Case: Butler v. City of New York

1:15-cv-03783 | U.S. District Court for the Southern District of New York

Filed Date: May 15, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

In this case, New York City residents with disabilities who are homeless alleged that the city's homeless services failed to accommodate them. On May 15, 2015, several named plaintiffs who are homeless and disabled filed this class-action lawsuit in the US District Court of the Southern District of New York. The plaintiff sued the city of New York and New York City's Department of Homeless Services (DHS) under the Americans with Disabilities Act (ADA), the Rehabilitation Act, the New York State…

In this case, New York City residents with disabilities who are homeless alleged that the city's homeless services failed to accommodate them. On May 15, 2015, several named plaintiffs who are homeless and disabled filed this class-action lawsuit in the US District Court of the Southern District of New York. The plaintiff sued the city of New York and New York City's Department of Homeless Services (DHS) under the Americans with Disabilities Act (ADA), the Rehabilitation Act, the New York State Civil Rights Law, the New York State Social Services Law, and the City Administrative Procedure Act. They also alleged defendants' conduct violated the due process clause of the U.S. Constitution and the New York State Constitution. Represented by The Legal Aid Society and White & Case LLP, plaintiffs sought declaratory and injunctive relief along with compensatory damages and attorneys' fees. The case was initially assigned to Judge Robert Sweet.

Plaintiffs alleged that DHS failed to make reasonable accommodation for those with disabilities. They claimed that DHS's intake procedures and placement practices violated the ADA by failing to provide accommodations for mobility, visual, and auditory impairments. They also alleged that DHS routinely denied class members placement in shelters because they failed to consider how disabilities could invalidate the feasibility of alternative housing options. Finally, even when DHS actually provides shelter to homeless individuals with disabilities, the complaint alleged that the shelters do not have reasonable accommodations for visual, dietary, and physical disabilities.

The court certified plaintiffs' class on October 20, 2016. The class covers those who have a disability as defined by the Americans with Disabilities Act, and are currently living in a DHS shelter system or tried or will try to access services or received any services through the DHS shelter system after May 14, 2012.

The parties reached a settlement just over a year later on September 6, 2017 and the court approved it on November 7, 2017. DHS agreed to make the system accessible for people with disabilities and attempt to identify individuals who may require accommodation who may need accommodations even if they do not request them. Additionally, DHS agreed to attempt to identify further problems with its systems and practices as they relate to people with disabilities. DHS also agreed to train its staff about the rights of people with disabilities and the settlement itself.

On October 1, 2018, the court granted compensatory damages for the named plaintiffs totaling $145,000. It also dismissed the individual damages claims in the same order.

On July, 8 2021, plaintiffs moved for a temporary restraining order (TRO) and a preliminary injunction to enforce the terms of their settlement. According to plaintiffs' motion, when the COVID-19 pandemic began, DHS housed class members in hotel rooms. Plaintiffs alleged that DHS ended this practice in July of 2021—placing class members back into congregate shelters instead. Due to class members' disabilities, DHS's change of course put class members at higher risk of contracting COVID. And due to their disabilities, class members were more likely to suffer severe consequences of infection.

The court granted plaintiffs' motion for TRO and preliminary injunction on July 13 and 21, respectively. The TRO was scheduled to end on August 19, 2021, but the parties reached a new settlement and the court approved their agreement on August 20, 2021. As part of the settlement, defendants agreed to enact reasonable procedures to accommodate class members' needs given the dangers posed by the pandemic. These procedures including conducting interviews with homeless people to try and provide reasonable accommodations where possible. These accommodations were designed to help homeless people move out of the temporary hotels without exposing them to excessive risk in light of COVID.

The case remains ongoing.

Summary Authors

Jordan Katz (10/12/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4523138/parties/butler-v-city-of-new-york/


Judge(s)

Caproni, Valerie Elaine (New York)

Attorneys(s) for Plaintiff

Alderdice, Jacob (New York)

Alsarraf, Ali Ibrahim (Illinois)

Carberry, Paul B (New York)

Fanneron, Evelyn Ann (New York)

Goldfein, Joshua E. (New York)

Goldiner, Judith (New York)

Hofmeister, Beth Christine (New York)

Holder, Adriene L. (New York)

James, Seymour W. Jr. (New York)

Judge(s)

Caproni, Valerie Elaine (New York)

Attorneys(s) for Plaintiff

Alderdice, Jacob (New York)

Alsarraf, Ali Ibrahim (Illinois)

