Case: National Law Center on Homelessness and Poverty v. State of New York

2:04-cv-00705 | U.S. District Court for the Eastern District of New York

Filed Date: Feb. 20, 2004

Closed Date: March 1, 2008

Clearinghouse coding complete

Case Summary

The National Law Center on Homelessness and Poverty represented the Plaintiffs, homeless children and their parents living in Suffolk County. The Plaintiffs alleged that they were denied or deprived of access to a free and appropriate public school education and that the Defendants had violated the McKinney-Vento Homeless Assistance Act, 42 U.S.C. §§ 11431-11435; New York Education Law § 3209; and other applicable laws and regulations promulgated thereunder. They also alleged that the Defendant…

The National Law Center on Homelessness and Poverty represented the Plaintiffs, homeless children and their parents living in Suffolk County. The Plaintiffs alleged that they were denied or deprived of access to a free and appropriate public school education and that the Defendants had violated the McKinney-Vento Homeless Assistance Act, 42 U.S.C. §§ 11431-11435; New York Education Law § 3209; and other applicable laws and regulations promulgated thereunder. They also alleged that the Defendants deprived the Plaintiffs of their constitutional rights secured by 42 U.S.C. § 1983 and by the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution. The Plaintiffs brought the action on behalf of two Plaintiff classes, a children class and a parent class.

On February 20, 2004, the Plaintiffs filed suit against the following Defendants: the State Defendants (the New York State Education Department (“NYSED”), its employees, and the New York State Office of Temporary and Disability Assistance (“OTDA”)); the County Defendants (Suffolk County Department of Social Services (“SCDSS”) and its employees); and the School District Defendants (fourteen districts were named, and the Plaintiffs also listed John Doe School Districts 1-10 to represent additional still-unnamed school districts who allegedly committed similar violations of laws and regulations).

The Plaintiffs alleged that homeless children in Suffolk County were often turned away at the schoolhouse door, experienced significant delays in enrolling in public school, or were denied access to transportation or other basic services that formed the basic prerequisite for them to receive a public school education. They sought injunctive and declaratory relief asking the court to enter an order (a) declaring that the Defendants were in violation of the aforementioned statutes and the laws and regulations promulgated thereunder, and (b) requiring the Defendants to comply promptly with all such laws and regulations and do so on an ongoing basis.

Many of the Plaintiffs spent each night of the week in a different location, or moved from place to place seeking temporary shelter. The Plaintiffs alleged that the Defendants failed to take steps to ensure that children remained in their schools of origin if possible, nor did they assist families to ensure that the children received consistent, uninterrupted transportation to enable them to attend the schools designated for them by their parents. The Plaintiffs alleged that it took five days, sometimes longer, to obtain transportation to get children back to school after moving. Some Plaintiffs also allege that they were forced multiple times to transfer to different school districts during the school year. These children allegedly missed school because the School District Defendants insisted on enrollment paperwork – documentation of residency and immunization records – and refused to enroll them, without informing the Plaintiffs that they had the right to register children for school regardless of ability to provide this paperwork.

At the relevant time, SCDSS’ policy required that, to request emergency housing, all members of a homeless family, including school-aged children and employed adults, had to appear at one of its centers to be screened and to await placement. SCDSS’ policy required families wishing to be placed in emergency housing to return to their local center the next day with all members of the family to await placement again for that evening. This could involve waiting all day, and caused homeless children to miss school.

On October 23, 2004, Judge Arthur D. Spatt for the United States District Court for the Eastern District of New York granted class certification and denied the Defendants’ motion to dismiss. The classes were defined as follows:

Class A: All school-aged children (as defined by New York State Education Law) who, on or after September 1, 2001:(1) have lived, are living or will live in Suffolk County, New York; and (2) during such period have been, are, or will be “homeless” as defined in the McKinney–Vento Act, 42 U.S.C. § 11434A.

Class B: All parents, guardians or persons in a parental relationship for children in Class A, who, on or after September 1, 2001:(1) have lived, are living or will live in Suffolk County, New York; and (2) during such period have been, are, or will be “homeless” as defined in the McKinney–Vento Act, 42 U.S.C. § 11434A. 224 F.R.D. 314.

From the docket it is unclear when settlement discussions began, but on June 25, 2004, eleven of the School District Defendants and the Plaintiffs notified the court that they had agreed in principle to settle the case and requested that the court suspend all deadlines related to the School District Defendants.

On October 7, 2004, Judge Spatt approved the Plaintiffs’ and School District Defendants’ Settlement Agreement and Consent Order. The School District Defendants denied the Plaintiffs’ allegations, but nevertheless agreed to substantially comply with the terms, which involved (1) providing information to homeless children and families, (2) identification of homeless children, (3) transportation of homeless children, (4) coordination with the State Defendants and Social Services Defendants, (5) appeals and dispute resolution, (6) training of school personnel, (7) evaluation and assessment, (8) provision of Compliance Reports, at least semi-annually, by each School District Defendant, and (9) revision of any policies that served as barriers to the enrollment and retention of homeless children in school. The Plaintiffs waived their claims to attorneys’ fees or costs up until the date of the order, but reserved the right to seek them after the date should further litigation be required to enforce the provisions of the order. The order was effective for three years, and the case would be dismissed upon three years’ substantial compliance.

On March 31, 2006, Judge Spatt approved the Plaintiffs’ and State (OTDA and NYSED) Defendants’ Settlement Agreement and a Consent Order, and closed the case. The State Defendants agreed to pay Plaintiffs’ attorneys fees (in the amount of $378,291.33). The order obligated both the OTDA and NYSED to (1) collaborate with other Defendants, (2) revise any of their policies as necessary to comply with the Order, and (3) submit written Compliance Reports biannually for the first year and once annually thereafter. Additionally, the OTDA was required to (1) issue and/or revise administrative guidance to SCDSS and other social services agencies, (2) monitor SCDSS’ provision of school transportation to homeless children and develop a Corrective Action Plan, if necessary and (2) provide training to SCDSS staff. The NYSED was also obligated to (1) revise its appeals process to eliminate barriers to appealing, (2) implement data collection and analysis initiatives, (3) monitor the fourteen School District Defendants and sixteen other districts with significant homeless populations (i.e., more than 25 homeless students at any one time), (4) enforce compliance within the school districts, and (5) train all school district or local social services agency personnel likely to have contact with homeless children and their families. The order was to remain in effect through and including October 1, 2008, when it would be dismissed upon substantial compliance.

Also on March 31, 2006, Judge Spatt approved the Plaintiffs’ and County (SCDSS and its employees) Defendants’ Settlement Agreement and Consent Order. The Defendants denied wrongdoing, but the parties agree that the Plaintiffs would receive attorneys’ fees (amount unspecified). The Order’s requirements for the County Defendants involved (1) providing information to homeless children and families, (2) making all reasonable efforts to provide homeless children with transportation to and from school, (3) discontinuing their policy of requiring homeless children to be physically present with their families to obtain emergency housing, (4) monitoring (to be conducted by OTDA and an SCDSS personnel member designated as a Compliance Officer) and data collection (5) coordinating with the other Defendants to ensure that homeless children enroll in and stay in school, (6) appeals and dispute resolution, (7) providing Compliance Reports semi-annually in the first year and once annually thereafter, and (8) revising any policies necessary to comply with the Order. The Order was to remain in effect through and including March 1, 2008, when it would be dismissed upon substantial compliance.

