Case: Rafferty v. Doar

1:13-cv-01410 | U.S. District Court for the Southern District of New York

Filed Date: March 5, 2013

Closed Date: Oct. 23, 2016

Clearinghouse coding complete

Case Summary

On March 5, 2013, residents of New York City who were substantially limited in their sight and who were also current or former applicants or recipients of food stamps from the Supplemental Nutrition Assistance Program (SNAP) and/or Medicaid filed this class action suit. The plaintiffs were unable to receive their benefits even though they were eligible because they were unable to fill out the necessary applications due to their limited sight. The plaintiffs sued the commissioner of the New York…

On March 5, 2013, residents of New York City who were substantially limited in their sight and who were also current or former applicants or recipients of food stamps from the Supplemental Nutrition Assistance Program (SNAP) and/or Medicaid filed this class action suit. The plaintiffs were unable to receive their benefits even though they were eligible because they were unable to fill out the necessary applications due to their limited sight. The plaintiffs sued the commissioner of the New York Human Resources Administration, the acting commissioner of the New York State Department of Health, the commissioner of the New York Human Resources Administration, and the Office of Temporary Disability Assistance under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and 42 U.S.C. §1983. The case was assigned to Judge Thomas P. Griesa.

On March 12, 2013, the plaintiffs filed a motion for preliminary injunction requiring the defendants to immediately begin providing the plaintiffs, and other similarly situated New York City residents, with alternative formats for communications and applications for Food Stamps and Medicaid. On the same day, the plaintiffs also moved for class certification.

On August 7, 2013 the court certified the class of “ [a]ll New York City Residents who were substantially limited in seeing, who are current or future applicants for or recipients of Food Stamps and/or Medicaid, and who need materials in accessible alternative formats for effective communication regarding the Food Stamps and/or Medicaid program.”

By August 8, 2013, the parties started to meet in hopes of reaching settlement. Because Judge Griesa believed the parties could reach a settlement, he denied the plaintiffs’ motion for a preliminary injunction on December 9, 2013. Over the next two years, the parties engaged in negotiations.

On July 24, 2015, the parties submitted a settlement which the court approved on October 23, 2015. In addition, the court awarded the plaintiffs attorneys’ fees in the amount of $600,000.

In terms of remedies, the settlement agreement stated that the defendants would provide applications in large print and data formats both in person and online. Publications were to be made available in both primary and alternative formats. The application and online MyBenefits pages were to allow for people to inform social services that they were blind or visually impaired and what alternative format they would prefer. These requests for an alternative format must have been honored without requiring medical documentation to support the request. Additionally, the SNAP website was to be altered to ensure that people with differing abilities will be able to submit applications and recertification of SNAP benefits online. Certified readers were to be available by telephone during normal business hours to help applicants understand the SNAP and Medicaid applications and braille alternatives would be available for any person who requests them.

The settlement included a number of date-specific deadlines. It also explained that the district court would retain jurisdiction until a year after that last specified deadline, unless the period was extended by the court. As there are no further entries in the docket after April 13, 2018, and the settlement was set to expire in December 2018, this case is presumed to be closed.

Summary Authors

Cianan Lesley (10/25/2017)

Jake Parker (7/3/2018)

Alex Moody (5/28/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4351870/parties/rafferty-v-doar/


Judge(s)

Freeman, Debra Carol (New York)

Griesa, Thomas Poole (New York)

Attorneys(s) for Plaintiff

Bass, Gregory Lee (New York)

Cohan, Marc (New York)

Daly, Michael (Pennsylvania)

Feltham, Nicholas S. (Pennsylvania)

Hardwick, Maureen Donahue (District of Columbia)

Hartman, Gerald S. (District of Columbia)

LaCheen, Cary (New York)

Link, Joshua Matthew (Pennsylvania)

Judge(s)

Freeman, Debra Carol (New York)

Griesa, Thomas Poole (New York)

Attorneys(s) for Plaintiff

Bass, Gregory Lee (New York)

Cohan, Marc (New York)

Daly, Michael (Pennsylvania)

Feltham, Nicholas S. (Pennsylvania)

Hardwick, Maureen Donahue (District of Columbia)

Hartman, Gerald S. (District of Columbia)

LaCheen, Cary (New York)

Link, Joshua Matthew (Pennsylvania)

Mannix, Mary R. (New York)

Pelaez, Jenny Ross (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Fang, Linda (New York)

Gasior, John P (New York)

Kruk, Carolyn Elizabeth (New York)

Longley, Serena Mabel (New York)

Pines, Jonathan (New York)

Schneiderman, Eric T. (New York)

Documents in the Clearinghouse

Document

1:13-cv-01410

Docket [PACER]

April 13, 2018

April 13, 2018

Docket
1

1:13-cv-01410

Complaint

March 5, 2013

March 5, 2013

Complaint
33

1:13-cv-01410

Stipulation and Order of Class Certification

Aug. 7, 2013

Aug. 7, 2013

Order/Opinion
36

1:13-cv-01410

Proposed Order

Dec. 9, 2013

Dec. 9, 2013

Order/Opinion
61

1:13-cv-01410

Order

Oct. 5, 2015

Oct. 5, 2015

Order/Opinion
62

1:13-cv-01410

Stipulation and Order of Settlement

Oct. 23, 2015

Oct. 23, 2015

Order/Opinion
63

1:13-cv-01410

Stipulation and Order of Settlement for Fees and Costs

Dec. 11, 2015

Dec. 11, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4351870/rafferty-v-doar/

Last updated Aug. 2, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Robert Doar, New York State Department of Health, New York State Office of Temporary and Disability Assistance, Kristin Proud, Nirav Shah, MD, The New York City Human Resources Administration. (Filing Fee $ 350.00, Receipt Number 465401061444)Document filed by Leason Jacob, Megan Rafferty, Diana Gray, Deborah Haynes.(cde) (jd). (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

RECAP
2

MOTION to Certify Class. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. Responses due by 3/22/2013(Pelaez, Jenny) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

PACER
3

DECLARATION of Cary LaCheen, Esq. in Support re: 2 MOTION to Certify Class.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Pelaez, Jenny) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

PACER
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DECLARATION of Gerald S. Hartman, Esq. in Support re: 2 MOTION to Certify Class.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Pelaez, Jenny) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

PACER
5

DECLARATION of Megan Rafferty in Support re: 2 MOTION to Certify Class.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Attachments: # 1 Exhibit, # 2 Exhibit)(Pelaez, Jenny) (Entered: 03/12/2013)

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March 12, 2013

March 12, 2013

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DECLARATION of Deborah Haynes in Support re: 2 MOTION to Certify Class.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Attachments: # 1 Exhibit, # 2 Exhibit)(Pelaez, Jenny) (Entered: 03/12/2013)

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March 12, 2013

March 12, 2013

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DECLARATION of Leason Jacob in Support re: 2 MOTION to Certify Class.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Pelaez, Jenny) (Entered: 03/12/2013)

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March 12, 2013

March 12, 2013

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DECLARATION of Diana Gray in Support re: 2 MOTION to Certify Class.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Pelaez, Jenny) (Entered: 03/12/2013)

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March 12, 2013

March 12, 2013

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9

MEMORANDUM OF LAW in Support re: 2 MOTION to Certify Class.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Pelaez, Jenny) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

PACER
10

MOTION for Preliminary Injunction. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty.(Pelaez, Jenny) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

PACER
11

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Cary LaCheen, Esq. in Support re: 10 MOTION for Preliminary Injunction.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit)(Pelaez, Jenny) Modified on 3/20/2013 (db). (Entered: 03/12/2013)

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March 12, 2013

March 12, 2013

PACER
12

MEMORANDUM OF LAW in Support re: 10 MOTION for Preliminary Injunction.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Pelaez, Jenny) (Entered: 03/12/2013)

March 12, 2013

March 12, 2013

RECAP
13

DECLARATION of Cary LaCheen, Esq. in Support re: 10 MOTION for Preliminary Injunction.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit)(Pelaez, Jenny) (Entered: 03/13/2013)

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March 13, 2013

March 13, 2013

PACER
14

DECLARATION of Megan Rafferty in Support re: 10 MOTION for Preliminary Injunction.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Attachments: # 1 Exhibit, # 2 Exhibit)(Pelaez, Jenny) (Entered: 03/13/2013)

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March 13, 2013

March 13, 2013

PACER
15

DECLARATION of Deborah Haynes in Support re: 10 MOTION for Preliminary Injunction.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Attachments: # 1 Exhibit, # 2 Exhibit)(Pelaez, Jenny) (Entered: 03/13/2013)

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March 13, 2013

March 13, 2013

PACER
16

DECLARATION of Leason Jacob in Support re: 10 MOTION for Preliminary Injunction.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Pelaez, Jenny) (Entered: 03/13/2013)

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March 13, 2013

March 13, 2013

PACER
17

DECLARATION of Diana Gray in Support re: 10 MOTION for Preliminary Injunction.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Pelaez, Jenny) (Entered: 03/13/2013)

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March 13, 2013

March 13, 2013

PACER
18

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Robert Doar served on 3/12/2013, answer due 4/2/2013. Document filed by Leason Jacob; Megan Rafferty; Diana Gray; Deborah Haynes. (Pelaez, Jenny) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
19

SUMMONS RETURNED EXECUTED Summons and Complaint, served. The New York City Human Resources Administration served on 3/12/2013, answer due 4/2/2013. Document filed by Leason Jacob; Megan Rafferty; Diana Gray; Deborah Haynes. (Pelaez, Jenny) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
20

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Kristin Proud served on 3/12/2013, answer due 4/2/2013. Document filed by Leason Jacob; Megan Rafferty; Diana Gray; Deborah Haynes. (Pelaez, Jenny) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
21

SUMMONS RETURNED EXECUTED Summons and Complaint, served. New York State Office of Temporary and Disability Assistance served on 3/12/2013, answer due 4/2/2013. Document filed by Leason Jacob; Megan Rafferty; Diana Gray; Deborah Haynes. (Pelaez, Jenny) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
22

SUMMONS RETURNED EXECUTED Summons and Complaint, served. Nirav Shah, MD served on 3/13/2013, answer due 4/3/2013. Service was accepted by J. Mark Noorsdy, Senior Attorney. Document filed by Leason Jacob; Megan Rafferty; Diana Gray; Deborah Haynes. (Pelaez, Jenny) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
23

SUMMONS RETURNED EXECUTED Summons and Complaint, served. New York State Department of Health served on 3/13/2013, answer due 4/3/2013. Service was accepted by J. Mark Noorsdy, Senior Attorney. Document filed by Leason Jacob; Megan Rafferty; Diana Gray; Deborah Haynes. (Pelaez, Jenny) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
24

NOTICE OF APPEARANCE by Serena Mabel Longley on behalf of Robert Doar (Longley, Serena) (Entered: 03/21/2013)

March 21, 2013

March 21, 2013

PACER
25

NOTICE OF APPEARANCE by Linda Fang on behalf of New York State Department of Health, New York State Office of Temporary and Disability Assistance, Kristin Proud, Nirav Shah, MD (Fang, Linda) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

PACER
26

NOTICE OF CHANGE OF ADDRESS by Caroline G. LaCheen on behalf of All Plaintiffs. New Address: National Center for Law and Economic Justice, 275 Seventh Avenue, Suite 1506, New York, NY, USA 10001, 212-633-6967. (LaCheen, Caroline) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

PACER
27

ENDORSED LETTER addressed to Judge Thomas P. Griesa from Serena Longley dated 3/21/13 re: Counsel writes to request that the time for all defendants to respond to plaintiffs' motion to certify a class be extended from 3/22/13 to 4/22/13. ENDORSEMENT: Approved. Set Deadlines/Hearing as to 2 MOTION to Certify Class:( Responses due by 4/22/2013) (Signed by Judge Thomas P. Griesa on 4/1/2013) (mro) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

PACER
28

STIPULATION AND ORDER FOR EXTENSION OF TIME: Robert Doar answer due 5/10/2013; New York State Department of Health answer due 5/10/2013; New York State Office of Temporary and Disability Assistance answer due 5/10/2013; Kristin Proud answer due 5/10/2013; Nirav Shah, MD answer due 5/10/2013; The New York City Human Resources Administration answer due 5/10/2013. (Signed by Judge Thomas P. Griesa on 4/1/2013) (cd) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

PACER
29

NOTICE OF CHANGE OF ADDRESS by Mary Mannix on behalf of All Plaintiffs. New Address: National Center for Law and Economic Justice, 275 Seventh Ave, Suite 1506, New York, New York, USA 10001, 212-633-6967. (Mannix, Mary) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
30

STIPULATION AND ORDER FOR EXTENSION OF TIME: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED UPON, by and among all parties through their undersigned counsel, as follows: The time for Defendants to respond to the complaint, the motion for class certification, and the motion for preliminary injunction is extended to May 10,2013. This stipulation may be executed in any number of counterparts, all of which taken together shall constitute one stipulation, and may be executed by facsimile or electronically-transmitted signature. SO ORDERED. (Signed by Judge Thomas P. Griesa on 5/08/2013) (ama) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

PACER
31

ENDORSED LETTER addressed to Judge Thomas P. Griesa from Linda Fang dated 5/09/2013 re: I write now, on behalf of the State and City Defendants, to respectfully request an extension of time for them to respond to the complaint, the motion for class certification, and the motion for preliminary injunction, to June 21, 2013. The current deadline for these responses is May 10,2013. ENDORSEMENT: Approved., New York State Department of Health answer due 6/21/2013; New York State Office of Temporary and Disability Assistance answer due 6/21/2013; Kristin Proud answer due 6/21/2013; Nirav Shah, MD answer due 6/21/2013.( Responses due by 6/21/2013) (Signed by Judge Thomas P. Griesa on 5/17/2013) (ama) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

PACER
32

ENDORSED LETTER addressed to Judge Thomas P. Griesa from Linda Fang dated 6/20/13 re: Counsel writes to request an extension of time to respond to the complaint, the motions for preliminary injunction and for class certification until 7/22/13. ENDORSEMENT: Approved. Set Deadlines/Hearing as to 10 MOTION for Preliminary Injunction., 2 MOTION to Certify Class:( Responses due by 7/22/2013) (Signed by Judge Thomas P. Griesa on 6/21/2013) (mro) (Entered: 06/24/2013)

June 21, 2013

June 21, 2013

PACER
33

STIPULATION AND ORDER OF CLASS CERTIFICATION: NOW, THEREFORE, the parties agree this action should be certified as a class action pursuant to Rule 23(a) and (b)(2), on the following terms: The proposed class meets the requirements to proceed as a class action under Rule 23(a) because: (1) the number of plaintiffs is so numerous that joinder of all class members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims of the named plaintiffs are typical of those of the class; and (4) the named plaintiffs and their counsel will fairly and adequately protect the interests of the class. And as set forth herein. SO ORDERED. (Signed by Judge Thomas P. Griesa on 8/07/2013) (ama) (Entered: 08/08/2013)

Aug. 7, 2013

Aug. 7, 2013

PACER
34

ENDORSED LETTER addressed to Judge Thomas P. Griesa from Linda Fang dated 7/19/2013 re: The parties continue to be actively engaged in working towards a potential resolution to this action, and would like more time to continue these efforts in the coming months. Accordingly, I write now, on behalf of all defendants, to request extensions of time to respond to the complaint and the motion for preliminary injunction in the above-referenced matter, which are currently due July 22, 2013. Defendants respectfully request an extension of the deadlines to respond to the complaint and the motion to preliminary injunction until November 1, 2013. ENDORSEMENT: Approved., Robert Doar answer due 11/1/2013; New York State Department of Health answer due 11/1/2013; New York State Office of Temporary and Disability Assistance answer due 11/1/2013; Kristin Proud answer due 11/1/2013; Nirav Shah, MD answer due 11/1/2013; The New York City Human Resources Administration answer due 11/1/2013.( Responses due by 11/1/2013) (Signed by Judge Thomas P. Griesa on 8/08/2013) (ama) (Entered: 08/09/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
35

NOTICE of Proposed Order re: 10 MOTION for Preliminary Injunction.. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Attachments: # 1 Text of Proposed Order Joint Proposed Order)(Pelaez, Jenny) (Entered: 12/02/2013)

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Dec. 2, 2013

Dec. 2, 2013

PACER
36

ORDER: dismissing 10 Motion for Preliminary Injunction. it is hereby ORDERED that: In light of the parties' continued efforts to reach a complete resolution of this matter, Plaintiffs' motion for preliminary injunctive relief is hereby dismissed without prejudice to its renewal. By January 20, 2014 and March 20, 2014, the parties shall submit a joint letter to the Court advising on the progress of their negotiations. By May 20, 2014, if no resolution is reached, the parties shall submit a proposed Rule 16(d) Scheduling Order to the Court setting a schedule for all pretrial matters, including a date by which Plaintiffs shall renew their motion for preliminary injunctive relief, a briefing schedule on that motion, dates for fact and expert discovery, and a proposed date for a preliminary injunction hearing. If the parties reach an impasse in their settlement negotiations at any time before May 20, 2014, Plaintiffs may notify the Court by letter, and renew Plaintiffs' motion for preliminary injunctive relief. SO ORDERED.(Signed by Judge Thomas P. Griesa on 12/09/2013) (ama) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

PACER
37

MOTION for Michael P. Daly to Appear Pro Hac Vice, Certificate of Service. Filing fee $ 200.00, receipt number 0208-9168030. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Daly, Michael) (Entered: 12/12/2013)

1 Text of Proposed Order

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2 Exhibit A

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3 Exhibit B

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Dec. 12, 2013

Dec. 12, 2013

PACER
38

MOTION for Joshua M. Link to Appear Pro Hac Vice, Certificate of Service. Filing fee $ 200.00, receipt number 0208-9179479. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diana Gray, Deborah Haynes, Leason Jacob, Megan Rafferty. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Link, Joshua) (Entered: 12/16/2013)

1 Text of Proposed Order

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2 Exhibit A

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3 Exhibit B

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Dec. 16, 2013

Dec. 16, 2013

PACER
39

ORDER FOR ADMISSION PRO HAC VICE granting 37 Motion for Michael P. Daly to Appear Pro Hac Vice. The motion of Michael P. Daly, for admission to practice Pro Hac Vice in the above-captioned action is granted. (Signed by Judge Thomas P. Griesa on 12/17/2013) (ama) (Entered: 12/18/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
40

ORDER FOR ADMISSION PRO HAC VICE granting 38 Motion for Joshua M. Link to Appear Pro Hac Vice.The motion of Joshua M. Link, for admission to practice Pro Hac Vice in the above-captioned action is granted. (Signed by Judge Thomas P. Griesa on 12/20/2013) (ama) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
41

LETTER addressed to Judge Thomas P. Griesa from Marc Cohan dated January 17, 2014 re: Settlement Status Update. Document filed by Megan Rafferty.(Cohan, Marc) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER
42

LETTER addressed to Judge Thomas P. Griesa from Linda Fang dated March 19, 2014 re: Update on progress of settlement discussions. Document filed by New York State Department of Health, New York State Office of Temporary and Disability Assistance, Kristin Proud, Nirav Shah, MD.(Fang, Linda) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

PACER
43

NOTICE OF APPEARANCE by Gregory Lee Bass on behalf of Megan Rafferty. (Bass, Gregory) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

PACER
45

LETTER addressed to Judge Thomas P. Griesa from Linda Fang dated July 21, 2014 re: Update on Settlement Progress. Document filed by New York State Department of Health, New York State Office of Temporary and Disability Assistance, Kristin Proud, Nirav Shah, MD.(Fang, Linda) (Entered: 07/21/2014)

July 21, 2014

July 21, 2014

46

LETTER addressed to Judge Thomas P. Griesa from Linda Fang dated August 19, 2014 re: Update on Settlement Progress. Document filed by New York State Department of Health, New York State Office of Temporary and Disability Assistance, Kristin Proud, Nirav Shah, MD.(Fang, Linda) (Entered: 08/19/2014)

Aug. 19, 2014

Aug. 19, 2014

47

FIRST LETTER MOTION for Conference re: 44 Order, Request for Magistrate Judge Referral addressed to Judge Thomas P. Griesa from Greg Bass dated 09/22/14. Document filed by Megan Rafferty.(Bass, Gregory) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

48

NOTICE OF APPEARANCE by Carolyn Elizabeth Kruk on behalf of Robert Doar, The New York City Human Resources Administration. (Kruk, Carolyn) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

49

ORDER: Upon the consent of all parties, this matter is referred to United States Magistrate Judge Debra Freeman to conduct proceedings, in accordance with 28 U.S.C. § 636(b)(3), and Fed. R. Civ. P. 72(a), for the facilitation of a potential settlement in this action. SO ORDERED. (Signed by Judge Thomas P. Griesa on 10/7/2014) (ajs) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 11/4/2014. Telephone conference scheduled for 12/16/14 at 10:00 a.m. (aba) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

50

FIRST LETTER addressed to Magistrate Judge Debra C. Freeman from Greg Bass dated 12/8/2014 re: Settlement Status. Document filed by Megan Rafferty.(Bass, Gregory) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 1/20/2015. Telephone conference scheduled for 2/11/15 at 2:00 p.m. (aba) (Entered: 01/20/2015)

Jan. 20, 2015

Jan. 20, 2015

Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 2/11/2015. Telephone conference scheduled for 2/17/15 at 11:30 a.m. Settlement conference scheduled for 2/20/15 at 2:00 p.m. (aba) (Entered: 02/13/2015)

Feb. 11, 2015

Feb. 11, 2015

Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 2/17/2015. (aba) (Entered: 02/18/2015)

Feb. 17, 2015

Feb. 17, 2015

51

NOTICE OF APPEARANCE by John Peter Gasior on behalf of New York State Department of Health, New York State Office of Temporary and Disability Assistance, Kristin Proud, Nirav Shah, MD. (Gasior, John) (Entered: 02/19/2015)

Feb. 19, 2015

Feb. 19, 2015

Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held on 2/20/2015. (aba) (Entered: 02/23/2015)

Feb. 20, 2015

Feb. 20, 2015

Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 3/23/2015. (aba) (Entered: 03/24/2015)

March 23, 2015

March 23, 2015

52

LETTER MOTION to Adjourn Conference addressed to Judge Thomas P. Griesa from Greg Bass dated 4/22/15. Document filed by Megan Rafferty.(Bass, Gregory) (Entered: 04/22/2015)

April 22, 2015

April 22, 2015

53

LETTER addressed to Judge Thomas P. Griesa from Greg Bass dated 5/21/15 re: Stipulation and Order of Settlement. Document filed by Megan Rafferty. (Attachments: # 1 Text of Proposed Order Stipulation and Order of Settlement)(Bass, Gregory) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

55

ORDER PURSUANT TO FED. R. CIV. P. 23(e): A hearing pursuant to Rule 23(e) of the Federal Rules of Civil Procedure shall be held before the undersigned on 10/1/2015, for purposes of determining whether the proposed Settlement is fair, reasonable, and adequate, and should be approved by the Court. The hearing shall take place before the Honorable Thomas P. Griesa, U. S. District Court, Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Courtroom 26B, New York, NY 10007−1312, and will begin at 2:00pm. (As further set forth in this Order) (Fairness Hearing set for 10/1/2015 at 02:00 PM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa.) (Signed by Judge Thomas P. Griesa on 7/14/2015) (kl) (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

56

NOTICE of Proposed Class Action Settlement Under 28 USC section 1715. Document filed by Robert Doar, New York State Department of Health, New York State Office of Temporary and Disability Assistance, Kristin Proud, Nirav Shah, MD, The New York City Human Resources Administration. (Kruk, Carolyn) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

57

CERTIFICATE OF SERVICE of Notice of Proposed Class Action Settlement Under 28 USC section 1715 served on Attorneys General (see included list) on July 23, 2015. Service was made by mail. Document filed by Robert Doar, New York State Department of Health, New York State Office of Temporary and Disability Assistance, Kristin Proud, Nirav Shah, MD, The New York City Human Resources Administration. (Kruk, Carolyn) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

58

FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − MOTION for Settlement Declaration of Greg Bass . Document filed by Megan Rafferty.(Bass, Gregory) Modified on 10/1/2015 (db). (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Notice to Attorney Gregory Lee Bass to RE−FILE Document 58 MOTION for Settlement Declaration of Greg Bass . Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

59

DECLARATION of Greg Bass in Support re: 54 MOTION to Approve Consent Judgment .. Document filed by Megan Rafferty. (Bass, Gregory) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

Minute Entry for proceedings held before Judge Thomas P. Griesa: Fairness Hearing held on 10/1/2015. All class plaintiffs represented by Attorney Gregory Bass, Mark Cohan, and Joshua M. Link. Defendants Robert Doar and The NYC Human resources Administration, represented by Attorney Carolyn Kruk. Defendants Kristin Proud, Niray Shad, M.D., NYS Office of Temporary and Disability Assistance, and NYS Department of Health represented by Attorneys Linda Fang and John Gasior. (Court Reporter Patricia Nilsen) (Zaepfel, Kenneth) Modified on 10/1/2015 (Zaepfel, Kenneth). (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

60

LETTER addressed to Judge Thomas P. Griesa from Carolyn Kruk dated October 5, 2015 re: Class Action Fairness Act. Document filed by Robert Doar, New York State Department of Health, New York State Office of Temporary and Disability Assistance, Kristin Proud, Nirav Shah, MD, The New York City Human Resources Administration.(Kruk, Carolyn) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

61

ORDER: On October 1, 2015, the court held a fairness hearing and tentatively approved from the bench the parties' proposed stipulation and order of settlement ("the order"). On October 5, 2015−before the court issued a signed version of the order−defendants informed the court that the order should not issue until October 22, 2015, after the 90−day waiting period under 28 U.S.C. § 1715(d) expires. (Dkt. No. 60.) Plaintiffs do no oppose defendants' request that the court delay issuing the order. Accordingly, the court will not issue the order until October 22, 2015. (Signed by Judge Thomas P. Griesa on 10/5/2015) (kl) (Entered: 10/05/2015)

Oct. 5, 2015

Oct. 5, 2015

63

STIPULATION AND ORDER OF SETTLEMENT FOR FEES AND COSTS: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Class Plaintiffs and Defendants, as represented below, as follows: 1. State Defendants agree to pay the sum of $300,000.00 to Class Counsel for attorneys' fees, costs, and disbursements in or arising from this action. 2. City Defendant agrees to pay the sum of $300,000.00 to Class Counsel for attorneys' fees, costs, and disbursements in or arising from this action. Payment shall be made by delivering checks, for the amounts set forth in paragraphs 1 and 2 herein, payable to the National Center for Law and Economic Justice, 275 Seventh Avenue, Suite 1506, New York, NY 10001. (As further set forth in this Order) (Signed by Judge Thomas P. Griesa on 12/11/2015) (kl) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

64

NOTICE OF CHANGE OF ADDRESS by Linda Fang on behalf of New York State Department of Health, New York State Office of Temporary and Disability Assistance, Kristin Proud, Nirav Shah, MD. New Address: New York State Office of the Attorney General, 28 Liberty Street, New York, New York, United States 10005, (212) 416−8656. (Fang, Linda) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

44

ORDER: The parties shall continue to meet and confer on a regular basis to discuss a potential resolution of this action. By 7/21/2014, and 8/20/2014, the parties shall submit joint letters to the Court advising on the progress of their negotiations. By 9/22/2014, if no resolution is reached, the parties shall submit a proposed Rule 16(d) Scheduling order to the Court, and as further set forth in this document. (Signed by Judge Thomas P. Griesa on 5/22/2014) (cd) (Entered: 05/23/2014)

May 22, 2014

May 22, 2014

PACER

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 5, 2013

Closing Date: Oct. 23, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of New York City who were substantially limited in seeing, and who are also current or former applicants or recipients of food stamps and/or Medicaid.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $600,000

Order Duration: 2015 - 2018

Content of Injunction:

Preliminary relief denied

Reasonable Accommodation

Receivership

Required disclosure

Issues

General:

Access to public accommodations - governmental

Government Services

Website

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Visual impairment

Benefit Source:

Food stamps

Medicaid