Case: Henrietta D. v. Giuliani

1:95-cv-00641 | U.S. District Court for the Eastern District of New York

Filed Date: Feb. 14, 1995

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.)

Individuals who were HIV positive won this case that complained that city and state officials violated the Americans with Disabilities Act (ADA) by failing to provide meaningful access to public assistance programs, benefits, and services.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10935836/parties/henrietta-d-v-rudolph-giuliani/


Judge(s)

Katzmann, Robert A. (New York)

Meskill, Thomas Joseph (Connecticut)

Sack, Robert David (New York)

Judge(s)

Katzmann, Robert A. (New York)

Meskill, Thomas Joseph (Connecticut)

Sack, Robert David (New York)

show all people

Documents in the Clearinghouse

Document

1:95-cv-00641

Memorandum and Order

Oct. 25, 1996

Oct. 25, 1996

Order/Opinion

1996 WL 1996

1:95-cv-00641

Memorandum and Order

Jan. 24, 2000

Jan. 24, 2000

Order/Opinion

81 F.Supp.2d 81

1:95-cv-00641

Memorandum and Order

Sept. 18, 2000

Sept. 18, 2000

Order/Opinion

119 F.Supp.2d 119

00-09238

USCA Opinion

U.S. Court of Appeals for the Second Circuit

April 9, 2001

April 9, 2001

Order/Opinion

246 F.3d 246

1:95-cv-00641

Memorandum and Order

Dec. 11, 2001

Dec. 11, 2001

Order/Opinion

2001 WL 2001

0:02-07022

0:02-07074

Opinion

Henrietta D. v. Bloomberg

U.S. Court of Appeals for the Second Circuit

June 9, 2003

June 9, 2003

Order/Opinion

331 F.3d 331

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10935836/henrietta-d-v-rudolph-giuliani/

Last updated March 29, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT filed and summons(es) issued for Rudolph Giuliani, Marva Hammons and Mary E. Glass. FILING FEE $ 120.00; RECEIPT # 169894. (Vaughn, Terry) (Entered: 02/24/1995)

Feb. 14, 1995

Feb. 14, 1995

PACER
2

MOTION by pltfs. Henrietta D., Nidia S., Simone A., Ezzard S., John R. and Pedro R. for preliminary injunction . Motion hearing set for 9:30 3/1/95 [2-1] motion . (Vaughn, Terry) (Entered: 02/24/1995)

Feb. 14, 1995

Feb. 14, 1995

PACER
3

MEMORANDUM by pltfs. Henrietta D., Nidia S., Simone A., Ezzard S., John R. and Pedro R. in support of [2-1] motion for preliminary injunction and class certification. (Vaughn, Terry) (Entered: 02/24/1995)

Feb. 14, 1995

Feb. 14, 1995

PACER
4

AFFIDAVIT by Lauren Shapiro, counsel to Brooklyn Legal Services Corp. B., on behalf of pltfs. Henrietta D., Nidia S., Simone A., Ezzard S., John R. and Pedro R. in support of [2-1] motion for preliminary injunction and class certification. (Vaughn, Terry) (Entered: 02/24/1995)

Feb. 14, 1995

Feb. 14, 1995

PACER
5

MEMORANDUM by pltfs. Henrietta D., Nidia S., Simone A., Ezzard S., John R. and Pedro R. in support of Ex Parte order permitting pltfs. to proceed anonymously. (Vaughn, Terry) (Entered: 02/24/1995)

Feb. 14, 1995

Feb. 14, 1995

PACER
6

AFFIDAVIT by Susan Kohlmann counsel for pltfs. Henrietta D., Nidia S., Simone A., Ezzard S., John R. and Pedro R. in [5-1] support of pltfs.' application to proceed anonymously. (Vaughn, Terry) (Entered: 02/24/1995)

Feb. 14, 1995

Feb. 14, 1995

PACER
7

RETURN OF SERVICE executed as to Rudolph Giuliani, Marva Hammons, and Mary E. Glass on 2/15/95. Answer due on 3/7/95 for Mary E. Glass, for Marva Hammons, and for Rudolph Giuliani. (Conte, Daniela) (Entered: 02/24/1995)

Feb. 21, 1995

Feb. 21, 1995

PACER
8

Calendar entry: before Judge Sifton on 2/21/95 at 4:30. Counsel for all parties present. Defendants are to serve and file a letter stating their position with respect to whether this case is related to CV-94-2842, by 2/22/95 at 5PM. The plaintiffs' motion for a preliminary injunction will be heard on 3/8/95 at 2PM. Defendants' papers in response are to be served and filed by 3/1/95. Any replies are to be served and filed by 3/7/95. (Conte, Daniela) (Entered: 02/24/1995)

Feb. 21, 1995

Feb. 21, 1995

PACER

CASE reassigned to Judge Sterling Johnson Jr. from Judge Sifton by random selection. (Guzzi, Roseann)

Feb. 28, 1995

Feb. 28, 1995

PACER
9

ORDER, dated 2/27/95, signed by Judge Charles P. Sifton. The action is to be reassigned by random selection. c/m (Conte, Daniela) (Entered: 03/01/1995)

March 1, 1995

March 1, 1995

PACER
10

LETTER dated 2/21/95 from Susan Kohlmann to Judge Sifton, Re: in support of plaintiff's claim that this action is related to CV-92-2842. (Conte, Daniela) (Entered: 03/02/1995)

March 1, 1995

March 1, 1995

PACER
11

LETTER dated 2/22/95 from Georgia Pestana to Judge Sifton, RE: in opposition to plaintiff's contention that this action is related to 94-CV-2842. (Conte, Daniela) (Entered: 03/02/1995)

March 1, 1995

March 1, 1995

PACER
12

LETTER dated 2/23/95 from Lauren Shapiro to Judge Sifton, RE: in support of relating this case to 94-CV-2842. (Conte, Daniela) (Entered: 03/02/1995)

March 1, 1995

March 1, 1995

PACER
13

AMENDED CLASS ACTION COMPLAINT by Henrietta D., Nidia S., Simone A., Ezzard S., and John R., Pedro R. (Answer due 3/16/95 ). Amending [1-1] complaint. (Yuen, Sui May) (Entered: 03/07/1995)

March 6, 1995

March 6, 1995

PACER
14

ORDER TO SHOW CAUSE: signed by Judge Charles P. Sifton, dated 2/24/95. Defendants are to show cause at 2/21/95 at 4:30 why an order should not be entered to hear plaintiff's preliminary injunction motion on an expedited basis; and plaintiff is to show cause why this action should be designated as a related case. (Conte, Daniela) (Entered: 03/08/1995)

March 8, 1995

March 8, 1995

PACER
15

EX PARTE ORDER signed by Judge Charles P. Sifton, dated 2/14/95, Re: permitting plaintiffs to proceed anonymously. (Conte, Daniela) (Entered: 03/08/1995)

March 8, 1995

March 8, 1995

PACER
24

CROSS MOTION by Douglas Israel, counsel for Rudolph Giuliani, Marva Hammons, Mary E. Glass to dismiss the complaint. Motion hearing set for 4/3/95. (Yuen, Sui May) (Entered: 04/04/1995)

March 14, 1995

March 14, 1995

PACER
25

MEMORANDUM by Douglas Israel, counsel for Rudolph Giuliani, Marva Hammons, Mary E. Glass in support of [24-1] cross motion to dismiss the complaint,and in OPPOSITION to plaintiffs' [2-1] motion for preliminary injunction and for class certification. (Yuen, Sui May) (Entered: 04/04/1995)

March 14, 1995

March 14, 1995

PACER
16

Calendar entry: before Mag. Caden on 3/22/95. Telephone conference was held. Mag. Caden acknowledged receipt of plaintiff's letter dtd 3/17/95 and dfts' response dtd 3/20/95. Three issues were raised : (1) plaintiff's request for a TRO enjoining acceptance of severance packages of certain city employees (DAS employees, Income Support/Aids of HRA). (2) plaintiffs' motion to amend the complaint (2nd). (3) plaintiff's request for expedited discovery on the preliminary injunction motion. As to the first issue (the TRO) the magistrate has no authority to hear argument or consider the request. No referral of the application has been made by Judge Johnson : parties were told to contact Judge Johnson's chambers on the same. As to the other issues (amending the complaint and expedited discovery) oral argument shall be heard on 3/23/95 at 3:30 - a court reporter shall be present. (Yuen, Sui May) (Entered: 03/24/1995)

March 22, 1995

March 22, 1995

PACER
19

Calendar entry: before Mag. Caden on 3/23/95. Adjourned to 5/28/95 at 5:00. (Yuen, Sui May) (Entered: 03/24/1995)

March 23, 1995

March 23, 1995

PACER
17

LETTER dated 3/7/95 from Georgia Pestana to Judge Johnson requesting that City Dfts be permitted to file a memorandum of law in excess of 30 pages. (Yuen, Sui May) (Entered: 03/24/1995)

March 24, 1995

March 24, 1995

PACER
18

LETTER dated 3/20/95 from Georgia Pestana to Mag. Caden in response to plaintiffs' counsels' 3/17/95 letter. (Yuen, Sui May) (Entered: 03/24/1995)

