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Case: Lovely H. v. Eggleston

1:05-cv-06920 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 3, 2005

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 3, 2005, a group of people with disabilities filed a complaint in the U.S. District Court for the Southern District of New York against the New York Human Resources Administration (NYHRA). The complaint was brought under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and 42 U.S.C. §1983, alleging violation of these Acts, the Due Process Clauses of the U.S. and New York Constitutions, and New York State and City civil rights statutes and regulations. Repres…

On August 3, 2005, a group of people with disabilities filed a complaint in the U.S. District Court for the Southern District of New York against the New York Human Resources Administration (NYHRA). The complaint was brought under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and 42 U.S.C. §1983, alleging violation of these Acts, the Due Process Clauses of the U.S. and New York Constitutions, and New York State and City civil rights statutes and regulations.

Represented by the Legal Aid Society and private counsel, the plaintiffs alleged that the NYHRA discriminated against them by involuntarily transferring their public benefits cases from their neighborhood welfare center to one of three "hub" centers that were exclusively designated for people with disabilities. The plaintiffs further claimed that these "hub" centers segregated people with disabilities and failed to provide reasonable accommodations to those whose disability made it difficult to travel. The plaintiffs asked the court for a temporary restraining order, a preliminary injunction, injunctive and declaratory relief, and attorneys' fees.

On September 19, 2005, Judge Laura Taylor Swain approved a stipulation between the two parties where the defendant agreed to (1) transfer the named plaintiffs back to their local welfare centers, (2) stop the involuntary transfer of disabled persons, (3) provide the plaintiffs with notice of any voluntary transfers and (4) combine the hearing on the temporary restraining order with the hearing on the preliminary injunction. On November 11, 2005, the Court approved another stipulation where the defendant agreed to stop involuntary transfers and give notice of voluntary transfers.

On April 19, 2006, Judge Swain certified a plaintiff class defined as "recipients of public assistance, food stamps and/or Medicaid who have received or will receive a notice from the New York City Human Resources Administration involuntarily transferring their case to one of three 'hub centers' in Manhattan, the Bronx or Brooklyn in connection with the WeCARE program." In the same order, Judge Swain issued a preliminary injunction prohibiting the NYHRA from reassigning class members' cases to the hubs and requiring the NYHRA to give the transferred plaintiffs the right to return their case to their local center. This preliminary injunction was suspended on May 16, 2006, after the NYHRA informed the court that it was closing the hub centers.

On December 11, 2006, the plaintiffs amended the complaint to request that the court order the defendant to reopen cases that were closed due to class members failing to attend mandatory meetings at the hub centers.

For the next five years, discovery and negotiations dominated the case. The case was reassigned in November of 2011 to Judge Katherine B. Forrest.

On March 27, 2012, the plaintiffs moved for partial summary judgment on the issue of whether any of the plaintiff class would be excluded from the collection of compensatory damages, which was denied by Judge Forrest as premature.

Following two more years of discovery, on November 25, 2014, the parties entered into a partial settlement. The agreement included compensation for foregone Cash Assistance benefits, reimbursement for Medicaid-covered expenses, and expungement of sanctions incurred while class members were assigned to hubs. Then, on March 11, 2015, Judge Forrest reviewed a proposed settlement of all claims, preliminarily approving it, subject to a fairness hearing.

Under the proposed settlement, the defendant agreed to implement a broad set of policies and practices for class members. This included implementing "Disability Inquiry Methods," written scripts and screening protocols for the staff to identify client disabilities that may pose barriers to complying with program requirements and maintaining access to benefits, as well as any needed Reasonable Accommodation (as defined by the ADA). The agency agreed to have a non-exhaustive list of reasonable accommodations available to identified clients. The agency agreed to help facilitate successful federal disability benefit applications, including a referral to a vendor to assist with appealing a denial of benefits. The agreement also outlined procedures for mandatory pre- and post-reminders for appointments, and protocols for hospitalized and homeless class members. The agency also agreed to additional training, to accept feedback from a Disability Advisory Community Panel, to have court supervised monitoring, and to have more accessible materials available.

On June 22, 2015, Judge Forrest approved the class action settlement. After three years of negotiations and the parties agreeing to multiple extensions, on January 26, 2018, the City of New York agreed to pay attorney's fees in the amount of $6,500,000, with $5,434,936 going to The Legal Aid Society and the remainder going to private counsel. 

NYHRA was still working to achieve full compliance and implementation of the settlement when both parties agreed to extend the duration of the court's jurisdiction. On July 9, 2019, the parties agreed to enter a stipulation to amend the settlement so that it would end at 84 months instead of 48 months. On June 10, 2022, the parties agreed to amend the settlement so that it would conclude at 108 months instead of 84 months.

As of October 2022, the case is still ongoing, pursuant to the court's continuing jurisdiction until the settlement's provisions are fully complete.

Summary Authors

Brian Kempfer (1/28/2014)

Kevin Nomura (4/6/2015)

Kat Brausch (4/7/2016)

Alexander Walling (7/20/2018)

Jerry Lan (10/5/2022)

Related Cases

Toney-Dick v. Doar, Southern District of New York (2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4939959/parties/h-v-eggleston/


Judge(s)

Forrest, Katherine Bolan (New York)

Swain, Laura Taylor (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Blum, Richard Elliot (New York)

Edelman, Scott (New York)

Goldiner, Judith (New York)

Holder, Adriene L. (New York)

Kelleher, Kathleen M. (New York)

Murphy, Sean Miles (New York)

Ratliff, Kyla (New York)

Judge(s)

Forrest, Katherine Bolan (New York)

Swain, Laura Taylor (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Blum, Richard Elliot (New York)

Edelman, Scott (New York)

Goldiner, Judith (New York)

Holder, Adriene L. (New York)

Kelleher, Kathleen M. (New York)

Murphy, Sean Miles (New York)

Ratliff, Kyla (New York)

Rosenberg, Scott Alan (New York)

Stephens, Kenneth (New York)

Welber, Susan (New York)

Williams, Cheryl (New York)

Wu, Carolyn (New York)

Attorneys(s) for Defendant

Buhta, John Michael (New York)

Calhoun, Martha Anne (New York)

Giovanatti, Neil Anthony (New York)

Pines, Jonathan (New York)

Roberts, Thomas B. (Pennsylvania)

Rosinus, David Alan Jr. (New York)

Silverberg, Janice Casey (New York)

Sweet, Emily (New York)

Expert/Monitor/Master

Ashby, Gerald J. (Colorado)

Blumberg, Mark (District of Columbia)

Carter, Zachary W. (New York)

Walker-Diallo, Carolyn (New York)

Documents in the Clearinghouse

Document

1:05-cv-06920

Docket [PACER]

H. v. Eggleston

Jan. 26, 2018

Jan. 26, 2018

Docket
1

1:05-cv-06920

Class Action Complaint

Aug. 3, 2005

Aug. 3, 2005

Complaint
17

1:05-cv-06920

Stipulation

Sept. 19, 2005

Sept. 19, 2005

Order/Opinion
24

1:05-cv-06920

Stipulation

Nov. 10, 2005

Nov. 10, 2005

Order/Opinion
62

1:05-cv-06920

Opinion and Order [Granting Preliminary Injunction]

April 19, 2006

April 19, 2006

Order/Opinion
66

1:05-cv-06920

Order [Amending Preliminary Injunction]

May 18, 2006

May 18, 2006

Order/Opinion
87

1:05-cv-06920

Memorandum Opinion and Order [Granting Motion to Amend Complaint]

Nov. 15, 2006

Nov. 15, 2006

Order/Opinion
97

1:05-cv-06920

Amended Class Action Complaint

Dec. 11, 2006

Dec. 11, 2006

Complaint
192

1:05-cv-06920

Memorandum and Order [Denying Motion for Summary Judgment]

Sept. 19, 2012

Sept. 19, 2012

Order/Opinion
270

1:05-cv-06920

Stipulation and Order of Partial Settlement

Nov. 25, 2014

Nov. 25, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4939959/h-v-eggleston/

Last updated Oct. 5, 2022, 1:16 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Verna Eggleston. Document filed by Lovely H., Gloria Q., Michele N..(jbe, ) Additional attachment(s) added on 8/9/2005 (jeh, ). (Entered: 08/04/2005)

Aug. 3, 2005

Aug. 3, 2005

Clearinghouse
2

ORDER Pursuant to 28 U.S.C. 1915, permitting plaintiffs to proceed in forma pauperis. (Signed by Judge Stephen C. Robinson on 8/3/05) (jbe, ) Additional attachment(s) added on 8/9/2005 (jeh, ). (Entered: 08/04/2005)

Aug. 3, 2005

Aug. 3, 2005

PACER

Magistrate Judge Andrew J. Peck is so designated. (jbe, )

Aug. 3, 2005

Aug. 3, 2005

PACER

SUMMONS ISSUED as to Verna Eggleston. (jbe, )

Aug. 3, 2005

Aug. 3, 2005

PACER

Case Designated ECF. (jbe, )

Aug. 3, 2005

Aug. 3, 2005

PACER
3

AFFIDAVIT OF SERVICE. Verna Eggleston served on 8/4/2005, answer due 8/24/2005. Service was accepted by Nathan Solomon, Clerk. Document filed by Lovely H.. (Stephens, Kenneth) (Entered: 08/05/2005)

Aug. 5, 2005

Aug. 5, 2005

PACER
4

NOTICE of Appearance by Kenneth Richard Stephens on behalf of all plaintiffs (Stephens, Kenneth) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

PACER
5

FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST MOTION to Certify Class. Document filed by Lovely H., Gloria Q., Michele N. (Attachments: # 1 Exhibit Ex. 2# 2 Exhibit Ex. 4# 3 Exhibit Ex. 5# 4 Exhibit Ex. 6# 5 Exhibit Ex. 7)(Stephens, Kenneth) Modified on 8/11/2005 (kg). (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

PACER
6

ORDER TO SHOW CAUSE: why an order should not be entered against defendant pursuant to Rule 65 of the FRCP as further set forth in said Order. Show Cause Hearing set for 8/23/2005 12:00 PM before Judge Laura Taylor Swain. Show Cause Response due by 8/11/2005. (Signed by Judge Laura Taylor Swain on 8/10/05) (db, ) (Entered: 08/11/2005)

Aug. 10, 2005

Aug. 10, 2005

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Kenneth Stephens to RE-FILE Document 5 FIRST MOTION to Certify Class. Use the document type Declaration in support (non-motion) found under the document list Other Answers. (kg)

Aug. 11, 2005

Aug. 11, 2005

PACER
7

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Kathleen M. Kelleher dated 8/19/05 re: Application GRANTED. The proposed schedule is approved. The parties shall promptly inform the Court as to the amount of time expected to be required for presentation of evidence in connection with the preliminary injunction application. A hearing date will be set following such notification. (Signed by Judge Laura Taylor Swain on 8/22/05) Copies Faxed by Chambers.(db, ) (Entered: 08/24/2005)

Aug. 23, 2005

Aug. 23, 2005

PACER

Set/Reset Deadlines: Deposition due by 10/14/2005. (db, )

Aug. 23, 2005

Aug. 23, 2005

PACER
8

NOTICE of Appearance by Kathleen Mary Kelleher on behalf of all plaintiffs (Kelleher, Kathleen) (Entered: 08/26/2005)

Aug. 26, 2005

Aug. 26, 2005

PACER
9

AFFIDAVIT OF SERVICE of Endorsed Letter dated August 19, 2005, Signed by Judge Laura Taylor Swain August 22, 2005 served on Martha Calhoun, Assistant Corporation Counsel on August 26, 2005. Service was made by mail. Document filed by Lovely H., Gloria Q., Michele N.. (Kelleher, Kathleen) (Entered: 08/26/2005)

Aug. 26, 2005

Aug. 26, 2005

PACER
10

INITIAL CONFERENCE ORDER:that an pretrial conference will be held in this case on 11/29/05, @4:30pm, in courtroom 1305, 40 Centre St., N.Y.C; that plaintiff shall serve a copy of this Preliminary Pre-Trial Order on each dfts within 10 calendar days following the date of this order; counsel for the parties confer preliminarily at least 21 days prior to the date set forth in paragraph 1 of this order to discuss the matters set forth in within. (Signed by Judge Laura Taylor Swain on 8/29/05) (pl, ) (Entered: 08/30/2005)

Aug. 29, 2005

Aug. 29, 2005

PACER
14

ENDORSED LETTER addressed to Judge Laura T. Swain from Kathleen M. Kellher dated 8/29/05 re: to confirm that argument on the motion has been adjourned to 9/15/05 at 4:00 PM. ENDORSEMENT: The adjournment is confirmed. (Signed by Judge Laura Taylor Swain on 8/30/05) (kco, ) (Entered: 09/08/2005)

Aug. 30, 2005

Aug. 30, 2005

PACER
11

AFFIDAVIT OF SERVICE of Initial Conference Order dated August 29, 2005 served on Eggleston on August 31, 2005. Service was made by Mail. Document filed by Lovely H., Gloria Q., Michele N.. (Kelleher, Kathleen) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

PACER
12

AFFIDAVIT OF SERVICE of Memo Endorsed Letter of the parties dated August 29, 2005, signed by Judge Swain on August 30, 2005 served on Eggleston on August 31, 2005. Service was made by mail. Document filed by Lovely H., Gloria Q., Michele N.. (Kelleher, Kathleen) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

PACER
13

NOTICE of appearance. Document filed by Verna Eggleston. (Sweet, Emily) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

PACER
15

ANSWER to Complaint. Document filed by Verna Eggleston.(Silverberg, Janice) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

PACER
16

NOTICE of Appearance by Richard Elliot Blum on behalf of all plaintiffs (Blum, Richard) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

PACER
17

STIPULATION AND ORDER that plaintiffs' motion for a temproary restraining order is resolved as further set forth in this order. (Signed by Judge Laura Taylor Swain on 9/19/05) (dle, ) (Entered: 09/20/2005)

Sept. 19, 2005

Sept. 19, 2005

Clearinghouse
18

STIPULATION AND PROTECTIVE ORDER; regarding procedures that shall govern the handling of confifidential information during the course of these proceedings. (Signed by Judge Laura Taylor Swain on 9/27/05) (djc, ) (Entered: 09/29/2005)

Sept. 28, 2005

Sept. 28, 2005

PACER
19

ENDORSED LETTER addressed to Judge Swain from Martha Calhoun dated 10/5/05: the modification of the briefing scheduleis approved. The preliminary injunction hearing will be held on 11/28/05, commencing at 9:30 am. The parties' attentionis directed to the undersigned's general Rules for Trial counsel, copies of which are available ont he court's web site or from the courtroom deputy. (Signed by Judge Laura Taylor Swain on 10/5/05) (cd, ) (Entered: 10/12/2005)

Oct. 11, 2005

Oct. 11, 2005

PACER
20

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Martha A. Calhoun dated 10/26/05 re: Counsel writes to request an enlargement of the discovery and briefing schedule as follows: defendants' opposition papers to be served on 11/15/05 and plaintiffs' reply papers to be served on 12/2/05; and request that the preliminary injunction hearing be adjourned. The request is granted. The hearing is adjourned from Nov. 28 to 12/13/05 at 9:30 a.m., as is the initial conference. So Ordered. (Signed by Judge Laura Taylor Swain on 10/26/05) (jco, ) (Entered: 10/27/2005)

Oct. 27, 2005

Oct. 27, 2005

PACER
21

CERTIFICATE OF SERVICE of so-ordered letter served on Kathleen Kelleher on 10/27/2005. Document filed by Verna Eggleston. (Calhoun, Martha) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

PACER
22

NOTICE of Appearance by Martha Anne Calhoun on behalf of Verna Eggleston (Calhoun, Martha) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

PACER
23

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Martha A. Calhoun dated 11/10/05 re: granting dfts request to have until 11/18/05 to serve and file their opposition papers and plaintiffs have until 12/7/05 to serve and file their reply. (Signed by Judge Laura Taylor Swain on 11/11/05) (pl, ) (Entered: 11/16/2005)

Nov. 15, 2005

Nov. 15, 2005

PACER
24

STIPULATION; that dfts will refrain from performing any new involuntary transfers of the public assistance, Food Stamps, and/or Medicaid cases of recipients of public benefits from Job Enters to WeCare job centers through the date of the hearing on plaintiffs' motion for a preliminary injunction, 12/13/05. Five business days before release or mailing, dft, will provide copies to counsel for plaintiffs of notices regarding any voluntary transfer of the public assistance, Food Stamps, and/or Medicaid cases of recipient of public benefits. (Signed by Judge Laura Taylor Swain on 11/11/05) (pl, ) (Entered: 11/16/2005)

Nov. 15, 2005

Nov. 15, 2005

Clearinghouse
25

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial. Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Laura Taylor Swain on 11/18/05) (db, ) Additional attachment(s) added on 11/18/2005 (db, ). (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

PACER
26

ENDORSED LETTER addressed to Judge Swain from Martha Calhoun dated 11/17/05: granting deft permission to submit a 60 page memo of law in opposition to pntfs' motions for a preliminary injunction and class certification. (Signed by Judge Charles E. Stewart on 11/18/05) (cd, ) (Entered: 11/21/2005)

Nov. 18, 2005

Nov. 18, 2005

PACER
27

FIRST MEMORANDUM OF LAW in Opposition re: 5 FIRST MOTION to Certify Class. and in opposition to motion for preliminary injunction. Document filed by Verna Eggleston. (Sweet, Emily) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER
28

DECLARATION of Martha Calhoun in Opposition re: 5 FIRST MOTION to Certify Class.. Document filed by Verna Eggleston. (Attachments: # 1 Exhibit (Exhibit A)# 2 Exhibit (Exhibit B)# 3 Exhibit (Exhibit C)# 4 Exhibit (Exhibit D)# 5 Exhibit (Exhibit E)# 6 Exhibit (Exhibit F)# 7 Exhibit (Exhibit G)# 8 Exhibit (Exhibit H)# 9 Exhibit Exhibit I# 10 Exhibit (Exhibit J)# 11 Exhibit (Exhibit K)# 12 Exhibit (Exhibit L)# 13 Exhibit (Exhibit M)# 14 Exhibit (Exhibit N)# 15 Exhibit (Exhibit O)# 16 Exhibit (Exhibit P))(Sweet, Emily) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER
29

DECLARATION of Swati Desai in Opposition re: 5 FIRST MOTION to Certify Class.. Document filed by Verna Eggleston. (Attachments: # 1 Exhibit (A)# 2 Exhibit (B))(Sweet, Emily) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER
30

DECLARATION of Sheldon Cantor in Opposition re: 5 FIRST MOTION to Certify Class.. Document filed by Verna Eggleston. (Attachments: # 1 Exhibit (A))(Sweet, Emily) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER
31

DECLARATION of Barbara Ramirez Giove in Opposition re: 5 FIRST MOTION to Certify Class.. Document filed by Verna Eggleston. (Attachments: # 1 Exhibit (1)# 2 # 3 Exhibit (3))(Sweet, Emily) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER
32

DECLARATION of Roberta Solomon in Opposition re: 5 FIRST MOTION to Certify Class.. Document filed by Verna Eggleston. (Attachments: # 1 Exhibit (A))(Sweet, Emily) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER
33

DECLARATION of Frank R. Lipton, M.D. in Opposition re: 5 FIRST MOTION to Certify Class.. Document filed by Verna Eggleston. (Sweet, Emily) (Entered: 11/21/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER
34

ORDER a status conference is scheduled for 11/22/05 at 11:00 a.m., in courtroom 20D (500 Pearl Street) (Signed by Judge Andrew J. Peck on 11/21/05) "Copies Faxed & ECF by Chambers"(jco, ) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

PACER

Set Deadlines/Hearings: Status Conference set for 11/22/2005 11:00 AM before Magistrate Judge Andrew J. Peck. (jco, )

Nov. 21, 2005

Nov. 21, 2005

PACER

Minute Entry for proceedings held before Judge Andrew J. Peck : Status Conference held on 11/22/2005. Disc. disputes resolved - see transcript. Parties to contact if disputes. (dle, )

Nov. 22, 2005

Nov. 22, 2005

PACER
35

TRANSCRIPT of proceedings held on 11/22/05 before Judge Andrew J. Peck. (jbe, ) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

PACER
36

REPLY AFFIDAVIT of Richard Faust in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Rosenberg, Scott) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
37

REPLY AFFIDAVIT of Kathleen Kelleher in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Rosenberg, Scott) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
38

REPLY AFFIDAVIT of Linda W. in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Rosenberg, Scott) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
39

REPLY AFFIDAVIT of Marliese A. in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Rosenberg, Scott) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
40

REPLY AFFIDAVIT of Minerva R. in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Rosenberg, Scott) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
41

REPLY AFFIDAVIT of Danielle A. in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Rosenberg, Scott) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
42

REPLY AFFIDAVIT of Shantel E. in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Attachments: # 1 Exhibit Exhibits A and B)(Rosenberg, Scott) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
43

REPLY AFFIDAVIT of Phyllis F. in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Rosenberg, Scott) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
44

REPLY AFFIDAVIT of Keisha C. in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Rosenberg, Scott) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
45

REPLY AFFIDAVIT of Ruben R. in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Rosenberg, Scott) (Entered: 12/12/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER
46

REPLY AFFIDAVIT of Richard Blum in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Attachments: # 1 Exhibit)(Rosenberg, Scott) (Entered: 12/13/2005)

Dec. 12, 2005

Dec. 12, 2005

PACER

MEMORANDUM TO THE DOCKET CLERK: Hearing begun on 12/13/05 - provision of 11/11/05 stipulation extended on consent through 2/28/06. Plaintiff's reply papers due 12/22/05 and PI hearing scheduled for 1/27/06 at 9:30 a.m.. (sac, )

Dec. 13, 2005

Dec. 13, 2005

PACER

Minute Entry for proceedings held before Judge Andrew J. Peck : Status Telephone Conference held on 12/20/2005. (sac, )

Dec. 20, 2005

Dec. 20, 2005

PACER
47

TRANSCRIPT of proceedings held on 12/13/05 before Judge Laura Taylor Swain. (lma, ) (Entered: 12/21/2005)

Dec. 21, 2005

Dec. 21, 2005

PACER
48

ENDORSED LETTER addressed to Judge Laura T. Swain from Richard Blum dated 12/20/05 re: a request for an adjournment to 1/6/2006 to submit plaintiff's reply papers. ENDORSEMENT: The request is granted. (Signed by Judge Laura Taylor Swain on 12/21/05) (kco, ) (Entered: 12/22/2005)

Dec. 21, 2005

Dec. 21, 2005

PACER
49

TRANSCRIPT of proceedings held on 12/20/05 before Judge Andrew J. Peck. (es, ) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

PACER
50

REPLY MEMORANDUM OF LAW in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Rosenberg, Scott) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

PACER
51

ORDER that the Preliminary Injunction Hearing set for 1/27/06 at 9:30 am is moved to 2/1/06, at 9:30 am. (Signed by Judge Laura Taylor Swain on 1/6/06) (cd, ) (Entered: 01/09/2006)

Jan. 9, 2006

Jan. 9, 2006

PACER

Set Deadlines/Hearings: Replies due by 1/30/2007. (js)

Jan. 18, 2006

Jan. 18, 2006

PACER
52

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Kathleen M. Kelleher dated 1/27/06 re: granting the parties joint requests that they be allowed instead to present argument on the motions based on the papers that will have been submitted to the Court on these motions; additional relief granted as set forth in this Order. (Signed by Judge Laura Taylor Swain on 1/27/06) (pl, ) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
53

REPLY AFFIDAVIT of Richard Faust (corrected typo 1/23/06) in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Kelleher, Kathleen) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
54

REPLY AFFIDAVIT of Amalia D. (signed Dec. 15, 2005) in Support re: 5 FIRST MOTION to Certify Class.. Document filed by Lovely H., Gloria Q., Michele N.. (Kelleher, Kathleen) (Entered: 01/30/2006)

Jan. 30, 2006

Jan. 30, 2006

PACER
55

ORDER PERMITTING PLAINTIFFS TO FILE EXHIBITS TO BLUM DECLARATION IN HARD COPY, the reply declaration of Richard Blum is to be fld electronically, wihtout the exhibits thereto and the exhibits in hard copy with the Clerk of the Court. (Signed by Judge Laura Taylor Swain on 2/1/06) (cd, ) (Entered: 02/01/2006)

Feb. 1, 2006

Feb. 1, 2006

PACER

Minute Entry for proceedings held before Judge Laura Taylor Swain : Oral Argument held on 2/1/2006 (pl, )

Feb. 1, 2006

Feb. 1, 2006

PACER
56

LETTER addressed to Judge Laura Taylor Swain from Martha A. Calhoun dated 2/2/06 re: dfts. write to advise the court that dfts will agree to the extension of the current Stipulation barring the involuntary transfer of public assistance cases to WeCare job Centers thru 3/31/06 as the Court has requested.. Document filed by Verna Eggleston.(pl, ) (Entered: 02/08/2006)

Feb. 2, 2006

Feb. 2, 2006

PACER
57

ORDER that the clerk is directed to docket and enter the letters from parties. (January 30, 2006 letter from Martha Calhoun to court; January 31, 2006 letter from Richard Blum to court). (Signed by Judge Laura Taylor Swain on 2/14/06) (dle, ) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

PACER
58

TRANSCRIPT of proceedings held on 2/2/2006 before Judge Laura Taylor Swain. (jar, ) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

PACER
59

TRANSCRIPT of proceedings held on 2/2/2006 before Judge Laura Taylor Swain. (jar, ) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

PACER
60

LETTER addressed to Judge Laura Taylor Swain from Martha A. Colhound dated 3/27/06 re: dfts requests that a decision be rendered on or before 4/21/06. Document filed by Verna Eggleston.(pl, ) (Entered: 04/05/2006)

March 27, 2006

March 27, 2006

PACER
61

LETTER addressed to Hon. Laura Taylor Swain from Kathleen M.Kelleher dated 4/18/06 re: Client Declarations filed in support of plaintiffs' motions for a preliminary injunction and for class certification. Document filed by Lovely H., Gloria Q., Michele N..(rag, ) (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

PACER
62

OPINION AND ORDER 93026 the Court hereby certifies a main class of plaintiffs consisting of receipients of public assistance, food stamps and/or Medicaid who have received or will receive a notice from the New York City Human Resources Administration involuntarily tranferring their case to one of three hub centers in Manhattan, the Bronx or Brooklyn in connection with the WeCARE program. The plaintiff's motion for a preliminary injunction is hereby granted to the extent that defendant is hereby prohibited form reassigning class members' (and their associated persons') cases to the hub centers involuntarily. So Ordered. (Signed by Judge Laura Taylor Swain on 4/19/06) (jco, ) Modified on 4/20/2006 (ew, ). (Entered: 04/20/2006)

April 19, 2006

April 19, 2006

Clearinghouse
63

ORDER SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Pretrial Conference set for 5/4/2006 at 12:00 PM before Magistrate Judge Andrew J. Peck. (Signed by Judge Andrew J. Peck on 4/25/06) (sac, ) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

PACER
64

ORDER; amending cover sheet of 4/19/06 Opinion and Order. (Signed by Judge Laura Taylor Swain on 4/25/06) (pl, ) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

PACER
65

ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: Pretrial Conference set for 5/4/2006 12:00 PM before Magistrate Judge Andrew J. Peck. In Courtroom 20D. (Signed by Judge Andrew J. Peck on 4/25/06) (js, ) (Entered: 04/26/2006)

April 25, 2006

April 25, 2006

PACER

Minute Entry for proceedings held before Judge Andrew J. Peck : Status Conference held on 5/4/2006; next status conf set for 6/8 at 9:30 am; position letters 2 days before. (cd, )

May 4, 2006

May 4, 2006

PACER
66

ORDER; that the provisions of the Court's 4/19/06, Order that are stated herein r are suspended pending the implementation of HRA's plan to close the WeCare hub centers and reassign WeCare designees to their respective neighborhood centers. Additional relief are as set forth in this Order. (Signed by Judge Laura Taylor Swain on 5/18/06) (pl, ) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

Clearinghouse
67

TRANSCRIPT of proceedings held on 5/4/06 before Judge Andrew J. Peck. (tro, ) (Entered: 05/22/2006)

May 22, 2006

May 22, 2006

PACER
68

LETTER addressed to Judge Laura Taylor Swain from Martha A. Colhoun dated 5/3/06 re: closing of WeCare Job Centers. Document filed by Verna Eggleston.(pl, ) (Entered: 05/24/2006)

May 23, 2006

May 23, 2006

PACER
69

LETTER addressed to Judge Laura Taylor Swain from Kathleen M. Kelleher dated 5/5/06 re: response to letter dated 5/3/06, from the City Dft's announcing its intention to close the WeCare hub centers.. Document filed by Lovely H., Gloria Q., Michele N.(pl, ) (Entered: 05/24/2006)

May 23, 2006

May 23, 2006

PACER
70

LETTER addressed to Judge Laura Taylor Swain from Martha A. Calohoun dated 5/11/06 re: response from counsel for plaintiff dated 5/5/06. Document filed by Verna Eggleston.(pl, ) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

PACER

Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck : Status Conference held on 6/8/2006. City will provide to plaintiffs' counsel by 6/23: case number, closing (or sanctions) code, person's name, address and telephone number. City and Plaintiffs to agree on codes that do not need follow-up. Plaintiffs'counsel to contact clients to gather infor re: what happenened thru 7/14. City to bring HRA substantive and/or computer person to future conferences. Status Conference set for 7/14/2006 09:30 AM before Magistrate Judge Andrew J. Peck - position letters 2 days before. (jar, ) Modified on 6/13/2006 (jar, ).

June 8, 2006

June 8, 2006

PACER
71

TRANSCRIPT of proceedings held on 6/8/2006 before Judge Andrew J. Peck. (aba, ) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER

Minute Entry for proceedings held before Judge Andrew J. Peck : Status Conference held on 7/14/2006. Next status conference set for 8/2/06 at 9:30 a.m. - position letters by 7/26/06. Discovery cutoff by 8/31/06. (db, )

July 14, 2006

July 14, 2006

PACER
72

AFFIDAVIT OF SERVICE of Memo Endorsement Order Dated July 31, 2006, Signed by Judge Laura Taylor Swain served on Defendant on July 31, 2006. Document filed by Lovely H., Gloria Q., Michele N.. (Kelleher, Kathleen) (Entered: 07/31/2006)

July 31, 2006

July 31, 2006

PACER
73

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Kathleen M. Kelleher dated 7/28/2006 re: Additionally, I write on behalf of the parties to request the following briefing schedule: plaintiffs will serve the motion to amend the complaint on or before August 4, 2006; defendant will file responsive papers in opposition on or before September 8, 2006; and plaintiffs will serve reply papers on or before September 22, 2006. Motions due by 8/4/2006. Responses due by 9/8/2006 Replies due by 9/22/2006. ENDORSEMENT: The request is granted and the proposed schedule is approved. So Ordered. (Signed by Judge Laura Taylor Swain on 7/31/2006) (jmi, ) (Entered: 08/01/2006)

July 31, 2006

July 31, 2006

PACER

Minute Entry for proceedings held before Judge Andrew J. Peck : Status Conference held on 8/2/2006. Def. to produce computer runs discussed at conf. by 8/8. Also to produce "We Care" docs on rolling basis, for completion by 8/14. Parties to cooperate to schedule depos or use ints. Next status conf. scheduled for 8/16 at 9:30 a.m. (jco, )

Aug. 2, 2006

Aug. 2, 2006

PACER
74

TRANSCRIPT of proceedings held on 7/14/06 before Judge Andrew J. Peck. (tro, ) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

PACER
75

MOTION to Amend/Correct Class Action Complaint. Document filed by Lovely H., Gloria Q., Michele N.. Return Date set for 9/29/2006 10:00 AM. (Stephens, Kenneth) (Entered: 08/05/2006)

Aug. 5, 2006

Aug. 5, 2006

PACER
76

FIRST MOTION to Amend/Correct Class Action Complaint. Document filed by Lovely H., Gloria Q., Michele N.. Return Date set for 9/29/2006 10:00 AM. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9)(Stephens, Kenneth) (Entered: 08/05/2006)

Aug. 5, 2006

Aug. 5, 2006

PACER
77

TRANSCRIPT of proceedings held on 8/2/2006 before Magistrate Judge Andrew J. Peck. (jmi, ) Modified on 8/31/2006 (rag, ). (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

PACER

Minute Entry for proceedings held before Judge Andrew J. Peck : Discovery Conference held on 8/16/2006. Papers to LTS 9/22 plntf, def opp 10/6, reply 10/13. Parties to contact if discovery disputes. (cd, )

Aug. 16, 2006

Aug. 16, 2006

PACER
78

TRANSCRIPT of proceedings held on 8/2/06 before Judge Andrew J. Peck. (tro, ) (Entered: 08/23/2006)

Aug. 23, 2006

Aug. 23, 2006

PACER
79

TRANSCRIPT of proceedings held on 8/16/2006 before Judge Andrew J. Peck. (jmi, ) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

PACER
80

CERTIFICATE OF SERVICE of order of Judge Swain memo-endorsing defendants' request for an extension served on plaintiffs on Sept. 8, 2006 by fax and email. Document filed by Verna Eggleston. (Sweet, Emily) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

PACER
81

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Emily Sweet dated 9/6/2006 re: requesting a 2-week extension of time to respond to plaintiff's motion to amend the complaint. ENDORSEMENT: The request is granted. So Ordered. (Signed by Judge Laura Taylor Swain on 9/7/2006) (lb, ) (Entered: 09/11/2006)

Sept. 8, 2006

Sept. 8, 2006

PACER

Set/Reset Deadlines: Responses due by 9/22/2006. Replies due by 10/6/2006. (lb, )

Sept. 8, 2006

Sept. 8, 2006

PACER

CASE NO LONGER REFERRED to Magistrate Judge Andrew J. Peck. Reason: Discovery closed summary judgment motion due 9/22/06. (rag, )

Sept. 11, 2006

Sept. 11, 2006

PACER
82

ENDORSED LETTER addressed to Judge Swain from Kathleen Kelleher dated 9/20/06: granting joint request that deft be permitted to respond to plntf's motion to amend the complaint on or before 9/29/06, with plntf's reply due on 10/13/06; granting joint request for the parties tofile file briefs to the remedy on the preliminary injunction entered on 4/19/06; plntfs' are permitted a 3 week extension to 10/13/06, with deft filing responsive papers onor before 10/27/06 and plntfs' reply on or before 11/3/06. (Signed by Judge Gerard E. Lynch, Part I on 9/21/06) (cd, ) (Entered: 09/22/2006)

Sept. 22, 2006

Sept. 22, 2006

PACER

Case Details

State / Territory: New York

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 3, 2005

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of disabled persons who received public assistance, Medicaid and Foods Stamp benefits from the New York Human Resources Administration and where involuntarily transferred to hubs disabled person-only hubs from local hubs to receive their services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York Human Resources Administration, City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

State law

Constitutional Clause(s):

Due Process

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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $6,500,000

Content of Injunction:

Reasonable Accommodation

Monitoring

Training

Preliminary relief request withdrawn/mooted

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Buildings

Classification / placement

Disparate Impact

Disparate Treatment

Government services

Reasonable Accommodations

Reasonable Modifications

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Hearing impairment

Integrated setting

Mental impairment

Mobility impairment

Visual impairment

Mental Disability:

Brain injury

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Learning disability

Mental Illness, Unspecified

Multiple sclerosis

Schizophrenia

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Medical care, unspecified

Type of Facility:

Government-run

Benefit Source:

Medicaid