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

Clearinghouse coding complete

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 o…

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.

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)

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:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to public accommodations - governmental

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Individualized planning

Parents (visitation, involvement)

Pattern or Practice

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified