Case: Bondy v. Sullivan

3:90-cv-00223 | U.S. District Court for the Northern District of California

Filed Date: Jan. 22, 1990

Closed Date: 1993

Clearinghouse coding complete

Case Summary

On January 22, 1990, plaintiff Herbert Bondy, a Jew who fled his native Austria in 1938 to avoid Nazi prosecution, filed a class action in the U.S. District Court California Northern District, seeking to prevent the government from including Austrian reparations payments made to victims of Nazi persecution in calculating his eligibility for Supplemental Security Income. Plaintiff was represented by attorneys with the National Senior Citizens Law Center and Legal Assistance to the Elderly Inc.T…

On January 22, 1990, plaintiff Herbert Bondy, a Jew who fled his native Austria in 1938 to avoid Nazi prosecution, filed a class action in the U.S. District Court California Northern District, seeking to prevent the government from including Austrian reparations payments made to victims of Nazi persecution in calculating his eligibility for Supplemental Security Income. Plaintiff was represented by attorneys with the National Senior Citizens Law Center and Legal Assistance to the Elderly Inc.

The District Court (Chief Judge Thelton E. Henderson) granted plaintiff's motion for summary judgment by an order dated November 21, 1990, certified the case as a class action on November 26, 1990, and entered an injunction on January 24, 1991, prohibiting the Secretary of Health and Human Services from including the Austrian reparations payments to victims of Nazi persecution in calculating eligibility for Supplemental Security Income.

Judge Henderson awarded attorneys fees to plaintiff in the amount of $65,756.75. Bondy v. Sullivan, 1991 U.S. Dist. LEXIS 20615 (N.D. Cal. May 13, 1991). A supplemental claim for attorney's fees was settled on April 27, 1993 for $3,500.

Summary Authors

Dan Dalton (11/12/2007)

People


Judge(s)

Henderson, Thelton Eugene (California)

Attorneys(s) for Plaintiff

Cranshaw, Cheryl (California)

Deford, Gill (California)

Komlos-Hrobsky, Peter (California)

Weathered, Tom (California)

Attorneys(s) for Defendant

Pomerantz, Glenn Douglas (California)

Stoll, George Christopher (California)

Other Attorney(s)

Active

Judge(s)

Henderson, Thelton Eugene (California)

Attorneys(s) for Plaintiff

Cranshaw, Cheryl (California)

Deford, Gill (California)

Komlos-Hrobsky, Peter (California)

Weathered, Tom (California)

Attorneys(s) for Defendant

Pomerantz, Glenn Douglas (California)

Stoll, George Christopher (California)

Other Attorney(s)

Feuer, Michael (California)

Documents in the Clearinghouse

Document

Docket (PACER)

Herbert Bondy v. Sec of HHS

April 26, 1993 Docket
93

Opinion

1991 WL 193535, 1991 U.S.Dist.LEXIS 20615

May 13, 1991 Order/Opinion

Docket

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT (No Process) (ld, COURT STAFF) (Entered: 09/14/1990)

Jan. 22, 1990
2

ANSWER by defendant HHS (ld, COURT STAFF) (Entered: 09/14/1990)

March 23, 1990
10

ORDER by Judge Thelton E. Henderson ; removing case from standing order for procedure in Social Security cases and setting Status conference 7/9/90 @ 1:30PM (cc: all counsel) (ld, COURT STAFF) (Entered: 09/14/1990)

May 3, 1990
12

ORDER (cc: all counsel) reassigning case to Judge Henderson (ld, COURT STAFF) (Entered: 09/14/1990)

June 21, 1990
14

MOTION by defendant HHS for judgment on the pleadings before Judge Thelton E. Henderson with Notice set for 9/17/90 @ 10AM (ld, COURT STAFF) (Entered: 09/14/1990)

July 5, 1990

RECEIVED Order re: [14-1] (ld, COURT STAFF) (Entered: 09/14/1990)

July 11, 1990
18

STATUS CONFERENCE STATEMENT by plaintiff Herbert Bondy (ld, COURT STAFF) (Entered: 09/14/1990)

July 23, 1990
19

STIPULATION and ORDER by Judge Thelton E. Henderson : setting hearing on motion for judgment on the pleadings before Judge Thelton E. Henderson [14-1] 10:00 9/17/90; plaintiff's response by 8/20/90, defendant's reply by 9/4/90 (cc: all counsel) (ld, COURT STAFF) (Entered: 09/14/1990)

July 25, 1990
20

Amicus Curiae's MOTION for application to appear and file response to deft's motion (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 9, 1990
21

ORDER by Judge Thelton E. Henderson granting motion for application to appear and file response to deft's motion [20-1] (cc: all counsel) (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 13, 1990
22

ORDER by Judge Thelton E. Henderson setting hearing on motion for judgment on the pleadings before Judge Thelton E. Henderson [14-1] 10:00 10/22/90; briefing schedule amended: 9/27/90 brief of amicus due; Plaintiff's response to defendant's motion due 9/27/90; 10/9/90 defendant's reply due; defendant's reply to plaintiff's response due 10/9/90 (cc: all counsel) (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 13, 1990
23

RESPONSE by defendant HHS to amicus request to appear (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 14, 1990
25

MOTION by plaintiff Herbert Bondy to compel with Notice set for 9/14/90 @ 10AM (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 16, 1990
26

MEMORANDUM by defendant HHS in support of motion to compel [25-1] (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 16, 1990
24

MOTION by plaintiff Herbert Bondy to shorten time on motion to compel [25-1] (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 17, 1990
27

REPLY by defendant HHS re [25-1] (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 31, 1990
28

DECLARATION of George Stoll re reply [27-1] (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 31, 1990
29

DECLARATION of Jean Hall Hinckley (ld, COURT STAFF) (Entered: 09/14/1990)

Sept. 4, 1990
30

MOTION by defendant HHS to extend time for class certification with Notice set for 10/22/90 @ 10AM (ld, COURT STAFF) (Entered: 09/14/1990)

Sept. 7, 1990
31

MEMORANDUM by defendant HHS in support of motion to extend time for class certification [30-1] (ld, COURT STAFF) (Entered: 09/14/1990)

Sept. 7, 1990

RECEIVED Order re: [30-1] (ld, COURT STAFF) (Entered: 09/14/1990)

Sept. 7, 1990
33

DECLARATION by plaintiff Herbert Bondy in support of award of attorneys fees (as, COURT STAFF) (Entered: 09/21/1990)

Sept. 19, 1990
34

MOTION by plaintiff Herbert Bondy to certify with Notice set for 10/22/90 @ 10am (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990
35

MEMORANDUM by plaintiff Herbert Bondy in support of motion to certify [34-1] (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990
36

MOTION by plaintiff Herbert Bondy for summary judgment with Notice set for 10/22/90 @ 10:00 (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990
37

MEMORANDUM by plaintiff Herbert Bondy in support of motion for summary judgment [36-1] (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990
38

APPENDIX of memorandum of points and authorities filed by plaintiff Herbert Bondy re motion for summary judgment [36-1] (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990

RECEIVED Proposed order submitted by plaintiff Herbert Bondy re: [36-1] (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990

RECEIVED proposed order submitted by plaintiff Herbert Bondy re: [34-1] (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990
39

APPLICATION of Jewish Congress for leave to file amicus curiae brief (as, COURT STAFF) (Entered: 09/28/1990)

Sept. 27, 1990
40

MEMORANDUM in support of application [39-1] (as, COURT STAFF) (Entered: 09/28/1990)

Sept. 27, 1990
41

DECLARATION re Austrian and German Law re application [39-1] (as, COURT STAFF) (Entered: 09/28/1990)

Sept. 27, 1990
42

APPENDIX filed re application [39-1] (as, COURT STAFF) (Entered: 09/28/1990)

Sept. 27, 1990

RECEIVED proposed order re: [39-1] (as, COURT STAFF) (Entered: 09/28/1990)

Sept. 27, 1990
43

OBJECTIONS by plaintiff Herbert Bondy to proposed order re Motion to compel (as, COURT STAFF) (Entered: 10/03/1990)

Oct. 2, 1990
44

OBJECTIONS by defendant HHS to fee award (as, COURT STAFF) (Entered: 10/03/1990)

Oct. 2, 1990
45

ORDER by Judge Thelton E. Henderson (cc: all counsel) granting AJC's application to file amicus curiae brief (as, COURT STAFF) (Entered: 10/03/1990)

Oct. 2, 1990
46

APPLICATION to extend briefing schedule and reset hearing date by defendant HHS (as, COURT STAFF) (Entered: 10/05/1990)

Oct. 4, 1990
47

ORDER by Judge Thelton E. Henderson ; Motion filing ddl for plaintiffs to file reply 10/24/90 defendants to file closing brief 10/17/90 file ; All motions hrg 10/29/90 (cc: all counsel) (as, COURT STAFF) (Entered: 10/11/1990)

Oct. 5, 1990
51

ORDER by Magistrate Claudia Wilken Plaintiffs motion to compel denied, court denies alternative motion to deem numeroisty; motion for santions is granted(cc: all counsel) (as, COURT STAFF) (Entered: 10/23/1990)

Oct. 15, 1990
48

MEMORANDUM by defendant HHS in opposition motion to certify [34-1] (as, COURT STAFF) (Entered: 10/22/1990)

Oct. 17, 1990
49

REPLY by defendant HHS to Memorandum of Amici Curiae Bet Tzedek and American Jewish Congress (as, COURT STAFF) (Entered: 10/22/1990)

Oct. 17, 1990
50

MEMORANDUM by defendant HHS in opposition motion for judgment on the pleadings before Judge Thelton E. Henderson [14-1] (as, COURT STAFF) (Entered: 10/22/1990)

Oct. 17, 1990
55

ADDENDUM to defendants memorandum in opposition to summary judgment filed by defendant HHS (as, COURT STAFF) (Entered: 10/30/1990)

Oct. 19, 1990
52

ORDER by Judge Thelton E. Henderson ; All motions hrg set 11/5/90 (cc: all counsel) (as, COURT STAFF) (Entered: 10/26/1990)

Oct. 22, 1990
53

REPLY memorandum by plaintiff Herbert Bondy re [36-1] (as, COURT STAFF) (Entered: 10/29/1990)

Oct. 24, 1990
54

REPLY memorandum by plaintiff Herbert Bondy re [34-1] (as, COURT STAFF) (Entered: 10/29/1990)

Oct. 24, 1990
56

MOTION by plaintiff Herbert Bondy for reconsideration (as, COURT STAFF) (Entered: 10/30/1990)

Oct. 26, 1990
57

MEMORANDUM by plaintiff Herbert Bondy in support of motion for reconsideration [56-1] (as, COURT STAFF) (Entered: 10/30/1990)

Oct. 26, 1990

RECEIVED proposed order submitted by plaintiff Herbert Bondy (as, COURT STAFF) (Entered: 10/30/1990)

Oct. 26, 1990
58

MINUTES: ( C/R Colleen Stoll) re motion for class certification and motion for jury on the pleadings. (dm, COURT STAFF) (Entered: 11/06/1990)

Nov. 5, 1990
59

ORDER by Judge Thelton E. Henderson (cc: all counsel). The Plaintiff's motion for certification of a class should be GRANTED and the defendant's motion to extend time for class certification is DENIED. (dm, COURT STAFF) (Entered: 11/26/1990)

Nov. 21, 1990
60

ORDER by Judge Thelton E. Henderson dismissing case (cc: all counsel). The Court denies the defendant's motion for judgment on the pleadings and grants the plaintiff's motion for summary judgment. (dm, COURT STAFF) (Entered: 11/26/1990)

Nov. 21, 1990

RECEIVED order granting declaratory and injunctive relief submitted by plaintiff Herbert Bondy (dm, COURT STAFF) (Entered: 12/03/1990)

Nov. 30, 1990
62

MOTION for Entry of Declaratory and Injunctive Relief by plaintiff Herbert Bondy with Notice set for 12/31/90. (dm, COURT STAFF) (Entered: 12/03/1990)

Nov. 30, 1990
63

MEMORANDUM by plaintiff Herbert Bondy in support of motion [62-1] for entry of delaratory and injuctive relief. (dm, COURT STAFF) (Entered: 12/03/1990)

