Case: Marisol A. v. Giuliani

1:95-cv-10533 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 13, 1995

Closed Date: Aug. 6, 2018

Clearinghouse coding complete

Case Summary

This federal class action was brought by children in the custody of the New York City Child Welfare Administration ("CWA"), and children who, while not in the custody of CWA, are or will be at risk of abuse or neglect and whose status is known or should be known to CWA. It was filed on December 13, 1995 in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Children's Rights Inc., Lawyers for Children, and private counsel, sought class certification, …

This federal class action was brought by children in the custody of the New York City Child Welfare Administration ("CWA"), and children who, while not in the custody of CWA, are or will be at risk of abuse or neglect and whose status is known or should be known to CWA. It was filed on December 13, 1995 in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Children's Rights Inc., Lawyers for Children, and private counsel, sought class certification, declaratory and injunctive relief against both the city and the state (collectively, the defendants). The plaintiffs claimed that the defendants violated the First, Eighth, and Fourteenth Amendments, the Adoption Assistance and Child Welfare Act of 1980, the Child Abuse Prevention and Treatment Act, the Early and Periodic Screening, Diagnosis and Treatment program of the Medicaid Act, the Multiethnic Placement Act of 1994, the Americans with Disabilities Act, the Rehabilitation Act of 1973, and state law.

Specifically, the plaintiffs contend that the defendants systematically:

  • failed to protect the plaintiffs from abuse and neglect and to provide them and their families with appropriate, legally required services;

  • failed to appropriately accept reports of child abuse and neglect for investigation;

  • failed to investigate those reports of child abuse and neglect that are accepted in the time and manner required by law;

  • failed to provide mandated pre-placement preventive services to enable children at risk of being placed in foster care to remain at home safely with their families whenever possible;

  • failed to provide children in need of foster care placement with the least restrictive, most family-like placements designed to meet their individual needs;

  • failed to provide foster children, their birth families and their foster families with the services that are essential to ensuring that the children do not deteriorate in CWA's custody;

  • failed to provide foster children with disabilities with placements and services appropriate to their individual needs and necessary to allow these children fully to participate in the City's child welfare system;

  • failed to provide foster children with appropriate case management, case plans and services;

  • failed to provide children for whom adoption is appropriate with services necessary to ensure that they are adopted quickly;

  • failed to provide teenage children who will leave the foster care system to live on their own with services adequate to prepare them to live independently;

  • failed to provide foster children with the administrative, judicial and dispositional reviews to which they are legally entitled;

  • failed to provide caseworkers with sufficient training, support and supervision; and

  • failed to maintain an adequate information system to monitor, track and plan for children, and to manage the child welfare system effectively.
As a result of these systemic deficiencies, the plaintiffs contended that the defendants jeopardized their well being.

On June 18, 1996, District Judge Robert J. Ward certified a class of children in foster care and those reported to be abused or neglected. The court also denied the defendants' motion to dismiss, interpreting children's constitutional right to protection from harm to include harm that results from unnecessary separation from parents and from extended stays in foster care without a permanent family. Marisol A. v. Giuliani, 929 F. Supp. 662 (1996). Some procedural skirmishes dealing with the defendants' interlocutory appeal followed. On September 26, 1997, the Second Circuit affirmed the district court's certification of the plaintiff class and directed that the district judge divide the classes into subclasses for organizational and management purposes. Marisol A. v Giuliani, 126 F.3d 372 (2d Cir. 1997).

In July of 1998, the parties began settlement negotiations. Over the objections of would-be intervenors representing a subclass of gay, lesbian, bisexual, and transgender youths in the custody of the city agency, the court approved separate settlement agreements with the city and the state defendants in March 1999. Marisol A. v. Giuliani, 185 F.R.D. 152 (S.D.N.Y. 1999). Objectors appealed, but on July 10, 2000, the Second Circuit Court of Appeals affirmed the district court's approval of both the city and state settlement agreements. Joel A. v. Giuliani, 218 F.3d 132 (2d Cir. 2000).

The class action settlement required the city to use independent outside child welfare experts to guide and assist it in undertaking systemic reform. The advisory panel had complete access to all aspects of the city's child welfare agency, and was empowered to provide recommendations, issue progress reports on the status of the reform effort, and determine whether the city is acting in good faith in implementing systemic reform. The city settlement was successfully concluded in 2001.

The plaintiffs returned to court in January 2001, seeking an order directing compliance by the state with specific terms of the state settlement agreement. The areas of alleged noncompliance included the failure to implement a statewide child welfare management information system. After an August 2001 evidentiary hearing, the court granted the plaintiffs' motion in part, holding that the state had acted with insufficient diligence in implementing the information management system. Marisol A. ex re. Forbes v. Giuliani, 157 F. Supp. 2d 303 (S.D.N.Y. 2001). Judge Ward extended the term of the agreement in this area, and directed that the state file semi-annual reports with the plaintiffs until the Court determined that the state had fully complied with the relevant portions of the agreement.

Very little activity appears in the docket after that ruling. The state filed a report required by the settlement agreement in July 2008, and then there was nearly a 10-year gap. In 2017, the case was reassigned to Judge George Daniels and then Magistrate Judge Katharine H. Parker. Also, the New York State Office of Children and Family Services (“OCFS”) filed one of its required semi-annual reports stating that OCFS was taking reasonable efforts to develop and implement a diligent and sufficient information management system for child welfare needs.

A status conference was held on July 26, 2018. After that conference, the court issued an order relinquishing its jurisdiction over that portion of the settlement agreement on August 6. Since the other parts of the settlement had terminated in 2001, the case is now closed.

Summary Authors

Alice Liu (5/19/2013)

Sean Whetstone (5/17/2018)

Alex Moody (4/12/2020)

Related Cases

Wilder v. Bernstein, Southern District of New York (1973)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7458316/parties/marisol-a-v-rudolph-giuliani/


Judge(s)
Attorney for Plaintiff

Best, Landis (New York)

Attorney for Defendant

Bansal, Preeta D. (New York)

Belohlavek, Michael S. (New York)

Billet, Barbara G. (New York)

Expert/Monitor/Master/Other

Abrams, Floyd (New York)

show all people

Documents in the Clearinghouse

Document
383

1:95-cv-10533

January 2017 Report

Oct. 12, 2017

Oct. 12, 2017

Findings Letter/Report
388

1:95-cv-10533

Order

Aug. 6, 2018

Aug. 6, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7458316/marisol-a-v-rudolph-giuliani/

Last updated Aug. 16, 2025, 6:50 a.m.

ECF Number Description Date Link Date / Link

Memo endorsed on motion; granting [319-1] motion for Mark Peters to withdraw as attorney for pltffs (Terminated attorney Mark G. Peters for Danielle J., attorney Mark G. Peters for Richard S. ( signed by Judge Robert J. Ward ); Copies mailed. (lam)

Jan. 12, 1999

Jan. 12, 1999

PACER
320

ORDER granting [319-1] motion for Mark Peters to withdraw as attorney for pltffs ( signed by Judge Robert J. Ward ); Copies mailed (lam) (Entered: 01/12/1999)

Jan. 12, 1999

Jan. 12, 1999

PACER
321

AMENDED MEMORANDUM in support of motion to intervene and objections to proposed class action settlement by intervenor Joel plaintiffs. (kw) (Entered: 01/19/1999)

Jan. 15, 1999

Jan. 15, 1999

PACER
323

MEMORANDUM by State defendants in support of the State settlement agreement and in opposition to motion to intervene. (kw) (Entered: 01/28/1999)

Jan. 21, 1999

Jan. 21, 1999

PACER
324

MEMORANDUM by city defendants' in support of the Marisol settlement agreement and the dismissal of Wilder and in opposition to the motion by the Joel A. plaintiffs to intervene. (kw) (Entered: 01/28/1999)

Jan. 21, 1999

Jan. 21, 1999

PACER
325

MEMORANDUM by plaintiffs in support of approval and entry of Marisol settlement agreements; in opposition to motion to intervene; and in further support of Wilder joint motion to dismiss. (kw) (Entered: 01/28/1999)

Jan. 21, 1999

Jan. 21, 1999

PACER
326

DECLARATION of Gail Rubin, on behalf of City Defendants i support of the settlement and in opposition to the motion by the Joel A. Plaintiffs to intervene. (kw) (Entered: 01/28/1999)

Jan. 21, 1999

Jan. 21, 1999

PACER

Hearing begun and concluded on 1/22/99 on the class action settlement agreements filed with the Court on 12/2/98. Judge's decision: the Court having hearing all parties responding to the fairness of the settlement, finds that the settlements are fair, reasonable & appropriate and approving the settlements. Settle Judgment on 2 day's notice. A written opinion will follow. (kw)

Jan. 22, 1999

Jan. 22, 1999

PACER
327

Letters to Judge Ward in objections to settlement agreements. (kw) (Entered: 01/28/1999)

Jan. 22, 1999

Jan. 22, 1999

PACER

Memo endorsed on memorandum in support of motion to intervene doc. #321; the portion of the within motion seeking to intervene for the purpose of interposing objections to the proposed class action settlement is granted. The balance of the motion has been withdrawn in open court ( signed by Judge Robert J. Ward ); Copies mailed. (kw) Modified on 01/27/1999