Carberry, Paul B (New York)

Fanneron, Evelyn Ann (New York)

Goldfein, Joshua E. (New York)

Goldiner, Judith (New York)

Hofmeister, Beth Christine (New York)

Holder, Adriene L. (New York)

James, Seymour W. Jr. (New York)

Kliff, Kathryn Lynn (New York)

Smalls, Dawn Louise (New York)

Stephens, Kenneth (New York)

Attorneys(s) for Defendant

Dervin, James Monroe (New York)

Kruk, Carolyn Elizabeth (New York)

Pestana, Georgia (New York)

Roberts, Thomas B. (Pennsylvania)

Sprayregen, Sharon (New York)

Documents in the Clearinghouse

Document

1:15-cv-03783

Docket [PACER]

Sept. 28, 2021

Sept. 28, 2021

Docket
1

1:15-cv-03783

Complaint

May 15, 2015

May 15, 2015

Complaint
28

1:15-cv-03783

Amended Class Action Complaint for Discrimination; Declaratory and Injunctive Relief

Aug. 3, 2016

Aug. 3, 2016

Complaint
61

1:15-cv-03783

Motion to Approve the Proposed Stipulation and Order of Partial Settlement

Sept. 6, 2017

Sept. 6, 2017

Pleading / Motion / Brief
53

1:15-cv-03783

Stipulation of Settlement

May 17, 2021

May 17, 2021

Settlement Agreement
141

1:15-cv-03783

Stipulation and Order

Aug. 20, 2021

Aug. 20, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4523138/butler-v-city-of-new-york/

Last updated Aug. 15, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of New York, Gilbert Taylor. Document filed by Ricky Gibson, Sandra Butler.(moh) (rz). (Entered: 05/19/2015)

May 15, 2015

May 15, 2015

Clearinghouse

Summons Issued

May 15, 2015

May 15, 2015

PACER
2

ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Deborah A. Batts on 5/14/2015) (moh) (moh). (Entered: 05/19/2015)

May 15, 2015

May 15, 2015

PACER

Case Designation

May 15, 2015

May 15, 2015

PACER

SUMMONS ISSUED as to City of New York, Gilbert Taylor. (moh)

May 15, 2015

May 15, 2015

PACER

Case Designated ECF

May 15, 2015

May 15, 2015

PACER

Magistrate Judge James L. Cott is so designated. (moh)

May 15, 2015

May 15, 2015

PACER

Case Designated ECF. (moh)

May 15, 2015

May 15, 2015

PACER
3

CIVIL COVER SHEET filed. (moh) (rz). (Entered: 05/19/2015)

May 15, 2015

May 15, 2015

PACER
4

LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Robert W. Sweet from James M. Dervin dated June 10, 2015. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 06/10/2015)

June 10, 2015

June 10, 2015

PACER
5

ORDER granting 4 Letter Motion for Extension of Time. So ordered. (Signed by Judge Robert W. Sweet on 6/16/2015) (ajs) (Entered: 06/17/2015)

June 17, 2015

June 17, 2015

PACER

Set/Reset Deadlines

June 17, 2015

June 17, 2015

PACER

Set/Reset Deadlines: City of New York answer due 7/27/2015; Gilbert Taylor answer due 7/27/2015. (ajs)

June 17, 2015

June 17, 2015

PACER
6

SECOND LETTER MOTION for Extension of Time addressed to Judge Robert W. Sweet from James M. Dervin dated July 24, 2015. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
7

ORDER granting 6 Letter Motion for Extension of Time. So ordered. (Signed by Judge Robert W. Sweet on 7/29/2015) (ajs) (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER

Set/Reset Deadlines

July 30, 2015

July 30, 2015

PACER

Set/Reset Deadlines: City of New York answer due 9/25/2015; Gilbert Taylor answer due 9/25/2015. (ajs)

July 30, 2015

July 30, 2015

PACER
8

PRETRIAL ORDER: Pretrial Conference set for 10/14/2015 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (See Order.) (Signed by Judge Robert W. Sweet on 8/7/2015) (ajs) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
9

THIRD LETTER MOTION for Extension of Time addressed to Judge Robert W. Sweet from James M. Dervin dated September 24, 2015. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 09/24/2015)

Sept. 24, 2015

Sept. 24, 2015

PACER
10

ORDER granting 9 Letter Motion for Extension of Time. So ordered. (Signed by Judge Robert W. Sweet on 9/25/2015) (spo) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER

Set/Reset Deadlines

Sept. 25, 2015

Sept. 25, 2015

PACER

Set/Reset Deadlines: City of New York answer due 11/9/2015. Gilbert Taylor answer due 11/9/2015. (spo)

Sept. 25, 2015

Sept. 25, 2015

PACER
11

ORDER: Please be advised that the conference scheduled for 10/14/2015 has been rescheduled to 12/2/2015 at 4pm in Courtroom 18C Please notify opposing counsel of the change. (Pretrial Conference set for 12/2/2015 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/25/2015) (spo) (Entered: 09/25/2015)

Sept. 25, 2015

Sept. 25, 2015

PACER
12

NOTICE OF CHANGE OF ADDRESS by Joshua Evan Goldfein on behalf of All Plaintiffs. New Address: The Legal Aid Society, 199 Water St, 3d Floor, New York, New York, 10038, 2125773414. (Goldfein, Joshua) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER
13

FOURTH LETTER MOTION for Extension of Time addressed to Judge Robert W. Sweet from James M. Dervin dated November 5, 2015. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 11/05/2015)

Nov. 5, 2015

Nov. 5, 2015

PACER
14

ORDER granting 13 Letter Motion for Extension of Time. So ordered. (Signed by Judge Robert W. Sweet on 11/5/2015) (mro) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER

Set/Reset Deadlines

Nov. 9, 2015

Nov. 9, 2015

PACER

Set/Reset Deadlines: City of New York answer due 12/24/2015; Gilbert Taylor answer due 12/24/2015. (mro)

Nov. 9, 2015

Nov. 9, 2015

PACER
15

ORDER: Please be advised that the conference scheduled for 12-2-15 has been rescheduled to 1-20-16 at 4:00 pm in Courtroom 18C. Please notify opposing counsel of the change. ( Pretrial Conference set for 1/20/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 11/9/2015) (mro) (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

PACER

Minute Entry for proceedings held before Judge Robert W. Sweet: Initial Pretrial Conference held on 1/20/2016. Next pretrial conference is scheduled for April 20, 2016 at 4:00 p.m. (Chan, Tsz)

Jan. 20, 2016

Jan. 20, 2016

PACER

Pretrial Conference - Initial

Jan. 20, 2016

Jan. 20, 2016

PACER
16

ANSWER to 1 Complaint. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER
17

ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (http://nysd.uscourts.gov/mediation). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 2/1/2016. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr) (Entered: 01/21/2016)

Jan. 21, 2016

Jan. 21, 2016

PACER

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/9/2016.(cda)

Feb. 8, 2016

Feb. 8, 2016

PACER

Notice of Mediator Assignment

Feb. 8, 2016

Feb. 8, 2016

PACER
18

JOINT LETTER addressed to Judge Robert W. Sweet from James M. Dervin dated March 8, 2016 re: Removal from Mediation Program Referral. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 03/08/2016)

March 8, 2016

March 8, 2016

PACER
19

MEMO ENDORSEMENT on re: 18 Letter re: Removal from mediation, filed by Gilbert Taylor, City of New York. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 3/14/2016) (spo) (Entered: 03/15/2016)

March 14, 2016

March 14, 2016

PACER
21

JOINT LETTER MOTION to Adjourn Conference addressed to Judge Robert W. Sweet from James M. Dervin dated April 19, 2016. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

PACER
22

ORDER granting 21 Letter Motion to Adjourn Conference. So ordered. (Signed by Judge Robert W. Sweet on 4/19/2016) (mro) (Entered: 04/20/2016)

April 19, 2016

April 19, 2016

PACER
23

ORDER: Please be advised that the conference scheduled for 4/20/16 has been rescheduled to 5/4/16 at 4 pm in Courtroom 18C. Please notify opposing counsel of the change. ( Pretrial Conference set for 5/4/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 4/19/2016) (mro) (Entered: 04/20/2016)

April 19, 2016

April 19, 2016

PACER

Minute Entry for proceedings held before Judge Robert W. Sweet: Initial Pretrial Conference held on 5/4/2016. (Chan, Tsz)

May 4, 2016

May 4, 2016

PACER

Pretrial Conference - Initial

May 4, 2016

May 4, 2016

PACER
24

PRETRIAL ORDER: Pretrial Conference set for 11/9/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 5/31/2016) (kko) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

PACER
25

NOTICE OF APPEARANCE by Paul B Carberry on behalf of Sandra Butler, Ricky Gibson. (Carberry, Paul) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
26

NOTICE OF APPEARANCE by Evelyn Ann Fanneron on behalf of Sandra Butler, Ricky Gibson. (Fanneron, Evelyn) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
27

CONSENT ORDER: IT IS HEREBY ORDERED THAT: 1. Plaintiffs may file a First Amended Class Action Complaint; 2. Defendants have 45 days to file an Answer to the First Amended Class Action Complaint, calculated from the date the First Amended Class Action Complaint is filed and entered on the ECF docket; and 3. Defendants' defenses-procedural, substantive, or otherwise--to any claims or allegations Plaintiffs assert are not waived, nor are Defendants deemed to admit to the truth or accuracy of the allegations in the First Amended Class Action Complaint. 4. The caption for this case shall be modified to include all Named Plaintiffs and Defendants, and shall replace Gilbert Taylor with Steven Banks, the new Commissioner of the New York City Department of Social Services. The caption will appear as follows: O'Brien Morris, Richard Emmett, Roselle Diaz, Kevin Faison, Shaniqua Jackson, Center for Independence of the Disabled and New York and Coalition for the Homeless added. Gilbert Taylor (as Commissioner of the New York City Department of Homeless Services) terminated. (Signed by Judge Robert W. Sweet on 8/2/2016) (kl) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

RECAP
28

AMENDED COMPLAINT amending 1 Complaint against Steven Banks, City of New York, The New York City Department of Homeless Services with JURY DEMAND.Document filed by New York and Coalition for the Homeless, Kevin Faison, Roselle Diaz, Ricky Gibson, Shaniqua Jackson, Sandra Butler, Richard Emmett, O'Brien Morris, Center for Independence of the Disabled. Related document: 1 Complaint filed by Sandra Butler, Ricky Gibson.(Carberry, Paul) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

Clearinghouse
29

FIRST LETTER MOTION for Extension of Time to File Answer or otherwise respond to Amended Class Action Complaint (dkt. no. 28) addressed to Judge Robert W. Sweet from James M. Dervin dated September 19, 2016. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
30

ORDER granting 29 Letter Motion for Extension of Time to Answer: So ordered. Steven Banks answer due 10/3/2016; City of New York answer due 10/3/2016. (Signed by Judge Robert W. Sweet on 9/20/2016) (tn) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
31

AMENDED: Please be advised that the conference scheduled for 11/9/16 has been rescheduled to 11/15/16 at 12pm in Courtroom 18C. Please notify opposing counsel of the change. SO ORDERED. Pretrial Conference set for 11/15/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 9/30/2016) (kko) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
32

SECOND LETTER MOTION for Extension of Time to File Answer or otherwise respond to the Amended Class Action Complaint (dkt. no. 28) addressed to Judge Robert W. Sweet from James M. Dervin dated October 3, 2016. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

PACER
33

NOTICE OF APPEARANCE by Thomas B. Roberts on behalf of Steven Banks, City of New York, The New York City Department of Homeless Services. (Roberts, Thomas) (Entered: 10/03/2016)

Oct. 3, 2016

Oct. 3, 2016

PACER
34

ORDER granting 32 SECOND LETTER MOTION for Extension of Time to File Answer or otherwise respond to the Amended Class Action Complaint (dkt. no. 28) addressed to Judge Robert W. Sweet from James M. Dervin dated October 3, 2016. Document filed by Steven Banks, City of New York. So ordered. Steven Banks answer due 11/2/2016; City of New York answer due 11/2/2016. (Signed by Judge Robert W. Sweet on 10/4/2016) (rjm) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER
35

ORDER. The motion for class certification filed September 22, 2016 shall be heard at noon on Thursday, October 20, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. (Oral Argument set for 10/20/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 10/6/2016) (rjm) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
36

CONSENT MOTION to Certify Class . Document filed by Sandra Butler. Return Date set for 10/20/2016 at 12:00 PM. (Attachments: # 1 Text of Proposed Order Stipulation on Class Certification)(Stephens, Kenneth) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
37

STIPULATION AND ORDER OF CLASS CERTIFICATION. IT IS HEREBY STIPULATED AND AGREED, BY AND BETWEEN THE UNDERSIGNED, THAT THIS ACTION SHOULD BE CERTIFIED AS A CLASS ACTION PURSUANT TO RULE 23 OF THE FEDERAL RULES OF CIVIL PROCEDURE, and as further specified and set forth in this Stipulation and Order of Class Certification. Motions terminated: 36 CONSENT MOTION to Certify Class filed by Sandra Butler. Class Action Certified. (Signed by Judge Robert W. Sweet on 10/20/2016) (rjm) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

RECAP

Oral Argument

Oct. 20, 2016

Oct. 20, 2016

PACER

Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 10/20/2016 re: 36 CONSENT MOTION to Certify Class filed by Sandra Butler. The Court signed Stipulation and Order of Class Certification. (Chan, Tsz)

Oct. 20, 2016

Oct. 20, 2016

PACER
38

THIRD LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint & for an adjournment of the 11/15/16 pre-trial conference addressed to Judge Robert W. Sweet from James M. Dervin dated October 31, 2016. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
39

ORDER granting 38 THIRD LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint & for an adjournment of the 11/15/16 pre-trial conference addressed to Judge Robert W. Sweet from James M. Dervin dated October 31, 2016. Document filed by Steven Banks, City of New York. So ordered. The following hearing(s) was terminated: Pretrial Conference. Steven Banks answer due 12/2/2016; City of New York answer due 12/2/2016. (Signed by Judge Robert W. Sweet on 11/2/2016) (rjm) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
40

FOURTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated November 29, 2016. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
41

ORDER granting 40 FOURTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated November 29, 2016. Document filed by Steven Banks, City of New York. So ordered. Steven Banks answer due 1/2/2017; City of New York answer due 1/2/2017. (Signed by Judge Robert W. Sweet on 11/30/2016) (rjm) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
42

FIFTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated December 30, 2016. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 12/30/2016)

Dec. 30, 2016

Dec. 30, 2016

PACER
43

ORDER granting 42 FIFTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated December 30, 2016. Document filed by Steven Banks, City of New York. So ordered. Steven Banks answer due 2/1/2017; City of New York answer due 2/1/2017. (Signed by Judge Robert W. Sweet on 1/4/2017) (rjm) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
44

SIXTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated January 30, 2017. Document filed by Steven Banks, City of New York, Gilbert Taylor.(Dervin, James) (Entered: 01/30/2017)

Jan. 30, 2017

Jan. 30, 2017

PACER
45

ORDER granting 44 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Robert W. Sweet on 1/31/2017) (jwh) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER

Set/Reset Deadlines

Jan. 31, 2017

Jan. 31, 2017

PACER

Set/Reset Deadlines: Steven Banks answer due 3/3/2017; City of New York answer due 3/3/2017. (jwh)

Jan. 31, 2017

Jan. 31, 2017

PACER
46

SEVENTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated March 6, 2017. Document filed by Steven Banks, City of New York, Gilbert Taylor.(Dervin, James) (Entered: 03/06/2017)

March 6, 2017

March 6, 2017

PACER
47

ORDER granting 46 Letter Motion for Extension of Time Respond to the Amended Class Action Complaint: So ordered. (Signed by Judge Robert W. Sweet on 3/7/2017) (jwh) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

PACER

Set/Reset Deadlines

March 7, 2017

March 7, 2017

PACER

Set/Reset Deadlines: Steven Banks answer due 4/17/2017; City of New York answer due 4/17/2017; The New York City Department of Homeless Services answer due 4/17/2017. (jwh)

March 7, 2017

March 7, 2017

PACER
48

NOTICE OF CHANGE OF ADDRESS by Paul B Carberry on behalf of Sandra Butler, Center for Independence of the Disabled, Roselle Diaz, Richard Emmett, Kevin Faison, Ricky Gibson, Shaniqua Jackson, O'Brien Morris, New York and Coalition for the Homeless. New Address: White & Case LLP, 1221 Avenue of the Americas, New York, NY, 10020, (212) 819-8200. (Carberry, Paul) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
49

EIGHTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated April 14, 2017. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
50

ORDER granting 49 Letter Motion for Extension of Time to Answer: So ordered. (Steven Banks answer due 5/1/2017; City of New York answer due 5/1/2017; The New York City Department of Homeless Services answer due 5/1/2017) (Signed by Judge Robert W. Sweet on 4/17/2017) (jwh) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
51

NINTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated May 1, 2017. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
52

ORDER: granting 51 Letter Motion for Extension of Time to Answer. So ordered. Steven Banks answer due 5/15/2017; City of New York answer due 5/15/2017; The New York City Department of Homeless Services answer due 5/15/2017. (Signed by Judge Robert W. Sweet on 5/2/2017) (ap) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
53

JOINT LETTER addressed to Judge Robert W. Sweet from James M. Dervin dated May 15, 2017 re: Proposed Stipulation of Settlement. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

Clearinghouse
54

PRETRIAL ORDER, Counsel are directed to appear in courtroom 18C on Oct. 3, 2017 at 12 pm for a pretrial conference for the purpose of resolving any outstanding discovery or other issues, and setting a time for trial. Plaintiff(s)' counsel ARE REQUIRED TO NOTIFY COUNSEL FOR ALL PARTIES OF THIS CONFERENCE. Prior to the appearance at the pretrial conference, all counsel appearing in the action shall have discussed any open issues. It is so ordered. (Pretrial Conference set for 10/3/2017 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 6/28/17) (yv) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
56

ORDER PURSUANT RO FED. R. CIV. PRO 23(e): The Court hereby grants preliminary approval of the terms and conditions contained in the Settlement Agreement. The Court preliminarily finds that the terms of the Settlement Agreement appear to be within the range of possible approval, pursuant to Fed. R. Civ. P. 23(e) and applicable law. A Fairness Hearing pursuant to Fed. R. Civ. P. 23(e) shall be held before the undersigned on September 7, 2017, for purposes of determining whether the proposed Settlement is fair, reasonable, and adequate, and should be approved by the Court. The Fairness Hearing shall take place before the Honorable Robert W. Sweet, United States District Court, Southern District of New York, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007, and will begin at 01:00 p.m. The Fairness Hearing may be adjourned or continued from time to time without further notice. The Court hereby approves the Class Notice. Any member of the certified class may appear at the aforesaid Fairness Hearing on September 7, 2017 at 1:00 p.m., in person or by counsel, and object to the Settlement Agreement or give reasons why the proposed Settlement Agreement should not be approved as fair, reasonable, and adequate. Any member of the certified class may also object to or comment on the Settlement Agreement by submitting objections in writing. Objections or comments must be post-marked by September 2, 20 I 7 (insert 5 days before the hearing), to the Court at the address listed above, and a copy simultaneously served to the following: The Legal Aid Society Attn: Joshua Goldfein 199 Water Street New York, New York 10038 Attorneys for the certified class Any class member who fails to properly and timely file and serve objections or comments shall be foreclosed from objecting to the Settlement Agreement, unless otherwise ordered by the Court. The Court further orders that, pending further order from the Court, all proceedings in this Action, except those contemplated herein and in the Settlement Agreement shall be stayed, and as further set forth in this order. (Fairness Hearing set for 9/7/2017 at 1:00 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 7/7/2017) (ap) Modified on 7/10/2017 (rj). Modified on 7/11/2017 (jwh). (Entered: 07/10/2017)

July 7, 2017

July 7, 2017

PACER
57

ORDER re: 55 Order Striking Case, Set Hearings. The stipulation of settlement was inadvertently signed and entered on July 7, 2017, and is hereby vacated. The Clerk of the Court is directed to strike docket number 55 and the attached PDF. (Signed by Judge Robert W. Sweet on 7/10/2017) (rj) Modified on 7/11/2017 (jwh). Modified on 7/20/2017 (rj). (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER

Note Regarding Stricken Document

July 10, 2017

July 10, 2017

PACER

***STRICKEN DOCUMENT. Deleted document number 55 from the case record. The document was stricken from this case pursuant to 57 Order,. (rj)

July 10, 2017

July 10, 2017

PACER
58

NOTICE of of Proposed Class Action Settlement Under 28 U.S.C. 1715. Document filed by Steven Banks, City of New York. (Attachments: # 1 Exhibit Exh. A - Complaint, # 2 Exhibit Exh. B - Amended Class Action Complaint, # 3 Exhibit Exh. C - Proposed Order, # 4 Exhibit Exh. D - Proposed Class Notice, # 5 Exhibit Exh. E - Proposed Stipulation of Settlement)(Dervin, James) (Entered: 07/14/2017)

1 Exhibit Exh. A - Complaint

View on PACER

2 Exhibit Exh. B - Amended Class Action Complaint

View on PACER

3 Exhibit Exh. C - Proposed Order

View on PACER

4 Exhibit Exh. D - Proposed Class Notice

View on PACER

5 Exhibit Exh. E - Proposed Stipulation of Settlement

View on RECAP

July 14, 2017

July 14, 2017

PACER
59

NOTICE of Supplement to Notice of Proposed Class Action Settlement. Document filed by Steven Banks, City of New York. (Attachments: # 1 Exhibit Exh. F - Order on Fairness Hearing and Class Notice)(Dervin, James) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
60

CERTIFICATE OF SERVICE of Notice of Proposed Class Action Settlement and Supplemental Notice of Proposed Class Action Settlement served on U.S. Attorney General, and the Attorneys General for the States and Territories of the United States on 07/10/17. Service was made by MAIL. Document filed by Steven Banks, City of New York. (Dervin, James) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
61

CONSENT MOTION for Settlement . Document filed by Sandra Butler, Center for Independence of the Disabled, Roselle Diaz, Richard Emmett, Kevin Faison, Ricky Gibson, Shaniqua Jackson, O'Brien Morris, New York and Coalition for the Homeless. (Attachments: # 1 Text of Proposed Order, # 2 Attorney Declaration in support of Motion)(Hofmeister, Beth) (Entered: 09/06/2017)

1 Text of Proposed Order

View on RECAP

2 Attorney Declaration in support of Motion

View on RECAP

Sept. 6, 2017

Sept. 6, 2017

Clearinghouse

Minute Entry for proceedings held before Judge Robert W. Sweet: Fairness Hearing held on 9/7/2017. (Court Reporter Karen Gorlaski) (Chan, Tsz)

Sept. 7, 2017

Sept. 7, 2017

PACER

Fairness Hearing

Sept. 7, 2017

Sept. 7, 2017

PACER
62

ORDER: A fairness hearing was held on September 7, 2017 regarding the partial settlement in the above-referenced matter. As set forth on the record, the Court contingently found the settlement to be fair, reasonable and adequate. In accordance with the requirement in the Class Action Fairness Act of 2005, the Court's approval is not effective until October 16, 2017, assuming no Objections are received. If no objections are received by that date, the Court will post the Order on ECF and the settlement will become fully effective. If objections are received, the parties should immediately notify the Court. (Signed by Judge Robert W. Sweet on 9/7/2017) (ap) Modified on 9/20/2017 (ap). (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
63

TRANSCRIPT of Proceedings re: CONFERENCE held on 9/7/2017 before Judge Robert W. Sweet. Court Reporter/Transcriber: Karen Gorlaski, (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 10/25/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/2/2018.(McGuirk, Kelly) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
64

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/7/17 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: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
65

CONSENT MOTION for Judgment approving class action settlement re: dkt. no. 62. Document filed by Steven Banks, City of New York. (Attachments: # 1 Exhibit Stipulation of Settlement)(Dervin, James) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
66

JUDGMENT APPROVING CLASS ACTION SETTLEMENT. IT IS HEREBY ORDERED THAT:1. The Court has jurisdiction over the subject matter of this Action and personal jurisdiction over Plaintiffs and Defendants. 2. The Stipulation of Settlement is procedurally fair, resulting from arm's-length negotiations by the parties for a period of nine months. 3. The Stipulation of Settlement is substantively fair and meets the criteria set forth by the Second Circuit in City of Detroit v. Grinnell Corp., 495 F.2d 448 (2d Cir. 1974), because: (a) the Stipulation of Settlement grants relief to all members of the Class without subjecting them to the risks, complexity, duration, and expense of continuing litigation; (b) the reaction of the Class to the Stipulation of Settlement has been overwhelmingly favorable as there have been no meritorious objections to weigh against approval; (c) the state of the proceedings, the amount of discovery completed, and negotiations to date have enabled the parties to evaluate the nature and scope of the potential relief to the Class Members; (d) the risks associated with establishing liability and entitlement to relief, and maintaining the Action through trial weigh in favor of the Stipulation of Settlement; and (e) the Stipulation of Settlement is within the reasonable range of recovery given the best possible outcome, along with the risks associated with litigation, and it provides substantial benefits to members of the Class. Were this action to proceed to trial, the Class would be required to wait longer for relief, and any such relief would not be guaranteed. 4. Notice was given substantially in accordance with the Settlement and the Court's Order Approving Notice in Class Action, entered on July 7, 2017. In addition, in compliance with the Class Action Fairness Act, 28 U.S.C. § 1715, Defendants provided notice of the proposed Settlement to all federal, state, and territorial Attorneys General on or about July 10, 2017. See Dkt. Nos. 58 & 59. Such notice provided the best notice practicable under the circumstances. Said notice provided due and adequate notice of these proceedings and the matters set forth herein, including the Stipulation of Settlement, to all persons entitled to such notice, and said notice fully satisfied the requirements of Federal Rule of Civil Procedure 23, the Class Action Fairness Act, the Constitution of the United States, and any other applicable law. A full opportunity has been offered to the members of the Class and to federal, state, and territorial Attorneys General to object to the proposed Stipulation of Settlement and to participate in the hearing thereon, and it is hereby determined that all Class Members are bound by this judgment. 5. The Stipulation of Settlement is approved as fair, reasonable, and adequate, and in the best interests of the members of the Class. The Parties to the Stipulation of Settlement are directed to consummate the Stipulation of Settlement in accordance with its terms and provisions. 6. The Parties have stipulated to negotiate the amount of counsel fees and costs pursuant to paragraph 90 of the Stipulation of Settlement and have also stipulated that, that if the parties fail to reach agreement on an amount within 90 days of the Effective Date of this Order, Plaintiffs may submit an application for counsel fees and costs to the Court. 7. This Court shall retain jurisdiction over this Action to the extent set forth by the provisions of paragraphs 72-80 of the Stipulation of Settlement. 8. The Court hereby grants Plaintiffs' Consent Motion to Approve the Proposed Stipulation and Order of Partial Settlement (Dkt. No. 61) and directs entry of Final Judgment in the Action. 9. There is no just reason for delay in the entry of this Judgment. Immediate entry of Final Judgment by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. So ordered. (Signed by Judge Robert W. Sweet on 11/6/2017) (rjm) (Additional attachment(s) added on 11/7/2017: # 1 right to appeal #1, # 2 right to appeal #2) (rjm). (Entered: 11/07/2017)

1 right to appeal #1

View on PACER

2 right to appeal #2

View on PACER

Nov. 7, 2017

Nov. 7, 2017

PACER

Terminate Transcript Deadlines

Nov. 7, 2017

Nov. 7, 2017

PACER

Terminate Transcript Deadlines. (rjm)

Nov. 7, 2017

Nov. 7, 2017

PACER
67

STIPULATION OF SETTLEMENT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, byand between the Parties, through their attorneys, as set forth in this Order. (Signed by Judge Robert W. Sweet on 11/9/2017) (js) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

RECAP
68

ORDER OF APPOINTMENT: Now therefore, it is hereby ordered that: Pursuant to this Court's equitable powers and authority, this court appoints Steven Winter Associates to serve as DHS' consultant pursuant to paragraph 51 of the settlement agreement and appoints Steven Winter Associates to perform as the consultant to the Defendants under the settlement agreement. So Ordered (Signed by Judge Robert W. Sweet on 11/9/2017) (js) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
69

JOINT MOTION to Amend/Correct the Stipulation of Settlement. Document filed by Steven Banks, City of New York. (Attachments: # 1 Text of Proposed Order First Amendment to the Stipulation of Settlement)(Roberts, Thomas) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
70

FIRST AMENDMENT TO THE STIPULATION OF SETTLEMENT: NOW THEREFORE, in reliance on the mutual promises, covenants, and obligations as set out in the Stipulation of Settlement and this First Amendment to the Stipulation of Settlement, and for good and valuable consideration, the Parties, through their representative counsel, stipulate and agree that the Stipulation of Settlement is modified and amended as follows: In the third line of paragraph 51(c), the Stipulation of Settlement erroneously references "paragraphs 50 and 50(b) above". The paragraph should have referenced "paragraphs 50 and 51(b) above"; and as further set forth herein. All other terms of the Stipulation of Settlement are unchanged. So Ordered. (Signed by Judge Robert W. Sweet on 11/20/2017) (anc) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Disability Rights

Key Dates

Filing Date: May 15, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals with a disability within the meaning of the ADA, who presently reside in the DRS Shelter System or who, since 6/14/12, have sought or received, or will seek or receive, shelter or shelter-related services in the DHS Shelter System, whose disability may affect their ability to meaningfully access shelter or shelter-related services, and who are not otherwise covered under the Consent Decree and Judgement.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of New York, City

Steven Banks, City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 145000

Order Duration: 2021 - 2021

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Preliminary relief granted

Training

Issues

General:

Access to public accommodations - governmental

Disparate Impact

Emergency shelter

Government Services

Housing assistance

Placement in shelters

Poverty/homelessness

Reasonable Accommodations

Reasonable Modifications

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Hearing impairment

Mental impairment

Mobility impairment

Visual impairment

Type of Facility:

Government-run