The case is now closed.

Summary Authors

Elizabeth Greiter (10/13/2017)

People


Judge(s)

Lindsay, Arlene Rosario (New York)

Spatt, Arthur Donald (New York)

Attorneys(s) for Plaintiff

Berger, Deborah R. (New York)

Brunetti, Cheryl R. (New York)

Clark, Courtney A. (New York)

Foscarinis, Maria (District of Columbia)

Garvey, Christopher J (New York)

Nee, Christopher (New York)

Parise, Jessica S (New York)

Simes, Jeffrey A (New York)

Judge(s)

Lindsay, Arlene Rosario (New York)

Spatt, Arthur Donald (New York)

Attorneys(s) for Plaintiff

Berger, Deborah R. (New York)

Brunetti, Cheryl R. (New York)

Clark, Courtney A. (New York)

Foscarinis, Maria (District of Columbia)

Garvey, Christopher J (New York)

Nee, Christopher (New York)

Parise, Jessica S (New York)

Simes, Jeffrey A (New York)

Sozinho, Sozi T (New York)

Wasserman, Lewis M. (New York)

Weinberger, Karen E (New York)

Yanchar, Georgia E (New York)

Yousey, Jeffrey R (New York)

Attorneys(s) for Defendant

Cimino, Robert J. (New York)

Connolly, Susan M (New York)

Hingerton, Patricia M (New York)

Malhotra, Sanjay B (New York)

McNamara, Jennifer K (New York)

Pack, Lori L (New York)

Spitzer, Eliot (New York)

Termini, Chris (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

National Law Center on Homelessness and Poverty, R.I. v. State of New York

May 16, 2008 Docket
1

Class Action Complaint For Declaratory and Injunctive Relief

National Law Center on Homelessness and Poverty, R.I. v. State of New York

Feb. 20, 2004 Complaint
133

Settlement Agreement and Consent Order

National Law Center on Homelessness and Poverty, R.I. v. State of New York

Oct. 7, 2004 Order/Opinion
126

Memorandum of Decision and Order

National Law Center on Homelessness and Poverty, R.I. v. State of New York

224 F.R.D. 314, 2004 WL 2375590

Oct. 23, 2004 Order/Opinion
150

Settlement Agreement and Consent Order Between Plaintiffs and State Defendants

National Law Center on Homelessness and Poverty, R.I. v. State of New York

March 31, 2006 Order/Opinion
151

Settlement Agreement and Consent Order Between Plaintiffs and County Defendants

National Law Center on Homelessness and Poverty, R.I. v. State of New York

March 31, 2006 Order/Opinion

Resources

Title Description External URL

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT Summons Issued against Amityville School District, Bay Shore Union Free School District, Brentwood School District, Central Islip School District, Copiague Union Free School District, Janet Demarzo, Robert Doar, John Doe, Sheila Evans−Tranumn, Hampton Bays School District, Dan Hickey, Longwood Central School District, Patricia McGuirk, Medford School District, Middle Country School District, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, North Babylon School District, Riverhead School District, South Country School District, South Huntington School District, State of New York, Suffolk County Department of Social Services, William Floyd School District filing fee $ 150, receipt number 12106, filed by M.K., M.W., National Law Center on Homelessness and Poverty, R.I., T.K.. (Attachments: # 1 Civil Cover Sheet)(Duong, Susan) (Entered: 03/01/2004)

Feb. 20, 2004
2

ORDER TO SHOW CAUSE by Pltffs − It is Ordered, that the above−named dfts show before this Court, on 2/27/04 @ 1:30 p.m., why an Order should not be issued pursuant to Rule 65 of the FRCP granting preliminary injunction against dfts requiring them to provide transportation to and from school for the pltffs and requiring them to admit and enroll the pltffs in their school district of origin as defined in federal and state law. Ordered that a copy of this Order, together with the papers upon which it is granted be personally served upon the dfts on or before 2/24/04 by 5:00 p.m., and that such service be deemed good and sufficient. (Signed by Judge Arthur D. Spatt on 2/20/04). C/F(Coleman, Laurie) (Entered: 03/03/2004)

Feb. 20, 2004
3

PROPOSED TEMPORARY RESTRAINING ORDER − Ordered, that Pltffs' motion for a temporary restraining order is hereby granted. Ordered that the dft Suffolk County Department of Social Services (and Janet DeMarzo, as Commissioner of the Suffolk County Department of Social Services), Longwood Central School District, NY State Education Department (and Richard P. Mills, as Commissioner of Education of the State of NY), NYS Office of Temporary and Disability Assistance (and Robert Doar as Acting Commissioner of the NYS Office of Temporary and Disability Assistance) are enjoined to provide transportation for S.P., a minor child, to and from Longwood High School until this matter is heard on pltffs' motion for preliminary injunction. Ordered that the above−named dfts will take all necessary steps to entroll S.P. at Longwood High School and to provide her a public education, including such special education services as S.P. has previously been determined to be entitled to; Ordered that this Order shall expire in 10 days from the date of the Order, unless extended for good cause shown. Ordered that no security for costs or damages need be posted. PROPOSED TEMPORARY RESTRAINING ORDER DENIED AS MOOT (Signed by Judge Spatt, on 2/20/04). C/F(Coleman, Laurie) (Entered: 03/03/2004)

Feb. 20, 2004
4

MOTION to Seal ; Motion to File Under Seal and Limit Disclosure of Certain Identifying Information − Pltffs, M.K. and her daughter S.P. move this court for an order permitting them to file the Affidavit of M.K. in support of their Motion for Temporary Restraining Order and Preliminary Injunction under seal and to keep these documents under seal and immune from public disclosure. Pltffs request that the Affidavit of M.K. be filed under seal, that her residency and all other identifying information be sealed, and that all references to M.K. and her daughter S.P. in public documents be made by initials only. In the event that the Court does not grant the aforementioned relief, the pltff s seek an order that any copies of the Affidavit of M.K. that are made public are redacted to exclude the names, addresses, and other identifying information of the pltffs. Filed by M.K., M.W., National Law Center on Homelessness and Poverty, R.I., T.K.. (Coleman, Laurie) (Entered: 03/03/2004)

Feb. 20, 2004
5

ORDER granting 4 Motion to Seal − Pursuant to Rule 26(c) of the FRCP, the Family Education Rights and Privacy Act and the Individuals with Disabilities Education Act, I order that the Affidavit of the pltff M.K. be sealed and not made available for public disclosure, that M.K.'s residency and all other identifying information be sealed, and that all references to M.K. and her daughter S.P. in public documents be made by initials only. (Signed by Judge Arthur D. Spatt on 2/20/04). C/F (Coleman, Laurie) (Entered: 03/03/2004)

Feb. 20, 2004
6

MEMORANDUM OF LAW by M.K., M.W., National Law Center on Homelessness and Poverty, R.I.. Re: In Support of pltffs 2 Order to Show Cause for Temporary Restraining Order and Preliminary Injunction. (Coleman, Laurie) (Entered: 03/03/2004)

Feb. 20, 2004
7

AFFIDAVIT of Jeffrey A. Simes on behalf of M.K., M.W., National Law Center on Homelessness and Poverty, R.I. Re: In Support of pltff's 2 Order to Show Cause for Temporary Restraining Order and Preliminary Injunction.(Coleman, Laurie) (Entered: 03/03/2004)

Feb. 20, 2004
13

LETTER dated 2/25/04 from Eric Musselman to Robert C. Heinemann Re: Enclosed for filing and docketing are the Affidavits of Service for the Summons, Complaint, Civil Cover Sheet, Order to Show Cause (OTSC) for Temporary Restraining Order and Preliminary Injunction; Pltffs' Memorandum of Law in Support of OTSC; Affidavit of M.K. in Support of OTSC; Affidavit of Jeffrey A. Simes in Support of OTSC; Proposed Order, Motion to File Affidavit under Seal and Proposed Order on Motion to file Affidavit under Seal; Affidavit of R.I.; Affidavit of M.W.; Affidavit of T.K; served upon the following dfts: Brentwood School District; Suffolk County Department of Social Services; Middle Country School District; Dan Hickey, Associate Commissioner of the Suffolk County Department of Social Services; Janet DeMarzo, Commissioner of the Suffolk County Department of Social Services; South Huntington School District; Central Islip School District; Bay Shore Union Free School District; North Babylon School District: Copiague Union Free School District; Amityville School District; Longwood Central School District; Hampton Bays School District; South Country School District; William Floyd School District; Medford School District; Riverhead School District; NYS Office of Temporary and Disability Assistance; Robert Doar, Acting Commissioner of the NYS Office of Temporary and Disability Assistance; State of NY; New York State Education Department; Richard P. Mills, Commissioner of Education of the State of NY; Sheila Evans−Tranumn, Associate Commissioner of Education of the State of New York; and Patricia McGuirk, Program Manager for the Homeless of the New York State Education Department.(Coleman, Laurie) (Entered: 03/10/2004)

Feb. 25, 2004
14

SUMMONS Returned Executed by M.K., M.W., National Law Center on Homelessness and Poverty, R.I.. − Copies of Summons, Complaint, Civil Cover Sheet, Order to Show Cause (OTSC) for Temporary Restraining Order and Preliminary Injunction; Pltffs' Memorandum of Law in Support of OTSC; Affidavit of M.K. in Support of OTSC; Affidavit of Jeffrey A. Simes in Support of OTSC; Proposed Order, Motion to File Affidavit under Seal and Proposed Order on Motion to file Affidavit under Seal; Affidavit of R.I.; Affidavit of M.W.; Affidavit of T.K., served upon the following dfts on 2/23/04: Amityville School District; Bay Shore Union Free School District; Brentwood School District; Central Islip School District; Copiague Union Free School District; Janet Demarzo; Hampton Bays School District; Dan Hickey; Longwood Central School District; Medford School District; Middle Country School District; New York State Office of Temporary and Disability Assistance; North Babylon School District; Riverhead School District; South Country School District; South Huntington School District; Suffolk County Department of Social Services; William Floyd School District; Answers due on 3/15/04.(Coleman, Laurie) (Entered: 03/10/2004)

Feb. 25, 2004
15

SUMMONS Returned Executed by M.K., M.W., National Law Center on Homelessness and Poverty, R.I. − Copies of Summons and Complaint as well as all copies of the papers, motions and affidavits filed in the above captioned action to date was served on 2/20/04 upon the following dfts: Sheila Evans−Tranumn; Patricia McGuirk; Richard P. Mills; New York State Education Department; State of New York; Answer for these dfts due 3/11/2004. (Coleman, Laurie) (Entered: 03/10/2004)

Feb. 25, 2004
41

LETTER MOTION dated 2/25/04 from Susan Connolly, Assistant Attorney General, to Judge Spatt Re: The above matter is currently scheduled before you on 2/27/04. It is requested that the return date be adjourned for one week to 3/5/04. (Coleman, Laurie) (Entered: 04/13/2004)

Feb. 26, 2004

ENDORSED ORDER granting the 41 letter application requesting that the return date be adjourned − The Order to Show Cause Hearing for the Preliminary Injunction is adjourned to 3/5/04 @ 1:30 p.m. Ms. Connolly is directed to fax a copy of this Order to all parties in this action. (Signed by Judge Arthur D. Spatt on 2/26/04). EOD #41, C/F, C/M.(Coleman, Laurie) (Entered: 04/13/2004)

Feb. 26, 2004
12

LETTER MOTION dated 3/1/04 from Christopher Garvey to Judge Spatt Re: In connection with pltff's preliminary injunction motion, scheduled for 3/5/04, I enclose for filing, affidavits of three named pltffs, identified herein by initials T.K., M.W. and R.I. these pltffs have requested that they, like pltff M.K. be allowed to proceed by initials only in this action and that these affidavits be filed with the Court under seal. We ask that the Court accept these documents for filing under seal.(Coleman, Laurie) (Entered: 03/10/2004)

March 2, 2004

ENDORSED ORDER granting 12 letter application to seal the affidavits of pltffs T.K., M.W. and R.I. − Request to SEAL the Affidavits referred to in this letter GRANTED. In addition, the parties in this action are directed to identify the named−pltffs by initials only. (Signed by Judge Arthur D. Spatt on 3/2/04). EOD #12. C/M(Coleman, Laurie) (Entered: 03/10/2004)

March 2, 2004
16

LETTER MOTION dated 3/3/04 from Christopher Garvey to Judge Spatt Re: Pltffs request that the Court order that Mr. Keenan and his clients serve opposition papers, if any, upon this office no later than 12 noon tomorrow, via facsimile. (Coleman, Laurie) (Entered: 03/10/2004)

March 4, 2004

ENDORSED ORDER denying 16 letter application − Request to compel Raymond Keenan and his clients to serve opposition papers upon the pltffs on or before 12 noon on 3/4/04 DENIED. If necessary, the Court will set a briefing schedule with regard to these particular dfts at the Order to Show Cause Hearing on 3/5/04. (Signed by Judge Arthur D. Spatt on 3/4/04). EOD #16. C/F, C/M(Coleman, Laurie) (Entered: 03/10/2004)

March 4, 2004
17

LETTER dated 3/4/04 from Raymond Keenan to Judge Spatt Re: We received a phone message and a copy of a letter to Your Honor from pltff's counsel, Christopher Garvey, Esq., regarding service of papers in opposition to the request for preliminary injunction. It has been our intention to serve papers in accordance with the applicable rules. However, we have no objection to service via fax by the close of business today. (Coleman, Laurie) (Entered: 03/10/2004)

March 4, 2004
18

MEMORANDUM OF LAW by Janet Demarzo, Dan Hickey Re: In Opposition to pltff's 2 Motion for a Preliminary Injunction. (Coleman, Laurie) (Entered: 03/10/2004)

March 4, 2004
19

AFFIDAVIT by Janet Demarzo, Dan Hickey Re: In Opposition to pltffs' 2 Order to Show Cause for a Preliminary Injunction. (Coleman, Laurie) (Entered: 03/10/2004)

March 4, 2004
9

MEMORANDUM OF LAW by Robert Doar, Sheila Evans−Tranumn, Patricia McGuirk, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, State of New York Re: In Opposition to pltffs' 2 Order to Show Cause for a Preliminary Injunction. (Coleman, Laurie) (Entered: 03/06/2004)

March 5, 2004
10

AFFIDAVIT of Kate Ventura on behalf of Robert Doar, Sheila Evans−Tranumn, Patricia McGuirk, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, State of New York Re: In Opposition to pltff's 2 Order to Show Cause for a Preliminary Injunction. (Coleman, Laurie). (Entered: 03/06/2004)

March 5, 2004
11

MEMORANDUM OF LAW by Pltffs, M.K., M.W., National Law Center on Homelessness and Poverty, R.I. Re: In further Support of their 2 Order to Show Cause for Preliminary Injunction. (Coleman, Laurie) (Entered: 03/09/2004)

March 5, 2004
34

AFFIDAVIT of Kate Ventura on behalf of New York State Education Department, New York State Office of Temporary and Disability Assistance, State of New York Re: On behalf of the State Dfts' in Opposition to Pltffs' 2 request for preliminary injunctive relief. (Coleman, Laurie) (Entered: 03/18/2004)

March 5, 2004
35

AFFIRMATION of James H. Pyun on behalf of William Floyd School District Re: In opposition to pltff's 2 application for a preliminary injunction.(Coleman, Laurie) (Entered: 03/19/2004)

March 5, 2004
36

AFFIDAVIT of Janet Gilmor on behalf of William Floyd School District Re: In opposition to pltff's 2 application for a preliminary injunction. (Coleman, Laurie) (Entered: 03/19/2004)

March 5, 2004
42

Minute Entry for proceedings held before Arthur D. Spatt : C. Garvey, for Plf; Ray Keenan, for dft.Show Cause Hearing held on 3/5/2004 @1:50 and 3:20. CR Owen Wicker Case called Counsel for ll parties present. OSC argued. Show Cause Hearing set for 3/11/2004 09:00 AM before Judge Arthur D. Spatt. (Barhome, Sydelle) (Entered: 04/22/2004)

March 5, 2004
24

LETTER MOTION dated 3/4/04 from Christopher Garvey to Judge Spatt Re: In connection with pltffs' preliminary injucntion motion, scheduled for a hearing before Your Honor on 3/5/04. I enclose for filing the affidavits of two putative class members, identified by initial D.M. and J.T. These individuals have requested that they like pltffs, M.K., R.I., M.W. and T.K. be identified by initials only in this action, and that these affidavits be filed with the Court under seal. (Coleman, Laurie) (Entered: 03/10/2004)

March 6, 2004

ENDORSED ORDER granting pltffs' 24 letter request to seal the Affidavits of two putative class members, D.M. and J.T. − Request to SEAL the enclosed affidavits GRANTED. The parties in this action are directed to identify these individuals only by their initials. (Signed by Judge Arthur D. Spatt on 3/6/04). EOD #24. C/M(Coleman, Laurie) (Entered: 03/10/2004)

March 6, 2004
46

REDACTED AFFIRMATIONS in OPPOSITION TO ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION of Laura L. Pack and Donald Reed and REDACTED EXHIBITS, filed by Suffolk County (to replace the ones previously submitted). (Montero, Edher) (Entered: 04/27/2004)

March 8, 2004
20

AFFIDAVIT of Raymond G. Keenan on behalf of Amityville School District, Middle Country School District, North Babylon School District, South Country School District Re: In Opposition to pltffs' 2 Motion for a Preliminary Injunction. (Coleman, Laurie) (Entered: 03/10/2004)

March 10, 2004
21

AFFIDAVIT of Maria Taliercio as Assistant Superintendent for Pupil Personnel Services at Middle Country School District Re: In Opposition to pltffs' 2 Request for a

March 10, 2004
23

AFFIDAVIT of Ken Dellaporta as assistant Director of Student Support Services in the South Country Central School District Re: In Opposition to pltffs' 2 Request for a Preliminary Injunction. (Coleman, Laurie) (Entered: 03/10/2004)

March 10, 2004
27

AFFIDAVIT of Diana V. Houghton on behalf of Central Islip School UFSD Re: In Opposition to pltff's Motion for Preliminary Injunctive Relief. (Coleman, Laurie) (Entered: 03/12/2004)

March 10, 2004
28

AFFIDAVIT of Neil M. Block on behalf of Bay Shore Union Free School District, Brentwood School District, Central Islip School District, Copiague Union Free School District, Longwood Central School District, Medford School District, Riverhead School District, South Huntington School District Re: In Opposition to pltffs' Motion for preliminary injunction.(Coleman, Laurie) (Entered: 03/12/2004)

March 10, 2004
29

AFFIRMATION of Inez Maria Haettenschwiller on behalf of New York State Office of Temporary and Disability Assistance Re: In Opposition to pltff's 2 Order to Show Cause for preliminary injunctive relief. (Coleman, Laurie) (Entered: 03/12/2004)

March 11, 2004
45

Minute Entry: Before Arthur D. Spatt on 3/11/04 at 9:00 am, civil cause for Order to Show Cause Hearing. Case called. Counsel for all parties present. Court Reporter Harry Rapaport. Order to Show Cause argued and continued to 3/17/04 (Montero, Edher) (Entered: 04/26/2004)

March 11, 2004
37

LETTER dated 3/12/04 from Sena Kim−Reuter Law Clerk to Judge Spatt to Mark Rushfield, Esq. Re: I am returning your motion to dismiss the complaint and opposition to the pltff's motion for a preliminary injunction, which were filed together, without docketing and filing. As you appear to acknowledge in your letter, dated 3/11/04, Judge Spatt's Individual Rules require that, in general, motions must be fully briefed upon filing. You may refile your motion upon compliance with the Individual Rules. In addition, kindly file your opposition papers separately from your motion. The Court will deem your opposition papers as timely if such papers are filed within ten days of the date of this letter. (Coleman, Laurie) (Entered: 03/29/2004)

March 12, 2004
38

LETTER dated 3/11/04 from Mark Rushfield to Judge Spatt Re: On 3/3/04 I served asnwering papers concerning the pltff's request for preliminary injunctive relief and a motion to dismiss for lackof subject matter jurisdiction. the motion complied with Local Rule 6.1. As the motion and opposing affidavit were coterminus, they were filed with the Clerk of the Court and a courtesy copy provided to Your Honor. However, I am concerned that in doing so I may have been in noncompliance with your individual rules of practice concerning the motion component of these submissions. I understand that pltff's answering papers are to be served within 10 business days after service of the moving papers, on or about 3/17/04. I presume that under your individual practice rules, I am to secure all the motion papers and file them together once all are ready. At that time, unless instructed otherwise, I shall submit another original set of the initial motion papers I submitted on March 3. Should the Court find the above procedure unacceptable or have any other directions, I would welcome them. (Coleman, Laurie) (Entered: 03/30/2004)

March 12, 2004
47

Letter from Susan M. Connolly dtd. 3/16/04 to Judge Spatt. Re: The following constitutes comments from defts NYS Education Dept, NYS Office of Temporary & Disability Assistance and the individually named State defts with regard to the proposed Settlement Agreement submitted by plaintiffs. (Montero, Edher) (Entered: 04/27/2004)

March 17, 2004
59

MINUTE ENTRY before Judge Arthur D. Spatt on 3/17/04 @ 10:45 a.m., for Civil Cause for Order to Show Cause for Preliminary Injunction. Counsel for all sides present. Case called. Motion argued − break for conference (11:15). Adjourned for further conference, date not specified. (Coleman, Laurie) (Entered: 06/17/2004)

March 17, 2004
39

MOTION to Seal Affidavit of R.C. and Limit Disclosure of Certain Identifying Information − For an order permitting pltffs to file the Affidavit of R.C. in support of their Order to Show Cause under seal and to keep these documents under seal and immune from public disclosure. Pltffs request that the Affidavit of R.C. be filed under seal, that her residency and all other identifying information be sealed, and that all references to R.C. and her daughter J.C. in public documents be made by initials only. Filed by M.K., M.W., National Law Center on Homelessness and Poverty, R.I., T.K.. (Coleman, Laurie) (Entered: 04/07/2004)

April 2, 2004

ENDORSED ORDER granting pltffs' 39 Motion to Seal to Seal the Affidavit of R.C. (Signed by Judge Arthur D. Spatt on 4/2/04). EOD #39, C/M. (Coleman, Laurie) (Entered: 04/07/2004)

April 2, 2004
48

PROPOSED ORDER TO SHOW CAUSE − It is Ordered that the dfts Suffolk County Department of Social Services, Janet Demarzo, and Dan Hickey (collectively, the "Social Service Dfts') show cause before this Court, why an Order should not be issued pursuant to FRCP Rule 65, granting preliminary injunction against the Social Services dfts requiring them to provide transportation to and from the Sagamore Children's Psychiatric Center for a 30 day program initiated by the William Floyd School District, for J.C., the child of pltff R.C., and for such other relief the Court deems just and proper − APPLICATION DENIED, as the parties have resolved the issue herein. (Signed by Judge Arthur D. Spatt on 4/2/04). C/M. **(Proposed Temporary Restraining Order annexed, return unsigned from Chambers.)**(Coleman, Laurie) (Entered: 05/12/2004)

April 2, 2004
43

AFFIDAVIT of Service for copies of the First Amended Class Action Complaint for Declaratory and Injunctive Relief, served upon State of New York Office of the Attorney General, Denis McEligot, Esq., Susan M. Connolly, Esq.; Suffolk County Department of Law, Jeltje Dejong, Esq., Laurie Pack, Esq.; Ingerman Smith, L.L.P., Neil M. Block, Esq., Christopher M. Powers, Esq.; Bernard T. Callan, Esq.; Guercio & Guercio, Gary L. Steffanetta, Esq., Raymond G. Keenan, Esq.; Ehrlich, Frazier & Feldman, Florence Frazier, Esq.; Shaw & Perelson LLP, Marc C. Rushfield, Esq.; Kevin Seaman, Esq., on 4/2/04, filed by M.K., M.W., National Law Center on Homelessness and Poverty, R.I., T.K. (Fagan, Linda) (Entered: 04/22/2004)

April 5, 2004
60

LETTER dated 4/2/04 from Sanjay Malhotra to Judge Spatt Re: Dft William Floyd requests that it be given an opportunity to substantively respond to the complaint by virtue of a Rule 12(b) motion. We seek a briefing schedule from the Court for the submission of such papers. We also seek the Court's guidance on the status of pltff's initial motion for a preliminary injunction in light of our request to file a Rule 12(b) motion. William Floyd requests an opportunity to submit supplemental opposition papers given the additional affidavits filed by pltff's counsel. (Coleman, Laurie) (Entered: 06/17/2004)

April 5, 2004
61

LETTER dated 4/14/04 from Christopher Garvey to Judge Spatt Re: We represent the pltffs. We received a letter by dft William Floyd's counsel, Sanjay B. Malhotra, to Your Honor dated 4/9/04, regarding our client J.C. and his mother R.C., which letter was our first contact from any dft on this issue. Although we would prefer to spend our time working on the proposed consent decree to ensure that homeless children are properly educated in Suffolk County, we nonethless feel obligated to respond briefly to Mr. Malhotra's letter in order to carlify the record.(Coleman, Laurie) (Entered: 06/18/2004)

April 5, 2004
62

LETTER dated 4/9/04 from Sanjay Malhotra to Judge Spatt Re: To inform the Court that dfts have just learned that J.C. and his mother have abandoned the homeless shelter on 4/3/04 and informed it that she would not be returning that night. The family has not returned to the shelter since. Thus, DSS has been obligated to discharge them from the shelter and cancel J.C.'s transportation services for next week when school re−opens from the Sprink break. The family's whereabouts are currently unknown to DSS or this office. Accordingly, notwithstanding the agreement reached by the parties in Court on 3/31/04, there will be no transportation services available to J.C. next week should the family return to the school district or to a DSS homeless shelter. William Floyd can no longer guarantee that J.C.'s placement at the special education program will remain open indefinately. As Your Honor is aware, placement of a student in an out−of−district special education program occurs at great cost to the school district. (Coleman, Laurie) (Entered: 06/18/2004)

April 18, 2004
63

LETTER MOTION dated 5/5/04 from Christopher Garvey to Judge Spatt Re: To request that the Court re−schedule the 5/7/04 status conference to 5/14/04 @ 10:00 a.m., in order to allow the New York State dfts the time they have requested for their clients to provide written comments to the revised proposed consent order. We ask the Court that, in the event that the parties reach a settlement agreement at the 5/14/04 conference, the Court proceed to hold a Rule 16 scheduling conference, so that pltffs may proceed with the case, including but not limited to discovery and class certification. (Coleman, Laurie) (Entered: 06/18/2004)

May 5, 2004
108

LETTER/Fax dated 5/5/04 from Hon. Margaret J. Finerty to Judge Spatt Re: To request a telephone conference with you to discuss the progress of our monitorship, and our report to the Court regarding our activities to date. (Coleman, Laurie) (Entered: 08/12/2004)

May 5, 2004
64

MINUTE ENTRY before Judge Arlene R. Lindsay on 5/14/04 @ 11:30 a.m., for Civil Cause for Initial Conference. Counsel for all sides present. (Coleman, Laurie) (Entered: 06/18/2004)

May 14, 2004
49

MINUTE ENTRY before Judge Arlene R. Lindsay on 5/19/04 @ 2:30 p.m., for Civil Cause for Telephone Status Conference. Counsel for all sides present. The parties shall submit the fully−executed proposed pre−trial scheduling order to the undersigned with amendments to paragraphs 5 and 7 as agreed during this conference. So Ordered. C/F (Coleman, Laurie) (Entered: 05/24/2004)

May 19, 2004
50

LETTER dated 5/19/04 from Susan Connolly Assistant Attorney General to Judge Lindsay Re: I am in receipt of a copy of letter from pltffs to you, seeking entry of a proposed discovery order in this case. On behalf of the state dfts, we strenuosly object to the entry of the proposed order. (Coleman, Laurie) (Entered: 05/24/2004)

May 19, 2004
51

LETTER dated 5/19/04 from Christopher Garvey to Judge Lindsay Re: We do not ask the Court to grant or deny any relief at this point. Rather, we believe that the Suffolk County Social Services dfts should be required to proceed by formal motion to seek Court approval of for the release of the information they seek. Not only is this procedure contemplated by applicable statutes and/or regulations, but furthermore, it will allow for an orderly process, provide us with time to consult with each of our clients concerning there issues, and otherwise bring matters before the Court in an efficient manner.(Coleman, Laurie) (Entered: 05/24/2004)

May 19, 2004

ENDORSED ORDER on 51 Letter − Application to proceed by formal motion is denied. A telephone conference will be held on 5/26/04 @ 11:00 a.m. at which time the county may explain the relevance of these materials and their need for same. County to initiate the call. (Signed by Judge Arlene R. Lindsay on 5/19/04). EOD #51. C/F(Coleman, Laurie) (Entered: 05/24/2004)

May 19, 2004
52

LETTER dated 5/19/04 from Lori Pack Assistant County Attorney to Judge Lindsay Re: It is requested that the attached subpoena be "so ordered" so that this office can obtain certain documents necessary to defend this case. **Resolved by 5/19/04 Order. ** (Coleman, Laurie) (Entered: 05/24/2004)

May 19, 2004
53

LETTER dated 5/20/04 from Gary Steffanetta to Judge Lindsay Re: To request a telephone conference with you for assistance in resolving an important isssue. (Coleman, Laurie) (Entered: 05/25/2004)

May 20, 2004
54

LETTER dated 5/21/04 from Jeffrey Simes to Judge Lindsay Re: In response to yesterday's letter to Your Honor from Gary Steffanetta, counsel for various school district dfts, concerning the deposition of Kate Ventura, which is to take place 5/26/04. We can see no reason behind Mr. Steffenetta's letter other than to delay discovery in this case. (Coleman, Laurie) (Entered: 05/25/2004)

May 21, 2004
55

MINUTE ENTRY before Judge Arlene R. Lindsay on 5/21/04 @ 3:00 p.m., for Civil Cause for Status Conference by telephone. Counsel for all sides present. (Coleman, Laurie) (Entered: 05/25/2004)

May 21, 2004
85

MEMORANDUM OF LAW by C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Support of Pltffs' 84 MOTION for Class Certification. (Motion Served: 5/21/04, Motion Filed: 7/27/04). (Coleman, Laurie) (Entered: 08/02/2004)

May 21, 2004
86

DECLARATION of Jeffrey A. Simes on behalf of C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Support of Pltffs' 84 Motion for Class Certification. (Motion Served: 5/21/04). Motion Filed: 7/27/04). (Coleman, Laurie) (Entered: 08/02/2004)

May 21, 2004
87

PROPOSED ORDER Re: Pltffs' 84 MOTION for Class Certification. (Returned Unsigned from Chambers).(Coleman, Laurie) (Entered: 08/02/2004)

May 21, 2004
88

MEMORANDUM OF LAW by Robert Doar, Sheila Evans−Tranumn, Patricia McGuirk, Richard P. Mills, New York State Education Department, State of New York Re: In Opposition to Pltffs' 84 MOTION for Class Certification. (Motion Served: 5/21/04, Motion Filed: 7/27/04). (Coleman, Laurie) (Entered: 08/02/2004)

May 21, 2004
89

AFFIRMATION of Susan M. Connolly on behalf of the "State Dfts" Re: In Opposition to Pltffs 84 MOTION for Class Certification. (Motion Served: 5/21/04, Motion Filed: 7/27/04).(Coleman, Laurie) (Entered: 08/02/2004)

May 21, 2004
90

DECLARATION of Lori L. Pack on behalf of Suffolk County Department of Social Services Re: In Opposition to Pltffs' 84 MOTION for Class Certification. (Motion Served: 5/21/04, Motion Filed: 7/27/04). (Coleman, Laurie) (Entered: 08/02/2004)

May 21, 2004
91

AFFIDAVIT of Donald Reed on behalf of Suffolk County Department of Social Services ("the County") Re: In Opposition to Pltffs' 84 MOTION for Class Certification. (Motion Served: 5/21/04, Motion Filed: 7/27/04).(Coleman, Laurie) (Entered: 08/02/2004)

May 21, 2004
92

REPLY MEMORANDUM OF LAW by C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In further Support of Pltffs' 84 MOTION for Class Certification. (Motion Served: 5/21/04, Motion Filed: 7/27/04). (Coleman, Laurie) (Entered: 08/02/2004)

May 21, 2004
93

SUPPLEMENTAL DECLARATION of Jeffrey A. Simes on behalf of C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Support of Pltffs' 84 MOTION for Class Certification. (Coleman, Laurie) (Entered: 08/02/2004)

May 21, 2004
57

LETTER/FAX MOTION dated 5/24/04 from Gary Steffanetta to Judge Spatt Re: This office has served as counsel to Hampton Bays School District, Middle Country School District, South Country School District, North Babylon, and Amityville School Districts. We make this application pursuant to Local Rule 1.4 for permission to withdraw from our representation of these five dft school districts, based upon the potential for a serious conflict of interest. (Coleman, Laurie) (Entered: 06/16/2004)

May 24, 2004

ENDORSED ORDER granting 57 letter application requesting permission for Guercio & Guercio to withdraw from representing Hampton Bays School District, Middle Country School District, South Country School District, North Babylon, and Amityville School District. Request to withdraw from representation and permitting Ingerman Smith, LLP to be substituted as counsel for record GRANTED. (Signed by Judge Arthur D. Spatt on 5/24/04). EOD #57. C/M(Coleman, Laurie) (Entered: 06/16/2004)

May 24, 2004
67

Letter from Gary L. Stefanetta dtd. 5/26/04 to All counsel serving endorsed order dtd. 5/24/04 of Judge Spatt for withdrawal of representation of Hampton Bays UFSC, Middle Country Central, South County Central, No. Babylon UFSC, Amityville UFSC. (Montero, Edher) (Entered: 06/23/2004)

May 26, 2004
69

Letter from Christopher J. Garvey on behalf of plaintiffs dtd. 5/27/04 to Judge Lindsay enclosing a faxed stip & order concerning Discovery Plan executed by all counsel. Orginal to follow. (Montero, Edher) (Entered: 06/28/2004)

May 27, 2004
117

STIPULATION AND ORDER Concerning Discovery Plan. So Ordered. Signed by Judge Arlene R. Lindsay on 6/1/04. (See attached Stipulation and Order for details.)(Dachille, Patti) (Entered: 09/28/2004)

June 1, 2004
99

MOTION for Leave to Appear Pro Hac Vice − For an Order allowing the admission of Jessica S. Blatt, Cheryl R. Brunetti, Courtney A. Clark, Christopher Nee, Sozi T. Sozinho, and Jeffrey R. Yousey as counsel for the pltffs. (Fee Paid: $25.00, Receipt: 013124). Filed by C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K.. (Coleman, Laurie) (Entered: 08/11/2004)

June 4, 2004
100

AFFIDAVIT of Christopher A. Garvey on behalf of C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Support of the 99 MOTION for an Order allowing the admission of Jessica S. Blatt, Cheryl R. Brunetti, Courtney A. Clark, Christopher Nee, Sozi T. Sozinho, and Jeffrey R. Yousey pro hac vice as counsel for the pltffs. (Fee Paid: $25.00, Receipt: 013124).(Coleman, Laurie) (Entered: 08/11/2004)

June 4, 2004
101

ORDER granting 99 Motion for Leave to Appear Pro Hac Vice − The admitted attorneys, Jessica S. Blatt, Cheryl R. Brunetti, Courtney A. Clark, Christopher Nee, Sozi T. Sozinho, and Jeffrey R. Yousey are permitted to argue or try this particular case in whole or in part as counsel or advocates representing the pltffs in this action. (Fee Paid: $25.00, Receipt: 013124). (Signed by Judge Arthur D. Spatt on 6/4/04). C/M (Coleman, Laurie) (Entered: 08/11/2004)

June 4, 2004
102

NOTICE OF APPEARANCE by Karen E. Weinberger on behalf of C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. (Coleman, Laurie) (Entered: 08/11/2004)

June 4, 2004
103

MOTION for Leave to Appear Pro Hac Vice − For an Order alllowing the admission of Georgia E. Yanchar, as attorney, pro hac vice to argue or try this case in whole or part as counsel for the pltffs. (Fee Paid: $25.00, Receipt: 013144). Filed by C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K.. (Coleman, Laurie) (Entered: 08/11/2004)

June 7, 2004
104

AFFIDAVIT of Jeffrey A. Simes on behalf of C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Support the 103 MOTION for an Order allowing the admission of Georgia E. Yanchar, as attorney, pro hac vice to argue or try this case in whole or part as counsel for the pltffs. (Fee Paid: $25.00, Receipt: 013144). (Coleman, Laurie) (Entered: 08/11/2004)

June 7, 2004
106

ORDER − Before the Court is the dft William Floyd's letter application seeking 1) to limit the number of school district depositions and 2) to compel the pltffs to produce Ms. Julianelle, who has been designated as the pltffs' 30(6)(b) witness, for a deposition in this district or to designate an alternative witness. Also before the court is the pltffs' letter application, seeking on behalf of the parties in the action, guidance in scheduling the depositions. The thirty−four deposition notices served upon the dfts without leave of the court are stricken. In light of the nature of this case and given the expedited discovery schedule each side may conduct up to 25 depositions. Pltffs may conduct depositions consistent with this order. As to the merits of the dft's motion to compel Ms. Julianelle to appear in person for her deposition, it is clear that the court may, upon motion, order that a deposition be taken by telephone. The dfts may either collectively contribute to the reasonable cost of producing Ms. Julianelle in this district or she may appear by telephone. The pltffs are reminded that if Ms. Julianelle appears by telephone, such depositions must also comply with Rule 28(b). Given the court's ruling with respect to the thirty−four notices of depositions, the pltffs' letter application seeking guidance in scheduling the depositions is moot. (See Order for further details). (Signed by Judge Arlene R. Lindsay, on 6/10/04). C/F(Coleman, Laurie) Modified on 8/12/2004 (Coleman, Laurie). (Entered: 08/11/2004)

June 10, 2004
68

Letter dated 6/7/04 from Neil M. Block to Hon. Arthur D. Spatt re: This firm is counsel to thirteen (13) of the named school district defendants in the above−captioned litigation, including Central Islip Union Free School District. I make this application pursuant to Local Rule 1.4 for permission to withdraw from our representation of Central Islip based on a conflict of interest. (Dachille, Patti) (Entered: 06/26/2004)

June 14, 2004

Endorsed ORDER re granting 68 Letter Application to withdraw from representation of Central Islip Union Free School District: Request to withdraw as counsel for defendant Central Islip Union Free School district is granted only when the defendant's new counsel has filed a notice of appearance. So Ordered. Signed by Judge Arthur D. Spatt on 6/14/04. d/f. EOD#68.(Dachille, Patti) (Entered: 06/26/2004)

June 14, 2004
105

ORDER granting 103 Motion for Leave to Appear Pro Hac Vice − The admitted attorney Georgia E. Yanchar is permitted to argue or try this particular case in whole or in part as counsel for pltffs. (Fee Paid: $25.00, Receipt #013144). (Signed by Judge Arthur D. Spatt on 6/14/04). C/M (Coleman, Laurie) (Entered: 08/11/2004)

June 14, 2004
58

AFFIDAVIT OF SERVICE filed by Amityville School District, Hampton Bays School District, Middle Country School District, North Babylon School District, South Country School District − On 5/26/04 a copy of the Order of Judge Spatt, dated 5/24/04, was served by facsimile transmission and by U.S. Postal Service to Jeffrey A. Simes, Esq., Office of the Attorney General, Laurie Pack, Esq., Neil M. Block, Esq., Sanjay Malhotra, Esq. (Coleman, Laurie) (Entered: 06/16/2004)

June 16, 2004
65

CERTIFICATE OF SERVICE by M.K., M.W., National Law Center on Homelessness and Poverty, R.I., T.K. − On 3/30/04 a copy of the Motion to file Affidavit Under Seal, Order to Show Cause, a proposed Order, and the Affidavit of R.C. was served upon all counsel listed herein. (Documents did not contain a file stamp date and therefore were stamped as of date of receipt in docketed, 6/16/04).(Coleman, Laurie) (Entered: 06/18/2004)

June 16, 2004
66

AMENDED COMPLAINT /(First Amended Class Action Complaint for Declatory and Injunctive Relief) against Amityville School District, Bay Shore Union Free School District, Brentwood School District, Central Islip School District, Copiague Union Free School District, Janet Demarzo, Robert Doar, John Doe, Sheila Evans−Tranumn, Hampton Bays School District, Dan Hickey, Longwood Central School District, Patricia McGuirk, Medford School District, Middle Country School District, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, North Babylon School District, Riverhead School District, South Country School District, South Huntington School District, State of New York, Suffolk County Department of Social Services, William Floyd School District, filed by R.C., C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., T.K..(Coleman, Laurie) (Entered: 06/18/2004)

June 16, 2004
74

MOTION to Dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the FRCP. (Motion Filed: 7/19/04, Motion Served: 6/18/04). Filed by Robert Doar, Sheila Evans−Tranumn, Patricia McGuirk, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, State of New York. (Coleman, Laurie) (Entered: 07/20/2004)

June 18, 2004
75

AFFIRMATION of Susan M. Connolly on behalf of the "State Dfts" Re: In Support of their 74 MOTION to Dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the FRCP. (Motion Filed: 7/19/04, Motion Served: 6/18/04). Filed by Robert Doar, Sheila Evans−Tranumn, Patricia McGuirk, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, State of New York. (Coleman, Laurie) (Entered: 07/20/2004)

June 18, 2004
77

MEMORANDUM OF LAW by C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Opposition to the "State Dfts" 74 MOTION to Dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the FRCP. (Motion Filed: 7/19/04, Motion Served: 6/18/04). (Coleman, Laurie) (Entered: 07/20/2004)

June 18, 2004
78

DECLARATION of Jeffrey A. Simes on behalf of C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Opposition to the State Dfts' 74 MOTION to Dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the FRCP. (Motion Filed: 7/19/04, Motion Served: 6/18/04). (Coleman, Laurie) (Entered: 07/20/2004)

June 18, 2004
79

REPLY MEMORANDUM OF LAW by Robert Doar, Sheila Evans−Tranumn, Patricia McGuirk, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, State of New York Re: In Further Support of the State Dfts' 74 MOTION to Dismiss the First Amended Complaint pursuant to Rule 12(b)(6) of the FRCP. (Motion Filed: 7/19/04, Motion Served: 6/18/04). (Coleman, Laurie) (Entered: 07/20/2004)

June 18, 2004
125

Copy of a Subpoena in a civil case sent to Suffolk County Child Protective and Preventive Services. (Signed by Magistrate Judge Lindsay) (Mierzejewski, Elizabeth) (Entered: 10/20/2004)

June 18, 2004
70

LETTER MOTION dated 6/24/04 from Neil Block to Judge Spatt Re: The undersigned represent the Pltffs and eleven of the thirteen School District Dfts. We write to inform the Court that Pltffs and eleven School District Dfts represented by Mr. Block (the "Settling Dfts") have reached an agreement in principle to settle the lawsuit as to the Settling Dfts. The settling Dfts include all of the School District Dfts with the exception of William Floyd and Central Islip. We jointly request that the Court suspend all deadlines in this case as they relate to the School District Defendants, and permit the parties to submit a revised Discovery Plan should the need arise, in order to facilitate settlement. (Coleman, Laurie) (Entered: 06/30/2004)

June 25, 2004

ENDORSED ORDER on 70 Letter Application − Request to suspend all deadlines GRANTED. Deadlines shall be suspended until 8/20/04. (Signed by Judge Arthur D. Spatt on 6/25/04). EOD #70. C/M(Coleman, Laurie) (Entered: 06/30/2004)

June 25, 2004
71

LETTER MOTION dated 6/24/04 from Jeffrey Simes to Judge Lindsay Re: Pltffs requests that the SCDSS dfts be ordered to 1) immediately and completely respond to pltffs' interrogatories, with all objections being deemed waived as untimely; 2) produce all responsive documents immediately; 3) correct and supplement their erroneous and misleading responses to pltffs' documents requests; and 4) pay pltffs' costs and fees on this motion and on any continuations of depositions necessitated by the SCDSS dfts' evasive approach to discovery, and that the Court grant such other relief as it deems appropriate. (Coleman, Laurie) (Entered: 07/07/2004)

June 30, 2004

ENDORSED ORDER on 71 Letter Application − 1) Consistent with discussions held with this Court the SCDSS is directed to respond to outstanding interrogatory and document requests forthwith; 2) Motion to preclude objections is denied; 3) Motion for costs is denied. (Signed by Judge Arlene R. Lindsay on 6/30/04). EOD #71. C/F.(Coleman, Laurie) (Entered: 07/07/2004)

June 30, 2004
72

LETTER dated 7/2/04 from Assistant Attorney General, State of NY to Judges Spatt/Lindsay Re: To request a three−week extension of the discovery schedule imposed by the Court in this case. The parties submit the following schedule: 7/8/04 − Service of opposition to mostion to dismiss; 7/15/04 − Service of reply regarding motion to dismiss; 7/19/04 − Identification of experts with CVs; 8/9/04 − Conclusion of fact discovery; 8/13/04 − Service of expert reports; 8/31/04 − conclusion of expert discovery. (Coleman, Laurie) (Entered: 07/08/2004)

July 2, 2004
73

CONSENT TO CHANGE ATTORNEY − It is hereby consented by and between the undersigned that Lewis Johs Avallone Aviles & Kaufman, 425 Broad Hollow Road, Melville, NY 11747, be substituted as attorney of record for dft Central Islip School District in place and stead of Ingerman Smith, LLP. Withdrawing Attorneys: Neil, M. Block, Esq., of Ingerman Smith, LLP; Substituting Attorneys: Robert Cimino, Esq., of Lewis Johs Avallone Aviles & Kaufman. Mr. Cimino is directed to serve a copy of this order on all parties upon receipt. (Signed by Judge Arthur D. Spatt on 7/12/04). C/M(Coleman, Laurie) (Entered: 07/16/2004)

July 12, 2004
80

LETTER/FAX dated 7/13/04 from Jeffrey Simes to Judge Lindsay Re: We request a ruling from Your Honor compelling the SCDSS dfts to produce the computer printouts from the Placement Unit, redacted so as not to reveal the names of the individual clients or families, immediately.(Coleman, Laurie) (Entered: 07/23/2004)

July 13, 2004
110

ANSWER to 66 Amended Complaint by William Floyd School District.(Coleman, Laurie) (Entered: 08/12/2004)

July 13, 2004
81

LETTER MOTION dated 7/13/04 from Jennifer McNamara to Judge Lindsay Re: I write in response to Mr. Simes letter of 7/13/04, regarding a discovery dispute. We request that Your Honor deny counsel's request as unduly burdensome and irrelevent. (Coleman, Laurie) (Entered: 07/23/2004)

July 22, 2004

State / Territory: New York

Case Type(s):

Education

Key Dates

Filing Date: Feb. 20, 2004

Closing Date: March 1, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All school-aged children who, on or after September 1, 2001:(1) have lived, are living or will live in Suffolk County, New York; and (2) during such period have been, are, or will be “homeless” as defined in the McKinney–Vento Act, and all parents, guardians or persons in a parental relationship for such children, and National Law Center on Homelessness and Poverty

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York State Education Department and its employees (Albany, Albany), State

New York State Office of Temporary and Disability Assistance (Albany, Albany), State

Suffolk County Department of Social Services and its employees (Multiple, Suffolk), County

Hampton Bays School District (Southampton, Suffolk), School District

Middle Country School District (Brookhaven, Suffolk), School District

Longwood Central School District (Brookhaven, Suffolk), School District

Copiague Union Free School District (Copiague, Suffolk), School District

South Huntington School District (Huntington Station, Suffolk), School District

Medford School District (Medford, Suffolk), School District

William Floyd School District (Brookhaven, Suffolk), School District

Central Islip School District (Islip, Suffolk), School District

Bay Shore Union Free School District (Bay Shore, Suffolk), School District

South Country School District (East Patchogue, Suffolk), School District

Brentwood School District (Brentwood, Suffolk), School District

North Babylon School District (North Babylon, Suffolk), School District

Amityville School District (Amityville, Suffolk), School District

Riverhead School District (Riverhead, Suffolk), School District

John Doe School Districts 1-10 (Various), School District

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 378,291.33

Order Duration: 2004 - 2008

Content of Injunction:

Busing

Implement complaint/dispute resolution process

Monitoring

Required disclosure

Training

Issues

General:

Access to public accommodations - governmental

Education

Placement in shelters

Poverty/homelessness

Disability:

disability, unspecified

Type of Facility:

Government-run

Benefit Source:

Stewart B. McKinney Homeless Assistance Act, 42 U.S.C.A. §§ 11301 et seq.