Civil Rights Litigation Clearinghouse

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

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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…

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).

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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)

Attorney Contact Information via CourtListener

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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

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Resources

Title	Description		External URL Date / External URL
S.W. v. City of New York Children's Rights	Children’s Rights, along with local co-counsel in Florida and New York, filed this damages lawsuit on April 29, 2009 on behalf of 10 special needs children who were placed under the care of Judith Le…	April 29, 2005	April 29, 2005 https://www.childrensrights.org/...

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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 View on PACER	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 View on PACER	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 View on PACER 3 Affidavit in Support View on PACER 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 View on PACER 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 View on PACER	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 View on PACER	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