Case: Elisa W. v. City of New York

1:15-cv-05273 | U.S. District Court for the Southern District of New York

Filed Date: July 8, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 8, 2015, a group of ten children in the foster care system and the Public Advocate of New York filed this class-action lawsuit in the U.S. District Court for the Southern District of New York. Represented by private counsel, nonprofit advocacy organization A Better Childhood, and the office of the New York Public Advocate, the plaintiffs brought this action against New York City, the New York City Administration for Children Services (ACS), New York State, and the New York State Office …

On July 8, 2015, a group of ten children in the foster care system and the Public Advocate of New York filed this class-action lawsuit in the U.S. District Court for the Southern District of New York. Represented by private counsel, nonprofit advocacy organization A Better Childhood, and the office of the New York Public Advocate, the plaintiffs brought this action against New York City, the New York City Administration for Children Services (ACS), New York State, and the New York State Office of Children and Family Services (OCFS), under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202. The case was assigned to Judge Laura Taylor Swain.

The plaintiffs alleged violations of the First, Ninth and Fourteenth Amendments to the U.S. Constitution, the Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. § 670 et seq., common law contractual claims, and state social services laws on timely and adequate provision of adoption and foster case management services. Specifically, the complaint alleged that the defendants caused irreparable harm to the plaintiffs by their failure to protect the children in ACS custody from maltreatment, to provide the children with permanent homes and families within a reasonable time, and to provide foster placements and services that ensure the well-being of the children. The complaint also alleged that the defendants failed to remedy the systemic deficiencies plaguing NYC’s child welfare system by the city defendants’ failure to exercise adequate and meaningful oversight over contract agencies; the defendants’ failure to ensure an adequately staffed and appropriately trained child welfare workforce, to address deficiency in the processes to make improvements foster placements in NYC, to ensure meaningful case plans and service plans for foster children are developed and implemented, and to ensure timely adjudication of family court proceedings.

The plaintiffs also moved for class certification along with the complaint. The case proceeded with discovery under U.S. Magistrate Judge Henry B. Pitman.

On October 20, 2015, the state defendants filed a proposed settlement agreement with the court, requiring a more rigorous monitoring of the city foster care system. The proposed settlement required OFCS to hire a monitor and a research expert to review and assess the operations of NYC Foster Care system including the placement process, the cause of maltreatment of children, the availability and appropriateness of services, and the recruitment of an appropriate and sufficient array of placements for children in the foster care system.

The monitor would submit quarterly reports to the OCFS who, with ACS, would determine actions necessary to address any findings. The research expert would conduct annual reviews of case record samples of children in the custody of ACS to determine compliance with state and federal laws. If the expert found substantial non-compliance, the expert would write a written individual case report which will be shared with ACS and OCFS who would then be required to work with the voluntary agency in breach of the law to conduct a corrective action. For any corrective action plans, ACS would report to OCFS on a quarterly basis on the status and follow-up measures.

The settlement was not approved for several months due to procedural complications, including the required fairness hearing. Both the city defendants and various organizations that represent foster children in the family court objected to the settlement, although neither were parties to the action. The city attempted unsuccessfully to have the court stay all proceedings in the case, including the approval of the settlement agreement with the state.

On April 22, 2016, U.S. District Judge Laura Taylor Swain entered an order to preliminarily approve the consent decree subject to the rights of individual class members to challenge the settlement agreement and to show why a final judgment dismissing this case against State Defendants should not be entered following a fairness hearing. In the same opinion, the court conditionally certified the class for purposes of providing notice, but the formal class certification is pending.

On July 12, 2016, the court granted Parent Advocates and Children's Advocates motion to intervene. 2016 WL 3960558.

On August 12, 2016, the magistrate judge denied the plaintiffs' motion for final approval of the settlement and vacated the conditional certification of the class. 2016 WL 4367969. First, the judge held that the settlement lacked procedural fairness, because the settlement was drafted a week after the complaint was filed in the absence of any meaningful discovery into the merits of the claims. Second, the court held that the settlement would not save much expense of the litigation, because even if the settlement with the State defendants was approved, the plaintiffs had to continue the litigation with the City defendants. Third, the court heavily weighed on the intervenors' concerns that the consent decree had inadequate provisions. The intervenors expressed their concerns about the consent decree that the roles and objectives of the Research Expert and Monitor were vague, remedies did not address the alleged civil rights violations, and the seven-year covenant not to sue is unprecedented in its duration. Lastly, the judge held that the corrective actions defined in the Consent Decree were not specific enough and therefore the plaintiffs would be able to gain more robust remedies if they were to prevail at trial.

On September 12, 2016, the district court granted the city defendants' motion to dismiss plaintiffs' AACWA claims premised on 42 U.S.C. §§ 671(a)(10) and 671(a)(22), statutes regulating the state plan for foster care and adoption assistance. In the same opinion and order, the judge dismissed claims asserted against ACS and Commissioner Carrion, without prejudice to the litigation of those claims as against the Defendant City. 2016 WL 4750178.

On September 27, 2016, Judge Swain denied class certification without prejudice to renewal. She held that here, the request for class certification failed to meet commonality, typicality, and adequate representation. Namely, Judge Swain held that the consistency of plaintiffs’ broad assertions in the amended complaint were questionable in that problems (such as mental health issues, undue length of time in foster care, and lack of successful resolution of obstacles to family reunification) are attributable to faulty management and oversight of the foster care system. Therefore, she held that certification of a broad unitary class of children who are or will be in foster care was not appropriate.

On November 16, 2016, the defendants filed a motion for partial summary judgment, arguing that the case was moot as to six of the nineteen plaintiffs who had since left foster care since those six plaintiffs no longer had a basis to assert claims for equitable relief. On January 25, 2017, the plaintiffs voluntarily dismissed the State of New York and the New York State OCFS from the case.

On July 30, 2019, the plaintiffs filed a renewed motion for class certification. The motion has yet to be decided and the case remains pending as of April 15, 2021.

Summary Authors

Soojin Cha (10/17/2016)

Lisa Limb (5/7/2019)

Rachel Harrington (4/15/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4355506/parties/elisa-w-v-the-city-of-new-york/


Judge(s)

Cave, Sarah L. (New York)

Pitman, Henry B. (New York)

Swain, Laura Taylor (New York)

Wood, Kimba Maureen (New York)

Attorneys(s) for Plaintiff

Botnick, Claire (New York)

Clarke, Justin Conrad (New York)

Jaffe, Sarah (New York)

James, Letitia (New York)

Jamison, Molly Montgomery (New York)

Lamorte, Rachel Jennifer (New York)

Judge(s)

Cave, Sarah L. (New York)

Pitman, Henry B. (New York)

Swain, Laura Taylor (New York)

Wood, Kimba Maureen (New York)

Attorneys(s) for Plaintiff

Botnick, Claire (New York)

Clarke, Justin Conrad (New York)

Jaffe, Sarah (New York)

James, Letitia (New York)

Jamison, Molly Montgomery (New York)

Lamorte, Rachel Jennifer (New York)

Levy, Jennifer (New York)

Lowry, Marcia Robinson (New York)

North, Julie A. (New York)

Peles, Nicole M. (New York)

Reents, Scott Bartron (New York)

Slifkin, Daniel (New York)

Sukiennik, Brittany Lynn (New York)

Thomas-Jensen, Molly Anne (New York)

Attorneys(s) for Defendant

Arz, Roderick Leopold (New York)

Blanchette, Antoinette W (New York)

Buchalter, Samantha Leigh (New York)

Chomski, Cara B. (New York)

David, Alphonso B. (New York)

Forster, Ian William (New York)

Giovanatti, Neil Anthony (New York)

Jacob, Agnetha Elizabeth (New York)

Lively, Lauren Almquist (New York)

Pines, Jonathan (New York)

Simon, Jennifer C. (New York)

Sprayregen, Sharon (New York)

Other Attorney(s)

Barenholtz, Celia Goldwag (New York)

Cordova, Victoria Anna Foltz (Pennsylvania)

Flynn-Fitzsimmons, Luke Xavier (New York)

Freedman, Karen J. (New York)

Freeman, Lisa (New York)

Hamilton, Charles Jordan (New York)

Kramer, Betsy (New York)

Levi, Daniel H (New York)

Moser, Theresa B. (New York)

Soloway, Audra Jan (New York)

Steckler, Tamara A (New York)

Turner, Stephanie B (New York)

Wilson, Kara Corinne (New York)

Documents in the Clearinghouse

Document

1:15-cv-05273

Docket [PACER]

Elisa W. v. The City of New York

April 2, 2021

April 2, 2021

Docket
1

1:15-cv-05273

Class Action Complaint for Injunctive and Declaratory Relief

July 8, 2015

July 8, 2015

Complaint
50

1:15-cv-05273

[Proposed] Consent Decree

Oct. 20, 2015

Oct. 20, 2015

Settlement Agreement
91

1:15-cv-05273

Amended Complaint

Dec. 29, 2015

Dec. 29, 2015

Complaint
154

1:15-cv-05273

ORDER PRELIMINARILY APPROVING SETTLEMENT

April 22, 2016

April 22, 2016

Order/Opinion
216

1:15-cv-05273

Memorandum Order

2016 WL 3960558

July 12, 2016

July 12, 2016

Order/Opinion
259

1:15-cv-05273

Memorandum Opinion & Order

2016 WL 4367969

Aug. 12, 2016

Aug. 12, 2016

Order/Opinion
278

1:15-cv-05273

Opinion and Order

2016 WL 4750178

Sept. 12, 2016

Sept. 12, 2016

Order/Opinion

Fact Sheet: Elisa W. v. City of New York

No Court

None

None

Other

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4355506/elisa-w-v-the-city-of-new-york/

Last updated Aug. 4, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Gladys Carrion, New York City Administration for Childrens Services, New York State Office of Children and Family Services, SHEILA J. POOLE, State Of New York, The City Of New York,. Document filed by XAVION M., THIERRY E., DAMEON C., BRITTNEY W., ALEXANDRIA R, TYRONE M., AYANNA J., ELISA W, Letitia James, OLIVIA and ANA-MARIA R.. (Attachments: # 1 Appendix A, # 2 Exhibit 1)(North, Julie) (Entered: 07/08/2015)

1 Appendix A

View on PACER

2 Exhibit 1

View on PACER

July 8, 2015

July 8, 2015

RECAP
2

REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: 1 Complaint,. Document filed by DAMEON C., THIERRY E., AYANNA J., Letitia James, TYRONE M., XAVION M., ALEXANDRIA R, OLIVIA and ANA-MARIA R., ELISA W, BRITTNEY W.. (North, Julie) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

RECAP
3

REQUEST FOR ISSUANCE OF SUMMONS as to New York City Administration for Children's Services, re: 1 Complaint,. Document filed by DAMEON C., THIERRY E., AYANNA J., Letitia James, TYRONE M., XAVION M., ALEXANDRIA R, OLIVIA and ANA-MARIA R., ELISA W, BRITTNEY W.. (North, Julie) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

RECAP
4

REQUEST FOR ISSUANCE OF SUMMONS as to Gladys Carrion, re: 1 Complaint,. Document filed by DAMEON C., THIERRY E., AYANNA J., Letitia James, TYRONE M., XAVION M., ALEXANDRIA R, OLIVIA and ANA-MARIA R., ELISA W, BRITTNEY W.. (North, Julie) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

RECAP
5

REQUEST FOR ISSUANCE OF SUMMONS as to The State of New York, re: 1 Complaint,. Document filed by DAMEON C., THIERRY E., AYANNA J., Letitia James, TYRONE M., XAVION M., ALEXANDRIA R, OLIVIA and ANA-MARIA R., ELISA W, BRITTNEY W.. (North, Julie) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

RECAP
6

REQUEST FOR ISSUANCE OF SUMMONS as to The New York State Office of Children and Family Services, re: 1 Complaint,. Document filed by DAMEON C., THIERRY E., AYANNA J., Letitia James, TYRONE M., XAVION M., ALEXANDRIA R, OLIVIA and ANA-MARIA R., ELISA W, BRITTNEY W.. (North, Julie) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

RECAP
7

REQUEST FOR ISSUANCE OF SUMMONS as to Sheila J. Poole, re: 1 Complaint,. Document filed by DAMEON C., THIERRY E., AYANNA J., Letitia James, TYRONE M., XAVION M., ALEXANDRIA R, OLIVIA and ANA-MARIA R., ELISA W, BRITTNEY W.. (North, Julie) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

RECAP
8

CIVIL COVER SHEET filed. (North, Julie) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

RECAP
9

MOTION to Certify Class . Document filed by DAMEON C., THIERRY E., AYANNA J., Letitia James, TYRONE M., XAVION M., ALEXANDRIA R, OLIVIA and ANA-MARIA R., ELISA W, BRITTNEY W..(North, Julie) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER
10

DECLARATION of Marcia Robinson Lowry in Support re: 9 MOTION to Certify Class .. Document filed by DAMEON C., THIERRY E., AYANNA J., Letitia James, TYRONE M., XAVION M., ALEXANDRIA R, OLIVIA and ANA-MARIA R., ELISA W, BRITTNEY W.. (North, Julie) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER
11

DECLARATION of Julie A. North in Support re: 9 MOTION to Certify Class .. Document filed by DAMEON C., THIERRY E., AYANNA J., Letitia James, TYRONE M., XAVION M., ALEXANDRIA R, OLIVIA and ANA-MARIA R., ELISA W, BRITTNEY W.. (North, Julie) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER
12

MEMORANDUM OF LAW in Support re: 9 MOTION to Certify Class . . Document filed by DAMEON C., THIERRY E., AYANNA J., Letitia James, TYRONE M., XAVION M., ALEXANDRIA R, OLIVIA and ANA-MARIA R., ELISA W, BRITTNEY W.. (North, Julie) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER

Case Opening Fee Paid electronically via Pay.gov: for 1 Complaint,. Filing fee $ 400.00. Pay.gov receipt number 0208-11125169, paid on 7/8/2015. (laq)

July 8, 2015

July 8, 2015

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Julie A. North. The party information for the following party/parties has been modified: Dameon C., Thierry E., Ayanna J., Tyrone M., Xavion M., Shiela J. Poole, Alexanddria R., Ana-Maria R., The City of New York, Brittney W. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (laq)

July 9, 2015

July 9, 2015

PACER

***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Julie North. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42cv1983dr. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42cv1983. (laq)

July 9, 2015

July 9, 2015

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (laq)

July 9, 2015

July 9, 2015

PACER

Magistrate Judge Henry B. Pitman is so designated. (laq)

July 9, 2015

July 9, 2015

PACER

Case Designated ECF. (laq)

July 9, 2015

July 9, 2015

PACER
13

ELECTRONIC SUMMONS ISSUED as to Gladys Carrion. (laq) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
14

ELECTRONIC SUMMONS ISSUED as to City of New York. (laq) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
15

ELECTRONIC SUMMONS ISSUED as to New York State Office of Children and Family Services. (laq) (Main Document 15 replaced on 7/9/2015) (laq). (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
16

ELECTRONIC SUMMONS ISSUED as to Sheila J. Poole. (laq) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
17

ELECTRONIC SUMMONS ISSUED as to New York City Administration for Childrens Services. (laq) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
18

ELECTRONIC SUMMONS ISSUED as to State Of New York. (laq) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
19

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Gladys Carrion served on 7/9/2015, answer due 7/30/2015. Service was accepted by B. Mazyck, New York City Law Department. Document filed by Dameon C.; Alexandria R.; ELISA W; Xavion M.; Thierry E.; Brittney W.; Tyrone M.; Ayanna J.; Letitia James; Ana-Maria R.. (North, Julie) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
20

SUMMONS RETURNED EXECUTED Summons and Complaint, served. City of New York served on 7/9/2015, answer due 7/30/2015. Service was accepted by B. Mazyck, New York City Law Department. Document filed by Dameon C.; Alexandria R.; ELISA W; Xavion M.; Thierry E.; Brittney W.; Tyrone M.; Ayanna J.; Letitia James; Ana-Maria R.. (North, Julie) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

RECAP
21

SUMMONS RETURNED EXECUTED Summons and Complaint, served. New York City Administration for Childrens Services served on 7/9/2015, answer due 7/30/2015. Service was accepted by B. Mazyck, New York City Law Department. Document filed by Dameon C.; Alexandria R.; ELISA W; Xavion M.; Thierry E.; Brittney W.; Tyrone M.; Ayanna J.; Letitia James; Ana-Maria R.. (North, Julie) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
22

SUMMONS RETURNED EXECUTED Summons and Complaint, served. State Of New York served on 7/9/2015, answer due 7/30/2015. Service was accepted by Bryant Gordon, Office of the Attorney General of the State of New York. Document filed by Dameon C.; Alexandria R.; ELISA W; Xavion M.; Thierry E.; Brittney W.; Tyrone M.; Ayanna J.; Letitia James; Ana-Maria R.. (North, Julie) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

RECAP
23

SUMMONS RETURNED EXECUTED Summons and Complaint, served. New York State Office of Children and Family Services served on 7/9/2015, answer due 7/30/2015. Service was accepted by Kerri Barber, Child Welfare Services. Document filed by Dameon C.; Alexandria R.; ELISA W; Xavion M.; Thierry E.; Brittney W.; Tyrone M.; Ayanna J.; Letitia James; Ana-Maria R.. (North, Julie) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

RECAP
24

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Sheila J. Poole served on 7/9/2015, answer due 7/30/2015. Service was accepted by Kerri Barber, Child Welfare Services. Document filed by Dameon C.; Alexandria R.; ELISA W; Xavion M.; Thierry E.; Brittney W.; Tyrone M.; Ayanna J.; Letitia James; Ana-Maria R.. (North, Julie) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

RECAP
25

CERTIFICATE OF SERVICE of NOTICE OF MOTION FOR CLASS CERTIFICATION, DECLARATION OF MARCIA ROBINSON LOWRY IN SUPPORT OF PLAINTIFF CHILDRENS MOTION FOR CLASS CERTIFICATION, DECLARATION OF JULIE A. NORTH IN SUPPORT OF PLAINTIFF CHILDRENS MOTION FOR CLASS CERTIFICATION and MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF CHILDRENS MOTION FOR CLASS CERTIFICATION served on Gladys Carrion, Commissioner of the New York City Administration for Children's Services, in her official capacity; The City of New York; The New York City Administration for Children's Services on 7/9/15. Service was accepted by B. Mazyck at the New York City Law Department and Bryant Gordon at The Office of the Attorney General for the State of New York. Document filed by Dameon C., Thierry E., Ayanna J., Letitia James, Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W.. (North, Julie) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
26

CERTIFICATE OF SERVICE of NOTICE OF MOTION FOR CLASS CERTIFICATION, DECLARATION OF MARCIA ROBINSON LOWRY IN SUPPORT OF PLAINTIFF CHILDREN'S MOTION FOR CLASS CERTIFICATION, DECLARATION OF JULIE A. NORTH IN SUPPORT OF PLAINTIFF CHILDREN'S MOTION FOR CLASS CERTIFICATION and MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF CHILDREN'S MOTION FOR CLASS CERTIFICATION served on The New York State Office of Children and Family Services on 7/9/15. Service was accepted by Kerri Barber, Child Welfare Services. Document filed by Dameon C., Thierry E., Ayanna J., Letitia James, Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W.. (North, Julie) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
27

CERTIFICATE OF SERVICE of NOTICE OF MOTION FOR CLASS CERTIFICATION, DECLARATION OF MARCIA ROBINSON LOWRY IN SUPPORT OF PLAINTIFF CHILDREN'S MOTION FOR CLASS CERTIFICATION, DECLARATION OF JULIE A. NORTH IN SUPPORT OF PLAINTIFF CHILDREN'S MOTION FOR CLASS CERTIFICATION and MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF CHILDREN'S MOTION FOR CLASS CERTIFICATION served on Sheila J. Poole, Acting Commissioner of the New York State Office of Children and Family Services, in her official capacity on 7/9/15. Service was accepted by Kerri Barber, Child Welfare Services. Document filed by Dameon C., Thierry E., Ayanna J., Letitia James, Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W.. (North, Julie) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
28

NOTICE OF APPEARANCE by Jennifer L. Levy on behalf of Letitia James. (Levy, Jennifer) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

RECAP
29

NOTICE OF APPEARANCE by Neil Anthony Giovanatti on behalf of Gladys Carrion, City of New York, New York City Administration for Childrens Services. (Giovanatti, Neil) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

PACER
30

NOTICE OF APPEARANCE by Marcia Robinson Lowry on behalf of Dameon C., Thierry E., Ayanna J., Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W.. (Lowry, Marcia) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

RECAP
32

INITIAL CONFERENCE ORDER: Initial Conference set for 10/8/2015 at 11:30 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (See Order.) (Signed by Judge Laura Taylor Swain on 7/16/2015) (ajs) (Entered: 07/17/2015)

July 16, 2015

July 16, 2015

RECAP
31

NOTICE OF APPEARANCE by Lauren Almquist Lively on behalf of Gladys Carrion, City of New York, New York City Administration for Childrens Services. (Lively, Lauren) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

PACER
33

ORDER terminating 9 Motion to Certify Class. It is hereby ORDERED, that the above-referenced motion is hereby TERMINATED for purposes of the Court's docket, without prejudice to reinstatement upon application, upon notice to adverse parties and accompanied by the requisite certification; it is further ORDERED, that no response to the motion is required unless a reinstatement application is granted, in which case the time to respond of any adverse party will be calculated from the date of service of the order of reinstatement and in accordance with Local Civil Rule 6.1 of the United States District Court for the Southern District of New York. (As set forth within this Order.) (Signed by Judge Laura Taylor Swain on 7/20/2015) (ajs) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

PACER
34

NOTICE OF APPEARANCE by Jonathan L. Pines on behalf of Gladys Carrion, City of New York, New York City Administration for Childrens Services. (Pines, Jonathan) (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

PACER
35

CERTIFICATE OF SERVICE of Initial Conference Order filed July 16th, 2015 served on City of New York; New York City Administration for Children's Services; State Of New York; New York State Office of Children and Family Services; Gladys Carrion, Commissioner of the New York City Administration for Children's Services, in her official capacity; Sheila J. Poole, Acting Commissioner of the New York State Office of Children and Family Services, in her official capacity on July 27, 2014. Service was made by Mail. Document filed by Dameon C., Thierry E., Ayanna J., Letitia James, Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W.. (North, Julie) (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER
36

FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Laura Taylor Swain from Lauren Almquist Lively dated July 28, 2015. Document filed by Gladys Carrion, City of New York, New York City Administration for Childrens Services.(Lively, Lauren) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
37

CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Laura Taylor Swain from William H. Bristow III dated July 28, 2015. Document filed by New York State Office of Children and Family Services, Sheila J. Poole, State Of New York.(Bristow, William) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

PACER
38

ORDER granting 36 Letter Motion for Extension of Time to Answer. The request is granted. DE #36 resolved. (Signed by Judge Laura Taylor Swain on 7/29/2015) (kl) (Entered: 07/29/2015)

July 29, 2015

July 29, 2015

PACER
39

ORDER granting 37 Letter Motion for Extension of Time to Answer. The request is granted. DE #37 resolved. (Signed by Judge Laura Taylor Swain on 7/29/2015) (kl) (Entered: 07/29/2015)

July 29, 2015

July 29, 2015

PACER
40

LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Laura Taylor Swain from Julie A. North dated August 24, 2015. Document filed by Dameon C., Thierry E., Ayanna J., Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W..(North, Julie) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
41

MEMO ENDORSEMENT on re: 40 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Laura Taylor Swain from Julie A. North dated August 24, 2015. filed by Alexandria R., Brittney W., Olivia R., Tyrone M., Xavion M., Ana-Maria R., Thierry E., Ayanna J., ELISA W, Dameon C. ENDORSEMENT: This discovery dispute is now referred to Magistrate Judge Pitman. Counsel are requested to contact Judge Pitman's Chambers promptly to request the conference. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/31/2015) (ajs) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
42

ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Discovery dispute specified in joint letter of August 24, 2015. (Docket Entry No. 40.) Referred to Magistrate Judge Henry B. Pitman. Motions referred to Henry B. Pitman. (Signed by Judge Laura Taylor Swain on 9/1/2015) (ajs) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
43

LETTER MOTION for Local Rule 37.2 Conference (Pursuant to Judge Swain's September 1, 2015 Orders - Docket Nos. 41 and 42) addressed to Magistrate Judge Henry B. Pitman from Julie A. North dated September 2, 2015. Document filed by Dameon C., Thierry E., Ayanna J., Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W..(North, Julie) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER

A discovery conference is set for 9/14/2015 at 04:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh)

Sept. 8, 2015

Sept. 8, 2015

PACER
44

NOTICE OF APPEARANCE by Nicole Marie Peles on behalf of Dameon C., Thierry E., Ayanna J., Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W.. (Peles, Nicole) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

RECAP

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 9/14/2015. (bh)

Sept. 14, 2015

Sept. 14, 2015

PACER
45

LETTER MOTION to Adjourn Conference addressed to Judge Laura Taylor Swain from Jennifer C. Simon dated September 24, 2015. Document filed by New York State Office of Children and Family Services, Sheila J. Poole, State Of New York.(Simon, Jennifer) (Entered: 09/24/2015)

Sept. 24, 2015

Sept. 24, 2015

PACER
46

LETTER MOTION for Extension of Time under Proposed Modification of Initial Conf. Order addressed to Judge Laura Taylor Swain from Jonathan Pines dated September 24, 2015. Document filed by Gladys Carrion, City of New York, New York City Administration for Childrens Services. (Attachments: # 1 Appendix Initial Conference Order dated 7/16/15)(Pines, Jonathan) (Entered: 09/24/2015)

1 Appendix Initial Conference Order dated 7/16/15

View on PACER

Sept. 24, 2015

Sept. 24, 2015

PACER
47

LETTER MOTION for Conference re: 32 Order for Initial Pretrial Conference, 46 LETTER MOTION for Extension of Time under Proposed Modification of Initial Conf. Order addressed to Judge Laura Taylor Swain from Jonathan Pines dated September 24, 2015., 45 LETTER MOTION to Adjourn Conference addressed to Judge Laura Taylor Swain from Jennifer C. Simon dated September 24, 2015. addressed to Judge Laura Taylor Swain from Nicole M. Peles dated 9/26/15. Document filed by Dameon C., Thierry E., Ayanna J., Letitia James, Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W..(Peles, Nicole) (Entered: 09/26/2015)

Sept. 26, 2015

Sept. 26, 2015

PACER
48

ORDER granting 45 Letter Motion to Adjourn Conference. The foregoing scheduled changes are approved. SO ORDERED. Pretrial Conference set for 1/8/2016 at 10:30 AM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 9/25/2015) (ajs) (Entered: 09/28/2015)

Sept. 28, 2015

Sept. 28, 2015

PACER
49

ORDER: A conference having been held in this matter on September 14, 2015 during which a dispute concerning the protective order was discussed, after hearing counsel for all parties, for the reasons stated on the record in open court, it is hereby ORDERED that: 1. Plaintiffs' application to require the inclusion of an anti-retaliatory provision in the protective order is denied without prejudice to renewal for good cause shown. If plaintiffs have reason to believe that defendants are engaging in retaliatory conduct, they are encouraged to bring such conduct to my attention promptly. (Signed by Magistrate Judge Henry B. Pitman on 10/6/2015) Copies Sent By Chambers. (lmb) (Entered: 10/06/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER
50

SETTLEMENT AGREEMENT . Document filed by Letitia James.(Levy, Jennifer) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

RECAP
51

ORDER: A proposed Consent Decree resolving the above-captioned action as against the State Defendants was filed on the electronic docket on October 20, 2105. (Docket Entry No. 50.) This Consent Decree calls for certification of the proposed class in connection with settlement. The parties are hereby reminded that the settlement of a certified class action requires approval under Federal Rule of Civil Procedure 23(e), through procedures including notice, a hearing and the submission of evidence establishing that the settlement is fair, reasonable and adequate. The parties are hereby directed to consult with each other and propose to the Court by October 26, 2015, a schedule for the necessary motion practice. The proposal must be set forth in a letter filed on the ECF system, with a courtesy copy provided to Chambers as required by the Individual Practice Rules of the undersigned. (Signed by Judge Laura Taylor Swain on 10/22/2015) (mro) (Entered: 10/23/2015)

Oct. 22, 2015

Oct. 22, 2015

PACER
52

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference regarding disclosure of Plaintiff Children's identities to their Family Court attorneys, parents/guardians, and parents'/guardians' attorneys -- addressed to Judge Laura Taylor Swain from Jonathan Pines dated 10/23/15. Document filed by Gladys Carrion, City of New York, New York City Administration for Childrens Services.(Pines, Jonathan) Modified on 10/27/2015 (ldi). (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
53

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED LETTER MOTION for Conference (supplying previously omitted exhibit) addressed to Judge Laura Taylor Swain from Jonathan Pines dated 10/23/15. Document filed by Gladys Carrion, City of New York, New York City Administration for Childrens Services. (Attachments: # 1 Appendix Advocates' Press Statement)(Pines, Jonathan) Modified on 10/27/2015 (ldi). (Entered: 10/23/2015)

1 Appendix Advocates' Press Statement

View on PACER

Oct. 23, 2015

Oct. 23, 2015

PACER
54

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND LETTER MOTION for Conference (2d amended letter, with exhibit) addressed to Judge Laura Taylor Swain from Jonathan Pines dated October 23, 2015. Document filed by Gladys Carrion, City of New York, New York City Administration for Childrens Services. (Attachments: # 1 Appendix Advocates Groups' Press Statement')(Pines, Jonathan) Modified on 10/26/2015 (db). (Entered: 10/25/2015)

1 Appendix Advocates Groups' Press Statement'

View on PACER

Oct. 25, 2015

Oct. 25, 2015

PACER
55

TRANSCRIPT of Proceedings re: Discovery Hearing held on 9/14/2015 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2015. Redacted Transcript Deadline set for 11/30/2015. Release of Transcript Restriction set for 1/27/2016.(ca) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
56

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 09/14/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(ca) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jonathan L. Pines to RE-FILE Document 54 SECOND LETTER MOTION for Conference (2d amended letter, with exhibit) addressed to Judge Laura Taylor Swain from Jonathan Pines dated October 23, 2015. Use the event type Letter found under the event list Other Documents. (db)

Oct. 26, 2015

Oct. 26, 2015

PACER
57

FOURTH LETTER addressed to Judge Laura Taylor Swain from Jonathan Pines dated October 23, 2015 re: Disclosure of Plaintiff Children's names to their Fam. Ct. lawyers, parents/guardians & their Fam. Ct. lawyers. Document filed by Gladys Carrion, City of New York, New York City Administration for Childrens Services. (Attachments: # 1 Appendix Advocate Groups' Press Statement)(Pines, Jonathan) (Entered: 10/26/2015)

1 Appendix Advocate Groups' Press Statement

View on PACER

Oct. 26, 2015

Oct. 26, 2015

PACER
58

JOINT LETTER addressed to Judge Laura Taylor Swain from Nicole M. Peles dated October 26, 2015 re: October 22, 2015 Order regarding scheduling of events relating to the proposed Consent Decree on behalf of Plaintiffs and State Defendants. Document filed by Dameon C., Thierry E., Ayanna J., Letitia James, Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W..(Peles, Nicole) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

PACER
59

LETTER addressed to Judge Laura Taylor Swain from Nicole M. Peles dated October 26, 2015 re: City Defendants' October 23, 2015 request to disclose the identities of Named Plaintiff Children (Dkt. No. 57). Document filed by Dameon C., Thierry E., Ayanna J., Letitia James, Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W.. (Attachments: # 1 Exhibit A)(Peles, Nicole) (Entered: 10/26/2015)

1 Exhibit A

View on PACER

Oct. 26, 2015

Oct. 26, 2015

PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jonathan L. Pines to RE-FILE Document 52 LETTER MOTION for Conference regarding disclosure of Plaintiff Children's identities to their Family Court attorneys, parents/guardians, and parents'/guardians' attorneys -- addressed to Judge Laura Taylor Swain from Jonathan, 53 AMENDED LETTER MOTION for Conference (supplying previously omitted exhibit) addressed to Judge Laura Taylor Swain from Jonathan Pines dated 10/23/15. Use the event type Letter found under the event list Other Documents. (ldi)

Oct. 27, 2015

Oct. 27, 2015

PACER
60

LETTER addressed to Judge Laura Taylor Swain from Vaughn C. Williams dated 10/27/15 re: the October 23, 2015 Request by the City of New York. Document filed by The Legal Aid Society, Lawyers for Children, Inc., The Children's Law Center of New York.(Goldstein, Heidi) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
61

MEMO ENDORSEMENT on re: 58 Letter, filed by Alexandria R., Brittney W., Olivia R., Tyrone M., Xavion M., Ana-Maria R., Thierry E., Letitia James, Ayanna J., ELISA W, Dameon C. ENDORSEMENT: The proposed schedule for initiation of the motion practice is approved. The parties' proposed preliminary approval order should make provision for the setting of the additional dates identified above., ( Motions due by 11/13/2015.) (Signed by Judge Laura Taylor Swain on 10/27/2015) (lmb) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
62

FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR (See #63) LETTER addressed to Judge Laura Taylor Swain from Nicole M. Peles dated October 28, 2015 re: responding to October 27, 2015 letter from Vaughn Williams (ECF docket 160). Document filed by Dameon C., Thierry E., Ayanna J., Letitia James, Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Peles, Nicole) Modified on 10/28/2015 (kj). (Entered: 10/28/2015)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Oct. 28, 2015

Oct. 28, 2015

PACER
63

LETTER addressed to Judge Laura Taylor Swain from Nicole M. Peles dated October 28, 2015 re: the October 27, 2015 letter from Vaughn Williams (Dkt. No. 60). Document filed by Dameon C., Thierry E., Ayanna J., Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Peles, Nicole) (Entered: 10/28/2015)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Oct. 28, 2015

Oct. 28, 2015

PACER
64

ORDER: This matter will be referred to Magistrate Judge Henry B. Pitman for a conference regarding the notice procedure and structure for objections associated with the anticipated motion for class certification. Judge Pitman's Chambers will contact the parties to schedule a conference at a time convenient to all parties. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 10/29/2015) (spo) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
65

ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute Conference regarding notice procedure and structure for objections associated with anticipated motion for class certification. (See Docket Entry Nos. 51, 61 .) Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Laura Taylor Swain on 10/29/2015) (spo) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
66

ORDER: It is my understanding that the parties have reached a tentative settlement in this matter which includes certification of what is currently a putative class. Given the nature of the plaintiffs and the nature of the allegations, this action appears to present unusual issues concerning the method by which notice will be provided to class members and the method by which objections and opt-out notices will be received. Among other things, it is not clear to me to whom notice should be provided nor is it clear how objections should be received. Presumably, objections and opt-out notices must be submitted in a manner that preserves the anonymity of infant class members. Counsel are directed to confer concerning these issues (and any other related issues) and to submit a joint letter to me concerning these matters no later than November 16, 2015. If the parties are unable to agree on a joint proposal, the joint letter should contain each side's proposal. (Signed by Magistrate Judge Henry B. Pitman on 10/30/2015) (kgo) (Entered: 10/30/2015)

Oct. 30, 2015

Oct. 30, 2015

PACER
67

NOTICE OF APPEARANCE by Molly Anne Thomas-Jensen on behalf of Letitia James. (Thomas-Jensen, Molly) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
68

LETTER MOTION for Extension of Time to File Joint Motion for Preliminary Approval and Joint Letter addressed to Magistrate Judge Henry Pitman and addressed to Judge Laura Taylor Swain from Nicole M. Peles dated November 6, 2015. Document filed by Dameon C., Thierry E., Ayanna J., Letitia James, Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W..(Peles, Nicole) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
69

ORDER granting 68 Letter Motion for Extension of Time to File. Application granted. (Signed by Magistrate Judge Henry B. Pitman on 11/9/2015) (lmb) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER

Set/Reset Deadlines: Motions due by 12/11/2015. (lmb)

Nov. 9, 2015

Nov. 9, 2015

PACER
70

LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Laura Taylor Swain from Jonathan Pines dated November 12, 2015. Document filed by Gladys Carrion, City of New York, New York City Administration for Childrens Services. Return Date set for 12/4/2015 at 11:59 PM.(Pines, Jonathan) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
71

LETTER addressed to Judge Laura Taylor Swain from Nicole M. Peles dated November 12, 2015 re: City Defendants' November 12, 2015 request for a two week adjournment of the deadline to respond to the Complaint (ECF No. 70). Document filed by Dameon C., Thierry E., Ayanna J., Letitia James, Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W..(Peles, Nicole) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
72

ORDER granting 70 Letter Motion for Extension of Time to Answer. City Defendant must respond to the Complaint by December 4, 2015. DE #70 resolved. (City of New York answer due 12/4/2015.) (Signed by Judge Laura Taylor Swain on 11/12/2015) (spo) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
73

LETTER MOTION for Extension of Time Regarding Dates Set by Initial Conference Order addressed to Judge Laura Taylor Swain from Jonathan Pines dated 11/17/2015. Document filed by City of New York.(Pines, Jonathan) (Entered: 11/17/2015)

Nov. 17, 2015

Nov. 17, 2015

PACER
74

ORDER granting 73 Letter Motion for Extension of Time. The proposed schedule is approved. The initial pretrial conference will be held on January 22, 2016, at 11:45 AM. DE #73 resolved. (Signed by Judge Laura Taylor Swain on 11/18/2015) (spo) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER

Set/Reset Hearings: Initial Conference set for 1/22/2016 at 11:45 AM before Judge Laura Taylor Swain. (spo)

Nov. 18, 2015

Nov. 18, 2015

PACER
75

MOTION to Certify Class . Document filed by Dameon C., Thierry E., Ayanna J., Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W..(North, Julie) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER
76

MEMORANDUM OF LAW in Support re: 75 MOTION to Certify Class . . Document filed by Dameon C., Thierry E., Ayanna J., Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W.. (North, Julie) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER
77

DECLARATION of Julie A. North in Support re: 75 MOTION to Certify Class .. Document filed by Dameon C., Thierry E., Ayanna J., Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W.. (North, Julie) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER
78

DECLARATION of Marcia Robinson Lowry in Support re: 75 MOTION to Certify Class .. Document filed by Dameon C., Thierry E., Ayanna J., Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W.. (North, Julie) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER
79

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Laura Taylor Swain on 11/24/2015) (lmb) (Entered: 11/24/2015)

Nov. 24, 2015

Nov. 24, 2015

PACER
80

JOINT LETTER MOTION for Extension of Time for Various Deadlines due to Anticipated Filing of Amended Complaint addressed to Judge Laura Taylor Swain from Jonathan Pines dated December 4, 2015. Document filed by Gladys Carrion, City of New York, New York City Administration for Childrens Services.(Pines, Jonathan) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

PACER
81

ORDER granting 80 Letter Motion for Extension of Time for Various Deadlines due to Anticipated Filing of Amended Complaint. The foregoing requests are granted. DE #80 resolved. SO ORDERED. (Amended Pleadings due by 12/28/2015.) (Signed by Judge Laura Taylor Swain on 12/7/2015) (kko) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
82

LETTER MOTION for Extension of Time to File preliminary approval papers and joint letter addressed to Magistrate Judge Henry Pitman and addressed to Judge Laura Taylor Swain from Nicole M. Peles dated December 11, 2015. Document filed by Dameon C., Thierry E., Ayanna J., Letitia James, Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., ELISA W, Brittney W..(Peles, Nicole) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
83

ORDER granting 82 Letter Motion for Extension of Time to File. Application granted. (Signed by Magistrate Judge Henry B. Pitman on 12/14/2015) (lmb) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
84

MEMO ENDORSEMENT on re: 82 LETTER MOTION for Extension of Time to File preliminary approval papers and joint letter addressed to Magistrate Judge Henry Pitman and addressed to Judge Laura Taylor Swain from Nicole M. Peles dated December 11, 2015. filed by Alexandria R., Brittney W., Olivia R., Tyrone M., Xavion M., Ana-Maria R., Thierry E., Letitia James, Ayanna J., ELISA W, Dameon C. ENDORSEMENT: The foregoing schedule modifications are approved, DE #82 resolved. (Signed by Judge Laura Taylor Swain on 12/14/2015) (mro) (Entered: 12/15/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
86

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending 1 Complaint, against All Defendants.Document filed by Olivia R., Dameon C., Alexandria R., ELISA W, Xavion M., Thierry E., Brittney W., Tyrone M., Ayanna J., Letitia James, Ana-Maria R., Valentina T.C., Matthew V., Mikayla G., Myls J., Jose T.C., Lucas T., Emmanuel S., Ximena T., Malik M.. Related document: 1 Complaint, filed by Alexandria R., Brittney W., Tyrone M., Xavion M., Ana-Maria R., Thierry E., Letitia James, Ayanna J., ELISA W, Dameon C.. (Attachments: # 1 Appendix A to Amended Complaint, # 2 Exhibit 1 to Amended Complaint)(North, Julie) Modified on 12/29/2015 (moh). (Entered: 12/28/2015)

1 Appendix A to Amended Complaint

View on RECAP

2 Exhibit 1 to Amended Complaint

View on RECAP

Dec. 28, 2015

Dec. 28, 2015

RECAP
87

MOTION to Certify Class ("Notice of Amended Motion for Class Certification"). Document filed by Dameon C., Thierry E., Mikayla G., Ayanna J., Myls J., Malik M., Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., Emmanuel S., Lucas T., Ximena T., Jose T.C., Valentina T.C., Matthew V., ELISA W, Brittney W..(North, Julie) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
88

MEMORANDUM OF LAW in Support re: 87 MOTION to Certify Class ("Notice of Amended Motion for Class Certification"). . Document filed by Dameon C., Thierry E., Mikayla G., Ayanna J., Myls J., Malik M., Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., Emmanuel S., Lucas T., Ximena T., Jose T.C., Valentina T.C., Matthew V., ELISA W, Brittney W.. (North, Julie) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
89

DECLARATION of Marcia Robinson Lowry in Support re: 87 MOTION to Certify Class ("Notice of Amended Motion for Class Certification").. Document filed by Dameon C., Thierry E., Mikayla G., Ayanna J., Myls J., Malik M., Tyrone M., Xavion M., Alexandria R., Ana-Maria R., Olivia R., Emmanuel S., Lucas T., Ximena T., Jose T.C., Valentina T.C., Matthew V., ELISA W, Brittney W.. (North, Julie) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER

Case Details

State / Territory: New York

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 8, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are ten children abused and neglected in the New York City's foster care system.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

The City of New York (New York), City

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

State of New York, State

NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, State

Case Details

Causes of Action:

Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Adoption

Foster care (benefits, training)

Benefit Source:

Adoption Assistance and Child Welfare Act