Case: Lopez v. New York City Dept. Homeless Services

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mariah Lopez.(sac) (Entered: 04/25/2017)

COMPLAINT against New York City Dept. Homeless Services, Project Renewal. Document filed by Mariah Lopez.(sac) (Entered: 04/25/2017)

UNSIGNED ORDER TO SHOW CAUSE filed by Mariah Lopez. (sac) (Entered: 04/25/2017)

Case Designated ECF. (sac)

ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Colleen McMahon on 4/26/2017) (sac) (Entered: 04/26/2017)

ORDER: IT IS HEREBY ORDERED that Plaintiff and representatives of defendant Project Renewal and the Office of the Corporation Counsel of New York City are directed to appear before the Court in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007 at 1:00 p.m. on April 27, 2017 in order to show cause why Plaintiff's application for temporary injunctive relief should not be granted; IT IS HEREBY FURTHER ORDERED that Plaintiff is directed to immediately notify the Defendants of this action and her request for provisional relief. IT IS HEREBY FURTHER ORDERED that Plaintiff is directed to immediately deliver to the Defendants copies of her complaint, supporting materials, order to show cause, and this Order at the following addresses herein. IT IS HEREBY FURTHER ORDERED that the Clerk of the Court is respectfully directed to mail a copy of this order to Defendants at the above-referenced addresses and note service on the docket. Show Cause Hearing set for 4/27/2017 at 01:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/26/2017) (kgo) (Entered: 04/26/2017)

ORDER OF SERVICE: The Court dismisses Plaintiffs claims against the New York City Department of Homeless Services. The Court directs the Clerk of Court to add the City of New York as a defendant in this action. Fed. R. Civ. P. 21. The Clerk of Court is further instructed to complete the USM-285 forms with the addresses for the City of New York and Project Renewal, Inc., and deliver all documents necessary to effect service to the U.S. Marshals Service. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). ( USM-285 Form due by 5/26/2017., Request for Issuance of Summons due by 5/26/2017.), The City of New York added. New York City Dept. Homeless Services terminated. (Signed by Judge Valerie E. Caproni on 4/26/2017) (kgo) (Entered: 04/26/2017)

Notice of Case Assignment/Reassignment

Transmission to Docket Assistant Clerk

Mail Order by Certified Mail

Transmission to Docket Assistant Clerk. Transmitted re: 4 Order Granting IFP Application, to the Docket Assistant Clerk for case processing. (sac)

NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Unassigned is no longer assigned to the case. (wb)

Magistrate Judge Sarah Netburn is so designated. (wb)

Mailed a copy of 4 Order Granting IFP Application to Mariah Lopez Homeless Shelter of Record, 480 East 185th Street, Bronx, NY 10450. (rro)

Transmission to Docket Assistant Clerk. Transmitted re: 6 Order to Show Cause,,,,, to the Docket Assistant Clerk for case processing. (kgo)

Mailed a copy of 6 Order to Show Cause to Mariah Lopez Homeless Shelter of Record, 480 East 185th Street, Bronx, NY 10450. (rro)

TEMPORARY RESTRAINING ORDER: On April 25, 2017 Plaintiff, proceeding pro se, filed a complaint for preliminary and permanent injunctive relief alleging that Defendants have refused to permit her service animal access to a public accommodation in violation of Title III of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. § 12182(a). Plaintiff concurrently moved for a temporary restraining order ("TRO") pursuant to Rule 65 of the Federal Rules of Civil Procedure. On April 27, 2017 the Court held a conference in respect of Ms. Lopez's application for a temporary restraining order; as further set forth herein. Accordingly, IT IS HEREBY ORDERED that the Defendants are provisionally directed to accommodate Plaintiff and her service animal at the "Marsha's House" homeless shelter until 3:00 p.m. on May 1, 2017, unless this Court orders otherwise. This Order is without prejudice to the Defendants' and Marsha's House's right to require Plaintiff to comply with all applicable shelter rules and City and State regulations. Plaintiff's failure to comply with shelter rules or City and State regulations is grounds to dissolve this TRO. IT IS HEREBY FURTHER ORDERED that the parties are directed to appear at 3:00 p.m. on May 1, 2017 in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007 at which time the Court will hold a hearing in respect of Plaintiff's application for temporary injunctive relief. (Signed by Judge Valerie E. Caproni on 4/27/2017) (mro) (Entered: 04/28/2017)

STANDALONE SUBMISSION BY PLAINTIFF IN SUPPORT OF HER APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. Document filed by Mariah Lopez. (kgo) (Entered: 04/28/2017)

Minute Entry for proceedings held before Judge Valerie E. Caproni: Show Cause Hearing held on 4/27/2017. Order to follow. (Court Reporter Eve Giniger) (Brantley, Michael)

Set/Reset Hearings: Status Conference set for 5/1/2017 at 03:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (mro)

ORDER: WHEREAS on April 27, 2017 the Court entered a temporary restraining order (the "TRO") in the above-captioned case and directed the parties to appear for a hearing in respect of Plaintiff's application for a preliminary injunction at 3:00 p.m. on May 1, 2017; IT IS HEREBY ORDERED that, due to a conflict on the Court's calendar, the May 1, 2017 hearing is adjourned to 3:00 p.m. on May 3, 2017. IT IS HEREBY FURTHER ORDERED that the TRO shall remain in effect during the period from May 1, 2017 to 3:00 p.m. on May 3, 2017. For the avoidance of doubt, the Court finds that the factors supporting entry of a TRO through May 1, 2017 also support maintaining the TRO until May 3, 2017. ( Status Conference set for 5/3/2017 at 03:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/28/2017) (mro) (Entered: 05/01/2017)

SUMMONS ISSUED as to Project Renewal, The City of New York. (sbr)

FRCP 4 Service Package - Mailed

FRCP 4 Service Package - Hand Delivered to U.S.M.

Summons Issued

FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 4/28/2017 per the instructions of Judge Valerie E. Caproni. See 7 Order of Service, Add and Terminate Parties. (sbr)

FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 4/28/2017 via Regular Mail. The information package included: a copy of the Order of Service, Judge's individual rules, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case files, A Motions Guide, A Notice that the Pro Se Manual has been discontinued, a Notice of Change of Address to use if your contact information changes, a consent to proceed before a Magistrate Judge, and consent to electronic service forms. (sbr)

ORDER. IT IS HEREBY ORDERED that Plaintiff is directed to show cause by 5:00 p.m. on May 2, 2017 why the Court should not dissolve the TRO in light of the City's agreement to accommodate Plaintiff's animal. SO ORDERED. (Show Cause Hearing set for 5/2/2017 at 05:00 PM before Judge Valerie E. Caproni). (Signed by Judge Valerie E. Caproni on 5/1/2017) (rjm) (Entered: 05/01/2017)

NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Mariah Lopez. (Freeman, Miles) (Entered: 05/01/2017)

NOTICE OF APPEARANCE by Thomas B. Roberts on behalf of The City of New York. (Roberts, Thomas) (Entered: 05/01/2017)

RESPONSE TO ORDER TO SHOW CAUSE re: 11 Order to Show Cause,. Document filed by Mariah Lopez. (Freeman, Miles) (Entered: 05/01/2017)

MEMO ENDORSEMENT on re: 14 RESPONSE TO ORDER TO SHOW CAUSE (D.I. 11). re: 11 Order to Show Cause. Document filed by Mariah Lopez. ENDORSEMENT: The Court finds that, in light of the City's agreement to house Plaintiff and her animal, and Plaintiff's submission in response to the Court's order to show cause, the Court's temporary restraining order is no longer necessary to avoid an irreparable harm. The TRO is hereby dissolved and the parties' May 3, 2017 conference is adjourned sine die. So ordered. The following hearing(s) was terminated: Status Conference. (Signed by Judge Valerie E. Caproni on 5/2/2017) (rjm) (Entered: 05/02/2017)

NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/9/2017 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni, and as further set forth in this order. (Signed by Judge Valerie E. Caproni on 5/2/2017) (ap) (Entered: 05/02/2017)

LETTER MOTION to Adjourn Conference currently scheduled for June 9, 2017 addressed to Judge Valerie E. Caproni from Thomas B. Roberts dated May 22, 2017. Document filed by The City of New York.(Roberts, Thomas) (Entered: 05/22/2017)

MOTION for Miles D. Freeman to Withdraw as Attorney . Document filed by Mariah Lopez.(Freeman, Miles) (Entered: 05/22/2017)

MEMO ENDORSEMENT granting 18 MOTION TO WITHDRAW APPEARANCE OF LIMITED PRO BONO COUNSEL MILES D. FREEMAN. ENDORSEMENT: Application GRANTED. The Court thanks the Quinn Emmanuel firm and Mr. Freeman for their pro bono contributions to this case and their willingness to represent Ms. Lopez on short notice. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/23/2017) (anc) (Entered: 05/23/2017)

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) All such motions. Referred to Magistrate Judge Sarah Netburn. In light of the Court's reference to Magistrate Judge Netburn, the initial pre-trial conference currently scheduled for June 2, 2017 is adjourned sine die. (Signed by Judge Valerie E. Caproni on 5/23/2017) (anc) (Entered: 05/23/2017)

ORDER: granting 17 Letter Motion to Adjourn Conference. IT IS HEREBY ORDERED that the referral to Magistrate Judge Netburn is canceled. The initial pre-trial conference previously scheduled for June 2, 2017 is rescheduled for 10:00 a.m. on June 30, 2017. The parties' joint pre-conference letter is due by June 23, 2017. The parties are directed to consult the Undersigned's Individual Practices in Civil Cases, which are available online, for further information relevant to the initial pre-trial conference. SO ORDERED. Initial Conference set for 6/30/2017 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/24/2017) (ama) (Entered: 05/24/2017)

LETTER from Mariah Lopez dated 5/30/2017 re: Emergency. Document filed by Mariah Lopez.(man) (Entered: 05/30/2017)

NOTICE OF MOTION for Emergency Relief (to get back in Shelter) Requested. Document filed by Mariah Lopez.(man) (Entered: 05/30/2017)

ORDER: IT IS HEREBY ORDERED that the parties must appear for a hearing on May 31, 2017, at 12:00 p.m., in Courtroom 444 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. If that time conflicts with Ms. Lopez's appearance in New York Supreme Court [Dkt. 22 at 3], then the City must provide the Court with an alternative available time for the hearing. (Status Conference set for 5/31/2017 at 12:00 PM in Courtroom 444, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 5/30/2017) (cf) (Entered: 05/30/2017)

Magistrate Judge Andrew J. Peck is so redesignated. (wb)

NOTICE OF APPEARANCE by Richard Ian Greenberg on behalf of Project Renewal. (Greenberg, Richard) (Entered: 05/31/2017)

Minute Entry for proceedings held before Judge Valerie E. Caproni: Motion Hearing held on 5/31/2017 re: 23 MOTION Emergency Relief (to get back in Shelter) Requested. filed by Mariah Lopez. Ms. Lopez's application was denied by the Court. (Court Reporter Rebecca Foreman) (Brantley, Michael)

