Case: Toney-Dick v. Doar

1:12-cv-09162 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 17, 2012

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On December 17, 2012, a group of disabled persons filed a class action lawsuit in the U.S. District Court for the Southern District of New York against the New York Department of Human Resources and its director in his official capacity under Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Food Stamp Act, 7 U.S.C. §§ 2020(e)(2)(b)(i) and (e)(11), and New York State and City Statutes. Plaintiffs alleged that D-SNAP, an emergency food stamp pro…

On December 17, 2012, a group of disabled persons filed a class action lawsuit in the U.S. District Court for the Southern District of New York against the New York Department of Human Resources and its director in his official capacity under Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Food Stamp Act, 7 U.S.C. §§ 2020(e)(2)(b)(i) and (e)(11), and New York State and City Statutes.

Plaintiffs alleged that D-SNAP, an emergency food stamp program implemented after Hurricane Sandy, discriminated against disabled persons by having only one application center and an in-person registration requirement. Both of the limited availability of registration centers and the requirement for in-person registration were absent from the defendant's standard food stamps program precisely because, as the plaintiffs argued, they discriminate against persons with disabilities who may not be able to travel to the registration center. The plaintiffs, represented by the Legal Aid Society of New York, asked the court for a preliminary injunction, declaratory and injunctive relief, and attorney's fees.

On March 18, 2013, the District Court (Judge Katherine B. Forrest) denied plaintiff's motion for a preliminary injunction as the plaintiffs failed to prove that irreparable harm would result if the injunction was not granted. Judge Forrest also dismissed plaintiffs' complaint finding that the plaintiffs needed to sue the U.S. Department of Agriculture and the U.S. Secretary of Agriculture in his official capacity in order to properly bring the suit as they authorized the D-SNAP plan and also paid part of the liabilities under D-SNAP.

On March 29, 2013, the plaintiffs filed an amended complaint that added the U.S. Secretary of Agriculture in his official capacity and the U.S. Department of Agriculture as defendants. The new complaint also added a claim for retroactive award of D-SNAP benefits to those who were excluded from the program due to the alleged discriminatory practices.

On September 16, 2013, the District Court certified two subclasses: (1) "disabled individuals who were eligible to apply for benefits from the Sandy D-SNAP Program," and (2) "individuals who may be eligible to apply for benefits from a future D-SNAP program and who will need reasonable accommodations because of a disability (or disabilities)." 2013 WL 5295221.

On November 14, 2013, the District Court dismissed plaintiffs' claims against the U.S. Secretary of Agriculture and the U.S. Secretary of Agriculture for lack of subject matter jurisdiction primarily on two grounds: (1) the Department of Agriculture assured the District Court that if the other defendants were found liable, then the federal government would pay its share of the D-SNAP benefits, and (2) plaintiffs cannot sue the Department of Agriculture because there is no clear cause of action concerned that if it were to recognize a cause of action against a government agency for providing emergency support to local governments then federal agencies would be more reluctant to lend help and advice during future emergencies. 2013 WL 6057949.

On January 22, 2014, the court referred the action to Magistrate Judge Andrew J. Peck for settlement discussions. The parties proceeded with settlement negotiations and periodic status conferences, and filed a joint motion for approval of class-action settlement on March 30, 2015. The settlement provided for retrospective relief ensuring that D-SNAP benefits were distributed in accordance with waiver requests, and prospective relief ensuring the administration of future D-SNAP benefits would comply with laws prohibiting disability discrimination. On March 31, 2015, Judge Forrest granted preliminary approval of the proposed settlement.

Following a June 25, 2015 fairness hearing, Judge Forrest entered final judgment approving the class action settlement and dismissing the case on July 7, 2015. On December 28, 2015, Judge Forrest approved the stipulation and order of settlement of attorney's fees, which provided that the State of New York would pay $180,000 in fees and the City of New York $270,000 in fees.

Pursuant to the settlement, the court was to retain jurisdiction over the action for 24 months, or 12 months if the city defendants appointed and convened a Disability Advisory Community Panel. The defendants notified the court that they had convened the panel by letter dated May 9, 2016. On August 9, 2016, Judge Forrest terminated the court's jurisdiction over the settlement and the case is now closed.

Summary Authors

Brian Kempfer (2/21/2014)

Sarah McDonald (3/25/2018)

Related Cases

Lovely H. v. Eggleston, Southern District of New York (2005)

Brooklyn Center for Independence of the Disabled v. Bloomberg, Southern District of New York (2011)

Matter of Fidler v. Doar, New York state trial court (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4351538/parties/toney-dick-v-doar/


Judge(s)

Forrest, Katherine Bolan (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Demana, Christine (New York)

Goldiner, Judith (New York)

Holder, Adriene L. (New York)

Jois, Goutam Umesh (New York)

Kelleher, Kathleen M. (New York)

Kelleher [inactive], Katie (New York)

Lanka, Sumani Vani (New York)

Mastro, Randy M (New York)

Judge(s)

Forrest, Katherine Bolan (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Demana, Christine (New York)

Goldiner, Judith (New York)

Holder, Adriene L. (New York)

Jois, Goutam Umesh (New York)

Kelleher, Kathleen M. (New York)

Kelleher [inactive], Katie (New York)

Lanka, Sumani Vani (New York)

Mastro, Randy M (New York)

Nematzadeh, Justin Solomon (New York)

Rokosky, Seth M. (New York)

Stephens, Kenneth (New York)

Sternberg, Susan R. (New York)

Welber, Susan (New York)

Attorneys(s) for Defendant

Fang, Linda (New York)

Gasior, John P (New York)

La Morte, Tara Marie (New York)

Longley, Serena Mabel (New York)

Roberts, Thomas B. (Pennsylvania)

Schneiderman, Eric T. (New York)

Sweet, Emily (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Toney-Dick v. Doar et al

Aug. 9, 2016 Docket
1

Class Action Complaint; Injunctive and Declaratory Relief

2012 WL 6555431

Dec. 17, 2012 Complaint
14

Order

Toney-Dick v. Doar et al

Jan. 8, 2013 Order/Opinion
38

Memorandum Decision & Order

Toney-Dick v. Doar et al

2013 WL 1314954

March 18, 2013 Order/Opinion
41

Second Amended Class Action Complaint

Toney-Dick v. Doar et al

March 29, 2013 Complaint
47-1

Proposed Order

Toney-Dick v. Doar et al

May 13, 2013 Order/Opinion
108

Memorandum and Order

Toney-Dick v. Doar et al

2013 WL 5295221

Sept. 13, 2013 Order/Opinion
111

Memorandum Decision and Order

Toney-Dick v. Doar et al

2013 WL 5549921

Oct. 3, 2013 Order/Opinion
139

Opinion & Order (Granting Federal Defendant's Motion to Dismiss)

2013 WL 6057949

Nov. 14, 2013 Order/Opinion
224-3

Stipulation and Settlement

March 30, 2015 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4351538/toney-dick-v-doar/

Last updated May 20, 2022, 3:16 a.m.

ECF Number Description Date Link
1

COMPLAINT against Robert Doar, The New York City Human Rights Resources Administration. (Filing Fee $ 350.00, Receipt Number 465401055558)Document filed by Alechea Toney-Dick.(msa) (Entered: 12/19/2012)

Dec. 17, 2012 PACER
2

STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (msa) Modified on 12/19/2012 (msa). (Entered: 12/19/2012)

Dec. 17, 2012 PACER
3

DECLARATION of John Buhta in Opposition. Document filed by Robert Doar, The New York City Human Rights Resources Administration. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Buhta, John) Modified on 12/19/2012 (msa). (Entered: 12/19/2012)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Exhibit H

View on PACER

Dec. 19, 2012 PACER
4

DECLARATION of Roy Esnard in Opposition. Document filed by Robert Doar, The New York City Human Rights Resources Administration. (Attachments: # 1 Exhibit A)(Buhta, John) Modified on 12/19/2012 (msa). (Entered: 12/19/2012)

1 Exhibit A

View on PACER

Dec. 19, 2012 PACER
5

DECLARATION of Roy A. Esnard in Opposition re: 4 Declaration in Opposition. Document filed by Robert Doar, The New York City Human Rights Resources Administration. (Attachments: # 1 Exhibit Exhibit B, # 2 Exhibit Exhibit C, # 3 Exhibit Exhibit D - part 1, # 4 Exhibit Exhibit D - part 2)(Sweet, Emily) (Entered: 12/20/2012)

1 Exhibit Exhibit B

View on PACER

2 Exhibit Exhibit C

View on PACER

3 Exhibit Exhibit D - part 1

View on PACER

4 Exhibit Exhibit D - part 2

View on PACER

Dec. 20, 2012 PACER
6

NOTICE OF CASE ASSIGNMENT to Judge Katherine B. Forrest. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 12/21/2012)

Dec. 21, 2012 PACER
7

ORDER: It is hereby ORDERED that no later than January 7, 2013, plaintiffs should file their legal and evidentiary submissions addressing the above issues in connection with the standard for injunctive relief. Defendants shall file any response thereto no later than seven (7) calendar days after plaintiffs make their submission. All filings should be made on ECF per the Federal Rules of Civil Procedure and the Local Rules of Civil Procedure for the Southern District of New York. IT IS FURTHER ORDERED that this action shall be removed from Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York. The Clerk of the Court is ordered to remove this action from the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York. (Signed by Judge Katherine B. Forrest on 12/21/2012) (ago) (Entered: 12/21/2012)

Dec. 21, 2012 PACER
8

ORDER PERMITTING PLAINTIFF TO PROCEED ANONYMOUSLY: Upon the Amended Complaint, the Attorney's Declaration of Kathleen Kelleher, dated December 20,2012, indicating that the name of the plaintiff whose fictitious name appears in the caption of the First Amended Complaint will be provided to the defendant along with identifying information. IT IS HEREBY ORDERED that the plaintiff X.T. be permitted to proceed anonymously in this action. (Signed by Judge Katherine B. Forrest on 12/21/2012) (ago) (Entered: 12/21/2012)

Dec. 21, 2012 PACER
9

NOTICE OF APPEARANCE by Emily Sweet on behalf of Robert Doar, The New York City Human Rights Resources Administration (Sweet, Emily) (Entered: 12/21/2012)

Dec. 21, 2012 PACER
10

FIRST AMENDED COMPLAINT amending 1 Complaint against Robert Doar, The New York City Human Rights Resources Administration.Document filed by X.T., Sherry Hanan, Renee Moore. Related document: 1 Complaint filed by Alechea Toney-Dick.(cd) (Entered: 12/27/2012)

Dec. 21, 2012 PACER
11

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kenneth Stephens dated 1/7/2013 re: Plaintiffs respectfully request permission, with consent of the defendants, to file a memorandum of law of approximately 30 pages, in support of our combined motion(s) for a preliminary injunction and class certification. The alternative of filing two separate memoranda would, in our estimation, be more cumbersome and less efficient for the parties and the Court. The motion papers will be filed today via ECF as set forth in the Court's Order of December 21, 2012. ENDORSEMENT: Application granted. (Signed by Judge Katherine B. Forrest on 1/7/2013) (rjm) (Entered: 01/07/2013)

Jan. 7, 2013 PACER
12

NOTICE OF APPEARANCE by Randy M. Mastro on behalf of Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T. (Mastro, Randy) (Entered: 01/08/2013)

Jan. 8, 2013 PACER
13

NOTICE OF APPEARANCE by Justin Solomon Nematzadeh on behalf of Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T. (Nematzadeh, Justin) (Entered: 01/08/2013)

Jan. 8, 2013 PACER
14

MOTION for Preliminary Injunction., MOTION to Certify Class. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Attachments: # 1 Text of Proposed Order)(Mastro, Randy) (Entered: 01/08/2013)

1 Text of Proposed Order

View on PACER

Jan. 8, 2013 PACER
15

MEMORANDUM OF LAW in Support re: 14 MOTION for Preliminary Injunction. MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Mastro, Randy) (Entered: 01/08/2013)

Jan. 8, 2013 RECAP
16

DECLARATION of Kenneth Stephens in Support re: 14 MOTION for Preliminary Injunction. MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Mastro, Randy) (Entered: 01/08/2013)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

Jan. 8, 2013 PACER
17

DECLARATION of Renee Moore in Support re: 14 MOTION for Preliminary Injunction. MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Mastro, Randy) (Entered: 01/08/2013)

Jan. 8, 2013 PACER
18

DECLARATION of Sherry Hanan in Support re: 14 MOTION for Preliminary Injunction. MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Mastro, Randy) (Entered: 01/08/2013)

Jan. 8, 2013 PACER
19

DECLARATION of Susan Dooha in Support re: 14 MOTION for Preliminary Injunction. MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Mastro, Randy) (Entered: 01/08/2013)

Jan. 8, 2013 PACER
20

DECLARATION of Ryan P. Gelman in Support re: 14 MOTION for Preliminary Injunction. MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Attachments: # 1 Exhibit A)(Mastro, Randy) (Entered: 01/08/2013)

1 Exhibit A

View on PACER

Jan. 8, 2013 PACER
21

DECLARATION of XT in Support re: 14 MOTION for Preliminary Injunction. MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Mastro, Randy) (Entered: 01/08/2013)

Jan. 8, 2013 PACER
22

DECLARATION of Catherine F. Bowman in Support re: 14 MOTION for Preliminary Injunction. MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Mastro, Randy) (Entered: 01/08/2013)

Jan. 8, 2013 PACER
23

DECLARATION of Joel S. Berg in Support re: 14 MOTION for Preliminary Injunction. MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mastro, Randy) (Entered: 01/08/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Jan. 8, 2013 PACER
24

NOTICE OF APPEARANCE by Susan R. Sternberg on behalf of Alechea Toney-Dick (Sternberg, Susan) (Entered: 01/08/2013)

Jan. 8, 2013 PACER
25

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Emily Sweet dated 1/8/2013 re: The parties jointly request the following briefing schedule for Plaintiffs' motions for a preliminary injunction and class certification, and Defendants' motion to dismiss: January 8, 2013: Plaintiffs' motion for a preliminary injunction. January 16, 2013: Defendants' opposition to Plaintiffs' motions for a preliminary injunction and class certification, Defendants' motion to dismiss. January 30, 2013: Plaintiffs' opposition to Defendants' motion to dismiss, Plaintiffs' reply in further support of their motions for a preliminary injunction and class certification. February 6, 2013 Defendants' reply in further support of their motion for a preliminary injunction. ENDORSEMENT: Time frames as set forth herein accepted. ( Motions due by 1/16/2013. Responses due by 1/30/2013, Replies due by 2/6/2013.)(Signed by Judge Katherine B. Forrest on 1/9/2013) (djc) (Entered: 01/09/2013)

Jan. 9, 2013 PACER
26

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kenneth Stephens dated 1/9/2013 re: Plaintiffs are submitting this letter just to alert the Court of a filing of a state court case, Matter of Fiddler v. Doar (Sup. Ct. Kings County, Index No. 450/2013), brought under a special state court procedure, Article 78 of the Civil Practice Law and Rules. ENDORSEMENT: Ordered. The Clerk shall post this letter on the docket. (Signed by Judge Katherine B. Forrest on 1/10/2013) (rjm) (Entered: 01/11/2013)

Jan. 11, 2013 PACER
27

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Emily Sweet dated 1/15/2013 re: Counsel requests: (1) a modification of the briefing schedule jointly requested by the parties and approved by the Court last week in order to provide Defendant an extra day to complete motion and opposition papers presently due tomorrow; and (2) that Defendants be granted leave to submit a 35-page brief. Plaintiffs' counsel has kindly consented to these requests. Defendants respectfully request that all remaining deadlines be moved by one day, resulting in the following modified schedule: January 17, 2013: Defendants' opposition to Plaintiffs' motions for a preliminary injunction and class certification. Defendants' motion to dismiss. January 31, 2013: Plaintiffs' opposition to Defendants' motion to dismiss. Plaintiffs' reply in further support of their motions for a preliminary injunction and class certification. February 7, 2013: Defendants' reply in further support of their motion to dismiss. Additionally, Defendants request that they be granted leave to submit a single 35 page brief in support of their motion to dismiss and in opposition to Plaintiffs' motions for a preliminary injunction and class certification. ENDORSEMENT: Ordered: Applications regarding schedule and page length granted. (Motions due by 1/17/2013, Responses due by 1/31/2013, Replies due by 2/7/2013.) (Signed by Judge Katherine B. Forrest on 1/16/2013) (ft) (Entered: 01/16/2013)

