jurisdiction was scheduled to terminate. The docket does not reflect any extension of the Court's jurisdiction, so it presumably expired on June 30, 2016.

Summary Authors

Beth Kurtz (2/15/2013)

Frances Hollander (2/21/2016)

Eva Richardson (12/28/2018)

People


Judge(s)

Cogan, Brian Mark (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Braman, Leonard Matthew (New York)

Cleary, Lisa E. (New York)

Engelhardt, Jordan Michael (New York)

Forte, Kimberly (New York)

Freeman, Lisa (New York)

James, Seymour W. Jr. (New York)

Moser, Theresa B. (New York)

Rosenbloom, Nancy (New York)

Judge(s)

Cogan, Brian Mark (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Braman, Leonard Matthew (New York)

Cleary, Lisa E. (New York)

Engelhardt, Jordan Michael (New York)

Forte, Kimberly (New York)

Freeman, Lisa (New York)

James, Seymour W. Jr. (New York)

Moser, Theresa B. (New York)

Rosenbloom, Nancy (New York)

Schmedlin, William F. (New York)

Attorneys(s) for Defendant

Calhoun, Martha Anne (New York)

Cardozo, Michael A. (New York)

Kruk, Carolyn Elizabeth (New York)

Rosinus, David Alan Jr. (New York)

Weber, Steven Douglas (New York)

Documents in the Clearinghouse

Document

1:10-cv-02181

Docket [PACER]

Jan. 22, 2016

Jan. 22, 2016

Docket
15

1:10-cv-02181

Stipulation and Order for Class Certification

May 8, 2010

May 8, 2010

Order/Opinion
1

1:10-cv-02181

Class Action Complaint

May 12, 2010

May 12, 2010

Complaint
5

1:10-cv-02181

Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction

May 14, 2010

May 14, 2010

Pleading / Motion / Brief
11

1:10-cv-02181

Stipulation and Order Withdrawing Motion for Preliminary Injunction

May 19, 2010

May 19, 2010

Order/Opinion
21-5

1:10-cv-02181

Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Approval of Settlement and Approval of Notice

Nov. 17, 2010

Nov. 17, 2010

Pleading / Motion / Brief
20-1

1:10-cv-02181

Stipulation and Order of Settlement

Feb. 28, 2011

Feb. 28, 2011

Order/Opinion
46

1:10-cv-02181

Stipulation and Order of Settlement as to Attorneys' Fees

June 29, 2011

June 29, 2011

Order/Opinion
54

1:10-cv-02181

Amendment No. 1 to Stipulation and Order of Settlement

A.M. v. Carrión

Jan. 22, 2016

Jan. 22, 2016

Order/Opinion

Resources

Docket

Last updated Aug. 11, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against John B. Mattingly Disclosure Statement on Civil Cover Sheet completed −yes,, filed by A.M., S.M., M.M.. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 05/13/2010)

May 12, 2010

May 12, 2010

2

MOTION for Leave to Proceed in forma pauperis by A.M., M.M., S.M.. (Bowens, Priscilla) (Entered: 05/13/2010)

May 12, 2010

May 12, 2010

Summons Issued as to John B. Mattingly. (Bowens, Priscilla) (Entered: 05/13/2010)

May 12, 2010

May 12, 2010

3

Letter to Judge Cogan From Lisa E. Cleary Requesting That the Court Schedule a Pre−Motion Conference Regarding Plaintiff's Filing of a Motion for Class Certification by A.M., M.M., S.M. (Cleary, Lisa) (Entered: 05/13/2010)

May 13, 2010

May 13, 2010

4

Unsigned Order to Show Cause for a Preliminary Injunction by A.M., M.M., S.M. (Attachments: # 1 Declaration of Leslie Winston, L.M.S.W., # 2 Declaration of Clara Goetz, # 3 Declaration of Kimberly Forte) (Cleary, Lisa) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

5

MEMORANDUM in Support re 4 Unsigned Order to Show Cause for a Preliminary Injunction filed by A.M., M.M., S.M.. (Cleary, Lisa) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