REDACTION Documents submitted in Court May 31, 2017 pursuant to Court Order by The City of New York (Attachments: # 1 Exhibit Lopez Shelter History, # 2 Exhibit Rules and agreements concerning Marsha's House, # 3 Exhibit Incident report 4/21/17 21:40 am, # 4 Exhibit Incident report 4/21/17 11:51 AM, # 5 Exhibit DHS Commitment Contract, # 6 Exhibit Incident Report 4/27/17 1:10 AM, # 7 Exhibit Incident Report 4/24/17 2:00 AM, # 8 Exhibit Federal Complaint, # 9 Exhibit Federal TRO of 4/27/17, # 10 Exhibit Incident Report 5/2/17 8:13 AM, # 11 Exhibit Incident Report 5/4/17 5:00 PM, # 12 Exhibit Notes History 5/9/17 1:14 PM, # 13 Exhibit Incident Report 5/7/17 11:25 PM, # 14 Exhibit Notes History 5/10/17 6:09 PM, # 15 Exhibit Notes History 5/10/17 6:08 PM, # 16 Exhibit Suspension Request Form 5/9/17, # 17 Exhibit Client Notification of Transfer, # 18 Exhibit Shelter Client Transfer Referral, # 19 Exhibit 94 ADM-20, # 20 Affidavit of Dean Uetake, # 21 Affidavit of Paul Hargrow, # 22 Affidavit of Kaedon Grinnell, # 23 Affidavit of Tonya Fowler, # 24 Affidavit of Trevor Ollivierre, # 25 Affidavit of Srevice by Thomas B. Roberts)(Roberts, Thomas) (Entered: 06/01/2017)

1 Exhibit Lopez Shelter History

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2 Exhibit Rules and agreements concerning Marsha's House

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3 Exhibit Incident report 4/21/17 21:40 am

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4 Exhibit Incident report 4/21/17 11:51 AM

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5 Exhibit DHS Commitment Contract

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6 Exhibit Incident Report 4/27/17 1:10 AM

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7 Exhibit Incident Report 4/24/17 2:00 AM

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8 Exhibit Federal Complaint

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9 Exhibit Federal TRO of 4/27/17

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10 Exhibit Incident Report 5/2/17 8:13 AM

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11 Exhibit Incident Report 5/4/17 5:00 PM

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12 Exhibit Notes History 5/9/17 1:14 PM

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13 Exhibit Incident Report 5/7/17 11:25 PM

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14 Exhibit Notes History 5/10/17 6:09 PM

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15 Exhibit Notes History 5/10/17 6:08 PM

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16 Exhibit Suspension Request Form 5/9/17

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17 Exhibit Client Notification of Transfer

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18 Exhibit Shelter Client Transfer Referral

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19 Exhibit 94 ADM-20

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20 Affidavit of Dean Uetake

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21 Affidavit of Paul Hargrow

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22 Affidavit of Kaedon Grinnell

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23 Affidavit of Tonya Fowler

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24 Affidavit of Trevor Ollivierre

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25 Affidavit of Srevice by Thomas B. Roberts

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REDACTION Additional documents submitted in Court May 31, 2017 pursuant to Court Order by The City of New York(Roberts, Thomas) (Entered: 06/01/2017)

NOTICE OF APPEARANCE by Evan Robert Schnittman on behalf of The City of New York. (Schnittman, Evan) (Entered: 06/08/2017)

PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Mariah Lopez consents to receive electronic service via the ECF system. Document filed by Mariah Lopez.(sac) (Entered: 06/15/2017)

UNSIGNED ORDER TO SHOW CAUSE filed by Mariah Lopez. (sac) (Entered: 06/16/2017)

ORDER: Plaintiff filed this pro se action on April 25, 2017. On June 15, 2017, Plaintiff filed a Motion seeking a Temporary Restraining Order. In essence, Plaintiff seeks to have the Court order Defendants to transfer her back to Marsha's House, an LGBTQ-focused homeless facility in which she was previously sheltered, from WIN West, a shelter that Plaintiff claims cannot provide her with reasonable accommodations. Plaintiff has removed herself from WIN West and is currently homeless; as further set forth herein. Plaintiff seeks reinstatement to her former shelter, and thus requests affirmative, and not prohibitory, relief. However, she has left the custody of the Department of Homeless Services since the date of her transfer, and it is unclear what irreparable harm the current Motion seeks to avoid. In light of the heightened standard governing requests for affirmative emergency relief, the Court is not able to grant a temporary restraining order. However, the Court interprets Plaintiff's request for a temporary restraining order as incorporating a request for a preliminary injunction. At the Parties' previously scheduled initial pre-trial conference on June 30, 2017, Judge Caproni will set a schedule for a preliminary injunction hearing. Plaintiff is instructed to serve the moving papers on Defendants by June 23, 2017. (Signed by Judge Deborah A. Batts on 6/15/2017) (mro) Modified on 6/16/2017 (mro). (Entered: 06/16/2017)

ORDER: In an Order dated June 15, 2017, this Court, sitting in Part 1, among other things, ordered Plaintiff to serve her papers on Defendants by June 23, 2017. Pursuant to Local Rule 5.2, Electronic Service and Filing of Documents, there is no need for Plaintiff to serve Defendants personally. Therefore, that part of the Order of June 15, 2017 is vacated. (Signed by Judge Deborah A. Batts on 6/16/2017) (kgo) (Entered: 06/16/2017)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. The City of New York served on 6/2/2017, answer due 8/1/2017. Service was made by Mail. Document filed by Mariah Lopez. (jgo) (Entered: 06/28/2017)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint served. Project Renewal served on 6/5/2017, answer due 8/4/2017. Service was made by Mail. Document filed by Mariah Lopez. (jgo) (Entered: 06/28/2017)

LETTER addressed to Judge Valerie E. Caproni from Thomas B. Roberts & Kevin P. Connolly dated June 23, 2017 re: Defendants' joint letter in anticipation of the initial pre-trial conference and Proposed Case Management Plan. Document filed by Project Renewal, The City of New York.(Roberts, Thomas) (Entered: 06/23/2017)

STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by The City of New York.(Roberts, Thomas) (Entered: 06/30/2017)

STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by The City of New York.(Roberts, Thomas) (Entered: 06/30/2017)

Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 6/30/2017. Order to follow. (Court Reporter Steven Greenbaum) (Brantley, Michael)

ORDER: IT IS HEREBY ORDERED that the Court shall construe Ms. Lopez's June 15, 2017 application for a temporary restraining order, Dkt. 31, as an amended complaint. In the event defendant Project Renewal, Inc. objects to treating the June 15, 2017 application as an amended complaint, it must inform the Court by July 7, 2017. IT IS HEREBY FURTHER ORDERED that Defendants' Rule 12 motions shall be due by August 4, 2017. Plaintiff's response is due by September 8, 2017. Defendants' replies are due by September 22, 2017. IT IS HEREBY FURTHER ORDERED that the City is directed to inform the Court promptly of any material developments in the parallel state court Article 78 proceedings. IT IS HEREBY FURTHER ORDERED that briefing on Plaintiff's motion for a preliminary injunction is adjourned sine die. (Motions due by 8/4/2017. Responses due by 9/8/2017. Replies due by 9/22/2017.) (Signed by Judge Valerie E. Caproni on 7/5/2017) (mml) (Entered: 07/05/2017)

TRANSCRIPT of Proceedings re: HEARING held on 5/31/2017 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rose Prater, (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 8/11/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/19/2017.(McGuirk, Kelly) (Entered: 07/21/2017)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 5/31/17 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: 07/21/2017)

TRANSCRIPT of Proceedings re: CONFERENCE held on 6/30/2017 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Steven Greenblum, (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 8/17/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/25/2017.(McGuirk, Kelly) (Entered: 07/27/2017)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/30/17 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: 07/27/2017)

MOTION to Dismiss Amended Complaint. Document filed by The City of New York. Responses due by 9/8/2017(Roberts, Thomas) (Entered: 07/28/2017)

MEMORANDUM OF LAW in Support re: 44 MOTION to Dismiss Amended Complaint. . Document filed by The City of New York. (Roberts, Thomas) (Entered: 07/28/2017)

