S.W. et al v. City of New York et al
Plaintiff: C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L., S.B. and R.E. and L.J. and J.G.
Defendant: Administration for Children's Services, City of New York, Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc., Child Welfare Administration, Catholic Child Care Society of the Diocese of Brooklyn, Inc., Catholic Guardian Society of the Diocese of Brooklyn, Inc. and St. Christopher-Ottilie
3Rd Party Defendant: Thelma Bowes, Sabrina Collins, Edwin Gould Services for Children, Claudette Jackson, Mia Karenga, Lystra Lewis, Anita Lexame, Theresa Smith, Vontrell, Barbara G. Raikes, Barbara Smith and Stephanie Leekin
Cross Defendant: Cheryl Jack, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Vontrell Leekin, Anita Lezame, Rhonda Morgan, Ishmattie Nagassar/Asman, Barbara Raikes and Ralph Squitteri
Interested Party: Social Security Administration of the United States, National Union Fire Insurance Company of Pittsburgh, PA and Illinois National Insurance Company
Case Number: 1:2009cv01777
Filed: April 29, 2009
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
County: Kings
Presiding Judge: Marilyn D Go
Referring Judge: James Orenstein
2 Judge: Eric N Vitaliano
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 4, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 4, 2017 Filing 565 Mail Returned as Undeliverable, "Forward Time Expired, Return to Sender." Judgment dated 7/20/17 previously sent to William A. Kapell. (Galeano, Sonia)
August 4, 2017 Filing 564 Mail Returned as Undeliverable, "Forward Time Expired, Return to Sender." Judgment dated 7/20/17 previously sent to Melissa Cohen, Children's Rights. (Galeano, Sonia)
August 4, 2017 Filing 562 Mail Returned as Undeliverable, "Forward Time Expired, Return to Sender." Order Adopting R&R dated 7/17/17 previously sent to Melissa Cohen, Children's Rights. (Galeano, Sonia)
July 31, 2017 Filing 563 Mail Returned as Undeliverable, "Forward Time Expired, Return to Sender." Order Adopting R&R dated 7/17/17 previously sent to William A. Kapell, Children's Rights. (Galeano, Sonia)
July 21, 2017 Filing 561 JUDGMENT, that The City of NY's breach-of-contract cross-claims against St. Joseph Services for Children, Inc., f/k/a Catholic Child Care Society of the Diocese of Brooklyn, Inc., Heartshare Human Services f/k/a Catholic Guardian Society of the Diocese of Brooklyn, Inc., and SCO Family Services f/k/a St. Christopher-Ottilie for failure to procure insurance; St. Joseph Services for Children, Inc. f/k/a Catholic Child Care Society of the Diocese of Brooklyn, Inc., Heartshare Human Services f/k/a Catholic Guardian Society of the Diocese of Brooklyn., and SCO Family of Services f/k/a St. Christopher-Ottilie third-party claims against Ishmatee Nagassar, Edwin Gould and Thelma Bowes's cross-claims against Ishmatee Nagassar; and Ishmatee Nagassar's cross-claims against Edwin Gould and Thelma Bowes's are dismissed without prejudice; and that all other claims; and third-party claims are dismissed with prejudice. (Ordered by Janet Hamilton, Deputy Clerk on 7/20/2017) c/m (Galeano, Sonia)
July 17, 2017 Opinion or Order ORDER ADOPTING REPORT AND RECOMMENDATION. With notice given, plaintiffs--the only party with an interest in plaintiffs' #496 amended motion to approve costs--have waived all objections to Magistrate Judge Marilyn D. Go's #559 supplemental report and recommendation, awarding costs. See #560 , #539 . In accordance with the applicable clear-error standard of review, see Dafeng Hengwei Textile Co. v. Aceco Indus. & Commercial Corp. , 54 F. Supp. 3d 279, 283 (E.D.N.Y. 2014), the Court has carefully reviewed Magistrate Judge Go's #538 initial report and recommendation and her #559 supplemental report and recommendation, and found the report and recommendation, as supplemented, to be correct, well-reasoned, and free of any clear error. The Court, therefore, adopts the report and recommendation, as supplemented, in its entirety as the opinion of the Court. Accordingly, plaintiffs' are awarded costs in the amount of $1,625,659.31. Costs, fees, and settlement payments shall be allocated to each plaintiff as set forth in [559-2] schedule B of Magistrate Judge Go's supplemental report and recommendation, and any interest earned on escrowed funds shall be paid to plaintiffs counsel. The $958,621.68 held in the escrow account shall be distributed as detailed in Magistrate Judge Go's #559 supplemental report and recommendation. Because this order resolves the last outstanding issue in controversy in this case, the Clerk of Court is respectfully directed to close this case and to issue judgment reflecting the following: The City of New York's breach-of-contract cross-claim against the Agency Defendants for failure to procure insurance; the Agency Defendants' third-party claims against Ishmatee Nagassar; Edwin Gould and Thelma Bowes's cross-claims against Nagassar; and Nagassar's cross-claims against Gould and Bowes are dismissed without prejudice, see June 23, 2017 Docket Order, June 5, 2017 Report and Recommendation, #552 , #502 , and all other claims; cross-claims; and third-party claims are dismissed with prejudice, see #550 , #503 , #498 , #475 , 388 , December 19, 2012 Docket Order, [382-1], #208 . Ordered by Judge Eric N. Vitaliano on 7/17/2017. (Fielding, Peter)
July 12, 2017 Filing 560 Letter Certificate of Agreement by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. (Babbitt, Theodore)
July 10, 2017 Opinion or Order Filing 559 SUPPLEMENTAL REPORT AND RECOMMENDATIONS re #496 Amended MOTION to Amend/Correct/Supplement to Approve Costs filed by Plaintiffs. Objections to R&R due by 7/27/2017. Ordered by Magistrate Judge Marilyn D. Go on 7/10/2017. (Attachments: #1 Appendix Schedule A, #2 Appendix Schedule B) (Go, Marilyn)
June 23, 2017 Filing 558 Letter by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. (Babbitt, Theodore)
June 23, 2017 Filing 557 Letter by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. (Attachments: #1 Summary of Payment) (Babbitt, Theodore)
June 23, 2017 Opinion or Order ORDER ADOPTING REPORT AND RECOMMENDATIONS. With notice given, no party has filed objections to the June 5, 2017, report and recommendation in which Magistrate Judge James Orenstein concluded that the City of New York's #552 motion to dismiss/decline supplemental jurisdiction should be granted. In accordance with the applicable clear-error standard of review, see Dafeng Hengwei Textile Co. v. Aceco Indus. & Commercial Corp., 54 F. Supp. 3d 279, 283 (E.D.N.Y. 2014), the Court has carefully reviewed Magistrate Judge Orenstein's report and recommendation, and found it to be correct, well-reasoned, and free of any clear error. The Court, therefore, adopts it in its entirety as the opinion of the Court. Accordingly, the City of New York's #552 motion to dismiss/decline supplemental jurisdiction is granted, and the sole remaining cross-claim in this action, the City of New York's breach-of-contract claim against the Agency Defendants, is dismissed. Ordered by Judge Eric N. Vitaliano on 6/23/2017. (Fielding, Peter)
June 22, 2017 Opinion or Order ORDER granting in part and denying in part #556 Motion for Leave to Electronically File Document under Seal. The motion is granted as to the attachment listing the names of the plaintiffs, DE 556-3, which shall remain under seal. Counsel is requested to file the remainder of the submission (DE 556-1 and 556-2) publicly. Ordered by Magistrate Judge Marilyn D. Go on 6/22/2017. (Go, Marilyn)
June 15, 2017 Filing 556 MOTION for Leave to Electronically File Document under Seal by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Letter to Judge Go, #2 Summary of Deposits and Payments, #3 Names) (Babbitt, Theodore)
June 14, 2017 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go:Motion Hearing held on 6/14/2017 re #538 REPORT AND RECOMMENDATIONS re #496 , #490 MOTIONs for Approval and for Disbursement of Costs. Appearance by T. Babbitt for plaintiffs (by tel.). Discussion held regarding motion for costs, with accountants Caryl Neal and Nancy Richardson and Donna Collucci, controller for Babbitt & Johnson, participating. Plaintiffs shall provide a further and more detailed summary of deposits and payments with respect to settlement proceeds which includes specific information regarding payments made for structured annuities acquired under each settlement and an explanation regarding payments made on behalf of plaintiffs out of settlement proceeds. (Tape #FTR 11:08-11:34.) (Go, Marilyn)
June 12, 2017 Filing 555 Letter Response by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. (Attachments: #1 Exhibit A, #2 Exhibit B) (Babbitt, Theodore)
June 6, 2017 Opinion or Order SCHEDULING ORDER: Plaintiffs' counsel must appear by telephone for a conference to be held on Wednesday, June 14, 2017 at 11:00 a.m. to discuss plaintiffs' letters #551 , #554 . As previously discussed, this Court requires information about the distribution of settlement proceeds, including the amounts of deposits into and disbursements from the attorney escrow account. Such information should including the total amount of payments made to plaintiffs and to counsel after each settlement and the amounts deposited and released from the escrow account. To assist in focusing discussion, this Court will fax two versions of a revised draft Appendix A and some calculations. Ordered by Magistrate Judge Marilyn D. Go on 6/6/2017. (Go, Marilyn)
June 5, 2017 Filing 554 Letter Response to Court's Scheduling Order of May 31, 2017, and Amended Scheduling Order of June 1, 2017 by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. (Attachments: #1 Exhibit A - Summary of Costs, #2 Exhibit B - Summary of Deposits) (Babbitt, Theodore)
June 5, 2017 Opinion or Order REPORT AND RECOMMENDATIONS re #552 Letter MOTION to Dismiss /Decline Supplemental Jurisdiction filed by City of New York -- All of the defendants now agree that this court should dismiss without prejudice the sole remaining claims in this litigation: the cross-claims asserted by the City of New York (the "City") against the Agency defendants. See Docket Entry ("DE") #552 ; DE #553 . I therefore respectfully recommend that the court grant the City's motion for such relief. Any objections to this Report and Recommendation must be filed no later than June 22, 2017. Failure to file objections within this period designating the particular issues to be reviewed waives the right to appeal the district court's order. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(2); Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84, 92 (2d Cir. 2010). Ordered by Magistrate Judge James Orenstein on 6/5/2017. (Klewin, Erin)
June 1, 2017 Opinion or Order AMENDED SCHEDULING ORDER: In addition to the information required in the scheduling order electronically filed on 5/31/2017, plaintiffs' counsel must provide a breakdown of all monies deposited into the escrow account, including amounts for payments to be made to LG and JG as a resulted of reallocation of costs. Ordered by Magistrate Judge Marilyn D. Go on 6/1/2017. (Go, Marilyn)
May 31, 2017 Filing 553 RESPONSE to Motion re #552 Letter MOTION to Dismiss /Decline Supplemental Jurisdiction Opposition to letter Motion of City (552) filed by Heartshare Human Services. (Rosof, Jeremy)
May 31, 2017 Opinion or Order SCHEDULING ORDER: The #551 Letter of plaintiffs' counsel contains a breakdown of distributions to the plaintiffs and to attorneys for fees, but does not specify the distributions made to attorneys for costs. Counsel is requested to provide a breakdown of payments made for costs, including dates of such distributions, by June 6, 2017. Ordered by Magistrate Judge Marilyn D. Go on 5/31/2017. (Go, Marilyn)
May 26, 2017 Filing 552 Letter MOTION to Dismiss /Decline Supplemental Jurisdiction by City of New York. (Strikowsky, Bruce)
May 26, 2017 Opinion or Order ORDER REFERRING MOTION: #552 Letter MOTION to Dismiss /Decline Supplemental Jurisdiction filed by City of New York. The motion to dismiss is respectfully referred to Magistrate Judge James Orenstein for a report and recommendation as to his findings. Ordered by Judge Eric N. Vitaliano on 5/26/2017. (Fielding, Peter)
May 22, 2017 Filing 551 Letter Response by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. (Attachments: #1 Exhibit A) (Babbitt, Theodore)
May 18, 2017 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go:Motion Hearing held on 5/18/2017 re #538 REPORT AND RECOMMENDATIONS re #490 #496 MOTION to Approve Costs. Appearances by tel. by T. Babbitt, J. Murphy for plaintiffs. Discussion held with accountants Caryl Neal and Nancy Richardson participating. The Court notes that the numbers in the revised accountant's report regarding reallocations of costs and proposed distributions to be made from escrow appear to be consistent with the numbers discussed Court's 5/5/2017 order. However, the plaintiffs must provide further information regarding the actual distribution to plaintiffs and counsel of all settlement monies, including the funds to and from escrow, to enable determination whether all the plaintiffs will the received the proper amounts. (Tape #FTR 11:07-11:22). (Go, Marilyn)
May 17, 2017 Opinion or Order Filing 550 ORDER OF PARTIAL VOLUNTARY DISMISSAL, That the cross-claims that defts have asserted against one another in this action shall be and hereby are voluntarily dismissed, with prejudice, pursuant to the FRCP 41(a)(1)(A)(ii), except that the City Defts' cross-claim against the Agency Defts for breach of contract based upon the failure to procure insurance ("Second Cross-Claim") shall survive this stipulation of partial voluntary dismissal and shall not be dismissed. (Ordered by Judge Eric N. Vitaliano on 5/17/2017) c/m (Galeano, Sonia)
May 17, 2017 Filing 549 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 5/17/2017. The parties have resolved all cross-claims except for the City's claim that the Agency defendants breached their obligation to procure insurance. The City will submit a letter motion by May 26, 2017, seeking dismissal of that claim without prejudice, so as to allow the claim to be prosecuted in state court. The Agency defendants will submit a letter opposing the motion by June 2, 2017. Once that motion is resolved, I will schedule further proceedings as appropriate. (Orenstein, James)
May 15, 2017 Filing 548 STIPULATION of Dismissal Stipulation of Partial Voluntary Dismissal Pursuant to F.R.C.P. (a)(1)(A)(ii) by City of New York (Schaerf, Carl)
May 15, 2017 Filing 547 STATUS REPORT Joint letter in advance of May 17, 2017 conference by City of New York (Schaerf, Carl)
May 11, 2017 Filing 546 Letter Response to Judge Go's Order [DE 544] by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. (Attachments: #1 Exhibit A - Cancelled checks, #2 Exhibit B - Accountants Report) (Babbitt, Theodore)
May 8, 2017 Filing 545 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 5/8/2017. SCHEDULING: The next status conference will be held on May 17, 2017, at 10:30 a.m. SUMMARY: The parties will confer as to a possible resolution of their respective claims or, in the absence of a settlement, the remaining steps needed to prepare those claims for trial. They will submit a status report on those matters (including, as appropriate, a reference to previously terminated motions that are now ripe for resolution) by May 15, 2017. I will expect the parties to be fully prepared to discuss and resolve any remaining discovery matters at the next conference and to set an expedited schedule for all remaining pretrial tasks. (Orenstein, James)
May 5, 2017 Opinion or Order Filing 544 SCHEDULING ORDER: A telephone conference will be held on May 18, 2017 at 11:00 a.m. to discuss the #538 REPORT AND RECOMMENDATIONS re #496 Amended MOTION to Amend/Correct/Supplement to Approve Costs. Plaintiffs' counsel must participate. The Court respectfully requests that the Clerk of the Court seal the accountant's report [543-1] and directs that all parties continue to maintain the anonymity of the plaintiffs, as set forth in the order. Ordered by Magistrate Judge Marilyn D. Go on 5/5/2017. (Attachments: #1 Appendix) (Go, Marilyn)
April 19, 2017 Opinion or Order ORDER RETURNING REPORT AND RECOMMENDATION. Although plaintiffs' #543 objection to Magistrate Judge Marilyn D. Go's #538 report and recommendation does not challenge her reasoning or her recommendation as to what should be approved as costs, the objection highlights computational discrepancies revealed by an analysis performed by an accountant retained by plaintiffs. Accordingly, the report and recommendation is returned to Magistrate Judge Go to consider the computational discrepancies raised by plaintiffs. See Fed. R. Civ. P. 72(b)(3). Ordered by Judge Eric N. Vitaliano on 4/19/2017. (Fielding, Peter)
April 6, 2017 Filing 543 RESPONSE in Opposition re #538 REPORT AND RECOMMENDATIONS re #496 Amended MOTION to Amend/Correct/Supplement to Approve Costs filed by S.B., T.L., J.B., R.E., J.L., C.B., J.G., S.W., T.G., L.J. filed by All Plaintiffs. (Attachments: #1 Exhibit Report of Moore Ellrich & Neal) (Babbitt, Theodore)
March 15, 2017 Opinion or Order SCHEDULING ORDER: re #542 Letter, filed by City of New York -- A status conference will be held on May 8, 2017, at 11:30 a.m. Ordered by Magistrate Judge James Orenstein on 3/15/2017. (Klewin, Erin)
March 13, 2017 Filing 542 Letter submitted jointly on behalf of the City of New York and the Agency Defendants in response to this Court's February 7, 2017 directive by City of New York (Strikowsky, Bruce) (Main Document 542 replaced on 3/13/2017 per phone request). (Layne, Monique).
March 3, 2017 Filing 541 MOTION to Withdraw as Attorney by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Proposed Order) (Gonzalez, Juan)
March 3, 2017 Opinion or Order ORDER granting #541 Motion to Withdraw as Attorney. Attorney Juan C. Gonzalez terminated. Ordered by Magistrate Judge James Orenstein on 3/3/2017. (Guy, Alicia)
March 1, 2017 Filing 540 MOTION for Extension of Time to File Response to Judge Go's Report and Recommendation [DE 538] by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Babbitt, Theodore)
March 1, 2017 Opinion or Order ORDER granting #540 Motion for Extension of Time to File -- The motion is granted; the plaintiffs' time to file objections to the Report and Recommendation issued on February 6, 2017, see docket entry #538 , is extended to April 9, 2017. Ordered by Magistrate Judge James Orenstein on 3/1/2017. (Klewin, Erin)
February 7, 2017 Filing 539 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 2/7/2017. SCHEDULING: There are no further conferences scheduled before me at this time. SUMMARY: (1) I granted the plaintiffs an extension of the time to file objections to the Report and Recommendation issued on February 6, 2017; any such objections shall be filed by March 9, 2017. The defendants are excused from attending any future conferences before me relating to the plaintiffs' request for the reimbursement of costs. (2)On consent of all defendants, I will terminate the outstanding requests for procedural relief, without prejudice to any defendant seeking appropriate relief once the state court has ruled on summary judgment motions in related state court litigation. Once such a ruling has been issued, the parties will promptly submit a joint status report that proposes conference dates; in the absence of a ruling, the parties will submit a joint status report by May 8, 2017. (3) As discussed with the parties, the decision to await the state court ruling is intended to avoid placing any constraint, actual or perceived, on the options available to the state court in deciding how best to resolve the issues before it. (Orenstein, James) (Main Document 539 replaced on 2/7/2017) (Guy, Alicia). Modified on 2/7/2017 (Guy, Alicia).
February 7, 2017 Opinion or Order ORDER terminating #509 Motion to Stay -- see docket entry #539 . Ordered by Magistrate Judge James Orenstein on 2/7/2017. (Orenstein, James)
February 6, 2017 Opinion or Order Filing 538 REPORT AND RECOMMENDATIONS: re #490 , #496 MOTION to to Approve Costs filed by S.B., T.L., J.B., R.E., J.L., C.B., J.G., S.W., T.G., L.J. Objections to R&R due by 2/20/2017. Ordered by Magistrate Judge Marilyn D. Go on 2/6/2017. (Attachments: #1 Appendix A - Disposition of Settlement Proceeds, #2 Appendix B - Allocation of Costs) (Go, Marilyn)
February 3, 2017 Filing 537 RESPONSE to Motion re #519 MOTION for pre motion conference for status conference and Case History Summary and Motion to Approve Costs filed by All Plaintiffs. (Attachments: #1 Exhibit DE385 Memorandum and Order, #2 Exhibit DE 493 Memorandum & Order) (Babbitt, Theodore)
January 25, 2017 Opinion or Order ORDER granting #519 Motion for Pre Motion Conference; granting #536 Motion for Hearing -- A status conference will be held on February 7, 2017 at 10:30 a.m. Counsel for all parties are directed to appear in person. Ordered by Magistrate Judge James Orenstein on 1/25/2017. (Klewin, Erin)
December 20, 2016 Opinion or Order ORDER granting #523 Motion to Withdraw as Attorney -- The application is granted; attorney Adam S. Covitt terminated. Ordered by Magistrate Judge James Orenstein on 12/20/2016. (Klewin, Erin)
December 8, 2016 Filing 536 Letter MOTION for Hearing In-Person Status Conference by City of New York. (Strikowsky, Bruce)
December 6, 2016 Filing 535 Letter Motion for Status Conference by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Babbitt, Theodore)
December 1, 2016 Opinion or Order ORDER re #529 Letter filed by St. Joseph Services for Children, Inc. -- The application is granted. The proposed amendment to the Protective Order dated February 5, 2010, see docket entry #82 , is so ordered, without prejudice to the right of any interested party to seek further modifications later. Ordered by Magistrate Judge James Orenstein on 12/1/2016. (Klewin, Erin)
November 28, 2016 Filing 534 Letter to Magistrate Judge Orenstein Regarding Proposed Amendment to Protective Order by Illinois National Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (DiUbaldo, Robert)
November 28, 2016 Filing 533 Letter by SCO Family of Services(a New York Corporation) (Rosof, Jeremy)
November 28, 2016 Case Reassigned to Magistrate Judge James Orenstein. Magistrate Judge Marilyn D. Go no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to James Orenstein. (Marziliano, August)
November 7, 2016 Filing 532 Letter to Magistrate Judge Go Regarding Proposed Amendment to Protective Order by Illinois National Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA (Attachments: #1 Exhibit A Judge Kern's Order Granting Adjournment) (DiUbaldo, Robert)
October 25, 2016 Filing 531 Letter Regarding Proposed Amendment to Protective Order by National Union Fire Insurance Company of Pittsburgh, PA, Illinois National Insurance Company (Attachments: #1 Exhibit September 28, 2016 Letter to Judge Go from Agency Defendants, #2 Proposed Amendment to Protective Order) (DiUbaldo, Robert)
September 30, 2016 Filing 530 Letter to Magistrate Judge Go in response to September 28, 2016 Letter from counsel for the Agency Defendants by City of New York (Strikowsky, Bruce)
September 28, 2016 Filing 529 Letter by St. Joseph Services for Children, Inc. (Attachments: #1 Proposed Order Amendment to Protective Order) (Rosof, Jeremy)
September 14, 2016 Opinion or Order ORDER. The City's #525 request for pre-motion conference to discuss a proposed motion to dismiss is respectfully referred to Magistrate Judge Marilyn D. Go. Ordered by Judge Eric N. Vitaliano on 9/14/2016. (Rice, Liane)
September 8, 2016 Filing 528 NOTICE to Terminate Electronic Filing, filed by Charles E. Kutner, Atty for Third Party Deft Ralph Squitieri. (Galeano, Sonia)
September 8, 2016 Filing 527 NOTICE by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W. re #525 Letter Response to Request of City of New York (Babbitt, Theodore)
September 7, 2016 Filing 526 Letter to Justice Vitaliano in response to pre motion ltr by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. (Ahmuty, Steven)
September 6, 2016 Opinion or Order ORDER. Plaintiffs are to file a response to #525 by 9/9/2016, in accordance with this Court's Individual Rules. Ordered by Judge Eric N. Vitaliano on 9/6/2016. (Rice, Liane)
September 2, 2016 Filing 525 Letter to Honorable Eric Vitaliano by City of New York (Schaerf, Carl)
July 22, 2016 Filing 524 Letter to Magistrate Judge Go advising of a development in the state court action by City of New York (Attachments: #1 Memorandum of Law in Support of National Union's and Illinois National's Motion for Partial Summary Judgment) (Strikowsky, Bruce)
June 27, 2016 Filing 523 MOTION to Withdraw as Attorney by SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Covitt, Adam)
June 13, 2016 Filing 522 STATUS REPORT Letter to Magistrate Judge Go by City of New York (Strikowsky, Bruce)
June 13, 2016 Filing 521 Letter Status report to Judge Go relating to the City's Stay Motion by St. Joseph Services for Children, Inc. (Rosof, Jeremy)
June 10, 2016 Filing 520 TRANSCRIPT of Proceedings held on May 23, 2016, before Judge Go. Court Transcriber: Fiore Reporting and Transcription Service, Inc, Telephone number (203)929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/1/2016. Redacted Transcript Deadline set for 7/11/2016. Release of Transcript Restriction set for 9/8/2016. (Rocco, Christine)
June 2, 2016 Minute Entry for Status Conference held on 6/2/2016 before Magistrate Judge Marilyn D. Go: Appearances by C. Schaerf, B. Strikowsky, A. Kleinman for City defendants; J. Rosof for Agency defendants. Further argument held regarding #509 motion to stay. The Agency defendants set forth the four arguments. The parties must file a status report by 6/13/16 as to the Court's proposal that the parties discontinue their indemnification and contribution claims and their respective positions on the discovery necessary for disposition of these and other cross claims and defenses. FTR/c: 3:49-4:13 (Hugh, Lewis)
June 1, 2016 NOTICE: the conference set for 6/2/16 at 3:30 p.m. will be held by telephone. (Proujansky, Josh)
May 23, 2016 Minute Entry for Status Conference held on 5/23/2016 before Magistrate Judge Marilyn D. Go: Appearances by B. Strikowsky, A. Kleinman for City defendants; S. Ahmuty, B. Clements for Agency defendants. Argument heard regarding developments in state court coverage action in relation to City's #509 motion to stay. The parties must confer regarding City's proposal to discontinue claims in this action in favor of state court coverage action. Next conference scheduled for 6/2/16 at 3:30 p.m. The parties may seek to convert the in-person appearance to a telephone conference. FTR 11:27-12:00. (Hugh, Lewis)
May 6, 2016 Filing 519 MOTION for pre motion conference for status conference by S.W.. (Babbitt, Theodore)
May 5, 2016 Opinion or Order SCHEDULING ORDER: a conference to discuss the pending motion to stay will be held on 5/23/2016 at 11:30 AM in Courtroom 11C South before Magistrate Judge Marilyn D. Go. Ordered by Magistrate Judge Marilyn D. Go on 5/5/2016. (Proujansky, Josh)
April 27, 2016 Filing 518 Letter in response to Agency Defendants Letter dated 4/25/16 by City of New York (Strikowsky, Bruce)
April 25, 2016 Filing 517 Letter to Judge Go responding to City's Letter dated 4/18/16 (Docket Entry #516) by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (Rosof, Jeremy)
April 18, 2016 Filing 516 Letter to Magistrate Judge Go advising of recent developments in the state court proceeding by City of New York (Strikowsky, Bruce)
February 18, 2016 Filing 515 Letter to Magistrate Judge Go advising of state court order by City of New York (Strikowsky, Bruce)
July 6, 2015 Opinion or Order Filing 514 ORDER re #496 Amended MOTION to Amend/Correct/Supplement to Approve Costs filed by S.B., T.L., J.B., R.E., J.L., C.B., J.G., S.W., T.G., L.J. Ordered that $280,354.41 of the settlement funds held in escrow be disbursed to plaintiffs' counsel and that the remainder continue to be held by plaintiffs' counsel in escrow pending approval by the Court. Ordered by Magistrate Judge Marilyn D. Go on 7/6/2015. (Proujansky, Josh)
June 18, 2015 Filing 513 RESPONSE in Opposition re #509 Letter MOTION to Stay And In Opposition To City's Supplemental Brief #512 filed by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit AIG/Chartis Letter Dated 10/11/2012) (Rosof, Jeremy)
June 12, 2015 Filing 512 MEMORANDUM in Support re #509 Letter MOTION to Stay Supplemental Brief filed by City of New York. (Strikowsky, Bruce)
June 3, 2015 Minute Entry for Settlement Conference/Motion Hearing held on 6/3/2015 before Magistrate Judge Marilyn D. Go: Appearances by tel. by B. Strikowsky and C. Schaerf for the City defendants; T. Capowski and J. Rosof for the Agency defendants. Argument heard regarding the City defendants' #509 motion to stay. Supplemental briefs by the City defendants must be filed by 6/12/15 and the Agency defendants' by 6/19/15. Preliminary settlement discussions held. The parties are encouraged to contact chambers to schedule a settlement conference if they feel it would be useful. FTR/C 3:02-3:16. (Hugh, Lewis)
June 1, 2015 NOTICE: the conference scheduled for 6/3/15 will be held by telephone. (Proujansky, Josh)
May 27, 2015 Filing 511 REPLY in Support re #509 Letter MOTION to Stay filed by City of New York. (Schaerf, Carl)
May 21, 2015 Filing 510 RESPONSE to Motion re #509 Letter MOTION to Stay filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Ahmuty, Steven)
May 13, 2015 Filing 509 Letter MOTION to Stay by City of New York. (Attachments: #1 National Union v. Roman Catholic Diocese of Brooklyn - Summons and Complaint) (Schaerf, Carl)
May 13, 2015 Opinion or Order SCHEDULING ORDER: re #509 Letter MOTION to Stay filed by City of New York. The Agency defendants' response must be filed by 5/21/15 and the City's reply by 5/27/15. The schedule previously set for motions to compel is adjourned. The motion to stay will be discussed at the conference scheduled for 6/3/15 at 3:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 5/13/2015. (Proujansky, Josh)
April 23, 2015 Filing 508 First MOTION for Extension of Time to File Motion to Compel, Letter Motion to Adjourn Conference by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.(a New York Corporation). (Rosof, Jeremy)
April 23, 2015 Opinion or Order ORDER granting #508 Motion for Extension of Time to File motion to compel, as follows: moving papers filed by 5/14/15, opposition filed by 5/26/15 and reply by 5/29/15. The next conference is adjourned to 6/3/2015 at 3:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 4/23/2015. (Go, Marilyn)
March 23, 2015 Filing 507 Letter MOTION for Extension of Time to File Motion to Compel, Letter MOTION to Adjourn Conference by City of New York. (Strikowsky, Bruce)
March 23, 2015 Opinion or Order ORDER granting #507 Motion for Extension of Time to File. Any motion to compel must be filed by 4/23/15, opposition by 5/4/15 and reply by 5/8/15. If neither party intends to file a motion to compel, the parties must file a report on the status of discovery by 4/23/15. The next conference is adjourned to 5/14/15 at 2:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 3/23/2015. (Proujansky, Josh)
February 23, 2015 Filing 506 Letter MOTION for Extension of Time to File Motion to Compel, Letter MOTION to Adjourn Conference by City of New York. (Schaerf, Carl)
February 23, 2015 Opinion or Order ORDER granting #506 Motion for Extension of Time to File; granting #506 Motion to Adjourn Conference. Any motion to compel must be filed by 3/23/15, opposition by 4/2/15 and reply by 4/6/15. If neither party intends to file a motion to compel, the parties must file a report on the status of discovery by 3/23/15. The next conference is adjourned to 4/9/15 at 2:30 p.m. Ordered by Magistrate Judge Marilyn D. Go on 2/23/2015. (Proujansky, Josh)
February 2, 2015 Filing 505 Letter MOTION for Disbursement of Funds (Partial) Being Held in Escrow by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Babbitt, Theodore)
January 21, 2015 Filing 504 Letter MOTION for Extension of Time to File Motion to Compel, Letter MOTION to Adjourn Conference by City of New York. (Schaerf, Carl)
January 21, 2015 Opinion or Order AMENDED ORDER granting #504 Motion for Extension of Time to File; granting #504 Motion to Adjourn Conference. Any motion to compel must be filed by 2/23/15, opposition by 3/2/15 and reply by 3/6/15. If neither party intends to file a motion to compel, the parties must file a report on the status of discovery by 2/23/15. The next conference is adjourned to 3/12/15 at 2:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 1/21/2015. (Proujansky, Josh) Modified on 1/21/2015 (Hugh, Lewis).
