Case: Blatch v. Franco

1:97-cv-03918 | U.S. District Court for the Southern District of New York

Filed Date: May 29, 1997

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On May 29, 1997, mentally disabled tenants of the New York City Housing Authority ("Housing Authority") who have been subjected to eviction proceedings filed a lawsuit, on behalf of themselves and those similarly situated, in the U.S. District Court for the Southern District of New York against the Housing Authority alleging violation of Due Process Clause and 42 U.S.C. § 1983; the Americans with Disabilities Act, 42 U.S.C. § 12131, Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and th…

On May 29, 1997, mentally disabled tenants of the New York City Housing Authority ("Housing Authority") who have been subjected to eviction proceedings filed a lawsuit, on behalf of themselves and those similarly situated, in the U.S. District Court for the Southern District of New York against the Housing Authority alleging violation of Due Process Clause and 42 U.S.C. § 1983; the Americans with Disabilities Act, 42 U.S.C. § 12131, Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and the Fair Housing Amendments Act, 42 U.S.C. § 3604.

The plaintiffs, represented by the Legal Aid Society of New York, asked the court for both declaratory and injunctive relief and attorney's fees. The complaint alleged that the Housing Authority discriminated against the plaintiffs by (1) failing to ensure that mentally disabled tenants where represented in eviction actions by those who were familiar with both Housing Authority actions and the rights of the mentally disabled, (2) failing to inform Housing Court that tenants they were suing for non-payment of rent in that court were potentially mentally disabled, and (3) arbitrarily terminating some of the plaintiffs' tenancies.

On December 1, 1999, after two years of litigation and the addition of three third-party plaintiff interveners, the District Court (Judge Denny Chin) certified the class.

After eight years of discovery and litigation and both sides' motion for summary judgment, on March 30, 2005 the District Court (Judge Laura Taylor Swain) ruled that: [1] occupants who do not have tenant interests in their homes do not have a property interest protected by the 14th Amendment; [2] the Housing Authority's policies violate the Due Process Clause of the 14th Amendment by failing to provide mentally disabled tenants that cannot meaningfully represent themselves with some form of meaningful representation in eviction hearings and failing to notify Housing Court of potentially mentally disabled; [3] the Housing Authority may have violated the ADA and Section 504 of the Rehabilitation Act by failing to take sufficient actions to inform persons who were potentially mentally disabled of their rights to reasonable accommodations in the course of the eviction proceedings and the non-payment proceedings in Housing Court, but the court does not resolve this issue; [4] the Housing Authority and plaintiffs should negotiate the terms of an effective injunction that will ensure adequate detection of mentally disabled tenants who are incapable of representing themselves and the provision of representation for those tenants both in eviction proceedings and proceedings for non-payment of rent in Housing Court; [5] Section 504 of the Rehabilitation Act and the ADA do not require provision of professional representative services as they are individualized accommodations that are not provided for by the statutes and thus the plaintiffs were not entitled to representation under either statute; [6] the claims of arbitrary rulings are dismissed for lack of subject matter jurisdiction. Blatch v. Franco, 360 F.Supp.2d 595 (S.D.N.Y. 2005).

After three years of negotiation, on November 3, 2008 Judge Swain approved a settlement agreement which included a permanent injunction that required the appointment of legal guardians for mentally incompetent tenants facing eviction, the creation of a family grievance process, the communication of information about mental disability to the Housing Court, adoption of certain procedures by New York City Housing Authority to test for a tenant's mental competency, and process whereby the plaintiffs' counsel monitors the Housing Authority's compliance with the agreement. 2008 WL 4826178.

On March 11, 2009, Judge Swain approved $575,000 in attorneys fees for plaintiff's class counsel.

On November 7, 2012, Judge Swain approved an amendment to the settlement agreement that extended the injunction until November 7, 2014 due to the plaintiffs' allegations that the defendants failed to follow the settlement agreement through the defendants' failing to inform the Housing Court of potentially mentally incompetent tenants in cases the defendants brought in that court for non-payment of rent.

On October 22, 2013, the parties agreed that the defendant would pay plaintiff counsel $35,000 for monitoring the defendants' compliance with the injunction. On October 14, 2016, the parties amended the stipulation and settlement and defendants agreed to another 18 months of monitoring.

That 18 months has since passed and there is no indication that the parties have stipulated to any further extension. The case is presumably closed.

Summary Authors

Brian Kempfer (1/19/2014)

Andrew Plague (11/8/2017)

Chris Pollack (3/19/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4328289/parties/blatch-v-franco/


Judge(s)

Pitman, Henry B. (New York)

Swain, Laura Taylor (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Benjamina, Elizabeth Ryden (New York)

Desir, Robert (New York)

Goldiner, Judith (New York)

Holder, Adriene L. (New York)

James, Seymour W. Jr. (New York)

Newman, Lucy (New York)

Rosenberg, Scott Alan (New York)

Judge(s)

Pitman, Henry B. (New York)

Swain, Laura Taylor (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Benjamina, Elizabeth Ryden (New York)

Desir, Robert (New York)

Goldiner, Judith (New York)

Holder, Adriene L. (New York)

James, Seymour W. Jr. (New York)

Newman, Lucy (New York)

Rosenberg, Scott Alan (New York)

Sbrana, Lisa (New York)

Tabak, Ronald J. (New York)

Attorneys(s) for Defendant

Farber, David (New York)

Frangiose, Mario (New York)

MacNeal, Kelly D. (New York)

Morales, Ricardo Elias (New York)

Murphy, Donna M. (District of Columbia)

Pannell, Joan Rowena (New York)

Pelikow, Alan (New York)

Rappaport, Stephen Jay (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 14, 2016 Docket
88

Opinion and Order on Motions for Summary Judgment

360 F.Supp.2d 595

March 30, 2005 Order/Opinion
99

Stipulation and Order of Settlement

Aug. 1, 2008 Order/Opinion
98

Memorandum Opinion and Order [Approving Settlement]

Oct. 10, 2008 Order/Opinion
100

Amended Memorandum Opinion and Order [Approving Settlement]

Nov. 3, 2008 Order/Opinion
101

Final Judgment

Dec. 15, 2008 Order/Opinion
106

Stipulation and Order for Settlement of Attorneys' Fees, Costs and Disbursements

March 11, 2009 Order/Opinion
114

Amendment to Stipulation and Order of Settlement

Oct. 12, 2012 Order/Opinion
119

Second Amendment to Stipulation and Order of Settlement

Blatch v. Hernandez

Oct. 14, 2016 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4328289/blatch-v-franco/

Last updated May 20, 2022, 3:17 a.m.

ECF Number Description Date Link
94

ORDER PURSUANT TO RULE 23(e): It is hereby stipulated and agreed that by and between the plaintiffs and the Housing Authority that; (1) the Housing Authority shall give notice of the terms of the proposed settlement to the plaintiff class by placing a notice, attached as Exhibit B, on the Housing Authority website on or before 8/15/08 and in the Housing Authority Journal on or before 9/5/08 and, on or before 8/20/08, by sending a copy of the notice to every Housing Authority tenant who has a termination of tenancy proceeding or a remaining family member grievance currently pending. The Court will hold a hearing to consider the fairness and adequacy of the proposed settlement on 9/23/08 at 11am in Courtroom 17 C of the U.S. Courthouse at 500 Pearl Street, New York, NY 10007. Person who wish to present comments or objections to the settlement should do so in writing with an indication that the comments relate to Blatch v. Hernandez. Any written comments must be mailed so as to be received by 9/12/08. On or before 9/16/08, the parties will submit to the Court their responses to the comments received and their submissions in support of the fairness and adequacy of the settlement. Any class member who wishes to make an oral settlement regarding the fairness and adequacy of the settlement may appear in Court at the date and time of the fairness hearing and ask to be heard. (Signed by Judge Richard J. Sullivan on 8/11/08)- Part I (tro) (Entered: 08/11/2008)

Aug. 11, 2008 RECAP
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ -IFP- (sac) (Entered: 05/30/1997)

May 29, 1997

Magistrate Judge Pitman is so Designated. (sac) (Entered: 05/30/1997)

May 29, 1997
95

CERTIFICATE OF SERVICE of Rule 23(e) Order served on Judith Goldiner and Robert Desir on 8/12/08. Service was made by facsimile. Document filed by The New York City Housing Authority. (dle) (Entered: 08/15/2008)

Aug. 14, 2008 PACER
2

COPY OF ORIGINAL ORDER, to proceed in forma pauperis (signed by Part 1 Judge Miriam G. Cedarbaum ); Copies mailed(sac) Modified on 05/30/1997 (Entered: 05/30/1997)

May 29, 1997
96

LETTER addressed to Judge Laura Taylor Swain from Steven J. Rappaport dated 9/15/08 re: that pursuant to Rule 23(e)(1)(C) of the Federal Rules of Civil Procedure to ask that the Court approve the Stipulation of settlement of this entitled case submitted to the court on 8/1/08. (pl) (Entered: 09/29/2008)

Sept. 26, 2008 PACER
97

LETTER addressed to Judge Laura Taylor Swain from Judith A. Goldiner dated 9/16/08 re: that pursuant to Rule 23(e)(1)(C) of the Federal Rules of Civil Procedure to respectfully requests that this Court approve the Stipulation of settlement.(pl) (Entered: 09/29/2008)

Sept. 26, 2008 PACER
3

Ex Parte Order filed pursuant to 28 U.S.C. S 1915 permitting plaintiffs to proceed in forma pauperis, w/out payment of fees or costs or giving security for them. ( signed by Judge Miriam G. Cedarbaum Part I ) (ae) (Entered: 06/02/1997)

May 29, 1997
98

MEMORANDUM OPINION AND ORDER #96639: For the reasons set forth in this order, the court approves the stipulation of settlement insofar as it resolves the class claims. (Signed by Judge Laura Taylor Swain on 10/10/08) (mme) Modified on 10/14/2008 (mro). (Entered: 10/10/2008)

Oct. 10, 2008 RECAP
4

RETURN OF SERVICE of summons and complaint executed as to The New York City by upon (Jeffrey Schanback, Esq., defendant on 5/29/97. Answer due on 6/18/97 for The New York City (djc) (Entered: 06/03/1997)

May 29, 1997
5

NOTICE of attorney appearance for Kenneth Blatch by Ronald J. Tabak (djc) (Entered: 06/11/1997)

June 10, 1997
99

STIPULATION AND ORDER OF SETTLEMENT, this action is discontinued with prejudice, except that (1) plaintiffs withdraw without prejudice their third cause of action insofar as it is unresolved by Judge Swain's decision with respect to summary judgment and by this Stipulation and (2) the Court retains jurisdiction to enforce the obligations created under this Stipulation. (Signed by Judge Laura Taylor Swain on 10/10/08) (cd) (Entered: 10/14/2008)

Oct. 10, 2008 RECAP
100

AMENDED MEMORANDUM OPINION AND ORDER #96659: After careful review and consideration of the submissions and statements on the record and in light of the negotiation leading to and substantive terms of the settlement, the Court finds that the settlement is fair, reasonable and adequate. The settlement provides the class with very substantial and significant relief with respect to the core due process claims, including permanent injunctive relief and a role in the monitoring and implementation of new procedures over the next four years. The settlement also provides Plaintiffs with the opportunity to litigate the unresolved claims under the disability statutes. Thus, the Court APPROVES the Stipulation of Settlement insofar as it resolves the class claims. (Signed by Judge Laura Taylor Swain on 11/3/08) (tro) Modified on 11/5/2008 (mro). (Entered: 11/05/2008)

Nov. 3, 2008 RECAP
6

STIPULATION and ORDER, reset answer due for 7/14/97 for The New York City, for Stuart G. Laurence, and for Ruben Franco ; until disposition of this proceeding, defendants will mark off calendar, within two business days of the signing of this stipulation, the holdover proceeding in NY County Housing Court against plaintiffs, so long as plaintiffs remain current in payment of use and occupancy and otherwise abide by tenant rules and regulations; nothing herein shall be deemed an agreement to a judicial stay; NYC Housing Authority may treat plaintiffs as tenants for all purposes without prejudice ( signed by Judge Denny Chin ) (kw) (Entered: 06/27/1997)

June 25, 1997
120

Sealed Document Attorney Notice to Retrieve

Oct. 30, 2019 PACER
7

ANSWER to Complaint by The New York City (Attorney Joan Rowena Pannell) (ae) (Entered: 07/16/1997)

July 14, 1997
8

Filed Memo-Endorsement on letter by Elisabeth Benjamin to Judge Chin dated 1/14/98, approving plaintiffs' request for an extension of time to intervene the Proposed Plaintiff- Intervenors in this action until 2/17/98 ( signed by Judge Denny Chin ) (ae) (Entered: 01/20/1998)

Jan. 16, 1998
121

Sealed Document Attorney Notice to Retrieve

Oct. 30, 2019 PACER
122

Sealed Document Disposed

Dec. 2, 2019 PACER
9

NOTICE OF MOTION by proposed plaintiff-intervenors Julia Gottlieb, Erica Mortimor and Flora Cruz; for an order, pursuant to Rule 24(b) of the FRCP, permitting Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action ; for an order, pursuant to Rule 17(c) of the FRCP, appointing Karla Sanchez as Ms. Gottlieb's Guardian Ad Litem for the purposes of this action ; for an order, pursuant to Rule 15(a) of the FRCP, permitting the service and filing of the Proposed Intervenor Complaint as an amended complaint , Return date 3/10/98; with Declaration in support attached. (ae) (Entered: 02/20/1998)

Feb. 17, 1998
10

MEMORANDUM OF LAW by Julia Gottlieb, Erica Mortimor, Flora Cruz in support of [9-1] motion for an order, pursuant to Rule of the FRCP, permitting Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action; [9-2] motion for an order, pursuant to Rule 17(c) of the FRCP, appointing Karla Sanchez as Ms. Gottlieb's Guardian Ad for the purposes of this action; [9-3] motion for an order, pursuant to Rule 15(a) of the FRCP, permitting the service and filing of the Proposed Intervenor Complaint as an amended complaint (ae) (Entered: 02/20/1998)

Feb. 17, 1998
123

Sealed Document Disposed

Dec. 2, 2019 PACER
11

Filed Memo-Endorsement on letter by Joan Pannell to Judge Chin dated 3/5/98, approving defendants' request permitting them until 3/10/98, to serve and file any opposing papers to plaintiffs' motion and any reply papers by plaintiffs due by 3/18/98 ( signed by Judge Denny Chin ) (ae) (Entered: 03/11/1998)

March 10, 1998
12

Filed Memo Endorsement on letter to Judge Chin from Elisabeth Benjamin, dated 3/3/98, reset discovery due for 5/1/98 ( signed by Judge Denny Chin ) (cd) (Entered: 03/11/1998)

March 10, 1998
13

MEMORANDUM OF POINTS AND AUTHORITIES by Ruben Franco, Stuart G. Laurence, The New York City in opposition to [9-1] motion for an order, pursuant to Rule 24(b) of the FRCP, permitting Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action; [9-2] motion for an order, pursuant to Rule 17(c) the FRCP, appointing Karla Sanchez as Ms. Gottlieb's Guardian Ad Litem for the purposes of this action; [9-3] motion for an order, pursuant to Rule 15(a) of the FRCP, permitting the service and filing of the Proposed Complaint as an amended complaint (filed in the night deposit on 3/10/98 at 5:21 p.m.) (ae) (Entered: 03/12/1998)

March 10, 1998
14

DECLARATION of Joan Pannell by Ruben Franco, Stuart G. Laurence, The New York City in opposition to [9-1] motion for an order, pursuant to Rule 24(b) of the FRCP, permitting Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action; [9-2] motion for an order, pursuant to Rule 17(c) of the FRCP, appointing Karla as Ms. Gottlieb's Guardian Ad Litem for the purposes of this action; [9-3] motion for an order, pursuant to Rule 15(a) of the FRCP, permitting the service and filing of the Proposed Intervenor Complaint as an amended complaint (filed in the night deposit on 3/10/98 at 5:21 p.m.) (ae) (Entered: 03/12/1998)

March 10, 1998
15

DECLARATION of Alan Pelikow by Ruben Franco, Stuart G. Laurence, The New York City in opposition to [9-1] motion for an order, pursuant to Rule 24(b) of the FRCP, permitting Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action; [9-2] motion for an order, pursuant to Rule 17(c) of the FRCP, appointing Karla Sanchez as Ms. Gottlieb's Guardian Ad Litem for the purposes of this action; [9-3] motion for an order, pursuant to Rule 15(a) of the FRCP, permitting the service and filing of the Proposed Intervenor Complaint as an amended complaint (filed in the night deposit on 3/10/98 at 5:21 p.m.) (ae) (Entered: 03/12/1998)

March 10, 1998
16

AFFIDAVIT in opposition of Dennis J. Ng by Ruben Franco, Stuart G. Laurence, The New York City Re: [9-1] motion for an order, pursuant to Rule 24(b) of the FRCP, permitting Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action; [9-2] motion for an order, pursuant to Rule 17(c) of the FRCP, appointing Karla Sanchez as Ms. Gottlieb's Guardian Ad Litem for the purposes of this action; [9-3] motion for an order, pursuant to Rule 15(a) of the FRCP, permitting the service and filing of the Proposed Intervenor Complaint as an amended complaint (filed in the night deposit on 3/10/98 at 5:21 p.m.) (ae) (Entered: 03/12/1998)

March 10, 1998
18

AFFIDAVIT in opposition of Todd Hyman by Ruben Franco, Stuart G. Laurence, The New York City Re: [9-1] motion for an order, pursuant to Rule 24(b) of the FRCP, permitting Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action; [9-2] motion for an order, pursuant to Rule 17(c) of the FRCP, appointing Karla Sanchez as Ms. Gottlieb's Guardian Ad Litem for the purposes of this action, [9-3] motion for an order, pursuant to Rule 15(a) of the FRCP, permitting the service and filing of the Proposed Intervenor Complaint as an amended complaint (filed in the night deposit on 3/10/98 at 5:21 p.m.) (ae) (Entered: 03/12/1998)

March 10, 1998
19

AFFIDAVIT in opposition of Evelyn Witt by Ruben Franco, Stuart G. Laurence, The New York City Re: [9-1] motion for an order, pursuant to Rule 24(b) of the FRCP, permitting Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action; [9-2] motion for an order, pursuant to Rule 17(c) of the FRCP, appointing Karla Sanchez as Ms. Gottlieb's Guardian Ad Litem for the purposes of this action; [9-3] motion for an order, pursuant to Rule 15(a) of the FRCP, permitting the service and filing of the Proposed Intervenor Complaint as an amended complaint (filed in the night deposit on 3/10/98 at 5:21 p.m.) (ae) (Entered: 03/12/1998)

March 10, 1998
20

MEMORANDUM by The New York City in opposition to [9-1] motion for an order, pursuant to Rule 24(b) of the FRCP, permitting Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action (cd) (Entered: 03/20/1998)

March 17, 1998
21

DECLARATION, of Alan Pelikow in opposition by The New York City [9-1] motion for an order, pursuant to Rule 24(b) of the FRCP, Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action (cd) (Entered: 03/20/1998)

March 17, 1998
22

REPLY MEMORANDUM by Kelvin Blatch, Kenneth Blatch re: in support of [9-1] motion for an order, pursuant to Rule 24(b) of the FRCP, permitting Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action, [9-2] motion for an order, pursuant to Rule 17(c) of the FRCP, appointing Karla Sanchez as Ms. Gottlieb's Guardian Ad Litem for the purposes of this action, [9-3] motion for an order, pursuant to Rule 15(a) of the FRCP, permitting the service and filing of the Proposed Intervenor Complaint as an amended complaint (sac) (Entered: 03/20/1998)

March 18, 1998
23

SUPPLEMENTAL DECLARATION of Elisabeth R. Benjamin in support by Kelvin Blatch, Kenneth Blatch [9-1] motion for an order, pursuant to Rule 24(b) of the FRCP, permitting Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action, [9-2] motion for an order, pursuant to Rule 17(c) of the FRCP, appointing Karla Sanchez as Ms. Gottlieb's Guardian Ad Litem for the purposes of this action, [9-3] motion for an order, pursuant to Rule 15(a) of the FRCP, permitting the service and filing of the Proposed Intervenor Complaint as an amended complaint (sac) (Entered: 03/20/1998)

March 18, 1998
24

Filed Memo-Endorsement on letter by Joan Pannell to Judge Chin dated 3/17/98, granting defendants' request for permission to serve and file a corrected copy of their Memorandum in opposition to the motion for intervention et al. scheduled for submission on 3/18/98 ( signed by Judge Denny Chin ) (ae) (Entered: 04/02/1998)

April 1, 1998
25

Filed Memo-Endorsement on letter addressed to Judge Chin from Joan Pannell, dated 3/10/98; counsel writes to inform the Court that, by clerical error, a page is missing from the papers defts served and filed on 3/10/98 in opposition to pltffs' motion for intervention. Counsel requests that the missing page be deemed incorporated in Exhibit C of the copy of the Declaration of Alan Pelikow served on 3/10/98 and that they be permitted to file prior to 3/18/98 a complete Pelikow affidavit. So ordered ( signed by Judge Denny Chin ) (emil) (Entered: 04/02/1998)

April 1, 1998

26 Filed Memo-Endorsement on letter to Judge Chin from Elisabeth Benjamin dated 4/14/98; reset pretrial conference for 10:30 a.m. on 7/10/98 ; ( signed by Judge Denny Chin ) (ls) Modified on 04/28/1998 (Entered: 04/27/1998)

Memo endorsed on motion, docmt #9; granting (in all respects per Memorandum Decision dated 05/22/98), [9-1] motion for an order, pursuant to Rule 24(b) of the FRCP, permitting Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action, granting [9-2] motion for an order, pursuant to Rule 17(c) of the FRCP, appointing Karla Sanchez as Ms. Gottlieb's Guardian Ad Litem for the of this action, granting [9-3] motion for an order, to Rule 15(a) of the FRCP, permitting the service and of the Proposed Intervenor Complaint as an amended complaint ( signed by Judge Denny Chin ); Copies mailed. (djc) Modified on 05/28/1998 (Entered: 05/27/1998)

27 MEMORANDUM DECISION/ORDER, proposed plaintiffs-intervenors' motion to intervene is granted; the named plaintiffs' motion to amend the complaint to add the claims of proposed plaintiffs-intervenors is granted; the motion to appoint Karla Sanchez as Gottlieb's guardian ad litem is also granted ( signed by Judge Denny Chin ); Copies mailed (kw) (Entered: 05/28/1998)

28 AMENDED COMPLAINT by Kelvin Blatch, Kenneth Blatch, Julia Gottlieb, Erica Mortimor, Flora Cruz (Answer due 6/18/98 for The New York City, for Stuart G. Laurence, for Ruben Franco) amending [1-1] complaint; Summons issued. (sac) (Entered: 06/08/1998)

29 Filed Memo-Endorsement on letter to Judge Chin from Elisabeth Benjamin dated 06/05/98, status conference for 7/10/98 ; reset answer to amended complaint due for 7/20/98 for The New York City, for Stuart G. Laurence, for Ruben Franco ; the parties' current moratorium on discovery is extended through 07/20/98 (signed by Judge Denny Chin) (djc) (Entered: 06/12/1998)

30 ORDER, pursuant to this Court's Memorandum Decision, dated 5/22/98, it is ordered that Karla Sanchez, an attorney associated with the law firm of Paterson, Belknap, Webb & Tyler LLP, is hereby appointed as Guardian Ad Litem for Plaintiff Julia Gottlieb ( signed by Judge Denny Chin ); Copies mailed (ae) (Entered: 06/12/1998)

31 NOTICE OF MOTION to intervene, amend, certify a class and appoint Guardians Ad Litem by Peggy O'Neill Morton, Natalie Jenkins, Mark Bryer, Louise Smalls, Luis Baldomero Perez , Return date 8/5/98 (cd) (Entered: 07/13/1998)

32 MEMORANDUM by Peggy O'Neill Morton, Natalie Jenkins, Mark Bryer, Louise Smalls, Luis Baldomero Perez in support of [31-1] motion to intervene, amend, certify a class and appoint Guardians Ad Litem by Peggy O'Neill Morton, Natalie Jenkins, Mark Bryer, Louise Smalls, Luis Baldomero Perez (cd) (Entered: 07/13/1998)

Terminated document 31-1 pursuant to instructions of Judge Chin. (rag) (Entered: 02/16/1999)

33 DECLARATION, of Linda Johnson in support by Kelvin Blatch, Kenneth Blatch [31-1] motion to intervene, amend, certify a class and appoint Guardians Ad Litem by Peggy O'Neill Morton, Natalie Jenkins, Mark Bryer, Louise Smalls, Luis Baldomero Perez (cd) (Entered: 03/03/1999)

https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?460524591599012-L_1_0-1 6/18

35

MEMORANDUM by Ruben Franco, Stuart G. Laurence, The New York City in support of [34-1] cross motion to dismiss the Amended Complaint, [34-2] cross motion for summary judgment purs. to FRCP 56(b) (cd) (Entered: 05/05/1999)

May 4, 1999
36

Filed Memo-Endorsement on letter addressed to Judge Chin from Elisabeth Benjamin, dated 5/4/99; counsel for the pltffs' write to request that the Court Strike the defts' motions to dismiss and for summary judgment, or, in the alternative, they request these motions be held in abeyance until pltffs' have an opportunity to conclude discovery. The Court has received this letter as well as NYCHA's response. Pltff's request that the Court strike NYCHA's motions to dismiss & for summary judgment is DENIED, but pltffs need not respond pending further order of the Court. NYCHA's request for a stay of discovery is denied ( signed by Judge Denny Chin ) (jp) (Entered: 05/11/1999)

May 10, 1999
37

REPLY MEMORANDUM by Kelvin Blatch, Kenneth Blatch, Julia Gottlieb, Erica Mortimor, Flora Cruz, Peggy O'Neill Morton, Natalie Jenkins, Mark Bryer, Louise Smalls, Luis Baldomero Perez re: [31-1] motion to intervene, amend, certify a class and appoint Guardians Ad Litem by Peggy O'Neill Morton, Natalie Jenkins, Mark Bryer, Louise Smalls, Luis Baldomero Perez, [9-1] motion for an order, pursuant to Rule 24(b) of the FRCP, permitting Julia Gottlieb, Erica Mortimor, Flora Cruz to intervene as plaintiffs in this action, [9-2] motion for an order, pursuant to Rule 17(c) of the FRCP, appointing Karla Sanchez as Ms. Gottlieb's Guardian Ad Litem for the purposes of this action, [9-3] motion for an order, pursuant to Rule 15(a) of the FRCP, permitting the service and filing of the Proposed Intervenor Complaint as an amended complaint (ls) (Entered: 05/14/1999)

May 13, 1999
38

Filed Memo-Endorsement on letter addressed to Judge Chin from Elisabeth Benjamin, dated 9/15/99, granting plaintiff's request on behalf of all parties that Your Honor extend discovery for 60 days to 12/15/99 ; The parties would like to maintain our existing pretrial conference date of 10/15/99 at 10:00am (signed by Judge Denny Chin); Copies mailed. (ri) (Entered: 09/21/1999)

Sept. 20, 1999
40

ORDER; pltffs' motion for an order (1) permitting the proposed pltffs-intervenors to intervene in the action, (2) certifying the case as a class action, and (3) appointing guardians ad litem for the proposed pltffs-intervenors is granted in all respects ; on or before 12/22/99, pltffs shall serve and file an amended complaint, which shall include claims on behalf of the pltffs-intervenors as well as the class certified in this document. ( signed by Judge Denny Chin ); Copies mailed. (sac) Modified on 12/08/1999 (Entered: 12/06/1999)

Dec. 2, 1999
39

Transcript of record of proceedings before Judge Denny Chin for the date(s) of 10/25/99. (sl) (Entered: 12/03/1999)

Dec. 3, 1999
41

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial/after initial case management conference held by District Judge. ( signed by Judge Denny Chin ) Referred to Magistrate Judge Henry B. Pitman. (sn) (Entered: 12/28/1999)

Dec. 22, 1999
42

Memo-Endorsement on letter addressed to Mag. Judge Pitman from Elisabeth Benjamin, dated 12/2/99; reset discovery due for 2/29/00 . ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (pl) (Entered: 12/28/1999)

Dec. 27, 1999
43

ORDER, for the reasons set forth in the Court's Order dated 12/1/99, Olga Alsaa may intervene in this action as a pltff, by her Next Friend Vanessa Clark . Claims on Ms. Alsaa's behalf may be included in the amended complaint, which pltffs shall file by 1/18/00 . ( signed by Judge Denny Chin ); Copies mailed. (sn) (Entered: 01/05/2000)

Jan. 4, 2000
44

NOTICE of Change of Address for Ronald Tabak attorney for Kelvin Blatch (indicated on the system) (cd) (Entered: 01/13/2000)

Jan. 12, 2000
45

STIPULATION and PROTECTIVE ORDER, regarding the procedures that will govern the handling of "Confidential Materials" . ( signed by Magistrate Judge Henry B. Pitman ) (ri) (Entered: 01/19/2000)

Jan. 18, 2000
46

ORDER, denying [34-1] cross motion to dismiss the Amended Complaint, denying [34-2] cross motion for summary judgment purs. to FRCP 56(b), without prejudice to renewal following the completion of discovery. Before making any such renewed motion for summary judgment, however, defendants will write the Court to request a pre-motion conference. ( signed by Judge Denny Chin ); Copies mailed. (ri) (Entered: 02/03/2000)

Feb. 3, 2000
47

Memo-Endorsement on letter addressed to Magistrate Judge Pitman from Mario G. Frangiose, dated 2/24/00; counsel for the parties write to request that the deadline for completion of discovery in this matter be extended. Discovery is extended to 4/14/00. No further extensions except for good cause shown by affidavit . ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (jp) (Entered: 03/01/2000)

Feb. 29, 2000
48

ANSWER to Amended Complaint by Ruben Franco, Stuart G. Laurence, The New York City (Attorney Mario Gerald Frangiose from the Firm: Jeffrey Schanback) (ls) (Entered: 03/02/2000)

March 1, 2000
49

AMENDED CLASS ACTION COMPLAINT by Kelvin Blatch, Kenneth Blatch; (Answer due 4/3/00 for The New York City, for Stuart G. Laurence, for John G. Martinez ); amending [28-1] amended complaint; Summons issued. (pl) (Entered: 03/21/2000)

March 20, 2000
50

STIPULATION and PROTECTIVE ORDER; regarding procedures to be followed that shall govern the handling of confidential materials . ( signed by Magistrate Judge Henry B. Pitman ) (jp) (Entered: 03/24/2000)

March 23, 2000
51

ORDER, that no later than 4/24/00, all plaintiffs other than Ms. Alsaa are to provide counsel for defendants with executed releases authorizing the release of all medical records and all Social Security records ; If defendant subsequently receive any medical or Social Security records pursuant to these releases, they are to be treated as confidential documents under the terms of the Protective Order entered herein, copies shall be prompltly provided to counsel for plaintiffs ; For all plaintiffs other than Ms. Alsaa, discovery is extended for all purposes until 7/24/00 If defendants seek to take a Rule 35 examination of any plaintiff, it shall serve a notice in conformity with the requirements of Rule 35 ; All Rule 35 examinations shall be tape recorded. Copies of the recordings shall be provided to plaintiffs' counsel; Defendant's expert, Dr. Goldstein, is entitled to a reasonable fee for the time spent testifying in response to plaintiffs' deposition notice, time preparing for the deposition and time traveling to and from the location of the deposition as set forth in this Order; Plaintiffs shall make their 26(a)(2) disclosure no later than 6/26/00. Plaintiffs shall make their expert(s) available for deposition no later than 7/24/00; Defendants shall make their 26(a)(2) discovery available no later than 7/24/00. Defendants shall make their expert(s) available for deposition no later than 9/11/00 ; Dispositive motions, if any shall be served and filed no later than 10/11/00 ; The Pretrial Order in the form required by Judge Chin's rules, along with all other materials requirded by Judge Chin, shall be filed no later than 11/13/00. Plaintiffs shall serve a draft of their portion of the Pretrial Order no later than 15 days before the date on which the Pretrial Order is due. If a dispositive motion is made, the Pretrial Order shall be due 30 day after the decision on any dispositive motion, if it is still necessary . ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (ri) Modified on 04/18/2000 (Entered: 04/18/2000)

April 17, 2000
52

ORDER, that Olga Alsaa shall appear for a deposition and Rule 35 Mental Examination to be held after her release from such facility within 10 business days of the date that her treating psychiatrist determines that undertaking such an examination would not be deleterious to her mental condition, and so long as her release is prior to the close of discovery, 7/24/00 and provided ; That the Rule 35 Mental Examination shall be conducted by Dr. Robert L. Goldstein, M.D. and that such examination shall include an in-deph oral psychiatric history, general medical history and mental status evaluation as set forth in this Order; That defendants' counsel shall provide to plaintiffs' counsel a Rule 35 Mental Examination Report immediately upon completion, but in no event later than 7/29/00 ; That plaintiffs' counsel will keep defendants counsel informed of Ms. Alsaa's status with regard to her hospitalization so that the deposition and Rule 35 Mental Examination may be scheduled as practicable . ( Signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (ri) (Entered: 04/18/2000)

April 17, 2000
53

PROTECTIVE ORDER; regarding procedures that will govern the handling of "confidential information" ; ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (ls) (Entered: 05/05/2000)

May 4, 2000
54

PROTECTIVE ORDER; regarding procedures that will govern the handling of "Confidential Information" . ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (sn) (Entered: 05/09/2000)

May 8, 2000
55

Memo-Endorsement on letter addressed to Magistrate Judge Pitman from Elisabeth Benjamin, dated 6/12/00. Re: plaintiff requests that all expert reports by both parties be filed simultaneously on 7/24/00; Denied. Plaintiffs' expert should already have all pertinent information regarding plaintiff's medical condition . ( signed by Magistrate Judge Henry B. Pitman ); Copies (ri) Modified on 06/21/2000 (Entered: 06/20/2000)

June 16, 2000
56

Dr. Hauptman Expert Report - Volume 1 (djc) (Entered: 06/27/2000)

June 26, 2000
57

ORDER; No later than 20 days from the date of this Order, defendants shall produce all documents as stated in this Order ; No later than July 19, 2000, defendants' counsel shall report to the court concerning whether the defendants' Project Information Management System is searchable for tenants with mental disabilities. Plaintiffs' motion to compel a response to Item 10 of their fourth Request for Production of Documents is adjourned pending defendants' report concerning this matter ; Plaintiffs' motion to compel production in response to Item 16 of their Fifth Request for Production of Documents is denied without prejudice. Defendants' motion to compel production in response to Item 14 of their Fifth Request for Production of Documents is denied; Plaintiff's motion to compel production in response to Item 5 of their Fifth Request for Production of Documents is denied; Defendants' motion to compel with respect to the subpoenas served for Social Security records is denied ; Plaintiffs' motion for sanctions in connection with Dr. Goldstein's questionin of plaintiffs is denied ; (signed by Magistrate Judge Henry B. Pitman); Copies (djc) (Entered: 07/17/2000)

July 17, 2000
58

ORDER; Plaintiffs shall make their expert witnesses available for a deposition no later than 09/12/00. If plaintiffs seek to supplement the expert discovery they have previously provided, they must do so prior to the depositions of their experts ; Defendants shall produce their Rule 26(a)(2) discovery no later than 10/12/00 ; Defendants shall make their expert available for a deposition no later than 10/31/00 ; The date for the submission of dispositive motions is extended to 11/30/00 ; The Pretrial Order in the form requied by Judge Chin's rules, along with all other materials required by Judge Chin, shall be filed no later than 12/29/00. Plaintiffs shall serve a draft of their portion of the Pretrial Order no later than fifteen days before the date on which the Pretrial Order is due. If a dispositive motion is made, the Pretrial Order shall be due thirty days after the decision on any dispositive motion, if it is still necessary ; (signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (djc) (Entered: 07/20/2000)

July 19, 2000
59

ORDER; it is hereby ordered purs. to F.R.C.P. 17(c) that the Aunt, Representative-Payee and Next Friend in this action for Named Pltff Kenneth Blatch, Wilhelmina Peay, who resides at 3701 16th Street, Apartment #300, Washington, D.C. 20010, is appointed as Guardian Ad Litem for Named Pltff Kenneth Blatch ; ( signed by Judge Denny Chin ); Copies mailed. (lf) (Entered: 07/24/2000)

July 24, 2000
60

Memo-Endorsement on letter addressed to Mag. Judge Pitman from Mario G. Frangiose, dated 7/18/00. Re: Counsel for defts request that pltffs' motion to compel be denied. No later than 20 days from the date of this Order, the NYCHA is to provide to pltff's counsel a list of all housing authority tenants who claim to have a mental disability. The information is relevant to the identity and number of class members. In addition, N.Y. Pub. Housing L. Sec. 159 expressly provides that its limitations on the disclosure of information do not apply in actions, such as this one, in which the NYCHA is a party. Thus, Sec. 159 does not protect the information . The information produced purs. to this Order shall be deemed "Confidential" and subject to the terms of the Protective Order previously entered herein . ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (sn) (Entered: 08/10/2000)

Aug. 9, 2000
62

ORDER; that pursuant to Rule 35 of the F.R.C.P. and this Court's Order of 4/28/00, defendants, by their retained expert Robert L. Goldstein M.D., shall conduct a mental examination of Plaintiff Perez on a date & time to be mutually accepted upon at the offices of The Legal Aid Society, 90 Church Street - 14th, N.Y.C., 10007. The manner and scope of the examination will be as set forth in this Order . ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (pl) (Entered: 08/23/2000)

Aug. 22, 2000
61

ORDER TO TAKE MENTAL EXAMINATION OF PLTFFS; purs. to Rule 35 of the FRCP and this Court's Order of 4/28/00, deft, by their retained expert Robert L. Goldstein, M.D., shall conduct a mental examination of pltff Natalie Jenkins on a date & time to be set. In light of Mr. Jenkins' psychiatric condition, there is no basis to constitude that his prior condition was voluntary. ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (sac) (Entered: 08/24/2000)

Aug. 22, 2000
63

ORDER; regarding procedures that will govern the handling of "Confidential Information" . ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (pl) (Entered: 08/30/2000)

Aug. 30, 2000
64

Notice of reassignment to Judge Laura T. Swain. Copy of notice mailed to Attorney(s) of record: Elisabeth Ryden Benjamin, Ronald J. Tabak. (em) (Entered: 09/07/2000)

Sept. 5, 2000
65

DECLARATION of Philip J. Hauptman by Kelvin Blatch, Kenneth Blatch. (jp) (Entered: 09/12/2000)

Sept. 11, 2000
66

Memo-Endorsement on letter addressed to Judge Chin from Elisabeth Benjamin, Samuel Davol, (date not indicated). Re: For the reasons indicated herein, in light of the recent reassignment of this case, pltffs request that your Honor retain jurisdiction over this case. This case has already been reassigned. I contrue this request as a request for rescission of the reassignment. The request is denied . ( signed by Judge Denny Chin ); Copies mailed. (sn) (Entered: 09/20/2000)

Sept. 18, 2000

Notice of reassignment mailed to Elisabeth Ryden Benjamin returned. Moved not forwardable. (bm) (Entered: 10/04/2000)

Oct. 3, 2000
67

Expert Report of Dr. Robert L. Goldstein. (Received in the night deposit box on 10/13/00 at 5:05 p.m.) (kw) (Entered: 10/16/2000) conference to discuss the matters as set forth in this order. The counsel who plan to try the case must appear at such conference. Counsel attending the conference shall seek settlement authority from their respective clients prior to such conference. If counsel is not granted such authority, the client must be present in person or available by telephone so that a settlement can be consummated if possible . ( signed by Judge Laura T. Swain ); Copies mailed. (kw) Modified on 10/24/2000 (Entered: 10/20/2000)

Oct. 13, 2000
69

ORDER, except for Housing Court documents, defts are directed to comply fully with my 7/14/00 Order no later than 12/8/00. All Housing Court documents which defts were directed to produce in my 7/14/00 Order shall be produced no later than 7/15/00. Since defts are already more than four months in default, further extensions shall not be granted. If defts fail to comply fully with the dates set forth above, appropriate sanctions, which may include a recommendation that a default judgment be entered, will be imposed. Subject to revision by Judge Swain, dispositive motions shall be served and briefed as follows: deftss shall serve their motion for summary judgment no later than 12/15/00; pltffs shall serve their opposition to defts' motion for summary judgment and their cross- motion for summary judgment no later than 2/13/01; defts shall serve their reply in further support of their motion for summary judgment and their opposition to pltffs' motion for summary judgment no later than 4/16/01; pltffs shall serve their reply in support of their cross-motion for summary judgment no later than 5/16/01. The continuation of Dr. Goldstein's deposition shall be limited to 4 hrs. The parties shall submit letter briefs concerning the Jenkins discovery dispute in accordance with the following schedule: pltffs shall serve their initial letter by 11/26/00; defts shall serve their opposing letter by 12/5/00; pltffs shall serve their reply by 12/12/00. ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (sac) (Entered: 11/28/2000)

Nov. 27, 2000
70

Memo-Endorsement on letter addressed to Judge Swain from Mario G. Frangiose, dated 12/14/00. Re: defendants requests premission to exceed the 25 page limitation with respect to their memorandum of law in support of their motion for summary judgment; the memorandum shall not exceed 35 pages . ( signed by Judge Laura T. Swain ); Copies mailed. (pl) (Entered: 12/18/2000)

Dec. 15, 2000
71

NOTICE OF MOTION by John G. Martinez, Stuart G. Laurence, The New York City for summary judgment dismissing the amended class action complaint purs to FRCP 56(b) . With Report of Dr. Robert L. Goldstein, copies of declarations and affidavits in support of Saul Mackler, Paul T. Graziano, Nora Reissig-Lazzaro, Karen Constant, Myrna Bolanos, Todd Hyman, Evelyn Witt, Marc Friedman, Abraham Arackathara, Sheila Rhett, Jacqueline Hipps, Ynomia Cruz, May Wong and Eddie Emerice attached (the originals of which previously have been filed). Return date not indicated. (filed in night deposit on 12/15/00 @5:03pm) (lam) (Entered: 12/19/2000)

Dec. 15, 2000
72

MEMORANDUM OF LAW by Kenneth Blatch, John G. Martinez, Stuart G. Laurence, The New York City in support of [71-1] motion for summary judgment dismissing the amended class action complaint purs to FRCP 56(b) . (lam) (Entered: 12/19/2000)

Dec. 15, 2000

Pretrial Conference held before Judge Laura T. Swain . (lam) (Entered: 01/09/2001)

Jan. 5, 2001
73

Memo-Endorsement on letter addressed to Mag. Judge Pitman from Elisabeth Benjamin, dated 1/26/01; approving the schedule in this endorsed letter submitted by all the parties as follows; plaintiffs' response to motion reset to 2/27/01 for [71-1] motion for summary judgment dismissing the amended class action complaint purs to FRCP 56(b) ; defendants' reply to response to motion reset to 5/14/01 for [71-1] motion for summary judgment dismissing the amended class action complaint purs to FRCP 56(b) ; plaintiff shall file their cross motion for summary judgment no later than 2/27/01; defendants shall file their opposition to plaintiffs' motion for summary judgment no later than 5/14/01; plaintiffs shall serve their reply in support of their cross-motion for summary judgment no later than 6/14/01 . ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed. (ae) (Entered: 02/07/2001)

Feb. 7, 2001
74

NOTICE OF CROSS MOTION by Kelvin Blatch, Kenneth Blatch, Julia Gottlieb, Erica Mortimor, Flora Cruz, Olga Alsaa; for an Order, purs. to Rule 56 of the FRCP, granting summary judgment to pltffs and the pltff class on the ground that there is no genuine issue as to any material fact and all pltffs and pltff class members are entitled to judgment as a matter of law ; Return date not indicated. Pltffs Rule 56.1 Statement, Declarations of Benjamin & Davol, as well as exhibits in support of motion attached. (jp) (Entered: 03/01/2001)

Feb. 28, 2001
75

MEMORANDUM OF LAW by Kelvin Blatch, Kenneth Blatch, Julia Gottlieb, Erica Mortimor, Flora Cruz, Olga Alsaa in support of [74-1] cross motion for an Order, purs. to Rule 56 of the FRCP, granting summary judgment to pltffs and the pltff class on the ground that there is no genuine issue as to any material fact and all pltffs and pltff class members are entitled to judgment as a matter of law . (jp) (Entered: 03/01/2001)

Feb. 28, 2001
76

RULE 56.1 STATEMENT filed by Kelvin Blatch, Kenneth Blatch, Julia Gottlieb, Erica Mortimor, Flora Cruz, Olga Alsaa (jp) (Entered: 03/01/2001)

Feb. 28, 2001
77

COUNTER STATEMENT TO RULE 56.1 filed by Kelvin Blatch, Kenneth Blatch, Julia Gottlieb, Erica Mortimor, Flora Cruz, Olga Alsaa (jp) (Entered: 03/01/2001)

Feb. 28, 2001
78

REPORT AND RECOMMENDATIONS of Magistrate Judge Henry B. Pitman; Re: defendants oral application for sanctions be granted to the extent of striking Ms. Jenkins as a named plaintiff but permitting her to continue to participate in this action as an unnamed class member; Objections to R and R due by 4/13/01. (pl) (Entered: 04/13/2001)

March 30, 2001
79

Letter filed by Kelvin Blatch, Kenneth Blatch addressed to Mag. Judge Pitman from Elisabeth Benjamin, dated 11/28/00, re: counsel for pltffs opposes defts' motion to dismiss Ms. Jenkins claims in this action because she is unable to participate in a Rule 35 mental examination. (Docket and file as per Chambers) (sn) (Entered: 04/16/2001)

April 11, 2001
80

Letter filed by Kelvin Blatch, Kenneth Blatch addressed to Mag. Judge Pitman from Elisabeth Benjamin, dated 12/12/00, re: pltffs' counsel writes in reply to defts' letter of 12/5/00 in support of their motion to dismiss Ms. Jenkins from this action. (Docket and file as per Chambers) (sn) (Entered: 04/16/2001)

April 11, 2001
81

Letter filed by The New York City addressed to Mag. Judge Pitman from Mario G. Frangiose, Sonya M. Kaloyanides, dated 12/5/00, re: counsel for deft Housing Authority requests that the Court issue an order dismissing Natalie Jenkins as a named pltff and that pltffs be precluded from introducing any evidence with respect to her. (Docket and file as per Chambers) (sn) (Entered: 04/16/2001)

April 11, 2001
82

Memo-Endorsement on letter addressed to Mag. Judge Pitman from Mario G. Frangiose, dated 5/3/01; Defendants' reply to response to motion reset to 5/21/01 for [71-1] motion for summary judgment dismissing the amended class action complaint purs to FRCP 56(b) ; Plaintiff's reply to response to motion reset to 6/21/01 for [74-1] cross motion for an Order, to Rule 56 of the FRCP, granting summary judgment to pltffs and the pltff class on the ground that there is no genuine issue as to any material fact and all pltffs and pltff members are entitled to judgment as a matter of law ; this schedule preserves the interval set in my 1/29/01 order. No further extensions except for unforseen, extraordinary cause shown by affidavit . signed by Magistrate Judge Henry B. Pitman ); Copies Mailed (ae) (Entered: 05/10/2001)

May 8, 2001
83

SEALED DOCUMENT placed in vault. (rp) (Entered: 05/23/2001)

May 22, 2001
85

DECLARATION of Robert L. Losey by Kelvin Blatch, Kenneth Blatch, Julia Gottlieb, Erica Mortimor, Flora Cruz, Olga Alsaa in support of [74-1] cross motion for an Order, purs. to Rule 56 of the FRCP, granting summary judgment to pltffs and the pltff class on the ground that there is no genuine issue as to any material fact and all pltffs and pltff class members are entitled to judgment as a matter of law. (sn) (Entered: 06/26/2001)

June 21, 2001
86

REPLY MEMORANDUM by Kelvin Blatch, Kenneth Blatch, Julia Gottlieb, Erica Mortimor, Flora Cruz, Olga Alsaa in support of [74-1] cross motion for an Order, purs. to Rule 56 of the FRCP, granting summary judgment to pltffs and the pltff class on the ground that there is no genuine issue as to any material fact and all pltffs and pltff class members are entitled to judgment as a matter of law. (sn) (Entered: 06/26/2001)

June 21, 2001
87

OPINION and ORDER #86651, that for the reasons stated herein, the Court adopts the R&R. Accordingly, defendants' application for sanctions is granted to the extent of striking Ms. Jenkins as a named plaintiff but permitting her to continue to participate in this action as an unnamed class member. ( signed by Judge Laura T. Swain ); Copies mailed. (tp) (Entered: 03/06/2002)

March 5, 2002

State / Territory: New York

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: May 29, 1997

Closing Date: 2018

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Mentally disabled tenants of the New York City Housing Authority who faced or will face eviction actions.

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 Housing Authority (New York City, Kings), City

Defendant Type(s):

Housing Authority

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $605,000

Order Duration: 2008 - 2018

Content of Injunction:

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Monitoring

Reporting

Issues

General:

Access to lawyers or judicial system

Access to public accommodations - governmental

Access to public accommodations - privately owned

Communication skills

Courts

Failure to train

Government Services

Housing

Housing assistance

Improper treatment of mentally ill suspects

Reasonable Accommodations

Discrimination-area:

Accommodation / Leave

Housing Sales/Rental

Medical Exam / Inquiry

Steering

Testing

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Schizophrenia

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run