Case: S. v. City of New York

1:17-cv-07661 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 6, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 6, 2017, parents with perceived or actual intellectual disabilities who had been investigated for child abuse or neglect by New York City's Administration for Children's Services filed this class action lawsuit against New York City in the U.S. District Court for the Southern District of New York. The plaintiffs sought declaratory and injunctive relief against the defendant for violations of Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq., and Section 504 o…

On October 6, 2017, parents with perceived or actual intellectual disabilities who had been investigated for child abuse or neglect by New York City's Administration for Children's Services filed this class action lawsuit against New York City in the U.S. District Court for the Southern District of New York. The plaintiffs sought declaratory and injunctive relief against the defendant for violations of Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Specifically, the plaintiffs alleged that the defendants failed to provide services, programs, and training tailored to the plaintiffs' needs and, as a result, they were disadvantaged during each stage of a child welfare case. The plaintiffs were represented by the New York Legal Assistance Group and private counsel. The case was assigned to Judge Alison Nathan.

The plaintiffs filed a motion for class certification on September 28, 2018. On September 3, 2019, Judge Nathan referred the case to Magistrate Judge Barbara Moses for the purpose of settlement. The next day, Judge Nathan administratively denied the plaintiffs' motion to certify the class. This would allow the plaintiffs refile the motion later if they so chose. The parties have been engaged in settlement discussions and the case is ongoing as of May 2020.

Summary Authors

Cade Boland (6/15/2018)

Hope Brinn (5/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7956757/parties/josefina-s-v-the-city-of-new-york/


Judge(s)

Caproni, Valerie Elaine (New York)

Attorney for Plaintiff

Hansen, Stephanie (New York)

Hsiao, Iris (New York)

Attorney for Defendant

Edmonds, Elizabeth (New York)

Jacob, Agnetha Elizabeth (New York)

Documents in the Clearinghouse

Documents in this case

1:17-cv-07661

Docket [PACER]

S. v. The City of New York

May 1, 2020

May 1, 2020

Docket
1

1:17-cv-07661

Complaint

Oct. 6, 2017

Oct. 6, 2017

Complaint
85

1:17-cv-07661

Order

Sept. 24, 2019

Sept. 24, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7956757/josefina-s-v-the-city-of-new-york/

Last updated April 8, 2026, 5:11 a.m.

ECF Number Date Description Link
1 Oct. 6, 2017

COMPLAINT against The City of New York. (Filing Fee $ 400.00, Receipt Number 0208-14216074)Document filed by Shantell S., Josefina S., Cynthia Q., Deaja D., Bianca M..(Windels, James) (Entered: 10/06/2017)

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2 Oct. 6, 2017

CIVIL COVER SHEET filed. (Windels, James) (Entered: 10/06/2017)

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3 Oct. 6, 2017

REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York c/o Corporation Counsel, re: 1 Complaint. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 10/06/2017)

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4 Oct. 10, 2017

ELECTRONIC SUMMONS ISSUED as to The City of New York. (kl) (Entered: 10/10/2017)

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Oct. 10, 2017

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (kl)

Oct. 10, 2017

Case Opening Initial Assignment Notice

Oct. 10, 2017

Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (kl)

Oct. 10, 2017

Case Designated ECF. (kl)

5 Oct. 12, 2017

NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/26/2018 at 02:45 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference, as further set forth in this order. (Signed by Judge Alison J. Nathan on 10/12/2017) (jwh) (Entered: 10/12/2017)

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6 Oct. 16, 2017

AFFIDAVIT OF SERVICE of Summons in a Civil Action, Complaint, Civil Cover Sheet, Individual Practice in Civil Cases of Judge Alison J. Nathan and Electronic Case Filing Rules & Instructions served on The City of New York c/o Corporation Counsel on 10/10/2017. Service was accepted by Betty Mazyck, Authorized Agent. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 10/16/2017)

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7 Oct. 16, 2017

NOTICE OF APPEARANCE by Jane Greengold Stevens on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Stevens, Jane) (Entered: 10/16/2017)

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8 Oct. 16, 2017

NOTICE OF APPEARANCE by Thalia Julme on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Julme, Thalia) (Entered: 10/16/2017)

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9 Oct. 17, 2017

NOTICE OF APPEARANCE by Elizabeth Anne Jois on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Jois, Elizabeth) (Entered: 10/17/2017)

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10 Oct. 17, 2017

NOTICE OF APPEARANCE by James H.R. Windels on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 10/17/2017)

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11 Oct. 17, 2017

NOTICE OF APPEARANCE by Sharon Katz on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Katz, Sharon) (Entered: 10/17/2017)

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12 Oct. 17, 2017

NOTICE OF APPEARANCE by Iris Hsiao on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Hsiao, Iris) (Entered: 10/17/2017)

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13 Oct. 17, 2017

NOTICE OF APPEARANCE by Alexa B Lutchen on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Lutchen, Alexa) (Entered: 10/17/2017)

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14 Oct. 17, 2017

NOTICE OF APPEARANCE by Dara Lynn Sheinfeld on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Sheinfeld, Dara) (Entered: 10/17/2017)

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15 Oct. 18, 2017

NOTICE OF APPEARANCE by Cindy Siyao McNair on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (McNair, Cindy) (Entered: 10/18/2017)

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16 Oct. 25, 2017

NOTICE OF APPEARANCE by Lesley Berson Mbaye on behalf of The City of New York. (Mbaye, Lesley) (Entered: 10/25/2017)

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17 Oct. 26, 2017

NOTICE OF APPEARANCE by Evan Robert Schnittman on behalf of The City of New York. (Schnittman, Evan) (Entered: 10/26/2017)

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18 Oct. 26, 2017

AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference and Judge Alison J. Nathan's Individual Practices in Civil Cases served on Lesley Mbaye and Evan Schnittman on October 26, 2017. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 10/26/2017)

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19 Oct. 27, 2017

CONSENT LETTER MOTION for Extension of Time to File a response to the Complaint addressed to Judge Alison J. Nathan from Lesley Berson Mbaye and Evan Robert Schnittman dated October 27, 2017. Document filed by The City of New York.(Mbaye, Lesley) (Entered: 10/27/2017)

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20 Oct. 30, 2017

ORDER granting 19 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/30/2017) (mml) (Entered: 10/30/2017)

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Oct. 30, 2017

Set/Reset Deadlines: The City of New York answer due 11/30/2017. (mml)

21 Nov. 27, 2017

CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 1 Complaint addressed to Judge Alison J. Nathan from Lesley Berson Mbaye and Evan Robert Schnittman dated November 27, 2017. Document filed by The City of New York.(Mbaye, Lesley) (Entered: 11/27/2017)

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22 Nov. 27, 2017

ORDER: granting 21 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. The City of New York answer due 1/2/2018. (Signed by Judge Alison J. Nathan on 11/27/2017) (ama) Modified on 11/27/2017 (ama). (Entered: 11/27/2017)

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Nov. 27, 2017

Set/Reset Deadlines: The City of New York answer due 1/2/2018. (ama)

23 Dec. 5, 2017

NOTICE OF APPEARANCE by Katelyn Trionfetti Wolfgang on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Wolfgang, Katelyn) (Entered: 12/05/2017)

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24 Jan. 2, 2018

ANSWER to 1 Complaint. Document filed by The City of New York.(Schnittman, Evan) (Entered: 01/02/2018)

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25 Jan. 19, 2018

JOINT LETTER addressed to Judge Alison J. Nathan dated January 19, 2018 re: Pre-Trial Conference. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Attachments: # 1 Proposed Case Management Plan)(Windels, James) (Entered: 01/19/2018)

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26 Jan. 19, 2018

LETTER addressed to Judge Alison J. Nathan from James H.R. Windels dated January 19, 2018 re: Appearances at Pretrial Conference. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S..(Windels, James) (Entered: 01/19/2018)

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27 Jan. 22, 2018

MEMO ENDORSEMENT on re: 26 Letter filed by Bianca M., Cynthia Q., Deaja D., Josefina S., Shantell S. ENDORSEMENT: So Ordered. (Signed by Judge Alison J. Nathan on 1/22/2018) (cf) (Entered: 01/22/2018)

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28 Jan. 22, 2018

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered. (Signed by Judge Alison J. Nathan on 1/22/18) (yv) (Entered: 01/22/2018)

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29 Jan. 25, 2018

JOINT LETTER addressed to Judge Alison J. Nathan from James H.R. Windels dated January 19, 2018 re: /Corrected Joint Pretrial Conference Letter Providing Information Requested by the Court in its October 12, 2017 Notice of Initial Pretrial Conference. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Attachments: # 1 [Proposed] Case Management Plan)(Windels, James) (Entered: 01/25/2018)

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30 Jan. 29, 2018

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. § 636(c). Depositions due by 10/12/2018. Expert Deposition due by 1/28/2019. Fact Discovery due by 12/14/2018. Expert Discovery due by 1/28/2019. Case Management Conference set for 1/11/2019 at 02:00 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 1/26/2018) (mml) (Entered: 01/29/2018)

RECAP
Jan. 29, 2018

Minute Entry for proceedings held before Judge Alison J. Nathan. Initial Pretrial Conference held on 1/26/2018. See transcript for complete details. (Court Reporter Paula Speer) (qs)

31 Feb. 13, 2018

TRANSCRIPT of Proceedings re: CONFERENCE held on 1/26/2018 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/6/2018. Redacted Transcript Deadline set for 3/16/2018. Release of Transcript Restriction set for 5/14/2018.(McGuirk, Kelly) (Entered: 02/13/2018)

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32 Feb. 13, 2018

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/26/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 02/13/2018)

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33 Feb. 23, 2018

STATUS REPORT. concerning discovery and settlement issues raised at the Initial Pretrial Conference Document filed by The City of New York.(Mbaye, Lesley) (Entered: 02/23/2018)

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34 Feb. 23, 2018

LETTER addressed to Judge Alison J. Nathan from Katelyn Trionfetti Wolfgang dated February 23, 2018 re: The Court's Order to the Parties to Submit Letters by February 23, 2018, to Address a Stay of Discovery for Settlement. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S..(Wolfgang, Katelyn) (Entered: 02/23/2018)

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35 March 27, 2018

NOTICE OF APPEARANCE by Agnetha Elizabeth Jacob on behalf of The City of New York. (Jacob, Agnetha) (Entered: 03/27/2018)

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36 Sept. 28, 2018

LETTER addressed to Judge Alison J. Nathan from James H. R. Windels dated September 28, 2018 re: Parties' Proposed Briefing Schedule. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S..(Windels, James) (Entered: 09/28/2018)

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37 Sept. 28, 2018

MOTION to Certify Class . Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S..(Windels, James) (Entered: 09/28/2018)

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38 Sept. 28, 2018

MEMORANDUM OF LAW in Support re: 37 MOTION to Certify Class . . Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 09/28/2018)

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39 Sept. 28, 2018

DECLARATION of Josefina S. in Support re: 37 MOTION to Certify Class .. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 09/28/2018)

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40 Sept. 28, 2018

DECLARATION of Deaja D. in Support re: 37 MOTION to Certify Class .. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 09/28/2018)

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41 Sept. 28, 2018

DECLARATION of Cynthia Q. in Support re: 37 MOTION to Certify Class .. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 09/28/2018)

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42 Sept. 28, 2018

DECLARATION of Shantell S. in Support re: 37 MOTION to Certify Class .. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 09/28/2018)

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43 Sept. 28, 2018

DECLARATION of Bianca M. in Support re: 37 MOTION to Certify Class .. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 09/28/2018)

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44 Sept. 28, 2018

DECLARATION of Michelle Burrell in Support re: 37 MOTION to Certify Class .. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 09/28/2018)

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45 Sept. 28, 2018

DECLARATION of Michele Cortese in Support re: 37 MOTION to Certify Class .. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 09/28/2018)

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46 Sept. 28, 2018

DECLARATION of Emma Ketteringham, Esq. in Support re: 37 MOTION to Certify Class .. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Attachments: # 1 Exhibit A: January 12, 2016 letter from Joseph Cardieri)(Windels, James) (Entered: 09/28/2018)

1 Exhibit A: January 12, 2016 letter from Joseph Cardieri

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47 Sept. 28, 2018

DECLARATION of Donald Lash in Support re: 37 MOTION to Certify Class .. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 09/28/2018)

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48 Sept. 28, 2018

DECLARATION of Lauren Shapiro, Esq. in Support re: 37 MOTION to Certify Class .. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 09/28/2018)

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49 Oct. 2, 2018

MEMO ENDORSEMENT on re: 36 Letter filed by Bianca M., Cynthia Q., Deaja D., Josefina S., Shantell S. ENDORSEMENT: SO ORDERED. ( Responses due by 11/20/2018, Replies due by 12/20/2018.) (Signed by Judge Alison J. Nathan on 10/2/2018) (mro) (Entered: 10/02/2018)

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50 Nov. 16, 2018

JOINT LETTER MOTION for Extension of Time to complete briefing on Plaintiffs' 37 motion for class certification addressed to Judge Alison J. Nathan from Agnetha E. Jacob dated 11/16/2018. Document filed by The City of New York.(Jacob, Agnetha) (Entered: 11/16/2018)

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51 Nov. 21, 2018

ORDER granting 50 Letter Motion for Extension of Time. The deadline for Defendant to file its opposition to Plaintiffs' motion to class certification is hereby adjourned to January 31, 2019, and the deadline for Plaintiffs to reply is adjourned to March 4, 2019. No further extensions will be granted. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/21/2018) (ne) (Entered: 11/21/2018)

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Nov. 21, 2018

Set/Reset Deadlines as to 37 MOTION to Certify Class. Responses due by 1/31/2019, Replies due by 3/4/2019. (ne)

52 Dec. 10, 2018

LETTER MOTION for Leave to File Motion to Withdraw as Counsel of Record for Defendant addressed to Judge Alison J. Nathan from Agnetha E. Jacob dated 12/10/2018. Document filed by The City of New York.(Jacob, Agnetha) (Entered: 12/10/2018)

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53 Dec. 11, 2018

NOTICE OF APPEARANCE by Son K. Le on behalf of The City of New York. (Le, Son) (Entered: 12/11/2018)

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54 Dec. 12, 2018

JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from James H.R. Windels dated December 12, 2018. Document filed by Josefina S..(Windels, James) (Entered: 12/12/2018)

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55 Dec. 13, 2018

ORDER granting 54 Letter Motion for Extension of Time to Complete Discovery. The parties' request for extensions of the deadlines for fact and expert discovery to April 15, 2019, and May 30, 2019, respectively, is hereby granted. No further extensions will be granted. The conference currently scheduled for January 11, 2019, is adjourned to May 17, 2019, at 3:00 p.m. (Signed by Judge Alison J. Nathan on 12/13/2018) (cf) (Entered: 12/13/2018)

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Dec. 13, 2018

Set/Reset Deadlines: (Expert Discovery due by 5/30/2019., Fact Discovery due by 4/15/2019.), Set/Reset Hearings: (Case Management Conference set for 5/17/2019 at 03:00 PM before Judge Alison J. Nathan.) (cf)

56 Dec. 21, 2018

ORDER granting 52 Letter Motion for Leave to File Document. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/21/2018) (jca) (Entered: 12/21/2018)

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57 Dec. 26, 2018

NOTICE OF APPEARANCE by Elizabeth Edmonds on behalf of The City of New York. (Edmonds, Elizabeth) (Entered: 12/26/2018)

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58 Jan. 28, 2019

LETTER MOTION for Extension of Time until February 8, 2019 for Defendant to Oppose Plaintiffs' Motion for Class Certification addressed to Judge Alison J. Nathan from Elizabeth Edmonds dated January 28, 2019. Document filed by The City of New York.(Edmonds, Elizabeth) (Entered: 01/28/2019)

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59 Jan. 29, 2019

MOTION for Evan Schnittman to Withdraw as Attorney for defendant the City of New York. Document filed by The City of New York.(Schnittman, Evan) (Entered: 01/29/2019)

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60 Jan. 29, 2019

DECLARATION of Evan Schnittman in Support re: 59 MOTION for Evan Schnittman to Withdraw as Attorney for defendant the City of New York.. Document filed by The City of New York. (Schnittman, Evan) (Entered: 01/29/2019)

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61 Jan. 30, 2019

ORDER granting 58 Letter Motion for Extension of Time. SO ORDERED. No further extensions. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/30/2019) (kv) (Entered: 01/30/2019)

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62 Jan. 30, 2019

ORDER granting 59 Motion to Withdraw as Attorney. SO ORDERED. Attorney Evan Robert Schnittman terminated. (Signed by Judge Alison J. Nathan on 1/30/2019) (kv) (Entered: 01/30/2019)

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Jan. 30, 2019

Set/Reset Deadlines: Responses due by 2/8/2019 Replies due by 3/12/2019. (kv)

63 Feb. 8, 2019

MEMORANDUM OF LAW in Opposition re: 37 MOTION to Certify Class . . Document filed by The City of New York. (Attachments: # 1 Declaration of Roslyn Norrell-Fleming in Support of Defendant's Opposition to Class Certification, # 2 Declaration of Nancy Thomson in Support of Defendant's Opposition to Class Certification)(Edmonds, Elizabeth) (Entered: 02/08/2019)

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64 Feb. 21, 2019

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST LETTER MOTION for Discovery addressed to Judge Alison J. Nathan from Jane Greengold Stevens dated February 21, 2019. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Attachments: # 1 Affidavit)(Julme, Thalia) Modified on 3/12/2019 (db). (Entered: 02/21/2019)

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65 Feb. 26, 2019

ORDER granting 64 Letter Motion for Discovery. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/26/2019) (kv) (Entered: 02/26/2019)

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Feb. 26, 2019

Set/Reset Deadlines: Deposition due by 2/27/2019. (kv)

66 March 12, 2019

REPLY MEMORANDUM OF LAW in Support re: 37 MOTION to Certify Class . . Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Windels, James) (Entered: 03/12/2019)

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67 March 12, 2019

DECLARATION of Sharon Katz in Support re: 37 MOTION to Certify Class .. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Attachments: # 1 Exhibit A-The American with Disabilities Act (ADA) Procedure, # 2 Exhibit B-Foster Care Quality Assurance Standards, # 3 Exhibit C-Jackson Deposition Transcript Excerpts, # 4 Exhibit D-Ovadek Deposition Transcript Excerpts, # 5 Exhibit E-McLeod Deposition Transcript Excerpts, # 6 Exhibit F-Louallen Deposition Transcript Excerpts, # 7 Exhibit G-Shapiro (Brooklyn Defender Services) Declaration, # 8 Exhibit H-Ketteringham (Bronx Defenders) Declaration, # 9 Exhibit I-Burrell (Neighborhood Defender Service of Harlem) Declaration, # 10 Exhibit J-Cortese (Center for Family Representation) Declaration, # 11 Exhibit K-Lash (Sinergia) Declaration, # 12 Exhibit L-Shantell S. Declaration, # 13 Exhibit M-Josefina S. Declaration, # 14 Exhibit N-Deaja D. Declaration, # 15 Exhibit O-Cynthia Q. Declaration, # 16 Exhibit P-Bianca M. Declaration)(Windels, James) (Entered: 03/12/2019)

1 Exhibit A-The American with Disabilities Act (ADA) Procedure

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2 Exhibit B-Foster Care Quality Assurance Standards

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3 Exhibit C-Jackson Deposition Transcript Excerpts

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4 Exhibit D-Ovadek Deposition Transcript Excerpts

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5 Exhibit E-McLeod Deposition Transcript Excerpts

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6 Exhibit F-Louallen Deposition Transcript Excerpts

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7 Exhibit G-Shapiro (Brooklyn Defender Services) Declaration

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8 Exhibit H-Ketteringham (Bronx Defenders) Declaration

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9 Exhibit I-Burrell (Neighborhood Defender Service of Harlem) Declaration

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10 Exhibit J-Cortese (Center for Family Representation) Declaration

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11 Exhibit K-Lash (Sinergia) Declaration

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12 Exhibit L-Shantell S. Declaration

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13 Exhibit M-Josefina S. Declaration

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14 Exhibit N-Deaja D. Declaration

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15 Exhibit O-Cynthia Q. Declaration

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16 Exhibit P-Bianca M. Declaration

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68 April 1, 2019

JOINT LETTER MOTION for Extension of Time to Complete Discovery until August 15, 2019 addressed to Judge Alison J. Nathan from Elizabeth Edmonds dated April 1, 2019. Document filed by The City of New York.(Edmonds, Elizabeth) (Entered: 04/01/2019)

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69 April 8, 2019

ORDER granting 68 Letter Motion for Extension of Time to Complete Discovery. The deadlines for fact and expert discovery are hereby extended to August 15, 2019, and September 27, 2019, respectively. The case management conference currently scheduled for May 17, 2019, is rescheduled to September 20, 2019, at 3:00 p.m. Absent extraordinary circumstances, no further extensions will be granted. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/5/2019) (kv) (Entered: 04/08/2019)

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April 8, 2019

Set/Reset Deadlines: ( Expert Discovery due by 9/27/2019., Fact Discovery due by 8/15/2019.), Set/Reset Hearings:( Case Management Conference set for 9/20/2019 at 03:00 PM before Judge Alison J. Nathan.) (kv)

70 April 26, 2019

LETTER addressed to Judge Alison J. Nathan from Iris Hsiao dated April 26, 2019 re: Withdrawing as Counsel of Record for Plaintiffs. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S..(Hsiao, Iris) (Entered: 04/26/2019)

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71 April 30, 2019

MEMO ENDORSEMENT on re: 70 Letter filed by Bianca M., Cynthia Q., Deaja D., Josefina S., Shantell S.. ENDORSEMENT: SO ORDERED. Attorney Iris Hsiao terminated. (Signed by Judge Alison J. Nathan on 4/30/2019) (kv) (Entered: 04/30/2019)

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72 June 11, 2019

LETTER addressed to Judge Alison J. Nathan from James H.R. Windels dated June 11, 2019 re: Advising the Court that Plaintiffs' Motion for Class Certification has been Fully Briefed for 90 Days. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S..(Windels, James) (Entered: 06/11/2019)

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73 July 29, 2019

FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Thalia Julme to Withdraw as Attorney . Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S..(Julme, Thalia) Modified on 9/30/2019 (db). (Entered: 07/29/2019)

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74 Aug. 2, 2019

MEMO ENDORSEMENT granting 73 FIRST MOTION for Thalia Julme to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Thalia Julme terminated. (Signed by Judge Alison J. Nathan on 8/2/2019) (jca) (Entered: 08/02/2019)

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75 Aug. 8, 2019

JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from James H.R. Windels dated August 8, 2019. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S..(Windels, James) (Entered: 08/08/2019)

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76 Aug. 9, 2019

ORDER granting 75 Letter Motion for Extension of Time to Complete Discovery. The deadlines for fact and expert discovery are hereby extended to September 5, 2019 and October 18, 2019 respectively. No further extensions will be granted. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/9/2019) (kv) (Entered: 08/09/2019)

RECAP
Aug. 9, 2019

Set/Reset Deadlines: Expert Discovery due by 10/18/2019. Fact Discovery due by 9/5/2019. (kv)

77 Sept. 9, 2019

ORDER: According to the Court's April 8, 2019, order in the above-captioned matter, a post-discovery status conference is scheduled for September 20, 2019. In light of this deadline, it is hereby ORDERED that by September 13, 2019, the parties shall meet and confer and submit a joint letter to the Court. The joint letter shall: as further set forth in this Order. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/9/2019) (kv) (Entered: 09/10/2019)

RECAP
78 Sept. 13, 2019

STATUS REPORT. Joint Letter on the Status of Discovery, Settlement, Summary Judgment Motions, and Proposed Trial Dates Document filed by The City of New York.(Edmonds, Elizabeth) (Entered: 09/13/2019)

RECAP
79 Sept. 17, 2019

NOTICE of Substitution of Attorney. Old Attorney: Lesley Berson Mbaye and Son K. Le, New Attorney: Rosemary C. Yogiaveetil, Address: New York City Law Department, 100 Church Street, Room 2-168, New York, New York, 10007, 212-356-0877. Document filed by The City of New York. (Yogiaveetil, Rosemary) (Entered: 09/17/2019)

RECAP
80 Sept. 17, 2019

LETTER addressed to Judge Alison J. Nathan from Cindy S. McNair dated September 16, 2019 re: Withdrawing as Counsel of Record. Document filed by Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S..(McNair, Cindy) (Entered: 09/17/2019)

RECAP
81 Sept. 17, 2019

NOTICE OF APPEARANCE by Meredith Mckinley Manning on behalf of Deaja D., Bianca M., Cynthia Q., Josefina S., Shantell S.. (Manning, Meredith) (Entered: 09/17/2019)

RECAP
82 Sept. 19, 2019

MEMO ENDORSEMENT on re: 80 Letter filed by Bianca M., Cynthia Q., Deaja D., Josefina S., Shantell S. ENDORSEMENT: SO ORDERED. Attorney Cindy Siyao McNair terminated. (Signed by Judge Alison J. Nathan on 9/18/2019) (cf) (Entered: 09/19/2019)

RECAP
83 Sept. 19, 2019

MEMO ENDORSEMENT on re: 79 Notice of Substitution of Attorney, filed by The City of New York. ENDORSEMENT: SO ORDERED. Attorney Rosemary Yogiaveetil for The City of New York added. Attorney Son K. Le and Lesley Berson Mbaye terminated. (Signed by Judge Alison J. Nathan on 9/18/2019) (jca) (Entered: 09/19/2019)

RECAP
84 Sept. 23, 2019

ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Alison J. Nathan on 9/20/2019) (kv) (Entered: 09/23/2019)

RECAP
Sept. 23, 2019

Minute Entry for proceedings held before Judge Alison J. Nathan. Scheduling conference held. Referral to Magistrate Judge Moses for settlement entered. See transcript for complete details. (Court Reporter Kelly Surina) (qs)

85 Sept. 24, 2019

ORDER denying 37 Motion to Certify Class. As stated on the record in the conference on September 20, 2019, the deadline for the completion of expert discovery is hereby adjourned to November 18, 2019. Plaintiffs' pending motion to certify a class is also hereby administratively denied with leave to refile. The parties shall file a joint letter on or before November 1, 2019, providing the Court with a status update and indicating whether Plaintiffs intend to refile their class certification motion at that time. If Plaintiffs do intend to refile their motion, they shall file a notice of motion on the public docket, and the Court will rely on the parties' motion papers previously filed electronically, see Dkt. Nos. 37-48, 63, 66-67, and the courtesy copies previously mailed to Chambers. The Clerk of Court is ordered to terminate the motion to certify a class at Dkt. No. 37. (Signed by Judge Alison J. Nathan on 9/23/2019) (rro) Modified on 9/26/2019 (rro). Modified on 9/26/2019 (rro). (Entered: 09/24/2019)

RECAP
Sept. 24, 2019

Set/Reset Deadlines: Expert Discovery due by 11/18/2019. (rro)

Case Details

State / Territory:

New York

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 6, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Parents with actual or perceived intellectual disabilities who have been or will be investigated for child abuse or neglect by Defendant's Administration for Children's Services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City

The City of New York

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Other Dockets:

Southern District of New York 1:17-cv-07661

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Access to public accommodations - governmental

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Individualized planning

Parents (visitation, involvement)

Pattern or Practice

Staff (number, training, qualifications, wages)

Disability and Disability Rights:

Intellectual/developmental disability, unspecified

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation