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)

Attorney for Plaintiff

Cranshaw, Cheryl (California)

Deford, Gill (California)

Komlos-Hrobsky, Peter (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Feuer, Michael (California)

Documents in the Clearinghouse

Documents in this case

3:90-cv-00223

Docket (PACER)

Herbert Bondy v. Sec of HHS

April 26, 1993

April 26, 1993

Docket
93

3:90-cv-00223

Opinion

May 13, 1991

May 13, 1991

Order/Opinion

1991 WL 193535

Docket

Last updated March 25, 2025, 8:09 a.m.

ECF Number Date Description Link
1 Jan. 22, 1990

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

PACER
2 March 23, 1990

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

PACER
10 May 3, 1990

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)

PACER
12 June 21, 1990

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

PACER
14 July 5, 1990

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)

PACER
July 11, 1990

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

PACER
18 July 23, 1990

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

PACER
19 July 25, 1990

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)

PACER
20 Aug. 9, 1990

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

PACER
21 Aug. 13, 1990

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)

PACER
22 Aug. 13, 1990

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)

PACER
23 Aug. 14, 1990

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

PACER
25 Aug. 16, 1990

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

PACER
26 Aug. 16, 1990

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

PACER
24 Aug. 17, 1990

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

PACER
27 Aug. 31, 1990

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

PACER
28 Aug. 31, 1990

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

PACER
29 Sept. 4, 1990

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

PACER
30 Sept. 7, 1990

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)

PACER
31 Sept. 7, 1990

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

PACER
Sept. 7, 1990

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

PACER
33 Sept. 19, 1990

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

PACER
34 Sept. 21, 1990

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

PACER
35 Sept. 21, 1990

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

PACER
36 Sept. 21, 1990

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

PACER
37 Sept. 21, 1990

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

PACER
38 Sept. 21, 1990

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)

PACER
Sept. 21, 1990

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

PACER
Sept. 21, 1990

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

PACER
39 Sept. 27, 1990

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

PACER
40 Sept. 27, 1990

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

PACER
41 Sept. 27, 1990

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

PACER
42 Sept. 27, 1990

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

PACER
Sept. 27, 1990

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

PACER
43 Oct. 2, 1990

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

PACER
44 Oct. 2, 1990

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

PACER
45 Oct. 2, 1990

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)

PACER
46 Oct. 4, 1990

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

PACER
47 Oct. 5, 1990

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)

PACER
51 Oct. 15, 1990

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)

PACER
48 Oct. 17, 1990

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

PACER
49 Oct. 17, 1990

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

PACER
50 Oct. 17, 1990

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)

PACER
55 Oct. 19, 1990

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

PACER
52 Oct. 22, 1990

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

PACER
53 Oct. 24, 1990

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

PACER
54 Oct. 24, 1990

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

PACER
56 Oct. 26, 1990

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

PACER
57 Oct. 26, 1990

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

PACER
Oct. 26, 1990

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

PACER
58 Nov. 5, 1990

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

PACER
59 Nov. 21, 1990

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)

PACER
60 Nov. 21, 1990

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)

PACER
62 Nov. 30, 1990

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)

PACER
63 Nov. 30, 1990

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)

PACER
Nov. 30, 1990

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

PACER
64 Dec. 13, 1990

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)

PACER
65 Dec. 31, 1990

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)

PACER
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)

PACER
66 Jan. 7, 1991

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)

PACER
67 Jan. 15, 1991

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)

PACER
68 Jan. 22, 1991

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)

PACER
69 Jan. 24, 1991

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)

PACER
70 Feb. 1, 1991

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

PACER
71 Feb. 1, 1991

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

PACER
Feb. 5, 1991

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

PACER
72 March 6, 1991

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

PACER
73 March 7, 1991

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)

PACER
74 March 11, 1991

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

PACER
75 March 11, 1991

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

PACER
76 March 11, 1991

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

PACER
77 March 11, 1991

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

PACER
78 March 11, 1991

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

PACER
79 March 11, 1991

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)

PACER
80 March 11, 1991

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

PACER
81 March 11, 1991

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

PACER
82 March 13, 1991

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

PACER
88 March 15, 1991

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

PACER
83 March 25, 1991

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

PACER
March 27, 1991

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

PACER
84 March 29, 1991

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)

PACER
85 April 8, 1991

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

PACER
86 April 9, 1991

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

PACER
87 April 10, 1991

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

PACER
90 April 22, 1991

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

PACER
91 April 29, 1991

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

PACER
92 April 29, 1991

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)

PACER
93 May 8, 1991

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)

PACER
94 May 24, 1991

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

PACER
95 June 6, 1991

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

PACER
96 July 23, 1991

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

PACER
97 Aug. 12, 1991

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

PACER
98 Sept. 23, 1991

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

PACER
99 Sept. 30, 1991

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

PACER
100 Oct. 16, 1991

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

PACER
101 Nov. 26, 1991

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

PACER
102 Dec. 16, 1991

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

PACER
103 Jan. 17, 1992

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

PACER
104 Jan. 30, 1992

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

PACER
105 March 20, 1992

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

PACER

Case Details

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

Federal

Secretary of Health and Human Services

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Other Dockets:

Northern District of California 3:90-cv-00223

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1991 - 1991

Issues

General/Misc.:

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

Reparations

Immigration/Border:

Asylum - criteria

Asylum - procedure

Refugees

Recommended Citation