March 24, 1995

March 24, 1995

PACER
20

SECOND AMENDED CLASS ACTION COMPLAINT. (Answer due 4/10/95 for Mary E. Glass, for Marva Hammons, for Rudolph Giuliani ). (Yuen, Sui May) (Entered: 03/31/1995)

March 31, 1995

March 31, 1995

PACER
21

REPLY MEMORANDUM OF LAW by Henrietta D., Nidia S., Simone A., Ezzard S., John R., Pedro R. in further support of their [2-1] motion for preliminary injunction. (Yuen, Sui May) (Entered: 03/31/1995)

March 31, 1995

March 31, 1995

PACER
22

Nidia S's REPLY AFFIDAVIT in support of plaintiff's [2-1] motion for preliminary injunction. (Exhibits annexed). (Yuen, Sui May) (Entered: 03/31/1995)

March 31, 1995

March 31, 1995

PACER
26

Calendar entry: before Mag. Caden on 3/31/95. The magistrate judge directed the parties to proceed with expedited discovery on the issue of "irreperable harm." If the parties are not able to agree, among themselves, as to a schedule and as to the parametics of "irreparable harm" discovery, same will be discussed on 4/6/95 at 4:30. Parties can submit a schedule for the magistrate judge to "so ordered." (Yuen, Sui May) (Entered: 04/04/1995)

March 31, 1995

March 31, 1995

PACER
27

Calendar entry: before Judge Johnson on 3/31/95. Case called. All counsel present. Conference held. Plaintiff's application for TRO is denied. (Yuen, Sui May) (Entered: 04/04/1995)

March 31, 1995

March 31, 1995

PACER
23

LETTER dated 3/27/95 from Susan Kohlmann to Georgia Pestana and Ronald Youkins confirming that plaintiffs' brief will be served on 3/30; dfts' brief, 4/20; and plaintiff's reply, 4/27/95. (Yuen, Sui May) (Entered: 04/04/1995)

April 4, 1995

April 4, 1995

PACER
28

CROSS MOTION by Mary E. Glass to dismiss the second amended complaint. Motion hearing set for 9:00 5/8/95 [28-1] cross motion . (Yuen, Sui May) (Entered: 05/02/1995)

April 24, 1995

April 24, 1995

PACER
29

MEMORANDUM by Mary E. Glass in support of [28-1] cross motion to dismiss the second amended complaint. (Yuen, Sui May) (Entered: 05/02/1995)

April 24, 1995

April 24, 1995

PACER
30

MOTION by Rudolph Giuliani, and Marva Hammons to dismiss the complaint for failure to state a claim. Motion hearing set for 4/3/95 at 9:30. (Yuen, Sui May) (Entered: 05/16/1995)

May 3, 1995

May 3, 1995

PACER
31

MEMORANDUM by Rudolph Giuliani, Marva Hammons in support of their [30-1] motion to dismiss the complaint for failure to state a claim, and in OPPOSITION to plaintiffs' motion for a preliminary injunction. (Yuen, Sui May) (Entered: 05/16/1995)

May 3, 1995

May 3, 1995

PACER
32

Ronald Cavalier's DECLARATION in support of Rudolph Giuliani, and Marva Hammons's [30-1] motion to dismiss the complaint for failure to state a claim. (Exhibits annexed). (Yuen, Sui May) (Entered: 05/16/1995)

May 3, 1995

May 3, 1995

PACER
33

REPLY MEMORANDUM OF LAW by Henrietta D., Nidia S., Simone A., Ezzard S., John R., Pedro R. in further support of their [2-1] motion for preliminary injunction, and in OPPOSITION to dfts' motions to dismiss the second amended complaint. (Yuen, Sui May) (Entered: 05/16/1995)

May 3, 1995

May 3, 1995

PACER
34

MOTION by Rudolph Giuliani, Marva Hammons to dismiss for lack of jurisdiction. Motion hearing set for 5/8/95 at 9:30. (Yuen, Sui May) (Entered: 05/16/1995)

May 3, 1995

May 3, 1995

PACER
35

MEMORANDUM by Rudolph Giuliani, Marva Hammons in support of their [34-1] motion to dismiss for lack of jurisdiction, and in opposition to plaintiffs' motion for a preliminary injunction and class certification. (Yuen, Sui May) (Entered: 05/16/1995)

May 3, 1995

May 3, 1995

PACER
36

Calendar entry: before Mag. Caden on 6/15/95. Magistrate judge has entered certain orders which will be reduced to a writing regarding the obligation of dfts to produce certain documents. (Yuen, Sui May) (Entered: 06/20/1995)

June 15, 1995

June 15, 1995

PACER
37

First ORDER dtd 7/10/95 requiring production of documents. ( signed by Magistrate John L. Caden ). (Yuen, Sui May) (Entered: 07/14/1995)

July 14, 1995

July 14, 1995

PACER

CASE REFERRED to Magistrate-Judge Cheryl Pollak (Yuen, Sui May)

Nov. 6, 1995

Nov. 6, 1995

PACER
38

ORDER that parties are directed, within thirty days of receipt of this order, to file with the Clerk of the Court a written report on the status of the above-captioned case. the letter responding to this order, which should be no longer than two pages long, should be clearly marked as a Status Report.( signed by Magistrate-Judge Cheryl Pollak on 11.13.95 ) (Greene, Donna) (Entered: 11/21/1995)

Nov. 21, 1995

Nov. 21, 1995

PACER
39

STATUS REPORT (Greene, Donna) (Entered: 12/20/1995)

Dec. 15, 1995

Dec. 15, 1995

PACER
40

TRANSCRIPT filed for dates of 3.31.95 before Hn. Judge Johnson. Karen B. Dine, Esq. Armen H. Merjian, Esq. Virginia Shubert, Esq. Michael Kink, Esq., Theresa M. Mc Govern, Esq., Richardo Castro, Esq. for pltf. Douglas Espel, for deft. Mary E. Glass. Georgia Pestana for deft Giuliani and Hammons. (Greene, Donna) (Entered: 12/21/1995)

Dec. 19, 1995

Dec. 19, 1995

PACER
41

LETTER dated 2.9.96 from Susan J. Kohlmann to Mag. Judge Pollak, writing to confirm her conversation with Ms. Roberson that Your Honor has scheduled a status conference in the above-referenced matter on March 14 at 2:30 p.m. (Greene, Donna) (Entered: 02/13/1996)

Feb. 13, 1996

Feb. 13, 1996

PACER
42

Calendar entry: Before Mag. Judge Pollak on 3/14/96 at 2:30 p.m. Case called. Pltf.'s are to proceed with depositions of Mr. Dwarken and Ms. Calogne. If they determine that the information obtained is not sufficient for a TRO, they should contact the Court by phone to discuss deposition of sit supervisor. Court will consider motion before Judge Caden (previously briefed) but parties are ordered to provided the Court with a list of papers previously submitted so the Court can be sure all submissions are in the file. Court will review document production request. Next status conference for 11:30 4/17/96 before Magistrate-Judge Cheryl Pollak . (Greene, Donna) (Entered: 03/26/1996)

March 14, 1996

March 14, 1996

PACER
52

Calendar entry before Mag. Pollak dated March 27, 1996. Pltffs request for deposition of Brooklyn site director granted but limited to 3 hours so as to avoid undue disruption of site transfers and closings. (Joseph, Derek) (Entered: 04/23/1996)

March 27, 1996

March 27, 1996

PACER
43

LETTER dated 7/17/95 from Georgia Pestana to Mag. Caden, with respect to plaintiffs' first order requiring production of documents. (Dobkin, David) (Entered: 03/29/1996)

March 29, 1996

March 29, 1996

PACER
44

LETTER dated 7/5/95 from Susan Kohlmann to Mag. Caden, re: copies of the propsed orders requiring production of documents. w/o enclosures. (Dobkin, David) (Entered: 03/29/1996)

March 29, 1996

March 29, 1996

PACER
45

LETTER dated 3/20/95 from Georgia Pestana to Mag. Caden pltff's should not be granted the opportunity to engage in discovery until they have demonstrated they have a colorable claim (Jackson, Ramona) (Entered: 04/01/1996)

April 1, 1996

April 1, 1996

PACER
46

LETTER dated 6/9/95 from Ricardo Castro to Mag. Caden confirm conf. for June 15,1995 @ 10:00 (Jackson, Ramona) (Entered: 04/01/1996)

April 1, 1996

April 1, 1996

PACER
47

LETTER dated 7/6/95 from Georgia Pestana to Mag. Caden deft's request the court not to sign the order requiring production of documents (Jackson, Ramona) (Entered: 04/01/1996)

April 1, 1996

April 1, 1996

PACER
48

LETTER dated 7/7/96 from R Castro to Mag Caden response to letter dtd. 7/6/95 requiring proposed orders submitted in 7/5/95 (Jackson, Ramona) (Entered: 04/01/1996)

