Case: Nicholson v. Williams

1:00-cv-02229 | U.S. District Court for the Eastern District of New York

Filed Date: April 17, 2000

Closed Date: 2007

Clearinghouse coding complete

Case Summary

The plaintiffs in this case are mothers in New York who have been subjected to domestic violence, and as a result, had the Administration for Children's Services (ACS) remove their children from their custody. Represented by the Sanctuary for Families, Lawyers for Children, and the New York Legal Aid Society, they each brought suit, separately, in 2000 in U.S. District Court, Eastern District of New York, against ACS. Their cases were then consolidated and converted to a class action in Janua…

The plaintiffs in this case are mothers in New York who have been subjected to domestic violence, and as a result, had the Administration for Children's Services (ACS) remove their children from their custody. Represented by the Sanctuary for Families, Lawyers for Children, and the New York Legal Aid Society, they each brought suit, separately, in 2000 in U.S. District Court, Eastern District of New York, against ACS. Their cases were then consolidated and converted to a class action in January 2001, against the state, the state Office of Children and Family Services, the city of New York, and the city Administration for Children's Services (ACS). The plaintiffs claimed violations of Constitutional rights, including the First, Fourth, Ninth, Thirteenth, and Fourteenth Amendments, and violations of federal and state law, including the Adoption and Safe Families Act of 1997, 42 U.S.C. § 675; the Violence Against Women Act of 1994, 18 U.S.C. § 2261; and the Child Abuse Prevention and Treatment Act Amendments of 1984, 42 U.S.C. §§ 5101-5106.

Plaintiffs moved for class certification in January 2001. Judge Jack B. Weinstein pushed for an expedited trial schedule and consideration of preliminary injunctions, regardless of a final class certification decision, because of serious charges made of deprivation of constitutional rights to custody of children. After numerous hearings of testimonies supporting the claims of the mothers, in July 2001 the court certified the class with two subclasses in order to avoid a conflict of interest between mothers and children. Subclass A consisted of all persons subject to domestic violence or its threat who are custodians of children if the children were not themselves physically harmed and if the children are sought to be removed by ACS. Subclass B consisted of all children in the custody of a custodian in Subclass A who have been removed or are likely to be removed by ACS and has not been returned to the custodian as soon as possible. Nicholson v. Williams, 205 F.R.D. 377 (E.D.N.Y. 2001).

On July 9, 2001, a trial commenced to determine whether and in what form a preliminary injunction should issue. Trial lasted for twenty-four days and over forty-four witnesses testified. After trial concluded at the end of December, the court issued a preliminary injunction. The court prohibited ACS from separating a mother, not otherwise unfit, from her children on the basis that, as a victim of domestic violence, she was considered to have "engaged in" domestic violence. Additionally, the court required ACS to increase compensation for attorneys appointed to represent mothers threatened with separation from their children in order to allow for adequate representation of the mothers. Judge Weinstein noted the praiseworthy improvement ACS made to rectify continuing injustices, but nevertheless found that the defendants' constitutional violations, i.e. the separation of children from their families without due process, "may hinder parent-child bonding, interfere with a child's ability to relate well to others, and deprive the child of the essential loving affection critical to emotional maturity." In re Nicholson, 181 F. Supp. 2d 182, 185 (E.D.N.Y. 2002).

In January 2002, the court stayed the injunction until June 2002, except for the requirement that the defendant ACS produce monthly reports on steps it was taking to protect the subclasses' rights.

Meanwhile, in an extensive opinion over 100 pages, the court clarified its initial December order and preliminary injunction, and identified modern perspectives on domestic violence and child welfare. After considering the facts of the plaintiff mothers' stories, and the views of experts, the court opined that best practices require that mothers should not be accused of neglect for being victims of domestic violence; batterers should be held accountable; children should be protected by offering battered mothers appropriate services and protection; separation of battered mothers and children should be the alternative of last resort; child welfare employees should be adequately trained to deal with domestic violence; and agency policy should provide clear guidelines to caseworkers. Judge Weinstein found that ACS policies and practices rarely employed any of these best practices, nothing that "[c]hildren's welfare, the state interest which is so often the great counterweight deployed to justify state interference in family affairs, has virtually disappeared from the equation in the case of ACS's practices and policies regarding abused mothers." Nicholson v. Williams, 203 F. Supp. 2d 153, 254 (E.D.N.Y. 2002)

The defendants appealed, and the plaintiffs cross-appealed. The defendants appealed certain provisions of the preliminary injunction, but the U.S. Court of Appeals for the Second Circuit denied the motion for a stay of the injunction. While the appeal before the Second Circuit was pending, all four plaintiffs accepted judgments plus reasonable costs and attorney's fees. The cross-appeals of the plaintiffs were withdrawn as moot.

Additionally, Circuit Judge Katzman for the Second Circuit concluded that the federal constitutional questions may be substantially altered by controlling state law. Thus, the Second Circuit submitted a certification of questions of state law to the New York Court of Appeals. Nicholson v. Scoppetta, 344 F.3d 154 (2d Cir. 2003). The New York Court of Appeals answered the questions, finding that a child's exposure to domestic violence against their caretaker is insufficient to constitute neglect under New York state law. Nicholson v. Scopetta, 820 N.E.2d 840 (N.Y. 2004). Thus, the Second Circuit remanded the case to the District Court. Nicholson v. Scopetta, 116 F. App'x 313 (2d Cir. 2004). Meanwhile, the District Court had extended the preliminary injunction until October 2004.

In December 2004, the Court found that ACS had substantially complied with the terms of the preliminary injunction and the City stated its intention to comply with the New York Court of Appeals decision. Thus, the parties settled by stipulation to terminate the preliminary injunction on December 31, 2004, and that the case would be dismissed with prejudice in September 2005 unless the plaintiffs moved to restore the case before that time. The plaintiffs did not move to restore the case, and the Second Circuit dismissed as moot any remaining appeals. After months of negotiations, the court settled the matter of attorneys' fees in March 2007.

Summary Authors

Elizabeth Homan (12/20/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5399416/parties/nicholson-v-williams/


Judge(s)

Katzmann, Robert A. (New York)

Kaye, Judith (New York)

Pollak, Cheryl L. (New York)

Sharpe, Gary L. (New York)

Weinstein, Jack Bertrand (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Brauner, Lisa M. (New York)

Drinane, Monica (New York)

Freedman, Karen J. (New York)

Goldstein, Barrie L. (New York)

Judge(s)

Katzmann, Robert A. (New York)

Kaye, Judith (New York)

Pollak, Cheryl L. (New York)

Sharpe, Gary L. (New York)

Weinstein, Jack Bertrand (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Brauner, Lisa M. (New York)

Drinane, Monica (New York)

Freedman, Karen J. (New York)

Goldstein, Barrie L. (New York)

Greenberg, Daniel L. (New York)

Gutheil, Karen Fisher (New York)

Kubitschek, Carolyn A. (New York)

Lansner, David J. (New York)

Levi, Benjamin (District of Columbia)

Sirotkin, Joanne Nancy (New York)

Walker, Bryce K. (New York)

Weddle, Christopher S. (New York)

Zuccardy, Jill M. (New York)

Attorneys(s) for Defendant

Aronson, Paul (New York)

Bristow, William (New York)

Calhoun, Martha Anne (New York)

Cardozo, Michael A. (New York)

Esposito, Frank Michael (New York)

Kerby, Shawn (New York)

Pines, Jonathan (New York)

Wolpert, Carolyn Michelle (New York)

Other Attorney(s)

Aldrich, Liberty (New York)

Goldscheid, Julie (New York)

Expert/Monitor/Master

Oakes, Judy L. (Minnesota)

Documents in the Clearinghouse

Document

1:00-cv-05155

Docket Sheet

Udoh v. Scoppetta

March 20, 2007

March 20, 2007

Docket

1:00-cv-06885

Docket Sheet

Tillett v. Scopetta

March 20, 2007

March 20, 2007

Docket

1:00-cv-02229

Docket

March 18, 2010

March 18, 2010

Docket
81

1:00-cv-02229

Fourth Amended Complaint

July 12, 2001

July 12, 2001

Complaint

1:00-cv-02229

1:00-cv-05155

1:00-cv-06885

Memorandum and Order

Aug. 16, 2001

Aug. 16, 2001

Order/Opinion
134

1:00-cv-02229

1:00-cv-05155

1:00-cv-06885

MEMORANDUM AND ORDER

In re Nicholson

Oct. 25, 2001

Oct. 25, 2001

Order/Opinion
183

1:00-cv-02229

1:00-cv-05155

1:00-cv-06885

Amended Memorandum, Order and Preliminary Injunction

In re Nicholson

Jan. 3, 2002

Jan. 3, 2002

Order/Opinion
227

1:00-cv-02229

1:00-cv-05155

1:00-cv-06885

Order

March 18, 2002

March 18, 2002

Order/Opinion

02-07079

Opinion

Nicholson v. Scoppetta

U. S. Court of Appeals for the Second Circuit

Sept. 16, 2003

Sept. 16, 2003

Order/Opinion
482

1:00-cv-02229

Memorandum and Order

Dec. 9, 2003

Dec. 9, 2003

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5399416/nicholson-v-williams/

Last updated Aug. 24, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for Nicholas Scoppetta, City of New York, Jane Doe, Sylvia Parris, Jane Dorobella, John Tai FILING FEE $ 150.00 RECEIPT # 236086 (Chow, Alice) (Entered: 08/28/2000)

Aug. 25, 2000

Aug. 25, 2000

2

AMENDED COMPLAINT by Ekaete Udoh, amending [1−1] complaint; jury demand. (Lee, Tiffeny) (Entered: 09/14/2000)

Sept. 13, 2000

Sept. 13, 2000

DEMAND for jury trial by Ekaete Udoh. (Lee, Tiffeny) (Entered: 09/14/2000)

Sept. 13, 2000

Sept. 13, 2000

3

LETTER dated 9/25/00 from Lisa Brauner, ACC to Judge Weinstein requesting until 11/23/00 to answer or move on the complaint. (Lee, Tiffeny) (Entered: 10/10/2000)

Oct. 10, 2000

Oct. 10, 2000

Endorsed order granting [3−1] letter application. (Signed by Judge Jack B. Weinstein, on 10/3/00) c/m (Lee, Tiffeny) (Entered: 10/10/2000)

Oct. 10, 2000

Oct. 10, 2000

4

LETTER dated 10/11/00 from Carolyn A. Kubitschek to Judge Weinstein, requesting that all scheduling matters be referred to Mag. Pollak. (Piper, Francine) (Entered: 10/13/2000)

Oct. 13, 2000

Oct. 13, 2000

Endorsed order, all scheduling matters are referred to Mag. Pollak. ( Signed by Judge Jack B. Weinstein , on 10/11/00) (endorsed on letter, document #4) (copy sent to Mag. Pollak) (Piper, Francine) (Entered: 10/13/2000)

Oct. 13, 2000

Oct. 13, 2000

5

ORDER setting conference before the Magistrate on 11/21/00 at 12:00. (signed by Magistrate Cheryl L. Pollak , on 10/17/00) (Lee, Tiffeny) (Entered: 10/30/2000)

Oct. 25, 2000

Oct. 25, 2000

6

Calendar entry: Before Mag. Pollak on 11/21/00 at 12:00PM. Case called. Defendant is ordered to file the Answer by 12/1/00; to produce documents by 12/15/00. Next conference scheduled for 1/11/01 at 10:30AM. (Frullo, Veronica) (Entered: 12/04/2000)

Nov. 21, 2000

Nov. 21, 2000

7

LETTER dated 12/1/00 from Carolyn A. Kubitschek to Mag. Pollak, requesting an immediate conference. (Piper, Francine) (Entered: 12/06/2000)

Dec. 6, 2000

Dec. 6, 2000

Endorsed order, conference set for 12/6 at 10:00. ( Signed by Magistrate Cheryl L. Pollak ) (endorsed on letter, document #7) (Piper, Francine) (Entered: 12/06/2000)

Dec. 6, 2000

Dec. 6, 2000

8

ANSWER by Nicholas Scoppetta, City of New York to amended complaint. (Lee, Tiffeny) (Entered: 12/08/2000)

Dec. 7, 2000

Dec. 7, 2000

10

MOTION by Ekaete Udoh to compel Graham−Windham Services to Families and Children to comply with the issued subpoena ; Motion hearing not set . Motion file stamped: 12/14/00 and mailed/served: 12/14/00 (Lee, Tiffeny) (Entered: 12/28/2000)

Dec. 14, 2000

Dec. 14, 2000

11

MEMORANDUM by Ekaete Udoh in support of her [10−1] motion to compel Graham−Windham Services to Families and Children to comply with the issued subpoena. (Lee, Tiffeny) (Entered: 12/28/2000)

Dec. 14, 2000

Dec. 14, 2000

12

LETTER dated 12/21/00 from Carolyn Kubitschek to Mag. Pollak, pltff request an additional 30 days to serve dfts in 00 cv 2229 and 00 cv 5155. (also docketed in 00 cv 2229) (Piper, Francine) (Entered: 01/08/2001)

Jan. 8, 2001

Jan. 8, 2001

Endorsed order, pltff is granted an additional 30 days to serve dfts. ( Signed by Magistrate Cheryl L. Pollak , on 12/28/00) (endorsed on letter, document #12) (also docketed in 00 cv 2229) (Piper, Francine) (Entered: 01/08/2001)

Jan. 8, 2001

Jan. 8, 2001

13

Calendar entry: Status conference held before Magistrate Pollak on 1/11/01. Dfts to file answers by 1/29. (see Nicholson order) (Lee, Tiffeny) (Entered: 01/16/2001)

Jan. 11, 2001

Jan. 11, 2001

14

DECLARATION of James M. Abramson on behalf of "Graham−Windham" concerning pltff's [10−1] motion to compel Graham−Windham Services to Families and Children to comply with the issued subpoena. (Lee, Tiffeny) (Entered: 01/17/2001)

Jan. 16, 2001

Jan. 16, 2001

MOTION by Ekaete Udoh for class certification . Motion hearing [0−1] motion Also docketed in 00 CV 6885 (DOCUMENT FILED ONLY IN 00 cv 2229, DOCUMENT #16) (Piper, Francine) (Entered: 01/22/2001)

Jan. 19, 2001

Jan. 19, 2001

MEMORANDUM OF LAW by Ekaete Udoh in support of [0−1] motion for class certification. Also docketed in 00 cv 6885. (DOCUMENT FILED ONLY IN 00 CV 2229 DOCUMENT #17) (Piper, Francine) (Entered: 01/22/2001)

Jan. 19, 2001

Jan. 19, 2001

15

ANSWER by Nicholas Scoppetta, Sylvia Parris, Jane Dorobella, John Tai to amended complaint. (Lee, Tiffeny) (Entered: 01/31/2001)

Jan. 29, 2001

Jan. 29, 2001

16

LETTER dated 2/16/01 from Martha A. Calhoun to Judge Weinstein, requesting that dft's time to respond to pltff's motion for class certification be extended to 2/23/01 and pltff's time to reply be extended to 3/5/01. (Piper, Francine) (Entered: 03/01/2001)

March 1, 2001

March 1, 2001

Endorsed order, approved. Dft is granted until 2/23/01 to respond to pltff's motion for class certification and pltff's time to reply is extended to 3/5/01. ( Signed by Judge Jack B. Weinstein , on 2/20/01) (endorsed on letter, documen #16) (Piper, Francine) (Entered: 03/01/2001)

March 1, 2001

March 1, 2001

Declaration of Martha Calhoun Re: In support of memorandum in opposition to pltff's motion for class certification. (DOCUMENT FILED ONLY IN 0 CV 2229, DOC #21) (Piper, Francine) (Entered: 03/07/2001)

March 2, 2001

March 2, 2001

17

LETTER dated 2/22/01 from Martha A. Calhoun to Judge Weinstein, requesting that dft's time to respond to pltff's motion for class certification be extended from 2/23/01 to 2/28/01 and that pltff's time to reply be extended from 3/5/01 to 3/8/01. (Piper, Francine) (Entered: 03/06/2001)

March 6, 2001

March 6, 2001

Endorsed order, granted. dft's time to respond to pltff's motion for class certification is extended to 2/28/01 and pltff's time to reply is extended to 3/8/01. Oral argument is set for 3/15/01. ( Signed by Judge Jack B. Weinstein , on 2/26/01) (endorsed on letter, document #17) (Piper, Francine) (Entered: 03/06/2001)

March 6, 2001

March 6, 2001

18

MEMORANDUM AND ORDER, In the interest of efficient and fair management of the proposed class, the court would apprecite having all parties address the desirability of creating subclasses to children affected by the challenged practices, caregivers such children, absent parents who wish to continue interacting with such childredn, and any other subclasses the parties may consider appropriate. As an alternative to representation by subclass representatives, the parties should consider whether friend of the court appearances would suffice. If so, how should they be invited to appear? A response as soon as practicable is requested. (Signed by Judge Jack B. Weinstein 2/28/01) c/m (Piper, Francine) Modified on 03/06/2001 (Entered: 03/06/2001)

March 6, 2001

March 6, 2001

19

STIPULATION that plaintiff is permitted to serve and file the Second Amended Complaint. (signed by Magistrate Cheryl L. Pollak, on 3/7/01) (Lee, Tiffeny) (Entered: 03/08/2001)

March 8, 2001

March 8, 2001

20

SECOND AMENDED COMPLAINT by Ekaete Udoh, amending [2−1] amended complaint. (Lee, Tiffeny) (Entered: 03/08/2001)

March 8, 2001

March 8, 2001

21

REPLY DECLARATION of Carolyn A. Kubitschek Re: In support of [0−1] motion for class certification (Piper, Francine) (Entered: 03/09/2001)

March 8, 2001

March 8, 2001

22

Exhibits 14−20 (Piper, Francine) (Entered: 03/09/2001)

March 8, 2001

March 8, 2001

REPLY MEMORANDUM OF LAW by Ekaete Udoh in support of [0−1] motion for class certification. (DOCUMENT FILED ONLY IN 00 CV 2229, DOCUMENT #26) (Piper, Francine) (Entered: 03/13/2001)

March 8, 2001

March 8, 2001

PLAINTIFF'S REPLY MEMORANDUM OF LAW on the [0−1] motion for class certification. [SEE: civil case no. 00−cv−2229, document # 271, for further details] (Barrett, Charryse) (Entered: 05/06/2002)

March 8, 2001

March 8, 2001

23

Calendar entry: Before Judge Weinstein on 3/15/01 for a Conference on the Motion for Class Certification. Parties to submit draft of letter with suggestions, re: friends of the court. (Piper, Francine) (Entered: 03/21/2001)

March 15, 2001

March 15, 2001

24

Order, The court has requested the parties to consider possible "friend of the court" representatives of (1) children of alleged victims and (2) alleged perpetrators. Pltffs counsel already represent the alleged victims, and counsel for the City of NY already represents NY City's Administration for Children's Services. The matter is set down tentatively for 4/4/01 at 4:30 for further argument on the class certification issue. The magistrate judge is requested to supervise discovery relevant to certification, which should be expedited to the extent practicable. ( signed by Judge Jack B. Weinstein , on 3/15/01) c/m (copy sent to Mag. Pollak) (Piper, Francine) (Entered: 03/22/2001)

March 22, 2001

March 22, 2001

25

ORDER, Before making a ruling on class certification, the court wishes to hear from counsel who regularly represent the interest of children affected by the practices challenged in the case. The court invites the Legal Aid Society, Juvenile Rights Division, to act as a friend of the court or to take any other role that is deemed appropriate. The case is scheduled to be heard on 4/4/01 at 4:30. Please advise the court on or before 4/2/01 whether you will be able to attend. ( signed by Judge Jack B. Weinstein , on 3/20/01) (Piper, Francine) (Entered: 03/22/2001)

March 22, 2001

March 22, 2001

26

LETTER dated 3/19/01 from Carolyn Kubitschek to Judge Weinstein, enclosing the draft notice of class certification. (Piper, Francine) (Entered: 03/29/2001)

March 29, 2001

March 29, 2001

27

Final Draft of Notice of Class Certification (Piper, Francine) (Entered: 03/29/2001)

March 29, 2001

March 29, 2001

28

Calendar entry: Before Judge Weinstein on 4/4/01 for a Hearing on the Motion for Class Certification. Bench Trial 7/9/01. Additional discovery to be conducted regarding certification issued. (Piper, Francine) (Entered: 04/12/2001)

April 4, 2001

April 4, 2001

30

Calendar entry: Conference held before Magistrate Pollak on 4/10/01. See 00−CV−2229. (Lee, Tiffeny) (Entered: 04/25/2001)

April 10, 2001

April 10, 2001

29

Calendar entry: Status conference held before Magistrate Pollak on 4/13/01. Order re: subpoena to issue. (Lee, Tiffeny) (Entered: 04/23/2001)

April 13, 2001

April 13, 2001

31

ORDER as to [10−1] motion to compel Graham−Windham Services to Families and Children to comply with the issued In the interests of protecting the privacy of the infant children, the Court orders that 1) the records shall be immediately provided to plaintiffs' counsel pursuant to the subpoena duces tecum; and 2) subject to a further order of the court, any party wishing to redisclose the records in public filings or to anyone not involved w/this lititgation shall first redact the name and any other identifying information of any child referenced in the records. As to pltffs' application for atty's fees in connection w/the enforcement of the subpoena duces tecum, the Court directs pltffs' counsel to provide an affidavit on or before 4/30/01 detailing costs and the amt of fees, etc. sought. Graham−Windham agency is directed to submit its arguments, if any, as to why sanctions should not be imposed, on or before 5/7/01. (signed by Magistrate Cheryl L. Pollak, on 4/18/01) (Lee, Tiffeny) Modified on 04/26/2001 (Entered: 04/26/2001)

April 24, 2001

April 24, 2001

32

AFFIDAVIT by Carolyn Kubitschek, Esq. on behalf of Ekaete Udoh in support of pltffs' application for an order directing respondents Graham−Windham to pay costs and reasonable attys' fees. (Lee, Tiffeny) (Entered: 05/08/2001)

May 4, 2001

May 4, 2001

33

Declaration of James M. Abramson Concerning Sanctions. (Lee, Tiffeny) (Entered: 05/08/2001)

May 7, 2001

May 7, 2001

34

Calendar entry: Before Mag. Pollak on 5/7/01 for a Telephone Conference. ACS and police depositions to be completed by 5/31; City to produce relevant documents prior to depositions. Expert discovery to be completed prior to next conference on 6/12 at 4:30. (Piper, Francine) (Entered: 05/10/2001)

May 7, 2001

May 7, 2001

35

LETTER dated 5/9/01 from James Abramson, Esq. to MJ Pollak requesting that the court disregard the 5/4/01 affidavit or reduce the amt of the award. (Lee, Tiffeny) (Entered: 05/16/2001)

May 9, 2001

May 9, 2001

36

Calendar entry: Before Mag. Pollak on 5/17/01 for a Telephone Conference. Discovery dispute resolved. Dft to confirm policy/training documents produced. Reeds case records to be produced. State study case records to be produced on a rolling basis − Key 71 cases to be producedby 5/25. Parties to enter into confidentiality order. Dft to provide list of training courses attended by managers. Depositions of dfts to be extended to 6/8. Pltff's deposition to be scheduled. Next conference 6/12/01 at 4:30. (Piper, Francine) (Entered: 05/22/2001)

May 17, 2001

May 17, 2001

37

LETTER dated 5/18/01 from Monica Driane and Karen Freedman (on behalf of the Legal Aid Society) to Judge Weinstein, seeking clarification as to what role this office can play throughout the settlement process. (Piper, Francine) (Entered: 05/31/2001)

May 31, 2001

May 31, 2001

Endorsed order, the parties are encouraged to consider settlement. ( Signed by Judge Jack B. Weinstein , on 5/21/01) faxed (endorsed on letter, document #37) (Piper, Francine) (Entered: 05/31/2001)

May 31, 2001

May 31, 2001

ORDER, The Settlement Conference previously scheduled for 6/12/01 at 4:30 has been rescheduled to 5/30/01 at 2:00. ( signed by Magistrate Cheryl L. Pollak , on 5/29/01) (also docketed in 00 cv 2229 and 00 cv 6885) (Document filed only in 00 cv 2229, document #39) (Piper, Francine) (Entered: 06/01/2001)

June 1, 2001

June 1, 2001

OBJECTIONS by Nicholas Scoppetta, City of New York, Jane Doe, Sylvia Parris, Jane Dorobella, John Tai in opposition to the order of Mag. Pollak dated 5/17/01. (DOCUMENT FILED ONLY IN 00 CV 2229, DOCUMENT #43) (Piper, Francine) Modified on 06/06/2001 (Entered: 06/06/2001)

June 1, 2001

June 1, 2001

LETTER dated 5/29/01 from Martha A. Calhoun to Carolyn Kubitschek, advising that dfts will file objections to Mag. Pollak's Order dated 5/17/01. (document filed only in 00 cv 2229, document #40) (Piper, Francine) (Entered: 06/04/2001)

June 4, 2001

June 4, 2001

LETTER dated 5/31/01 from Martha A. Calhoun to Judge Weinstein, requesting tht dfts be permitted to file objections the order of Mag. Pollak dated 5/17/01 on 6/1/01. (document filed only in 00 cv 2229, document #41) (Piper, Francine) Modified on 06/04/2001 (Entered: 06/04/2001)

June 4, 2001

June 4, 2001

Endorsed order, objections may be filed on 6/1. The appeal will be heard on 6/5 at 2:00. ( Signed by Judge Jack B. Weinstein , ) (endorsed on letter, document #41) (DOCUMENT FILED ONLY IN 00 CV 2229) (Piper, Francine) (Entered: 06/04/2001)

June 4, 2001

June 4, 2001

Declaration of Carolyn A. Kubitschek Re: In opposition to dft's obections to the orders of Mag. Pollak dated 5/17/01 and 5/31/01. (DOCUMENT FILED ONLY IN 00 CV 2229, DOCUMENT #45) (Piper, Francine) (Entered: 06/07/2001)

June 4, 2001

June 4, 2001

Transcript of Motion filed before Judge Weinstein filed for dates of 6/5/01. Carolyn A. Kubitschek, Joanne N. Sirotkin, Jill M. Zuccardy for Pltffs; Martha A. Calhoun, Carolyn Wolpert for Dfts; Karen W. Bryce, Leslie A. Abey (Amicus Curiae); Court Reporter, Sheldon Silverman. (DOCUMENT FILED ONLY IN 00 CV 2229, DOCUMENT #47) (Piper, Francine) Modified on 06/11/2001 (Entered: 06/11/2001)

June 11, 2001

June 11, 2001

38

ORDER denying dfts' request that the 6/12/01, 9:00 conference be canceled. Signed by Magistrate Cheryl L. Pollak, on 6/11/01. See letter dated 6/11/01 from ACC Calhoun to MJ Pollak. (Lee, Tiffeny) (Entered: 06/15/2001)

June 14, 2001

June 14, 2001

ORDER, On the question of certification of the proposed class, subclassing will be considered at the time of the hearing on 7/9/01. ( signed by Judge Jack B. Weinstein , on 6/13/01) c/m (also docketed in 00 cv 6855) (Document filed only in 00 cv 2229, document #48) (Piper, Francine) (Entered: 06/15/2001)

June 15, 2001

June 15, 2001

ORDER, Since serious charges are made of present and continuing deprivation of constitutional rights to custody of children, the parties shall be prepared for an immediate trial whether or not the court cerifies the class. The case should be completed by the end of July 2001. Ifsubclasses are to be denominated, the parties shall promptly (within ten days of this order) nominate lawyers willing, able and ready to represent the respective subclasses. The parties shall provide the court with curriculum vitae of such lawyers. ( signed by Judge Jack B. Weinstein , on 6/14/01) (document filed only in 00 cv 2229, document #49) (also docketed in 00 cv 6885) (Piper, Francine) (Entered: 06/18/2001)

June 18, 2001

June 18, 2001

LETTER dated 6/4/01 from Martha A. Calhoun to Judge Weinstein, correcting a typographical error in paragraph 13 of dft's objections which should read "dfts filed objections to Mag. Pollak's order on 6/1/01." (document filed only in 00 cv 2229, document #50) (also docketed in 00 cv 6885) (Piper, Francine) (Entered: 06/20/2001)

June 20, 2001

June 20, 2001

40

Calendar entry: Telephone conference held before MJ Pollak on 6/22/01. Pltff to produce 3 expert reports−6/22; remainder by 6/26−depositions to proceed. Dfts to identify experts by 6/25; Dfts to produce expert reports by 6/29; Docs to be produced by 6/26; Pltff to submit prelim inj motion papers by 6/28; response 7/5. c/m (Lee, Tiffeny) (Entered: 06/27/2001)

June 22, 2001

June 22, 2001

ORDER, the parties and any amici shall be prepared to argue and present evidence, at the time the certification question is being presented, on the question of whether a preliminary injunction should issue, and if so, on its contents. The parties shall inform the NYC Police Dept andthe NYS Office of Court Administration since law enforcement and state courts and may be involved in carrying out a preliminary injunction. ( signed by Judge Jack B. Weinstein , on 6/20/01) (also docketed in 00 cv 6885)(document filed only in 00 cv 2229, document #53) (Piper, Francine) (Entered: 06/25/2001)

June 25, 2001

June 25, 2001

39

LETTER dated 6/15/01 from ACC Calhoun to MJ Pollak apprising the Court of dfts' response to the designation ot trial experts, and dfts' willingness to consideer a settlement involving the Casey Panel. (Lee, Tiffeny) (Entered: 06/26/2001)

June 26, 2001

June 26, 2001

MOTION by Ekaete Udoh for preliminary injunction , Motion hearing [0−1] motion (also docketed in 00 cv 6885) (document filed only in 00 cv 2229, document #60) (Piper, Francine) (Entered: 07/03/2001)

June 27, 2001

June 27, 2001

MEMORANDUM OF LAW by Ekaete Udoh in support of [0−1] motion for preliminary injunction. (also docketed in 00 cv 6885) (document filed only in 00 cv 2229, document #61) (Piper, Francine) (Entered: 07/03/2001)

June 27, 2001

June 27, 2001

LETTER dated 6/12/01 from David J. Lanser to Mag. Pollak, pltff's request that Ms. Delamothe be directed to answer pltffs questions. (also docketed in 00 cv 6885) (document filed only in 00 cv 2229, document #55) (Piper, Francine) (Entered: 06/28/2001)

June 28, 2001

June 28, 2001

LETTER, dated 6/26/01 from David J. Lansner to Jonathon Pines, advising counsel of pltff's witness list. (also docketed in 00 cv 6885) (document filed only in 00 cv 2229, document #57) (Piper, Francine) (Entered: 06/28/2001)

June 28, 2001

June 28, 2001

LETTER dated 6/20/01 from David J. Lansner to Mag. Pollak, enclosing a copy of the transcript of the deposition of Dorabella Delmothe. (also docketed in 00 cv 6885) (document filed only in 00 cv 2229, document #58) (Piper, Francine) (Entered: 06/28/2001)

June 28, 2001

June 28, 2001

LETTER dated 6/26/01 from David J. Lansner to Judge Weinstein, submitting materials for background information on the Family Court and ACA. (attachments) (also docketed in 00 cv 6885) (document filed only in 00 cv 2229 document #59) (Piper, Francine) (Entered: 06/28/2001)

June 28, 2001

June 28, 2001

43

Calendar entry: Before Judge Weinstein − Status conf. held. Case called. Counsel for all parties present. Next conf. set for 7/2/01. Case marked ready for trial on 7/9/01. (DiLorenzo, Krista) (Entered: 07/09/2001)

June 28, 2001

June 28, 2001

41

LETTER dated 6/14/01 from ACC Pines to MJ Pollak submitting that pltffs do no and connot demonstrate that Mr. de la Mothe's testimony constituted a "knowing and voluntary waiver". (Lee, Tiffeny) (Entered: 07/03/2001)

June 30, 2001

June 30, 2001

42

LETTER dated 6/25/01 from ACC Pines to MJ Pollak in protesting the pltff's submissio to the court of 6/22/01 letter by Martha Calhoun. (Lee, Tiffeny) (Entered: 07/03/2001)

June 30, 2001

June 30, 2001

Calendar entry: Before Judge Weinstein on 7/2/01 for a Hearing on the Motion for Appeal of Mag. Decision. Mag decision is affirmed. Motion denied. (also docketed in 00 cv 6885) (document filed only in 00 cv 2229, document #65) (Piper, Francine) (Entered: 07/06/2001)

July 2, 2001

July 2, 2001

ORDER, the court will try the motion for a preliminary injunction before and separately from the claims for a permanent injunction and other relief. ( signed by Judge Jack B. Weinstein , on 6/29/01) c/m (also docketed in 00 cv 6885) (document filed only in 00 cv 2229, document #62) (Piper, Francine) (Entered: 07/03/2001)

July 3, 2001

July 3, 2001

LETTER dated 7/1/01 from Carolyn A. Kubitschek to Judge Weinstein, in opposition to dft's objections to the order of Mag. Pollak dated 6/27/01. (also docketed in 00 cv 6885) (document filed only in 00 cv 2229, document #64) (Piper, Francine) (Entered: 07/06/2001)

July 6, 2001

July 6, 2001

44

Calendar entry: Before Judge Weinstein − Trial hearing held. Case called. All parties present. Trial ordered and begun. Pltf. opens; dft. opens. Trial continues to 7/10/01 at 10:00. (DiLorenzo, Krista) (Entered: 07/10/2001)

July 9, 2001

July 9, 2001

Calendar entry: Before Judge Weinstein on 7/10/01 for Trial. All parties present. Trial resumed. (also docketed in 00 cv 6885) (document filed only in 00 cv 2229 document #79) (Piper, Francine) (Entered: 07/13/2001)

July 10, 2001

July 10, 2001

45

SEALED request dated 6/6/01 placed in vault. (Lee, Tiffeny) (Entered: 07/11/2001)

July 11, 2001

July 11, 2001

LETTER dated 7/10/01 from Kay G. McNally to David J. Lansner, Esq., requesting copies of pertinent documents. (also docketed in 00 cv 6885) (document filed only in 00 cv 2229, document #73) (Piper, Francine) (Entered: 07/11/2001)

July 11, 2001

July 11, 2001

SUPPLEMENTAL MEMORANDUM OF LAW by Ekaete Udoh in support of [0−1] motion for preliminary injunction. (also docketed in 00 cv 6885) (document filed only in 00 cv 2229, document #74) (Piper, Francine) (Entered: 07/13/2001)

July 13, 2001

July 13, 2001

ORDER, Beginning on 7/9/01, the court will hear any additional information with respect to class certification from defense counsel and pltff's counsel for putative subclass A and will then proceed with the motion for a preliminary injunction. Counsel for subclass B have untilnext 7/16/01 to begin to submit evidence, make appropriate motions, and put on witnesses and recall witnesses on the the question of class certification. Counsel for subclass B have until 8/6/01 to begin to present evidence, make appropriate motions, and put on witneses and recallwitnesses on the motion for a preliminary injunction. ( signed by Judge Jack B. Weinstein , on 7/10/01) c/m (also docketed in 00 cv 6885) (document filed only in 00 cv 2229, document #76) (Piper, Francine) (Entered: 07/13/2001)

July 13, 2001

July 13, 2001

LETTER dated 7/6/01 from David Lansner to Judge Weinstein, pltffs advise that any resolution of this case must be enforceable. (also docketed in 00 cv 6885) (document filed only in 00 cv 2229, document #77) (Piper, Francine) Modified on 07/13/2001 (Entered: 07/13/2001)

July 13, 2001

July 13, 2001

51

Calendar entry: Before Judge Weisntein − Trial hearing held. Case called. All parties present. Trial resumed. Trial continued to 7/17/01 at 10:00. (DiLorenzo, Krista) (Entered: 07/19/2001)

July 16, 2001

July 16, 2001

47

ORDER denying that Legal Aid Society be relieved from representing the putative subclass of children and be appointed as amicus curiae. (Signed by Judge Jack B. Weinstein on 7/16/01). (DiLorenzo, Krista) (Entered: 07/17/2001)

July 17, 2001

July 17, 2001

48

LETTER dated 7/6/01 from David J. Lansner to Judge Weinstein, responding to the letter dated 7/2/01. (DiLorenzo, Krista) (Entered: 07/17/2001)

July 17, 2001

July 17, 2001

50

ORDER TO SHOW CAUSE: denying Legal Aid Society of NY's request to be relieved from representing the putative subclass of children. (Signed by Judge Jack B. Weinstein on 7/16/01). C/M by Chambers. (DiLorenzo, Krista) (Entered: 07/19/2001)

July 17, 2001

July 17, 2001

Calendar entry:Before Judge Weinstein on 7/17/01 at 10:00a.m. Case called for civil trial. All parties present. Trial resumed. Trial continued to 7/18/01 at 10:00a.m. Court Reporter/ESR R. Tolkin (original docketed under 00−cv−2229 document # 96) (Dobkin, David) (Entered: 07/19/2001)

July 17, 2001

July 17, 2001

49

LETTER dated 6/26/01 from David J. Lansner to Jonathon Pines, attaching pltf's witness list. (DiLorenzo, Krista) (Entered: 07/18/2001)

July 18, 2001

July 18, 2001

52

Calendar entry: Before Judge Weinstein − Trail hearing held. Case called. All parties present. Trial resumed. Trial continued to 7/18/01 at 9:30. (DiLorenzo, Krista) (Entered: 07/19/2001)

July 18, 2001

July 18, 2001

55

Calendar entry: Before Judge Weinstein − Trial hearing held. Trial continued to 10:00 on 7/23/01. (DiLorenzo, Krista) (Entered: 07/24/2001)

July 19, 2001

July 19, 2001

56

Calendar entry: Before Judge Weinstein − Trial hearing held. Trial continued to 10:00 on 7/24/01. (DiLorenzo, Krista) (Entered: 07/24/2001)

July 19, 2001

July 19, 2001

53

TRANSCRIPT filed for for dates of (DiLorenzo, Krista) (Entered: 07/20/2001)

July 20, 2001

July 20, 2001

54

TRANSCRIPT filed for motion before Judge Weinstein on 7/2/01. Pltf's counsel: David Lansner, Carolyn A. Kubitschek. Defense counsel: Jonanthan Pines. Transcriber: Gene Rudolph. (DiLorenzo, Krista) (Entered: 07/20/2001)

July 20, 2001

July 20, 2001

59

Calendar entry: Before Judge Weinstein − Trial hearing held. Case called. All parties present. Trial resumed. Trial continued to 7/25/01 at 10:00. (DiLorenzo, Krista) (Entered: 07/27/2001)

July 24, 2001

July 24, 2001

58

SEALED DOCUMENT placed in vault. (DiLorenzo, Krista) (Entered: 07/26/2001)

July 26, 2001

July 26, 2001

62

(COPY) Calendar entry: Before USDJ Weinstein on 7.26.01 at 10:00 a.m. case called for civil cause on trial. All parties present. Trial resumed. Trial continued to 7.27.01 at 10:00 a.m. C/R: B. Sulzer. (Barrett, Charryse) (Entered: 08/01/2001)

July 26, 2001

July 26, 2001

61

(COPY) Calendar entry: Before USDJ Weinstein on 7.31.01 at 10:00 a.m. case called for civil cause on trial. All parties present. Trial resumed. Trial continued to 8.01.01 at 10:00 a.m. C/R: Henry Shapiro. (Barrett, Charryse) (Entered: 08/01/2001)

July 31, 2001

July 31, 2001

60

(COPY) LETTER dated 7.30.01 from Carolyn A. Kubitschek to Judge Weinstein in opposition to the City of New York's request for an adjournment of the trial. (Barrett, Charryse) (Entered: 08/01/2001)

Aug. 1, 2001

Aug. 1, 2001

ORDER stating that all briefs are due 9/4/01; all responses due 9/6/01; any argument on motion for class certification, preliminary injunction as well as motion to dismiss or any other unresloved motion will be heard on 9/7/01 at 10:00a.m. ( signed by Judge Jack B. Weinstein , on 7/31/01) (original docketed under 00−cv−2229 document # 105). (Dobkin, David) (Entered: 08/01/2001)

Aug. 1, 2001

Aug. 1, 2001

63

(COPY) Calendar entry: Before USDJ Weinstein on 8.1.01 at 10:00 a.m. case called for civil cause on trial. All parties present. Trial resumed. Trial continued. C/R: H. Shapiro. (Barrett, Charryse) (Entered: 08/02/2001)

Aug. 1, 2001

Aug. 1, 2001

Case Details

State / Territory: New York

Case Type(s):

Child Welfare

Key Dates

Filing Date: April 17, 2000

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Subclass A is all persons subject to domestic violence or its threat who are custodians of children if the children were not themselves physically harmed and if the children are sought to be removed by New York Administration for Children's Services (ACS). Subclass B is all children in the custody of a custodian in Subclass A who have been removed or are likely to be removed by ACS and has not been returned to the custodian.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York, State

New York City, City

New York City Administration of Children's Services, City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.

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

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 1,659,000

Order Duration: 2001 - 2004

Content of Injunction:

Preliminary relief granted

Other requirements regarding hiring, promotion, retention

Monitoring

Implement complaint/dispute resolution process

Hire

Discrimination Prohibition

Remedial education

Issues

General:

Access to lawyers or judicial system

Access to public accommodations - governmental

Adoption

Classification / placement

Education

Emergency shelter

Failure to supervise

Failure to train

Family abuse and neglect

Family reunification

Funding

Grievance procedures

Incident/accident reporting & investigations

Juveniles

Parents (visitation, involvement)

Pattern or Practice

Placement in shelters

Quality of representation

Relative caretakers

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Youth / Adult separation

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Benefit Source:

Adoption Assistance and Child Welfare Act