Case: Jeremy M. v. Giuliani

1:00-cv-06498 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 30, 2000

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On August 30, 2000, a child who had been retained in custody for two and a half years under a lapsed custody order and his mother filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Children's Rights, the U.S. Attorney's Office for the S.D.N.Y., and private counsel, sued the New York City Administration for Children's Services (ACS) and the Seamen's Society for Children and Families for monetary damages. The plaintiffs claimed that…

On August 30, 2000, a child who had been retained in custody for two and a half years under a lapsed custody order and his mother filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Children's Rights, the U.S. Attorney's Office for the S.D.N.Y., and private counsel, sued the New York City Administration for Children's Services (ACS) and the Seamen's Society for Children and Families for monetary damages. The plaintiffs claimed that ACS had a practice of knowingly holding thousands of New York City children in their custody without legal basis under similarly lapsed custody orders.

Despite the child's mother’s repeated requests to have him returned to her as she had met all their requirements, and ACS’s knowledge that they had no legal basis for retaining her son in custody, ACS repeatedly refused to release him back home. During this time the child was physically abused and denied needed mental health services in his Seamen’s Society for Children and Families foster home.

In August 2001, a settlement agreement was reached in which the plaintiffs were awarded a total of $260,000. ACS was also required to release quarterly data regarding the remaining number of lapsed placements. As a result of the lawsuit, ACS revised its practices to address holding children under lapsed placement orders.

Summary Authors

Katrina Fetsch (3/24/2016)

People


Judge(s)

Katz, Theodore H. (New York)

Ward, Robert Joseph (New York)

Attorneys(s) for Plaintiff

Lowry, Marcia Robinson (New York)

Lustbader, Ira P. (New York)

Popkin, Michael S. (New York)

Powell, Jeffrey K. (New York)

Robinson, Miriam M. (New York)

Attorneys(s) for Defendant

Blanchette, Antoinette W (New York)

Kaufman, Borgeest (New York)

Walker, Marianne J. (New York)

Judge(s)

Katz, Theodore H. (New York)

Ward, Robert Joseph (New York)

Attorneys(s) for Plaintiff

Lowry, Marcia Robinson (New York)

Lustbader, Ira P. (New York)

Popkin, Michael S. (New York)

Powell, Jeffrey K. (New York)

Robinson, Miriam M. (New York)

Attorneys(s) for Defendant

Blanchette, Antoinette W (New York)

Kaufman, Borgeest (New York)

Walker, Marianne J. (New York)

Documents in the Clearinghouse

Document

1:00-cv-06498

Docket [PACER]

March 11, 2002

March 11, 2002

Docket

Resources

Docket

Last updated July 22, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $150.00. RECEIPT # 383372. (em) (Entered: 08/31/2000)

Aug. 30, 2000

Aug. 30, 2000

CASE REFERRED TO: Judge Robert J. Ward. (em) (Entered: 08/31/2000)

Aug. 30, 2000

Aug. 30, 2000

2

Affidavit of service as to Seamen's Society by Charles Rose, VP on 9/1/00. Answer due on 9/21/00 for Seamen's Society. (lam) (Entered: 09/06/2000)

Sept. 5, 2000

Sept. 5, 2000

3

Affidavit of service as to Children's Services by Sylvia Vallejo, Process Clerk on 8/31/00. Answer due on 9/20/00 for Children's Services. (lam) (Entered: 09/06/2000)

Sept. 5, 2000

Sept. 5, 2000

4

Affidavit of service as to Nicholas Scoppetta by Sylvia Vallejo, Process Clerk on 8/31/00. Answer due on 9/20/00 for Nicholas Scoppetta. (lam) (Entered: 09/06/2000)

Sept. 5, 2000

Sept. 5, 2000

5

Affidavit of service as to City of New York by Sylvia Vallejo, Process Clerk on 8/31/00. Answer due on 9/20/00 for City of New York. (lam) (Entered: 09/06/2000)

Sept. 5, 2000

Sept. 5, 2000

6

Affidavit of service as to Rudolph Giuliani by Sylvia Vallego, Process Clerk on 8/31/00. Answer due on 9/20/00 for Rudolph Giuliani. (lam) (Entered: 09/06/2000)

Sept. 5, 2000

Sept. 5, 2000

Case accepted as related to 1:99cv 648. Notice of assignment to follow. (bm) (Entered: 09/11/2000)

