Case: Toney-Dick v. Doar

Toney-Dick v. Doar et al

Toney-Dick v. Doar et al

Toney-Dick v. Doar et al

Toney-Dick v. Doar et al

Toney-Dick v. Doar et al

Toney-Dick v. Doar et al

Toney-Dick v. Doar et al

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)

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)

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

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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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)

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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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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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)

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)

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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)

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)

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)

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)

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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)

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)

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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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)

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)

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)

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)

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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)

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)

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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)

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)

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)

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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)

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)

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)

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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)

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)

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)

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)

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)

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)

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

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2 Affidavit Declaration of Thomas Hedderman

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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)

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)

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2 Declaration of John Gasior

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3 Declaration of Thomas Hedderman

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

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)

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)

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)

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)

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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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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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)

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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)

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)

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)

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)

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)

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)

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)

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)

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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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)