Jan. 16, 2013 PACER
28

FIRST MOTION to Dismiss First Amended Complaint. Document filed by Robert Doar, The New York City Human Rights Resources Administration. Responses due by 1/31/2013 Return Date set for 2/7/2013 at 11:59 PM.(Sweet, Emily) (Entered: 01/17/2013)

Jan. 17, 2013 PACER
29

DECLARATION of Roy A. Esnard in Opposition re: 14 MOTION for Preliminary Injunction. MOTION to Certify Class.. Document filed by Robert Doar, The New York City Human Rights Resources Administration. (Sweet, Emily) (Entered: 01/17/2013)

Jan. 17, 2013 PACER
30

MEMORANDUM OF LAW in Opposition re: 14 MOTION for Preliminary Injunction. MOTION to Certify Class. and In Support of Defendants' Cross-Motion to Dismiss the First Amended Complaint. Document filed by Robert Doar, The New York City Human Rights Resources Administration. (Sweet, Emily) (Entered: 01/17/2013)

Jan. 17, 2013 PACER
31

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kenneth Stephens dated 1/30/2013 re: Plaintiffs are respectfully requesting, with consent of counsel for the defendants, permission to file a brief not to exceed 36 pages in opposition to defendants' cross-motion to dismiss plaintiffs' first amended class action complaint and in further support of plaintiffs' motions for a preliminary injunction and class certification. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 1/30/2013) (ft) (Entered: 01/30/2013)

Jan. 30, 2013 PACER
32

MEMORANDUM OF LAW in Opposition re: 14 MOTION for Preliminary Injunction. MOTION to Certify Class., 28 FIRST MOTION to Dismiss First Amended Complaint. PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' CROSS-MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED CLASS ACTION COMPLAINT AND IN FURTHER SUPPORT OF PLAINTIFFS' MOTIONS FOR A PRELIMINARY INJUNCTION AND CLASS CERTIFICATION. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Mastro, Randy) (Entered: 01/31/2013)

Jan. 31, 2013 PACER
33

DECLARATION of Kenneth Stephens in Opposition re: 14 MOTION for Preliminary Injunction. MOTION to Certify Class., 28 FIRST MOTION to Dismiss First Amended Complaint.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Attachments: # 1 Exhibit 1)(Mastro, Randy) (Entered: 01/31/2013)

1 Exhibit 1

View on PACER

Jan. 31, 2013 PACER
34

DECLARATION of Daniel J. Krombach in Support re: 28 FIRST MOTION to Dismiss First Amended Complaint.. Document filed by Robert Doar, The New York City Human Rights Resources Administration. (Sweet, Emily) (Entered: 02/07/2013)

Feb. 7, 2013 PACER
35

REPLY MEMORANDUM OF LAW in Support re: 28 FIRST MOTION to Dismiss First Amended Complaint.. Document filed by Robert Doar, The New York City Human Rights Resources Administration. (Sweet, Emily) (Entered: 02/07/2013)

Feb. 7, 2013 PACER
36

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Sumani V. Lanka dated 3/1/2013 re: Plaintiff's counsel writes plaintiffs respectfully submit this letter seeking an order compelling defendants to produce documents in response to Plaintiffs' Document Request and designate a witness in response to Plaintiffs' Deposition Notice, and provide such other relief as the Court deems just and proper. ENDORSEMENT: Ordered. The court expects to issue a decision on the motion to dismiss in the relatively near future. That decision is expected to dismiss the case with leave to replead. If, once that decision issues and the parties have reviewed it, this discovery dispute remains live, the Court will resolve it. Note: The Court is not staying discovery at this time. (Signed by Judge Katherine B. Forrest on 3/4/2013) (ago) (Entered: 03/05/2013)

March 5, 2013 PACER
37

Letter addressed to Judge Katherine B. Forrest from Emily Sweet dated 3/1/2013 re: Defense counsel writes Defendants respectfully submit that their pending motion to dismiss has "substantial grounds," as it demonstrates, among other things that plaintiffs have failed to join necessary parties, that three of the four named plaintiffs' claims are moot, and the fourth plaintiff fails to state a claim. Moreover, defendants' motion, if granted, would entirely dispose of this action.Defendants are prepared to begin producing the documents described in their February 20 email next week and to continue to do so thereafter on a rolling basis pending resolution of the pending motion to dismiss. Additionally, defendants are prepared to move forward expeditiously with formal discovery in the event that their motion to dismiss is denied. Given this, there is no reason to believe that plaintiffs will be prejudiced by holding discovery in abeyance.We note that in order to satisfy the 30(b)(6) notice, HRA would most likely have to identify, prepare and produce multiple witnesses for deposition. It is respectfully submitted that it does not make sense to move forward at this time with formal discovery, including what could be multiple depositions, all in a case that might ultimately be dismissed, without the need for any discovery.Accordingly, for all the above reasons, defendants respectfully request that this Court stay discovery pending resolution of their motion to dismiss and deny plaintiffs' request for an order compelling discovery. Document filed by The New York City Human Rights Resources Administration.(ago) (Entered: 03/05/2013)