Sept. 8, 2000

Sept. 8, 2000

7

Notice of assignment to Judge Robert J. Ward . Copy of notice and judge's rules mailed to Attorney(s) of record: Michael S. Popkin, Miriam M. Robinson, Jeffrey K. Powell, Ira P. Lustbader, Marcia Robinson Lowry . (bm) (Entered: 09/11/2000)

Sept. 8, 2000

Sept. 8, 2000

8

STIPULATION and ORDER; reset answer due for 11/3/00 for Seamen's Society, for Children's Services, for Nicholas Scoppetta, for City of New York, for Rudolph Giuliani. No further extensions of the defts' time to answer to the complaint in this action ; ( signed by Judge Robert J. Ward)(djc) Modified on 10/24/2000 (Entered: 10/23/2000)

Oct. 20, 2000

Oct. 20, 2000

9

ANSWER to Complaint by Rudolph Giuliani, City of New York, Nicholas Scoppetta, Children's Services (Attorney Antoinette Wavene Blanchette from the Firm: Michael D. Hess) . (djc) (Entered: 11/02/2000)

Nov. 1, 2000

Nov. 1, 2000

10

SCHEDULING ORDER: Discovery cutoff 3/14/01; Deadline for filing of summary judgment motions 3/28/01; Joint Pretrial order to be submitted on or before 3/28/01; in the event plntfs fail to comply with the Court's direction, or to seek an extension by timely application, the Court on its own motion will dismiss plntfs' claims for lack of prosecution and in the event any deft fails to comply with this or any subsequent scheduling order, the answer will be stricken and an inquest directed in favor of plntfs upon a default judgment ( signed by Judge Robert J. Ward ); Copies mailed. (cd) (Entered: 11/22/2000)

Nov. 21, 2000

Nov. 21, 2000

Pretrial Conference held before Judge Robert J. Ward; scheduling order signed: discovery to be completed by 3/14/01 and motions for summary judgment and the filing of a joint pretrial order by 3/28/01. (lam) (Entered: 11/29/2000)

Nov. 21, 2000

Nov. 21, 2000

13

STIPULATION and ORDER; that the parties shall have until 11/29/00, to negotiate and submit to the Court for approval an agreed Protective Order in connection with the records produced in response to Pltffs' First Reequest for Production of Documents; if the parties are unable to reach agreement by that date, the parties shall each submit to the Court a proposed Protective Order no later than 11/30/00, after which the Court shall issue a Protective Order which shall govern the parties ; that defts Rudolph Giuliani, The City of New York, Nicholas Scoppetta and the New York City Administration For Children's Services (collectively the "City Defts") shall produce documents in response to Pltffs' First Request for the Production of Documents within three days of the date of the Court's approval of the parties' agreed Protective Order or the Court's issuance of its own Protective Order, whichever occurs; that deft Seamen's Society For Children and Families ("Seamen's Society"), shall produce documents in response to Pltffs' First Request for the Production of Documents within seven days of the date of the Court's approval of the parties' agreed Protective Order or the Court's issuance of its own Protective Order, whichever occurs ; ( signed by Judge Robert J. Ward ) (lf) (Entered: 12/04/2000)

Dec. 4, 2000

Dec. 4, 2000

12

AGREED PROTECTIVE ORDER; effective immediately, any individually−identifying information, regarding any plaintiff, such plaintiff's family members, foster family members, casework and supervisory staff working directly on the plaintiff's protective, preventive, foster care, and/or social service case, and persons included in any case files as the source of reports to the State Central Registry (including but not limited to these persons' names, addresses, telephone numbers, social security numbers, dates of birth, and other information in the circumstances of each case likely to enable a reasonable member of the general public to ascertain their identities) that is obtained by the parties or their counsel exclusively through the discovery process herein, may be disclosed by them only to such persons as are necessary for the effective prosecution of this litigation (including, but not limited to, plaintiffs' counsel, experts and consultants), and any such persons to whom this information is to be disclosed shall sign a copy of the agreement attached hereto and made a part hereof as Exhibit A, prior to receiving any such nformation . ( signed by Judge Robert J. Ward ); Copies mailed. (djc) Modified on 12/05/2000 (Entered: 12/05/2000)