DECLARATION of Thomas B. Roberts in Support re: 44 MOTION to Dismiss Amended Complaint.. Document filed by The City of New York. (Attachments: # 1 Exhibit Ex.1, May 12, 2017 Petition and supporting papers in Article 78 proceeding 100632/2017, # 2 Exhibit Ex. 2, Transcript of May 12, 2017 porceeding in 100632/2017, # 3 Exhibit Ex. 3, Trenscript of May 15, 2017 proceedings in 100632/2017, # 4 Exhibit Ex. 4, Incident reports concerning Plaintiff's actions on May 24, 2017, # 5 Exhibit Ex.5, N.Y. Unified Court System, Case Details Summary concerning Plaintiff dated May 25, 2017, # 6 Exhibit Ex. 6, DHS Suspension Request dated May 24, 2017, # 7 Exhibit Ex. 7, part 1, DHS' Answer and supporting exhibits and affidavits in 100632/2017, # 8 Exhibit Ex. 7, part 2, DHS' Answer and Supporting exhibits and affidavits in 100632/2017, # 9 Exhibit Ex. 7, Part 3, DHS' Answer and supporting exhibits and affidavits in 100632/2017, # 10 Exhibit Ex. 7, part 4, DHS' Answer and supporting exhibits and affidavits in 100632/2017, # 11 Exhibit Ex. 8, Incident reports cncerning Plaintiff's actions on May 26, 2017, # 12 Exhibit Ex. 9, Transcript of May 31, 2017 proceedings in 100632/2017, # 13 Exhibit Ex. 10, June 14, 2017 decision and judgment in 100632/2017, # 14 Exhibit Ex. 11, June 7 email chain between Plaintiff and ACC Schnittman, # 15 Exhibit Ex. 12, June 7, 2017 letter of Dr. Harold Reed, # 16 Exhibit Ex. 13, June 20, 2017 letter of Dr. Pierre Arty, # 17 Exhibit Ex. 14, June 26, 2017 Reasonable Accommodation Request Determination, # 18 Exhibit Ex. 15, Amender OTSC, RJI and Verified Petition in 100871/2017, # 19 Exhibit Ex. 16, July 20, 2017 Answer of DHS in 100871/2017, # 20 Exhibit Ex. 17, July 20 Affidavit of Dr. Laraque)(Roberts, Thomas) (Entered: 07/28/2017)

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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Andrew J. Peck. (Signed by Judge Valerie E. Caproni on 8/1/2017) (kgo) (Entered: 08/01/2017)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Project Renewal.(Greenberg, Richard) (Entered: 08/03/2017)

MOTION to Dismiss . Document filed by Project Renewal.(Greenberg, Richard) (Entered: 08/03/2017)

MEMORANDUM OF LAW in Support re: 49 MOTION to Dismiss . . Document filed by Project Renewal. (Greenberg, Richard) (Entered: 08/03/2017)

DECLARATION of Richard I. Greenberg in Support re: 49 MOTION to Dismiss .. Document filed by Project Renewal. (Attachments: # 1 Exhibit A-H, # 2 Exhibit I-N)(Greenberg, Richard) (Entered: 08/03/2017)

1 Exhibit A-H

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2 Exhibit I-N

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ORDER: with respect to 49 Motion to Dismiss. Plaintiff is to file her papers in opposition to the defendants' two motions to dismiss, by August 28, 2017. The parties are to follow the "Individual Practices of Magistrate Judge Andrew J. Peck," a copy of which is on the S.D.N.Y. website and also is attached. The parties are to consider whether they want me to decide the motions on a dispositive basis, pursuant to 28 U.S.C.§ 636(c). A copy of the limited§ 636(c) form is enclosed. If all parties agree, they should sign the form and return it to me; if there is not agreement by all parties, Mr. Greenberg is to advise the Court, by letter, by August 28, 2017, but without disclosing any party's decision (for example, that plaintiff said yes but the City said no). Response due by 8/28/2017. (Signed by Magistrate Judge Andrew J. Peck on 8/4/2017) Copies Sent by Chambers. (ap) Modified on 8/25/2017 (ap). (Entered: 08/04/2017)

Set/Reset Deadlines: Responses due by 8/28/2017. (ap)

LETTER addressed to Magistrate Judge Andrew J. Peck from Richard I. Greenberg dated August 16, 2017 re: Response to August 4, 2017 Order Regarding Pending Motions to Dismiss. Document filed by Project Renewal.(Greenberg, Richard) (Entered: 08/16/2017)

LETTER MOTION for Extension of Time to Submit Reply Documents addressed to Magistrate Judge Andrew J. Peck from Kevin P. Connolly dated August 21, 2017. Document filed by Project Renewal.(Connolly, Kevin) (Entered: 08/21/2017)

ORDER: granting 54 Letter Motion for Extension of Time. Reluctantly Approved. No further extensions. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 8/21/2017) Copies ECF: All Parties/ Counsel, Judge Caproni. (ama) (Entered: 08/21/2017)

Set/Reset Deadlines: Responses due by 9/8/2017 Replies due by 9/22/2017. (ama)

LETTER from Mariah Lopez, dated 9/8/17 re: REQUEST FOR ADJOURNMENT DUE TO RELIGIOUS & MEDICAL NEEDS. Document filed by Mariah Lopez.(sc) (Entered: 09/11/2017)

MEMO ENDORSEMENT: on re: 56 Letter filed by Mariah Lopez. ENDORSEMENT: Extension approved to September 22, 2017. Reply brief due September 29, 2017. (Responses due by 9/22/2017. Replies due by 9/29/2017.) (Signed by Magistrate Judge Andrew J. Peck on 9/11/2017) (ap) (Entered: 09/11/2017)

REPORT & RECOMMENDATION: re: 44 MOTION to Dismiss Amended Complaint, filed by The City of New York, 49 MOTION to Dismiss, filed by Project Renewal, 2 Complaint filed by Mariah Lopez. For the reasons set forth above, the Court should rule as follows:(1) the City's motion to dismiss (Dkt. No. 44) should be DENIED in its entirety; (2) Project Renewal's motion to dismiss (Dkt. No. 49) should be DENIED, except GRANTED as to Lopez's failure to accommodate claim and any claims under Title II of the ADA; and (3) Lopez should be granted leave to file a Second Amended Complaint to name Project Renewal as a defendant and to add facts to support her Title III failure to accommodate claim against Project Renewal, and as further set forth in this order. Objections to R&R due by 10/13/2017. (Signed by Magistrate Judge Andrew J. Peck on 9/28/2017) (ap) Modified on 10/17/2017 (ap). (Entered: 09/29/2017)

FIRST LETTER MOTION for Extension of Time to file written objections to Report and Recommendation addressed to Judge Valerie E. Caproni from Kevin Connolly dated October 10, 2017. Document filed by Project Renewal.(Connolly, Kevin) (Entered: 10/10/2017)

ORDER granting 59 Letter Motion for Extension of Time. Application GRANTED. Objections to R&R due by 10/23/2017. (Signed by Judge Valerie E. Caproni on 10/11/2017) (mro) (Entered: 10/11/2017)

OBJECTION to 58 Report and Recommendations Document filed by Project Renewal. (Greenberg, Richard) (Entered: 10/23/2017)

DECLARATION of Richard I. Greenberg, Esq. in Support re: 61 Objection to Report and Recommendations. Document filed by Project Renewal. (Attachments: # 1 Exhibit A(1), # 2 Exhibit A(2), # 3 Exhibit A(3), # 4 Exhibit A(4), # 5 Exhibit A(5))(Greenberg, Richard) (Entered: 10/23/2017)

OBJECTION to 58 Report and Recommendations Document filed by The City of New York. (Roberts, Thomas) (Entered: 10/23/2017)

DECLARATION of Tonie Baez in Support re: 63 Objection to Report and Recommendations. Document filed by The City of New York. (Roberts, Thomas) (Entered: 10/23/2017)

NOTICE of to Pro Se litigant who opposes a Rule 12 Motion supported by matters outside the pleadings and copies of decisions exculsively reported on computerized databases re: 63 Objection to Report and Recommendations. Document filed by The City of New York. (Attachments: # 1 Exhibit Ex.A; Arnold v Beth Abraham Health Servs., # 2 Exhibit Ex. B; Leo v NYC Dep't of Educ., # 3 Exhibit Ex. c; Loren v. NYC Dept of Educ., # 4 Exhibit Ex. D; Moran v NY Dep't of Health, # 5 Exhibit Ex. E; Nash v. Bd. of educ. of NY, # 6 Exhibit Ex. F; Smith v. Cuomo, # 7 Exhibit Ex. G; Cordoba v. Beau Dietl, # 8 Exhibit Ex. H; Witchard v. Monefiore Med. Ctr.)(Roberts, Thomas) (Entered: 10/23/2017)

PRO SE MEMORANDUM dated 1/16/17 re: CHANGE OF ADDRESS for Mariah Lopez. New Address: Homeless - No Mailing Address, (sc) (Entered: 11/16/2017)

NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Ona T. Wang. Please note that this is a reassignment of the designation only. (bcu)

Notice of Reassignment of Referral to Magistrate Judge

Notice of Redesignation to Magistrate Judge

NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Ona T. Wang, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Andrew J. Peck no longer referred to the case. (bcu)

ORDER for 44 Motion to Dismiss filed by The City of New York, 49 Motion to Dismiss filed by Project Renewal, 58 Report and Recommendations. The report is ADOPTED IN FULL. The City of New York's motion to dismiss is DENIED. Project Renewal's motion to dismiss is DENIED, except as to Lopez's failure to accommodate claim and any claims under Title II of the ADA. Plaintiff is granted leave to file a second amended complaint to name Project Renewal as a defendant and to add facts to support her Title III failure to accommodate claim against Project Renewal, if she so chooses. Any such second amended complaint must be filed by April 16, 2018. The Clerk of the Court is respectfully directed to close the open motions at docket entries 44 and 49, mail a copy of this order to Plaintiff, and note mailing on the docket. SO ORDERED. (Amended Pleadings due by 4/16/2018.) (Signed by Judge Valerie E. Caproni on 3/15/18) (yv) (Entered: 03/16/2018)

Transmission to Docket Assistant Clerk. Transmitted re: 67 Order Adopting Report and Recommendations, Set Deadlines, to the Docket Assistant Clerk for case processing. (yv)

Transmission to Docket Assistant Clerk

LETTER MOTION for Extension of Time to File Answer on behalf of all defendants addressed to Judge Valerie E. Caproni from Thomas B. Roberts dated March 21, 2018. Document filed by New York City Dept. Homeless Services, The City of New York.(Roberts, Thomas) (Entered: 03/21/2018)

ORDER granting 68 Letter Motion for Extension of Time to Answer. Application GRANTED. The Clerk of the Court is directed to mail a copy of this endorsement to Plaintiff and note mailing on the docket. Project Renewal answer due 4/30/2018; The City of New York answer due 4/30/2018. (Signed by Judge Valerie E. Caproni on 3/23/2018) (kgo) (Entered: 03/23/2018)

Transmission to Docket Assistant Clerk

Transmission to Docket Assistant Clerk. Transmitted re: 69 Order on Motion for Extension of Time to Answer,, to the Docket Assistant Clerk for case processing. (kgo)

AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Valerie E. Caproni on 3/28/2018) (rjm) (Entered: 03/28/2018)

ORDER: IT IS HEREBY ORDERED that the Court will hold a hearing to consider Plaintiff's renewed motion for a temporary restraining order at 2:30 p.m. on March 30, 2018 in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that the Defendants are directed to respond to Plaintiff's renewed motion by noon on March 30, 2018. IT IS FURTHER ORDERED that the Court will address the sealing of Plaintiff's renewed motion at the March 30, 2018 hearing. ( Motion Hearing set for 3/30/2018 at 02:30 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.), ( Responses due by 3/30/2018) (Signed by Judge Valerie E. Caproni on 3/29/2018) (kgo) Modified on 5/21/2018 (kgo). (Entered: 03/29/2018)