Civil Rights Litigation Clearinghouse

Case: S. v. City of New York

1:17-cv-07661 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 6, 2017

Case Ongoing

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Case Summary

On October 6, 2017, parents with perceived or actual intellectual disabilities who had been investigated for child abuse or neglect by New York City's Administration for Children's Services filed this class action lawsuit against New York City in the U.S. District Court for the Southern District of New York. The plaintiffs sought declaratory and injunctive relief against the defendant for violations of Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Specifically, the plaintiffs alleged that the defendants failed to provide services, programs, and training tailored to the plaintiffs' needs and, as a result, they were disadvantaged during each stage of a child welfare case. The plaintiffs were represented by the New York Legal Assistance Group and private counsel. The case was assigned to Judge Alison Nathan.

The plaintiffs filed a motion for class certification on September 28, 2018. On September 3, 2019, Judge Nathan referred the case to Magistrate Judge Barbara Moses for the purpose of settlement. The next day, Judge Nathan administratively denied the plaintiffs' motion to certify the class. This would allow the plaintiffs refile the motion later if they so chose. The parties have been engaged in settlement discussions and the case is ongoing as of May 2020.

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Summary Authors

Cade Boland (6/15/2018)

Hope Brinn (5/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7956757/parties/s-v-the-city-of-new-york/

Judge(s)

Nathan, Alison Julie (New York)

Attorneys(s) for Plaintiff

Hsiao, Iris (New York)

Jois, Elizabeth Anne (New York)

Julme, Thalia (New York)

Katz, Sharon (New York)

Lutchen, Alexa B (New York)

Manning, Meredith (District of Columbia)

McNair, Cindy Siyao (New York)

Sheinfeld, Dara Lynn (New York)

Stevens, Jane Greengold (New York)

Judge(s)

Nathan, Alison Julie (New York)

Attorneys(s) for Plaintiff

Hsiao, Iris (New York)

Jois, Elizabeth Anne (New York)

Julme, Thalia (New York)

Katz, Sharon (New York)

Lutchen, Alexa B (New York)

Manning, Meredith (District of Columbia)

McNair, Cindy Siyao (New York)

Sheinfeld, Dara Lynn (New York)

Stevens, Jane Greengold (New York)

Windels, James H.R. (New York)

Wolfgang, Katelyn Trionfetti (New York)

Attorneys(s) for Defendant

Jacob, Agnetha Elizabeth (New York)

Mbaye, Leslie Berson (New York)

Schnittman, Evan Robert (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER] S. v. The City of New York	May 1, 2020	Docket
1	Complaint	Oct. 6, 2017	Complaint
85	Order	Sept. 24, 2019	Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7956757/s-v-the-city-of-new-york/

Last updated May 20, 2022, 4:40 a.m.