Minute Entry and Order for Status Conference held before Judge Brian M. Cogan on 5/14/10. Both sides present. The Court will hold an evidentiary hearing on plaintiffs' motion for a preliminary injunction as to plaintiffs A.M., M.M., and S.M., on 5/20/10 at 1:00 pm in Courtroom 4F North. The parties are to submit direct testimony by affidavits, which are to be exchanged by 5/19/10, and if either side want to cross−examine any of the affiants, the affiants must be produced at the hearing. If the parties arrive at a plan to deal with the named plaintiffs, they may file a stipulation or place it on the record in lieu of the hearing. (Weisberg, Peggy) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

6

SUMMONS Returned Executed by A.M., S.M., M.M.. John B. Mattingly served on 5/13/2010, answer due 6/3/2010. (Cleary, Lisa) (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

7

Subpoena by John B. Mattingly. (Weber, Steven) (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

8

NOTICE of Appearance by Leonard Matthew Braman on behalf of A.M., M.M., S.M. (aty to be noticed) (Braman, Leonard) (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

9

NOTICE of Appearance by Martha Anne Calhoun on behalf of John B. Mattingly (aty to be noticed) (Calhoun, Martha) (Entered: 05/18/2010)

May 18, 2010

May 18, 2010

10

NOTICE of Appearance by Steven Douglas Weber on behalf of John B. Mattingly (aty to be noticed) (Weber, Steven) (Entered: 05/18/2010)

May 18, 2010

May 18, 2010

11

STIPULATION re 4 Unsigned Order to Show Cause (Withdrawing Without Prejudice Plaintiff's Motion for Preliminary Injunctive Relief) by A.M., M.M., S.M. (Cleary, Lisa) (Entered: 05/19/2010)

May 19, 2010

May 19, 2010

ORDER re 11 Stipulation filed by S.M., M.M., A.M. The preliminary injunction hearing scheduled for 5/20 is canceled based on the parties' stipulation, which the Court will So Order and docket separately. Although the Court understands that the resolution is not final, the parties are to be congratulated for arriving at a common sense road map that at least presents the prospect of improving the difficult lives of these minors, something in which the Court believes both sides are interested in achieving. By separate Order, the Court will schedule an Initial Status Conference to address the final resolution of the case either consensually or by trial. Ordered by Judge Brian M. Cogan on 5/19/2010. (Cogan, Brian) (Entered: 05/19/2010)

May 19, 2010

May 19, 2010

12

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. In addition, the Court will hold an Initial Status Conference on 6/11/10 at 9:30 a.m. in Chambers 717S. The joint summary letter requirement is waived, however the parties are required to bring to the conference a completed Civil Case Management Plan [see attachment]. Ordered by Judge Brian M. Cogan on 5/20/2010. (Weisberg, Peggy) (Entered: 05/20/2010)

May 20, 2010

May 20, 2010

13

ANSWER to 1 Complaint by John B. Mattingly. (Weber, Steven) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

14

STIPULATION and Proposed Order for Class Certification by A.M., M.M., S.M. (Cleary, Lisa) (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

15

STIPULATION AND ORDER for Class Certification. Ordered by Judge Brian M. Cogan. See attached for details. (Abdallah, Fida) (Entered: 06/10/2010)

June 10, 2010

June 10, 2010

Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 6/11/10. Both sides present. The parties' Civil Case Management plan was adopted and will be docketed separately. Fact discovery to be completed by 11/15/10. (Weisberg, Peggy) (Entered: 06/11/2010)

June 11, 2010

June 11, 2010

16

SCHEDULING ORDER/Case Management Plan is hereby adopted. ( Ordered by Judge Brian M. Cogan on 6/11/2010 ) (Guzzi, Roseann) (Entered: 06/14/2010)

June 14, 2010

June 14, 2010

17

ORDER dated 6/15/10 re 11 Stipulation filed. ( Ordered by Judge Brian M. Cogan on 6/15/2010 ) (Guzzi, Roseann) (Entered: 06/17/2010)

June 17, 2010

June 17, 2010

18

STIPULATION and (Proposed) Protective Order by A.M., M.M., S.M. (Cleary, Lisa) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

19

STIPULATION AND PROTECTIVE ORDER re 18 Stipulation and (Proposed) Protective Order. ( Ordered by Judge Brian M. Cogan on 7/2/2010 ) (Guzzi, Roseann) (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

20

Letter from Lisa E. Cleary to Judge Cogan enclosing Stipulation and Order of Settlement for review and requesting court schedule a conference by A.M., M.M., S.M. (Attachments: # 1 STIPULATION and (Proposed) Order of Settlement) (Cleary, Lisa) (Entered: 10/13/2010)

