Case: S.W. v. City of New York

1:09-cv-01777 | U.S. District Court for the Eastern District of New York

Filed Date: April 29, 2009

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On April 29, 2009, ten former foster children with special needs sued the City of New York and four private foster care agencies in the US District Court for the Eastern District of New York. The plaintiffs asserted a § 1983 claim for violation of their substantive due process rights and asserted a state law claim for negligence for allowing a foster parent family to fraudulently obtain foster care custody of children, adopt them, and subject them to abuse, neglect, torture, imprisonment, and d…

On April 29, 2009, ten former foster children with special needs sued the City of New York and four private foster care agencies in the US District Court for the Eastern District of New York. The plaintiffs asserted a § 1983 claim for violation of their substantive due process rights and asserted a state law claim for negligence for allowing a foster parent family to fraudulently obtain foster care custody of children, adopt them, and subject them to abuse, neglect, torture, imprisonment, and deprivation of educational opportunities and medical care over course of more than 15 years.

From 1986 to 1994, the plaintiffs were classified as special needs children by the agency, removed from their homes, and placed in the custody of the City. The agency defendants were private child care agencies that contracted with the City to provide foster care placement and other services for children in its custody. During this time, the private individual defendant, using at least four false identities, obtained foster care custody of plaintiffs and numerous other special needs children from the City and the agency defendants. She subsequently adopted each plaintiff. The defendant launched this scheme in order to collect subsidies provided by the City for the fostering and adoption of special needs children, which she used for her own purposes while neglecting to care for the plaintiffs. In 1998, the defendant transported the plaintiffs from New York to Florida, where she relocated them in various houses over the following years.

With the exception of one child who left the house in which they lived sometime between May 2004 and May 2005, the plaintiffs remained with the defendant until July 2007, when Florida authorities searched the house in which they were then residing, discovered and removed the plaintiffs, and arrested the defendant. From the point when the defendant obtained custody of the plaintiffs until they were released, the defendant abused, tortured, neglected, and held the plaintiffs in captivity, first in New York and then in Florida.

On December 19, 2012, the Court approved a settlement ("2012 Settlement") between the plaintiffs and the City in which the City agreed to pay the plaintiffs $9.7 million. Per the settlement, the City denied all allegation of wrongful conduct or liability and the plaintiffs agreed to fully and forever release any causes of action on claims arising from the action. Payment of the settlement was arranged to be made monthly for life, guaranteed for 30 years, beginning on March 1, 2013, with the last guaranteed payment on February 1, 2043.

Following extensive litigation, the remaining defendants moved for summary judgment. On January 17, 2014, the Court dismissed the claims against the foster agencies brought by plaintiffs L.J. and J.G., but the Court denied the motion as to the claims of all other plaintiffs. 46 F. Supp. 3d 176 (2014).

On June 25, 2014, those eight plaintiffs and the private foster care agencies reached a settlement ("2014 Settlement") through mediation that awarded a total of $17.5 million to the plaintiffs. On September 19, 2014, the Court found that the June 2014 settlement was fair and was of the best interest of the plaintiffs. In particular, it approved allocating one-third of the settlement to attorneys' fees following New York custom. However, the Court referred the issue of costs to Magistrate Judge Go for a recommendation because the 2012 settlement called for reconsideration of costs in the event of another settlement. Plaintiffs subsequently reduced their cost request by 13.6%.

On February 6, 2016, Judge Go recommended allowing $1.6 million in total costs along with a formula to equalize the costs across plaintiffs. After considering plaintiffs' objections, Judge Go issued minor updates to the February 6 report. The Court adopted Judge Go's modified report on July 17, 2017.

Despite settlement of plaintiffs' original claims, litigation continued relating to defendants' cross-claims, including breach of contract, and third-party claims. On May 13, 2015, the City moved for a stay to avoid prejudice in National Union v. Roman Catholic Diocese of Brooklyn, a related state court suit involving defendants' insurance providers. The Court agreed to avoid actions that might affect the outcome of the state court suit but declined to stay the proceedings on February 7, 2017.

Finally, the Court dismissed the remaining cross-claims and third-party claims on July 21, 2017. The case is now closed.

In addition, the court in National Union found that payments by defendants' insurers must be allocated pro rata over the period of abuse subject to "self-insured retention" payments. 2017 NY Slip Op 30368(U).