Jan. 25, 1999

Jan. 25, 1999

PACER
322

MEMORANDUM DECISION AND ORDER, this Court grants Intervenors' motion to intervene and the additional relief stated in this document, conditioned on this Court's approval of the Marisol City Settlement Agreement and dismissal of Wilder v. Bernstein, 78 civ. 957 (RJW) ( signed by Judge Robert J. Ward ); Copies mailed (kw) (Entered: 01/27/1999)

Jan. 25, 1999

Jan. 25, 1999

PACER
328

DECLARATION of Douglas Lasdon. (kw) (Entered: 01/28/1999)

Jan. 25, 1999

Jan. 25, 1999

PACER
329

Transcript of record of proceedings filed for dates of 11/18/98 @10:00am before Judge Ward. (lam) (Entered: 02/08/1999)

Feb. 1, 1999

Feb. 1, 1999

PACER
330

Transcript of record of proceedings filed for dates of 12/2/98 @9:40am before Judge Ward. (lam) (Entered: 02/09/1999)

Feb. 1, 1999

Feb. 1, 1999

PACER
331

ORDER, this Court's Memorandum Decision and Order dated 1/22/99, is vacated and the Wilder Intervenors' motion dated 1/5/99 in 78 civ. 957 is withdrawn ( signed by Judge Robert J. Ward ); Copies mailed (kw) (Entered: 02/10/1999)

Feb. 5, 1999

Feb. 5, 1999

PACER
332

STIPULATION and ORDER, the Wilder Intervenors are to receive the draft of the Initial Report with respect to the Wilder Obligations referred to in paragraph 11.b of the City Settlement Agreement and the Advisory Panel is to receive and discuss with the Wilder Intervenors any comments the Wilder Intervenors have regarding the draft, as provided for the parties in paragraph 14 of the City Settlement Agreement and as set forth further in this document ( signed by Judge Robert J. Ward ). (kw) (Entered: 02/10/1999)

Feb. 5, 1999

Feb. 5, 1999

PACER
333

NOTICE OF APPEAL by Joel A., Michael D., Eric R., David S., Maxx R., Ray D. ; from [322-1] order this Court grants Intervenors' motion to intervene and the additional relief stated in this document, conditioned on this Court's approval of the Marisol City Settlement Agreement and dismissal of Wilder v. Bernstein, 78 civ. 957 (RJW) . Copies of notice of appeal mailed to Attorney(s) of Record: David M. Brodsky, Thomas F. Curnin, Karen J. Freedman, Marcia Robinson Lowry, Gail Rubin, Judith Kramer, fee pd. $105.00, rec # 338033 . (as) (Entered: 02/22/1999)

Feb. 17, 1999

Feb. 17, 1999

PACER

Notice of appeal and certified copy of docket to USCA: [333-1] appeal by Ray D., Maxx R., David S., Eric R., Michael D., Joel A. ; Copy of notice of appeal sent to District Judge. (as)

Feb. 17, 1999

Feb. 17, 1999

PACER
334

Transcript of record of proceedings filed for dates of 1/22/99 @10:00 before Judge Ward. (lam) (Entered: 03/09/1999)

March 9, 1999

March 9, 1999

PACER
335

ORDER, reset answer due for 4/5/99 for Nicholas Scoppetta, for Brian J. Wing, for George E. Pataki, for Marva Livingston Hammons, and for Rudolph W. Giuliani ( signed by Judge Robert J. Ward ); Copies mailed (kw) (Entered: 03/11/1999)

March 9, 1999

March 9, 1999

PACER

USCA Case Number Re: [333-1] appeal by Ray D., Maxx R., David S., Eric R., Michael D., Joel A. USCA NUMBER: 99-7218. (dt)

March 10, 1999

March 10, 1999

PACER
336

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [333-1] appeal by Ray D., Maxx R., David S., Eric R., Michael D., Joel A. (dt) (Entered: 03/18/1999)

March 18, 1999

March 18, 1999

PACER
337

Memo endorsed on motion; plaintiffs' motion, to enter appearance of Marcia Robinson Lowry on behalf of Danielle J., by her next friend, Angela Lloyd; and Richard and Walter S., by their next friends, W.N. and N.N., is granted. No opposition ( signed by Judge Robert J. Ward ); Copies mailed. (kw) (Entered: 03/29/1999)

March 26, 1999

March 26, 1999

PACER
338

ORDER, upon consideration of Plaintiffs' motion to enter appearance of Marcia Robinson Lowry on behalf of Danielle J., by her next friend, Angela Lloyd; and Richard and Walter S., by their next friends, W.N. and N.N., it is hereby ordered that the motion is granted ( signed by Judge Robert J. Ward ); Copies mailed (kw) (Entered: 03/29/1999)