Oct. 13, 2010

Oct. 13, 2010

ORDER re 20 Letter, filed by plaintiffs. There is no reason to hold the conference before the parties file their proposed notice. The conference will be held promptly after it is filed, perhaps in a matter of hours but no more than several days. Ordered by Judge Brian M. Cogan on 10/13/2010. (Cogan, Brian) (Entered: 10/13/2010)

Oct. 13, 2010

Oct. 13, 2010

21

Letter providing the Court with supplemental information to accompany the filed papers seeking preliminary approval of the Stipulation and Order of Settlement and approval of the agreed−upon notice and notice procedures by A.M., M.M., S.M. (Attachments: # 1 Declaration of Lisa E. Cleary in Support of Preliminary Approval of the Settlement, # 2 Declaration of Next Friend (Kinda Serafi), # 3 Declaration of Next Friend (Cynthia Godsoe), # 4 Declaration of Next Friend (Charla Beth Mobley), # 5 Memorandum of Law in Support of Plaintiff's Motion for Preliminary Approval of Settlement and Approval of Notice, # 6 Consent Order Pursuant to Fed.R.Civ.P. Rule 23(e)) (Cleary, Lisa) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

22

MOTION for Settlement (for Preliminary Approval of Settlement and Approval of Notice) by A.M., M.M., S.M.. (Cleary, Lisa) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

SCHEDULING ORDER: The Court will hold a telephone conference TODAY, 11/18/10. Parties will jointly call Chambers at 718−613−2230 at 12 noon. Ordered by Judge Brian M. Cogan on 11/18/2010. (Weisberg, Peggy) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

Minute Entry and Order for telephone conference held before Judge Brian M. Cogan on 11/18/10. Both sides present. Parties are to submit a joint letter by 11/25/10 regarding the implications of class certification on notice requirements as discussed. See transcript for details. (Court Reporter Marie Foley). (Weisberg, Peggy) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

24

ORDER re 21 Letter by A.M., M.M., S.M. The Court, having reviewed the parties' proposed Stipulation of Settlement and supporting documentation, preliminary approves the settlement and directs the parties to distribute notice in the original and complete format required under paragraphs 2, 3, 4, and 6 of the Consent Order by 12/15/2010, and post notice in the secondary format required by paragraph 1 of the Consent Order, by 12/30/2010. Defendant will serve notice on the New York Attorney General by 11/28/2010 and file proof of service. Any objections must be submitted, in the manner stated in the Settlement Notice, by 2/10/2011. The parties are directed to file a motion for final settlement approval, addressing the "Grinnell factors," see City of Detroit v. Grinnell Corp., 495 F.2d 448 (2d Cir.1974), overruled on other grounds by, Missouri v. Jenkins, 491 U.S. 274, 109 S.Ct. 2463 (1989), by 2/28/2011. The Court will hold a fairness hearing on 3/11/2011 at 9:30 a.m. in Courtroom N4F. Ordered by Judge Brian M. Cogan on 11/22/2010. (Clarke, Melonie) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

25

NOTICE of Appearance by David Alan Rosinus, Jr on behalf of John B. Mattingly (aty to be noticed) (Rosinus, David) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

26

NOTICE by John B. Mattingly of Proposed Class Action Settlement Under 28 U.S.C. § 1715 (Attachments: # 1 Exhibit A: Complaint, # 2 Exhibit B: Proposed Rule 23(e)(1) Notice, # 3 Exhibit C: Proposed Stipulation and Order of Settlement, # 4 Exhibit D: Stipulation and Order for Class Certification, # 5 Exhibit E: Consent Order Pursuant to Rule 23(e)) (Rosinus, David) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

27

CERTIFICATE OF SERVICE by John B. Mattingly re 26 Notice(Other), Notice(Other) of Proposed Class Action Settlement Under 28 U.S.C. § 1715 (Rosinus, David) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

Reset Hearing Time: Fairness Hearing set for 9:30 a.m. on 3/11/2011 is reset to 2:15 PM in Courtroom 4F North. (Weisberg, Peggy) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