March 5, 2013 PACER
38

MEMORANDUM DECISION & ORDER: granting in part and denying in part 28 Motion to Dismiss; denying 14 Motion for Preliminary Injunction; denying 14 Motion to Certify Class. For the reasons stated above, defendants' motion to dismiss is GRANTED IN PART, and plaintiffs' Complaint is dismissed without prejudice to the filing of a second amended complaint. Without an operative complaint, plaintiffs' motion for preliminary injunctive relief and class certification is DENIED, without prejudice, as moot. Plaintiffs are hereby ORDERED to file their second amended complaint, with--or without--any application for preliminary injunctive relief, on ECF not later than Friday, March 29, 2013. The Court emphasizes that although plaintiffs' motion for preliminary injunctive relief is denied and their Complaint dismissed, plaintiffs have not lost this case. Indeed--and putting aside the technical litigation aspects of this case--it is clear that the D-SNAP applied for by the State, authorized by USDA, and administered by the City did not reach as many ofits intended beneficiaries as it could have. Whether as a matter of law the program was unlawfully discriminatory and/or whether alternative reasonable accommodations existed--taking into account the various and extreme exigencies facing the City authorities in the wake of Hurricane Sandy--is a question left for another day. The Clerk of the Court is directed to terminate the motions at ECF Nos. 14 and 28. SO ORDERED.(Signed by Judge Katherine B. Forrest on 3/18/2013) (ama) (Entered: 03/18/2013)

March 18, 2013 PACER
41

SECOND AMENDED CLASS ACTION COMPLAINT amending 10 Amended Complaint against Robert Doar, The New York City Human Rights Resources Administration, Kristin Proud, The New York State Office of Temporary and Disability Assistance, Tom Vilsack, United States Department of Agriculture.Document filed by Alechea Toney-Dick, Renee Moore, X.T., Sherry Hanan. Related document: 10 Amended Complaint filed by Sherry Hanan, Renee Moore, X.T. (js) (Entered: 04/03/2013)

March 29, 2013 PACER
39

ORDER: On March 18, 2013, the Court denied plaintiffs' request for preliminary injunctive relief in this matter, dismissed plaintiffs' First Amended Complaint, and ordered plaintiffs to file their Second Amended Complaint not later than March 29, 2013 (ECF No. 38). That date has come and gone, and plaintiffs have made no filing. Plaintiffs are thus hereby directed to inform the Court not later than Wednesday, April 3, 2013, at 5:00 p.m. whether they intend to continue to prosecute this action. Otherwise it will be terminated. (Signed by Judge Katherine B. Forrest on 4/2/2013) (mt) (Entered: 04/02/2013)

April 2, 2013 PACER
40

ORDER: The Court shall hold a status conference on Wednesday, April 17, 2013, at 11:00 a.m. All parties shall attend. ( Status Conference set for 4/17/2013 at 11:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 4/3/2013) (ago) (Entered: 04/03/2013)

April 3, 2013 PACER
42

NOTICE OF APPEARANCE by John Peter Gasior on behalf of Kristin Proud, The New York State Office of Temporary and Disability Assistance (Gasior, John) (Entered: 04/11/2013)

April 11, 2013 PACER
43

CERTIFICATE OF SERVICE of Summons and Amended Complaint,. Robert Doar served on 4/5/2013, answer due 4/26/2013; Kristin Proud served on 4/5/2013, answer due 4/26/2013; The New York City Human Rights Resources Administration served on 4/5/2013, answer due 4/26/2013; The New York State Office of Temporary and Disability Assistance served on 4/5/2013, answer due 4/26/2013; United States Department of Agriculture served on 4/5/2013, answer due 4/26/2013; Tom Vilsack served on 4/5/2013, answer due 4/26/2013. Service was accepted by by hand, various. Service was made by Mail. Document filed by Sherry Hanan; Alechea Toney-Dick; Renee Moore; X.T.. (Attachments: # 1 Certificate of Service, # 2 Certificate of Service, # 3 Certificate of Service, # 4 Certificate of Service, # 5 Certificate of Service, # 6 Affidavit of Service, # 7 Affidavit of Service)(Mastro, Randy) (Entered: 04/17/2013)

1 Certificate of Service

View on PACER

2 Certificate of Service

View on PACER

3 Certificate of Service

View on PACER

4 Certificate of Service

View on PACER

5 Certificate of Service

View on PACER

6 Affidavit of Service

View on PACER

7 Affidavit of Service

View on PACER

April 17, 2013 PACER
44

NOTICE OF APPEARANCE by Tara Marie La Morte on behalf of United States Department of Agriculture, Tom Vilsack (La Morte, Tara) (Entered: 04/17/2013)

April 17, 2013 PACER
45

SCHEDULING ORDER: The following schedule shall govern the remaining proceedings in this case: Motions due by 5/13/2013. Responses due by 6/12/2013 Replies due by 8/1/2013. Fact Discovery due by 11/14/2013. Expert Discovery due by 12/12/2013. Status Conference set for 8/6/2013 at 01:00 PM before Judge Katherine B. Forrest. Ready for Trial by 1/21/2014. SO ORDERED. (Signed by Judge Katherine B. Forrest on 4/17/2013) (ama) (Entered: 04/17/2013)

April 17, 2013 PACER
46

NOTICE OF APPEARANCE by Goutam Umesh Jois on behalf of Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T. (Jois, Goutam) (Entered: 05/09/2013)

May 9, 2013 PACER
47

MOTION to Certify Class. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Attachments: # 1 Text of Proposed Order)(Lanka, Sumani) (Entered: 05/13/2013)

1 Text of Proposed Order

View on PACER

May 13, 2013 PACER
48

MEMORANDUM OF LAW in Support re: 47 MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Lanka, Sumani) (Entered: 05/13/2013)

May 13, 2013 PACER
49

DECLARATION of Joel S. Berg in Support re: 47 MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lanka, Sumani) (Entered: 05/13/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

May 13, 2013 PACER
50

DECLARATION of Catherine F. Bowman in Support re: 47 MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Lanka, Sumani) (Entered: 05/13/2013)

May 13, 2013 PACER
51

DECLARATION of Susan Dooha in Support re: 47 MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Lanka, Sumani) (Entered: 05/13/2013)