March 26, 1999

March 26, 1999

PACER
339

OPINION #82124, the Court finds the Marisol settlement agreements and the dismissal of Wilder to be fair, reasonable, and adequate. Accordingly, the Court approves the Marisol Settlement Agreements and grants the motion to dismiss Wilder ( Signed by Judge Robert J. Ward ); Copies mailed. (kw) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

PACER
340

ORDER, the settlement agreements, which are attached as exhibit, and each of them are approved by this Court ( signed by Judge Robert J. Ward ); Copies mailed (kw) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

PACER
341

FINAL JUDGMENT DISMISSING CLAIMS AND RETAINING JURISDICTION; that the plaintiffs' claims against the City defendants are dismissed with prejudice pursuant to the City Settlement Agreement, except that, pursuant to the City Settlement Agreement consented to by the plaintiffs and the City defendants and approved on this date by this Court, this Court shall retain jurisdiction over the City Settlement Agreement for the purposes set forth therein. The plaintiffs' claims against the State defendants are dismissed with prejudice pursuant to the State Settlement Agreement, except that, pursuant to the State Settlement Agreement consented to by the plaintiffs and the State defendants and approved on this date by this Court, this Court shall retain jurisdiction over the State Settlement Agreement for the purposes set forth therein. The issue of attorneys' fees and costs to be paid to plaintiffs as provided in the Settlement Agreements is reserved. ( signed by Judge Robert J. Ward ); Mailed copies and notice of right to appeal. Entered on 4/1/99. (kw) (Entered: 04/01/1999)

March 31, 1999

March 31, 1999

PACER

Case closed (kw)

March 31, 1999

March 31, 1999

PACER
342

STIPULATION and ORDER, pursuant to FRCP 10(e)(2)(A) that the documents as set forth in this order, which were mistakenly omitted from the Court record of this matter, be certified and forwarded as part of the record on appeal in this action ( signed by Judge Robert J. Ward ). (kw) (Entered: 04/22/1999)

April 20, 1999

April 20, 1999

PACER
343

ORDER authorizing payment of expenses to United Way of New York City from CRIS Acct 95cv10533; that the Clerk of the Court is directed to arrange for the transfer of all funds on deposit currently held by the CRIS in acct #95cv10533, to the Registry of this Court; that the Clerk of the Court prepare fothwith a check for all funds on deposit made payable to "United Way of New York City" and advise David Daykin that he may pick it up or make arrangement for the mailing of the check; that this Court retain jurisdiction in connection with any further application or matter which may arise in connection with this action ( signed by Judge Robert J. Ward ); Copies mailed; Remark by Cashiers Office: Received check #500754 dated 4/30/99 in the amount of 144,695.00 payable to United Way. (lam) (Entered: 05/10/1999)

April 28, 1999

April 28, 1999

PACER
344

NOTICE OF MOTION by plaintiffs for an order directing compliance with certain provisions of the Marisol State Settlement Agreement as set forth in this document ; Return date 9/3/99. (kw) Modified on 08/17/1999 (Entered: 08/17/1999)

Aug. 13, 1999

Aug. 13, 1999

PACER
345

MEMORANDUM by plaintiffs in support of [344-1] motion for an order directing compliance with certain provisions of the Marisol State Settlement Agreement as set forth in this document. (kw) (Entered: 08/17/1999)

Aug. 13, 1999

Aug. 13, 1999

PACER
346

AFFIDAVIT of Frederick Levitan on behalf of State defendants in opposition to Re: [344-1] motion for an order directing compliance with certain provisions of the Marisol State Settlement Agreement as set forth in this document. (kw) Modified on 09/07/1999 (Entered: 09/07/1999)

Sept. 2, 1999

Sept. 2, 1999

PACER
347

MEMORANDUM by State defendants in opposition to [344-1] motion for an order directing compliance with certain provisions of the Marisol State Settlement Agreement as set forth in this document. (kw) (Entered: 09/07/1999)

Sept. 2, 1999

Sept. 2, 1999

PACER
348

REPLY MEMORANDUM by plaintiffs to re: [347-1] opposition memorandum, and [346-1] affidavit. (kw) (Entered: 09/14/1999)

Sept. 10, 1999

Sept. 10, 1999

PACER
349

AGREEMENT ON ATTORNEYS' FEES AND COSTS/ORDER, the State Defendants will pay to Plaintiffs' Counsel the amount of $1,575,000 for the attorneys' fees and costs incurred by Plaintiffs in the Litigation. In addition to the $1,575,000 referred to in paragraph 1 of this document, the State Defendants agree to pay Plaintiffs' Counsel at a future date for the attorneys' fees and costs incurred by them after 3/31/99 for the monitoring and/or enforcement of the terms and conditions of the Settlement Agreement, up to a maximum amount of $175,000 ( signed by Judge Robert J. Ward ); Copies mailed. (kw) (Entered: 12/28/1999)