28

DECLARATION of David A. Rosinus, Jr. in support of the proposed settlement by John B. Mattingly (Attachments: # 1 Exhibit A: Declaration of Francene Mann, # 2 Exhibit B: Declaration of Michael Hannon, # 3 Exhibit C: Memorandum from Deirdre Newton of NYC HHC) (Rosinus, David) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

29

MOTION for Settlement Notice of Plaintiffs' Motion for Final Approval of Proposed Settlement by A.M., M.M., S.M.. (Attachments: # 1 Proposed Order) (Cleary, Lisa) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

30

MEMORANDUM in Support re 29 MOTION for Settlement Notice of Plaintiffs' Motion for Final Approval of Proposed Settlement filed by A.M., M.M., S.M.. (Cleary, Lisa) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

31

AFFIDAVIT/DECLARATION in Support re 29 MOTION for Settlement Notice of Plaintiffs' Motion for Final Approval of Proposed Settlement Declaration of Lisa E. Cleary in Support of Final Approval of Proposed Settlement filed by A.M., M.M., S.M.. (Cleary, Lisa) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

32

AFFIDAVIT/DECLARATION in Support re 29 MOTION for Settlement Notice of Plaintiffs' Motion for Final Approval of Proposed Settlement Declaration of Next Friend Cynthia Godsoe filed by A.M., M.M., S.M.. (Cleary, Lisa) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

33

AFFIDAVIT/DECLARATION in Support re 29 MOTION for Settlement Notice of Plaintiffs' Motion for Final Approval of Proposed Settlement Declaration of Next Friend C.B. Mobley in Support of Motion filed by A.M., M.M., S.M.. (Cleary, Lisa) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

34

AFFIDAVIT/DECLARATION in Support re 29 MOTION for Settlement Notice of Plaintiffs' Motion for Final Approval of Proposed Settlement Declaration of Next Friend Kinda Serafi in Support of Motion filed by A.M., M.M., S.M.. (Cleary, Lisa) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

35

STIPULATION re 29 MOTION for Settlement Notice of Plaintiffs' Motion for Final Approval of Proposed Settlement ; Stipulation and (Proposed) Order of Settlement by

Feb. 28, 2011

Feb. 28, 2011

36

ORDER Approving Settlement re: 29 Motion for Settlement. ( Ordered by Judge Brian M. Cogan on 3/11/2011 ) (Guzzi, Roseann) (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

37

Stipulation and Order of Settlement. ( Ordered by Judge Brian M. Cogan on 3/11/2011 ) (Guzzi, Roseann) (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

38

Letter from Lisa E. Cleary to Judge Cogan requesting an extension of time to submit papers in support of settlement by A.M., M.M., S.M. (Cleary, Lisa) (Entered: 04/20/2011)

April 20, 2011

April 20, 2011

ORDER GRANTING 38 Letter requesting an extension of time to submit papers in support of settlement to 5/18/2011. Infant Compromise Hearing is adjourned to 5/25/11 at 4:30 pm in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 4/20/2011. (Weisberg, Peggy) (Entered: 04/20/2011)

April 20, 2011

April 20, 2011

39

Letter to Judge Cogan requesting an additional three week extension to submit papers in support of the settlement and adjournment of the infant compromise hearing by A.M., M.M., S.M. (Cleary, Lisa) (Entered: 05/17/2011)

May 17, 2011

May 17, 2011

ORDER re 39 Letter extending time to submit papers in support of settlement to 6/10. Infant Compromise Hearing is rescheduled for 6/24/2011 at 11:30 AM in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 5/20/2011. (Clarke, Melonie) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

40

MOTION for Attorney Fees by A.M., M.M., S.M.. (Attachments: # 1 Declaration of Lisa Cleary, # 2 Stipulation and Proposed Order of Settlement as to Attorneys' Fees) (Cleary, Lisa) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

41

MEMORANDUM in Support re 40 MOTION for Attorney Fees filed by A.M., M.M., S.M.. (Cleary, Lisa) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

42

MOTION for Approval of Infant Compromise by A.M., M.M., S.M.. (Attachments: # 1 Declaration of Lisa Cleary, # 2 Declaration of Kinda Serafi, # 3 Declaration of Cynthia Godsoe, # 4 Declaration of Charla Beth Mobley, # 5 Proposed Order) (Cleary, Lisa) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

43

Letter regarding counsel by A.M., M.M., S.M. (Rosenbloom, Nancy) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

MINUTE ENTRY AND ORDER for infant compromise hearing held before Judge Brian M. Cogan on 6/24/11. For the reasons stated on the record, the Court approves the settlement and grants leave to establish the described trusts for S.M., A.M., and M.M. conditional upon the filing of a successful motion for the Court's appointment of plaintiffs' next friends. See transcript for details (Court reporter Lisa Schmid). (Weisberg, Peggy) (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

44

Letter Motion on consent regarding confirmation and appointment of Next Friends by A.M., M.M., S.M. (Cleary, Lisa) (Entered: 06/28/2011)

June 28, 2011

June 28, 2011

45

Letter amending the previously filed Letter Motion on consent regarding confirmation and appointment of Next Friends by A.M., M.M., S.M. (Cleary, Lisa) (Entered: 06/28/2011)

June 28, 2011

June 28, 2011

46

STIPULATION AND ORDER OF SETTLEMENT AS TO ATTORNEY FEES re: 40 Motion for Attorney Fees. ( Ordered by Judge Brian M. Cogan on 6/24/2011 ) (Guzzi, Roseann) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

48

ORDER OF COMPROMISE re: 42 Motion for Approval of Infant Compromise. ( Ordered by Judge Brian M. Cogan on 6/28/2011 ) (Guzzi, Roseann) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

49

ORDER/Memorandum of Understanding. ( Ordered by Judge Brian M. Cogan on 6/28/2011 ) (Guzzi, Roseann) (Entered: 06/29/2011)

June 29, 2011

June 29, 2011

50

ORDER dated 6/30/11 re: retroactively appoint Kinda Serafi, Cynthia Godsoe, and Charla Beth Mobley and next friends for the infant−plaintiffs S.M., M.M., and A.M., respectively. ( Ordered by Judge Brian M. Cogan on 6/30/11 ) (Guzzi, Roseann) (Entered: 07/01/2011)

July 1, 2011

July 1, 2011

51

ENDORSED STIPULATION AND ORDER OF SETTLEMENT AND DISCONTINUANCE AS TO INDIVIDUALLY NAMED PLTFFS on document #42−1, the claims of the Individually Named Pltffs for damages resulting from the facts alleged in this action are hereby dismissed, with prejudice, and without costs, expenses, or fees in excess of the amount in paragraph 2 below. The Deft hereby agrees to pay to the Individually Named Pltffs, within 90 days of the so−ordering of this Stipulation and Order of Settlement and Discontinuance and receipt of all papers necessary to effectuate the settlement as follows: to Pltff A.M., the sum of $210,000; to Pltff M.M., the sum of $237,000; and to Pltff S.M., the sum of $107,500. (Ordered by Judge Brian M. Cogan on 7/6/2011) c/m (Galeano, Sonia) (Entered: 07/07/2011)

July 7, 2011

July 7, 2011

52

NOTICE of Appearance by Carolyn Elizabeth Kruk on behalf of All Defendants (aty to be noticed) (Kruk, Carolyn) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

53

Joint MOTION to Alter Judgment by A.M.. (Attachments: # 1 Proposed Order Amending Stipulation) (Freeman, Lisa) (Entered: 01/22/2016)

Jan. 22, 2016

Jan. 22, 2016

54

AMENDMENT NO. 1 to Stipulation and Order of Settlement re: 53 Motion to Alter Judgment. ( Ordered by Judge Brian M. Cogan on 1/22/2016 ) (Guzzi, Roseann) (Entered: 01/22/2016)

Jan. 22, 2016

Jan. 22, 2016

Case Details

State / Territory: New York

Case Type(s):

Child Welfare

Special Collection(s):

Olmstead Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: May 12, 2010

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are children with mental illness in foster care who are currently institutionalized in psychiatric facilities.

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: Denied

Defendants

New York City Administration for Children's Services (New York), City

Defendant Type(s):

Jurisdiction-wide

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

State law

State Anti-Discrimination Law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $554,500

Order Duration: 2011 - 2016

Content of Injunction:

Monitoring

Reasonable Accommodation

Training

Preliminary relief request withdrawn/mooted

Issues

General:

Classification / placement

Commitment procedure

Counseling

Deinstitutionalization/decarceration

Education

Failure to train

Foster care (benefits, training)

Individualized planning

Juveniles

Placement in mental health facilities

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified