Case: Campos v. Kijakazi

COMPLAINT against KILOLO KIJAKAZI, Acting Commissioner of Social Security filing fee $ 402, receipt number ANYEDC-14841679 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by LAQUANA CAMPOS, on behalf of herself and her minor child, K.C.; TOSHA ADAMS; NORMAN MARSH; and BETTI RODNYANSKAYA, individually and on behalf of all persons similarly situated. (Attachments: # 1 Civil Cover Sheet) (Boston, Sheila) (Entered: 09/15/2021)

1 Civil Cover Sheet

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Proposed Summons. Re 1 Complaint, by K.C.; TOSHA ADAMS; NORMAN MARSH; and BETTI RODNYANSKAYA, individually and on behalf of all persons similarly situated, LAQUANA CAMPOS, on behalf of herself and her minor child (Boston, Sheila) (Entered: 09/15/2021)

Case Assigned to Judge Rachel P. Kovner. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 09/16/2021)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 09/16/2021)

NOTICE of Appearance by Danielle F Tarantolo on behalf of All Plaintiffs (aty to be noticed) (Tarantolo, Danielle) (Entered: 09/16/2021)

NOTICE of Appearance by Jessica Grace Ranucci on behalf of All Plaintiffs (aty to be noticed) (Ranucci, Jessica) (Entered: 09/16/2021)

NOTICE of Appearance by Elizabeth A. Jois on behalf of All Plaintiffs (aty to be noticed) (Jois, Elizabeth) (Entered: 09/16/2021)

Case Assigned/Reassigned

Letter re Joint Request for Consolidated Motion and Briefing Schedule by Tosha Adams, Laquana Campos, Norman Marsh, Betti Rodnyanskaya (Boston, Sheila) (Entered: 10/22/2021)

The parties' joint request for a consolidated motion at 8 is granted. Per the Court's bundling rule, plaintiffs may serve a consolidated motion on defendant by 10/26/2021 (but the motion shall not be filed on the docket at that time). See Judge Kovner's Individual Rules IV.B. Plaintiffs may serve a response on defendant by 1/11/2022 (but the response shall not be filed on the docket at that time). Defendant may serve a reply on plaintiffs, if any, by 02/10/2022. The parties shall file all the documents associated with the fully-briefed motion with the Court by 02/10/2022. Ordered by Judge Rachel P. Kovner on 10/25/2021. (Andrews, Stephen)

Order(Other)

Letter Regarding Service of Plaintiffs' Consolidated Motion for Preliminary Injunction and Provisional Class Certification by Tosha Adams, Norman Marsh, Betti Rodnyanskaya, Laquana Campos, on behalf of herself and her minor child, K.C. (Boston, Sheila) (Entered: 10/26/2021)

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14978213. by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing) (Wong, Carol) (Entered: 10/28/2021)

Incorrect Case/Entry Information: The Order Dismissing Case filed on 10/29/2021 was entered on the wrong docket as has been removed. Please disregard. (Lee, Tiffeny)

Order(Other)

Incorrect Case-Document Information

First MOTION to Appear Pro Hac Vice Regan Bailey Filing fee $ 150, receipt number ANYEDC-14986475. by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Attachments: # 1 Affidavit) (Bailey, Regan) (Entered: 11/01/2021)

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14999555. by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Attachments: # 1 Affidavit, # 2 Exhibit) (Lang, Kathryn) (Entered: 11/04/2021)

NOTICE of Appearance by Michelle Marie Spadafore on behalf of Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (aty to be noticed) (Spadafore, Michelle) (Entered: 11/04/2021)

NOTICE of Appearance by Carmela T. Romeo on behalf of Tosha Adams, Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (aty to be noticed) (Romeo, Carmela) (Entered: 11/05/2021)

Consent MOTION to Stay Defendant's time to answer, move, or otherwise respond to the Complaint pending judicial resolution of Plaintiffs' pending consolidated motion for a preliminary injunction and provisional class relief by Kilolo Kijakazi. (Cooper, David) (Entered: 11/24/2021)

ORDER: The consent motion to stay at 15 is granted. The deadline for defendant to answer, move, or otherwise respond to the complaint is stayed pending the resolution of plaintiffs' consolidated motion for a preliminary injunction and provisional class relief. Ordered by Judge Rachel P. Kovner on 12/1/2021. (Andrews, Stephen)

Order on Motion to Stay

First MOTION for Extension of Time to File Response/Reply Defendant's first motion for an extension of the briefing schedule of Plaintiffs' Motion for a Preliminary Injunction and Provisional Class Relief by Kilolo Kijakazi. (Olds, Dara) (Entered: 01/07/2022)

ORDER: In light of defendant's current deadline to file an opposition by 1/11/2022, plaintiff is directed to file any opposition to defendant's motion for extension of time at 16 by end of day today, 1/10/2022. Ordered by Judge Rachel P. Kovner on 1/10/2022. (Andrews, Stephen)

RESPONSE in Opposition re 16 First MOTION for Extension of Time to File Response/Reply Defendant's first motion for an extension of the briefing schedule of Plaintiffs' Motion for a Preliminary Injunction and Provisional Class Relief filed by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Attachments: # 1 Exhibit A) (Boston, Sheila) (Entered: 01/10/2022)

Order(Other)

Order on Motion for Extension of Time to File Response/Reply

ORDER: Defendant's motion for an extension of time at 16 is granted. Defendant shall serve a response by 2/25/2022 (but the motion shall not be filed on the docket at that time). See Judge Kovners Individual Rules IV.B. Plaintiff shall serve a reply, if any, on or before 3/28/2022. The parties shall file with the Court all documents associated with the fully-briefed motion on or before 3/28/2022. Further extensions are unlikely in the absence of consent from both parties. Ordered by Judge Rachel P. Kovner on 1/11/2022. (Andrews, Stephen)

Letter regarding service of Defendant's opposition to Plaintiffs' Motion for Preliminary Injunction and Class Certification by Kilolo Kijakazi (Olds, Dara) (Entered: 02/25/2022)

Joint MOTION for Hearing before a magistrate judge for settlement purposes by Kilolo Kijakazi. (Olds, Dara) (Entered: 03/04/2022)

Order Referring Case to Magistrate Judge

ORDER REFERRING CASE to Magistrate Judge Vera M. Scanlon. The motion for a hearing before a magistrate judge for settlement purposes at 19 is respectfully referred to Magistrate Judge Scanlon. Ordered by Judge Rachel P. Kovner on 3/8/2022. (Andrews, Stephen)

Order on Motion for Hearing

ORDER granting joint 19 Motion for Hearing. A Settlement Conference via Zoomgov is set for 4/4/2022 at 11:00 AM before Magistrate Judge Vera M. Scanlon. Counsel and Parties with full settlement authority are required to attend. On or before 3/29/2022, counsel are to email the Parties' ex parte settlement conference letters to Scanlon_Chambers@nyed.uscourts.gov in accordance with this Court's Individual Rules. Connection information will be provided to counsel prior to the appearance. Ordered by Magistrate Judge Vera M. Scanlon on 3/9/2022. (Quinlan, Krista)

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 3/17/2022. (Quinlan, Krista)

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 3/17/2022. (Quinlan, Krista)

Order on Motion for Leave to Appear Pro Hac Vice

ORDER granting 12 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 3/17/2022. (Quinlan, Krista)

NOTICE of Appearance by Carol Wong on behalf of All Plaintiffs (notification declined or already on case) (Wong, Carol) (Entered: 03/18/2022)

NOTICE of Appearance by Kathryn Lang on behalf of All Plaintiffs (notification declined or already on case) (Lang, Kathryn) (Entered: 03/21/2022)

NOTICE of Appearance by Tyler Jairus Fink on behalf of All Plaintiffs (aty to be noticed) (Fink, Tyler) (Entered: 03/28/2022)

MOTION for Preliminary Injunction and Provisional Class Certification by Tosha Adams, Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Boston, Sheila) (Entered: 03/28/2022)

MEMORANDUM in Support re 23 MOTION for Preliminary Injunction and Provisional Class Certification filed by Tosha Adams, Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Attachments: # 1 Ex. A - Boston Declaration, # 2 Ex. A-01 - 85 Fed. Reg. 15,337, # 3 Ex. A-02 - Provisional Death Counts for COVID-19 - Executive Summary, # 4 Ex. A-03 - Press Release Re Phone Service, # 5 Ex. A-04 - SSA In-Office Appointments Guidance, # 6 Ex. A-05 - SSI Federal Payment Amounts for 2022, # 7 Ex. A-06 - EM-21050 REV, # 8 Ex. A-07 - EM-20014 REV 4, # 9 Ex. A-08 - African Americans - Description of Social Security and SSI Participation and Benefit Levels, # 10 Ex. A-09 - SSA POMS SI 02220.017, # 11 Ex. A-10 - SSA POMS SI 02260.001, # 12 Ex. A-11 - Form SSA-632BK - Request for Waiver of Overpayment Recovery or Change in Repayment Rate, # 13 Ex. A-12 - 86 Fed. Reg. 46,897, # 14 Ex. A-13 - SSA OIG, The Social Security Administrations Field Office Customer Service, # 15 Ex. A-14 - SSA OIG, The Social Security Administration's Processing of Mail and Enumeration Services During the COVID-19 Pandemic, # 16 Ex. A-15 - 85 Fed. Reg. 52,909, # 17 Ex. A-16 - EM-20037 SEN REV, # 18 Ex. A-17 - EM-20037 SEN REV 2, # 19 Ex. A-18 - EM-20037 SEN REV 3, # 20 Ex. A-19 - Mayor DeBlasio Issues New Guidance to New Yorkers, # 21 Ex. A-20 - COVID-19s Socioeconomic Impact on Low-Income Benefit Recipients, # 22 Ex. A-21 - Bay Area Legal Aid Comment Letter, # 23 Ex. A-22 - Empire Justice Center Comment Letter, # 24 Ex. A-23 - Porter & Scanlon Comment Letter, # 25 Ex. A-24 - AARP Comment Letter, # 26 Ex. A-25 - Justice in Aging Comment Letter, # 27 Ex. A-26 - Evans Letter, # 28 Ex. A-27 - Legal Aid Justice Center Comment, # 29 Ex. A-28 - NOSSCR Comment Letter, # 30 Ex. A-29 - DLC Comment Letter, # 31 Ex. A-30 - Fast Facts and Figures About Social Security (2020), # 32 Ex. A-31 - Agency Annual Overpayment Waivers Report (2020), # 33 Ex. B - Declaration of Katherine Means, # 34 Ex. C - Declaration of Amy Marinacci, # 35 Ex. D - Declaration of Yulahlia Hernandez, # 36 Ex. E - Declaration of Peter Grieser, # 37 Ex. F - Declaration of Katharine Vengraitis, # 38 Ex. G - Declaration of Linda Landry, # 39 Ex. H - Declaration of Amy Walters, # 40 Ex. I - Declaration of Rachael Funk, # 41 Ex. I-01 - 2020.09.09 Notice of Planned Action KC, # 42 Ex. I-02 - 2020.10.16 Notice of Change in Payment KC, # 43 Ex. I-03 - 2020.10.27 Notice of Overpayment LC, # 44 Ex. I-04 - 2020.10.29 Notice of Important Information KC, # 45 Ex. I-05 - 2021.03.09 Notice of Overpayment KC, # 46 Ex. I-06 - 2021.03.09 Notice of Overpayment LC, # 47 Ex. I-07 - 2021.05.01 Notice of Important Information LC, # 48 Ex. I-08 - 2021.05.04 Notice of Planned Action LC, # 49 Ex. I-09 - 2021.05.26 Notice of Overpayment LC, # 50 Ex. I-10 - 2021.08.16 Notice of Change in Payment LC, # 51 Ex. I-11 - 2021.08.26 Notice of Overpayment LC, # 52 Ex. I-12 - 2020.11.16 Notice of Planned Action Adams, # 53 Ex. I-13 - 2021.02.04 Notice of Planned Action Marsh, # 54 Ex. I-14 - 2021.10.11 Notice of Change in Payment Marsh, # 55 Ex. I-15 - 2021.02.24 Notice of Overpayment Rodnyanskaya, # 56 Ex. I-16 - 2021.02.24 Notice Of Change In Payment Rodnyanskaya, # 57 Ex. I-17 - 2021.04.03 Notice of Recoupment Rodnyanskaya, # 58 Ex. J - Declaration of Named Plaintiff LaQuana Campos, # 59 Ex. K - Declaration of Named Plaintiff Tosha Adams, # 60 Ex. L - Declaration of Named Plaintiff Norman Marsh, # 61 Ex. M - Declaration of Named Plaintiff Betti Rodnyanskaya, # 62 Ex. M-01 - Declaration of Alex Markhasin Re Rodnyanskaya Translation) (Boston, Sheila) (Entered: 03/28/2022)

MEMORANDUM in Opposition re 23 MOTION for Preliminary Injunction and Provisional Class Certification filed by Kilolo Kijakazi. (Cooper, David) (Entered: 03/28/2022)

AFFIDAVIT/DECLARATION in Opposition re 23 MOTION for Preliminary Injunction and Provisional Class Certification submitted by Assistant United States Attorney Dara A. Olds filed by Kilolo Kijakazi. (Attachments: # 1 Exhibit 1 (Emergency Message (EM) 20010 SEN (redacted for sensitive information)), # 2 Exhibit 2 (EM 20010 SEN REV (redacted for sensitive information)), # 3 Exhibit 3 (EM 20010 SEN REV 2 (redacted for sensitive information)), # 4 Exhibit 4 (EM 20010 SEN REV 3 (redacted for sensitive information)), # 5 Exhibit 5 (EM 20010 SEN REV 4 (redacted for sensitive information)), # 6 Exhibit 6 (EM 20010 SEN REV 5 (redacted for sensitive information)), # 7 Exhibit 7 (EM 20010 SEN REV 6 (redacted for sensitive information)), # 8 Exhibit 8 (EM 20010 SEN REV 7 (redacted for sensitive information)), # 9 Exhibit 9 (EM 20010 SEN REV 8 (redacted for sensitive information)), # 10 Exhibit 10 (EM 20037 SEN (redacted for sensitive information)), # 11 Exhibit 11 (EM 20037 SEN REV (redacted for sensitive information)), # 12 Exhibit 12 (EM 20037 SEN REV 2 (redacted for sensitive information)), # 13 Exhibit 13 (EM 20037 SEN REV 3 (redacted for sensitive information))) (Cooper, David) (Entered: 03/28/2022)

AFFIDAVIT/DECLARATION in Opposition re 23 MOTION for Preliminary Injunction and Provisional Class Certification submitted by Andrea Wilder filed by Kilolo Kijakazi. (Attachments: # 1 Exhibit 1 (Redetermination ("RZ") Summary dated Mar. 19, 2020 (redacted for sensitive information)), # 2 Exhibit 2 (RZ Summary dated Oct. 20, 2020 (redacted for sensitive information)), # 3 Exhibit 3 (Notice of Planned Action dated Oct. 27, 2020 (redacted for sensitive information)), # 4 Exhibit 4 (Notice of Overpayment dated Oct. 27, 2020 (redacted for sensitive information)), # 5 Exhibit 5 (Request for Waiver dated Nov. 30, 2020 (redacted for sensitive information)), # 6 Exhibit 6 (Notice of Change in Payment dated Dec. 1, 2020 (redacted for sensitive information)), # 7 Exhibit 7 (Notice of Overpayment dated Mar. 9, 2021 (redacted for sensitive information)), # 8 Exhibit 8 (RZ Summary dated July 9, 2020 (redacted for sensitive information)), # 9 Exhibit 9 (Notice of Planned Action dated Sept. 9, 2020 (redacted for sensitive information)), # 10 Exhibit 10 (I561 dated Oct. 2, 2020 (redacted for sensitive information)), # 11 Exhibit 11 (Notice of Change in Payment Oct. 16, 2020 (redacted for sensitive information)), # 12 Exhibit 12 (Important Information Notice dated Oct. 29, 2020 (redacted for sensitive information)), # 13 Exhibit 13 (I561 dated Nov. 17, 2020 (redacted for sensitive information)), # 14 Exhibit 14 (Request for Waiver of Overpayment dated Nov. 30, 2020 (redacted for sensitive information)), # 15 Exhibit 15 (Notice of Change in Payment dated Dec. 1, 2020 (redacted for sensitive information)), # 16 Exhibit 16 (Notice of Overpayment dated Mar. 9, 2021 (redacted for sensitive information)), # 17 Exhibit 17 (Notice of Change in Payment Sept. 4, 2021 (redacted for sensitive information)), # 18 Exhibit 18 (Notice of Overpayment dated Nov. 23, 2021 (redacted for sensitive information)), # 19 Exhibit 19 (VIPr Contacts (redacted for sensitive information)), # 20 Exhibit 20 (eAFI Response (redacted for sensitive information)), # 21 Exhibit 21 (GK Payment Notice dated Nov. 16, 2020 (redacted for sensitive information)), # 22 Exhibit 22 (Notice of Overpayment dated Nov. 23, 2020 (redacted for sensitive information)), # 23 Exhibit 23 (Request of Reconsideration Summary dated Dec. 30, 2020 (redacted for sensitive information)), # 24 Exhibit 24 (Notice of Reconsideration dated Dec. 30, 2020 (redacted for sensitive information)), # 25 Exhibit 25 (Request for Waiver of Overpayment dated Dec. 30, 2020 (redacted for sensitive information)), # 26 Exhibit 26 (Personal Conference Appointment Letter dated Dec. 30, 2020 (redacted for sensitive information)), # 27 Exhibit 27 (Notice of Waiver Decision dated Jan. 21, 2021 (redacted for sensitive information)), # 28 Exhibit 28 (Notice of Appointment dated Feb. 16, 2021 (redacted for sensitive information)), # 29 Exhibit 29 (Notice of Appointment dated Mar. 22, 2021 (redacted for sensitive information)), # 30 Exhibit 30 (Notice of Appointment dated Nov. 15, 2021 (redacted for sensitive information)), # 31 Exhibit 31 (Reconsideration Request dated Oct. 22, 2021 (redacted for sensitive information)), # 32 Exhibit 31-A (Reconsideration Request dated Jan. 26, 2022 (redacted for sensitive information)), # 33 Exhibit 32 (Notice of Planned Action dated Feb. 4, 2021 (redacted for sensitive information)), # 34 Exhibit 33 (Billing Statement dated Mar. 8, 2021 (redacted for sensitive information)), # 35 Exhibit 34 (Request for Reconsideration Summary dated Mar. 5, 2021 (redacted for sensitive information)), # 36 Exhibit 35 (Notice of Change in Payment dated Mar. 12, 2021 (redacted for sensitive information)), # 37 Exhibit 36 (Notice of Change in Payment dated Oct. 11, 2021 (redacted for sensitive information)), # 38 Exhibit 37 (DROCs (redacted for sensitive information)), # 39 Exhibit 38 (eAFI Response dated Feb. 16, 2021 (redacted for sensitive information)), # 40 Exhibit 39 (Notice of Change in Payment dated Feb. 24, 2021 (redacted for sensitive information)), # 41 Exhibit 40 (Notice of Overpayment dated Feb. 24, 2021 (redacted for sensitive information)), # 42 Exhibit 41 (SSA-632 dated July 21, 2021 (redacted for sensitive information)), # 43 Exhibit 42 (Proposed Waiver Denial dated Oct. 6, 2021 (redacted for sensitive information)), # 44 Exhibit 43 (Waiver Approval dated Dec. 6, 2021 (redacted for sensitive information)), # 45 Exhibit 44 (Notice of Planned Action dated Nov. 1, 2021 (redacted for sensitive information)), # 46 Exhibit 45 (Withdrawal of Reconsideration dated Jan. 14, 2022 (redacted for sensitive information)), # 47 Exhibit 46 (Notice of Planned Action dated Feb. 7, 2022 (redacted for sensitive information))) (Cooper, David) (Entered: 03/28/2022)

AFFIDAVIT/DECLARATION in Opposition re 23 MOTION for Preliminary Injunction and Provisional Class Certification submitted by Samara Richardson filed by Kilolo Kijakazi. (Cooper, David) (Entered: 03/28/2022)

REPLY in Support re 23 MOTION for Preliminary Injunction and Provisional Class Certification filed by Tosha Adams, Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Boston, Sheila) (Entered: 03/28/2022)

Settlement Conference

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Settlement Conference held on 4/4/2022. Regan Bailey, Kathryn Lang and Carmela T. Romeo appearing for Plaintiffs. David Allen Cooper, Dara Olds, Nancy Gonzalez, Jillian Quick, Leah Golshani, Prashant Tamaskar, Catherine Zur, Jeannette Connor, Kodjo Kumi, Lori Lupkin appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Quinlan, Krista)

Status Report Order

STATUS REPORT ORDER: As discussed during the 4/14/2022 conference, the parties will continue settlement discussions. On or before 4/14/2022, the Parties will file a joint status report letter with an anticipated schedule for proposed dates for a settlement conference. If the letter contains substantive information, the parties may file it under seal. Ordered by Magistrate Judge Vera M. Scanlon on 4/4/2022. (Quinlan, Krista)

Status Report Order AND 1 - Terminate Deadlines and Hearings

Letter (Joint Status Report) by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 04/14/2022)

Scheduling Order

SCHEDULING ORDER: A Settlement Conference is set for 5/9/2022 at 11:00 AM before Magistrate Judge Vera M. Scanlon. The appearance will be held via ZoomGov and the Court will send counsel connection information. Counsel and Parties with full settlement authority are required to attend. On or before 5/3/2022, counsel are to email the Parties' ex parte settlement conference letters to Scanlon_Chambers@nyed.uscourts.gov in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Vera M. Scanlon on 4/15/2022. (Quinlan, Krista)

Scheduling Order AND 1 - Terminate Deadlines and Hearings

Scheduling Order

RE-SCHEDULING ORDER: Due to a scheduling conflict, the Settlement Conference set for 5/9/2022 will begin at 11:30 AM (not 11:00 AM) before Magistrate Judge Vera M. Scanlon. The appearance will be held via ZoomGov and the Court will send counsel connection information. Ordered by Magistrate Judge Vera M. Scanlon on 4/27/2022. (Quinlan, Krista)

Scheduling Order AND 1 - Terminate Deadlines and Hearings

Order

SCHEDULING ORDER: A telephonic scheduling conference will be held before Judge Rachel P. Kovner on 5/20/2022 at 1:00 PM. To join the teleconference, the parties are instructed to call (888) 278-0296 and type in the access code 2012636. Ordered by Judge Rachel P. Kovner on 5/5/2022. (Andrews, Stephen)

Order(Other)

Settlement Conference

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Settlement Conference held on 5/9/2022. Regan Bailey, Michelle Spadafore, Kathryn Lang, Jessica Ranucci, Elizabeth Jois, Danielle F Tarantolo and Carmela T. Romeo appearing for Plaintiffs. David Allen Cooper and Dara Olds appearing for Defendants. Defendants' representatives Nancy Gonzalez, Jillian Quick, Leah Golshani, Prashant Tamaskar, Cathy McCarthy and Kodjo Kumi also attending. See separate docket entry for Order issuing from this proceeding. (Dessources, Jose)

Order

ORDER: Counsel will continue settlement discussions. Defendants' counsel will communicate with Plaintiffs' counsel by 5/16/22. Plaintiffs' counsel will endeavor to respond within the week. Counsel are reminded of their upcoming scheduling conference with the District Judge. If counsel wish to have an additional settlement conference with the Magistrate Judge, they should submit a joint letter to chambers with proposed dates. (Dessources, Jose)

Order(Other)

Scheduling Conference

MINUTE ENTRY AND ORDER: On May 20, 2022, the Court held a scheduling conference. Danielle Tarantolo and Carmela Romeo appeared for plaintiffs. David Cooper and Dara Olds appeared for defendant. The parties indicated that settlement discussions may obviate the need to resolve the preliminary injunction motion. By 6/17/2022, the parties will file a joint status report on those discussions. Oral argument on the preliminary injunction motion is scheduled for 6/30/2022 at 10:00 am in courtroom 4E-N. A dial-in link to the oral argument may be accessed by calling (888) 278-0296 and inputting access code 2012636. Both parties indicated that they do not wish to present evidence regarding the motion at a hearing. Ordered by Judge Rachel P. Kovner on 5/20/2022. (Andrews, Stephen) (Court Reporter Rivka Teich)

Letter Joint Status Letter by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 06/17/2022)

Scheduling Order

ORDER: In light of the joint status letter at 31, the oral argument currently scheduled for June 30, 2022 is adjourned sine die. The parties shall provide a joint status report by July 15, 2022. Ordered by Judge Rachel P. Kovner on 6/20/2022. (Andrews, Stephen)

Scheduling Order

Letter (Joint Status Report) by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 07/15/2022)

Order

ORDER: The parties shall file a joint status report by August 15, 2022. Ordered by Judge Rachel P. Kovner on 7/18/2022. (Andrews, Stephen)

Order(Other)

Letter (Joint Status Report) by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 08/15/2022)

Order

ORDER: The parties shall file a status report by September 12, 2022. If the parties have not reached a disposition by that date, and the preliminary injunction motion remains pending, the Court expects to schedule argument on that motion. Ordered by Judge Rachel P. Kovner on 8/16/2022. (Andrews, Stephen)

Order(Other)

Letter Joint Status Report by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 09/12/2022)

Order

ORDER: The Court is in receipt of the parties' joint status report at 34 . The parties may file a final status report on or before October 11, 2022. In the event that the case has not settled by October 11, oral argument will be held on October 14 or October 17 in courtroom 4E-N. The Court will set a more precise time on one of those two dates at a later date, with the time selected in order to minimize disruption of proceedings in an ongoing trial. Adjournments are not likely. Ordered by Judge Rachel P. Kovner on 9/13/2022. (Andrews, Stephen)

Order(Other)

Letter - JOINT STATUS LETTER by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 10/11/2022)

Order

ORDER: Plaintiffs filed a motion for a 23 preliminary injunction in this case on 3/28/2022. After granting numerous requests from the parties to refrain from adjudicating the motion, I advised the parties on 9/13 that in the event that the case has not settled by 10/11, oral argument would be held on 10/14 or 10/17. Notwithstanding the parties' status report of 10/11 at 35, the parties have not filed a stipulation of settlement or dismissal, and the motion remains pending. Should plaintiff wish for the court to refrain from adjudicating the motion, plaintiff must withdraw the motion. If the motion is not withdrawn, oral argument will be held on 10/14/2022 at 4:30 p.m. in courtroom 4-E North. Ordered by Judge Rachel P. Kovner on 10/12/2022. (SDC)

Order(Other)

Letter - JOINT STATUS LETTER RE: Withdrawing Plaintiffs Motion for Preliminary Injunction & Provisional Class Certification without prejudice. - by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 10/13/2022)

Order on Motion for Preliminary Injunction

ORDER: At the parties' request, plaintiff's motion for preliminary injunction and provisional class certification at 23 is withdrawn without prejudice, and the hearing scheduled for 10/14/2022 at 4:30 p.m. is vacated. On or before 11/14/2022, the parties shall submit a status report apprising the Court of their progress toward settling this matter in accordance with the plan outlined in the joint letter at 36 . Ordered by Judge Rachel P. Kovner on 10/13/2022. (SDC)

STATUS REPORT Joint Status Report by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 11/14/2022)

Order

ORDER: On or before 12/12/2022, the parties shall file either a stipulation of dismissal or a status report apprising the Court of their progress toward settling the matter. Ordered by Judge Rachel P. Kovner on 11/15/2022. (de Carvalho, Simon)

Order(Other)

STATUS REPORT Joint status report by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 12/12/2022)