April 1, 1996

April 1, 1996

PACER
51

Calendar entry: Before Mag. Judge Pollak on 4/17/96 at 11:30 a.m. Deft.'s are to provide documents requested by pltf.'s at depositions within 2 weeks. Documents objected to on privilege grounds to be submitted to the Court for in camera inspection by Friday April 19. Pltf.'s to notify court and deft.'s by May 17 whether intend to seek a TRO or Preliminary Injunction at this time. (Greene, Donna) (Entered: 04/23/1996)

April 17, 1996

April 17, 1996

PACER
49

LETTER dated 4/9/96 from Lauren Shapiro to Mag. Judge Pollak, advising that there office is no longer representing the pltf. class in the above referenced action. (Greene, Donna) (Entered: 04/18/1996)

April 18, 1996

April 18, 1996

PACER
50

LETTER dated 4/5/96 from Georgia Pestana to Mag. Judge Pollak, In re: as pltf.'s counsel's cover letter did not itemize the documents enclosed as a complete set of papers submitted on the issue of deliberative process, the following is a list of the documents relating to the issue. ( See letter for List). (Greene, Donna) (Entered: 04/22/1996)

April 22, 1996

April 22, 1996

PACER
53

LETTER dated 4/22/96 from Georgia Pestana to Magistrate Pollak, Re: Enclosing two draft reports prepared by Allen Kraus, to study the Division of Aids Services and to recommend changes to improve the efficiency and effectiveness of the program. (Piper, Francine) (Entered: 04/30/1996)

April 30, 1996

April 30, 1996

PACER
54

LETTER dated 5/20/96 from Susan J. Kohlmann to Mag. Judge Pollak, advising the Court that plaintiffs do not intend to move to restrain implementation of the City's current plan for restructuring the Division of AIDS Services. (DiTomasso, Mike) (Entered: 05/28/1996)

May 28, 1996

May 28, 1996

PACER
55

ORDER that defendants are to produce the non-redacted factual portions of the documents as described on this order on page 7 to plaintiffs on or before 8/23/96. ** refer to this document for details ** (signed by Magistrate Cheryl L. Pollak, dated 8/9/96) (Asreen, Wendy) (Entered: 08/15/1996)

Aug. 15, 1996

Aug. 15, 1996

PACER
56

SEALED DOCUMENT containing "Division of Aids Services : Management Review". placed in vault. (Yuen, Sui May) (Entered: 09/06/1996)

Sept. 6, 1996

Sept. 6, 1996

PACER
57

ORDER dated 9/6/96; support motion papers are due by 9/30/96 set status conference for 9:30 9/30/96 before Judge Sterling Johnson Jr. ( signed by Judge Sterling Johnson Jr. ) (Dobkin, David) (Entered: 09/11/1996)

Sept. 11, 1996

Sept. 11, 1996

PACER
58

Plaintiffs' Report of Developments in the Case. (Greene, Donna) (Entered: 09/23/1996)

Sept. 20, 1996

Sept. 20, 1996

PACER
59

Declaration by Georgia Pestana in support of dft.'s motion to dismiss and in opposition to pltf.'s motion for a p reliminary injunction. (Greene, Donna) (Entered: 10/07/1996)

Sept. 20, 1996

Sept. 20, 1996

PACER
60

Calendar entry: Before Hon. Judge Johnson on 9/30/96 at 9:30 a.m. Case called; further status conference for 9:30 10/29/96 before Judge Sterling Johnson Jr. . Motion for preliminary Injunction. (Greene, Donna) (Entered: 10/08/1996)

Sept. 30, 1996

Sept. 30, 1996

PACER
61

LETTER dated 9/30/96 from Asst. Corp. Counsel, Georgia Pestana, to Judge Johnson, submitting materials which are used by HRA's Division of AIDS Services and Income Support to monitor clients' access to benefits and services. (Asreen, Wendy) (Entered: 10/22/1996)

Oct. 22, 1996

Oct. 22, 1996

PACER
62

LETTER dated 10/4/96 from Susan Kohlmann, Esq., to Judge Johnson in opposition and in response to Georgia Pestana's letter with atachments dated 9/30/96. (Asreen, Wendy) (Entered: 10/22/1996)

Oct. 22, 1996

Oct. 22, 1996

PACER
63

Calendar entry: Pretrial conference held with Judge Johnson on 10/29/96. Court reporter: Anthony Mancuso. All discovery issues referred to Magistrate Pollak. Set jury trial for 9:30 on 2/10/97 before Judge Sterling Johnson Jr. . (Asreen, Wendy) (Entered: 10/30/1996)

Oct. 29, 1996

Oct. 29, 1996

PACER
64

MEMORANDUM AND ORDER for the reasons stated herein, pltf.'s motion for preliminary injunction and deft.'s motion to dismiss are DENIED. Pltf.'s motion for class certification is GRANTED. (signed by Judge Sterling Johnson Jr. on 10/25/96). (Greene, Donna) (Entered: 11/04/1996)

Nov. 4, 1996

Nov. 4, 1996

PACER
65

ANSWER by Rudolph Giuliani, Marva Hammons to second amended complaint. (Greene, Donna) (Entered: 11/13/1996)

Nov. 12, 1996

Nov. 12, 1996

PACER
66

ANSWER by Mary E. Glass to second amended complaint. (Greene, Donna) (Entered: 11/20/1996)

Nov. 12, 1996

Nov. 12, 1996

PACER
67

COPY OF LETTER dated 12/20/96 from Georgia Pestana to Susan J. Kohlmann, stating that Dan McCarthy's deposition is still set for 1/8/97, but will not produce witnesses and discovery when pltfs. are uncooperative. (Greene, Donna) (Entered: 01/07/1997)

Jan. 7, 1997

Jan. 7, 1997

PACER
68

TRANSCRIPT filed for conference [63-1] held on 10/29/96 before Judge Sterling Johnson Jr.. Court reporter: Anthony Mancuso. (Asreen, Wendy) Modified on 01/13/1997 (Entered: 01/13/1997)

Jan. 10, 1997

Jan. 10, 1997

PACER
69

Calendar entry: Status conference before Mag. Judge Pollak on 1/10/97. Defendant to provide plaintiffs with sample documents underlying computer runs; to identify the individual (or individuals) in the computer systems area familiar with the programs and data and to produce them for deposition before 1/17/97. parties to contact Court after deposition for status . (DiTomasso, Mike) (Entered: 01/16/1997)

Jan. 10, 1997

Jan. 10, 1997

PACER
70

Calendar entry: Before Mag. Pollak on 1/17/97 at 10:00. Case called. Next conference scheduled for 4:00 on 2/24/97 before Magistrate-Judge Cheryl L. Pollak . Discovery schedule set. Parties are to confer regarding outstanding document production and documents are to be produced by Jan. 31. Depositions are to be completed by Feb. 17. Conference set for Feb. 24 at 4:00 to set expert discovery. (Greene, Donna) (Entered: 01/29/1997)

Jan. 17, 1997

Jan. 17, 1997

PACER
71

Calendar entry: Before Mag. Pollak on 2/11/97. Case called. City to provide copy of preliminary report and questionaire for in camera inspection. (Greene, Donna) (Entered: 02/19/1997)

Feb. 11, 1997

Feb. 11, 1997

PACER
72

LETTER dated 2/13/97 from Susan J. Kohlmann to Mag. Pollak, writing in reply to the City defts. letter to Your Honor dated 2/12/97 in connection with their continued refusal to produce any part of the preliminary report or the raw data in connection with a study of the client base of the Division of AIDS Services and Income Support (DASIS). (Greene, Donna) (Entered: 02/20/1997)

Feb. 20, 1997

Feb. 20, 1997

PACER
73

ORDER dated 2/14/97, this Court orders defts. to produce the Memorandum dated 1/21/97 to pltfs. on or before 2/19/97. ( signed by Magistrate-Judge Cheryl L. Pollak on 2/14/97). (Greene, Donna) (Entered: 02/24/1997)

Feb. 24, 1997

Feb. 24, 1997

PACER
74

Calendar entry: Telephone status conference held with Magistrate Pollak on 2/24/97. Plaintiffs' request for underlying data to preliminary report is denied subject to reconsideration following completion of report within the next two weeks. Set next status conference for 11:00 on 3/17/97 before Magistrate-Judge Cheryl L. Pollak . (Asreen, Wendy) (Entered: 03/03/1997)

Feb. 24, 1997

Feb. 24, 1997

PACER
75

Calendar entry: Before Mag. Pollak on 3/17/97 at 11:00. Case called. Defts. inform Court that report not completed as promised; that preliminary report on pre-restructuring phase expected in two weeks, remaining portions of report expected in June. Court orders production of underlying raw data, redacted as to survey respondents personal identifying information to be produced to pltfs. by March 31. Next conference set for 2:30 on 4/3/97 before Magistrate-Judge Cheryl L. Pollak . (Greene, Donna) (Entered: 03/19/1997)

March 17, 1997

March 17, 1997

PACER
76

Calendar entry: Before Mag. Pollak on 3/31/97. Case called. Next conference scheduled for 4:30 on 4/10/07 before Magistrate-Judge Cheryl L. Pollak . Defts. given one additinal week to provide copies of survey responses- April 4. Conference adjourned to April 10 at 4:30 by phone. (Greene, Donna) (Entered: 04/07/1997)

March 31, 1997

March 31, 1997

PACER
77

Calendar entry: Before Mag. Pollak on 4/10/97 at 4:30. Case called. Next conference scheduled for 9:30 on 7/3/97 by phone before Magistrate-Judge Cheryl L. Pollak . Parties are directed to conduct depositions. (Greene, Donna) (Entered: 04/18/1997)

April 10, 1997

April 10, 1997

PACER
78

Calendar entry: Before Mag. Pollak on 7/3/97 at 9:30. Case called. Next conference schedule for 5:00 on 9/11/97 before Magistrate-Judge Cheryl L. Pollak . Defendants to object or produce documents requested at the Caldwell deposition by 7/11. The depositions of Caldwell, Fetchy and Ramime are to be completed by 8/29. Curtahy's depositon to be completed by 7/31. Conference Sept. 11 at 5:00 to schedule expert discovery. (Greene, Donna) (Entered: 08/04/1997)

July 3, 1997

July 3, 1997

PACER
79

COPY OF LETTER dated 9/5/97 from Susan J. Kohlmann to Mag. Pollak, requesting postponement of the discovery confernce currently scheduled for 9/11/97 at 5:00 for three or four weeks. (Greene, Donna) (Entered: 09/30/1997)

Sept. 30, 1997

Sept. 30, 1997

PACER

Endorsed order on doc. #79. Application granted. Discovery adjourned to 11:30 on 10/3/97 ( Signed by Magistrate-Judge Cheryl L. Pollak on ). (Greene, Donna)

Sept. 30, 1997

Sept. 30, 1997

PACER
81

Calendar entry: Before Mag. Pollak on 10/3/97 at 11:30. Case called. Next conference for 9:00 12/8/97 before Magistrate Cheryl L. Pollak . Deft. to produce documents for in camera inspection by 10/10. Discovery order entered. (Greene, Donna) (Entered: 10/16/1997)

Oct. 3, 1997

Oct. 3, 1997

PACER
80

LETTER dated 10/6/97 from Kathleen P. Murray to Mag. Pollak, writing the court to apologize for her oversight, and not appearing at the 10/3/97 conference. (Greene, Donna) (Entered: 10/16/1997)

Oct. 16, 1997

Oct. 16, 1997

PACER
82

ORDER that on or before 10/24/97, defts. will file with this Court a representation that City defts. counsel have reviewed pltfs. prior discovery requests and that all responsive documents have been produced or identified and made available for review by pltfs. Ordered that on or before 10/17/97, City defts. will identify individuals with knowledge of the WMS System and the actual and potential ability of that system to be used for monitoring the performance of DAS. Ordered that on or before 11/21/97 the parties will have compled the depositions of Mr. Remine, Mr. Caminiti, Mr. Caldwell and any individuals identified pursuant to this order. ( signed by Magistrate Cheryl L. Pollak on 10/3/97). (Greene, Donna) (Entered: 10/17/1997)

Oct. 17, 1997

Oct. 17, 1997

PACER
83

ORDER that this Court having conducted an in camera inspection to determine whether the disputed documents are in fact privileged, finds that a Memorandum, dated 7/7/97, from Mr. Remine to mr. Caldwell and other is predecisional and protected in its entirety from production. A second Memorandum, dated 3/3/97, from Mr. Remine to Mr. Caldwell and others consists of two preliminary pages regarding future projections of staff which are pre-decisional and protected from production, as well as several pages containing charts, comparing 1997 real and planned program staffing for various locations. To the extent that these documents contain existing staffing figures they should be produced, with the columns labeled "Planned Staff" or "N" (needs) redacted. Finally, with respect to the remaining two documents, portions of which defts. have proposed redactions, this Court has reviewed the proposed redactions and agrees that these portions of the documents should be subject to protection. Accourdingly, this Court orders that those documents be produced as redacted. ( signed by Magistrate Cheryl L. Pollak on 10/21/97). (Greene, Donna) (Entered: 11/04/1997)

Nov. 4, 1997

Nov. 4, 1997

PACER
84

LETTER dated 10/10/97 from Musako C. Shiono to Mag. Pollak, enclosing the Declaration of Gregory Mark Caldwell, along with four documents for which defts. assert the pre-decisional or deliberative process privilege in whole or in part. He has indicated on the two partially withheld documents the portion of the document for which the privilege has been asserted. (NO ENCLOSURE). (Greene, Donna) (Entered: 11/05/1997)

Nov. 5, 1997

Nov. 5, 1997

PACER
85

MAIL RETURNED. Order dated 10/21/97 mailed to Clinton F. Eubanks returned on 11/12/97. "Return to Sender - Attempted Unknown". (Greene, Donna) (Entered: 11/12/1997)

Nov. 12, 1997

Nov. 12, 1997

PACER
86

LETTER dated 11/12/97 from Masako C. Shiono to Magistrate Pollak requesting that the defendants time to complete the depositions be extended to 12/12/97. (Guzzi, Roseann) (Entered: 12/15/1997)

Dec. 15, 1997

Dec. 15, 1997

PACER

Endorsed order dated 11/12/97 granting defendants request to extend time to complete depositions. C/M ( Signed by Magistrate Cheryl L. Pollak ) (Guzzi, Roseann)

Dec. 15, 1997

Dec. 15, 1997

PACER
87

ORDER adjourning the 12.8.97 telephone conference until 12:00 on 1/6/98 before Magistrate Cheryl L. Pollak . (signed by Magistrate Cheryl L. Pollak, undated) See letter dated 12.5.97 from Armen H. Merjian to Magistrate Pollak. Galeano, Sonia (Entered: 12/17/1997)

Dec. 17, 1997

Dec. 17, 1997

PACER
88

Calendar entry:, Before Mag. Pollak on 1/6/98 for a Telephone Conference. Pltffs expert reports due 2/9. Defendant's experts (if any) reports due 3/13. Depositions of all experts to be completed by 4/10. Set Telephone Conference for 4:00 4/21/98 before Magistrate Cheryl L. Pollak . (Piper, Francine) (Entered: 01/07/1998)

Jan. 6, 1998

Jan. 6, 1998

PACER
89

ORDER dtd. 2/6/98 Request GRANTED On ltr. dtd. 2/4/98 from Susan J.Kohlmann Pltff's expert reports 2/23/98; Deft's expert reports 3/27/98. Close of discovery to 4/24/98 ( signed by Magistrate Cheryl L. Pollak ) Copies mailed (Jackson, Ramona) (Entered: 02/09/1998)

Feb. 9, 1998

Feb. 9, 1998

PACER
90

LETTER dated 2/23/98 from Susan J. Kohlmann to Mag. Pollak, requesting a second and final two-week extension of the current expert discovery schedule. Accordingly, their requesting that pltfs. expert report be due 3/9/98, defts. 4/10/98, and the close of expert discovery be extended to 5/8/98. (Greene, Donna) (Entered: 03/02/1998)

March 2, 1998

March 2, 1998

PACER

Endorsed order on doc. #90. Request granted, expert discovery for pltf. due 3/9/98, defts. report due 4/10/98, and the close of discovery extended to 5/8/98. ( Signed by Magistrate Cheryl L. Pollak on 2/25/98). c/m (Greene, Donna)

March 2, 1998

March 2, 1998

PACER
91

LETTER dated 3/9/98 from Susan J. Kohlmann to Mag. Pollak, enclosing courtesy copies of the expert report of Dr. Ernest Drucker, and Dr. Tanya Zangaglia. (Greene, Donna) (Entered: 03/17/1998)

March 17, 1998

March 17, 1998

PACER
92

ORDER, granting defendants' requests to adjourn expert reports to 5/22/98 and to extend time to complete expert depositions to 6/22/98 . Telephone conference adjourned to 9:30 on 6/30/98 . (Signed by Magistrate Cheryl L. Pollak, dated 4/15/98). C/M by Chambers. See letter dated 4/13/98 from Deborah Lee Stachel to Magistrate Judge Pollak. (Reddy, Lisa) (Entered: 04/16/1998)

April 16, 1998

April 16, 1998

PACER
93

ORDER, granting defendants request to extend time . Defendants' expert reports due 6/19/98; parties to take depositions within 30 days thereafter, or until 7/20/98. Conference rescheduled for 11:30 on 8/13/98 . (Signed by Magistrate Cheryl L. Pollak, dated 6/11/98). C/M by Chambers. See letter dated 6/10/98 from Masako C. Shiono to Magistrate Judge Pollak. (Reddy, Lisa) (Entered: 06/17/1998)

June 17, 1998

June 17, 1998

PACER
94

LETTER dated 7/16/98 from Masako C. Shiono to Mag. Pollak, advising that the parties respectfully request additional time within which to schedule the expert depositions. In addition, municipal defts respectfully request that the time of the conference on 8/13 be changed. (Greene, Donna) (Entered: 07/28/1998)

July 28, 1998

July 28, 1998

PACER

Endorsed order on doc. #94. Application granted. Conference adjourned to 8/14/98 at 10:30. ( Signed by Magistrate Cheryl L. Pollak). (Greene, Donna)

July 28, 1998

July 28, 1998

PACER

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Feb. 14, 1995