Dec. 27, 1999

Dec. 27, 1999

PACER
350

NOTICE OF MOTION by plaintiffs for an order granting attorney fees against the City Defendants in the amount of $9,361,098.02, for all activities rendered in this case up to 12/2/98 ; Return date 1/31/00. (kw) (Entered: 01/18/2000)

Jan. 14, 2000

Jan. 14, 2000

PACER
351

MEMORANDUM OF LAW by Marisol A. in support of [350-1] motion for an order granting attorney fees against the City Defendants in the amount of $9,361,098.02, for all activities rendered in this case up to 12/2/98. (kw) (Entered: 01/18/2000)

Jan. 14, 2000

Jan. 14, 2000

PACER
352

MEMORANDUM OF LAW by City Defts Rudolph W. Giuliani, Brian J. Wing, Nicholas Scoppetta in opposition to pltffs'` [350-1] motion for an order granting attorney fees against the City Defendants in the amount of $9,361,098.02, for all activities rendered in this case up to 12/2/98 (filed in night deposit on 4/14/00 @9:00pm) (lam) (Entered: 04/17/2000)

April 14, 2000

April 14, 2000

PACER
353

DECLARATION of Gail Rubin, Asst Corp Counsel, for City Defts Rudolph W. Giuliani, Brian J. Wing, Nicholas Scoppetta in opposition to pltffs' [350-1] motion for an order granting attorney fees against the City Defendants in the amount of $9,361,098.02, for all activities rendered in this case up to 12/2/98. (filed in night deposit on 4/14/00 @9:00pm) (lam) (Entered: 04/17/2000)

April 14, 2000

April 14, 2000

PACER
354

DECLARATION of Grace Goodman, affidavit of Nicholas Scoppetta, declaration of Suzanne M. Halbardier in opposition to pltffs' [350-1] motion for an order granting attorney fees against the City Defendants in the amount of $9,361,098.02, for all activities rendered in this case up to 12/2/98. Filed by City Defts. (filed in night deposit on 4/14/00 @9:01pm) (lam) (Entered: 04/17/2000)

April 14, 2000

April 14, 2000

PACER
355

CORRECTED COPY OF MEMORANDUM OF LAW by City Defts, Rudolph W. Giuliani, Brian J. Wing, Nicholas Scoppetta in opposition to [350-1] motion for an order granting attorney fees against the City Defendants in the amount of $9,361,098.02, for all activities rendered in this case up to 12/2/98 (lam) (Entered: 04/19/2000)

April 17, 2000

April 17, 2000

PACER
356

NOTICE of attorney appearance for Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I., Walter S., Richard S., Danielle J. by Shirim Nothenberg (lf) (Entered: 06/05/2000)

June 1, 2000

June 1, 2000

PACER
357

REPLY MEMORANDUM by plaintiffs in support re: [350-1] motion for an order granting attorney fees against the City Defendants in the amount of $9,361,098.02, for all activities rendered in this case up to 12/2/98 (lf) (Entered: 06/06/2000)

June 5, 2000

June 5, 2000

PACER
358

REPLY MEMORANDUM by Rudolph W. Giuliani, Marva Livingston Hammons, George E. Pataki, Brian J. Wing, Nicholas Scoppetta re: [350-1] motion for an order granting attorney fees against the City Defendants in the amount of $9,361,098.02, for all activities rendered in this case up to 12/2/98. Received in night deposit on 6/26/00 at 6:58 p.m. (jp) (Entered: 06/29/2000)

June 26, 2000

June 26, 2000

PACER
359

SUPPLEMENTAL DECLARATION of Gail Rubin by Rudolph W. Giuliani, Marva Livingston Hammons, George E. Pataki, Brian J. Wing, Nicholas Scoppetta in opposition to: [350-1] motion for an order granting attorney fees against the City Defendants in the amount of $9,361,098.02, for all activities rendered in this case up to 12/2/98. Received in night deposit on 6/26/00 at 6:58 p.m. (jp) (Entered: 06/29/2000)

June 26, 2000

June 26, 2000

PACER

Oral argument held before Judge Robert J. Ward re: pltffs' motion with reference to state defts directing complaince with certain provisions of Settlement Agreement; Judge's decision: motion disposed of as set forth on the record in open court. (lam)

July 26, 2000

July 26, 2000

PACER

Memo endorsed on motion doc. #344; the within motion is disposed of as set forth on the record in open court . ( Signed by Judge Robert J. Ward ). Copies mailed. (kw)

July 26, 2000

July 26, 2000

PACER
360

MANDATE OF USCA (certified copy) Re: Affirm [333-1] appeal by Ray D., Maxx R., David S., Eric R., Michael D., Joel A. 00-7898, Roseann B. MAckechnie, Clerk (sl) (Entered: 08/14/2000)

Aug. 8, 2000

Aug. 8, 2000

PACER
361

NOTICE OF MOTION by counsel for Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I., Walter S., Richard S., Danielle J. for Shirim Nothenberg to withdraw as attorney . Return date not indicated. (lam) (Entered: 08/15/2000)

Aug. 11, 2000

Aug. 11, 2000

PACER
362

MEMORANDUM OF LAW by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I., Walter S., Richard S., Danielle J. in support of [361-1] motion for Shirim Nothenberg to withdraw as attorney . (lam) (Entered: 08/15/2000)

Aug. 11, 2000

Aug. 11, 2000

PACER
363

ORDER granting [361-1] motion for Shirim Nothenberg to withdraw as attorney (Terminated attorney Shirim Nothenberg for Danielle J., attorney Shirim Nothenberg for Richard S., attorney Shirim Nothenberg for Walter S., attorney Shirim Nothenberg for Stephen I., attorney Shirim Nothenberg for Brandon H., attorney Shirim Nothenberg for Victoria G., attorney Shirim Nothenberg for Bill G. ( signed by Judge Robert J. Ward ); Copies mailed. (cd) (Entered: 08/17/2000)

Aug. 16, 2000

Aug. 16, 2000

PACER

Memo endorsed on motion; granting in accordance with Opinion filed herewith: [350-1] motion for an order granting attorney fees against the City Defendants in the amount of $9,361,098.02, for all activities rendered in this case up to 12/2/98. ( signed by Judge Robert J. Ward ); Copies mailed. (jp)

Aug. 30, 2000

Aug. 30, 2000

PACER
364

OPINION #84456, plaintiffs' motion for an award of attorneys' fees and expenses is granted. Defendants are directed to reimburse plaintiffs in the amount of $5,835,116.78 for attorneys' fees and expenses . ( signed by Judge Robert J. Ward ); Copies mailed. (kw) (Entered: 09/01/2000)

Aug. 30, 2000

Aug. 30, 2000

PACER
365

Transcript of record of proceedings before Judge Robert J. Ward for the date(s) of 7/26/00 @11:05am. (lam) (Entered: 09/06/2000)

Sept. 6, 2000

Sept. 6, 2000

PACER
366

NOTICE OF APPEAL by Rudolph W. Giuliani, Marva Livingston Hammons, seorge E. Pataki, Brian J. Wing, Nicholas Scoppetta ; from [364-1] order plaintiffs' motion for an award of attorneys' fees and expenses is granted. Defendants are directed to reimburse plaintiffs in the amount of $5,835,116.78 for attorneys' fees and expenses . Copies of notice of appeal mailed to Attorney(s) of Record: Marcia Robinson Lowry, Susan Lambiase, Kim E. Murdock, Jeffrey K. Powell, Karen J. Freedman, Esq. and Jess A. Velona, Esq. $105.00 Appeal filing fee paid 9/29/00 on receipt # E 385619. (dt) (Entered: 10/02/2000)

Sept. 29, 2000

Sept. 29, 2000

PACER

Notice of appeal and certified copy of docket to USCA: [366-1] appeal by Nicholas Scoppetta, Brian J. Wing, seorge E. Pataki, Marva Livingston Hammons, Rudolph W. Giuliani ; Copy of notice of appeal sent to District Judge. (dt)

Oct. 2, 2000

Oct. 2, 2000

PACER
367

MANDATE OF USCA WITHDRAWING APPEAL (certified copy) Re: withdrawing [366-1] appeal by Nicholas Scoppetta, Brian J. Wing, seorge E. Pataki, Marva Livingston Hammons, Rudolph W. Giuliani. 00-9256, Roseann B. Mackehcnie, Clerk. (sl) (Entered: 11/03/2000)

Nov. 2, 2000

Nov. 2, 2000

PACER
368

NOTICE OF MOTION by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I., Walter S., Richard S., Danielle J., Joel A., Michael D., Eric R., David S., Maxx R., Ray D. to direct compliance with certain provisions of the Marisol State Settlement Agreement . Return date not indicated. (lam) (Entered: 01/08/2001)

Jan. 8, 2001

Jan. 8, 2001

PACER
369

MEMORANDUM OF LAW by Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I., Walter S., Richard S., Danielle J., Joel A., Michael D., Eric R., David S., Maxx R., Ray D. in support of [368-1] motion to direct compliance with certain provisions of the Marisol State Settlement Agreement . (lam) (Entered: 01/08/2001)

Jan. 8, 2001

Jan. 8, 2001

PACER
370

AFFIDAVIT of Larry Brown by State Defendants in opposition to [368-1] motion to direct compliance with certain provisions of the Marisol State Settlement Agreement. (kw) (Entered: 02/01/2001)

Jan. 31, 2001

Jan. 31, 2001

PACER
371

MEMORANDUM OF LAW by State Defendants in opposition to [368-1] motion to direct compliance with certain provisions of the Marisol State Settlement Agreement. (kw) (Entered: 02/01/2001)

Jan. 31, 2001

Jan. 31, 2001

PACER
372

NOTICE of change of address for counsel Schulte Roth & Zabel for Marisol A., Lawrence B., Thomas C., Shauna D., Ozzie E., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I. . (lam) (Entered: 02/08/2001)

Feb. 6, 2001

Feb. 6, 2001

PACER
373

REPLY MEMORANDUM by plaintiffs in support of re: [368-1] motion to direct compliance with certain provisions of the Marisol State Settlement Agreement. (kw) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

PACER
374

AFFIDAVIT of Melvin I. Rosenblat by Rudolph W. Giuliani, Marva Livingston Hammons, seorge E. Pataki, Brian J. Wing, Nicholas Scoppetta Re: personal knowledge; and AFFIDAVIT of Larry G. Brown re in opposition to the pltff's motion for an order directing complaince and to supplement his affdvt of 1/29/01 (lf) (Entered: 03/12/2001)

March 9, 2001

March 9, 2001

PACER

Terminated document 368-1 pursuant to instructions of Magistrate Judge Eaton. (rag)

Aug. 6, 2001

Aug. 6, 2001

PACER

Motion Hearing begun before Judge Robert J. Ward Re: [368-1] motion to direct compliance with certain provisions of the Marisol State Settlement Agreement. (kw)

Aug. 9, 2001

Aug. 9, 2001

PACER

Motion Hearing continued before Judge Robert J. Ward Re: [368-1] motion to direct compliance with certain provisions of the Marisol State Settlement Agreement. (kw)

Aug. 10, 2001

Aug. 10, 2001

PACER

Motion Hearing continued before Judge Robert J. Ward Re: [368-1] motion to direct compliance with certain provisions of the Marisol State Settlement Agreement. Plaintiff withdraw their claims as to paragraph #9 of the State Settlement agreement. Motion withdraw as to paragraph #9. (kw) Modified on 08/23/2001

Aug. 13, 2001

Aug. 13, 2001

PACER

Motion Hearing continued and concluded before Judge Robert J. Ward Re: [368-1] motion to direct compliance with certain provisions of the Marisol State Settlement Agreement. Decision reserved. Total hearing days: 4. (kw)

Aug. 22, 2001

Aug. 22, 2001

PACER

Memo endorsed on motion; granting in part, denying in part [368-1] motion to direct compliance with certain provisions of the Marisol State Settlement Agreement in accordance with opinion filed herewith. ( signed by Judge Robert J. Ward ); Copies mailed. (pl)

Aug. 29, 2001

Aug. 29, 2001

PACER
375

Vacated as per Judges Order dated 08/06/2018, Doc. #388 OPINION AND ORDER #86038; for the reasons stated herein, pltffs' motion for an order directing compliance with paragraphs 14 and 21 of the State Settlement Agreement is denied. Pltffs' motion for an order directing compliance with paragraph 22 of the State Settlement Agreement is granted to the extent that the Court will continue its jurisdiction over par. 22 until the Court determines that defts have complied with that paragraph . The Office of Children and Family Services is directed to furnish semi-annual reports to the Court with copies to pltffs' attorneys. The first report shall be furnished on 1/2/02 and the last report shall be furnished when the Court determines that OCFS has complied with #22 of the State Settlement Agreement. . ( signed by Judge Robert J. Ward ); Copies mailed. (correction made to page 21 on 10/09/01 by Judge Ward, copies mailed and opinion re-microfilmed as of that date) (sn) Modified on 10/09/2001 Modified on 8/6/2018 (yv). (Entered: 08/30/2001)

Aug. 29, 2001

Aug. 29, 2001

PACER
376

Transcript of record of proceedings before Judge Robert J. Ward on 8/10/01. (kw) (Entered: 09/26/2001)

Sept. 26, 2001

Sept. 26, 2001

PACER
377

Transcript of record of proceedings before Judge Robert J. Ward on 8/9/01. (kw) (Entered: 09/26/2001)

Sept. 26, 2001

Sept. 26, 2001

PACER
378

Transcript of record of proceedings before Judge Robert J. Ward on 8/13/01. (kw) (Entered: 09/26/2001)

Sept. 26, 2001

Sept. 26, 2001

PACER
379

Ex Parte Order filed. Brian Lopez be permitted, with the consent of Jennie Casciano, to withdraw the sum of $3000.00 from the Account, being Citibank custodian account number 25867938, and that Citibank pay said sum to Mr. Lopez from said account as soon as possible upon demand by Mr. Lopez and Ms. Casciano in compliance with the procedures of the bank. ( signed by Judge Robert J. Ward ) (tp) (Entered: 01/23/2003)

Jan. 21, 2003

Jan. 21, 2003

PACER
380

Notice of Case Reassignment to Judge Kevin T. Duffy . Copy of notice and judge's rules mailed to Attorney(s) of record: Marc Christopher Falcone, Shirim Nothenberg, Marcia Robinson Lowry, Mark G. Peters, Grace Goodman, Floyd Abrams, Michael S. Popkin, David M. Brodsky, Rose E. Firestein, Carol A. Marcus, Thomas F. Curnin, Karen J. Freedman . (jjm) (Entered: 08/28/2003)

Aug. 26, 2003

Aug. 26, 2003

PACER
381

July 2008 Report by New York State Office of Children and Family Services. (pl) (Entered: 07/02/2008)

July 1, 2008

July 1, 2008

PACER

NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Kevin Thomas Duffy is no longer assigned to the case. (bcu)

June 22, 2017

June 22, 2017

PACER

Notice of Case Assignment/Reassignment

June 22, 2017

June 22, 2017

PACER

Magistrate Judge Katharine H. Parker is so redesignated. (ad)

June 22, 2017

June 22, 2017

PACER
382

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): OCFS's semi-annual report and Settlement. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge George B. Daniels on 10/6/2017) (mro) Modified on 11/15/2017 (mro). (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
383

JANUARY 2017 REPORT (from New York State Office of Children & Family Services). (sc) (Entered: 10/16/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
384

ORDER SCHEDULING TELEPHONE CONFERENCE: A telephone conference in this matter is scheduled for Thursday, July 26, 2018 at 12:30 p.m. Counsel for the parties are directed to call Judge Parker's Chambers at 12:30 p.m. on Thursday, July 26, 2018 with counsel for all parties on the line. Please dial 212-805-0234. (Telephone Conference set for 7/26/2018 at 12:30 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 7/17/2018) (cf) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
385

NOTICE OF APPEARANCE by Samantha Leigh Buchalter on behalf of SHEILA J. POOLE. (Buchalter, Samantha) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

RECAP

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 7/26/2018. (ca)

July 26, 2018

July 26, 2018

PACER
386

NOTICE OF APPEARANCE by Betsy Kramer on behalf of Marisol A., Lawrence B., Thomas C., Courtroom Television Network, Shauna D., David S., Ozzie E., Eric R., Darren F., David F., Bill G., Victoria G.. (Kramer, Betsy) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

RECAP
387

JOINT LETTER addressed to Judge George B. Daniels from Karen Freedman and Samantha L. Buchalter dated August 3, 2018 re: Telephone conference with Judge Parker on July 26, 2018. Document filed by Marisol A., Lawrence B., Thomas C., Courtroom Television Network, Shauna D., David S., Ozzie E., Eric R., Darren F., David F., Bill G., Victoria G., Brandon H., Stephen I., Danielle J., Joel A., Maxx R., Michael D., SHEILA J. POOLE, Ray D., Richard S., Walter S..(Kramer, Betsy) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
388

ORDER. This Court's August 29, 2001 Order, ECF Docket No. 375, is vacated insofar as it retained jurisdiction of paragraph 22 of the State Settlement Agreement. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/6/18) (yv) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
389

MEMO ENDORSEMENT on re: 387 Letter. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 8/6/2018) (jwh) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER

Case Details

State / Territory: New York

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 13, 1995

Closing Date: Aug. 6, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All children who are in the custody of the New York City Child Welfare Administration ("CWA"), and those children who, while not in the custody of CWA, are at risk of neglect or abuse and whose status is known or should be known to CWA.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Children's Rights, Inc.

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Mayor of the City of New York, City

Governor of the State of New York, State

New York City Administration of Children’s Services, City

New York State Office of Children and Family Services, State

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.

Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.

Child Abuse Prevention and Treatment Act, 42 U.S.C. §§ 5101 et seq.

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

State law

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Findings Letter/Report

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Recordkeeping

Auditing

Monitoring

Order Duration: 1998 - 2018

Issues

General/Misc.:

Adoption

Classification / placement

Education

Failure to supervise

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Incident/accident reporting & investigations

Individualized planning

Juveniles

Neglect by staff

Pattern or Practice

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Record-keeping

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Benefits (Source):

Adoption Assistance and Child Welfare Act

Disability and Disability Rights:

Least restrictive environment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Medical/Mental Health Care:

Dental care

HIV/AIDS

Medical care, general

Mental health care, general