Summary Authors

Soojin Cha (4/10/2016)

Timothy Leake (11/22/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4319754/parties/sw-v-city-of-new-york/


Judge(s)

Go, Marilyn D. (New York)

Vitaliano, Eric Nicholas (New York)

Attorneys(s) for Plaintiff

Babbitt, Theodore (Florida)

Cohen, Melissa A. (New York)

Gaier, Matthew (New York)

Kapell, William (New York)

Lambiase, Susan (New York)

Le Clainche, Stephan A. (Florida)

Lowry, Marcia Robinson (New York)

Merson, Jordan K. (New York)

Judge(s)

Go, Marilyn D. (New York)

Vitaliano, Eric Nicholas (New York)

Attorneys(s) for Plaintiff

Babbitt, Theodore (Florida)

Cohen, Melissa A. (New York)

Gaier, Matthew (New York)

Kapell, William (New York)

Lambiase, Susan (New York)

Le Clainche, Stephan A. (Florida)

Lowry, Marcia Robinson (New York)

Merson, Jordan K. (New York)

Moore, Thomas A. (New York)

Nothenberg, Shirim (New York)

Romanelli, Ami (Florida)

Talenfeld, Howard M. (Florida)

Walsh, John (Florida)

Attorneys(s) for Defendant

Ahmuty, Steven J. Jr. (New York)

Bienstock, Craig Garrett (New York)

Boccio, Robert (New York)

Brennan, Kevin J. (New York)

Capowski, Timothy Robert (New York)

Catalano, Thomas A. (New York)

Citrin, Marc J. (New York)

Covitt, Adam S. (New York)

Delmond, Robert Scott (New York)

Eniclerico, Richard (New York)

Fihma, Allison Naomi (New York)

Gallagher, Margo O'Donnell (New York)

Gonzalez, Juan C. (New York)

Hackworth, Thaddeus Jeremiah (New York)

Jack, Cheryl (Washington)

Kelly, Matthew James (New York)

Kutner, Charles E. (New York)

Morales, Ralph Vincent (New York)

Nagassar/Asman, Ishmattie (New York)

Nandan, Kathleen Anne (New York)

Ortiz, Robert (New York)

Paterniti, John D. (New York)

Rosof, Jeremy S. (New York)

Rubin, Steven I. (New York)

Schaerf, Carl Judah (New York)

Smith-Valentine, Sonya A. (Maryland)

Spratt, William G. (New York)

Strikowsky, Bruce Michael (New York)

Tracey, Deirdre E (New York)

Documents in the Clearinghouse

Document

1:09-cv-01777

Docket [PACER]

Aug. 4, 2017

Aug. 4, 2017

Docket
1

1:09-cv-01777

Complaint

April 29, 2009

April 29, 2009

Complaint
124

1:09-cv-01777

Order

June 4, 2010

June 4, 2010

Order/Opinion
208

1:09-cv-01777

Stipulation and Order of Discontinuance

Oct. 8, 2010

Oct. 8, 2010

Order/Opinion
238

1:09-cv-01777

Order

Nov. 17, 2010

Nov. 17, 2010

Order/Opinion
239

1:09-cv-01777

Order

2010 WL 4791712

Nov. 18, 2010

Nov. 18, 2010

Order/Opinion
251

1:09-cv-01777

Order

2010 WL 5185141

Dec. 15, 2010

Dec. 15, 2010

Order/Opinion
293

1:09-cv-01777

Order

2011 WL 2224976

June 3, 2011

June 3, 2011

Order/Opinion
311

1:09-cv-01777

Opinion

S.W. City of New York

2011 WL 3038776

July 25, 2011

July 25, 2011

Order/Opinion
358

1:09-cv-01777

Memorandum & Order

2012 WL 1100906

April 2, 2012

April 2, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4319754/sw-v-city-of-new-york/

Last updated May 20, 2022, 3:51 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of New York, Administration for Children's Services, St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services $ 350 Disclosure Statement on Civil Cover Sheet completed -yes,, filed by L.J. and J.G., J.B., C.B., T.L., S.W., J.L., S.B. and R.E.. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 04/30/2009)

2 Civil Cover Sheet

View on PACER

April 29, 2009

April 29, 2009

PACER
3

MOTION for Leave to Appear Pro Hac Vice as to Howard M. Talenfeld by L.J. and J.G., J.B., C.B., T.L., S.W., J.L., S.B. and R.E.. (Brucella, Michelle) (Entered: 05/05/2009)

April 29, 2009

April 29, 2009

PACER
4

MOTION for Leave to Appear Pro Hac Vice as to John Walsh by L.J. and J.G., J.B., C.B., T.L., S.W., J.L., S.B. and R.E.. (Brucella, Michelle) (Entered: 05/05/2009)

April 29, 2009

April 29, 2009

PACER
5

MOTION for Leave to Appear Pro Hac Vice as to Theodore Babbitt by L.J. and J.G., J.B., C.B., T.L., S.W., J.L., S.B. and R.E.. (Brucella, Michelle) (Entered: 05/05/2009)

April 29, 2009

April 29, 2009

PACER
6

FILING FEE re 3, 4, 5 : $ 75.00 paid; Receipt # 366134. (Brucella, Michelle) (Entered: 05/05/2009)

April 29, 2009

April 29, 2009

PACER
2

NOTICE of Change of Firm/address/email by Jordan K. Merson (Merson, Jordan) (Entered: 04/30/2009)

April 30, 2009

April 30, 2009

PACER
7

ORDER granting 3 Motion for Leave to Appear Pro Hac Vice as to Howard M. Talenfeld. Ordered by Judge Eric N. Vitaliano on 5/7/2009. (Brucella, Michelle) (Entered: 05/07/2009)

May 7, 2009

May 7, 2009

PACER
8

ORDER granting 4 Motion for Leave to Appear Pro Hac Vice as to John Walsh. Ordered by Judge Eric N. Vitaliano on 5/7/2009. (Brucella, Michelle) (Entered: 05/07/2009)

May 7, 2009

May 7, 2009

PACER
9

ORDER granting 5 Motion for Leave to Appear Pro Hac Vice as to Theodore Babbitt. Ordered by Judge Eric N. Vitaliano on 5/7/2009. (Brucella, Michelle) (Entered: 05/07/2009)

May 7, 2009

May 7, 2009

PACER
10

STIPULATION EXTENDING TIME TO ANSWER by Heartshare Human Services, SCO Family of Services (Attachments: # 1 Stipulation Extending Time to Answer) (Gallagher, Margo) (Entered: 05/19/2009)

2 Stipulation Extending Time to Answer

View on PACER

May 19, 2009

May 19, 2009

PACER
11

MOTION for Default Judgment as to Defendants City of New York, Administration for Children's services and St. Joseph Services for Children Inc. by L.J. and J.G., J.B., C.B., T.L., S.W., J.L., S.B. and R.E.. (Attachments: # 1 Exhibit Summons and Complaint, # 2 Exhibit Affidavits of Service) (Merson, Jordan) (Entered: 05/27/2009)

2 Exhibit Summons and Complaint

View on PACER

3 Exhibit Affidavits of Service

View on PACER

May 27, 2009

May 27, 2009

PACER
12

STIPULATION Extending Defendant St. Joseph's Time To Answer and Withdrawing Plaintiffs' Motion for Default Judgment as against Defendant St. Joseph by St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services (Attachments: # 1 Stipulation) (Gallagher, Margo) (Entered: 05/29/2009)

2 Stipulation

View on PACER

May 29, 2009

May 29, 2009

PACER
13

Letter MOTION for Extension of Time to File Answer re 11 MOTION for Default Judgment as to Defendants City of New York, Administration for Children's services and St. Joseph Services for Children Inc., 1 Complaint, or Otherwise Respond by City of New York. (Hackworth, Thaddeus) (Entered: 06/01/2009)

June 1, 2009

June 1, 2009

PACER
14

RESPONSE to Motion re 13 Letter MOTION for Extension of Time to File Answer re 11 MOTION for Default Judgment as to Defendants City of New York, Administration for Children's services and St. Joseph Services for Children Inc., 1 Complaint, or Otherwise ResponLetter MOTION for Extension of Time to File Answer re 11 MOTION for Default Judgment as to Defendants City of New York, Administration for Children's services and St. Joseph Services for Children Inc., 1 Complaint, or Otherwise Respon filed by all plaintiffs. (Merson, Jordan) (Entered: 06/02/2009)

June 2, 2009

June 2, 2009

PACER
15

SCHEDULING ORDER: Initial Conference set for 6/19/2009 02:30 PM before Magistrate Judge Marilyn D. Go. The 13 Letter MOTION of defendant City of New York, Administration for Children's Services for Extension of Time to File Answer and plaintiffs' 11 MOTION for Default Judgment as to said defendant will be discussed at this conference.Ordered by Magistrate Judge Marilyn D. Go on 6/5/2009. (DeVeaux, Yvonne) (Entered: 06/05/2009)

June 5, 2009

June 5, 2009

PACER
16

NOTICE of Appearance by Robert Scott Delmond on behalf of St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services (notification declined or already on case) (Delmond, Robert) (Entered: 06/08/2009)

June 8, 2009

June 8, 2009

PACER
17

Letter Confirming Adjournment of Initial Conference from June 19, 2009 at 2:30 p.m. to June 29, 2009 at 11:30 a.m. by St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services (Gallagher, Margo) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

PACER
18

ANSWER to 1 Complaint,, CROSSCLAIM against City of New York by St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services. (Delmond, Robert) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

PACER
19

DISCLOSURE of Interested Parties by St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services. (Delmond, Robert) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

PACER
20

DISCLOSURE of Interested Parties by St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services. (Delmond, Robert) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

PACER
21

MOTION for Leave to Appear Pro Hac Vice as to Jennifer M. Pearl by S.W.. (Talenfeld, Howard) (Entered: 06/26/2009)

June 26, 2009

June 26, 2009

PACER
22

NOTICE of Appearance by Carl Judah Schaerf on behalf of City of New York, Administration for Children's Services (aty to be noticed) (Schaerf, Carl) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

PACER
23

NOTICE of Appearance by Bruce Michael Strikowsky on behalf of City of New York, Administration for Children's Services (aty to be noticed) (Strikowsky, Bruce) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

PACER
24

FILING FEE re 21 : $ 25.00 paid; Receipt # 4653002368. (Brucella, Michelle) (Entered: 07/09/2009)

July 8, 2009

July 8, 2009

PACER
25

MOTION for Leave to Appear Pro Hac Vice by S.W.. (Babbitt, Theodore) (Entered: 07/15/2009)

July 15, 2009

July 15, 2009

PACER
26

TRANSCRIPT of Proceedings held on 6/29/09, before Judge Go. Court Transcriber FIORE REPORTING AND TRANSCRIPTION SERVICE, Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/10/2009. Redacted Transcript Deadline set for 8/18/2009. Release of Transcript Restriction set for 10/16/2009. (Hong, Loan) (Entered: 07/21/2009)

July 21, 2009

July 21, 2009

PACER
27

FILING FEE: $ 25.00 paid; Receipt # 4653003318. (Brucella, Michelle) (Entered: 07/22/2009)

July 22, 2009

July 22, 2009

PACER
28

Letter MOTION for Discovery by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: # 1 Exhibit Exhibits) (Merson, Jordan) (Entered: 07/31/2009)

2 Exhibit Exhibits

View on PACER

July 31, 2009

July 31, 2009

PACER
29

FILING FEE: $ 25 received on the 25 motion to appear pro hac vice by Stephan Alain Le Clainche; receipt number 4653003509. (Chee, Alvin) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
30

Letter by Administration for Children's Services, City of New York (Schaerf, Carl) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
31

RESPONSE to Motion re 28 Letter MOTION for Discovery. (Delmond, Robert) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

PACER
32

REPLY in Support re 31 Response to Motion filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan) (Entered: 08/04/2009)

Aug. 4, 2009

Aug. 4, 2009

PACER
33

ANSWER to 1 Complaint,, CROSSCLAIM against Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. by Administration for Children's Services, City of New York. (Strikowsky, Bruce) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

PACER
34

AMENDED ANSWER to Plaintiffs' Complaint, CROSSCLAIM against Administration for Children's Services, City of New York by SCO Family of Services, St. Joseph Services for Children, Inc., Heartshare Human Services. (Gallagher, Margo) (Entered: 08/19/2009)

Aug. 19, 2009

Aug. 19, 2009

PACER
35

ANSWER to 34 Amended Answer to Complaint, Crossclaim by Administration for Children's Services, City of New York. (Strikowsky, Bruce) (Entered: 09/02/2009)

Sept. 2, 2009

Sept. 2, 2009

PACER
36

THIRD PARTY COMPLAINT against Judith Leekin, Desmond Leekin, Anthony Vernon Leekin, Carol Leekin, Ishmattie Nagassar/Asman, Anita Lexame, Ralph Squitteri, Rhonda Morgan, Edwin Gould Services for Children, Sabrina Collins, Lystra Lewis, Mia Karenga, Cheryl Jack, Claudette Jackson, Theresa Smith, Thelma Bowes, filed by Administration for Children's Services, City of New York. (Strikowsky, Bruce) (Entered: 09/15/2009)

Sept. 15, 2009

Sept. 15, 2009

PACER
37

Letter to Hon. Marilyn D. Go by Administration for Children's Services, City of New York (Strikowsky, Bruce) (Entered: 09/15/2009)

Sept. 15, 2009

Sept. 15, 2009

PACER
38

REPLY in Opposition to ECF Document 37, City defendants' Letter filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan) (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
39

Second MOTION for Extension of Time to Complete Discovery by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert) (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
40

Letter MOTION for Discovery Extension to File Discovery Responses by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan) (Entered: 09/17/2009)

Sept. 17, 2009

Sept. 17, 2009

PACER
41

Letter MOTION for pre motion conference Pursuant to FRCP Rule 14 by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
42

Letter to Judge Eric N. Vitaliano by Administration for Children's Services, City of New York (Schaerf, Carl) (Entered: 11/09/2009)

Nov. 9, 2009

Nov. 9, 2009

PACER
43

Letter MOTION for Hearing Agenda for the Compliance Conference by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

PACER
46

Letter dated 11/05/09 from Carole Lee Kin to Clerk of Court, responding to allegations. (Galeano, Sonia) (Entered: 11/13/2009)

Nov. 10, 2009

Nov. 10, 2009

PACER
47

ANSWER to 36 Third Party Complaint by Carol Leekin. (Brucella, Michelle) (Entered: 11/16/2009)

Nov. 10, 2009

Nov. 10, 2009

PACER
44

Letter to Magistrate Judge Marilyn D. Go in response to plaintiffs' submission dated November 10, 2009 by City of New York (Schaerf, Carl) (Entered: 11/12/2009)

Nov. 12, 2009

Nov. 12, 2009

PACER
49

THIRD-PARTY DEFT THELMA BOWES' ANSWER to 36 Third Party Complaint and Affirmative Defenses. (Galeano, Sonia) (Entered: 11/17/2009)

Nov. 13, 2009

Nov. 13, 2009

PACER
48

NOTICE of Appearance by Matthew James Kelly on behalf of Administration for Children's Services, City of New York (aty to be noticed) (Kelly, Matthew) (Entered: 11/16/2009)

Nov. 16, 2009

Nov. 16, 2009

PACER
50

First MOTION for Joinder by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER
51

Letter MOTION to Amend/Correct/Supplement 36 Third Party Complaint, by City of New York. (Strikowsky, Bruce) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER
52

TRANSCRIPT of Proceedings held on 11/13/09, before Judge Go. Court Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/11/2009. Redacted Transcript Deadline set for 12/21/2009. Release of Transcript Restriction set for 2/18/2010. (Hong, Loan) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER
53

RESPONSE in Opposition re 50 First MOTION for Joinder filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan) (Entered: 11/30/2009)

Nov. 30, 2009

Nov. 30, 2009

PACER
54

Letter MOTION for Discovery /Amend Discovery Schedule by City of New York. (Schaerf, Carl) (Entered: 12/01/2009)

Dec. 1, 2009

Dec. 1, 2009

PACER
55

3rd PARTY DEFT CHERYL JACK'S ANSWER to the 36 Third Party Complaint and Affirmative Defenses, filed by Cheryl Jack. (Galeano, Sonia) (Please Note: that 3rd Party Deft Cheryl Jack's Address was not noted on this document) (Entered: 12/11/2009)

Dec. 10, 2009

Dec. 10, 2009

PACER
56

RESPONSE to Motion re 50 First MOTION for Joinder Clarification of Order filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan) (Entered: 12/15/2009)

Dec. 15, 2009

Dec. 15, 2009

PACER
57

MOTION for pre motion conference by Ralph Squitteri. (Kutner, Charles) (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

PACER
58

NOTICE of Appearance by Charles E. Kutner on behalf of Ralph Squitteri (notification declined or already on case) (Kutner, Charles) (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

PACER
59

ANSWER to Complaint, Third Party CROSSCLAIM against Judith Leekin by Ralph Squitteri. (Kutner, Charles) (Entered: 12/21/2009)

Dec. 21, 2009

Dec. 21, 2009

PACER
60

NOTICE of Appearance by Kevin J. Brennan on behalf of Carol Leekin (aty to be noticed) (Brennan, Kevin) (Entered: 12/21/2009)

Dec. 21, 2009

Dec. 21, 2009

PACER
61

Letter MOTION for Extension of Time to File Motions for Protective Orders by City of New York. (Schaerf, Carl) (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

PACER
62

Second THIRD PARTY COMPLAINT against Thelma Bowes, Sabrina Collins, Claudette Jackson, Mia Karenga, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Lystra Lewis, Ishmattie Nagassar/Asman, Theresa Smith, Ralph Squitteri, VONTRELL/STEPHANIE LEEKIN, Barbara G. Raikes/Smith, Anita Lezame, Cheryl Jack Ellison, filed by SCO Family of Services, St. Joseph Services for Children, Inc., Heartshare Human Services. (Gallagher, Margo) (Entered: 01/07/2010)

Jan. 7, 2010

Jan. 7, 2010

PACER
63

Letter MOTION to Compel by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: # 1 Exhibit A-P) (Talenfeld, Howard) (Entered: 01/08/2010)

2 Exhibit A-P

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Jan. 8, 2010

Jan. 8, 2010

PACER
64

MOTION for Protective Order by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: # 1 Exhibit A & B) (Talenfeld, Howard) (Entered: 01/08/2010)

2 Exhibit A & B

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Jan. 8, 2010

Jan. 8, 2010

PACER
65

Letter Motion to Compel by City of New York (Schaerf, Carl) Modified on 2/5/2010 (DeVeaux, Yvonne). (Entered: 01/08/2010)

Jan. 8, 2010

Jan. 8, 2010

PACER
66

MOTION for Protective Order by Administration for Children's Services, City of New York. (Attachments: # 1 Memorandum in Support, # 2 Affidavit in Support, # 3 Affidavit in Support, # 4 Affidavit of Service) (Schaerf, Carl) (Entered: 01/08/2010)

2 Memorandum in Support

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3 Affidavit in Support

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4 Affidavit in Support

View on PACER

5 Affidavit of Service

View on PACER

Jan. 8, 2010

Jan. 8, 2010

PACER
67

RESPONSE in Opposition re 64 MOTION for Protective Order, 63 Letter MOTION to Compel filed by City of New York. (Strikowsky, Bruce) (Entered: 01/21/2010)

Jan. 21, 2010

Jan. 21, 2010

PACER
68

REPLY in Opposition re 65 Letter from City Defendants dated 1/8/2010 filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: # 1 Exhibit A. Plaintiff's Letter regarding discovery/retainer, # 2 Exhibit B.Defendant's Letter regarding discovery/retainer) (Talenfeld, Howard) (Entered: 01/21/2010)

2 Exhibit A. Plaintiff's Letter regarding discovery/retainer

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3 Exhibit B.Defendant's Letter regarding discovery/retainer

View on PACER

Jan. 21, 2010

Jan. 21, 2010

PACER
69

MEMORANDUM in Opposition re 66 MOTION for Protective Order filed on 1/8/2010 by City Defendants filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: # 1 Exhibit A. ACS Organizational Chart) (Talenfeld, Howard) (Entered: 01/21/2010)

2 Exhibit A. ACS Organizational Chart

View on PACER

Jan. 21, 2010

Jan. 21, 2010

PACER
70

EXHIBIT A: Amended ACS Organizational Chart by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. Related document: 69 Memorandum in Opposition, filed by C.B., L.J. and J.G., S.W., T.L., S.B. and R.E., J.B., J.L.. (Talenfeld, Howard) (Entered: 01/22/2010)

Jan. 22, 2010

Jan. 22, 2010

PACER
71

First MOTION for Extension of Time to File opposition by Ralph Squitteri. (Kutner, Charles) (Entered: 01/22/2010)

Jan. 22, 2010

Jan. 22, 2010

PACER
72

ANSWER to 62 Third Party Complaint by Thelma Bowes. (Brucella, Michelle) (Entered: 01/27/2010)

Jan. 26, 2010

Jan. 26, 2010

PACER
73

Motion for an extension of time to accomplish service on certain third-party defendants by City of New York (Schaerf, Carl) Modified on 2/5/2010 (Kuzycz, Motria). (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

PACER
74

Letter MOTION to Dismiss Second Third Party Complaint by Ralph Squitteri. Responses due by 1/28/2010 (Kutner, Charles) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

PACER
75

RESPONSE in Opposition re 66 MOTION for Protective Order filed by Ralph Squitteri. (Kutner, Charles) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

PACER
76

REPLY in Support re 66 MOTION for Protective Order and in further support of motion to compel production of retainer agreements filed by City of New York. (Strikowsky, Bruce) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

PACER
77

REPLY in Support re 64 MOTION for Protective Order, 63 Letter MOTION to Compel, REPLY in Opposition re 73 Letter Requesting Extension of Time to Effectuate Service filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Talenfeld, Howard) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

PACER
78

Letter to Magistrate Judge Marilyn D. Go by City of New York (Schaerf, Carl) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
79

Letter to Magistrate Judge Go re: City Defendants' Privileged documents by City of New York (Kelly, Matthew) (Entered: 02/02/2010)

Feb. 2, 2010

Feb. 2, 2010

PACER
80

Letter MOTION to Substitute Attorney by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: # 1 Supplement Notices of Appearance) (Merson, Jordan) (Entered: 02/03/2010)

2 Supplement Notices of Appearance

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Feb. 3, 2010

Feb. 3, 2010

PACER
81

Minute entry for proceedings held before Magistrate Judge Marilyn D. Go on 2/4/10. Appearances by Theodore Babbitt, Jennifer Pearl and Marcia Lowry for plaintiffs; Carl Schaerf, Bruce Strikowsky, Matthew Kelly and Allison Fihma for the City defendants; Robert Delmond for the Agency defendants; Kevin Brennan for Carol Leekin; and Charles Kuttner for Ralph Squitieri. Argument heard on cross-motions for protective orders [64, 66], cross-motions to compel [63, 65] and the Citys motion for extension of time to serve third-party defendants 73 . Decision reserved on the cross-motions for protective orders implicating various privileges [64, 66]. Rulings made on the record [re 63, 65, 73] are summarized in the attached minute order. The fact discovery deadline is extended to 9/10/10. Next conference scheduled for 5/25/10 at 2:00 p.m. (Tape #FTR 3:17-4:22, 5:09-5:46 and ESR B10/3 1928-end, B10/4 0-2584.) (Kuzycz, Motria) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

RECAP
82

PROTECTIVE ORDER. Ordered by Magistrate Judge Marilyn D. Go on 2/5/2010. (Attachments: # 1 Confidentiality Order) (Chee, Alvin) (Entered: 02/05/2010)

2 Confidentiality Order

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Feb. 5, 2010

Feb. 5, 2010

PACER
83

Second Third Party Defendant's ANSWER to Complaint Second Third Party Complaint, Third Party CROSSCLAIM against Thelma Bowes, Sabrina Collins, Edwin Gould Services for Children, Cheryl Jack Ellison, Claudette Jackson, Mia Karenga, VONTRELL/STEPHANIE LEEKIN, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Lystra Lewis, Anita Lexame, Ishmattie Nagassar/Asman, Barbara G. Raikes/Smith, Theresa Smith by Ralph Squitteri. (Kutner, Charles) (Entered: 02/07/2010)

Feb. 7, 2010

Feb. 7, 2010

PACER
84

STIPULATION Extending Time to Respond by Carol Leekin (Brennan, Kevin) (Entered: 02/10/2010)

Feb. 10, 2010

Feb. 10, 2010

PACER
85

NOTICE of Appearance by Sonya A Smith-Valentine on behalf of Thelma Bowes (aty to be noticed) (Smith-Valentine, Sonya) (Entered: 02/12/2010)

Feb. 12, 2010

Feb. 12, 2010

PACER
86

Cross Claim Defendant's ANSWER to 83 Answer to Complaint, Crossclaim,, by Thelma Bowes. (Smith-Valentine, Sonya) (Entered: 02/12/2010)

Feb. 12, 2010

Feb. 12, 2010

PACER
87

AMENDED THIRD PARTY COMPLAINT against Thelma Bowes, Sabrina Collins, Edwin Gould Services for Children, Cheryl Jack, Claudette Jackson, Mia Karenga, VONTRELL/STEPHANIE LEEKIN, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Lystra Lewis, Anita Lexame, Rhonda Morgan, Ishmattie Nagassar/Asman, Ralph Squitteri, filed by Administration for Children's Services, City of New York. (Strikowsky, Bruce) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

PACER
88

Third Party ANSWER to 87 Amended Third Party Complaint, City of New York, Administration for Children's Services, Third Party CROSSCLAIM against Thelma Bowes, Sabrina Collins, Edwin Gould Services for Children, Cheryl Jack, Claudette Jackson, Mia Karenga, VONTRELL/STEPHANIE LEEKIN, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Lystra Lewis, Anita Lexame, Rhonda Morgan, Ishmattie Nagassar/Asman by Ralph Squitteri. (Kutner, Charles) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
89

Letter Motion for extension of time to serve process in Trinidad by City of New York (Strikowsky, Bruce) Modified on 2/24/2010 (DeVeaux, Yvonne (Entered: 02/23/2010)

Feb. 23, 2010

Feb. 23, 2010

PACER
90

ANSWER to 87 Amended Third Party Complaint, by Thelma Bowes. (Smith-Valentine, Sonya) (Entered: 02/24/2010)

Feb. 24, 2010

Feb. 24, 2010

PACER
91

ANSWER to 88 Answer to Amended Third Party Complaint, Crossclaim,, by Thelma Bowes. (Smith-Valentine, Sonya) (Entered: 02/24/2010)

Feb. 24, 2010

Feb. 24, 2010

PACER
92

ANSWER to 83 Answer to Complaint, Crossclaim,, 88 Answer to Amended Third Party Complaint, Crossclaim,, Ralph Squitieri's Crossclaim, and her ANSWER to 83 Answer to Complaint, Crossclaim,, 88 Answer to Amended Third Party Complaint, Crossclaim,, Ralph Squitieri's Crossclaim by Carol Leekin. (Brennan, Kevin) (Entered: 03/03/2010)

March 3, 2010

March 3, 2010

PACER
93

STIPULATION re 87 Amended Third Party Complaint, extending time to respond by Carol Leekin (Brennan, Kevin) (Entered: 03/05/2010)

March 5, 2010

March 5, 2010

PACER
94

RESPONSE to Discovery Request by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert) (Entered: 03/12/2010)

March 12, 2010

March 12, 2010

PACER
95

NOTICE to Take Deposition by SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert) (Entered: 03/24/2010)

March 24, 2010

March 24, 2010

PACER
96

NOTICE of Appearance by Thomas A. Catalano on behalf of Edwin Gould Services for Children (aty to be noticed) (Catalano, Thomas) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

PACER
97

Corporate Disclosure Statement by Edwin Gould Services for Children (Catalano, Thomas) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

PACER
98

ANSWER to 87 Amended Third Party Complaint,, CROSSCLAIM against Thelma Bowes, Sabrina Collins, Cheryl Jack Ellison, Heartshare Human Services, Cheryl Jack, Claudette Jackson, Mia Karenga, VONTRELL/STEPHANIE LEEKIN, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Lystra Lewis, Anita Lexame, Anita Lezame, Rhonda Morgan, Ishmattie Nagassar/Asman, SCO Family of Services, Ralph Squitteri, St. Joseph Services for Children, Inc. by Edwin Gould Services for Children. (Catalano, Thomas) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

PACER
99

Answer to the crossclaim of third-party defendant Dr. Ralph Squitieri s/h/a as Dr. Ralph Squitteri ANSWER to 88 Answer to Amended Third Party Complaint, Crossclaim,, by Edwin Gould Services for Children. (Catalano, Thomas) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

PACER
100

NOTICE of Appearance by Richard Eniclerico on behalf of Edwin Gould Services for Children (aty to be noticed) (Eniclerico, Richard) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

PACER
101

Letter MOTION for Discovery requesting a conference before Magistrate Go to discuss a revised discovery schedule by Edwin Gould Services for Children. (Eniclerico, Richard) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

PACER

Case Details

State / Territory: New York

Case Type(s):

Child Welfare

Key Dates

Filing Date: April 29, 2009

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Nine former foster children with special needs.

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

City of New York (New York), City

St. Joseph Services for Children, Inc. (New York), Private Entity/Person

Heartshare Human Services (New York), Private Entity/Person

SCO Family of Services (New York), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 27,200,000

Order Duration: 2012 - 2043

Issues

General:

Foster care (benefits, training)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Mental Disability:

Intellectual/developmental disability, unspecified