May 13, 2013 PACER
52

DECLARATION of Ryan P. Gelman in Support re: 47 MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Attachments: # 1 Exhibit A)(Lanka, Sumani) (Entered: 05/13/2013)

1 Exhibit A

View on PACER

May 13, 2013 PACER
53

DECLARATION of Sherry Hanan in Support re: 47 MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Lanka, Sumani) (Entered: 05/13/2013)

May 13, 2013 PACER
54

DECLARATION of Renee Moore in Support re: 47 MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Lanka, Sumani) (Entered: 05/13/2013)

May 13, 2013 PACER
55

DECLARATION of Kenneth Stephens in Support re: 47 MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Lanka, Sumani) (Entered: 05/13/2013)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

May 13, 2013 PACER
56

DECLARATION of Alechea Toney-Dick in Support re: 47 MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Lanka, Sumani) (Entered: 05/13/2013)

May 13, 2013 PACER
57

DECLARATION of X.T. in Support re: 47 MOTION to Certify Class.. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Lanka, Sumani) (Entered: 05/13/2013)

May 13, 2013 PACER
58

TRANSCRIPT of Proceedings re: CONFERENCE held on 4/17/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2013. Redacted Transcript Deadline set for 6/20/2013. Release of Transcript Restriction set for 8/19/2013.(Rodriguez, Somari) (Entered: 05/16/2013)

May 16, 2013 PACER
59

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/17/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 05/16/2013)

May 16, 2013 PACER
60

TRANSCRIPT of Proceedings re: CONFERENCE held on 4/17/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/17/2013. Redacted Transcript Deadline set for 6/27/2013. Release of Transcript Restriction set for 8/23/2013.(McGuirk, Kelly) (Entered: 05/22/2013)

May 22, 2013 PACER
61

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/17/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/22/2013)

May 22, 2013 PACER
62

MEMORANDUM OF LAW in Opposition re: 47 MOTION to Certify Class.. Document filed by Kristin Proud, The New York State Office of Temporary and Disability Assistance. (Attachments: # 1 Affidavit Declaration of John Gasior, # 2 Affidavit Declaration of Thomas Hedderman)(Gasior, John) (Entered: 06/12/2013)

1 Affidavit Declaration of John Gasior

View on PACER

2 Affidavit Declaration of Thomas Hedderman

View on PACER

June 12, 2013 PACER
63

MEMORANDUM OF LAW in Opposition re: 47 MOTION to Certify Class.. Document filed by Robert Doar, The New York City Human Rights Resources Administration. (Longley, Serena) (Entered: 06/12/2013)

June 12, 2013 PACER
64

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss for Lack of Jurisdiction. Document filed by Kristin Proud, The New York State Office of Temporary and Disability Assistance. Responses due by 7/9/2013 (Attachments: # 1 Memorandum of Law to Dismiss, # 2 Declaration of John Gasior, # 3 Declaration of Thomas Hedderman)(Gasior, John) Modified on 6/13/2013 (db). (Entered: 06/12/2013)

1 Memorandum of Law to Dismiss

View on PACER

2 Declaration of John Gasior

View on PACER

3 Declaration of Thomas Hedderman

View on PACER

June 12, 2013 PACER
65

ANSWER to 41 Amended Complaint,. Document filed by Robert Doar, The New York City Human Rights Resources Administration.(Sweet, Emily) (Entered: 06/12/2013)

June 12, 2013 PACER
66

NOTICE OF APPEARANCE by Serena Mabel Longley on behalf of Robert Doar, The New York City Human Rights Resources Administration (Longley, Serena) (Entered: 06/12/2013)

June 12, 2013 PACER
67

MOTION to Dismiss Second Amended Complaint. Document filed by United States Department of Agriculture, Tom Vilsack. Responses due by 7/19/2013(La Morte, Tara) (Entered: 06/12/2013)

June 12, 2013 PACER
68

MEMORANDUM OF LAW in Support re: 67 MOTION to Dismiss Second Amended Complaint.. Document filed by United States Department of Agriculture, Tom Vilsack. (La Morte, Tara) (Entered: 06/12/2013)

June 12, 2013 PACER
69

DECLARATION of Jessica Shahin in Support re: 67 MOTION to Dismiss Second Amended Complaint.. Document filed by United States Department of Agriculture, Tom Vilsack. (Attachments: # 1 Exhibit A)(La Morte, Tara) (Entered: 06/12/2013)

1 Exhibit A

View on PACER

June 12, 2013 PACER
70

MOTION to Dismiss for Lack of Jurisdiction. Document filed by Kristin Proud, The New York State Office of Temporary and Disability Assistance. Responses due by 7/9/2013(Gasior, John) (Entered: 06/13/2013)

June 13, 2013 PACER
71

MEMORANDUM OF LAW in Support re: 70 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Kristin Proud, The New York State Office of Temporary and Disability Assistance. (Gasior, John) (Entered: 06/13/2013)

June 13, 2013 PACER
72

DECLARATION of John Gasior in Support re: 70 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Kristin Proud, The New York State Office of Temporary and Disability Assistance. (Gasior, John) (Entered: 06/13/2013)

June 13, 2013 PACER
73

DECLARATION of Thomas Hedderman in Support re: 70 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Kristin Proud, The New York State Office of Temporary and Disability Assistance. (Gasior, John) (Entered: 06/13/2013)

June 13, 2013 PACER
74

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Justin Solomon Nematzadeh dated 7/10/13 re: Counsel for the plaintiffs respectfully requests permission, with Defendants' consent already given, to file two separate memoranda of law in opposition to the State and Federal Defendants' motions to dismiss Plaintiffs' Second Amended Complaint and a separate combined reply brief in further support of Plaintiffs' motion for class certification (three memoranda of law in total). ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 7/11/2013) (mro) (Entered: 07/11/2013)

July 11, 2013 PACER
75

MOTION for Judgment on the Pleadings. Document filed by Robert Doar, The New York City Human Rights Resources Administration. Responses due by 7/26/2013(Sweet, Emily) (Entered: 07/12/2013)

July 12, 2013 PACER
76

MEMORANDUM OF LAW in Support re: 75 MOTION for Judgment on the Pleadings.. Document filed by Robert Doar, The New York City Human Rights Resources Administration. (Sweet, Emily) (Entered: 07/12/2013)

July 12, 2013 PACER
77

DECLARATION of Emily Sweet in Support re: 75 MOTION for Judgment on the Pleadings.. Document filed by Robert Doar, The New York City Human Rights Resources Administration. (Sweet, Emily) (Entered: 07/12/2013)

July 12, 2013 PACER
78

MEMORANDUM OF LAW in Opposition re: 67 MOTION to Dismiss Second Amended Complaint. PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO THE FEDERAL DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Mastro, Randy) (Entered: 07/19/2013)

July 19, 2013 PACER
79

MEMORANDUM OF LAW in Opposition re: 70 MOTION to Dismiss for Lack of Jurisdiction. PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO THE STATE DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Mastro, Randy) (Entered: 07/19/2013)

July 19, 2013 PACER
80

REPLY MEMORANDUM OF LAW in Support re: 47 MOTION to Certify Class. PLAINTIFFS' REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR CLASS CERTIFICATION. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Attachments: # 1 Appendix A)(Lanka, Sumani) (Entered: 07/19/2013)

1 Appendix A

View on PACER

July 19, 2013 PACER
81

DECLARATION of Sumani Lanka re: 80 Reply Memorandum of Law in Support of Motion, 79 Memorandum of Law in Opposition to Motion, 78 Memorandum of Law in Opposition to Motion,. Document filed by Sherry Hanan, Renee Moore, Alechea Toney-Dick, X.T.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Lanka, Sumani) (Entered: 07/19/2013)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit 10

View on PACER

11 Exhibit 11

View on PACER

12 Exhibit 12

View on PACER

13 Exhibit 13

View on PACER

14 Exhibit 14

View on PACER

15 Exhibit 15

View on PACER

16 Exhibit 16

View on PACER

17 Exhibit 17

View on PACER

July 19, 2013 PACER
82

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Justin Solomon Nematzadeh dated 7/23/13 re: Plaintiffs respectfully request that the deadline for their opposition papers be extended from July 26, 2013, to thirty (30) days after your Honor enters orders in connection with (i) Plaintiffs' Motion for Class Certification, (ii) Federal Defendants' Motion to Dismiss, and (iii) State Defendants' Motion to Dismiss. City Defendants consent to this timeline. Correspondingly and with Plaintiffs' consent, City Defendants respectfully request that the deadline for their reply papers be set for fourteen (14) days after Plaintiffs' opposition is filed. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 7/24/2013) (mro) (Entered: 07/25/2013)

July 25, 2013 PACER
83

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Tara M. La Morte dated 7/29/13 re: Counsel writes to request an extension of the ten page limit for the Federal Defendants' reply brief. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 7/29/2013) (mro) (Entered: 07/30/2013)

July 30, 2013 PACER
84

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Tara M. La Morte dated 7/30/13 re: Counsel requests that if the Court wishes to hold an oral argument on the Federal Defendants' motion to dismiss, that it schedule argument on one of the dates listed herein. ENDORSEMENT: Ordered: Conference set for Aug. 6 adjourned to Sept. 5 at 9 am. ( Oral Argument set for 9/5/2013 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/31/2013) (mro) (Entered: 07/31/2013)

July 31, 2013 PACER
85

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Justin Solomon Nematzadeh dated 7/30/13 re: Counsel writes in response to Ms. LaMorte's letter of earlier today, July 30, 2013. Counsel writes simply to clarify that Plaintiffs take no position on the Federal Defendants' request and are available to proceed on August 6, 2013, as scheduled. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 7/31/2013) (mro) (Entered: 07/31/2013)

July 31, 2013 PACER
86

FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Leave to File Excess Pages to State Defendants' Reply Memorandum of Law. Document filed by Kristin Proud, The New York State Office of Temporary and Disability Assistance. Return Date set for 9/5/2013 at 09:00 AM.(Gasior, John) Modified on 8/1/2013 (db). (Entered: 08/01/2013)

Aug. 1, 2013 PACER
87

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Josh Gasior dated 8/1/13 re: Counsel writes to request that the Court allow State Defendants to file an 11 page memoranda. Counsel for all other parties consent to this request. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 8/1/2013) (mro) (Entered: 08/01/2013)

Aug. 1, 2013 PACER
88

REPLY MEMORANDUM OF LAW in Support re: 67 MOTION to Dismiss Second Amended Complaint.. Document filed by United States Department of Agriculture, Tom Vilsack. (La Morte, Tara) (Entered: 08/01/2013)

Aug. 1, 2013 PACER
89

REPLY AFFIDAVIT of Tara M. La Morte in Support re: 67 MOTION to Dismiss Second Amended Complaint.. Document filed by United States Department of Agriculture, Tom Vilsack. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(La Morte, Tara) (Entered: 08/01/2013)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Aug. 1, 2013 PACER
90

REPLY AFFIDAVIT of James Arena DeRosa in Support re: 67 MOTION to Dismiss Second Amended Complaint.. Document filed by United States Department of Agriculture, Tom Vilsack. (La Morte, Tara) (Entered: 08/01/2013)

Aug. 1, 2013 PACER
91

REPLY AFFIDAVIT of David Youngblood in Support re: 67 MOTION to Dismiss Second Amended Complaint.. Document filed by United States Department of Agriculture, Tom Vilsack. (La Morte, Tara) (Entered: 08/01/2013)

Aug. 1, 2013 PACER
92

REPLY MEMORANDUM OF LAW in Support re: 70 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Kristin Proud, The New York State Office of Temporary and Disability Assistance. (Gasior, John) (Entered: 08/01/2013)

Aug. 1, 2013 PACER
93

DECLARATION of Thomas J. Hedderman in Support re: 70 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Kristin Proud, The New York State Office of Temporary and Disability Assistance. (Gasior, John) (Entered: 08/01/2013)

Aug. 1, 2013 PACER
94

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Justin Solomon Nematzadeh dated 8/26/13 re: The parties respectfully request clarification from the Court as to whether they should be prepared to present oral argument on any or all of these motions during our status conference scheduled for 9 A.M. on Thursday, September 5, 2013, and, if so, if there are specific issues that the parties should address. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 8/28/2013) (mro) (Entered: 08/28/2013)

Aug. 28, 2013 PACER
95

ORDER: On September 5, 2013, an oral argument on the pending motions in the above-captioned case is scheduled to occur. On August 27, 2013, Plaintiffs submitted a letter on behalf of all parties requesting information regarding which motions the Court intends on addressing at the upcoming oral argument. The parties need not be prepared to address the Motion for Class Certification or the Motion to Dismiss submitted by the State Defendants. However, the Court may request argument on the Motion to Dismiss submitted by the USDA. Specifically, the parties should be prepared to address the issue of whether the USDA is amenable to suit in this matter. (Signed by Judge Katherine B. Forrest on 8/28/2013) (mro) (Entered: 08/28/2013)

Aug. 28, 2013 PACER
96

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Serena Longley dated 8/28/2013 re: Counsel write to request an extension of time, from 8/30/2013 at 8:30 p.m. until 9/4/2013 at 9:00 a.m., to respond to plaintiffs' letter to the Court submitted at 8:31 p.m. on 8/27/2013. ENDORSEMENT: Ordered. Application granted. (Signed by Judge Katherine B. Forrest on 8/28/2013) (tro) (Entered: 08/28/2013)

Aug. 28, 2013 PACER
97

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Tara M. La Morte dated 8/29/13 re: Counsel writes respectfully, with consent from Plaintiffs, to request an extension of time, from August 30, 2013, at 8:30 p.m. until September 4, 2013, at 9:00 a.m., to respond to Plaintiffs' letter to the Court submitted at 8:31 p.m. on August 27, 2013. ENDORSEMENT: Ordered: Application granted. (Signed by Judge Katherine B. Forrest on 8/29/2013) (mro) (Entered: 08/29/2013)

Aug. 29, 2013 PACER
98

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Justin Solomon Nematzadeh dated 8/27/2013 re: Counsel for Plaintiffs write to raise an important discovery issue in advance of the parties' 9/5/2013, status conference with the Court. ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 8/30/2013) (tro) (Entered: 08/30/2013)

Aug. 30, 2013 PACER
99

ORDER: Accordingly, it is to these issues that the Court wishes to direct the parties' attention. FIRST, the parties are directed to be prepared to discuss the tenability of an implied cause of action against a federal funding agency when the agency itself is accused of engaging in discriminatory conduct. SECOND, the parties are directed to be prepared to discuss the following: The precise role of the USDA, in relation to the City and State Defendants, in designing and approving the annual D-SNAP Plan. The precise role of the USDA, in relation to the City and State Defendants, in designing, approving, and implementing the D-SNAP Program effectuated in the wake of Hurricane Sandy. The extent to which the USDA was aware of the allegedly discriminatory components of the Hurricane Sandy D-SNAP Program, and what action, if any, the USDA took in response. The relationship between the annual D-SNAP Plan and a D-SNAP program that is implemented following a natural or manmade disaster, both generally and with respect to the Hurricane Sandy D-SNAP Program. THIRD, as a separate but related issue, the parties are directed to be prepared to address whether - notwithstanding the Court's prior Order - the Court could afford complete relief to the Plaintiffs without the USDA as a named defendant in this action. SO ORDERED. (Signed by Judge Katherine B. Forrest on 9/03/2013) (ama) (Entered: 09/03/2013)

Sept. 3, 2013 PACER
100

ENDORSED LETTER addressed to Judge Katherine B. Forrest from Tara M. La Morte dated 8/30/2013 re: Counsel requests that the status conference scheduled for 9/5/2013, be rescheduled for 9/4/2013, or anytime the week of 9/9/2013. ENDORSEMENT: Ordered. Post to docket. (Signed by Judge Katherine B. Forrest on 9/4/2013) (tro) (Entered: 09/04/2013)

Sept. 4, 2013 PACER

State / Territory: New York

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Dec. 17, 2012

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disabled persons eligible to apply for emergency food stamps under New York City's response program to Hurricane Sandy, D-SNAP

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 City Human Rights Resources Administration, City

United States Department of Agriculture, Federal

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 450,000

Order Duration: 2015 - 2016

Content of Injunction:

Discrimination Prohibition

Preliminary relief denied

Reasonable Accommodation

Recordkeeping

Reporting

Issues

General:

Access to public accommodations - governmental

Classification / placement

Pattern or Practice

Poverty/homelessness

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

Reasonable Accommodations

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Least restrictive environment

Mental impairment

Mobility impairment

Visual impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run

Benefit Source:

Food stamps