Nov. 30, 1990
64

MOTION by plaintiff Herbert Bondy for declaratory relief , and for injunctive relief with Notice set for 1/14/91 @ 10:00 (dm, COURT STAFF) (Entered: 12/14/1990)

Dec. 13, 1990
65

MEMORANDUM by defendant HHS in opposition motion for declaratory relief [64-1], motion for injunctive relief [64-2] (dm, COURT STAFF) (Entered: 01/02/1991)

Dec. 31, 1990

RECEIVED proposed order submitted by defendant HHS re:motion for entry of declaratory and injunctive relief [64-1], re: [64-2] (dm, COURT STAFF) (Entered: 01/02/1991)

Dec. 31, 1990
66

REPLY MEMORANDUM by plaintiff Herbert Bondy in support of motion for declaratory relief [64-1], of motion for injunctive relief [64-2] (dm, COURT STAFF) (Entered: 01/08/1991)

Jan. 7, 1991
67

MINUTES: ( C/R Shelly Martin) that the motion for declaratory relief [64-1] is submitted, that the motion for injunctive relief [64-2] is submitted (dm, COURT STAFF) (Entered: 01/18/1991)

Jan. 15, 1991
68

NOTICE OF APPEAL by defendant HHS from Dist. Court decision filed 11/21/91 [60-2] no fee government appeal (dm, COURT STAFF) Modified on 03/14/1991 (Entered: 01/24/1991)

Jan. 22, 1991
69

ORDER by Judge Thelton E. Henderson granting motion for declaratory relief [64-1] granting motion for injunctive relief [64-2] granting motion [62-1]. The court amends the judgment of 11/21/90 to include additional reliefs as listed (See file for details). (cc: all counsel) (dm, COURT STAFF) (Entered: 01/28/1991)

Jan. 24, 1991
70

TRANSCRIPT DESIGNATION and Ordering Form filed for dates and dates ordered re appeal [68-1] (dm, COURT STAFF) (Entered: 02/04/1991)

Feb. 1, 1991
71

PROOF OF SERVICE by defendant HHS of transcript designation form (dm, COURT STAFF) (Entered: 02/04/1991)

Feb. 1, 1991

NOTIFICATION by Circuit Court of Appellate Docket Number 91-15125 (dm, COURT STAFF) (Entered: 02/06/1991)

Feb. 5, 1991
72

MOTION by plaintiff Herbert Bondy to file a brief in excess of 25 pages (dm, COURT STAFF) (Entered: 03/07/1991)

March 6, 1991
73

ORDER by Chief Judge Thelton E. Henderson granting motion to file a brief in excess of 25 pages [72-1] but no more than 35 pages in length (cc: all counsel) (dm, COURT STAFF) (Entered: 03/11/1991)

March 7, 1991
74

MOTION by plaintiff Herbert Bondy for attorney fees with Notice set for 4/8/91 @ 10:00 (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991
75

MEMORANDUM by plaintiff Herbert Bondy in support of motion for attorney fees [74-1] (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991
76

DECLARATION by Gill Deford on behalf of plaintiff Herbert Bondy (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991
77

DECLARATION by Tom Weathered on behalf of plaintiff Herbert Bondy (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991
78

DECLARATION by Jody L. Hitchcock on behalf of plaintiff Herbert Bondy (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991
79

DECLARATION by Richard M. Pearl on behalf of plaintiff Herbert Bondy re motion for attorney fees [74-1] (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991
80

PROOF OF SERVICE by plaintiff Herbert Bondy of documents numbered [74-79] (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991
81

PROOF OF SERVICE by plaintiff Herbert Bondy of documents numbered [74-79] (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991
82

PROOF OF SERVICE by plaintiff Herbert Bondy of order allowing brief in excess of 25 pages (dm, COURT STAFF) (Entered: 03/14/1991)

March 13, 1991
88

REPLY MEMORANDUM by plaintiff Herbert Bondy re motion for attorney fees [74-1] (dm, COURT STAFF) (Entered: 04/16/1991)

March 15, 1991
83

STATUS REPORT by defendant HHS (dm, COURT STAFF) (Entered: 03/26/1991)

March 25, 1991

RECEIVED stipulation to change briefing schedule submitted by defendant HHS (dm, COURT STAFF) (Entered: 03/28/1991)

March 27, 1991
84

STIPULATION and ORDER by Chief Judge Thelton E. Henderson : motion for attorney fees [74-1] hearing set for 10:00 4/22/91 (cc: all counsel) (dm, COURT STAFF) (Entered: 04/05/1991)

March 29, 1991
85

MEMORANDUM by defendant in opposition motion for attorney fees [74-1] (lc, COURT STAFF) (Entered: 04/11/1991)

April 8, 1991
86

DECLARATION by George C. Stoll on behalf of defendant (lc, COURT STAFF) (Entered: 04/11/1991)

April 9, 1991
87

RESPONSE by plaintiff Herbert Bondy to status report [83-1]. (gba, COURT STAFF) (Entered: 04/11/1991)

April 10, 1991
90

MINUTES: ( C/R Candy Francis) that the motion for attorney fees [74-1] is submitted (dm, COURT STAFF) (Entered: 04/23/1991)

April 22, 1991
91

COPY of USCA Order: Voluntarily dismissing the appeal [68-1] (dm, COURT STAFF) (Entered: 04/30/1991)

April 29, 1991
92

CLERK'S NOTICE re [91-1] Received certified copy of USCA # 91-15125. Clerk spreading MANDATE cc: all counsel (dm, COURT STAFF) (Entered: 04/30/1991)

April 29, 1991
93

ORDER by Chief Judge Thelton E. Henderson granting motion for attorney fees [74-1], the Secretary is to pay Bondy's counsel $65,756.75 within 30 days (cc: all counsel) ( Date Entered 5/13/91) (cb, COURT STAFF) (Entered: 05/13/1991)

May 8, 1991
94

SECOND STATUS REPORT by defendant HHS (dm, COURT STAFF) (Entered: 05/29/1991)

May 24, 1991
95

RESPONSE by plaintiff Herbert Bondy re status report [94-1] (dm, COURT STAFF) (Entered: 06/10/1991)

June 6, 1991
96

THIRD STATUS REPORT by defendant HHS (dm, COURT STAFF) (Entered: 07/25/1991)

July 23, 1991
97

RESPONSE by plaintiff Herbert Bondy re third status report [96-1] (dm, COURT STAFF) (Entered: 08/13/1991)

Aug. 12, 1991
98

FOURTH STATUS REPORT by defendant HHS (dm, COURT STAFF) (Entered: 09/24/1991)

Sept. 23, 1991
99

RESPONSE by plaintiff Herbert Bondy re fourth status report [98-1] (dm, COURT STAFF) (Entered: 10/01/1991)

Sept. 30, 1991
100

SATISFACTION of Cost Bill by plaintiff Herbert Bondy (dm, COURT STAFF) (Entered: 10/17/1991)

Oct. 16, 1991
101

FIFTH STATUS REPORT by defendant HHS (dm, COURT STAFF) (Entered: 11/27/1991)

Nov. 26, 1991
102

RESPONSE by plaintiff Herbert Bondy re fifth status report [101-1] (dm, COURT STAFF) (Entered: 12/17/1991)

Dec. 16, 1991
103

NOTICE by defendant of filing secretary's sixth report (ab, COURT STAFF) (Entered: 01/21/1992)

Jan. 17, 1992
104

RESPONSE by plaintiff Herbert Bondy re report [101-1] (ab, COURT STAFF) (Entered: 02/04/1992)

Jan. 30, 1992
105

Seventh STATUS REPORT by defendant (ab, COURT STAFF) (Entered: 03/20/1992)

March 20, 1992

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 22, 1990

Closing Date: 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Jewish victims of Nazi persecution who received Austrian reparations and who subsequently received or were eligible to receive Supplemental Security Income benefits.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Secretary of Health and Human Services (Washington D.C.), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1991 - 1991

Issues

General:

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

Immigration/Border:

Asylum - criteria

Asylum - procedure

Refugees