Dec. 4, 2000

Dec. 4, 2000

14

ANSWER by Rudolph Giuliani, City of New York, Nicholas Scoppetta, Children's Services to crossclaim of Seamen's Society for Children and Families; Firm of: Corporation Counsel of N.Y.C. (pl) (Entered: 12/13/2000)

Dec. 12, 2000

Dec. 12, 2000

14

CROSSCLAIM by Rudolph Giuliani, City of New York, Nicholas Scoppetta, Children's Services against Seamen's Society (pl) (Entered: 12/13/2000)

Dec. 12, 2000

Dec. 12, 2000

15

Order that the case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/Including Initial Case Management Conference. Referred to Magistrate Judge Theodore H. Katz ( signed by Judge Thomas P. Griesa ) (cd) (Entered: 03/09/2001)

March 9, 2001

March 9, 2001

16

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for discovery disputes only when District Judge is unavailable; Referred to Magistrate Judge Theodore H. Katz. (signed by Judge J. Ward ) (djc) (Entered: 04/09/2001)

April 6, 2001

April 6, 2001

Pretrial Conference held before Judge Robert J. Ward. (kw) (Entered: 04/18/2001)

April 13, 2001

April 13, 2001

17

NOTICE OF MOTION by Jeremy M. for protective order imposing procedural safeguards in connection with deposition of plntf Jeremy M ; Return date 5/14/01. (cd) (Entered: 04/30/2001)

April 27, 2001

April 27, 2001

18

CERTIFICATION of Jeffrey K. Powell by Jeremy M. in support of [17−1] motion for protective order imposing procedural safeguards in connection with deposition of plntf Jeremy M . (cd) (Entered: 04/30/2001)

April 27, 2001

April 27, 2001

20

MEMORANDUM OF LAW by Jeremy M. in support of [17−1] motion for protective order imposing procedural safeguards in connection with deposition of plntf Jeremy M . (cd) (Entered: 04/30/2001)

April 27, 2001

April 27, 2001

21

SEALED DOCUMENT placed in vault. (rp) (Entered: 05/02/2001)

May 2, 2001

May 2, 2001

22

AFFIRMATION of Michael P. Mezzacappa, Esq. by Seamen's Society in opposition to Re: [17−1] motion for protective order imposing procedural safeguards in connection with deposition of plntf Jeremy M. (kw) (Entered: 05/15/2001)

May 14, 2001

May 14, 2001

23

MEMORANDUM OF LAW by Seamen's Society in opposition to [17−1] motion for protective order imposing procedural safeguards in connection with deposition of plntf Jeremy M. (kw) (Entered: 05/15/2001)

May 14, 2001

May 14, 2001

28

REPLY MEMORANDUM by plaintiffs in support of motion for a protective order imposing procedural safeguards in connection with deposition of plaintiff Jeremy M. (kw) (Entered: 10/31/2001)

May 22, 2001

May 22, 2001

24

DISCOVERY ORDER; that no later than 6/11/01, counsel for ACS will inform Plaintffs in writing of the progress which ACS has made is identifying and location additional documents responsive to Documents Request Nos. 5,6,7, and shall be specify the source of any responsive documents produced as of that date as well as any further efforts necessary to identify other responsive documents ; no later than 6/18/01, dft. ACS shall produce all documents responsive to Document Requests Nos. 5,6,7, and inform plaintiffs in writing of other efforts, if any, then being made to locate additional responsive documents ; that within 7 days of the dat of this Order, dft. ACS shall (a) designate appropriate individual(s) to testify on each of the subject matters set forth in the Notice of Deposition of dft. ACS Pursuant to F.R.C.P. 30(b)(6); (b) specify on which subject matters in the Ntc. each witness will testify; and (c) specify when the witness(es) is available to testify in June 2001. The parties shall schedule the depositions(s) for the earliest possible convenient time for all parties and shall make all reasonable efforts to schedule the deposition(s) to take place no later than 6/29/01 ; the current Court−ordered deadline for the completion of discovery in this case of 6/14/01 shall be adjourned without date, and the Court will set a new discovery schedule after hearing the positions of all parties on this matter . ( signed by Judge Robert J. Ward ); Copies mailed. (pl) (Entered: 05/30/2001)

May 25, 2001

May 25, 2001

Hearing held on pltff Jermemy M's motion for a protective order before Judge Ward. (lam) (Entered: 06/07/2001)

June 7, 2001

June 7, 2001

25

AMENDED SCHEDULING ORDER: the Court held a pretrial conference on this date at which time the parties were directed to furnish their experts' reports by 9/7/01 and complete dicovery by 10/5/01 and file their dispositive motions or a joint pretrial order on or before 11/2/01. That in the event any pltff fails to comply with the Court's direction, or to seek an extension by timely application, the Court on its own motion will dismiss pltff's claims for lack of prosecution. That in the event any deft fails to comply with this or any subsequent scheduling order, the answer will be stricken and an inquest directed in favor of pltffs upon a default judgment. ( signed by Judge Robert J. Ward ); Copies mailed. (sac) (Entered: 06/11/2001)

June 8, 2001

June 8, 2001

26

CONSENT ORDER to CHANGE ATTORNEY; the firm of Kaufman, Borgeest &Ryan is substituted as attorneys of record for Seamen's Society for Children and Families ; ( signed by Judge Robert J. Ward ); (djc) (Entered: 06/25/2001)

June 19, 2001

June 19, 2001

Settlement Conference held before Judge Robert J. Ward . (djc) (Entered: 07/20/2001)

July 18, 2001

July 18, 2001

27

Transcript of record of proceedings before Judge Robert J. Ward on 6/7/01. (kw) (Entered: 07/31/2001)

July 30, 2001

July 30, 2001

Pretrial Conference held before Judge Robert J. Ward. (kw) (Entered: 08/16/2001)

Aug. 8, 2001

Aug. 8, 2001

29

ORDER, all papers filed in support of plaintiffs' motion for an infant compromise order approving the settlement reached in this action shall be filed with the office of the Clerk of the Court under seal solely in order to protect the confidentiality of the identity of the plaintiffs in this action . ( signed by Judge Robert J. Ward ); Copies mailed. (kw) (Entered: 12/04/2001)

Dec. 3, 2001

Dec. 3, 2001

30

SEALED DOCUMENT placed in vault. (wv) (Entered: 12/07/2001)

Dec. 7, 2001

Dec. 7, 2001

31

NOTICE of change of address by Seamen's Society, new location: Kaufman, Borgeest &Ryan 200 Summit Lake Dr. 1st Floor Valhalla, NY 10595. phone (914) 741−6100 . (bai) (Entered: 12/12/2001)

Dec. 12, 2001

Dec. 12, 2001

32

INFANT COMPROMISE ORDER, that this matter is settled at a cost to defendants of the sum of $260,000.00, with Frontier Insurance Company, the insurer of defendant Seamen's Society for Children and Families, agreeing to pay $150.000.00, and the City Defendants agreeing to pay $110,000.00, and the City Defendants agreeing to waive enforcement of any right they may have to recoup any benefit payments as further set forth on this Order. That upon making and receipt of all of the payments above directed in compliance with this Order, as well as the assignment to Metropolitan Insurance &Annuity Company, as set forth, the defendants shall then be discharged from any and all responsibility as to the causes of action set forth in this action . ( signed by Judge Robert J. Ward ); Copies mailed. (tp) (Entered: 12/20/2001)

Dec. 19, 2001

Dec. 19, 2001

Case closed. (tp) (Entered: 01/02/2002)

Dec. 19, 2001

Dec. 19, 2001

33

SEALED DOCUMENT placed in vault. (wv) (Entered: 01/02/2002)

Jan. 2, 2002

Jan. 2, 2002

34

STIPULATION AND ORDER of discontinuance of this action purs. to 41(a)(1)(ii) of the FRCP w/ prejudice and the parties have settled this action purs. to a separate settleent agreement. ( signed by Judge Robert Ward ) (ae) Modified on 03/12/2002 (Entered: 03/12/2002)

March 11, 2002

March 11, 2002

Case Details

State / Territory: New York

Case Type(s):

Child Welfare

Key Dates

Filing Date: Aug. 30, 2000

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A child who had been retained in custody for two and a half years under a lapsed custody order and his mother.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Seamen's Society for Children and Families (New York), Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 260,000.00

Issues

General:

Family abuse and neglect

Foster care (benefits, training)

Juveniles

Parents (visitation, involvement)

Youth / Adult separation

Discrimination-basis:

Family discrimination