ECF Number	Description	Date	Link
2	CIVIL COVER SHEET filed. (Windels, James) (Entered: 10/06/2017)	Oct. 6, 2017
36	Letter	Sept. 28, 2018	PACER
3	REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York c/o Corporation Counsel, re: 1 Complaint. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 10/06/2017)	Oct. 6, 2017
37	Certify Class	Sept. 28, 2018	PACER
38	Memorandum of Law in Support of Motion	Sept. 28, 2018	PACER
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above−entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (kl) (Entered: 10/10/2017)	Oct. 10, 2017
39	Declaration in Support of Motion	Sept. 28, 2018	PACER
	Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (kl) (Entered: 10/10/2017)	Oct. 10, 2017
40	Declaration in Support of Motion	Sept. 28, 2018	PACER
	Case Designated ECF. (kl) (Entered: 10/10/2017)	Oct. 10, 2017
4	ELECTRONIC SUMMONS ISSUED as to The City of New York. (kl) (Entered: 10/10/2017)	Oct. 10, 2017
41	Declaration in Support of Motion	Sept. 28, 2018	PACER
42	Declaration in Support of Motion	Sept. 28, 2018	PACER
5	NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/26/2018 at 02:45 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference, as further set forth in this order. (Signed by Judge Alison J. Nathan on 10/12/2017) (jwh) (Entered: 10/12/2017)	Oct. 12, 2017
43	Declaration in Support of Motion	Sept. 28, 2018	PACER
6	AFFIDAVIT OF SERVICE of Summons in a Civil Action, Complaint, Civil Cover Sheet, Individual Practice in Civil Cases of Judge Alison J. Nathan and Electronic Case Filing Rules & Instructions served on The City of New York c/o Corporation Counsel on 10/10/2017. Service was accepted by Betty Mazyck, Authorized Agent. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 10/16/2017)	Oct. 16, 2017
44	Declaration in Support of Motion	Sept. 28, 2018	PACER
7	NOTICE OF APPEARANCE by Jane Greengold Stevens on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Stevens, Jane) (Entered: 10/16/2017)	Oct. 16, 2017
45	Declaration in Support of Motion	Sept. 28, 2018	PACER
8	NOTICE OF APPEARANCE by Thalia Julme on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Julme, Thalia) (Entered: 10/16/2017)	Oct. 16, 2017
46	Declaration in Support of Motion 1 Exhibit A: January 12, 2016 letter from Joseph Cardieri View on PACER	Sept. 28, 2018	PACER
9	NOTICE OF APPEARANCE by Elizabeth Anne Jois on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Jois, Elizabeth) (Entered: 10/17/2017)	Oct. 17, 2017
10	NOTICE OF APPEARANCE by James H.R. Windels on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 10/17/2017)	Oct. 17, 2017
47	Declaration in Support of Motion	Sept. 28, 2018	PACER
11	NOTICE OF APPEARANCE by Sharon Katz on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Katz, Sharon) (Entered: 10/17/2017)	Oct. 17, 2017
48	Declaration in Support of Motion	Sept. 28, 2018	PACER
49	Memo Endorsement	Oct. 2, 2018	PACER
12	NOTICE OF APPEARANCE by Iris Hsiao on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Hsiao, Iris) (Entered: 10/17/2017)	Oct. 17, 2017
13	NOTICE OF APPEARANCE by Alexa B Lutchen on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Lutchen, Alexa) (Entered: 10/17/2017)	Oct. 17, 2017
50	Extension of Time	Nov. 16, 2018	PACER
51	Order on Motion for Extension of Time	Nov. 21, 2018	PACER
14	NOTICE OF APPEARANCE by Dara Lynn Sheinfeld on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Sheinfeld, Dara) (Entered: 10/17/2017)	Oct. 17, 2017
15	NOTICE OF APPEARANCE by Cindy Siyao McNair on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (McNair, Cindy) (Entered: 10/18/2017)	Oct. 18, 2017
52	Leave to File Document	Dec. 10, 2018	PACER
53	Notice of Appearance	Dec. 11, 2018	PACER
17	NOTICE OF APPEARANCE by Evan Robert Schnittman on behalf of The City of New York. (Schnittman, Evan) (Entered: 10/26/2017)	Oct. 26, 2017
18	AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference and Judge Alison J. Nathan's Individual Practices in Civil Cases served on Lesley Mbaye and Evan Schnittman on October 26, 2017. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 10/26/2017)	Oct. 26, 2017
54	Extension of Time to Complete Discovery	Dec. 13, 2018	PACER
55	Order on Motion for Extension of Time to Complete Discovery	Dec. 13, 2018	PACER
19	CONSENT LETTER MOTION for Extension of Time to File a response to the Complaint addressed to Judge Alison J. Nathan from Lesley Berson Mbaye and Evan Robert Schnittman dated October 27, 2017. Document filed by The City of New York.(Mbaye, Lesley) (Entered: 10/27/2017)	Oct. 27, 2017
56	Order on Motion for Leave to File Document	Dec. 21, 2018	PACER
20	ORDER granting 19 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/30/2017) (mml) (Entered: 10/30/2017)	Oct. 30, 2017
	Set/Reset Deadlines: The City of New York answer due 11/30/2017. (mml) (Entered: 10/30/2017)	Oct. 30, 2017
66	Reply Memorandum of Law in Support of Motion	March 12, 2019	PACER
21	CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 1 Complaint addressed to Judge Alison J. Nathan from Lesley Berson Mbaye and Evan Robert Schnittman dated November 27, 2017. Document filed by The City of New York.(Mbaye, Lesley) (Entered: 11/27/2017)	Nov. 27, 2017
67	Declaration in Support of Motion 1 Exhibit A-The American with Disabilities Act (ADA) Procedure View on PACER 2 Exhibit B-Foster Care Quality Assurance Standards View on PACER 3 Exhibit C-Jackson Deposition Transcript Excerpts View on PACER 4 Exhibit D-Ovadek Deposition Transcript Excerpts View on PACER 5 Exhibit E-McLeod Deposition Transcript Excerpts View on PACER 6 Exhibit F-Louallen Deposition Transcript Excerpts View on PACER 7 Exhibit G-Shapiro (Brooklyn Defender Services) Declaration View on PACER 8 Exhibit H-Ketteringham (Bronx Defenders) Declaration View on PACER 9 Exhibit I-Burrell (Neighborhood Defender Service of Harlem) Declaration View on PACER 10 Exhibit J-Cortese (Center for Family Representation) Declaration View on PACER 11 Exhibit K-Lash (Sinergia) Declaration View on PACER 12 Exhibit L-Shantell S. Declaration View on PACER 13 Exhibit M-Josefina S. Declaration View on PACER 14 Exhibit N-Deaja D. Declaration View on PACER 15 Exhibit O-Cynthia Q. Declaration View on PACER 16 Exhibit P-Bianca M. Declaration View on PACER	March 12, 2019	PACER
68	Extension of Time to Complete Discovery	April 1, 2019	PACER
22	ORDER: granting 21 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. The City of New York answer due 1/2/2018. (Signed by Judge Alison J. Nathan on 11/27/2017) (ama) Modified on 11/27/2017 (ama). (Entered: 11/27/2017)	Nov. 27, 2017
	Set/Reset Deadlines: The City of New York answer due 1/2/2018. (ama) (Entered: 11/27/2017)	Nov. 27, 2017
69	Order on Motion for Extension of Time to Complete Discovery	April 8, 2019	PACER
70	Letter	April 26, 2019	PACER
23	NOTICE OF APPEARANCE by Katelyn Trionfetti Wolfgang on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Wolfgang, Katelyn) (Entered: 12/05/2017)	Dec. 5, 2017
71	Memo Endorsement	April 30, 2019	PACER
24	ANSWER to 1 Complaint. Document filed by The City of New York.(Schnittman, Evan) (Entered: 01/02/2018)	Jan. 2, 2018
25	JOINT LETTER addressed to Judge Alison J. Nathan dated January 19, 2018 re: Pre−Trial Conference. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Attachments: # 1 Proposed Case Management Plan)(Windels, James) (Entered: 01/19/2018)	Jan. 19, 2018
72	Letter	June 11, 2019	PACER
73	Withdraw as Attorney	July 29, 2019	PACER
26	LETTER addressed to Judge Alison J. Nathan from James H.R. Windels dated January 19, 2018 re: Appearances at Pretrial Conference. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S..(Windels, James) (Entered: 01/19/2018)	Jan. 19, 2018
74	Order on Motion to Withdraw as Attorney	Aug. 2, 2019	PACER
27	MEMO ENDORSEMENT on re: 26 Letter filed by Bianca M., Cynthia Q., Deaja D., Josefina S., Shantell S. ENDORSEMENT: So Ordered. (Signed by Judge Alison J. Nathan on 1/22/2018) (cf) (Entered: 01/22/2018)	Jan. 22, 2018
28	STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered. (Signed by Judge Alison J. Nathan on 1/22/18) (yv) (Entered: 01/22/2018)	Jan. 22, 2018
75	Extension of Time to Complete Discovery	Aug. 8, 2019	PACER
76	Order on Motion for Extension of Time to Complete Discovery	Aug. 9, 2019	PACER
29	JOINT LETTER addressed to Judge Alison J. Nathan from James H.R. Windels dated January 19, 2018 re: /Corrected Joint Pretrial Conference Letter Providing Information Requested by the Court in its October 12, 2017 Notice of Initial Pretrial Conference. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Attachments: # 1 [Proposed] Case Management Plan)(Windels, James) (Entered: 01/25/2018)	Jan. 25, 2018
30	CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. § 636(c). Depositions due by 10/12/2018. Expert Deposition due by 1/28/2019. Fact Discovery due by 12/14/2018. Expert Discovery due by 1/28/2019. Case Management Conference set for 1/11/2019 at 02:00 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 1/26/2018) (mml) (Entered: 01/29/2018)	Jan. 29, 2018
77	Order	Sept. 10, 2019	PACER
	Minute Entry for proceedings held before Judge Alison J. Nathan. Initial Pretrial Conference held on 1/26/2018. See transcript for complete details. (Court Reporter Paula Speer) (qs) (Entered: 01/29/2018)	Jan. 29, 2018
78	Status Report	Sept. 13, 2019	PACER
79	Notice of Substitution of Attorney	Sept. 17, 2019	PACER
31	TRANSCRIPT of Proceedings re: CONFERENCE held on 1/26/2018 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/6/2018. Redacted Transcript Deadline set for 3/16/2018. Release of Transcript Restriction set for 5/14/2018.(McGuirk, Kelly) (Entered: 02/13/2018)	Feb. 13, 2018
80	Letter	Sept. 17, 2019	PACER
32	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/26/18 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 02/13/2018)	Feb. 13, 2018
33	STATUS REPORT. concerning discovery and settlement issues raised at the Initial Pretrial Conference Document filed by The City of New York.(Mbaye, Lesley) (Entered: 02/23/2018)	Feb. 23, 2018
81	Notice of Appearance	Sept. 17, 2019	PACER
82	Memo Endorsement	Sept. 19, 2019	PACER
34	LETTER addressed to Judge Alison J. Nathan from Katelyn Trionfetti Wolfgang dated February 23, 2018 re: The Court's Order to the Parties to Submit Letters by February 23, 2018, to Address a Stay of Discovery for Settlement. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S..(Wolfgang, Katelyn) (Entered: 02/23/2018)	Feb. 23, 2018
35	NOTICE OF APPEARANCE by Agnetha Elizabeth Jacob on behalf of The City of New York. (Jacob, Agnetha) (Entered: 03/27/2018)	March 27, 2018
83	Memo Endorsement	Sept. 19, 2019	PACER
84	Order Referring Case to Magistrate Judge	Sept. 23, 2019	PACER
85	Order on Motion to Certify Class	Sept. 24, 2019	PACER
86	Order	Oct. 2, 2019	PACER
87	Extension of Time	Oct. 31, 2019	PACER
88	Order on Motion for Extension of Time	Nov. 4, 2019	PACER
89	Adjourn Conference	Nov. 12, 2019	PACER
90	ORDER granting 89 Letter Motion to Adjourn Conference. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/12/2019) (kv)	Nov. 12, 2019	RECAP
91	Status Report	Dec. 17, 2019	PACER
92	Status Report	Dec. 17, 2019	PACER
93	Memo Endorsement	Dec. 19, 2019	PACER
94	Status Report	Jan. 30, 2020	PACER
95	Status Report	Jan. 30, 2020	PACER
96	Memo Endorsement	Jan. 31, 2020	PACER
97	Memo Endorsement	Feb. 3, 2020	PACER
98	Status Report	March 16, 2020	PACER
99	Memo Endorsement	March 19, 2020	PACER
100	Status Report	April 29, 2020	PACER
101	Memo Endorsement	May 1, 2020	PACER
102	Status Report	June 29, 2020	PACER
103	Memo Endorsement	June 30, 2020	PACER
104	Status Report	Aug. 28, 2020	PACER
105	~Util - Set Deadlines AND Memo Endorsement	Aug. 31, 2020	PACER

State / Territory: New York

Case Type(s):

Child Welfare

Key Dates

Filing Date: Oct. 6, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Parents with actual or perceived intellectual disabilities who have been or will be investigated for child abuse or neglect by Defendant's Administration for Children's Services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

The City of New York (The City of New York), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action: