Case: Campos v. Kijakazi

1:21-cv-05143 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 15, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 15, 2020, the plaintiffs filed this putative class action lawsuit in the U.S. District Court for the Eastern District of New York, where it was assigned to Judge Rachel P. Kovner. The plaintiffs, represented by two public interest groups and one private law firm, sued the Acting Commissioner of Social Security on behalf of current and future recipients of Supplemental Security Income who were harmed by a rule change at the Social Security Administration (the administration) during …

On September 15, 2020, the plaintiffs filed this putative class action lawsuit in the U.S. District Court for the Eastern District of New York, where it was assigned to Judge Rachel P. Kovner. The plaintiffs, represented by two public interest groups and one private law firm, sued the Acting Commissioner of Social Security on behalf of current and future recipients of Supplemental Security Income who were harmed by a rule change at the Social Security Administration (the administration) during the COVID-19 pandemic. Due to the pandemic, the administration temporarily closed several offices from March to September 2020 resulting in a workload pause.

During this workload pause, the administration overpaid some individuals, but failed to address these overpayments until the workload pause ended, resulting in larger requests for repayment than typical overpayment notices. By definition, Supplemental Security Income recipients have low-income, are elderly, disabled, or both, making unforeseen financial obligations a significant obstacle.

Consequently, the administration implemented  the "Interim Final Rule" (the Rule), which purportedly implemented a simplified waiver process to ameliorate the burden of these large overpayment notices. The plaintiffs argued that the Rule was arbitrary, capricious, or contrary to law, that the Rule violated the Due Process Clause by depriving the class of property and failing to provide adequate notice, and that the Rule violated the Equal Protection Clause. The plaintiffs sought a writ of mandamus, declaratory and injunctive relief and attorneys’ fees. As of February 5, 2021, the case is ongoing.

Summary Authors

Betsy Sheppard (2/5/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60388097/parties/campos-v-kijakazi/


Attorneys(s) for Plaintiff

Bailey, Regan (District of Columbia)

Block, Michael (New York)

Boston, Sheila S. (New York)

Fink, Tyler J (New York)

Jois, Elizabeth Anne (New York)

Lang, Kathryn Rose (District of Columbia)

Ranucci, Jessica (New York)

Romeo, Carmela T (New York)

Spadafore, Michelle (New York)

Tarantolo, Danielle F. (New York)

Attorneys(s) for Plaintiff

Bailey, Regan (District of Columbia)

Block, Michael (New York)

Boston, Sheila S. (New York)

Fink, Tyler J (New York)

Jois, Elizabeth Anne (New York)

Lang, Kathryn Rose (District of Columbia)

Ranucci, Jessica (New York)

Romeo, Carmela T (New York)

Spadafore, Michelle (New York)

Tarantolo, Danielle F. (New York)

Wong, Carol A (District of Columbia)

Documents in the Clearinghouse

Document
1

Class Action Complaint

Sept. 15, 2021 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60388097/campos-v-kijakazi/

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

ECF Number Description Date Link
1

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

View on PACER

Sept. 15, 2021 Clearinghouse
2

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)

Sept. 15, 2021 PACER

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)

Sept. 15, 2021 PACER
3

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

Sept. 16, 2021 PACER
4

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)

Sept. 16, 2021 PACER
5

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

Sept. 16, 2021 PACER
6

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

Sept. 16, 2021 PACER
7

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

Sept. 16, 2021 PACER

Case Assigned/Reassigned

Sept. 16, 2021 PACER
8

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)

Oct. 22, 2021 PACER

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)

Oct. 25, 2021 PACER

Order(Other)

Oct. 25, 2021 PACER
9

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)

Oct. 26, 2021 PACER
10

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)

Oct. 28, 2021 PACER

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)

Oct. 29, 2021 PACER

Order(Other)

Oct. 29, 2021 PACER

Incorrect Case-Document Information

Oct. 29, 2021 PACER
11

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)

Nov. 1, 2021 PACER
12

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)

Nov. 4, 2021 PACER
13

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)

Nov. 4, 2021 PACER
14

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)

Nov. 5, 2021 PACER
15

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)

Nov. 24, 2021 PACER

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)

Dec. 1, 2021 PACER

Order on Motion to Stay

Dec. 1, 2021 PACER
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 by Kilolo Kijakazi. (Olds, Dara) (Entered: 01/07/2022)

Jan. 7, 2022 PACER

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)

Jan. 10, 2022 PACER
17

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)

Jan. 10, 2022 PACER

Order(Other)

Jan. 10, 2022 PACER

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)

Jan. 11, 2022 PACER

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

Jan. 11, 2022 PACER

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)

Jan. 11, 2022 PACER

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

Jan. 11, 2022 PACER
18

Letter

Feb. 26, 2022 PACER
19

Hearing

March 4, 2022 PACER

Order Referring Case to Magistrate Judge

March 8, 2022 PACER

Order on Motion for Hearing

March 9, 2022 PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 17, 2022 PACER
20

Notice of Appearance

March 18, 2022 PACER
21

Notice of Appearance

March 21, 2022 PACER
22

Notice of Appearance

March 28, 2022 PACER
23

Preliminary Injunction

March 28, 2022 PACER
24

Memorandum in Support

March 28, 2022 PACER
25

Memorandum in Opposition

March 28, 2022 PACER
26

Affidavit/Declaration in Opposition to Motion

March 28, 2022 PACER
27

Affidavit/Declaration in Opposition to Motion

March 28, 2022 PACER
28

Affidavit/Declaration in Opposition to Motion

March 28, 2022 PACER
29

Reply in Support

March 28, 2022 PACER

Settlement Conference

April 4, 2022 PACER

Status Report Order AND 1 - Terminate Deadlines and Hearings

April 4, 2022 PACER
30

Letter

April 14, 2022 PACER

Scheduling Order AND 1 - Terminate Deadlines and Hearings

April 15, 2022 PACER

Scheduling Order AND 1 - Terminate Deadlines and Hearings

April 27, 2022 PACER

Order(Other)

May 5, 2022 PACER

Settlement Conference

May 9, 2022 PACER

Order(Other)

May 9, 2022 PACER

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Sept. 15, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Supplemental Security Income recipients overpaid by Social Security Administration during COVID-19 pandemic

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Social Security Administration (Washington, District of Columbia), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Equal Protection

Due Process

Due Process: Procedural Due Process

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:

Government Services

Benefit Source:

SSI