January 14, 2015 Opinion or Order Filing 503 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL pursuant to FRCP 41(a)(1)(A)(ii). (So Ordered by Judge Eric N. Vitaliano on 1/14/15). Must See Document For Further Details. (Galeano, Sonia)
January 8, 2015 Opinion or Order Filing 502 MEMORANDUM AND ORDER, For the foregoing reasons, pursuant to Rules 41(a)(2) and (c), the Agency deft's claims, as well as Gould and Bowe's cross-claims, against Nagassar are dismissed without prejudice. Nagassar's cross-claims against Gould and Bowes's are similarly dismissed without prejudice, pursuant to Rules 41(b) and (c) for failure to prosecute. (Ordered by Judge Eric N. Vitaliano on 12/28/14)m c/m (Galeano, Sonia)
December 23, 2014 Minute Entry for Status Conference held on 12/23/2014 before Magistrate Judge Marilyn D. Go: Appearances by T. Babbitt for plaintiffs; S. Ahmuty, J. Rosof for Agency defendants; C. Schaerf, B. Strikowsky for City defendants. Preliminary discussion held regarding defendants' responses to each other's discovery requests. The parties must confer in an effort to resolve the disputes. Any motion to compel must be filed by 1/22/15, opposition by 1/29/15 and reply by 2/2/15. Next conference scheduled for 2/6/15 at 2:00 p.m. (by tel.) FTR/C 2:07-2:20. (Hugh, Lewis)
December 22, 2014 Filing 501 Letter to Judge Go by City of New York (Schaerf, Carl)
December 22, 2014 Filing 500 Letter Response to City of New York's Letter #499 by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Ahmuty, Steven)
December 17, 2014 Filing 499 Letter by City of New York (Schaerf, Carl)
December 17, 2014 Opinion or Order SCHEDULING ORDER: re #499 Letter filed by City of New York. The Agency defendants' response must be filed by 12/22/14 at 12:00 p.m. The issues raised will be discussed at the conference set for 12/23/14 which will be held by telephone. Ordered by Magistrate Judge Marilyn D. Go on 12/17/2014. (Proujansky, Josh)
November 21, 2014 Opinion or Order Filing 498 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: The third-party claims asserted by defendants/third-party plaintiffs City of New York and Administration for Children's Services (together, "the City") are voluntarily dismissed,with prejudice, with each party to bear the costs it incurred: (See doc. for further details) Ordered by Judge Eric N. Vitaliano on 11/12/2014. (Brucella, Michelle)
October 31, 2014 Filing 497 RESPONSE to Motion re #490 MOTION for Settlement Approval and for Disbursement of Costs Held in Escrow In Support Thereof filed by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Babbitt, Theodore)
October 2, 2014 Filing 496 Amended MOTION to Amend/Correct/Supplement to Approve Costs by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Babbitt, Theodore)
October 2, 2014 Filing 495 Letter MOTION to Dismiss by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Stipulation of Voluntary Dismissal, #2 Exhibit A, #3 Exhibit B) (Ahmuty, Steven)
September 23, 2014 Minute Entry for Status/Settlement Conference held on 9/23/2014 before Magistrate Judge Marilyn D. Go: Appearances by H. Talenfeld for plaintiffs; B. Strikowsky, C. Schaerf for City defendants; S. Ahmuty, J. Rosof for Agency defendants. Plaintiffs may submit a revised application for costs by 10/7/14. Defendants reported that they are preparing stipulations to dismiss third party claims. Settlement discussions held, but settlement is not possible at this time. The parties should call for a further settlement conference if their positions change. The Agency defendants' application to conduct discovery is granted. Discovery must be completed by 12/23/14. Next conference scheduled for 12/23/14 at 2:00 p.m. FTR 3:05-3:19 (Hugh, Lewis)
September 23, 2014 Filing 494 STIPULATION of Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(ii) by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (Attachments: #1 Stipulation of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(ii)) (Ahmuty, Steven)
September 19, 2014 Opinion or Order Filing 493 MEMORANDUM AND ORDER re #490 Motion for Settlement: It is hereby ORDERED, that the guardians are hereby authorized and empowered to settle this action against St. Joseph Services for Children, Inc., Heartshare Human Services and SCO Family of Services in the amounts described in the papers submitted, and to execute a General Release to the defendants conditioned upon the payment of said amount in accordance with this Order and to sign all papers necessary in that connection (see order for details). Ordered by Judge Eric N. Vitaliano on 9/11/2014. (Fernandez, Erica)
September 5, 2014 Filing 492 NOTICE by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. of Filing Supplemental Exhibits (Attachments: #1 Exhibit M-1 RE Settlement Agreement and Release, #2 Exhibit M-3 S.W. Settlement Agreement and Release) (Babbitt, Theodore)
September 4, 2014 Filing 491 NOTICE by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. re #490 MOTION for Settlement Approval and for Disbursement of Costs Held in Escrow of Filing Supplemental Exhibits (Attachments: #1 Exhibit E-4, #2 Exhibit E-5, #3 Exhibit E-6) (Babbitt, Theodore)
August 25, 2014 Opinion or Order Filing 490 MOTION for Settlement Approval and for Disbursement of Costs Held in Escrow by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Exhibit A - Orders Entered by Judge Vitaliano, #2 Exhibit B - Original Pro Rata Shares, #3 Exhibit C - Amended Authority to Represent, #4 Exhibit D - Adjusted Pro Rata Shares for Settlement 1, #5 Exhibit E - Orders Approving Second Settlement, #6 Exhibit F - Orders Approving First Settlement, #7 Exhibit G - Closing Statements, #8 Exhibit H - Costs - Second Settlement, #9 Exhibit I - Costs - Attributable to JG and LG, #10 Exhibit J - Costs - Submitted on January 31, 2013, #11 Exhibit K - Categorical Summaries Submitted on January 31, 2013, #12 Exhibit L - Mediation Agreement, #13 Exhibit M - Settlement Agreement and Releases) (Babbitt, Theodore)
August 18, 2014 Opinion or Order ORDER granting 488 Motion for Leave to Electronically File Document under Seal; denying 489 Motion for Leave to Electronically File Document under Seal. Although plaintiffs consented to unsealing of these filings at a conference held on August 15, 2014, after counsel conferred with their clients, plaintiffs contacted chambers and requested that their identities remain confidential. Given the nature of some of the allegations in this action, I find good cause exists to protect the plaintiffs' identities which are revealed in many of the documents submitted with 488 . Plaintiffs' counsel must re-file the motion papers publicly with appropriate redactions along with copies of the settlement agreement, releases, structured settlement documents and subsequent orders of the Florida court. Ordered by Magistrate Judge Marilyn D. Go on 8/18/2014. (Proujansky, Josh)
August 15, 2014 Minute Entry for Status Conference held on 8/15/2014 before Magistrate Judge Marilyn D. Go: Appearances by T. Babbitt, H. Talenfeld for plaintiffs; C. Schaerf, B. Strikowsky for the City defendants; S. Ahmuty, J. Rosof for the Agency defendants; T. Catalano for Edwin Gould. Plaintiffs shall supplement their motion for approval as discussed, including publicly filing a motion for approval with redactions, as may be appropriate. The defendants confirmed that they will discontinue their third party claims and indemnification cross-claims. The defendants must exchange initial disclosures regarding remaining cross-claims by 9/16/14. Any further discovery on the cross- claims will be discussed at the next conference. Preliminary settlement discussions held regarding remaining City defendant's cross claims for failure to obtain insurance and contribution. Next conference scheduled for 9/23/14 at 3:00 p.m. FTR 2:11-2:44. (Hugh, Lewis)
August 8, 2014 Filing 487 Letter informing the Court of the claims and third-party claims the City intends to pursue, and those it does not intend to pursue by City of New York (Schaerf, Carl)
August 8, 2014 Filing 486 Letter Informing Court of Agency Defendants' Position With Respect to Their Pending Cross Claims and Third-Party Claims by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (Attachments: #1 Certificate of Service) (Ahmuty, Steven)
July 31, 2014 Minute Entry for Status Conference held on 7/31/2014 before Magistrate Judge Marilyn D. Go: Appearances by T. Babbitt, H. Talenfeld for plaintiffs; S. Ahmuty, J. Rosof, T. Capowski, R. Ortiz for the Agency defendants; B. Strikowsky, C. Schaerf for the City defendants; T. Catalano for Edwin Gould; S. Smith-Valentine for Bowes. The City defendants report that they will voluntarily dismiss their third party claims against Bowes and will pursue default judgment only against Judith Leekin. The City defendants and the Agency defendants must each file a report by 8/8/14 as to which cross-claims and third-party claims they intend to pursue. Next conference scheduled for 8/15/14 at 2:00 p.m. at which the City defendants and the Agency defendants must appear in-person and the other parties may appear by telephone. The plaintiffs must file a motion for approval of the settlement and disbursement of costs by 8/14/14. FTR/C 2:08-2:34. (Hugh, Lewis)
July 25, 2014 Filing 485 Letter regarding availability to schedule a hearing by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. (Babbitt, Theodore)
July 14, 2014 Filing 484 Letter Pursuant to Minute Entry Regarding Schedule for Filing Motion for Approval of the Settlement and Costs by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. (Babbitt, Theodore)
July 8, 2014 Filing 483 Letter Providing Dates of Availability by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. (Babbitt, Theodore)
July 8, 2014 Minute Entry for Status Conference held on 7/8/2014 before Magistrate Judge Marilyn D. Go. Appearances by S. Le Clainche, A. Romanelli, A. Sundarsingh, H. Talenfeld for plaintiffs; T. Capowski, J. Rosof for Agency defendants; B. Strikowsky for City defendants; S. Smith-Valentine for Thelma Bowes; T. Catalano, C. Shiner for Edwin Gould. Discussions held regarding status of cross-claims and third-party claims. Plaintiffs must submit a letter by 7/11/14 proposing a schedule for filing a motion for approval of the settlement and costs. If the defendants have not made progress towards a resolution of the cross-claims, a discovery schedule will be set at the next conference scheduled for 7/31/14 at 2:00 p.m. (by tel.) (Go, Marilyn)
July 4, 2014 Filing 482 NOTICE of Change of Address of LESTER SCHWAB KATZ & DWYER by Thomas A. Catalano new: 100 Wall St, New York, NY 10005) (Catalano, Thomas)
June 25, 2014 Minute Entry for Status Conference held on 6/25/2014 before Magistrate Judge Marilyn D. Go: Appearances by T. Babbitt for plaintiffs; S. Ahmuty, T. Capowski, J. Rosof for the Agency defendants; B. Strikowsky for the City defendants; and T. Catalano for Edwin Gould. Parties reported that plaintiffs and the Agency defendants reached an agreement to settle. Discussions held regarding status of action following settlement. As discussed, the City defendants and the Agency defendants must confer in advance of the next conference scheduled for 7/3/14 at 1:00 p.m. (by tel.) NOTICE: the parties are requested to arrange for a conference call and to notify the court before the call as to the arrangements. (Hugh, Lewis)
April 22, 2014 Opinion or Order ORDER granting #481 Motion to Withdraw as Attorney. Attorney Melissa Cohen terminated. Ordered by Magistrate Judge Marilyn D. Go on 4/22/2014. (Hugh, Lewis)
April 18, 2014 Minute Entry for Status Conference held on 4/18/2014 before Magistrate Judge Marilyn D. Go: Appearances by T. Babbitt, H. Talenfeld, W. Kapell, J. Walsh, A. Sundarsingh for plaintiffs; T. Capowski, J. Rosof for the Agency defendants; T. Catalano, C. Shiner for Edwin Gould. Parties reported that private mediation is scheduled. Next conference scheduled for 6/25/14 at 9:30 a.m. (by tel.) (Hugh, Lewis)
April 18, 2014 Filing 481 MOTION to Withdraw as Attorney Melissa Cohen by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Proposed Order A - Proposed Order) (Cohen, Melissa)
March 13, 2014 Opinion or Order Filing 480 ORDER denying #477 Motion for Certificate of Appealability: For the foregoing reasons, the Court declines to grant certification for interlocutory appeal pursuant to 28 U.S.C. 1292(b). Ordered by Judge Eric N. Vitaliano on 3/10/2014. (Fernandez, Erica)
March 7, 2014 Minute Entry for Settlement Conference held on 3/7/2014 before Magistrate Judge Marilyn D. Go: Appearances by T. Babbitt for plaintiffs; S. Ahmuty, T. Capowski and J. Rosof for the Agency defendants; C. Shiner and T. Catalano for Edwin Gould. Plaintiffs and the Agency defendants reported that they will engage in private mediation. The discovery stay is continued until the next conference scheduled for 4/18/14 at 9:30 a.m. (by tel.) (Hugh, Lewis)
February 26, 2014 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go on 2/7/2014. Appearances by T. Babbitt, A. Romanelli, H. Talenfeld, J. Walsh, A. Sundarsingh, W. Kappel, J. Pearl for plaintiff; S. Ahmuty, J. Rosof, T. Capowski for the Agency defendants w/ representative of client; C. Schaerf for the City; R. Eniclerico and T. Catalano for Edwin Gould. Further settlement discussions are not possible at this time. Discovery is stayed until next conference scheduled for 3/7/14 at 9:30 a.m. (by tel.) (Proujansky, Josh)
February 24, 2014 Filing 479 REPLY to Response to Motion re #477 First MOTION for Certificate of Appealability on Issue of State Action Under Sec. 1983, and for a Stay filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Certificate of Service) (Ahmuty, Steven)
February 24, 2014 Filing 478 MEMORANDUM in Opposition re #477 First MOTION for Certificate of Appealability on Issue of State Action Under Sec. 1983, and for a Stay (Opposition on Behalf of Plaintiffs) filed by All Plaintiffs. (Ahmuty, Steven)
February 24, 2014 Filing 477 First MOTION for Certificate of Appealability on Issue of State Action Under Sec. 1983, and for a Stay by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Certificate of Service) (Ahmuty, Steven)
February 5, 2014 Filing 476 Letter Requesting Briefing Schedule For Proposed Petition For Interlocutory Appeal by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (Attachments: #1 Certificate of Service) (Rosof, Jeremy)
February 5, 2014 Opinion or Order ORDER SCHEDULING ORDER: The parties' proposed briefing schedule on the agency defendants' motion to seek leave to certify an issue for interlocutory appeal is adopted: The agency defendants' motion shall be served on or before Friday, February 7, 2014; plaintiffs' opposition to the motion shall be served on or before Tuesday, February 18, 2014; and the agency defendants' reply, if any, shall be served on or before February 24, 2014. Upon completion of all briefing, the moving party shall upload the fully briefed motion to ECF. Ordered by Judge Eric N. Vitaliano on 2/5/2014. (Weiner Chernoff, Stephanie)
January 29, 2014 Opinion or Order SCHEDULING ORDER: a telephone conference will be held on 2/7/14 at 10:00 a.m. to discuss settlement and set a schedule for the completion of discovery and submission of a JPTO. Ordered by Magistrate Judge Marilyn D. Go on 1/29/2014. (Proujansky, Josh)
January 28, 2014 Opinion or Order Filing 475 MEMORANDUM AND ORDER re #434 Motion for Summary Judgment; For the foregoing reasons, J.B., S.B., and S.W.'s negligence claims are dismissed as untimely, and L.J. and J.G.'s 1983 claims are dismissed. In all other respects, the motion is denied. Consequently, the 1983 action continues with respect to plaintiffs S.W., T.G., J.L., S.B., R.E., J.B., C.B., and T.L., and the negligence action continues with respect to plaintiffs T.G., J.L., R.E., C.B., and T.L. Ordered by Judge Eric N. Vitaliano on 1/17/2014. (Fernandez, Erica)
January 8, 2014 Filing 474 REPLY to Response to Motion re #472 MOTION for Disclosure to Defer Service of Rebuttal Economist Reports and Life Care Plans filed by All Plaintiffs. (Babbitt, Theodore)
January 8, 2014 Opinion or Order ORDER granting in part and denying in part #472 Motion to Defer Service of Expert Reports. Although the Court is mindful of plaintiffs' stated intention to conserve resources, plaintiffs have repeatedly advocated for completing discovery expeditiously. Accordingly, plaintiffs' rebuttal life care planning expert reports must be served by 4/3/14 and 4/6/13, respectively, and plaintiffs' rebuttal economist report must be served by 4/17/14, or 30 days after determination of the Agency defendants' motion for summary judgment, whichever is earlier. Ordered by Magistrate Judge Marilyn D. Go on 1/8/2014. (Proujansky, Josh)
January 6, 2014 Filing 473 RESPONSE in Opposition re #472 MOTION for Disclosure to Defer Service of Rebuttal Economist Reports and Life Care Plans filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit A (Affidavit of Service of Mattson Reports), #2 Exhibit B (Affidavit of Service of Abboud Reports), #3 Exhibit C (Rosof Email Exchange with Plaintiffs' Counsel), #4 Certificate of Service) (Rosof, Jeremy)
January 2, 2014 Filing 472 MOTION for Disclosure to Defer Service of Rebuttal Economist Reports and Life Care Plans by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Exhibit Exhibit A - Minute Order for Scheduling/Settlement Conference/Motion Hearing) (Babbitt, Theodore)
December 22, 2013 Opinion or Order ORDER granting #471 Motion to Withdraw as Attorney. Attorney Deirdre E Tracey terminated. Ordered by Magistrate Judge Marilyn D. Go on 12/21/13. (Go, Marilyn)
December 20, 2013 Filing 471 MOTION to Withdraw as Attorney by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Tracey, Deirdre)
December 18, 2013 Minute Order for Scheduling/Settlement Conference/Motion Hearing held on 12/18/2013 re #466 MOTION for Reconsideration to be Excused from Further Productions of ESI filed by S.B., T.L., J.B., R.E., J.L., C.B., J.G., S.W., T.G., L.J. ; held on 12/18/201 before Magistrate Judge Marilyn D. Go: Appearances by T. Babbit, A. Sundarsingh, J. Walsh for plaintiff; J. Rosoff and J. Gonzalez for the Agency defendants; B. Strikowsky and C. Schaerf for the City defendants. Rulings made on the record granting in part and denying in part #466 plaintiffs' motion for reconsideration. Plaintiffs must continue to supplement their production of ESI but may delay production until after disposition of the pending dispositive motions. Expert depositions are likewise be delayed. A schedule for depositions and ESI production shall be set at a conference to be scheduled after decisions are rendered. The parties should further discuss settlement and call chambers to schedule a settlement conference if it would be helpful. FTR/C 10:36-10:52. (Hugh, Lewis)
December 13, 2013 Filing 470 NOTICE of Appearance by Juan C. Gonzalez on behalf of Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Gonzalez, Juan)
December 13, 2013 Minute Entry for proceedings held before Judge Eric N. Vitaliano:Motion Hearing held on 12/13/2013 re #434 First MOTION for Summary Judgment filed by St. Joseph Services for Children, Inc., SCO Family of Services, Heartshare Human Services. Counsel: Theodore Babbitt and Melissa Cohen appearing for the plaintiffs; Bruce Strikowsky and Carl Shaerf appearing for defendant City of New York Administration for Children Services; Steven Ahmuty Jr. and Juan Gonzalez appearing for the agency defendants; and Curt Schiner and Thomas Catalano for third-party defendant Edwin Gould Services for Children. Parties gave oral argument on the agency defendants' motion for summary judgment. (Court Reporter Allan Sherman.) (Weiner Chernoff, Stephanie)
December 9, 2013 Opinion or Order SCHEDULING ORDER: due to a change in Judge Go's schedule, the conference scheduled for 12/18/13 will be held at 10:00 a.m. Ordered by Magistrate Judge Marilyn D. Go on 12/9/2013. (Proujansky, Josh)
December 9, 2013 Minute Entry for Settlement Conference held before Magistrate Judge Marilyn D. Go on 12/6/2013. Appearances by T. Babbitt, H. Talenfeld, J. Walsh, A. Romanelli, M. Cohen for plaintiffs; S. Ahmuty for the Agency defendants (w/ representatives from AIG). Further discussions re settlement are not possible at this time. Parties must check-in with chambers immediately following oral argument before Judge Vitaliano on 12/13/13 to report on status of settlement discussion and, if time permits, to discuss plaintiffs' motion #466 for reconsideration. Next conference scheduled for 12/18/13 at 9:30 a.m. (by tel.) (Proujansky, Josh)
December 6, 2013 Filing 469 RESPONSE to Motion re #466 MOTION for Reconsideration to be Excused from Further Productions of ESI filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit of Service) (Rosof, Jeremy) (Modified: Attachment 3 replaced on 12/6/2013)
December 4, 2013 Minute Entry for Settlement Conference held on 12/4/2013 before Magistrate Judge Marilyn D. Go: Appearances by T. Babbitt, A. Romanelli, H. Talenfeld and J. Walsh for plaintiff; S. Ahmuty for the Agency defendants (w/ clients). Settlement discussions held. Next conference scheduled for 12/6/13 at 11:30 a.m. (by tel.) THE PARTIES SHOULD NOTE THE NEW TIME (Hugh, Lewis)
December 2, 2013 Filing 468 Letter re Status of Discovery by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (Attachments: #1 Affidavit of Service) (Rosof, Jeremy)
December 2, 2013 Filing 467 STATUS REPORT Joint on Discovery by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. (Babbitt, Theodore)
December 2, 2013 Filing 466 MOTION for Reconsideration to be Excused from Further Productions of ESI by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Babbitt, Theodore)
November 21, 2013 Opinion or Order SCHEDULING ORDER: re #434 First MOTION for Summary Judgment filed by St. Joseph Services for Children, Inc., SCO Family of Services, Heartshare Human Services. Oral argument set for 12/13/2013 02:30 PM before Judge Eric N. Vitaliano. Ordered by Judge Eric N. Vitaliano on 11/21/2013. (Weiner Chernoff, Stephanie)
November 20, 2013 Minute Entry for Settlement/Status Conference held on 11/20/2013 before Magistrate Judge Marilyn D. Go: Appearances by T. Babbitt, H. Talenfeld, M. Cohen for plaintiffs; J. Rosoff, T. Capowski for the Agency defendants; C. Schaerf, A. Fihma for City defendants; T. Catalano for Edwin Gould and S. Smith-Valentine for Bowes, 3d party defendants. Discussion held regarding motions referred for report and recommendation. The Agency defendants, who did not file any opposition papers to Edwin Gould's motion for summary judgment, advise that they take no position on the motion. A settlement conference with plaintiffs and the Agency defendants is scheduled for 12/4/13 at 3:30 p.m. (by tel.) Bowes is encouraged to confer with defendants and to call chambers to schedule a settlement conference if it would be helpful. FTR/C 11:09-11:26 (Hugh, Lewis)
November 12, 2013 Opinion or Order SCHEDULING ORDER: a telephone conference will be held on 11/20/13 at 11:00 a.m. regarding the status of the motions referred by Judge Vitaliano. Ordered by Magistrate Judge Marilyn D. Go on 11/12/2013. (Proujansky, Josh)
October 29, 2013 Opinion or Order ORDER ORDER REFERRING MOTION: #214 MOTION for Summary Judgment filed by Thelma Bowes, #210 MOTION for Summary Judgment under Rule 56 and for judgment on the pleadings under Rule 12(c) filed by Edwin Gould Services for Children, #265 CORRECTED MOTION to Strike filed by S.W. Motions referred to Marilyn D. Go.. Ordered by Judge Eric N. Vitaliano on 10/29/2013. (Weiner Chernoff, Stephanie)
October 28, 2013 Opinion or Order The Court is in receipt of the parties' letters requesting and opposing a conference for the purpose of setting a trial date. The Court will not schedule a conference at this time for that purpose. A trial date will be set on the conclusion of discovery and resolution of all dispositive motions. Ordered by Judge Eric N. Vitaliano on 10/28/2013. (Weiner Chernoff, Stephanie)
October 23, 2013 Filing 465 REPLY in Support re #463 Reply in Opposition to Edwin Gould's Reply letter (DE 464) filed by All Plaintiffs. (Babbitt, Theodore)
October 23, 2013 Filing 464 REPLY to Response to Motion re 457 MOTION to Seal Letter Motion for Status Conference (response to plaintiffs counsel Theodore Babbitts letter of October 21, 2013 (Dkt. No. 463)) filed by Edwin Gould Services for Children. (Catalano, Thomas)
October 21, 2013 Filing 463 REPLY in Opposition re #460 Response in Opposition to Motion, for Status Conference to Schedule Trial filed by All Plaintiffs. (Babbitt, Theodore)
October 18, 2013 Filing 462 Letter in Response to Edwin Gould Services for Children's Application to Sever Third-Party Action by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (Rosof, Jeremy)
October 18, 2013 Filing 461 REPLY in Opposition re #460 Response in Opposition to Motion, Letter in opposition to Edwin Gould Services for Children's application for a severance of the third-party actions filed by City of New York. (Schaerf, Carl)
October 17, 2013 Filing 460 RESPONSE in Opposition re 457 MOTION to Seal Letter Motion for Status Conference oppostion to plaintiffs' motion to set a trial date, or the alternative, if a trial date is set, that the third-party action be severed filed by Edwin Gould Services for Children. (Catalano, Thomas)
October 16, 2013 Filing 459 REPLY to Response to Motion re 457 MOTION to Seal Letter Motion for Status Conference to Agency Defendants' Response [DE458] filed by All Plaintiffs. (Babbitt, Theodore)
October 15, 2013 Filing 458 RESPONSE in Opposition re 457 MOTION to Seal Letter Motion for Status Conference for the Purpose of Setting this Matter for Trial filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit of Service) (Rosof, Jeremy)
October 4, 2013 Opinion or Order ORDER granting 457 Motion to Seal. Ordered by Magistrate Judge Marilyn D. Go on 10/4/2013. (Go, Marilyn)
October 2, 2013 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Third-Party Defendant Cheryl Jack has failed to appear or otherwise defend this action, the default of Third-Party Defendant Cheryl Jack is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet)
August 19, 2013 Opinion or Order STIPULATION AND ORDER: the parties' #456 Stipulation is "so ordered." Ordered by Magistrate Judge Marilyn D. Go on 8/19/2013. (Proujansky, Josh)
August 16, 2013 Opinion or Order Filing 456 STIPULATION and Order Modifying the Parties' Schedule for the Exchange of Expert Reports by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (Attachments: #1 Certificate of Service) (Rosof, Jeremy)
August 15, 2013 Filing 455 TRANSCRIPT of Proceedings held on 7/24/13, before Judge Go. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. 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 9/5/2013. Redacted Transcript Deadline set for 9/16/2013. Release of Transcript Restriction set for 11/13/2013. (Hong, Loan)
August 15, 2013 Filing 454 TRANSCRIPT of Proceedings held on 6/24/13, before Judge Go. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. 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 9/5/2013. Redacted Transcript Deadline set for 9/16/2013. Release of Transcript Restriction set for 11/13/2013. (Hong, Loan)
August 8, 2013 Filing 453 Minute entry and order for proceedings held before Magistrate Judge Marilyn D. Go on 8/6/13. Rulings made on the record granting in part and denying in part the Agency defendants' #449 motion to compel and for sanctions as summarized and supplemented in the attached order. (Tape #FTR/C 1:06-1:45.) (Proujansky, Josh)
August 7, 2013 Filing 452 TRANSCRIPT of Proceedings held on August 6, 2013, before Judge Go. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/28/2013. Redacted Transcript Deadline set for 9/9/2013. Release of Transcript Restriction set for 11/5/2013. (Rocco, Christine)
July 24, 2013 Minute Order for Motion Hearing held on 7/24/2013 re #451 Letter MOTION for Leave to File before Magistrate Judge Marilyn D. Go: Appearances by J. Walsh, A. Romanelli, A. Sundarsingh for plaintiff; J. Rosoff, T. Capowski and D. Tracey for the Agency defendants; B. Strikowsky for the City defendants. Rulings made on the record granting #451 the Agency defendants' request to file reply papers. The parties must confer on highlighting portions of plaintiffs' deposition transcripts and must submit the entire deposition transcript with highlights to chambers by 7/26/13. By 8/2/13, plaintiffs must submit modify the charts attached to their Amended Responses to the Agency Defendants' Second Set of Interrogatories with a fourth column added to reflect the number of pages produced for each account and the time period encompassed by that production. Next conference scheduled for 8/6/13 at 1:00 p.m. NOTE: After further consideration, full transcripts are requested. FTR 11:07-11:26. (Hugh, Lewis)
July 19, 2013 Filing 451 Letter MOTION for Leave to File Reply Papers in Further Support of Pending Motions to Compel and for Sanctions by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Certificate of Service) (Rosof, Jeremy)
July 18, 2013 Filing 450 RESPONSE to Motion re #449 MOTION to Compel and MOTION for Sanctions filed by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Babbitt, Theodore)
July 11, 2013 Filing 449 MOTION to Compel and, MOTION for Sanctions by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D, #5 Ex. E, #6 Ex. F, #7 Ex. G, #8 Ex. H, #9 Ex. I, #10 Ex. J, #11 Ex. K, #12 Ex. L, #13 Ex. M, #14 Ex. N, #15 Affidavit of Service) (Rosof, Jeremy)
July 11, 2013 Opinion or Order SCHEDULING ORDER: plaintiff's response to the Agency defendants' #449 motion to compel must be filed by 7/18/13. A telephone conference will be held on 7/24/13 at 11:00 a.m. Ordered by Magistrate Judge Marilyn D. Go on 7/11/2013. (Proujansky, Josh)
July 9, 2013 Opinion or Order ORDER: The #448 Stipulation regarding the scheduling of the Rule 35 examinations of plaintiffs is "so ordered." Ordered by Magistrate Judge Marilyn D. Go on 7/9/2013. (Go, Marilyn)
July 2, 2013 Filing 448 STIPULATION to be So Ordered regarding Scheduling the Plaintiffs' Rule 35 Examinations by the Plaintiffs and by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (Attachments: #1 Certificate of Service) (Rosof, Jeremy)
June 24, 2013 Minute Order for Motion Hearing held on 6/24/2013 re #433 MOTION to Compel before Magistrate Judge Marilyn D. Go: Appearances by J. Walsh, A. Romanelli and A. Sunderstein for plaintiffs; T. Capowski and D. Tracey for the Agency defendants; B. Strikowsky for City defendants. Rulings made on the record granting #433 the Agency defendants' motion to compel. Plaintiffs' discovery responses must be supplemented as discussed at the conference, including providing individual responses by each plaintiff, and explanation of their efforts to preserve ESI and a verification by each plaintiff that their responses are accurate. Supplemental responses of S.B. and S.W. must be completed by 6/28/13 at 12:00 p.m. and of the other plaintiffs by 7/2/13 at 12:00 p.m. (Tape #4:06-4:35.) (Hugh, Lewis)
June 24, 2013 Filing 447 RESPONSE to Motion re #433 MOTION to Compel Plaintiffs' Response to Interrogatories filed by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Babbitt, Theodore)
June 20, 2013 Filing 446 NOTICE of Change of Address by Sonya A Smith-Valentine (Smith-Valentine, Sonya)
June 20, 2013 Filing 445 REPLY in Support re #433 MOTION to Compel Plaintiffs' Response to Interrogatories filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Certificate of Service) (Rosof, Jeremy)
June 20, 2013 Opinion or Order SCHEDULING ORDER: re #433 MOTION to Compel Plaintiffs' Response to Interrogatories filed by St. Joseph Services for Children, Inc., SCO Family of Services, Heartshare Human Services. A telephone conference will be held on 6/24/13 at 4:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 6/20/2013. (Proujansky, Josh)
June 19, 2013 Filing 444 RESPONSE in Opposition re #433 MOTION to Compel Plaintiffs' Response to Interrogatories Second Set filed by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Babbitt, Theodore)
June 17, 2013 Filing 443 REPLY in Support re #434 First MOTION for Summary Judgment filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Declaration Odom Reply Declaration, #2 Declaration Conway Reply Declaration, #3 Declaration Smith-Njiiri Reply Declaration, #4 Certificate of Service) (Rosof, Jeremy)
June 17, 2013 Filing 442 MEMORANDUM in Opposition to Agency Defendants' Motion for Summary Judgment uploaded by Movant per Judge Vitaliano's Rules - Hess Aff Exh A filed by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Exhibit Kanter Aff Exh A (1 of 2), #2 Exhibit Kanter Aff Exh A (2 of 2), #3 Exhibit Safarik Aff Exh A, #4 Exhibit Eth Aff Exh A, #5 Exhibit Castro Aff Exh A (1 of 2), #6 Exhibit Castro Aff Exh A (2 of 2)) (Rosof, Jeremy)
June 17, 2013 Filing 441 MEMORANDUM in Opposition to Agency Defendants' Motion for Summary Judgment uploaded by Movant per Judge Vitaliano's Rules - Kapell Dec Exhs 5 to 12 filed by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Exhibit Kapell Dec Exhs 13 and 14, #2 Exhibit Kapell Dec Exhs 15 to 21, #3 Exhibit Kapell Dec Exhs 22 to 30, #4 Exhibit Kapell Dec Exhs 31 to 43) (Rosof, Jeremy)
June 17, 2013 Filing 440 MEMORANDUM in Opposition to Agency Defendants' Motion for Summary Judgment uploaded onto ECF by Movant per Judge Vitaliano's Rules - Kapell Exh 1 (1 of 2) filed by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Exhibit Kapell Dec Exh 1 (2 of 2), #2 Exhibit Kapell Dec Exhs 2 and 3, #3 Exhibit Kapell Dec Exh 4 (1 of 2), #4 Exhibit Kapell Dec Exh 4 (2 of 2)) (Rosof, Jeremy)
June 17, 2013 Filing 439 MEMORANDUM in Opposition re #434 First MOTION for Summary Judgment uploaded onto ECF by Movant per Judge Vitaliano's Rules filed by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Rule 56.1 Statement, #2 Declaration Kapell Declaration, #3 Affidavit in Opposition Hess Affidavit, #4 Affidavit in Opposition Kanter Affidavit, #5 Affidavit in Opposition Safarik Affidavit, #6 Affidavit in Opposition Eth Affidavit, #7 Affidavit in Opposition Castro Affidavit, #8 Affidavit in Support) (Rosof, Jeremy)
June 17, 2013 Filing 438 MEMORANDUM in Support Smith-Njiiri Dec Exh A (1 of 4) in Support of Agency Defendants' Motion For Summary Judgment filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit Smith-Njiiri Dec Exh A (2 of 4), #2 Exhibit Smith-Njiiri Dec Exh A (3 of 4), #3 Exhibit Smith-Njiiri Dec Exh A (4 of 4), B and C) (Rosof, Jeremy)
June 17, 2013 Filing 437 MEMORANDUM in Support Conway Dec Exh A (1 of 3) in Support of Agency Defendants' Motion For Summary Judgment filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit Conway Dec Exh A (2 of 3), #2 Exhibit Conway Dec Exh A (3 of 3), #3 Exhibit Conway Dec Exhs B, C, D and E) (Rosof, Jeremy)
June 17, 2013 Filing 436 MEMORANDUM in Support Odom Dec Exh A (1 of 2) in Support of Agency Defendants' Motion For Summary Judgment filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit Odom Dec Exh A (2 of 2)) (Rosof, Jeremy)
June 17, 2013 Filing 435 MEMORANDUM in Support Rosof Dec Exh 1 to 8 in Support of Agency Defendants' Motion for Summary Judgment filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit Rosof Dec Exhs 8 to 15, #2 Exhibit Rosof Dec Exhs 16 to 19, #3 Exhibit Rosof Dec Exhs 20 to 30, #4 Exhibit Rosof Dec Exhs 31 to 36, #5 Exhibit Rosof Dec Exhs 37 to 47, #6 Exhibit Rosof Dec Exhs 48 to 49, #7 Exhibit Rosof Dec Exhs 50 to 55) (Rosof, Jeremy)
June 17, 2013 Filing 434 First MOTION for Summary Judgment by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Memorandum in Support, #2 Rule 56.1 Statement, #3 Declaration of Rosof, #4 Declaration of Odom, #5 Declaration of Conway, #6 Declaration of Smith-Njiiri, #7 Certificate of Service) (Rosof, Jeremy)
June 13, 2013 Filing 433 MOTION to Compel Plaintiffs' Response to Interrogatories by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. W/Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Certificate of Service. (Rosof, Jeremy) (Main Document and Exhibits 4, 5, 6 were replaced with redacted documents.)
June 13, 2013 Opinion or Order SCHEDULING ORDER: plaintiffs' response to #433 the Agency defendants' motion to compel must be filed by 6/19/13. Ordered by Magistrate Judge Marilyn D. Go on 6/13/2013. (Proujansky, Josh)
June 5, 2013 Filing 432 NOTICE by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. of Amended Notice of Expert Disclosure (Damages) (Attachments: #1 Certificate of Service) (Rosof, Jeremy)
May 31, 2013 Opinion or Order Filing 431 ORDER granting in part and denying in part #428 Motion for Extension of Time to Complete Discovery. The time for completion of plaintiffs' depositions is extended to 7/31/13. The remaining schedule is accordingly extended by 30 days as follows: (i) medical examinations of each plaintiff must be completed by 8/31/13; (ii) defendants' medical expert reports must be served within 3 weeks of each plaintiffs' medical examination; (iii) should plaintiffs wish to supplement their medical expert reports in response, plaintiffs' supplemental medical expert reports must be served within 4 weeks of the service of defendants' medical expert reports; (iv) defendants' life care planning expert report must be served within 3 weeks of defendants' medical expert reports; (v) defendants' economist's expert report must be served within 2 weeks of defendants' life care planning expert report; and (vi) plaintiffs' rebuttal life care planning expert report and economist's expert report must be served within 4 weeks of defendants' corresponding expert report. Parties must send the Court a joint report regarding the status of discovery on 12/2/13. Ordered by Magistrate Judge Marilyn D. Go on 5/31/2013. (Proujansky, Josh)
May 29, 2013 Minute Entry for Discovery Hearing held on 5/29/2013 before Magistrate Judge Marilyn D. Go: Appearances by J. Walsh for plaintiffs; S. Rubin for the Agency defendants, B. Strikowsky for City of New York. Parties called from deposition of non-party Lt. Carmichael of Port St. Lucie Police Dept. Rulings made on the record regarding scope of questioning. (Hugh, Lewis)
May 29, 2013 Filing 430 RESPONSE in Opposition re #428 MOTION for Extension of Time to Complete Discovery Rule 35 physical and mental examinations of the Plaintiffs filed by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Babbitt, Theodore)
May 21, 2013 Opinion or Order ORDER: having conferred with Judge Vitaliano's chambers, the summary judgment motion must be filed electronically in accordance with Judge Vitaliano's motion practice rules. As discussed at a conference held on May 15, 2013, the defendants are given leave to file all the exhibits to their summary judgment motion under seal given the large number and volume of exhibits, most of which are foster care, adoption or medical records containing personal, confidential information. The larger exhibits should be separately filed with a short description (e.g., St. Joseph's record re S.W.). The exhibits containing shorter documents may be combined in one filing (e.g., Exhs. D-F), again with a short description of each. Ordered by Magistrate Judge Marilyn D. Go on 5/21/2013. (Proujansky, Josh)
May 21, 2013 Opinion or Order SCHEDULING ORDER: re #428 MOTION for Extension of Time to Complete Discovery Rule 35 physical and mental examinations of the Plaintiffs filed by St. Joseph Services for Children, Inc., SCO Family of Services, Heartshare Human Services. Plaintiffs' response must be filed by 5/29/13. Ordered by Magistrate Judge Marilyn D. Go on 5/21/2013. (Proujansky, Josh)
May 20, 2013 Filing 429 Letter by City of New York (Schaerf, Carl)
May 20, 2013 Filing 428 MOTION for Extension of Time to Complete Discovery Rule 35 physical and mental examinations of the Plaintiffs by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit, #2 Certificate of Service) (Rosof, Jeremy)
May 17, 2013 Filing 427 NOTICE of Appearance by Ralph Vincent Morales on behalf of Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Morales, Ralph)
May 16, 2013 Minute entry and order for proceedings held before Magistrate Judge Marilyn D. Go. Appearances by T. Babbitt and H. Talenfeld for plaintiffs; J. Rosof and T. Capowski for the Agency defendants; C. Schaerf for the City defendants. Rulings made on the record granting in part and denying in part [418, 423] plaintiffs' motions for protective order and granting in part and denying in part #422 the Agency defendants' motion for leave to file under seal. Liability discovery is closed and depositions of Officers Holman and Conger and Stacey Cason are permitted only to the extent counsel has a good faith basis to believe that the deponent is able to testify about his observations of the condition of any plaintiff at Ms. Leekin's home. Questioning is limited to such observations and if a deponent denies having observed any plaintiff, then the questioning of the deponent must terminate. The parties may file under seal their exhibits to the summary judgment motion, but must publicly file affidavits, declarations and all other documents prepared in connection with the motion, with appropriate redactions for the publicly filed versions. (FTR/C 5:37-5:58) (Proujansky, Josh)
May 14, 2013 Filing 426 RESPONSE to Motion re #422 MOTION for Leave to Electronically File Document under Seal filed by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Babbitt, Theodore)
May 13, 2013 Filing 425 RESPONSE in Opposition re #423 MOTION for Protective Order Regarding the Deposition of Stacey Cason filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit, #2 Certificate of Service) (Rosof, Jeremy)
May 13, 2013 Filing 424 RESPONSE in Opposition re #423 MOTION for Protective Order Regarding the Deposition of Stacey Cason filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit, #2 Certificate of Service) (Rosof, Jeremy)
May 10, 2013 Opinion or Order SCHEDULING ORDER: plaintiffs' response to defendants' #422 motion for leave to file under seal and defendants' response to plaintiffs' #423 motion for protective order must be filed by 5/14/13 at 12:00 p.m. The parties should consider this Court's view, as expressed in Strauss v. Credit Lyonnais, 2011 WL 4736359 (E.D.N.Y. 2011), that "district courts should avoid sealing judicial documents in their entirety unless necessary." Id. at *3 (quoting U.S. v. Aref, 533 F.3d 72, 81-83 (2d Cir. 2008)). Ordered by Magistrate Judge Marilyn D. Go on 5/10/2013. (Proujansky, Josh)
May 9, 2013 Filing 423 MOTION for Protective Order Regarding the Deposition of Stacey Cason by S.W.. (Babbitt, Theodore)
May 9, 2013 Filing 422 MOTION for Leave to Electronically File Document under Seal by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Certificate of Service) (Rosof, Jeremy)
May 9, 2013 Opinion or Order ORDER: The Clerk of the Court is respectfully requested to unseal the #422 MOTION for Leave to Electronically File Document under Seal, which apparently inadvertently filed under seal. Nothing in the letter motion itself merits sealing. Ordered by Magistrate Judge Marilyn D. Go on 5/9/2013. (Go, Marilyn)
May 8, 2013 Opinion or Order SCHEDULING ORDER: re #418 MOTION for Protective Order Regarding Port St. Lucie Police Officers Conger and Holman filed by plaintiffs. A telephone conference will be held on 5/15/13 at 10:00 a.m. Ordered by Magistrate Judge Marilyn D. Go on 5/8/2013. (Proujansky, Josh)
May 7, 2013 Opinion or Order Filing 421 MEMORANDUM AND ORDER. ORDERED that 75 percent of the settlement funds held in escrow be disbursed to plaintiffs' counsel and that the remainder continue to be held by plaintiffs' counsel in escrow pending approval by the Court. Ordered by Judge Eric N. Vitaliano on 5/2/2013. (Siegfried, Evan)
May 6, 2013 Filing 420 RESPONSE to Motion re #418 MOTION for Protective Order Regarding Port St. Lucie Police Officers Conger and Holman filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Certificate of Service) (Rosof, Jeremy) (Attachment 3 replaced on 5/22/2013) (Hugh, Lewis).
May 1, 2013 Minute Entry for Status Conference held on 5/1/2013 before Magistrate Judge Marilyn D. Go: Appearances by T. Babbitt, H. Talenfeld and W. Cappel for plaintiffs. Discussions held regarding plaintiffs' application for approval of costs. FTR/C 10:50-11:22 (recording sealed) (Hugh, Lewis) Modified on 5/8/2013 to specify sealing of recording (Hugh, Lewis).
May 1, 2013 Filing 419 RESPONSE to Motion re #418 MOTION for Protective Order Regarding Port St. Lucie Police Officers Conger and Holman filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Rosof, Jeremy)
May 1, 2013 Opinion or Order ORDER re #419 Response to Motion, filed by St. Joseph Services for Children, Inc., SCO Family of Services, Heartshare Human Services. Unlike the previous filing by plaintiffs of ct. doc. 418-3, here, the names of the plaintiffs have been redacted. To the extent defendants contend that ct. doc. 418-3 discloses the identity of a person or other information that is within the scope of the protective order, defendants may promptly supplement their application. Defendants are granted leave to file under seal a further submission if necessary. Ordered by Magistrate Judge Marilyn D. Go on 5/1/2013. (Proujansky, Josh)
April 30, 2013 Filing 418 MOTION for Protective Order Regarding Port St. Lucie Police Officers Conger and Holman by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Exhibit Exhibit 1 Notice of Subpoenas to Testify at a Deposition in a Civil Action, #2 Exhibit Exhibit 2 City of New York correspondence dated August 23, 2012, #3 Exhibit Exhibit 3 Plaintiff's Motion for Protective order, #4 Exhibit Exhibit 4 DE369 Letter from City Defendant to Magistrate Go, #5 Exhibit Exhibit 5 DE 367 Reply to City Defendant's Response to Plaintiffs' Motion for Protective Order, #6 Exhibit Exhibit 6 Minute Order dated October 2, 2012) (Babbitt, Theodore)
April 30, 2013 Opinion or Order SCHEDULING ORDER: the agency defendants' response to plaintiff's motion for protective order must be filed by 5/6/13. Ordered by Magistrate Judge Marilyn D. Go on 4/30/2013. (Proujansky, Josh)
April 25, 2013 Filing 417 NOTICE of Appearance by Craig Garrett Bienstock on behalf of Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Bienstock, Craig)
April 24, 2013 Opinion or Order SCHEDULING ORDER: a telephone conference will be held with plaintiffs' counsel on 5/1/13 at 9:45 a.m. regarding the costs sought pursuant to the settlement. Ordered by Magistrate Judge Marilyn D. Go on 4/24/2013. (Proujansky, Josh)
April 12, 2013 Filing 416 TRANSCRIPT of Proceedings held on February 5, 2013, before Judge Go. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/3/2013. Redacted Transcript Deadline set for 5/13/2013. Release of Transcript Restriction set for 7/11/2013. (Rocco, Christine)
April 4, 2013 Filing 415 NOTICE of Appearance by John D. Paterniti on behalf of Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Paterniti, John)
March 22, 2013 Filing 414 NOTICE of Appearance by Deirdre E Tracey on behalf of Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (aty to be noticed) (Tracey, Deirdre)
March 14, 2013 Filing 413 STIPULATION by S.W. (Babbitt, Theodore)
March 14, 2013 Opinion or Order STIPULATION AND ORDER: #413 Stipulation filed by S.W. is "so ordered." Ordered by Magistrate Judge Marilyn D. Go on 3/14/2013. (Proujansky, Josh)
March 6, 2013 Opinion or Order SCHEDULING ORDER: since no opposition has been filed to #411 Plaintiffs' First MOTION to Amend/Correct/Supplement Complaint, the conference scheduled for 3/7/13 is canceled. However, the parties must confer on entering into a Stipulation to preserve plaintiffs' right to argue an exception to CLPR 1601 as an alternative to filing an amended complaint and file a report as to the status of their discussions by 3/14/13. See Fed. R. Civ. P. 15(b)(2) (providing that issue not raised by the pleadings may be tried by the parties' express consent). (Proujansky, Josh)
February 27, 2013 Opinion or Order SCHEDULING ORDER: any opposition to #411 Plaintiff's MOTION to Amend/Correct/Supplement Plaintiffs' Complaint must be filed by 3/4/13. A telephone conference will be held on 3/7/13 at 12:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 2/27/2013. (Proujansky, Josh)
February 27, 2013 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go on 2/27/2013. Appearances by T. Babbitt, H. Talenfeld, J. Johnson for plaintiffs; J. Rosoff and S. Rubin for the Agency defendants; A. Fihma for the City defendants; M. Dix for non-parties New Horizons of the Treasure Coast and Dr. Chaube. Plaintiffs' counsel confirmed that they consent to release of all oral, as well as written, information about the plaintiffs by New Horizons and Dr. Chaube. Because the information is relevant, and in light of the protective order in place, New Horizons and Dr. Chaube are directed to produce records and give testimony concerning plaintiffs which would reveal information otherwise protected by the Health Insurance Portability and Accountability Act of 1966, 42 U.S.C. 1320 et seq., and the regulations promulgated thereunder. See National Abortion Federation v. Ashcroft, 2004 WL 555701, at *2 (S.D.N.Y. 2004). Parties shall confer with subpoenaed witnesses to accommodate their schedules in scheduling depositions. (Tape #FTR/C 9:51-10:04 (sealed)) (Proujansky, Josh)
February 26, 2013 Filing 412 NOTICE of Appearance by Steven I. Rubin on behalf of Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Rubin, Steven)
February 26, 2013 Opinion or Order SCHEDULING ORDER: a telephone conference will be held on 2/27/13 at 9:45 a.m. regarding non-party deposition of Dr. Choudry. Ordered by Magistrate Judge Marilyn D. Go on 2/26/2013. (Proujansky, Josh)
February 21, 2013 Filing 411 First MOTION to Amend/Correct/Supplement Plaintiffs' Complaint by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Exhibit A - Highlighted Changes to Complaint, #2 Exhibit B - 1 Part 1 of Plaintiffs' Amended Complaint, #3 Exhibit B - 2 Part 2 of Plaintiffs' Amended Complaint, #4 Exhibit B - 3 Part 3 of Plaintiffs' Amended Complaint) (Babbitt, Theodore)
February 21, 2013 Opinion or Order ORDER granting in part and denying in part #407 Motion for Extension of Time to File. Agency defendants' motion for an extension of time is granted. They may also file an enlarged memorandum of law, but with a limit of 50 pages, rather than 65 pages. Hence, the page limitation for all briefs shall be doubled. The new briefing schedule is as follows: agency defendants shall serve their motion for summary judgment and memorandum of law on or before 4/1/2013, with a limit of 50 pages on the memorandum; plaintiffs shall serve any opposition on or before 5/20/2013, with a limit of 50 pages; and agency defendants shall serve any reply on or before 6/17/13, with a limit of 20 pages. Agency defendants shall file the entire briefing bundle electronically at the time it serves its reply. Ordered by Judge Eric N. Vitaliano on 2/21/2013. (Restrepo, Andres)
February 20, 2013 Filing 410 ANSWER to #404 Amended Answer to Complaint, Crossclaim,,,, by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Certificate of Service) (Capowski, Timothy)
February 20, 2013 Filing 409 RESPONSE in Opposition re #407 First MOTION for Extension of Time to File Summary Judgment Motion and to File Oversized Memorandum of Law filed by All Plaintiffs. (Babbitt, Theodore)
February 19, 2013 Filing 408 NOTICE of Appearance by Adam S. Covitt on behalf of Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Covitt, Adam)
February 15, 2013 Filing 407 First MOTION for Extension of Time to File Summary Judgment Motion and to File Oversized Memorandum of Law by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.. (Attachments: #1 Certificate of Service) (Rosof, Jeremy)
February 12, 2013 Filing 406 Minute Entry and Order for proceedings held before Magistrate Judge Marilyn D. Go on 2/5/13. Appearances by T. Babbitt, H. Talenfeld, J. Walsh, A. Romanelli, A. Thompson and M. Cohen for plaintiffs; M. Citrin, J. Rosoff and T. Capowski for the Agency defendants; B. Strikowsky for the City defendants. Rulings made on the record as set forth in the attached minute order granting in part and denying in part plaintiffs motion for a protective order (ct. doc 396), denying the Agency defendants' cross-motion for a protective order (ct. doc. 399) and granting the Agency defendants' motion for an extension of time (ct. doc. 397). (FTR/C: 4:36-5:57) (Proujansky, Josh) Modified on 4/11/2013 to correct hearing date. (Abdallah, Fida)
February 11, 2013 Filing 405 NOTICE of Appearance by Robert Boccio on behalf of Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc. (aty to be noticed) (Attachments: #1 Affidavit of Service) (Boccio, Robert)
February 7, 2013 Filing 404 AMENDED ANSWER to #87 Amended Third Party Complaint, (SECOND) asserting thirteenth affirmative defense under NY GOL 15-108, CROSSCLAIM against Thelma Bowes, C.B., Sabrina Collins, Heartshare Human Services, Cheryl Jack, Claudette Jackson, Mia Karenga, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Judith Leekin(DC# K76752), Vontrell Leekin, Lystra Lewis, Anita Lexame, Anita Lezame, Rhonda Morgan, Ishmattie Nagassar/Asman, Barbara Raikes, SCO Family of Services, Theresa Smith, St. Joseph Services for Children, Inc. by Edwin Gould Services for Children. (Catalano, Thomas)
February 7, 2013 Opinion or Order ORDER: The #403 Stipulation filed by Edwin Gould Services for Children for leave to file an amended answer adding a Thirteenth Affirmative defense to the amended third party complaint of the City of New York is "so ordered." Ordered by Magistrate Judge Marilyn D. Go on 2/7/2013. (Go, Marilyn)
February 6, 2013 Opinion or Order Filing 403 STIPULATION AND ORDER (proposed) for leave to serve amended answer to third-party complaint to assert affirmative defense of NY General Oligations Law 15-108 regarding the City of New York's settlement with plaintiffs by Edwin Gould Services for Children (Attachments: #1 Affidavit of Service) (Catalano, Thomas)
February 5, 2013 Filing 402 REPLY in Support re #396 Letter MOTION for Protective Order filed by All Plaintiffs. (Babbitt, Theodore)
February 5, 2013 Filing 401 RESPONSE to Motion re #397 First MOTION for Extension of Time to Complete Discovery filed by All Plaintiffs. (Babbitt, Theodore)
February 5, 2013 Filing 400 RESPONSE in Opposition re #399 Cross MOTION for Protective Order by Defendants filed by All Plaintiffs. (Babbitt, Theodore)
February 4, 2013 Filing 399 Cross MOTION for Protective Order by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Attachments: #1 Certificate of Service) (Rosof, Jeremy)
February 4, 2013 Filing 398 RESPONSE in Opposition re #396 Letter MOTION for Protective Order filed by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit A - Subpoena, #2 Exhibit B - Email / Calendar, #3 Exhibit C - Subpoena, #4 Exhibit D - Notice of Subpoena, #5 Exhibit E - Notice of Subpoenas, #6 Exhibit F - Email, #7 Exhibit G - Email, #8 Exhibit H - Plaintiffs' Cross Notice, #9 Certificate of Service) (Rosof, Jeremy)
February 1, 2013 Filing 397 First MOTION for Extension of Time to Complete Discovery by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Attachments: #1 Certificate of Service) (Capowski, Timothy)
February 1, 2013 Opinion or Order ORDER granting #395 Motion for Leave to Appear Pro Hac Vice. The admitted attorney, Anne V. Alper, is permitted to argue or try this action in whole or in part as counsel or advocate for plaintiffs. Since the docket sheet indicates that the admission fee has been paid, the Clerk of the Court is respectfully requested to enter the appearance of counsel promptly on the docket sheet for this action and to make a notation of the attorney's admission pro hac vice on this Court's roll of attorneys. If not already registered for Electronic Case Filing ("ECF") with this Court, the admitted attorney must register for ECF or submit an application for exemption within two weeks of the date of this order. Ordered by Magistrate Judge Marilyn D. Go on 2/1/2013. (Proujansky, Josh)
February 1, 2013 Opinion or Order SCHEDULING ORDER: the agency defendants' response to plaintiffs' #396 motion for a protective order must be filed by 2/4/13. A telephone conference will be held on 2/5/13 at 4:30 p.m. Ordered by Magistrate Judge Marilyn D. Go on 2/1/2013. (Proujansky, Josh)
February 1, 2013 Opinion or Order ORDER granting #395 Motion for Leave to Appear Pro Hac Vice. Petitioning attorney's request to appear in this proceeding pro hac vice is granted. Ordered by Judge Eric N. Vitaliano on 2/1/2013. (Restrepo, Andres)
January 31, 2013 Filing 396 Letter MOTION for Protective Order by S.W.. (Attachments: #1 Exhibit Bruce Strikowsky August 23, 2012 letter, #2 Exhibit December 14, 2012, emails, #3 Exhibit December 15, 2012, emails, #4 Exhibit December 18, 2012, emails, #5 Exhibit January 29, 2013, emails, #6 Exhibit January 29, 2013, email) (Babbitt, Theodore)
January 31, 2013 Filing 395 MOTION for Leave to Appear Pro Hac Vice Anne V. Alper, Esq. Filing fee $ 25, receipt number 0207-5984487. by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Exhibit, #2 Proposed Order) (Talenfeld, Howard)
January 31, 2013 Filing 394 AMENDED ANSWER to Plaintiffs' #1 Complaint, , CROSSCLAIM against Administration for Children's Services, City of New York by SCO Family of Services, St. Joseph Services for Children, Inc., Heartshare Human Services. (Attachments: #1 Certificate of Service) (Capowski, Timothy)
January 31, 2013 Opinion or Order ORDER: The #392 Stipulation to amend further the #34 Amended Answer to Complaint filed by St. Joseph Services for Children, Inc., SCO Family of Services and Heartshare Human Services by adding as paragraph 56 the affirmative defense set forth in the stipulation is "so ordered." Ordered by Magistrate Judge Marilyn D. Go on 1/31/2013. (Go, Marilyn)
January 30, 2013 Filing 393 NOTICE of Appearance by Judd Cohen on behalf of Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Cohen, Judd)
January 29, 2013 Filing 392 STIPULATION to Amend Answer by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. (Attachments: #1 Certificate of Service) (Capowski, Timothy)
January 25, 2013 Filing 391 NOTICE of Appearance by William G. Spratt on behalf of Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. (aty to be noticed) (Attachments: #1 Affidavit of Service) (Spratt, William)
January 24, 2013 Opinion or Order SCHEDULING ORDER: upon counsel's oral application, plaintiffs' deadline to file supplemental submissions regarding costs is extended to 1/31/13. Ordered by Magistrate Judge Marilyn D. Go on 1/24/2013. (Proujansky, Josh)
January 11, 2013 Filing 390 NOTICE by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. of Agency Defendants' Expert Witness Disclosure (Damages) (Attachments: #1 Certificate of Service) (Ahmuty, Steven)
January 8, 2013 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Status Conference held on 1/8/2013. Appearances by T. Babbitt, H. Talenfeld, S. LeClainche, A. Romanelli and W. Kappel for plaintiffs. Plaintiffs' submissions regarding costs claimed discussed. Plaintiffs' counsel must supplement their submissions by 1/25/13. (FTR/C 4:05-4:37) (sealed) (Abdallah, Fida)
January 2, 2013 Filing 389 TRANSCRIPT of Proceedings held on 12/13/12, before Judge Go. Court Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/23/2013. Redacted Transcript Deadline set for 2/4/2013. Release of Transcript Restriction set for 4/2/2013. (Hong, Loan)
December 19, 2012 Filing 387 AFFIDAVIT/AFFIRMATION re #386 Notice of Appearance by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. (Ortiz, Robert)
December 19, 2012 Filing 386 NOTICE of Appearance by Robert Ortiz on behalf of Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. (aty to be noticed) (Ortiz, Robert)
December 19, 2012 Opinion or Order Filing 385 MEMORANDUM AND ORDER. See attached order for further details. Ordered by Judge Eric N. Vitaliano on 12/18/2012. (Siegfried, Evan)
December 19, 2012 Opinion or Order SCHEDULING ORDER: a telephone scheduling conference will be held on 1/8/13 at 4:00 p.m. between plaintiffs and the Court regarding the referral from Judge Vitaliano. Ordered by Magistrate Judge Marilyn D. Go on 12/19/2012. (Proujansky, Josh)
December 19, 2012 Opinion or Order ORDER granting #382 Motion for Settlement: Stipulations of Discontinuance and Settlement attached to motion "So Ordered" by Judge Vitaliano on 12/19/12 and will be filed separately under seal. (Abdallah, Fida)
December 14, 2012 Filing 384 Letter regarding cost statements of Plaintiffs' counsels by S.W. (Babbitt, Theodore)
December 13, 2012 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Status Conference held on 12/13/2012. Appearances by T. Babbitt, A. Romanelli, A. Thompson, W. Kappel, J. Walsh, H. Talenfeld and M. Cohen for plaintiffs; S. Ahmuty, T. Capowski and J. Rosof for defendants; C. Shiner and T. Catalano for Edwin Gould. Defendants' proposed motion for summary judgment discussed. The Agency defendants are encouraged to consider moving on fewer grounds than articulated and the parties should attempt to agree to stipulated facts as to the grounds that raise purely legal issues. Defendants' summary judgment motion must be served by 3/1/13; any opposition by 4/20/13; and a reply by 5/15/13. The parties must follow Judge Vitaliano's rules regarding filing and providing courtesy copies of motion papers. Defendants must give notice by 1/11/13 of the type of damages expert to be retained, areas of expertise and general subject matter to be addressed by the expert. Failure to provide expert notice may be deemed waiver of the right to conduct expert discovery. Defendants' expert report(s) and disclosures must be served by 2/13/13; rebuttal expert report(s) and disclosures must be served by 3/29/13. Parties must send the Court a joint status report on 4/5/13 regarding the status of discovery. (FTR/C: 2:15-3:20) (Abdallah, Fida)
December 6, 2012 Filing 382 MOTION for Settlement Approval by S.W.. (Attachments: #1 Exhibit A Stipulation of Discontinuance with Prejudice as to City of New York, Administration for Children's Services Only, #2 Exhibit B Affidavit of Status of Attorney's Liens, #3 Exhibit C New York City Medicaid, #4 Exhibit D Medicare, #5 Exhibit E MFL Medicaid, #6 Exhibit F T.L. Settlement Documents, #7 Exhibit G J.B. Settlement Documents, #8 Exhibit H C.B. Settlement Documents, #9 Exhibit I T.G. Settlement Documents, #10 Exhibit J S.B. Settlement Documents, #11 Exhibit K R.E. Settlement Documents, #12 Exhibit L L.J. Settlement Documents, #13 Exhibit M S.W. Settlement Documents, #14 Exhibit N J.G. Settlement Documents, #15 Exhibit O J.L. Settlement Documents) (Babbitt, Theodore) Modified on 12/19/2012 (Abdallah, Fida).
December 6, 2012 Filing 381 MOTION to Seal and Application for Leave to File Document Under Seal by S.W.. (Attachments: #1 Exhibit A Plaintiffs' Proposed Motion to File Documents Under Seal) (Babbitt, Theodore)
December 6, 2012 Opinion or Order ORDER granting #381 Motion to Seal, as supplemented by the sealed documents filed as 383 . Ordered by Magistrate Judge Marilyn D. Go on 12/6/2012. (Go, Marilyn)
November 20, 2012 Opinion or Order ORDER granting #379 Motion to Adjourn Conference: The conference is adjourned to December 13, 2012, at 2:15 p.m. Ordered by Magistrate Judge Marilyn D. Go on 11/20/2012. (Abdallah, Fida)
November 19, 2012 Filing 380 CERTIFICATE OF SERVICE by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. re #379 MOTION to Adjourn Conference Scheduled for November 29, 2012 (Capowski, Timothy)
November 19, 2012 Filing 379 MOTION to Adjourn Conference Scheduled for November 29, 2012 by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Capowski, Timothy)
November 13, 2012 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 11/13/2012. Appearances by T. Babbitt, A. Romanelli, A. Thompson, W. Kappel, J. Walsh and S. Le Clainche for plaintiffs; S. Ahmuty for defendants. Settlement discussions held. The parties are urged to reconsider their positions. The conference scheduled for 11/29/12 at 12:00 p.m. will be held by telephone. The parties must confer before the conference regarding the remaining discovery. (Abdallah, Fida)
November 2, 2012 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 11/2/2012. Appearances by T. Babbitt, A. Romanelli, H. Talenfeld, J. Walsh and S. Le Clainche for plaintiffs; S. Ahmuty for defendants. Settlement discussions held. Next conference is adjourned to 11/13/12 at 3:30 p.m. (Abdallah, Fida)
November 2, 2012 Filing 378 TRANSCRIPT of Proceedings held on October 19, 2012, before Judge Go. Court Transcriber: Transcriptions Plus II, Telephone number 718-987-4285. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/26/2012. Redacted Transcript Deadline set for 12/3/2012. Release of Transcript Restriction set for 1/31/2013. (Rocco, Christine)
October 26, 2012 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 10/26/2012. Appearances by T. Babbitt for plaintiff; C. Schaerf for the City defendants. Counsel advised that they have agreed to the language of the draft settlement agreement and are working to finalize remaining aspects of the settlement. (Abdallah, Fida)
October 26, 2012 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 10/26/2012. Appearances by S. Ahmuty and clients for Agency defendants. Preliminary settlement discussions held. (Abdallah, Fida)
October 24, 2012 Filing 377 NOTICE of Appearance by Timothy Robert Capowski on behalf of Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. (aty to be noticed) (Capowski, Timothy)
October 24, 2012 Filing 376 NOTICE of Appearance by Jeremy S Rosof on behalf of Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. (aty to be noticed) (Rosof, Jeremy)
October 24, 2012 Filing 375 NOTICE of Appearance by Marc J. Citrin on behalf of Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. (aty to be noticed) (Citrin, Marc)
October 24, 2012 Filing 374 NOTICE of Appearance by Steven J. Ahmuty, Jr on behalf of Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. (aty to be noticed) (Ahmuty, Steven)
October 24, 2012 Filing 373 NOTICE of Consent to Change Attorney by Steven J. Ahmuty, Jr on behalf of Heartshare Human Services (Ahmuty, Steven)
October 24, 2012 Filing 372 NOTICE of Consent to Change Attorney by Steven J. Ahmuty, Jr on behalf of St. Joseph Services for Children, Inc. (Ahmuty, Steven)
October 24, 2012 Filing 371 NOTICE of Consent to Change Attorney by Steven J. Ahmuty, Jr on behalf of SCO Family of Services (Ahmuty, Steven)
October 19, 2012 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go on 10/19/2012. Appearances by T. Babbitt for plaintiffs; R. Delmond for Agency defendants; C. Schaerf and B. Strikowsky for City defendants; T. Catalano for Edwin Gould. Discussions held regarding the status of settlement discussions between the plaintiffs and the City defendants and a framework for discussions as to claims involving other parties. Plaintiffs must convey a settlement demand to the Agency defendants by 10/24/12. A telephone conference with plaintiffs and the City defendants will be held on 10/26/12 at 2:00 p.m. The Agency defendants must attend an in-person conference with the Court on 10/26/12 at 3:30 p.m. Conferences with plaintiffs and the Agency defendants will be held by telephone on 11/2/12 at 3:30 p.m and in-person on 11/7/12 at 12:00 p.m. A conference will be held on 11/29/12 at 12:00 p.m. to discuss defendants' pre-motion letters. If the Court finds there is little likelihood of a settlement at that time, a final discovery schedule will be set. (Tape #FTR 3:11-3:47.) (Proujansky, Josh)
October 11, 2012 NOTICE: any of plaintiffs' counsel may attend the 10/19/12 conference by telephone if plaintiffs' local counsel attends in-person. (Proujansky, Josh)
October 2, 2012 Opinion or Order ORDER granting in part and denying in part without prejudice #367 Motion for Protective Order. Although this Court has not precluded damages discovery, no schedule for such discovery has been set. That part of the motion relating to further depositions of the plaintiffs is granted. This Court agrees with plaintiffs that the update depositions should be taken closer to trial, if and when a trial date is set. The parties must confer on whether a schedule for remaining damages discovery is best set after disposition of the contemplated summary judgment motions or earlier. They should include in their discussion the timing of the depositions of the police officers. At the direction of Judge Vitaliano, this court will hold a conference on 10/19/12 at 3:00 p.m. to discuss the City's and agency defendants' summary judgment motions and damages discovery. Ordered by Magistrate Judge Marilyn D. Go on 10/2/2012. (Proujansky, Josh)
September 28, 2012 Opinion or Order ORDER granting the City's and agency defendants' motions for a pre-motion conference #347 #348 to the extent that the motions are referred to Judge Go who will determine whether a pre-motion conference is necessary at this time and whether the City and agency defendants should be given leave to file their proposed summary judgment motions. Ordered by Judge Eric N. Vitaliano on 9/28/2012. (Rasor, Katherine)
September 26, 2012 Filing 370 REPLY in Opposition re #367 MOTION for Protective Order filed by S.W.. (Attachments: #1 Exhibit Plaintiffs' Notice of Expert Witness Disclosure, #2 Exhibit Minute Entry for Hearing Held on November 18, 2011) (Babbitt, Theodore)
September 24, 2012 Filing 369 RESPONSE in Opposition re #367 MOTION for Protective Order filed by City of New York. (Schaerf, Carl)
September 14, 2012 Opinion or Order SCHEDULING ORDER: Defendants shall file their response to the #367 MOTION for Protective Order by 9/24/12. Ordered by Magistrate Judge Marilyn D. Go on 9/14/2012. (Abdallah, Fida)
September 13, 2012 Filing 368 RESPONSE to Motion re #367 MOTION for Protective Order filed by City of New York. (Strikowsky, Bruce)
September 13, 2012 Filing 367 MOTION for Protective Order by S.W.. (Attachments: #1 Exhibit A - Bruce Strikowsky August 23, 2012 letter, #2 Exhibit Deposition Excerpt, #3 Exhibit Carl Schaerf email of September 11, 2012) (Babbitt, Theodore) Modified on 9/13/2012 (Abdallah, Fida).
September 13, 2012 NOTICE: the Court has restricted access to ct. doc. 367-2 and modified its description on the docket sheet since they disclose the names of plaintiffs. (Proujansky, Josh)
June 26, 2012 Filing 366 Witness List by S.W. (Babbitt, Theodore)
June 26, 2012 Filing 365 Witness List by S.W. (Babbitt, Theodore)
June 19, 2012 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Status/Settlement Conference held on 6/19/2012. Appearances by T. Babbitt, A. Romanelli and W. Kappel for plaintiffs; C. Schaerf, B. Strikowsky, M. Kelly and A. Fihma for City defendants; R. Delmond for agency defendants; C. Shiner for Edwin Gould; S. Smith-Valentine for Thelma Bowes. Agency defendants must file a status report regarding coverage issues by 8/20. Court discussed status of settlement with the parties. (Abdallah, Fida)
June 11, 2012 Opinion or Order SCHEDULING ORDER: a telephone status conference will be held on 6/19/12 at 4:30 p.m. Ordered by Magistrate Judge Marilyn D. Go on 6/11/2012. (Proujansky, Josh)
May 23, 2012 Opinion or Order ORDER granting #364 Motion to Withdraw as Attorney. Attorney Shirim Nothenberg terminated. Ordered by Magistrate Judge Marilyn D. Go on 5/23/2012. (Abdallah, Fida)
May 22, 2012 Filing 364 MOTION to Withdraw as Attorney Shirim Nothenberg by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Proposed Order) (Kapell, William)
May 1, 2012 Filing 363 Letter by Edwin Gould Services for Children (Eniclerico, Richard)
April 30, 2012 Filing 362 Letter MOTION for Hearing On Motions to Dismiss Third-Party Defendants by S.W.. (Babbitt, Theodore)
April 4, 2012 Opinion or Order STATUS REPORT ORDER: The agency defendants must file a status report regarding coverage issues by 5/15/2012. Ordered by Magistrate Judge Marilyn D. Go on 4/4/2012. (Abdallah, Fida)
April 3, 2012 Filing 361 REPLY to Response to Motion re #359 Letter MOTION to Compel against Agency Defendants relative to compliance with Court's Order of March 7, 2012 and Withdrawal of Motion to Compel filed by S.W.. (Babbitt, Theodore)
April 3, 2012 Filing 360 REPLY in Opposition to plaintiffs' motion to compel filed by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
April 3, 2012 Opinion or Order ORDER withdrawing #359 Motion to Compel per plaintiffs' reply #361 . Ordered by Magistrate Judge Marilyn D. Go on 4/3/2012. (Go, Marilyn)
April 2, 2012 Filing 359 Letter MOTION to Compel against Agency Defendants relative to compliance with Court's Order of March 7, 2012 by S.W.. (Attachments: #1 Appendix A - Emails regarding insurance policies) (Babbitt, Theodore)
April 2, 2012 Opinion or Order Filing 358 MEMORANDUM AND ORDER. There is no merit to defendants' claim that Judge Go's order was dispositive of any claim, was beyond her referred authority, or was clearly erroneous or contrary to law. Accordingly, defendants' objections are overruled and the order of Magistrate Judge Go is affirmed. Ordered by Judge Eric N. Vitaliano on 3/25/2012. (Siegfried, Evan)
March 28, 2012 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Discovery Hearing held on 3/28/2012. Appearances by Theodore Babbitt, Ami Romanelli, Amanda Thompason for plaintiffs; Carl Schaerf for the City defendants; Robert Delmond for the agency defendants; and Kimberly Miller for third-party defendant Edwin Gould. Rulings made on the record regarding objections during deposition of plaintiffs' liability expert. (Abdallah, Fida)
March 28, 2012 Filing 357 NOTICE of Change of Address by Sonya A Smith-Valentine (Smith-Valentine, Sonya)
March 28, 2012 Opinion or Order ORDER granting 328 Motion for Leave to Electronically File Document under Seal. Ordered by Magistrate Judge Marilyn D. Go on 3/28/2012. (Go, Marilyn)
March 12, 2012 Filing 356 TRANSCRIPT of Proceedings held on March 6, 2012, before Judge Go. Court Transcriber: Transcription Plus II, Telephone number 718-987-4285. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/2/2012. Redacted Transcript Deadline set for 4/12/2012. Release of Transcript Restriction set for 6/11/2012. (Rocco, Christine)
March 6, 2012 Minute Order for proceedings held before Magistrate Judge Marilyn D. Go: Motion Hearing held on 3/6/2012. Appearances by Theodore Babbitt, Howard Talenfeld, Ami Romanelli, and Amanda Thompson for plaintiffs; Carl Schaerf, Bruce Strikowsky, Matthew Kelly and Allison Fihma for City defendants; Robert Delmond for agency defendants. Argument heard denying #354 the Agency defendants' motion for a protective order. The Agency defendants must promptly produce any insurance policies in their possession and must attempt to obtain the policies they lack, particularly those polices for which coverage has been denied. They must update the information regarding the layers of insurance coverage previously provided, identifying the policies for which denials have been issued, and provide copies of correspondence regarding denials. The agency defendants must file a status report regarding coverage issues by 3/30/12. (FTR/C 4:07-4:27 and ESR C11/41 2051-3487) (Abdallah, Fida)
February 29, 2012 Filing 355 RESPONSE in Opposition re #354 First MOTION for Protective Order filed by S.W.. (Attachments: #1 Exhibit Agency Defendant Supplemental Response to July 1, 2009, interrogatories, #2 Exhibit Agency Defendants Supplemental Responses) (Babbitt, Theodore)
February 29, 2012 Opinion or Order SCHEDULING ORDER: a telephone conference will be held on 3/6/12 at 4:00 p.m. regarding the Agency defendants' motion for a protective order. Ordered by Magistrate Judge Marilyn D. Go on 2/29/2012. (Proujansky, Josh)
February 28, 2012 Filing 354 First MOTION for Protective Order by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
January 30, 2012 Filing 353 TRANSCRIPT of Proceedings held on January 13, 2012, before Judge Go. Court Transcriber Transcription Plus II, Inc., Telephone number 718-987-4285. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/21/2012. Redacted Transcript Deadline set for 3/1/2012. Release of Transcript Restriction set for 4/30/2012. (Rocco, Christine)
January 13, 2012 Minute Order for proceedings held before Magistrate Judge Marilyn D. Go: Motion Hearing via telephone held on 1/13/2012. City defendants' #346 motion for discovery-to compel is granted. The plaintiffs must supplement their response to interrogatory 12 by 2/3/12. (FTR/C: 4:01 - 4:13 ESR: C11/37 1382 - 2165)(Abdallah, Fida)
January 13, 2012 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 1/13/2012. Appearances by Robert Delmond for agency defendants. Report on coverage given. Counsel must fax to the Court a further status report by 2/22/12. (Abdallah, Fida)
January 13, 2012 Filing 352 RESPONSE in Opposition re #348 Letter MOTION for pre motion conference regarding a Rule 56 motion filed by All Plaintiffs. (Nothenberg, Shirim)
January 13, 2012 Filing 351 RESPONSE in Opposition re #347 First MOTION for Leave to File motion for summary judgment filed by All Plaintiffs. (Nothenberg, Shirim)
January 12, 2012 Filing 350 REPLY to Response to Motion re #346 Letter MOTION for Discovery filed by City of New York. (Schaerf, Carl)
January 11, 2012 Filing 349 RESPONSE to Motion re #346 Letter MOTION for Discovery filed by All Plaintiffs. (Talenfeld, Howard)
January 9, 2012 Opinion or Order SCHEDULING ORDER: Any response re #346 Letter MOTION for Discovery must be filed by 1/11/12 by 12 noon. A telephone conference will be held on 1/13/12, at 4:00 p.m. Defendants shall provide this court with a courtesy copy of the motion papers. Ordered by Magistrate Judge Marilyn D. Go on 1/9/2012. (Abdallah, Fida)
January 6, 2012 Filing 348 Letter MOTION for pre motion conference regarding a Rule 56 motion by City of New York. (Schaerf, Carl)
January 6, 2012 Filing 347 First MOTION for Leave to File motion for summary judgment by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
January 4, 2012 Filing 346 Letter MOTION for Discovery by City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Schaerf, Carl)
December 19, 2011 Opinion or Order ORDER granting in part and denying in part #344 Motion for Extension of Time to File Response/Reply. This Court agrees with the City defendants that deadlines set should be observed. While defendants have articulated only generalized complaints, plaintiffs have not forwarded any reason for not meeting the deadline set and made their application on the day of the deadline. However, in the interest of full disclosure, this Court will grant an extension until 12/20/11. Ordered by Magistrate Judge Marilyn D. Go on 12/19/2011. (Go, Marilyn)
December 16, 2011 Filing 345 RESPONSE in Opposition re #344 Letter MOTION for Extension of Time to File Response/Reply Supplemental Responses to City Defendant's Interrogatories filed by City of New York. (Schaerf, Carl)
December 16, 2011 Filing 344 Letter MOTION for Extension of Time to File Response/Reply Supplemental Responses to City Defendant's Interrogatories by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Talenfeld, Howard)
December 15, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 12/15/2011. Appearances by Robert Delmond for agency defendants. Next conference scheduled for Jan. 13, 2012 at 12:45 p.m. (Abdallah, Fida)
December 12, 2011 Filing 343 RESPONSE in Opposition re #342 Letter MOTION to Vacate Pursuant to Federal Rule of Civil Procedure 72 Objecting to Magistrate Judge Go's Order Striking the Report of Barry Cozier filed by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Nothenberg, Shirim)
December 5, 2011 Filing 342 Letter MOTION to Vacate Pursuant to Federal Rule of Civil Procedure 72 Objecting to Magistrate Judge Go's Order Striking the Report of Barry Cozier by City of New York. (Schaerf, Carl)
December 1, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 12/1/2011. Appearances by Robert Delmond for Agency defendants. Counsel reported on status of discussions with insurers. Next settlement conference with agency defendant scheduled for Dec. 15, 2011 at 5:00 p.m. (by tel) (Abdallah, Fida)
November 22, 2011 Filing 341 TRANSCRIPT of Proceedings held on November 18, 2011, before Judge Go. Court Transcriber: Transcription Plus II, Telephone number 718-987-4285. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/13/2011. Redacted Transcript Deadline set for 12/23/2011. Release of Transcript Restriction set for 2/21/2012. (Rocco, Christine)
November 21, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Motion Hearing held on 11/18/2011 re #337 MOTION to Strike. Appearances by Howard Talenfeld (by tel), Melissa Cohen and Shirim Nothenberg for plaintiffs; Carl Schaerf, Bruce Strikowsky, Matthew Kelly and Allison Fihma for City defendants; Thomas Reilly for agency defendants; Kimberly Miller for Edwin Gould. As discussed on the record, plaintiffs' motion to strike the expert report of Barry Crozier is granted. The report is not appropriate sur-rebuttal and addresses issues raised in Dr. Hess's original report of 12/2010, rather than in plaintiffs' rebuttal expert reports. The new issues raised in the report regarding the role of the Family Court are tangential to plaintiffs' claims regarding the conduct of ACS and the Agency defendants. (FTR: 3:40-4:18, ESR: B11/31 258-2735). (Albertsen, Joanne)
November 17, 2011 Filing 340 RESPONSE in Opposition re #337 MOTION to Strike to preclude defendants' judicial expert filed by City of New York. (Schaerf, Carl)
November 14, 2011 Filing 339 RESPONSE to Motion re #338 Letter MOTION for Discovery Barring Additional Supplemental Disclosures or Additional Discovery Demands filed by All Plaintiffs. (Talenfeld, Howard)
November 11, 2011 Opinion or Order ORDER: Defendants' #338 Motion for Discovery is granted insofar as they seek an extension of time to respond to plaintiff's motion to strike #337 . Defendants' response must be filed by Nov. 17, 2011 at 12:00 noon. A hearing on the motion will be held on Nov. 18, 2011 at 3:30 p.m. Ordered by Magistrate Judge Marilyn D. Go on 11/11/2011. (Go, Marilyn)
November 10, 2011 Filing 338 Letter MOTION for Discovery Barring Additional Supplemental Disclosures or Additional Discovery Demands by City of New York. (Schaerf, Carl)
November 10, 2011 Filing 337 MOTION to Strike to preclude defendants' judicial expert by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Exhibit Cozier Report) (Nothenberg, Shirim)
November 9, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 11/9/2011. Appearances by Robert Delmond for Agency defendants. Coverage issues discussed and continued to Dec. 1, 2011 at 9:45 a.m. (by tel) (Abdallah, Fida)
October 28, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 10/28/2011. Appearances by Robert Delmond for agency defendants. Settlement discussions held with the agency defendants, the primary insurer and their coverage counsel. A further conference will be held after disclosure of all issues of relevant policies and contact with the issuers of those policies. (Abdallah, Fida)
October 28, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 10/28/2011. Appearances by Theodore Babbitt, Howard Talenfeld, Ami Romanelli for plaintiffs; Carl Schaerf, Bruce Strikowsky, for City defendants; Robert Delmond for agency defendants; Kimberly Miller for Edwin Gould. Settlement discussions held. Next conference scheduled for Nov. 9, 2011 at 9:30 a.m. (by tel) with counsel for agency defendants only. (Abdallah, Fida)
October 26, 2011 Opinion or Order SCHEDULING ORDER: An in-person Settlement Conference will be held on 10/26/11, at 10:00 a.m. with counsel for agency defendants and representatives from from Chartis and the Roman Catholic Diocese of Brooklyn. Ordered by Magistrate Judge Marilyn D. Go on 10/26/2011. (Abdallah, Fida)
October 26, 2011 Opinion or Order CORRECTED SCHEDULING ORDER: An in-person Settlement Conference will be held on 10/28/11, at 10:00 a.m. with counsel for agency defendants and representatives from from Chartis and the Roman Catholic Diocese of Brooklyn. Ordered by Magistrate Judge Marilyn D. Go on 10/26/2011. (Abdallah, Fida)
October 25, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 10/25/2011. Appearances by Robert Delmond for agency defendants. Counsel must promptly arrange for a further conference that he, coverage counsel for the insurer and the insured must attend. (Abdallah, Fida)
October 17, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Scheduling Conference held on 10/17/2011. Appearances by Theodore Babbitt, Howard Talenfeld, Shirim Nothenberg for plaintiffs; Carl Schaerf, Bruce Strikowsky, Matthew Kelly and Allison Fihma for City defendants; Robert Delmond for agency defendants; Kimberly Miller for Edwin Gould and Sonya Smith-Valentine for Thelma Bowes. Counsel for the Agency defendants shall report on the progress of the insurer's evaluation at a conference on Oct. 25, 2011 at 9:30 a.m. (by tel). The conference scheduled for Oct. 28, 2011 at 11:00 a.m. shall be changed to a telephone conference. An in-person settlement conference will be held on November 9, 2011, at 9:30 a.m. (Abdallah, Fida)
October 17, 2011 Filing 336 First MOTION to Seal Document # 335 by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
October 17, 2011 Filing 335 Letter MOTION to Adjourn Conference (telephone conference of 10/17/2011 at 3:30 pm) by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
October 17, 2011 Opinion or Order ORDER denying #335 Motion to Adjourn Conference. Ordered by Magistrate Judge Marilyn D. Go on 10/17/2011. (Abdallah, Fida)
October 17, 2011 Opinion or Order ORDER granting #336 Motion to Seal Document #335 Letter MOTION to Adjourn Conference since the letter contains communications concerning settlement. Ordered by Magistrate Judge Marilyn D. Go on 10/17/2011. (Go, Marilyn)
October 13, 2011 Opinion or Order Filing 334 ORDER granting #331 Motion for Extension of Time to File. The report must be produced by 11/7/11, any objections filed by 11/9/11 and a response filed by 11/10/11. All documents must be filed or produced by 6 p.m. on the date specified. Ordered by Magistrate Judge Marilyn D. Go on 10/13/2011. (Go, Marilyn)
October 12, 2011 Filing 333 REPLY to Response to Motion re #331 Letter MOTION for Extension of Time to File Expert Report filed by City of New York. (Schaerf, Carl)
October 11, 2011 Filing 332 RESPONSE in Opposition re #331 Letter MOTION for Extension of Time to File Expert Report filed by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Nothenberg, Shirim)
October 10, 2011 Filing 331 Letter MOTION for Extension of Time to File Expert Report by City of New York. (Schaerf, Carl)
October 4, 2011 Filing 330 TRANSCRIPT of Proceedings held on September 28, 2011, before Judge Go. Court Transcriber: Transcription Plus II, Telephone number 718-987-4285. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/25/2011. Redacted Transcript Deadline set for 11/4/2011. Release of Transcript Restriction set for 1/3/2012. (Rocco, Christine)
September 28, 2011 Minute Order for proceedings held before Magistrate Judge Marilyn D. Go: Motion Hearing/Scheduling Conference held on 9/28/2011. Appearances by Shirim Nothenberg, Theodore Babbit and Howard Talendfeld for plaintiffs; Carl Schaerf and Bruce Strikowsky for City defendant; Robert Delmond for agency defendants and Thomas Catalano for Edwin Gould. Rulings made on the record granting in part and denying in part plaintiffs' #323 motion to preclude expert witnesses. Plaintiffs' motion is denied as to the City defendant's welfare fraud expert and proposed welfare policy expert, which the Court finds to be within the scope of the Court's prior order permitting defendants to designate experts responsive to the new issues raised in plaintiffs' supplemental/rebuttal reports, but the proposed testimony by the welfare policy expert is limited to testimony explaining the reasons for the procedures that were in place for detecting welfare fraud and related issues during the relevant time period. The testimony of the City's proposed privacy expert may not include procedures utilized by banks and all expert testimony permitted is limited to the procedures and policies in place during the relevant time period. As to the City's proposed judicial expert, decision is reserved subject to review of that their expert's report which must be submitted by 10/14/11. A settlement conference will be held by telephone on 10/17/11 at 3:30 p.m. (by tel.) and an in person conference on 10/28/11 at 11:00 a.m. (FTR 11:11 - 11:35 and ESR B11/24 6398 - B11/25 10) (Abdallah, Fida)
September 27, 2011 Opinion or Order ORDER granting #329 Motion to Withdraw as Attorney. Attorney Susan Lambiase terminated. Ordered by Magistrate Judge Marilyn D. Go on 9/27/2011. (Abdallah, Fida)
September 23, 2011 Filing 329 MOTION to Withdraw as Attorney Susan Lambiase by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Withdraw Susan Lambiase as Attorney) (Nothenberg, Shirim)
September 14, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 9/14/2011. Appearances by Theodore Babbitt. Settlement discussions held. Next conference scheduled for Sept. 28, 2011 at 11:00 a.m. to discuss plaintiffs' motion and settlement (Abdallah, Fida)
September 13, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Settlement Conference held on 9/13/2011. Appearances by Carl Schaerf, Bruce Strikowsky, Audrey Goldenber for City defendants; Robert Delmond, for agency defendants; Thomas Catalano and Curt Schiner for Edwin Gould. Settlement discussions held with defendants. Court will have discussion with plaintiffs' counsel and set a conference for next week. (Abdallah, Fida)
September 12, 2011 Filing 327 REPLY to Response to Motion re #323 MOTION to Strike Defendants' Proposed Additional Expert Reports filed by All Plaintiffs. (Nothenberg, Shirim)
September 9, 2011 Filing 326 RESPONSE to Motion re #323 MOTION to Strike Defendants' Proposed Additional Expert Reports filed by City of New York. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Exhibit Part 4) (Kelly, Matthew)
September 8, 2011 Filing 325 Letter MOTION for Leave to Electronically File Document under Seal by City of New York. (Kelly, Matthew)
September 8, 2011 Filing 324 RESPONSE to Motion re #323 MOTION to Strike Defendants' Proposed Additional Expert Reports filed by City of New York. (Schaerf, Carl)
September 8, 2011 Opinion or Order ORDER granting #325 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the transcript of the final adoption proceedings that are the subject of this application under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Marilyn D. Go on 9/8/2011. NOTICE: This application was filed under seal, but does not contain any confidential information. The Clerk of the Court is respectfully requested to unseal this motion which apparently was automatically sealed with its filing via ECF. (Go, Marilyn)
September 6, 2011 Filing 323 MOTION to Strike Defendants' Proposed Additional Expert Reports by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Nothenberg, Shirim)
August 16, 2011 Filing 322 Letter MOTION to Vacate Pursuant to Federal Rule of Civil Procedure 72 Objecting to Magistrate Judge Go's Order dated July 25, 2011 by City of New York. (Attachments: #1 Plaintiffs' Response to Motion dated August 12, 2011, #2 Exhibit A to Plaintiffs' Response to Motion, #3 Letter Reply, #4 Cover Letter to Judge Vitaliano dated August 16, 2011) (Schaerf, Carl)
August 12, 2011 Filing 321 Letter to Judge Eric N. Vitaliano by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L. (Nothenberg, Shirim)
August 4, 2011 Filing 320 Letter to Judge Eric N. Vitaliano by Administration for Children's Services, City of New York (Schaerf, Carl)
August 4, 2011 Opinion or Order ORDER granting #316 Motion to Adjourn Conference: The conference is adjourned to September 13, 2011, at 3:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 8/4/2011. (Abdallah, Fida)
August 3, 2011 Filing 319 Letter MOTION for Extension of Time to File notice of any new experts not previously disclosed by City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B) (Schaerf, Carl)
August 3, 2011 Opinion or Order ORDER denying #317 Motion for Reconsideration; granting #319 Motion for Extension of Time to File to 8/19/11 to provide expert notice. As this Court recognized at the 7/22/11 conference, there is a compelling need to complete discovery promptly. This extension of defendants' time to provide expert notice does not otherwise affect the discovery schedule set. Ordered by Magistrate Judge Marilyn D. Go on 8/3/2011. (Proujansky, Josh)
August 2, 2011 Filing 318 RESPONSE in Opposition re #317 MOTION for Reconsideration of Minute Order of the Extension of Discovery and Attendant Schedule at Hearing on July 22, 2011 filed by City of New York. (Schaerf, Carl)
August 2, 2011 Filing 317 MOTION for Reconsideration of Minute Order of the Extension of Discovery and Attendant Schedule at Hearing on July 22, 2011 by S.W.. (Babbitt, Theodore)
August 2, 2011 Filing 316 Consent MOTION to Adjourn Conference of August 31, 2011 by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
August 1, 2011 Opinion or Order ORDER denying as moot #306 Motion to Vacate Magistrate Judge's Order. The motion is denied as moot in light of #313 plaintiffs' letter advising Judge Go that they will abide by the decision of the Social Security Administration. Ordered by Judge Eric N. Vitaliano on 8/1/2011. (Nuttall, Sean)
July 29, 2011 Filing 315 NOTICE of Appearance by Theodore Babbitt on behalf of T.G. (aty to be noticed) (Babbitt, Theodore)
July 27, 2011 Filing 314 TRANSCRIPT of Proceedings held on 7/22/11, before Judge Go. Court Transcriber TRANSCRIPTION PLUS II, Telephone number 718-987-4285. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2011. Redacted Transcript Deadline set for 8/29/2011. Release of Transcript Restriction set for 10/25/2011. (Hong, Loan)
July 27, 2011 Filing 313 Letter Honorable Marilyn Go regarding abiding by decision of Social Security Administration by S.W. (Babbitt, Theodore)
July 27, 2011 Opinion or Order ORDER denying as moot #299 Motion to Compel; denying as moot #310 Motion for Reconsideration; denying as moot #295 Letter motion for reconsideration in light of #313 plaintiffs' Letter that they will abide by the decision of the Social Security Administration. Ordered by Magistrate Judge Marilyn D. Go on 7/27/2011. (Proujansky, Josh)
July 27, 2011 NOTICE: Future requests to compel discovery or for any other type of relief may be made by letter, if appropriate, but must be filed as a "motion" from the appropriate category on the ECF list of civil events. Requests not properly filed may be disregarded. (Proujansky, Josh)
July 26, 2011 Filing 312 Letter withdrawing pre-motion letter of 2/18/11 by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. (Delmond, Robert)
July 26, 2011 Opinion or Order ORDER withdrawing request of Heartshare Human Services, SCO Family of Services and St. Joseph Services for Children, Inc. for a pre-motion conference #280 , which was filed as a Motion for Summary Judgment, in light of their letter filed 7/26/11 #318 . Ordered by Magistrate Judge Marilyn D. Go on 7/26/2011. (Go, Marilyn)
July 25, 2011 Opinion or Order Filing 311 ORDER denying #296 Motion to Preclude. The City defendant's motion to preclude the three expert reports is denied. The schedule for limited discovery on welfare and additional expert reports is set as discussed at the hearing on this motion. Ordered by Magistrate Judge Marilyn D. Go on 7/25/2011. (Proujansky, Josh)
July 22, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Motion Hearing/Scheduling/Settlement Conference held on 7/22/2011. Appearances by Theodore Babbitt, Stephan LeClainche, Ami Romanelli, Michael Dolce for plaintiffs; Carl Schaerf, Bruce Strikowsky, Matthew Kelly, Allison Fihma for the City defendants; Thomas Reilly for the agency defendants; Thomas Catalano for third-party defendant Edwin Gould; and Kathleen Nandan for non-party United States. Plaintiff will advise whether it seeks review of the Social Security Administrations determination regarding Mr. LeBlanc's testimony by 7/27/11 and if so, any appeal, with the Government's consent, shall be filed in this action. Moving papers must be filed by 8/3/11; opposition by 8/17/11 and any reply by 8/24/11. The City defendants motion to preclude #296 plaintiff's rebuttal/supplemental expert reports is denied, as discussed on the record, but fact discovery is extended to 10/14/11 solely as to the facts underlying the new matters raised in the said reports. Defendants may submit sur-rebuttal/supplemental expert reports but only as to these new matters by 11/14/11. Notice must be given by 8/5/11 of any new experts not previously disclosed. Expert depositions to be completed by 12/23/11. Pre-motion letters regarding dispositive motions must be filed by 1/6/11 and opposition by 1/13/11. Next conference with defendants regarding insurance coverage scheduled for 8/31/11 at 9:30 a.m. (FTR 3:35-4:36 and ESR B11/19 3003-B11/20 299) (Abdallah, Fida)
July 22, 2011 NOTICE: Attorneys appearing in court proceedings today must dress neatly. However, in light of the heat advisory issued by National Weather Service, attorneys need not wear jacket, tie or long-sleeved shirts. (Proujansky, Josh)
July 21, 2011 NOTICE re #310 MOTION for Reconsideration re #293 Order on Motion for Disclosure: the government's letter will be discussed at the 7/22/11 conference. (Proujansky, Josh)
July 19, 2011 Filing 310 MOTION for Reconsideration re #293 Order on Motion for Disclosure, (motion for leave to move for reconsideration on or before August 5, 2011) by Social Security Administration of the United States. (Nandan, Kathleen)
July 15, 2011 Filing 309 Letter to Judge Go attaching Social Security Administration letter of July 14, 2011 by S.W. (Attachments: #1 Exhibit A Social Security Administration Letter of July 14, 2011) (Babbitt, Theodore)
July 12, 2011 Opinion or Order SCHEDULING ORDER: the conference scheduled for 7/15/11 is adjourned to 7/22/11 at 3:30 p.m. The parties may appear in-person. Ordered by Magistrate Judge Marilyn D. Go on 7/12/2011. (Proujansky, Josh)
July 11, 2011 Filing 308 Letter to Magistrate Go Opposition to Defendant's Request the July 15, 2011, Conference be Held in Person by S.W. (Babbitt, Theodore)
July 11, 2011 Filing 307 Letter to Magistrate Judge Go requesting the July 15, 2011 conference be held in person by City of New York (Schaerf, Carl)
July 11, 2011 Filing 306 Letter MOTION to Vacate Pursuant to Fderal Rule of Civil Procedure 72 Objecting to Magistrate Judge Go's Order Dated June 3, 2011 by Administration for Children's Services, City of New York. (Attachments: #1 Cover Letter to Hon. Vitaliano dated June 17, 2011, #2 Plaintiffs' Response to Rule 72 Motion, #3 City's Reply in Further Support of Rule 72 Motion) (Schaerf, Carl)
July 7, 2011 Opinion or Order SCHEDULING ORDER: re #296 Letter MOTION to Preclude Plaintiffs' Rebuttal and/or Supplemental Reports filed by City of New York. A telephone conference will be held on 7/15/11 at 11:30 a.m. Ordered by Magistrate Judge Marilyn D. Go on 7/7/2011. (Proujansky, Josh)
July 1, 2011 Filing 305 REPLY in Support re #296 Letter MOTION for Disclosure to Preclude Plaintiffs' Rebuttal and/or Supplemental Reports filed by City of New York. (Schaerf, Carl)
June 28, 2011 Filing 304 RESPONSE to Motion re #296 Letter MOTION for Disclosure to Preclude Plaintiffs' Rebuttal and/or Supplemental Reports filed by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Attachments: #1 Exhibit Ex. A Part 1, #2 Exhibit Ex. A Part 2, #3 Exhibit Ex. B, #4 Exhibit Ex. C Part 1, #5 Exhibit Ex. C Part 2, #6 Exhibit Ex. D, #7 Exhibit Ex. E, #8 Exhibit Ex. F) (Nothenberg, Shirim)
June 28, 2011 Filing 303 Letter to Honorable Marilyn Go regarding supplemental correspondence to the Social Security Administration by S.W. (Attachments: #1 Exhibit A Social Security Administration letter) (Babbitt, Theodore)
June 28, 2011 Filing 302 NOTICE by S.W. Notice of Compliance with Court's 6-27-11 Order (Attachments: #1 Exhibit Exhibit A Part I, #2 Exhibit Exhibit A Part II, #3 Exhibit Exhibit A Part III, #4 Exhibit Exhibit A Part IV) (Babbitt, Theodore)
June 27, 2011 Filing 301 RESPONSE in Opposition re #299 MOTION to Compel Further Interference from Defendant, City of New York, in Plaintiffs Obtaining Social Security Administration Witness filed by Administration for Children's Services, City of New York. (Strikowsky, Bruce)
June 27, 2011 Filing 300 NOTICE by S.W. Notice of Compliance with the Court's Order dated June 27, 2011 Regarding Submissions Concerning Mr. Le Blanc's Testimony to Michelle Christ (Babbitt, Theodore)
June 27, 2011 Opinion or Order ORDER: if they have not already done so, plaintiffs must promptly send a copy of the Court's June 3, 2011 order and the parties' submissions concerning Mr. LeBlanc's testimony to Michelle Christ, Assistant Regional Counsel, Social Security Administration. Ordered by Magistrate Judge Marilyn D. Go on 6/27/2011 (sent via fax to Michelle Christ). (Proujansky, Josh)
June 24, 2011 Filing 299 MOTION to Compel Further Interference from Defendant, City of New York, in Plaintiffs Obtaining Social Security Administration Witness by S.W.. (Attachments: #1 Exhibit A - Social Security Application) (Babbitt, Theodore)
June 23, 2011 Opinion or Order ORDER granting #298 Motion for Extension of Time to File. A schedule will be set at a hearing to be scheduled or in a decision on pending motions regarding expert discovery. Ordered by Magistrate Judge Marilyn D. Go on 6/23/2011. (Go, Marilyn)
June 22, 2011 Filing 298 Letter MOTION for Extension of Time to File Pre-Motion Letter on Summary Judgment by City of New York. (Schaerf, Carl)
June 21, 2011 Opinion or Order Filing 297 SCHEDULING ORDER: This Court has received a letter from the Office of the Regional Counsel which has also been faxed to counsel for the plaintiffs and the City defendants. A copy is filed herewith. Any response to the letter, as well as plaintiffs' response to the letter application for reconsideration filed by the City defendants #295 , must be filed by 6/28/11. Any reply must be filed by 7/1/11. Ordered by Magistrate Judge Marilyn D. Go on 6/21/2011. (Abdallah, Fida)
June 21, 2011 Filing 296 Letter MOTION for Disclosure to Preclude Plaintiffs' Rebuttal and/or Supplemental Reports by City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Schaerf, Carl)
June 17, 2011 Filing 295 Letter to Magistrate Judge Go by Administration for Children's Services, City of New York (Strikowsky, Bruce)
June 17, 2011 Filing 294 Letter to Judge Eric N. Vitaliano by Administration for Children's Services, City of New York (Strikowsky, Bruce)
June 3, 2011 Opinion or Order Filing 293 ORDER granting #286 Motion to Permit Expert. The expert discovery schedule is modified to permit plaintiffs to serve Mr. LeBlanc's report by June 21, 2011 and for defendants to supplement their expert reports by July 21, 2011. Ordered by Magistrate Judge Marilyn D. Go on 6/3/2011. (Proujansky, Josh)
May 6, 2011 Filing 292 RESPONSE in Opposition re #286 Letter MOTION for Disclosure Adding Witness to Case in Chief filed by City of New York. (Schaerf, Carl)
May 4, 2011 Filing 291 REPLY in Support re #286 Letter MOTION for Disclosure Adding Witness to Case in Chief Regarding Proposed Testimony of Stanley LeBlanc filed by S.W.. (Attachments: #1 Exhibit A - Affidavit of Stanley LeBlanc) (Babbitt, Theodore)
April 28, 2011 Filing 290 TRANSCRIPT of Proceedings held on 4/21/11, before Judge Go. Court Transcriber ARIA TRANSCRIPTIONS, Telephone number 215-767-7700. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/19/2011. Redacted Transcript Deadline set for 5/31/2011. Release of Transcript Restriction set for 7/27/2011. (Hong, Loan)
April 21, 2011 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Telephone Conference held on 4/21/2011. Appearances by Theodore Babbitt, Ami Romanelli, Stephan Le Clainche and Michael Dolce for plaintiffs; Carl Schaerf, Bruce Strikowsky and Allison Fihma for City defendants; Robert Delmond for agency defendants; Curt Schiner for Edwin Gould. Argument heard on #286 plaintiffs' motion for an extension of time. For the reasons stated on the record and as further discussed in a separate order to be filed, the motion is granted, but subject to compliance with 20 C.F.R. 403.110(b)(3), to the extent applicable. Discovery shall be extended to the extent necessary with respect to the subject matter of the factual and expert testimony that plaintiffs intend to present through Mr. LeBlanc. By 5/5/11, plaintiffs must file a report discussing the applicability of the regulation to Mr. LeBlanc's report and a proposed discovery schedule, after conferring with the other parties. The report should include an affidavit of Mr. LeBlanc generally describing his proposed testimony and the circumstances under which he acquired knowledge of the information to be contained in his report. (ESR 11/10 1590-3859 and FTR 3:34-4:06) (Abdallah, Fida)
April 19, 2011 Opinion or Order SCHEDULING ORDER: a telephone conference will be held on 4/21/11 at 3:00 p.m. re #286 plaintiff's motion to add a witness. Ordered by Magistrate Judge Marilyn D. Go on 4/19/2011. (Proujansky, Josh)
April 18, 2011 Filing 289 TRANSCRIPT of Proceedings held on November 30, 2010, before Judge Go. Court Transcriber: Aria Transcriptions, Telephone number 215-767-7700. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/9/2011. Redacted Transcript Deadline set for 5/19/2011. Release of Transcript Restriction set for 7/18/2011. (Rocco, Christine)
April 14, 2011 Filing 288 REPLY in Support re #286 Letter MOTION for Disclosure Adding Witness to Case in Chief filed by S.W.. (Attachments: #1 Exhibit A - Social Security letter of February 16, 2011) (Babbitt, Theodore)
April 12, 2011 Filing 287 RESPONSE in Opposition re #286 Letter MOTION for Disclosure Adding Witness to Case in Chief filed by City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Schaerf, Carl)
April 6, 2011 Filing 286 Letter MOTION for Disclosure Adding Witness to Case in Chief by S.W.. (Attachments: #1 Exhibit A Senator Nelson letter, #2 Exhibit B-1 Gregory Meacham report, #3 Exhibit B-2 Gregory Meacham report) (Babbitt, Theodore)
April 5, 2011 Clerk's ENTRY OF DEFAULT as to Third-Party Defendant Mia Karenga,pursuant to Rule 55(a) of the Federal Rules ofCivil Procedure. (Hamilton, Janet)
April 5, 2011 Clerk's ENTRY OF DEFAULT as to Third-Party Defendant Barbara Raikesaka Barbara Smith, pursuant to Rule 55(a) of the FederalRules of Civil Procedure. (Hamilton, Janet)
March 28, 2011 Filing 285 Letter MOTION for Extension of Time to Complete Discovery re Parties' Agreed Upon Modification to Expert Discovery Schedule by C.B., J.B., J.G., J.L., L.J., R.E., S.B., S.W., T.G., T.L.. (Lambiase, Susan)
March 28, 2011 Opinion or Order ORDER granting #285 Motion for Extension of Time to Complete Discovery. Defendants must serve their remaining expert reports by 4/14/11; plaintiffs must serve their rebuttal reports by 6/16/11; expert depositions must be completed by 8/31/11; defendants' pre-motion letters must be filed by 6/30/11 and plaintiffs' response by 7/14/11. Ordered by Magistrate Judge Marilyn D. Go on 3/28/2011. (Proujansky, Josh)
March 10, 2011 Opinion or Order Filing 284 ORDER granting #283 Motion for Discovery. The "So Ordered" subpoena may be picked up from Chambers. The executed CONFIDENTIALITY ORDER with respect to the documents produced is attached. Because plaintiffs failed to comply with Fed. R. Civ. P. 5.2 in filing their motion, that document will be sealed. (Abdallah, Fida)
March 3, 2011 Filing 283 Letter MOTION for Discovery application for Confidentialty Order and Subpoena to Social Security Administration by S.W.. (Babbitt, Theodore)
March 2, 2011 Opinion or Order ORDER granting #281 Motion to Supplement the scheduling order. This Court set the original schedule with the view that pre-motion letters would be filed after completition of the remaining authorized discovery concerning third party defendants. Accordingly, the scheduling order is also extended as follows: Defendants' pre-motion letters must be filed by 4/18/11 and any response filed no later than 5/4/11. Ordered by Magistrate Judge Marilyn D. Go on 3/2/2011. (Go, Marilyn)
February 28, 2011 Filing 282 Letter In Response to Request for Extension of Time to File Pre-Motion Letters by S.W. (Talenfeld, Howard)
February 23, 2011 Clerk's ENTRY OF DEFAULT as to Desmond Leekin, pursuant toRule 55(a) of the Federal Rules ofCivil Procedure. (Hamilton, Janet)
February 23, 2011 Clerk's ENTRY OF DEFAULT as to Vontrell Leekin,pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. (Hamilton, Janet)
February 22, 2011 Filing 281 Letter MOTION to Amend/Correct/Supplement the Scheduling Order by City of New York. (Strikowsky, Bruce)
February 18, 2011 Filing 280 Letter MOTION for Summary Judgment (request permission to move under FRCP 56 for summary judgment dismissing plaintiffs' complaint) by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
February 9, 2011 Opinion or Order ORDER granting #279 Motion for Leave to Appear pro hac vice. The admitted attorney, Michael T. Dolce, is permitted to argue or try this action in whole or in part as counsel or advocate for plaintiffs. Since the docket sheet indicates that the admission fee has been paid, the Clerk of the Court is respectfully requested to enter the appearance of counsel promptly on the docket sheet for this action and to make a notation of the attorney's admission pro hac vice on this Court's roll of attorneys. If not already registered for Electronic Case Filing ("ECF") with this Court, the admitted attorney must register for ECF or submit an application for exemption within two weeks of the date of this order. Ordered by Magistrate Judge Marilyn D. Go on 2/9/2011. (Proujansky, Josh)
January 26, 2011 Minute Order for proceedings held before Magistrate Judge Marilyn D. Go: Telephone Conference held on 1/26/2011. Appearances by Matthew Kelley for City defendants. Counsel advised that the parties have reached agreement on a proposed expert schedule. The motion #276 and letter request #273 for an extension are denied as moot. Parties will file a proposed new discovery schedule. (Abdallah, Fida)
January 26, 2011 Filing 279 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Filing fee $ 25, receipt number 0207-4586888. by S.W.. (Talenfeld, Howard)
January 26, 2011 Filing 278 Letter to Magistrate Judge Go re: an agreement by the parties on the extension of scheduling issue by City of New York (Schaerf, Carl)
January 26, 2011 Opinion or Order SCHEDULING ORDER: The discovery schedule set forth in the #278 Letter filed by City of New York is approved. Discovery is extended as follows: discovery concerning third party defendants, to the extent previously allowed, must be completed by 3/31/11; defendants' expert report regarding identification must be served by 3/16/11; defendants' expert report regarding other issues must be served by 3/31/11. Depositions of experts shall be conducted beginning one week after service of defendants' expert report on a particular subject and expert depositions completed by 5/11/11. Ordered by Magistrate Judge Marilyn D. Go on 1/26/2011. (Go, Marilyn)
January 18, 2011 Filing 277 Letter In Response to Agency Request for Extension of Time to Serve Expert Reports by S.W. (Talenfeld, Howard)
January 13, 2011 Filing 276 MOTION for Extension of Time to Complete Discovery (Defendants' Expert Exchange) by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
January 13, 2011 Opinion or Order SCHEDULING ORDER: a telephone conference will be held on 1/25/11 at 3:00 p.m. to discuss the City's request for an extension. Ordered by Magistrate Judge Marilyn D. Go on 1/13/2011. (Proujansky, Josh)
January 10, 2011 Filing 275 Letter Response to City's Request for Extension of Time to serve Expert Reports by S.W. (Talenfeld, Howard)
January 10, 2011 Filing 274 STIPULATION Stipulation of Remaining Parties and Claims by S.W. (Talenfeld, Howard)
January 7, 2011 Filing 273 Letter To Magistrate Judge Go requesting an extension of time to exchange defense expert reports by City of New York (Schaerf, Carl)
December 29, 2010 Opinion or Order Filing 272 ORDER: The parties are directed to confer with each other and file by January 7, 2011 a stipulated list of all parties and claims asserted, including identification of the parties that have been dismissed or are in default. Upon receipt of the stipulated list, the Clerk of Court shall update and correct the Court's docket sheet accordingly. Ordered by Magistrate Judge Marilyn D. Go on 12/29/2010. See attached for further details. (Abdallah, Fida)
December 22, 2010 Filing 271 Letter dated 12/17/10, from the Social Security Administration to Matthew J. Kelly, Jr. (Abdallah, Fida)
December 22, 2010 Opinion or Order Filing 270 CONFIDENTIALITY AND PROTECTIVE ORDER. Ordered by Magistrate Judge Marilyn D. Go on 12/22/2010. (Abdallah, Fida)
December 21, 2010 Filing 269 Letter to Magistrate Judge Marilyn D. Go by City of New York (Kelly, Matthew)
December 20, 2010 Filing 268 REPLY in Support re Plaintiff's #265 Corrected MOTION to Strike filed by S.W. (Talenfeld, Howard) Modified descriptive text on 12/21/2010 (Lee, Tiffeny).
December 20, 2010 Filing 267 AFFIDAVIT/DECLARATION in Opposition re Plaintiff's #265 Corrected MOTION to Strike filed by City of New York. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Talenfeld, Howard) Modified descriptive text on 12/21/2010 (Lee, Tiffeny).
December 20, 2010 Filing 266 MEMORANDUM in Opposition re Plaintiff's #265 Corrected MOTION to Strike filed by City of New York. (Talenfeld, Howard) Modified descriptive text on 12/21/2010 (Lee, Tiffeny).
December 20, 2010 Filing 265 Plaintiff's Corrected MOTION to Strike, correcting #237 Motion, by S.W. (Talenfeld, Howard) Modified to correct event and descriptive text on 12/21/2010 (Lee, Tiffeny).
December 20, 2010 Filing 264 MEMORANDUM in Opposition re #214 MOTION for Summary Judgment filed by Heartshare Human Services(a New York Corporation), SCO Family of Services(a New York Corporation), St. Joseph Services for Children, Inc.(a New York Corporation). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F - Part 1, #7 Exhibit F - Part 2, #8 Exhibit G - Part 1, #9 Exhibit G - Part 2, #10 Exhibit G - Part 3, #11 Exhibit G - Part 4, #12 Exhibit H - Part 1, #13 Exhibit H - Part 2, #14 Exhibit H - Part 3, #15 Exhibit H - Part 4, #16 Exhibit H - Part 5, #17 Exhibit H - Part 6, #18 Exhibit I, #19 Exhibit J, #20 Exhibit K, #21 Exhibit L, #22 Exhibit M - Part 1, #23 Exhibit M - Part 2, #24 Exhibit N, #25 Exhibit O) (Smith-Valentine, Sonya)
December 20, 2010 Filing 263 REPLY in Support re #214 MOTION for Summary Judgment filed by Thelma Bowes. (Smith-Valentine, Sonya)
December 20, 2010 Filing 262 RULE 56.1 STATEMENT re #214 MOTION for Summary Judgment filed by Administration for Children's Services, City of New York. (Smith-Valentine, Sonya)
December 20, 2010 Filing 261 Letter re voluntary dismissals of all claims against Carole Lee Kin (Brennan, Kevin)
December 20, 2010 Filing 260 AFFIDAVIT/DECLARATION in Opposition re #214 MOTION for Summary Judgment filed by Administration for Children's Services, City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P) (Smith-Valentine, Sonya)
December 20, 2010 Filing 259 MEMORANDUM in Opposition re #214 MOTION for Summary Judgment filed by Administration for Children's Services, City of New York. (Smith-Valentine, Sonya)
December 20, 2010 Filing 258 REPLY in Support re #210 MOTION for Summary Judgment under Rule 56 and for judgment on the pleadings under Rule 12(c), notice of motion reply memorandum of law filed by Edwin Gould Services for Children. (Catalano, Thomas)
December 20, 2010 Filing 257 MEMORANDUM in Opposition re #210 MOTION for Summary Judgment under Rule 56 and for judgment on the pleadings under Rule 12(c), notice of motion filed by Edwin Gould Services for Children. (Catalano, Thomas)
December 20, 2010 Filing 256 RULE 56.1 STATEMENT re #210 MOTION for Summary Judgment under Rule 56 and for judgment on the pleadings under Rule 12(c), notice of motion (in oppostion) response to Rule 56.1 Statement filed by Edwin Gould Services for Children. (Catalano, Thomas)
December 20, 2010 Filing 255 AFFIDAVIT/DECLARATION in Opposition re #210 MOTION for Summary Judgment under Rule 56 and for judgment on the pleadings under Rule 12(c), notice of motion Declaration of Raphael Asusta filed by Edwin Gould Services for Children. (Catalano, Thomas)
December 20, 2010 Filing 254 AFFIDAVIT/DECLARATION in Opposition re #210 MOTION for Summary Judgment under Rule 56 and for judgment on the pleadings under Rule 12(c), notice of motion filed by Edwin Gould Services for Children. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X) (Catalano, Thomas)
December 20, 2010 Filing 253 STIPULATION of Dismissal of Cross-Claims against Carole Lee Kin (Brennan, Kevin)
December 16, 2010 Filing 252 Letter MOTION to Vacate pursuant to Federal Rule of Civil Procedure 72 objecting to Magistrate Judge Go's ruling dated November 5, 2010 by City of New York. (Attachments: #1 11-15-2010 Cover Letter to Judge Vitaliano, #2 12-2-2010 Letter to Judge Vitaliano, #3 12-9-2010 Letter to Judge Vitaliano re Rule 72 Objection, #4 12-9-2010 Cover Letter to Judge Vitaliano, #5 Exhibit Ex A - 2010 09 15 Letter Motion for Discovery - AS FILED, #6 Exhibit Ex B - 2010 09 29 Rule 32 Reply - AS FILED, #7 Exhibit Ex C - Pages from 2010 11 05 Court Hearing Transcript, #8 Exhibit Ex D - 2010 11 18 Order re rulings made at the 2010 11 05 Hearing, #9 Exhibit Ex E - 2010 12 03 FINAL Gunn Report, #10 12-16-2010 Letter Reply to Judge Vitaliano) (Schaerf, Carl)
December 16, 2010 Opinion or Order ORDER granting #248 Motion to Seal the #245 Response in Opposition to Motion filed by the Agency defendants, but only to the following extent. The main document in opposition, #245 , will be sealed. However, in light of the First Amendment right of access to court proceedings and the Court's previous instruction that the parties must minimize the number of documents filed under seal, movant must fax to my chambers by the close of business on 12/17/10 the specific exhibits to #245 which should be sealed. Ordered by Magistrate Judge Marilyn D. Go on 12/16/2010. (Go, Marilyn)
December 15, 2010 Opinion or Order Filing 251 ORDER denying #242 Motion to Compel. Ordered by Magistrate Judge Marilyn D. Go on 12/15/2010. (Proujansky, Josh)
December 14, 2010 Filing 250 Mail, copy of minute entry dated 11/30/10, sent to Rhonda Morgan at 451 Fulton Ave, Apt 32A, Hempstead, NY 11550, Returned as Undeliverable. (Abdallah, Fida)
December 13, 2010 Filing 249 MOTION for New Trial to Set for Trial by S.W.. (Attachments: #1 Exhibit Magistrate Judge Go's Minute Entry) (Babbitt, Theodore)
December 13, 2010 Filing 248 First MOTION to Seal Document #245 Response in Opposition to Motion,, by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
December 7, 2010 Filing 247 AFFIDAVIT of Service for Agency Defendants' Opposition to Third-Party Defendant Bowes' Motion for Summary Judgment by Renato Guy served on Ishmatee Nagassar/Asman and Cheryl Jack on 12/06/2010, filed by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
December 6, 2010 Filing 246 STIPULATION of Dismissal of Third-Party Claims Against Carole Lee Kin (Brennan, Kevin)
December 6, 2010 Filing 245 RESPONSE in Opposition re #214 MOTION for Summary Judgment of Defendant Thelma Bowes filed by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F - Part 1 of 2, #7 Exhibit F - Part 2 of 2, #8 Exhibit G, #9 Exhibit H - Part 1 of 3, #10 Exhibit H - Part 2 of 3, #11 Exhibit H - Part 3 of 3, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O) (Delmond, Robert)
December 2, 2010 Filing 244 Letter to Judge Eric N. Vitaliano in further support of its November 15, 2010 submission seeking relief pursuant to Federal Rule of Civil Procedure 72 by City of New York (Schaerf, Carl)
December 1, 2010 Filing 243 RESPONSE in Opposition re #242 Letter MOTION to Compel Production of Systemic Documents listed on Plaintiffs Privilege Log filed by S.W.. (Attachments: #1 Exhibit) (Talenfeld, Howard)
November 30, 2010 Minute Order for proceedings held before Magistrate Judge Marilyn D. Go: Motion Hearing held on 11/30/2010. Appearances by Jennifer Pearl for plaintiff; Carl Schaerf for City defendants; Robert Delmond for agency defendants; Thomas Catalano for Edwin Gould. Rulings made on the record granting in part and denying in part #235 Edwin Gould's motion for protective order. The City defendants may depose Edwin Gould's former employees who had direct contact with Judith Leekin and/or visited Leekin's Laurelton home. The 30(b)(6) notice served on Edwin Gould is stayed pending disposition of the third-party dispositive motions. Plaintiffs' response to the City defendants' motion to compel #242 is due 12/1/10. (FTR/C 3:31-3:38 and ESR 10/32 2456-2972) (Abdallah, Fida)
November 24, 2010 Filing 242 Letter MOTION to Compel by City of New York. (Schaerf, Carl)
November 23, 2010 Filing 241 TRANSCRIPT of Proceedings held on November 5, 2010, before Judge Go. Court Transcriber ARIA TRANSCRIPTIONS, Telephone number 215-767-7700. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/14/2010. Redacted Transcript Deadline set for 12/24/2010. Release of Transcript Restriction set for 2/21/2011. (Rocco, Christine)
November 23, 2010 Opinion or Order SCHEDULING ORDER: a telephone conference will be held re #235 Letter MOTION for Protective Order filed by Edwin Gould Services for Children on 11/30/10 at 3:30 p.m. The movant should initiate the conference call with the City defendants. Any other parties that wish to participate should make arrangements with counsel for Edwin Gould. Ordered by Magistrate Judge Marilyn D. Go on 11/23/2010. (Proujansky, Josh)
November 22, 2010 Filing 240 RESPONSE to Motion re #235 Letter MOTION for Protective Order to Magistrate Judge Go, seeking an order (a) striking the Citys Rule 30(b)(6) notice; and (b) precluding the City from taking the non-party depositions of Edwin Goulds former employees pending the outcome of the thiLetter MOTION for Protective Order to Magistrate Judge Go, seeking an order (a) striking the Citys Rule 30(b)(6) notice; and (b) precluding the City from taking the non-party depositions of Edwin Goulds former employees pending the outcome of the thiLetter MOTION for Protective Order to Magistrate Judge Go, seeking an order (a) striking the Citys Rule 30(b)(6) notice; and (b) precluding the City from taking the non-party depositions of Edwin Goulds former employees pending the outcome of the thi filed by City of New York. (Schaerf, Carl)
November 18, 2010 Opinion or Order Filing 239 ORDER granting #197 Motion for Discovery. Ordered by Magistrate Judge Marilyn D. Go on 11/18/2010. (Proujansky, Josh)
November 18, 2010 Opinion or Order SCHEDULING ORDER: re #235 Letter MOTION for Protective Order. Any response to this motion must be filed by 11/23/10. Ordered by Magistrate Judge Marilyn D. Go on 11/18/2010. (Go, Marilyn)
November 17, 2010 Opinion or Order Filing 238 ORDER re #234 Motion to Compel: RHONDA MORGAN is hereby ORDERED to comply with the subpoena served upon her. She must immediately call Bruce Strikowsky or Carl Schaerf, the attorneys for the City defendants, to arrange for a mutually convenient date for her to appear at a deposition to give testimony and to produce documents requested by the subpoena. She must call these attorneys by December 1, 2010 and appear for a deposition to be held on or before December 30, 2010. RHONDA MORGAN is warned that if she fails to comply with this order, she could be subject to contempt proceedings for failure to respond to the subpoena and this order. If found to be in contempt of the subpoena or this order, she could be subject to sanctions, including imposition of a monetary fine, attorneys fees and costs. If the failure to comply continues, the court could issue a warrant of arrest for failure to comply with a court order. Ordered by Magistrate Judge Marilyn D. Go on 11/17/2010. C/M to Rhonda Morgan at 451 Fulton Street, Apt. 3, Hempstead, New York 11501. (Abdallah, Fida)
November 15, 2010 Filing 237 MOTION to Strike by S.W.. (Talenfeld, Howard)
November 15, 2010 Filing 236 Letter to Judge Eric N. Vitaliano by Administration for Children's Services, City of New York (Schaerf, Carl)
November 12, 2010 Filing 235 Letter MOTION for Protective Order to Magistrate Judge Go, seeking an order (a) striking the Citys Rule 30(b)(6) notice; and (b) precluding the City from taking the non-party depositions of Edwin Goulds former employees pending the outcome of the third-party dispositive motions by Edwin Gould Services for Children. (Attachments: #1 Exhibit Rule 30(b)(6) notice by City to Edwin Gould, #2 Exhibit ltr requesting last known addresses of employees, #3 ltr from SCR on Leekin clearance) (Catalano, Thomas)
November 8, 2010 Filing 234 Letter MOTION to Compel the deposition of Rhonda Morgan by City of New York. (Schaerf, Carl)
November 5, 2010 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Motion Hearing/Status Conference held on 11/5/2010. Appearances by Theodore Babbitt, Jennifer Pearl (by tel), Susan Lambiase, Ami Romanelli, Melissa Cohen and Shirim Rothenberg for plaintiffs; Carl Schaerf, Bruce Strikowsky, Matthew Kelly and Allison Fihma for City defendants; Robert Delmond for agency defendants; Thomas Catalano and Curt Schiner for Edwin Gould and Sonya Smith-Valentine for Thelma Bowes. Rulings made on the record granting #197 plaintiffs' motion pursuant to Fed. R. Civ. P. 32(a)(8), as to be further discussed in an order to follow. Plaintiffs must produce documents and privilege log regarding "systemic" documents requested by defendants by 11/12/10. Defendants must respond to plaintiff's list of City documents to be authenticated by 11/19/10. Plaintiffs must complete authentication depositions for non-City documents by 1/31/11. Plaintiffs must serve their motion to strike third party claims by 11/16/10; responses to plaintiffs' motion and third party defendants' motions to dismiss must be served by 12/6/10 and any reply served by 12/20/10 and filed thereafter in accordance with Judge Vitaliano's rules. Discovery concerning third party defendants must be completed by 1/31/11. Edwin Gould must provide within one week of a request the last know addresses for any employee no longer employed by the agency. Defendants must identify the type(s) of expert(s) they intend to use, including area of expertise, and the subject matter or topics the expert will address. Plaintiffs must serve their expert report by 12/3/10; defendants' expert report regarding identification must be served by 1/14/11; defendants' expert report regarding other issues must be served by 1/31/11. Depositions of experts shall be conducted beginning one week after service of defendants' expert report on a particular subject and expert depositions completed by 3/11/11. Defendants' pre-motion letters must be served by 2/18/11 and response by 3/4/11. FTR 9:54-11:09 and ESR 10/38 3080 - 10/39 end. (Abdallah, Fida)
November 4, 2010 Filing 233 Letter by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L. (Attachments: #1 Chart of City Documents Needing Authentication, #2 Chart of Non-City Documents Needing Authentication) (Nothenberg, Shirim)
November 4, 2010 Filing 232 Letter regarding the City's request for an extension of time to respond to dispositive motions by Thelma Bowes (Smith-Valentine, Sonya)
November 3, 2010 Filing 231 Letter (Brennan, Kevin)
November 3, 2010 Filing 230 Letter to Magistrate Judge Go serving as a statement of City defendant's agenda for the upcoming conference by City of New York (Schaerf, Carl)
November 3, 2010 Filing 229 Letter to Magistrate Go, regarding City's request for our consent to a modification of the briefing scheduling for the third-party action dispositive motions by Edwin Gould Services for Children (Attachments: #1 Exhibit) (Catalano, Thomas)
October 28, 2010 Filing 228 TRANSCRIPT of Proceedings held on 10/22/2010, before Judge Go. Court Transcriber ARIA TRANSCRIPTIONS, Telephone number 215-767-7700. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/18/2010. Redacted Transcript Deadline set for 11/29/2010. Release of Transcript Restriction set for 1/26/2011. (Hong, Loan)
October 28, 2010 Filing 227 RESPONSE to Motion re #226 Letter MOTION for Discovery response to request to produce filed by City of New York. (Schaerf, Carl)
October 28, 2010 Filing 226 Letter MOTION for Discovery response to request to produce by S.W.. (Attachments: #1 Exhibit Emails between counsel) (Babbitt, Theodore)
October 28, 2010 Opinion or Order ORDER denying as moot #226 Motion for Discovery. The City has offered to show plaintiffs the DVD it received and it must do so, at the latest, immediately prior to the conference scheduled for 11/5/10. The parties are directed to confer on a mutually convenient time for the viewing. Ordered by Magistrate Judge Marilyn D. Go on 10/28/2010. (Proujansky, Josh)
October 22, 2010 Filing 225 REPLY in Support re #197 Letter MOTION for Discovery filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Lambiase, Susan)
October 22, 2010 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Discovery Hearing held on 10/22/2010. Appearances by Theodore Babbitt for plaintiffs; Carl Schaerf for the City defendants; Robert Delmond for the Agency defendants; Judith Leekin, defendant. Rulings made on the record regarding questioning of Judith Leekin. (FTR/C 9:17 - 9:23; ESR: 10/29 5876 - 6580. 2nd Call: Discussions held re deposition of Judith Leekin. (FTR/C 1:17 - 1:25; ESR: 10/29 134-634) Modified on 10/26/2010 to include FTR Time for 2nd call. (Abdallah, Fida)
October 21, 2010 Filing 224 REPLY in Support re #197 Letter MOTION for Discovery filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Exhibit A) (Nothenberg, Shirim)
October 21, 2010 Filing 223 Letter MOTION to Adjourn Conference of October 27 by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Nothenberg, Shirim)
October 21, 2010 Filing 222 Letter to Magistrate Judge Go concerning plaintiffs' proposed "designation" of "State Witnesses" from the Marisol A. litigation by City of New York (Kelly, Matthew)
October 21, 2010 Opinion or Order ORDER granting #223 Motion to Adjourn Conference: Conference is adjourned to 11/5/2010, at 9:30 a.m. Ordered by Magistrate Judge Marilyn D. Go on 10/21/2010. (Abdallah, Fida)
October 19, 2010 Filing 221 Letter to Magistrate Judge Marilyn D. Go by City of New York (Schaerf, Carl)
October 14, 2010 Filing 220 Letter to Magistrate Judge Marilyn D. Go by City of New York (Schaerf, Carl)
October 13, 2010 Filing 219 REPLY in Support re #197 Letter MOTION for Discovery filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Exhibit A) (Lambiase, Susan)
October 13, 2010 Filing 218 Letter to Magistrate Judge Marilyn D. Go by City of New York (Schaerf, Carl)
October 13, 2010 Opinion or Order SCHEDULING ORDER: re #66 MOTION for Protective Order filed by Administration for Children's Services, City of New York. The privilege log attached to the DOI's affidavit indicates that plaintiffs challenge the assertion of privilege as to documents numbered 17-19 and 195-96. However, those documents were not included in the City's in camera production and were not specifically discussed in the plaintiffs' opposition. Plaintiffs must promptly notify the City whether they challenge the privilege claims as to those documents and, if so, the City must promptly produce those documents for in camera review. Ordered by Magistrate Judge Marilyn D. Go on 10/13/2010. (Proujansky, Josh)
October 11, 2010 Filing 217 Letter to Magistrate Judge Go re: updated subpoenas by City of New York (Kelly, Matthew)
October 8, 2010 Filing 216 RULE 56.1 STATEMENT re #214 MOTION for Summary Judgment filed by Thelma Bowes. (Smith-Valentine, Sonya)
October 8, 2010 Filing 215 DECLARATION re #214 MOTION for Summary Judgment by Thelma Bowes (Smith-Valentine, Sonya)
October 8, 2010 Filing 214 MOTION for Summary Judgment by Thelma Bowes. (Attachments: #1 Exhibit A - Main Complaint, #2 Exhibit B - Third Party Complaint by City of New York, #3 Exhibit C - Third Party Complaint by Agency Defendants, #4 Exhibit D - Answer and Cross Claim by Edwin Gould, #5 Exhibit E - Answer and Cross Claim by Ishmattie Nagassar/Asman, #6 Exhibit F - Affidavit of Thelma Bowes, #7 Exhibit G - City of New York Answers to Bowes Discovery Requests, #8 Exhibit H - Agency Defendants' Answers to Bowes Discovery Requests) (Smith-Valentine, Sonya)
October 8, 2010 Filing 213 MEMORANDUM in Support re #210 MOTION for Summary Judgment under Rule 56 and for judgment on the pleadings under Rule 12(c), notice of motion filed by Edwin Gould Services for Children. (Catalano, Thomas)
October 8, 2010 Filing 212 AFFIDAVIT/DECLARATION in Support re #210 MOTION for Summary Judgment under Rule 56 and for judgment on the pleadings under Rule 12(c), notice of motion of Thomas A. Catalano filed by Edwin Gould Services for Children. (Attachments: #1 Exhibit A-compl in main action, #2 Exhibit B-amended third-party compl, #3 Exhibit C-answer to third-pary compl, #4 Exhibit D-Agency dfts cross-claim and answer, #5 Exhibit E-home studies (redacted), #6 Exhibit F-City's ans to interrogatories and resp to notice to produce, #7 Exhibit G-Leekin SCR clearance, #8 Exhibit H-indemnity provision, #9 Exhibit I-progress note (redacted)) (Catalano, Thomas)
October 8, 2010 Filing 211 RULE 56.1 STATEMENT re #210 MOTION for Summary Judgment under Rule 56 and for judgment on the pleadings under Rule 12(c), notice of motion filed by Edwin Gould Services for Children. (Catalano, Thomas)
October 8, 2010 Filing 210 MOTION for Summary Judgment under Rule 56 and for judgment on the pleadings under Rule 12(c), notice of motion by Edwin Gould Services for Children. (Catalano, Thomas)
October 8, 2010 Filing 209 TRANSCRIPT of Proceedings held on October 4, 2010, before Judge Go. Court Transcriber TypeWrite Word Processing Service, Telephone number (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/29/2010. Redacted Transcript Deadline set for 11/8/2010. Release of Transcript Restriction set for 1/6/2011. (Rocco, Christine)
October 8, 2010 Opinion or Order Filing 208 STIPULATION AND ORDER OF DISMISSAL: This action is dismissed against Third-Party Defendant Squitieri with prejudice, and without costs, expenses, or fees. Ordered by Judge Eric N. Vitaliano on 10/7/2010. (Brucella, Michelle)
October 6, 2010 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go on 10/4/10. Appearances by Theodore Babbitt, Howard Talenfeld, Jennifer Pearl and Susan Lambiase for plaintiffs; Carl Schaerf, Bruce Strikowsky, Matthew Kelly and Allison Fihma for City defendants; Robert Delmond for agency defendants; Thomas Catalano and Curt Schiner for Edwin Gould and Kevin Brennan for Carole Leekin. Argument heard regarding #197 plaintiffs motion pursuant to Fed. R. Civ. P. 32(a)(8). Plaintiffs must revise their line/page designations of non-City depositions and defendants must respond to the plaintiffs arguments regarding City deponents by 10/14/10. The plaintiffs reply regarding City deponents and the defendants response to plaintiffs revised designations is due on 10/21/10. Any reply regarding non-City deponents must be filed by 10/25/10. The City defendants must produce the Marisol documents discussed by 10/8/10. Plaintiffs must file a letter identifying which Marisol documents that have not been produced or stipulated to that were created by a City agency. Defendants must produce the Graber documents on a rolling basis with the first production due on 10/12/10, the second production on 10/18/10 and the final production by 10/25/10. The agency defendants must supplement their responses to the City defendants by 10/8/10. Next conference scheduled for 10/27/10 at 4:00 p.m. (Tape #FTR 4:00-5:30.) (Proujansky, Josh)
October 5, 2010 Opinion or Order ORDER granting #160 Motion to Amend/Correct/Supplement. Edwin Gould's production is court ordered and subject to the provisions of [82-1] confidentiality order. Ordered by Magistrate Judge Marilyn D. Go on 10/5/2010. (Proujansky, Josh)
October 1, 2010 Filing 207 Letter To Magistrate Judge Go by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Lambiase, Susan)
September 29, 2010 Filing 206 REPLY in Support re #197 Letter MOTION for Discovery filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B Part 1, #3 Exhibit Exhibit B Part 2, #4 Exhibit Exhibit C Part 1, #5 Exhibit Exhibit C Part 2, #6 Exhibit Exhibit D Part 1, #7 Exhibit Exhibit D Part 2, #8 Exhibit Exhibit E Part 1, #9 Exhibit Exhibit E Part 2, #10 Exhibit Exhibit F Part 1, #11 Exhibit Exhibit F Part 2, #12 Exhibit Exhibit F Part 3, #13 Exhibit Exhibit G Part 1, #14 Exhibit Exhibit G Part 2, #15 Exhibit Exhibit G Part 3, #16 Exhibit Exhibit H Part 1, #17 Exhibit Exhibit H Part 2, #18 Exhibit Exhibit I Part 1, #19 Exhibit Exhibit I Part 2, #20 Exhibit Exhibit J, #21 Exhibit Exhibit K, #22 Exhibit Exhibit L Part 1, #23 Exhibit Exhibit L Part 2, #24 Exhibit Exhibit M, #25 Exhibit Exhibit N Part 1, #26 Exhibit Exhibit N Part 2, #27 Exhibit Exhibit O Part 1, #28 Exhibit Exhibit O Part 2, #29 Exhibit Exhibit P Part 1, #30 Exhibit Exhibit P Part 2, #31 Exhibit Exhibit Q Part 1, #32 Exhibit Exhibit Q Part 2, #33 Exhibit Exhibit R Part 1, #34 Exhibit Exhibit R Part 2, #35 Exhibit Exhibit S, #36 Exhibit Exhibit T Part 1, #37 Exhibit Exhibit T Part 2, #38 Exhibit Exhibit U Part 1, #39 Exhibit Exhibit U Part 2, #40 Exhibit Exhibit V Part 1, #41 Exhibit Exhibit V Part 2, #42 Exhibit Exhibit W Part 1, #43 Exhibit Exhibit W Part 2, #44 Exhibit Exhibit X, #45 Exhibit Exhibit Y Part 1, #46 Exhibit Exhibit Y Part 2, #47 Exhibit Exhibit Z Part 1, #48 Exhibit Exhibit Z Part 2, #49 Exhibit Exhibit AA Part 1, #50 Exhibit Exhibit AA Part 2, #51 Exhibit Exhibit BB Part 1, #52 Exhibit Exhibit BB Part 2, #53 Exhibit Exhibit BB Part 3, #54 Exhibit Exhibit CC, #55 Exhibit Exhibit DD Part 1, #56 Exhibit Exhibit DD Part 2, #57 Exhibit Exhibit EE Part 1, #58 Exhibit Exhibit EE Part 2, #59 Exhibit Exhibit FF Part 1, #60 Exhibit Exhibit FF Part 2) (Nothenberg, Shirim)
September 24, 2010 Filing 205 STIPULATION of Dismissal Discontinuing Third Party Action by Ralph Squitteri (Attachments: #1 Proposed Order Discontinuing Third Party Action) (Kutner, Charles)
September 24, 2010 Filing 204 RESPONSE in Opposition re #197 Letter MOTION for Discovery filed by City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Strikowsky, Bruce)
September 24, 2010 Filing 203 Letter Letter to Judge Go re Motion for Protective Order by C.B., J.B., J.L., S.B. and R.E., S.W., T.L. (Nothenberg, Shirim)
September 24, 2010 Filing 202 Letter Letter to Judge Go re Discovery by S.W. (Talenfeld, Howard)
September 24, 2010 Filing 201 RESPONSE in Opposition re #197 Letter MOTION for Discovery filed by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Gallagher, Margo)
September 24, 2010 Opinion or Order SCHEDULING ORDER: Plaintiffs' #202 Letter request for an extension of time for filing their motion to compel is granted. The motion must be filed by 10/1/10 and any opposition by 10/6/10. Ordered by Magistrate Judge Marilyn D. Go on 9/24/2010. (Go, Marilyn)
September 23, 2010 Filing 200 Letter dated 9/21/2010 from Rhonda R. Morgan to Judge Go. (Abdallah, Fida)
September 23, 2010 Filing 199 Letter to Magistrate Judge Go by City of New York (Schaerf, Carl)
September 23, 2010 Filing 198 TRANSCRIPT of Proceedings held on September 14, 2010, before Judge Go. Court Transcriber TypeWrite Word Processing Service, Telephone number (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2010. Redacted Transcript Deadline set for 10/25/2010. Release of Transcript Restriction set for 12/22/2010. (Rocco, Christine)
September 16, 2010 Clerk's ENTRY OF DEFAULT as to Sabrina Collins, Claudette Jackson, Anthony Vernon Leekin, Judith Leekin, Rhonda Morgan, pursuant to Rule55(a) of the Federal Rules ofCivil Procedure. (Hamilton, Janet)
September 16, 2010 Opinion or Order ORDER withdrawing #193 Motion for Sanctions without prejudcie in light the #197 Motion for Discovery which plaintiffs filed in substitution. Ordered by Magistrate Judge Marilyn D. Go on 9/16/2010. (Go, Marilyn)
September 15, 2010 Filing 197 Letter MOTION for Discovery by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E Part 1, #6 Exhibit E Part 2, #7 Exhibit E Part 3, #8 Exhibit E Part 4, #9 Exhibit E Part 5, #10 Exhibit E Part 6, #11 Exhibit E Part 7, #12 Exhibit E Part 8, #13 Exhibit F Part 1, #14 Exhibit F Part 2, #15 Exhibit F Part 3, #16 Exhibit F Part 4, #17 Exhibit F Part 5, #18 Exhibit F Part 6, #19 Exhibit F Part 7) (Lambiase, Susan)
September 15, 2010 Filing 196 Minute Order entry for proceedings held before Magistrate Judge Marilyn D. Go on 9/14/10. Appearances by Howard Talenfeld, Susan Lambiase, Ami Romanelli, Jennifer Pearl for plaintiffs; Carl Schaerf, Bruce Strikowsky for City of New York; Robert Delmond for agency defendants; Thomas Catalano for Edwin Gould Srvs. Argument heard and rulings made on the record granting in part and denying in part #187 the City defendants' motion for a protective order to the extent discussed. The City defendants must respond to all document requests, but limitations placed on production, as summarized in attached minute order. Plaintiffs agree to withdraw, without prejudice, that portion of #193 their motion filed on 9/10/10 seeking sanctions. The City defendants must file their response to the remainder of such motion by 9/24/10 and the plaintiffs' reply is due 9/29/10. If, after further attempts, the plaintiffs cannot resolve their other pending discovery disputes, plaintiffs shall file a further motion to compel by 9/24/10. Any opposition must be filed by 9/29/10. Discovery is extended for the purpose of taking Judith Leekin's deposition and completing the Graber deposition, which shall be held after production of the documents by the City defendants from the Graber litigation files. Next conference is adjourned to 10/4/10 at 4:00 p.m. (Tape #ESR 10/25 1046-10/26 3719 and FTR/C 1:06-2:43.) (Proujansky, Josh)
September 13, 2010 Filing 195 TRANSCRIPT of Proceedings held on 4/30/10, before Judge Go. Court Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/4/2010. Redacted Transcript Deadline set for 10/14/2010. Release of Transcript Restriction set for 12/13/2010. (Hong, Loan)
September 13, 2010 Filing 194 REPLY to Response to Motion re #187 Letter MOTION for Protective Order filed by City of New York. (Schaerf, Carl)
September 10, 2010 Filing 193 Letter MOTION for Sanctions by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N) (Nothenberg, Shirim)
September 10, 2010 Opinion or Order SCHEDULING ORDER: a telephone conference will be held on 9/14/10 at 1:00 p.m. to discuss the defendants' #187 motion for a protective order. Ordered by Magistrate Judge Marilyn D. Go on 9/10/2010. (Proujansky, Josh)
September 9, 2010 Filing 192 RESPONSE in Opposition re #187 Letter MOTION for Protective Order Letter response filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Exhibit A Amended Complaint in US v City of New York, #2 Exhibit B February 27, 1992, correspondence to Commissioner Sabol, #3 Exhibit C Part 1 Deposition of Bracha Graber, #4 Exhibit C Part 2 Deposition of Bracha Graber, #5 Exhibit D Plaintiff's Demand Trial by Jury) (Babbitt, Theodore)
September 8, 2010 Filing 191 Letter to Magistrate Judge Marilyn D. Go by City of New York (Schaerf, Carl)
September 8, 2010 Filing 190 TRANSCRIPT of Proceedings held on September 1, 2010, before Judge Go. Court Transcriber ARIA TRANSCRIPTIONS, Telephone number (215) 767-7700. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/29/2010. Redacted Transcript Deadline set for 10/12/2010. Release of Transcript Restriction set for 12/7/2010. (Rocco, Christine)
September 8, 2010 Filing 189 TRANSCRIPT of Proceedings held on 8/12/10, before Judge Go. Court Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/29/2010. Redacted Transcript Deadline set for 10/12/2010. Release of Transcript Restriction set for 12/7/2010. (Hong, Loan)
September 8, 2010 Filing 188 TRANSCRIPT of Proceedings held on 8/2/10, before Judge Go. Court Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/29/2010. Redacted Transcript Deadline set for 10/12/2010. Release of Transcript Restriction set for 12/7/2010. (Hong, Loan)
September 7, 2010 Filing 187 Letter MOTION for Protective Order by City of New York. (Schaerf, Carl)
September 7, 2010 Filing 186 Letter MOTION to Amend/Correct/Supplement Order on Motion for Discovery, Discovery Hearing,,,,,,,,,,,,,,,, by City of New York. (Schaerf, Carl)
September 7, 2010 Opinion or Order ORDER granting #186 Motion to Amend/Correct/Supplement. The minute entry for the conference held on 9/1/10 is amended to correct the date for the defendants' expert reports from 11/20/10 to 11/30/10. Ordered by Magistrate Judge Marilyn D. Go on 9/7/2010. (Go, Marilyn)
September 3, 2010 Filing 185 NOTICE of Appearance by Howard M. Talenfeld on behalf of S.W. (notification declined or already on case) (Talenfeld, Howard)
September 3, 2010 Opinion or Order Filing 184 ORDER. This Order concerns a subpoena served on Judith Leekin, defaulting Third Party Defendant. Ordered by Magistrate Judge Marilyn D. Go on 9/3/2010. See attached for details. (Abdallah, Fida)
September 1, 2010 Minute entry for proceedings held before Magistrate Judge Marilyn D. Go on 9/1/2010. Appearances by Theodore Babbitt, Howard Talenfeld and Shirim Nothenberg for plaintiffs; Carl Schaerf for the City defendants; Margo Gallagher for the Agency defendants; Thomas Catalano and Curt Shiner for Edwin Gould Svs.; Sonya Smith-Valentine for Bowes; Patrick Mevs for Squitteri. Argument heard and rulings made granting #180 the plaintiffs motion to compel to the extent discussed. The City defendants agree to stipulate to the authenticity of any documents produced by them in this litigation that were created by any agency of the City of New York. The parties must confer on stipulating to the authenticity of other categories of documents produced by the City defendants in this litigation. To the extent that the City defendants will not stipulate to the authenticity of any document produced by the City in the Marisol litigation that were created by any agency of the City of New York and is responsive to plaintiffs' document requests, the City defendants must produce a complete copy of the document by 9/22/10. The City defendants will file a letter by 9/8/10 as to its position on the use in this litigation of depositions taken in the Marisol litigation. The plaintiffs must reformulate their document requests concerning the Graber litigation by 9/3/10 and the City defendants must respond by 9/22/10. The deposition of Ms. Graber will be completed by 9/30/10. On the consent of the parties, the fact discovery deadline is extended to 9/30/10, the plaintiffs' expert reports are due on 10/29/10 and the defendants' expert reports are due on 11/20/10. If the City defendants intend to retain experts other than in rebuttal, they must serve notice designating such experts, their qualifications and the subject matter to be addressed by 9/30/10. The City defendants will voluntarily discontinue their third party claims against Squitteri. To the extent plaintiffs' September 1, 2010 letter sets forth agreements by the parties, it is "so ordered." (Tape #ESR 10/23 2296-10/24 3124 and FTR/C 12:05-1:42.) (Proujansky, Josh) (Modified on 9/2/2010 to correct date conference held (Kuzycz, Motria).
September 1, 2010 Filing 183 Letter to Magistrate Judge Go by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L. (Nothenberg, Shirim)
August 30, 2010 Opinion or Order SCHEDULING ORDER: a telephone conference will be held on 9/1/10 at 12:00 p.m. to discuss the issues raised in #180 plaintiffs' motion to compel. Prior to the conference, the parties are directed to confer in an effort to resolve the dispute. Ordered by Magistrate Judge Marilyn D. Go on 8/30/2010. (Proujansky, Josh)
August 26, 2010 Filing 182 Letter to Magistrate Judge Go by City of New York (Strikowsky, Bruce)
August 26, 2010 Filing 181 Letter responding to ltr by plaintiffs' counsel 8-25-2010 by Edwin Gould Services for Children (Catalano, Thomas)
August 26, 2010 Opinion or Order ORDER: To the extent that formal court approval is necessary, the #169 Letter filed by the City defendants is "so ordered." Ordered by Magistrate Judge Marilyn D. Go on 8/26/2010. (Go, Marilyn)
August 25, 2010 Filing 180 Letter Amended Letter to Judge Go Re: Discovery Issues, with Attached Exhibits by S.W. (Talenfeld, Howard) Modified on 9/2/2010 (Abdallah, Fida).
August 25, 2010 Filing 179 Letter RE: DISCOVERY ISSUES by S.W. (Talenfeld, Howard)
August 23, 2010 Filing 178 ANSWER to #167 Crossclaim of the Agency Defendants by Edwin Gould Services for Children. (Catalano, Thomas)
August 23, 2010 Filing 177 Letter to Magistrate Judge Marilyn D. Go by City of New York (Strikowsky, Bruce)
August 20, 2010 Filing 176 Letter to Magistrate Judge Marilyn D. Go by City of New York (Strikowsky, Bruce)
August 18, 2010 Filing 175 Letter to Honorable Marilyn D. Go by City of New York (Strikowsky, Bruce)
August 17, 2010 Filing 174 TRANSCRIPT of Proceedings held on 7/15/10, before Judge Go. Court Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/7/2010. Redacted Transcript Deadline set for 9/17/2010. Release of Transcript Restriction set for 11/15/2010. (Hong, Loan)
August 16, 2010 Filing 173 NOTICE by S.W. of Expert Witness Disclosure (Liability and Damages) (Talenfeld, Howard)
August 13, 2010 Opinion or Order ORDER denying #170 Motion to Strike. To prevail on a motion to strike, a party must demonstrate that "(1) no evidence in support of the allegations would be admissible; (2) that the allegations have no bearing on the issues in the case; and (3) that to permit the allegations to stand would result in prejudice to the movant." Roe v. City of N.Y., 151 F. Supp. 2d 495, 510 (S.D.N.Y. 2001). Upon review of the parties' letter submissions, the Court is not persuaded that third party defendant Edwin Gould Services has been prejudiced by first party defendants' untimely assertion of cross-claims for contribution. Third party defendant may move to dismiss the cross-claims in accordance with the schedule set forth in the June 9, 2010 minute entry. Ordered by Judge Eric N. Vitaliano on 8/13/2010. (Feirman, Jordan)
August 12, 2010 Filing 172 REPLY in Support re #170 Letter MOTION to Strike #167 Crossclaim by the Agency Defendants against Edwin Gould on the ground that neither consent nor leave of court was obtained as requred by FRCP 15(a) filed by Edwin Gould Services for Children. (Catalano, Thomas)
August 12, 2010 Filing 171 RESPONSE in Opposition re #170 Letter MOTION to Strike #167 Crossclaim by the Agency Defendants against Edwin Gould on the ground that neither consent nor leave of court was obtained as requred by FRCP 15(a) Response in Opposition filed by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit, #2 Exhibit) (Delmond, Robert)
August 12, 2010 Minute Order for proceedings held before Magistrate Judge Marilyn D. Go: Motion Hearing held on 8/12/2010 re #163 First MOTION for Protective Order. Appearances by Susan Lambiase, Stephan LeClainche, Howard Talenfeld for plaintiffs; Bruce Strikowsky, Matthew Kelly and Allison Fihma for the City defendants; Robert Delmond for the Agency defendants; Kimberly Miller for Edwin Gould Svs.; Sonya Smith-Valentine for Bowes. Argument heard and rulings made granting in part and denying in part #163 the Agency defendants' motion for a protective order. The plaintiffs must convert their deposition notices for the agency defendants' executive directors into 30(b)(6) deposition notices for persons with knowledge of the plaintiffs' case files. The agency defendants must use best efforts to produce such witnesses on 8/18/10 and 8/19/10 as reflected in the deposition schedule "so ordered" by this Court on June 12, 2010. The 30(b)(6) depositions held in May will be continued on 8/25/10 and 8/31/10. (ESR 10/21 4388-6387 and FTR/C 1:36-1:58) (Abdallah, Fida)
August 11, 2010 Filing 170 Letter MOTION to Strike #167 Crossclaim by the Agency Defendants against Edwin Gould on the ground that neither consent nor leave of court was obtained as requred by FRCP 15(a) by Edwin Gould Services for Children. (Catalano, Thomas)
August 10, 2010 Filing 169 Letter to Magistrate Go re: non-party foster children discovery by City of New York (Schaerf, Carl)
August 10, 2010 Opinion or Order SCHEDULING ORDER: a telephone conference will be held on 8/12/10 at 1:30 p.m. regarding #163 the motion for a protective order filed by St. Joseph Services for Children, Inc., SCO Family of Services, Heartshare Human Services. Ordered by Magistrate Judge Marilyn D. Go on 8/10/2010. (Proujansky, Josh)
August 6, 2010 Filing 168 Letter to Honorable Marilyn D. Go by City of New York(a municipal corporation) (Schaerf, Carl)
August 5, 2010 Filing 167 CROSSCLAIM against Edwin Gould Services for Children, filed by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Gallagher, Margo)
August 5, 2010 Filing 166 REPLY in Opposition re #163 First MOTION for Protective Order filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Exhibit Exhibit 1) (Nothenberg, Shirim)
August 5, 2010 Filing 165 REPLY in Support Letter Motion Seeking a Protective Order filed by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit) (Delmond, Robert)
August 4, 2010 Filing 164 RESPONSE to Motion re #163 First MOTION for Protective Order filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7) (Nothenberg, Shirim)
August 3, 2010 Filing 163 First MOTION for Protective Order by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Delmond, Robert)
August 3, 2010 Filing 162 Letter MOTION to Adjourn Conference before Magistrate Judge Go scheduled for 8/3/10 at 5:00 p.m. by City of New York. (Schaerf, Carl)
August 3, 2010 Opinion or Order ORDER granting #162 Motion to Adjourn Conference on 8/3/10. Counsel for the City defendants and counsel for Edwin Gould Services must file a proposal by 8/9/10 regarding limitations on the scope of discovery sought from Edwin Gould. If agreement cannot be reached, they must promptly call to schedule a further conference. Ordered by Magistrate Judge Marilyn D. Go on 8/3/2010. (Go, Marilyn)
August 2, 2010 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go:Telephone/Motion Hearing held on 8/2/2010 re #160 . Appearances by telephone by Theodore Babbitt for plaintiffs; Carl Schaerf, Bruce Strikowsky for the City defendants; Robert Delmond for the Agency defendants; Kevin Brennan for Carol Kin; Thomas Catalano, Curt Shiner for Edwin Gould Svs.; Sonya Smith-Valentine for Bowes. Conference regarding scope of discovery and the motion of Edwin Gould Srvs. is continued to August 3, 2010 at 5:00 p.m. (by tel). The oral request of the City defendant to seal Exhibit 2 of the letter filed by plaintiffs (ct. 161) is GRANTED. ESR 10/20 3763 to end; FTR/C 5:05-5:43. (Abdallah, Fida)
August 2, 2010 Filing 161 Letter by S.W. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Talenfeld, Howard)
July 30, 2010 Opinion or Order SCHEDULING ORDER: due to a change in the Court's schedule, the telephone conference on 8/2/10 will be held at 5:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 7/30/2010. (Proujansky, Josh)
July 30, 2010 Set/Reset Hearings: Telephone/Status Conference set for 8/2/2010 05:00 PM before Magistrate Judge Marilyn D. Go. (Abdallah, Fida)
July 28, 2010 Filing 160 Letter MOTION to Amend/Correct/Supplement to Magistrate Go, seeking clarification of confidentialy order, that we may produce protected documents without violating HIPAA and/or HITECH by Edwin Gould Services for Children. (Catalano, Thomas)
July 28, 2010 Opinion or Order SCHEDULING ORDER: a telephone conference will be held regarding discovery on the third party claims on 8/2/10 at 9:30 a.m. The parties should make arrangements for the conference call. Ordered by Magistrate Judge Marilyn D. Go on 7/28/2010. (Proujansky, Josh)
July 16, 2010 Minute Order for proceedings held before Magistrate Judge Marilyn D. Go granting in part and denying in part #156 Motion for Discovery. Discovery Hearing held on 7/15/2010; Motion Hearing held on 7/15/2010 re #156 Letter MOTION for Discovery regarding discovery dispute filed by City of New York. Appearances by Howard Talenfeld, Amanda Thompson, Susan Lambiase and Melissa Cohen for plaintiffs; Bruce Strikowsky and Matthew Kelly for the City defendants; Robert Delmond for the agency defendants. The motion of the City defendants for relief with respect to the deposition of Bracha Graber is denied, except that the deposition shall be adjourned from 7/21/10 as follows. The plaintiffs shall confer with Ms. Graber as to her availability for deposition on 7/26/10, with 8/5 and 8/9 as alternative dates and other possible continuation dates. The plaintiffs confirmed that their subpoena served on Morrison & Forrester is intended to be limited to documents regarding operations and policies rather than disclosure of identifying confidential and information of individuals whose cases were administered by CWA. The deposition of Judith Leekin shall be limited to testimony concerning the named plaintiffs, including all conduct and events concerning her relationship with them, but without prejudice to a future application by the defendants to enlarge the scope of the deposition. Plaintiffs shall provide the Court with the Leekin indictment and other documents related to her criminal prosecution. The deposition of Paula Forman is adjourned; plaintiffs may initiate efforts to re-schedule the deposition only after they are able to confirm the city in which the deposition shall take place. (Tape #ESR 10/18 2694-6476; FTR/C 12:08-12:52.) (Wallace, Saundra)
July 13, 2010 Filing 159 RESPONSE to Motion re #156 Letter MOTION for Discovery regarding discovery dispute and Response to Docket Entry #158. filed by S.W.. (Talenfeld, Howard)
July 13, 2010 Filing 158 Letter to Magistrate Judge Go concerning the application (docket number 156) filed 7/12/10. by City of New York (Schaerf, Carl)
July 13, 2010 Filing 157 TRANSCRIPT of Proceedings held on 6/8/10, before Judge Go. Court Transcriber FIORE REPORTING AND TRANSCRIPTION SERVICE, Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/3/2010. Redacted Transcript Deadline set for 8/13/2010. Release of Transcript Restriction set for 10/12/2010. (Hong, Loan)
July 13, 2010 Opinion or Order SCHEDULING ORDER: re #156 Letter MOTION for Discovery regarding discovery dispute filed by City of New York. A telephone conference will be held on 7/15/10 at 12:00 p.m. to discuss the scheduling of Ms. Graber's deposition. Ordered by Magistrate Judge Marilyn D. Go on 7/13/2010. (Proujansky, Josh)
July 12, 2010 Filing 156 Letter MOTION for Discovery regarding discovery dispute by City of New York. (Schaerf, Carl)
July 9, 2010 Opinion or Order ORDER re #149 Letter seeking premotion conference by third party defendant Carole Lee Kin. No premotion conference is necessary at this time. Third party defendant Carole Lee Kin's proposed 12(b)(6) motion will be briefed in accordance with the schedule set forth in the Court's June 9, 2010 minute entry. Ordered by Judge Eric N. Vitaliano on 7/9/2010. (Feirman, Jordan)
July 7, 2010 Filing 155 RESPONSE to Motion re #140 MOTION for Discovery for Orders Unsealing Adoption Records of Plaintiffs Letter withdrawing motion filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Nothenberg, Shirim)
July 7, 2010 Filing 154 RESPONSE to Motion re #140 MOTION for Discovery for Orders Unsealing Adoption Records of Plaintiffs Letter explaining July 6, 2010 Family Court Hearing filed by Family Court, Queens County. (Sanders, Charles)
July 6, 2010 Filing 153 Letter MOTION to Compel Judith Leekin's appearance at deposition by City of New York. (Schaerf, Carl)
July 6, 2010 Filing 152 First MOTION for Entry of Default by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Attachments: #1 Exhibit) (Delmond, Robert)
July 6, 2010 Opinion or Order Filing 151 ORDER granting #140 Motion for Unsealing of Queens County Surrogate's Court Records. (Proujansky, Josh)
July 1, 2010 Filing 150 Letter to Judge Go regarding Response to Motion [dkt 148] by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L. (Nothenberg, Shirim)
June 30, 2010 Filing 149 Letter re pre-motion conference (Brennan, Kevin)
June 30, 2010 Filing 148 RESPONSE to Motion re #140 MOTION for Discovery for Orders Unsealing Adoption Records of Plaintiffs Response letter requesting adjournment of motion until state court proceedings are concluded filed by Family Court, Queens County. (Sanders, Charles)
June 29, 2010 Filing 147 NOTICE: As a result of changes in this Court's Electronic Case Filing system, parties are now able to file documents electronically under seal provided they first file a motion for leave to do so and obtain the Court's permission. Instructions are attached. The instructions and a short tutorial are available on the Court's website at: http://www.nyed.uscourts.gov/CM_ECF/Learning_More_About_It/sealed_filing.html. In the future, any party seeking to submit a document under seal must file a short letter motion for leave to do so. (Wallace, Saundra)
June 21, 2010 Filing 146 Letter to Judge Go in Response to Docket 142 as filed by The City of New York by S.W. (Talenfeld, Howard)
June 18, 2010 Opinion or Order Filing 145 ORDER: The #143 Letter request filed by City of New York for an order for production of medical records is granted. A signed copy will be separately faxed to counsel for defendant. Ordered by Magistrate Judge Marilyn D. Go on 6/18/2010. (Go, Marilyn)
June 18, 2010 Filing 144 Letter Regarding Plaintiffs' Opposition to Defendants' Request re Production of Records [Dkt. No. 143] by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W. by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W. (Lambiase, Susan)
June 18, 2010 Opinion or Order ORDER: Plaintiffs and counsel for the City of New York must promptly confer about the request set forth in the #143 Letter filed by City of New York. Any opposition must be filed by 6:00 p.m. If there is no opposition, the parties must so advise by this deadline. Ordered by Magistrate Judge Marilyn D. Go on 6/18/2010. NOTICE: Prior to making any future requests for relief from the court, an applicant must first confer with counsel for the affected parties. Any request for relief by the Court may, if appropriate, be made by letter application, but must be filed under the appropriate "motion" on the ECF list of civil events. (Go, Marilyn)
June 17, 2010 Filing 143 Letter to Magistrate Judge Go with proposed Order for the Production of Records and Testimony by Certain Physicians and Attorneys by City of New York (Schaerf, Carl)
June 16, 2010 Filing 142 Letter to Magistrate Judge Go by City of New York (Schaerf, Carl)
June 14, 2010 Filing 141 Letter to Magistrate Judge Go withdrawing the pending application concerning emails and social networking by City of New York (Schaerf, Carl)
June 14, 2010 Filing 140 MOTION for Discovery for Orders Unsealing Adoption Records of Plaintiffs by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Proposed Order Queens County Family Court, #2 Proposed Order Queens County Surrogate's Court) (Cohen, Melissa)
June 14, 2010 Opinion or Order ORDER: Any opposition to the #140 MOTION for Discovery for Orders Unsealing Adoption Records of Plaintiffs must be filed by 6/30/10. Plaintiffs are directed to send a copy of their motion and this electronic order to the Queens Surrogate Court and Queens Family Court, as well as a copy of this order to third party defendant Judith Leekin. Ordered by Magistrate Judge Marilyn D. Go on 6/14/2010. (Go, Marilyn)
June 12, 2010 Opinion or Order SCHEDULING ORDER: The deposition schedule attached to the #139 Letter filed by plaintiffs' is "so ordered" but may be modified upon consent of all participating parties. Ordered by Magistrate Judge Marilyn D. Go on 6/12/2010. (Go, Marilyn)
June 11, 2010 Filing 139 Letter to Honorable Marilyn D. Go re Parties' Agreed Upon Deposition Calendar by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L. (Attachments: #1 Deposition Calendar) (Cohen, Melissa)
June 9, 2010 Filing 138 SUMMONS Returned Executed by Administration for Children's Services, City of New York. Ishmattie Nagassar/Asman served on 2/27/2010, answer due 3/22/2010. (Kelly, Matthew)
June 9, 2010 Filing 137 SUMMONS Returned Executed by Administration for Children's Services, City of New York. Cheryl Jack served on 11/7/2009, answer due 11/28/2009. (Kelly, Matthew)
June 9, 2010 Filing 136 Summons Returned Unexecuted by Administration for Children's Services, City of New York as to Anita Lexame. (Kelly, Matthew)
June 9, 2010 Filing 135 SUMMONS Returned Executed by Administration for Children's Services, City of New York. Anthony Vernon Leekin served on 3/15/2010, answer due 4/5/2010. (Kelly, Matthew)
June 9, 2010 Filing 134 SUMMONS Returned Executed by Administration for Children's Services, City of New York. Judith Leekin served on 10/27/2009, answer due 11/17/2009. (Kelly, Matthew)
June 9, 2010 Filing 133 SUMMONS Returned Executed by Administration for Children's Services, City of New York. Rhonda Morgan served on 3/5/2010, answer due 3/26/2010. (Kelly, Matthew)
June 9, 2010 Filing 132 SUMMONS Returned Executed by Administration for Children's Services, City of New York. Sabrina Collins served on 10/23/2009, answer due 11/13/2009. (Kelly, Matthew)
June 9, 2010 Filing 131 SUMMONS Returned Executed by Administration for Children's Services, City of New York. Claudette Jackson served on 3/11/2010, answer due 4/1/2010. (Kelly, Matthew)
June 9, 2010 Filing 130 SUMMONS Returned Executed by Administration for Children's Services, City of New York. VONTRELL/STEPHANIE LEEKIN served on 2/23/2010, answer due 3/16/2010. (Kelly, Matthew)
June 9, 2010 Filing 129 SUMMONS Returned Executed by Administration for Children's Services, City of New York. (Kelly, Matthew)
June 9, 2010 Filing 128 NOTICE of Appearance by Allison Naomi Fihma on behalf of Administration for Children's Services, City of New York (aty to be noticed) (Fihma, Allison)
June 9, 2010 Opinion or Order SCHEDULING ORDER: any party may supplement its submissions regarding the Citys motion for a protective order #66 by 6/16/10 in light of the Second Circuits opinion in In re the City of New York, No. 10-0237 (2d Cir. June 9, 2010). Ordered by Magistrate Judge Marilyn D. Go on 6/9/2010. (Proujansky, Josh)
June 9, 2010 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go on 6/8/2010. Appearances by Theodore Babbitt, Marcia Lowry, Howard Talenfeld, Shirim Nothenberg for plaintiffs; Carl Schaerf, Bruce Strikowsky, Matthew Kelly and Allison Fihma for the City defendants; Robert Delmond and Margo Gallagher for the Agency defendants; Kevin Brennan for Carol Leekin; Patrick Mevs for Squitieri; Curt Schiner, Thomas Catalano for Edwin Gould Svs.; Sonya Smith-Valentine for Bowes. All fact discovery regarding liability must be completed by 9/10/10. Plaintiffs may submit subpoena for family court records to be so ordered. The City must submit subpoenas by 6/9/10 for depositions to be held in early July and must serve the subpoenas by 6/11/10. The City defendant must supplement its response to document requests seeking adoption records and contracts by 6/18/10. The agency defendants must expand the temporal scope of their search for contracts with the City to the period from 1980 to 2001 and supplement their responses to document requests regarding contracts by 6/18/10 and regarding licensing by 6/28/10. The plaintiffs must supplement their Rule 26(a) disclosures and, if unsuccessful in resolving the dispute, respond to the Citys motion to compel electronic discovery by 6/18/10. Plaintiffs must serve notice designating their liability experts and the subject matter to be addressed by their experts by 8/16/10. Plaintiffs must serve their liability expert reports by 9/15/10 and defendants must serve their liability expert reports by 10/15/10. Liability expert depositions must be completed by 11/24/10. Third party defendants must advise the other parties by 9/17/10 as to whether they intend to move to dismiss on grounds other than Rule 12(b)(6). Dispositive motions by the third party defendants must be served by 10/8/10; opposition by 11/8/10; and reply by 11/22/10. Defendants must file pre-motion letters by 12/3/10 and response by 12/10/10. Next conference scheduled for 9/24/10 at 1:00 p.m. (Tape #FTR 1:10-2:24 and 3:34-4:04 and ESR B10/24 0-end.) (Proujansky, Josh)
June 7, 2010 Filing 127 Letter to Magistrate Go in response to Ms. Lowrys letter of June 3 (plaintiffs' atty) and Mr. Schaefs letter of June 7 (City atty) by Edwin Gould Services for Children (Catalano, Thomas)
June 7, 2010 Filing 126 Letter to Magistrate Go in response to Ms. Lowry's letter of June 3, 2010 by City of New York (Schaerf, Carl)
June 7, 2010 Filing 125 ANSWER to #116 Amended Answer to Complaint, Crossclaim,,,, by Thelma Bowes. (Smith-Valentine, Sonya)
June 4, 2010 Opinion or Order Filing 124 ORDER granting in part and denying in part #64 Motion for Protective Order. Ordered by Magistrate Judge Marilyn D. Go on 6/4/2010. (Proujansky, Josh)
June 3, 2010 Filing 123 Letter to Honorable Marilyn D. Go re June 8 Discovery Conference by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L. (Attachments: #1 Calendar) (Lambiase, Susan)
June 1, 2010 Filing 122 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice for Amanda H. S. Thompson Filing fee $ 25, receipt number 0207-4182102. by S.W.. (Talenfeld, Howard)
June 1, 2010 Opinion or Order ORDER granting #122 Motion for Leave to Appear Pro Hac Vice. The admitted attorney, Amanda H. Thompson, is permitted to argue or try this action in whole or in part as counsel or advocate for plaintiffs. Since the docket sheet indicates that the admission fee has been paid, the Clerk of the Court is respectfully requested to enter the appearance of counsel promptly on the docket sheet for this action and to make a notation of the attorney's admission pro hac vice on this Court's roll of attorneys. If not already registered for Electronic Case Filing ("ECF") with this Court, the admitted attorney must register for ECF or submit an application for exemption within two weeks of the date of this order.. Ordered by Magistrate Judge Marilyn D. Go on 6/1/2010. (Kuzycz, Motria)
May 26, 2010 Filing 121 ANSWER to #33 Answer to Complaint, Crossclaim by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Gallagher, Margo)
May 25, 2010 Filing 120 NOTICE of Appearance by Melissa Cohen on behalf of C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L. (aty to be noticed) (Cohen, Melissa)
May 25, 2010 Filing 119 NOTICE of Appearance by Susan Lambiase on behalf of C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L. (aty to be noticed) (Lambiase, Susan)
May 24, 2010 Filing 118 ANSWER to #116 Amended Answer to Complaint, Crossclaim,,,, by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Gallagher, Margo)
May 13, 2010 Filing 117 SUMMONS Returned Executed by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. Anthony Vernon Leekin served on 4/28/2010, answer due 5/19/2010; Anita Lezame served on 5/4/2010, answer due 5/25/2010. (Attachments: #1 Affidavit of Service) (Gallagher, Margo)
May 11, 2010 Filing 116 AMENDED ANSWER to #87 Amended Third Party Complaint, #98 Answer to Amended Third Party Complaint, Crossclaim,,,,, CROSSCLAIM against Sabrina Collins, Cheryl Jack Ellison, Heartshare Human Services(a New York Corporation), Cheryl Jack, Claudette Jackson, Mia Karenga, VONTRELL/STEPHANIE LEEKIN, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Lystra Lewis, Anita Lexame, Anita Lezame, Rhonda Morgan, Ishmattie Nagassar/Asman, SCO Family of Services(a New York Corporation), Ralph Squitteri, St. Joseph Services for Children, Inc. by Edwin Gould Services for Children. (Catalano, Thomas)
May 6, 2010 Filing 115 MOTION for Leave to Appear Pro Hac Vice Ami Romanelli's Verified Motion For Admission Pro Hac Vice by S.W.. (Le Clainche, Stephan) (Additional attachment(s) added on 5/12/2010: #1 Receipt of Payment for Pro Hac Vice) (Abdallah, Fida).
May 6, 2010 Opinion or Order ORDER granting #115 Motion for Leave to Appear Pro Hac Vice, subject to payment of the $25.00 admission fee within 10 business days after receipt of this order. After payment, the admitted attorney is permitted to argue or try this action in whole or in part as counsel or advocate for Plaintiffs. When paying the fee by mail or in person, the attorney must present a copy of this electronic Order to the Clerk's Office with the required fee. Appearance of counsel in this case will then be entered on the Court's docket and a notation of the attorney's admission pro hac vice will be made on this Court's roll of attorneys. If the attorney admitted pro hac vice is not registered for Electronic Case Filing ("ECF") with this Court, he or she must register for ECF or submit an application for exemption within two weeks of the date of this order. Ordered by Magistrate Judge Marilyn D. Go on 5/6/2010. (Kuzycz, Motria)
May 4, 2010 Filing 114 STIPULATION extending time to respond (Brennan, Kevin)
May 4, 2010 Filing 113 SUMMONS Returned Executed by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. Thelma Bowes served on 1/16/2010, answer due 2/8/2010; Sabrina Collins served on 1/16/2010, answer due 2/8/2010; Cheryl Jack Ellison served on 1/21/2010, answer due 2/11/2010; Claudette Jackson served on 2/8/2010, answer due 3/1/2010; Mia Karenga served on 3/2/2010, answer due 3/23/2010; VONTRELL/STEPHANIE LEEKIN served on 1/23/2010, answer due 2/15/2010; Carol Leekin served on 1/16/2010, answer due 2/8/2010; Desmond Leekin served on 1/15/2010, answer due 2/5/2010; Judith Leekin served on 2/12/2010, answer due 3/5/2010; Lystra Lewis served on 1/16/2010, answer due 2/8/2010; Ishmattie Nagassar/Asman served on 3/11/2010, answer due 4/1/2010; Barbara G. Raikes/Smith served on 1/16/2010, answer due 2/8/2010; Ralph Squitteri served on 1/23/2010, answer due 2/15/2010. (Attachments: #1 Affidavit of Service Affidavit of Service of Second Third Party Summons & Complaint on Second Third Party Defendant Carol Leekin, #2 Affidavit of Service Affidavit of Service of Second Third Party Summons & Complaint on Second Third Party Defendant Cheryl Jack Ellison, #3 Affidavit of Service Affidavit of Service of Second Third Party Summons & Complaint on Second Third Party Defendant Claudette Jackson, #4 Affidavit of Service Affidavit of Service of Second Third Party Summons & Complaint on Second Third Party Defendant Desmond Leekin, #5 Affidavit of Service Affidavit of Service of Second Third Party Summons & Complaint on Second Third Party Defendant Ishmatee Nagassar Asman, #6 Affidavit of Service Affidavit of Service of Second Third Party Summons & Complaint on Second Third Party Defendant Judith Leekin, #7 Affidavit of Service Affidavit of Service of Second Third Party Summons & Complaint on Second Third Party Defendant Lystra Lewis, #8 Affidavit of Service Affidavit of Service of Second Third Party Summons & Complaint on Second Third Party Defendant Mia Karenga, #9 Affidavit of Service Affidavit of Service of Second Third Party Summons & Complaint on Second Third Party Defendant Ralph Squitteri, #10 Affidavit of Service Affidavit of Service of Second Third Party Summons & Complaint on Second Third Party Defendant Sabrina Collins, #11 Affidavit of Service Affidavit of Service of Second Third Party Summons & Complaint on Second Third Party Defendant Thelma Bowes-Smith, #12 Affidavit of Service Affidavit of Service of Second Third Party Summons & Complaint on Second Third Party Defendant Vontrell Leekin) (Gallagher, Margo)
May 4, 2010 Opinion or Order STIPULATION AND ORDER: The #114 Stipulation extending the time of third party defendant Carol Lee Kin to answer or otherwise respond to the complaint by 6/30/10 is "so ordered." Ordered by Magistrate Judge Marilyn D. Go on 5/4/2010. (Go, Marilyn)
May 3, 2010 Filing 112 ANSWER to #108 Answer to Amended Third Party Complaint, Crossclaim,, #107 Answer to Third Party Complaint, Crossclaim,,, ANSWER to #108 Answer to Amended Third Party Complaint, Crossclaim,, #107 Answer to Third Party Complaint, Crossclaim,, by Thelma Bowes. (Smith-Valentine, Sonya)
May 3, 2010 Filing 111 ANSWER to #98 Answer to Amended Third Party Complaint, Crossclaim,,,, by Thelma Bowes. (Smith-Valentine, Sonya)
May 2, 2010 Filing 110 ANSWER to #98 Answer to Amended Third Party Complaint, Crossclaim,,,, of Edwin Gould Services for Children by Ralph Squitteri. (Kutner, Charles)
May 2, 2010 Filing 109 ANSWER to #108 Answer to Amended Third Party Complaint, Crossclaim,, of ISHMATTIE NAGASSAR/ASMAN by Ralph Squitteri. (Kutner, Charles)
April 30, 2010 Filing 106 REPLY to Response to Motion re #102 MOTION for Default Judgment as to Judith Leekin, Desmond Leekin, Sabrina Collins, Claudette Jackson, Rhonda Morgan, Vontrell Leekin and Anthony Vernon Leekin filed by City of New York. (Schaerf, Carl)
April 30, 2010 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go. Discovery Hearing held on 4/30/2010. Appearances by Theodore Babbitt, Marcia Lowry, Howard Talenfeld (by tel) for plaintiffs; Carl Schaerf, Bruce Strikowsky, Matthew Kelly and Allison Fihma for the City defendants; Robert Delmond for the Agency defendants; Kevin Brennan for Carol Leekin; Patrick Mevs for Squitieri; Richard Eniclerico, Thomas Catalano for Edwin Gould Svs.; Sonya Smith-Valentine for Bowes. The motion which the City defendants incorrectly denominated as a motion for default judgment will be modified by the Clerk's Office to be a motion for entry of default. The determination of default judgment shall await disposition of the main claims asserted against the City defendants. The request of Gould Svs. to delay depositions is denied. However, this and any other third party defendant that has only recently appeared and is not ready to question defendants' witnesses at scheduled depositions in May shall not be precluded from deposing the witnesses at a later date. Such witnesses shall be required to appear a second time for such depositions, but shall not be subject to questioning by any party posing questions at an earlier deposition. The City defendants must respond to written discovery requests of third party defendants as promptly as possible, but, in any event, no later than 28 days. The conference scheduled 5/25/10 is adjourned to June 8, 2010 at 1:00 p.m. FTR 12:18-12:49; ESR B10/14 1400-3396 (Wallace, Saundra)
April 29, 2010 Filing 108 VERIFIED ANSWER to #87 Amended Third Party Complaint WITH CROSSCLAIM against Thelma Bowes, Sabrina Collins, Edwin Gould Services for Children, Cheryl Jack, Claudette Jackson, Mia Karenga, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Lystra Lewis, Anita Lexame, Rhonda Morgan, Theresa Smith, Ralph Squitteri by Ishmattie Nagassar/Asman. (Galeano, Sonia) (W/ CERTIFICATE OF SERVICE ATTACHED)
April 29, 2010 Filing 107 VERIFIED ANSWER to #62 SECOND Third Party Complaint WITH CROSSCLAIM against Thelma Bowes, Sabrina Collins, Cheryl Jack, Claudette Jackson, Mia Karenga, VONTRELL/STEPHANIE LEEKIN, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Lystra Lewis, Anita Lexame, Barbara G. Raikes/Smith, Theresa Smith, Ralph Squitteri by Ishmattie Nagassar/Asman. (Galeano, Sonia) (W/ CERTIFICATE OF SERVICE ATTACHED)
April 27, 2010 Filing 105 TRANSCRIPT of Proceedings held on February 4, 2010, before Judge Go. Court Transcriber TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/18/2010. Redacted Transcript Deadline set for 5/28/2010. Release of Transcript Restriction set for 7/26/2010. (Rocco, Christine)
April 26, 2010 Filing 104 RESPONSE to Motion re #102 MOTION for Default Judgment as to Judith Leekin, Desmond Leekin, Sabrina Collins, Claudette Jackson, Rhonda Morgan, Vontrell Leekin and Anthony Vernon Leekin Letter in Opposition to Motion for Default Judgment filed by S.W.. (Talenfeld, Howard)
April 23, 2010 Filing 103 TRANSCRIPT of Proceedings held on April 20, 2010, before Judge Go. Court Transcriber TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/14/2010. Redacted Transcript Deadline set for 5/24/2010. Release of Transcript Restriction set for 7/22/2010. (Rocco, Christine)
April 23, 2010 Filing 102 MOTION for ENTRY of Default as to Judith Leekin, Desmond Leekin, Sabrina Collins, Claudette Jackson, Rhonda Morgan, Vontrell Leekin and Anthony Vernon Leekin by City of New York. (Attachments: #1 Declaration of Bruce M. Strikowsky in Support of Motion for Default Judgment, #2 Exhibit A-G, #3 Affidavit of Service) (Strikowsky, Bruce) Modified on 9/14/2010 (Abdallah, Fida).
April 23, 2010 Filing 101 Letter MOTION for Discovery requesting a conference before Magistrate Go to discuss a revised discovery schedule by Edwin Gould Services for Children. (Eniclerico, Richard)
April 23, 2010 Filing 100 NOTICE of Appearance by Richard Eniclerico on behalf of Edwin Gould Services for Children (aty to be noticed) (Eniclerico, Richard)
April 23, 2010 Opinion or Order ORDER granting #101 Motion for a Discovery Conference. A conference will be held on April 30, 2010 at 12:00 p.m. The parties may appear by telephone, provided they confer and make arrangements for a conference call. Ordered by Magistrate Judge Marilyn D. Go on 4/23/2010. (Go, Marilyn)
April 22, 2010 Filing 99 Answer to the crossclaim of third-party defendant Dr. Ralph Squitieri s/h/a as Dr. Ralph Squitteri ANSWER to #88 Answer to Amended Third Party Complaint, Crossclaim,, by Edwin Gould Services for Children. (Catalano, Thomas)
April 22, 2010 Filing 98 ANSWER to #87 Amended Third Party Complaint,, CROSSCLAIM against Thelma Bowes, Sabrina Collins, Cheryl Jack Ellison, Heartshare Human Services, Cheryl Jack, Claudette Jackson, Mia Karenga, VONTRELL/STEPHANIE LEEKIN, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Lystra Lewis, Anita Lexame, Anita Lezame, Rhonda Morgan, Ishmattie Nagassar/Asman, SCO Family of Services, Ralph Squitteri, St. Joseph Services for Children, Inc. by Edwin Gould Services for Children. (Catalano, Thomas)
April 22, 2010 Filing 97 Corporate Disclosure Statement by Edwin Gould Services for Children (Catalano, Thomas)
April 22, 2010 Filing 96 NOTICE of Appearance by Thomas A. Catalano on behalf of Edwin Gould Services for Children (aty to be noticed) (Catalano, Thomas)
April 21, 2010 Minute entry for telephone discovery hearing held before Magistrate Judge Marilyn D. Go on 4/20/10. Appearances by Theodore Babbitt for plaintiffs; Carl Schaerf for the City defendants; and Robert Delmond for the Agency defendants. Counsel for the City defendants initiated call to chambers regarding deposition of plaintiff. Rulings made on the record concerning plaintiff's objections on grounds of attorney-client privilege to questions regarding initial contacts between plaintiff and counsel. (Tape #ESR 10/9 1932-2524.) (Proujansky, Josh)
March 24, 2010 Filing 95 NOTICE to Take Deposition by SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
March 12, 2010 Filing 94 RESPONSE to Discovery Request by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
March 5, 2010 Filing 93 STIPULATION re #87 Amended Third Party Complaint, extending time to respond by Carol Leekin (Brennan, Kevin)
March 5, 2010 Opinion or Order ORDER: The #93 Stipulation extending the time of Carol Leekin to answer the amended third party complaint is "so ordered." Ordered by Magistrate Judge Marilyn D. Go on 3/5/2010. (Go, Marilyn)
March 4, 2010 Opinion or Order ORDER granting #89 Motion for Extension of Time. There being no opposition, the time to serve the third party defendants Anthony Leekin, Ishmattee Nagassar and Anita Lezame is extended to 3/14/10. Ordered by Magistrate Judge Marilyn D. Go on 3/4/2010. (Go, Marilyn)
March 3, 2010 Filing 92 ANSWER to #83 Answer to Complaint, Crossclaim,, #88 Answer to Amended Third Party Complaint, Crossclaim,, Ralph Squitieri's Crossclaim, and her ANSWER to #83 Answer to Complaint, Crossclaim,, #88 Answer to Amended Third Party Complaint, Crossclaim,, Ralph Squitieri's Crossclaim by Carol Leekin. (Brennan, Kevin)
February 24, 2010 Filing 91 ANSWER to #88 Answer to Amended Third Party Complaint, Crossclaim,, by Thelma Bowes. (Smith-Valentine, Sonya)
February 24, 2010 Filing 90 ANSWER to #87 Amended Third Party Complaint, by Thelma Bowes. (Smith-Valentine, Sonya)
February 23, 2010 Filing 89 Letter Motion for extension of time to serve process in Trinidad by City of New York (Strikowsky, Bruce) Modified on 2/24/2010 (DeVeaux, Yvonne
February 22, 2010 Filing 88 Third Party ANSWER to #87 Amended Third Party Complaint, City of New York, Administration for Children's Services, Third Party CROSSCLAIM against Thelma Bowes, Sabrina Collins, Edwin Gould Services for Children, Cheryl Jack, Claudette Jackson, Mia Karenga, VONTRELL/STEPHANIE LEEKIN, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Lystra Lewis, Anita Lexame, Rhonda Morgan, Ishmattie Nagassar/Asman by Ralph Squitteri. (Kutner, Charles)
February 18, 2010 Filing 87 AMENDED THIRD PARTY COMPLAINT against Thelma Bowes, Sabrina Collins, Edwin Gould Services for Children, Cheryl Jack, Claudette Jackson, Mia Karenga, VONTRELL/STEPHANIE LEEKIN, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Lystra Lewis, Anita Lexame, Rhonda Morgan, Ishmattie Nagassar/Asman, Ralph Squitteri, filed by Administration for Children's Services, City of New York. (Strikowsky, Bruce)
February 16, 2010 Opinion or Order ORDER: The #84 Stipulation extending the time for Carol Lee Kin to answer the third party complaint of the agency defendants to the earlier of 30 days after her deposition or June 30, 2010 is "so ordered." Ordered by Magistrate Judge Marilyn D. Go on 2/16/2010. (Go, Marilyn)
February 12, 2010 Filing 86 Cross Claim Defendant's ANSWER to #83 Answer to Complaint, Crossclaim,, by Thelma Bowes. (Smith-Valentine, Sonya)
February 12, 2010 Filing 85 NOTICE of Appearance by Sonya A Smith-Valentine on behalf of Thelma Bowes (aty to be noticed) (Smith-Valentine, Sonya)
February 10, 2010 Filing 84 STIPULATION Extending Time to Respond by Carol Leekin (Brennan, Kevin)
February 7, 2010 Filing 83 Second Third Party Defendant's ANSWER to Complaint Second Third Party Complaint, Third Party CROSSCLAIM against Thelma Bowes, Sabrina Collins, Edwin Gould Services for Children, Cheryl Jack Ellison, Claudette Jackson, Mia Karenga, VONTRELL/STEPHANIE LEEKIN, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Lystra Lewis, Anita Lexame, Ishmattie Nagassar/Asman, Barbara G. Raikes/Smith, Theresa Smith by Ralph Squitteri. (Kutner, Charles)
February 5, 2010 Opinion or Order Filing 82 PROTECTIVE ORDER. Ordered by Magistrate Judge Marilyn D. Go on 2/5/2010. (Attachments: #1 Confidentiality Order) (Chee, Alvin)
February 5, 2010 Filing 81 Minute entry for proceedings held before Magistrate Judge Marilyn D. Go on 2/4/10. Appearances by Theodore Babbitt, Jennifer Pearl and Marcia Lowry for plaintiffs; Carl Schaerf, Bruce Strikowsky, Matthew Kelly and Allison Fihma for the City defendants; Robert Delmond for the Agency defendants; Kevin Brennan for Carol Leekin; and Charles Kuttner for Ralph Squitieri. Argument heard on cross-motions for protective orders [64, 66], cross-motions to compel [63, 65] and the Citys motion for extension of time to serve third-party defendants #73 . Decision reserved on the cross-motions for protective orders implicating various privileges [64, 66]. Rulings made on the record [re 63, 65, 73] are summarized in the attached minute order. The fact discovery deadline is extended to 9/10/10. Next conference scheduled for 5/25/10 at 2:00 p.m. (Tape #FTR 3:17-4:22, 5:09-5:46 and ESR B10/3 1928-end, B10/4 0-2584.) (Kuzycz, Motria)
February 4, 2010 Opinion or Order ORDER granting #80 Motion to Substitute Attorney. Added attorneys Marcia Lowry, William A. Kapell, Shirim Nothenberg for C.B., J.B., J.L., L.J., J.G., S.B., R.E., S.W., and T.L. Attorney Thomas A. Moore; Matthew Gaier and Jordan K. Merson terminated. Ordered by Magistrate Judge Marilyn D. Go on 2/4/2010. (Proujansky, Josh)
February 3, 2010 Filing 80 Letter MOTION to Substitute Attorney by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Supplement Notices of Appearance) (Merson, Jordan)
February 2, 2010 Filing 79 Letter to Magistrate Judge Go re: City Defendants' Privileged documents by City of New York (Kelly, Matthew)
February 2, 2010 Opinion or Order ORDER re #66 MOTION for Protective Order filed by Administration for Children's Services, City of New York. The City must produce for in camera inspection the documents at issue in its motion for a protective order. Ordered by Magistrate Judge Marilyn D. Go on 2/2/2010. (Proujansky, Josh)
January 29, 2010 Filing 78 Letter to Magistrate Judge Marilyn D. Go by City of New York (Schaerf, Carl)
January 28, 2010 Filing 77 REPLY in Support re #64 MOTION for Protective Order, #63 Letter MOTION to Compel, REPLY in Opposition re #73 Letter Requesting Extension of Time to Effectuate Service filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Talenfeld, Howard)
January 28, 2010 Filing 76 REPLY in Support re #66 MOTION for Protective Order and in further support of motion to compel production of retainer agreements filed by City of New York. (Strikowsky, Bruce)
January 28, 2010 Filing 75 RESPONSE in Opposition re #66 MOTION for Protective Order filed by Ralph Squitteri. (Kutner, Charles)
January 28, 2010 Filing 74 Letter MOTION to Dismiss Second Third Party Complaint by Ralph Squitteri. Responses due by 1/28/2010 (Kutner, Charles)
January 28, 2010 Filing 73 Motion for an extension of time to accomplish service on certain third-party defendants by City of New York (Schaerf, Carl) Modified on 2/5/2010 (Kuzycz, Motria).
January 28, 2010 Opinion or Order ORDER re: #74 Motion to Dismiss. As set forth in the Individual Motion Practice and Rules of this Court, service of the instant motion by Third Party Defendant Squitieri regarding a proposed motion to dismiss constitutes timely service of a motion made pursuant to Federal Rule of Civil Procedure 12(b), and thus satisfies his obligation to move or answer the "Second" third party complaint in a timely fashion. Third Party Defendant's motion will be scheduled for briefing and filing at the close of discovery and in accordance with the schedule that shall be set for the Plaintiff's motion to strike the third party complaints on the same grounds. Ordered by Judge Eric N. Vitaliano on 1/28/2010. (Feirman, Jordan)
January 26, 2010 Filing 72 ANSWER to #62 Third Party Complaint by Thelma Bowes. (Brucella, Michelle)
January 25, 2010 Opinion or Order ORDER granting #71 Motion for Extension of Time to File. The Dr. Squittieri may file opposition papers to the motion for a protective order, but must do so by 5:00 p.m. on Jan. 28, 2010. ACS may file a reply to this opposition by Feb. 1, 2010. Ordered by Magistrate Judge Marilyn D. Go on 1/25/2010. (Go, Marilyn)
January 22, 2010 Filing 71 First MOTION for Extension of Time to File opposition by Ralph Squitteri. (Kutner, Charles)
January 22, 2010 Filing 70 EXHIBIT A: Amended ACS Organizational Chart by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. Related document: #69 Memorandum in Opposition, filed by C.B., L.J. and J.G., S.W., T.L., S.B. and R.E., J.B., J.L.. (Talenfeld, Howard)
January 21, 2010 Filing 69 MEMORANDUM in Opposition re #66 MOTION for Protective Order filed on 1/8/2010 by City Defendants filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Exhibit A. ACS Organizational Chart) (Talenfeld, Howard)
January 21, 2010 Filing 68 REPLY in Opposition re #65 Letter from City Defendants dated 1/8/2010 filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Exhibit A. Plaintiff's Letter regarding discovery/retainer, #2 Exhibit B.Defendant's Letter regarding discovery/retainer) (Talenfeld, Howard)
January 21, 2010 Filing 67 RESPONSE in Opposition re #64 MOTION for Protective Order, #63 Letter MOTION to Compel filed by City of New York. (Strikowsky, Bruce)
January 8, 2010 Filing 66 MOTION for Protective Order by Administration for Children's Services, City of New York. (Attachments: #1 Memorandum in Support, #2 Affidavit in Support, #3 Affidavit in Support, #4 Affidavit of Service) (Schaerf, Carl)
January 8, 2010 Filing 65 Letter Motion to Compel by City of New York (Schaerf, Carl) Modified on 2/5/2010 (DeVeaux, Yvonne).
January 8, 2010 Filing 64 MOTION for Protective Order by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Exhibit A & B) (Talenfeld, Howard)
January 8, 2010 Filing 63 Letter MOTION to Compel by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Exhibit A-P) (Talenfeld, Howard)
January 7, 2010 Filing 62 Second THIRD PARTY COMPLAINT against Thelma Bowes, Sabrina Collins, Claudette Jackson, Mia Karenga, Anthony Vernon Leekin, Carol Leekin, Desmond Leekin, Judith Leekin, Lystra Lewis, Ishmattie Nagassar/Asman, Theresa Smith, Ralph Squitteri, VONTRELL/STEPHANIE LEEKIN, Barbara G. Raikes/Smith, Anita Lezame, Cheryl Jack Ellison, filed by SCO Family of Services, St. Joseph Services for Children, Inc., Heartshare Human Services. (Gallagher, Margo)
December 30, 2009 Opinion or Order ORDER granting #61 Motion for Extension of Time to File. The schedule for any motion for a protective order or with respect to any other discovery dispute is further extended as follows: motion papers filed by 1/8/10, opposition papers filed by 1/21/10 and any reply filed by 1/28/10. Courtesy copies of any submissions involving more than 2 exhibits or exceeding 10 pages must be delivered to chambers within one day of filing. The next conference is adjourned to Feb. 4, 2010 at 3:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 12/30/2009. (Go, Marilyn)
December 29, 2009 Filing 61 Letter MOTION for Extension of Time to File Motions for Protective Orders by City of New York. (Schaerf, Carl)
December 21, 2009 Filing 60 NOTICE of Appearance by Kevin J. Brennan on behalf of Carol Leekin (aty to be noticed) (Brennan, Kevin)
December 21, 2009 Filing 59 ANSWER to Complaint, Third Party CROSSCLAIM against Judith Leekin by Ralph Squitteri. (Kutner, Charles)
December 18, 2009 Filing 58 NOTICE of Appearance by Charles E. Kutner on behalf of Ralph Squitteri (notification declined or already on case) (Kutner, Charles)
December 18, 2009 Filing 57 MOTION for pre motion conference by Ralph Squitteri. (Kutner, Charles)
December 18, 2009 Opinion or Order ORDER granting in part and denying in part #57 Motion for Pre Motion Conference. As set forth in the Individual Motion Practice and Rules of this Court, service of Third Party Defendant Squitieri's request for a pre-motion conference regarding a proposed motion to dismiss constitutes timely service of a motion made pursuant to Federal Rule of Civil Procedure 12(b), and thus satisfies his obligation to move or answer the third party complaint served on December 1, 2009. Third Party Defendant's motion will be scheduled for briefing and filing at the close of discovery and in accordance with the schedule that shall be set for the Plaintiff's motion to strike the third party complaints on the same grounds. Ordered by Judge Eric N. Vitaliano on 12/18/2009. (Feirman, Jordan)
December 17, 2009 Opinion or Order ORDER endorsed on #56 Response to Motion filed by plaintiffs. The electronic order giving Heartshare Human Services, SCO Family of Services and St. Joseph Services for Children, Inc. leave to file a third party complaint did not, and was not intended to, preclude a motion to strike by plaintiffs. Plaintiffs may file a motion to strike this third party complaint at the conclusion of discovery without seeking a pre-motion conference with Judge Vitaliano, as long as plaintiffs move on the same grounds as set forth in their pre-motion letter against the City defendants. Ordered by Magistrate Judge Marilyn D. Go on 12/17/2009 (after conferring with Judge Vitaliano). (Go, Marilyn)
December 15, 2009 Filing 56 RESPONSE to Motion re #50 First MOTION for Joinder Clarification of Order filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan)
December 14, 2009 Opinion or Order ORDER granting #50 Motion for Joinder, in the absence of opposition. Rule 14(a) "'was designed to permit the liberal joinder of parties so that judicial energy could be conserved and consistency of results guaranteed.'" State of New York v. Solvent Chemical Co., Inc., 875 F.Supp. 1015, 1021 (W.D.N.Y. 1995) (quoting Olympic Corp. v. Societe Generale, 462 F.2d 376, 379 (2d Cir. 1972)). As reflected in the minute entry for a conference on November 13, 2009 before Judge Vitaliano, discovery is to proceed on the third party complaint brought by the City defendants against the same persons whom the movants seek to join in the instant application. Thus, this Court finds that leave to implead the third parties here would not "prejudice the plaintiff, unduly complicate the trial, or would foster an obviously unmeritorious claim." See Dery v. Wyer, 265 F.2d 804 (2d Cir. 1959); see also Shafarman v. Ryder Truck Rental, Inc., 100 F.R.D. 454, 458-59 (S.D.N.Y. 1984). Ordered by Magistrate Judge Marilyn D. Go on 12/14/2009. (Go, Marilyn)
December 14, 2009 Opinion or Order ORDER granting #51 Motion to Amend/Correct/Supplement. Absent opposition, the Court finds no undue delay, bad faith or prejudice to warrant denial of the amendment sought herein. See Block v. First Blood Association, 988 F.2d 344, 350 (2d Cir. 1993). Ordered by Magistrate Judge Marilyn D. Go on 12/14/2009. (Go, Marilyn)
December 14, 2009 Opinion or Order ORDER granting #54 Motion for Discovery. The prior schedule for any motion for a protective order or with respect to any other discovery dispute is extended as follows: motion papers filed by 12/31/09, opposition papers filed by 1/19/10 and any reply filed by NOON on 1/26/10. Courtesy copies of any submissions involving more than 2 exhibits or exceeding 10 pages must be delivered to chambers within one day of filing. The next conference is adjourned to January 29, 2010 at 3:00 p.m. However, the parties are warned that this date is subject to change depending on the nature of the motions filed. Ordered by Magistrate Judge Marilyn D. Go on 12/14/2009. (Go, Marilyn)
December 10, 2009 Filing 55 3rd PARTY DEFT CHERYL JACK'S ANSWER to the #36 Third Party Complaint and Affirmative Defenses, filed by Cheryl Jack. (Galeano, Sonia) (Please Note: that 3rd Party Deft Cheryl Jack's Address was not noted on this document)
December 1, 2009 Filing 54 Letter MOTION for Discovery /Amend Discovery Schedule by City of New York. (Schaerf, Carl)
November 30, 2009 Filing 53 RESPONSE in Opposition re #50 First MOTION for Joinder filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan)
November 23, 2009 Filing 52 TRANSCRIPT of Proceedings held on 11/13/09, before Judge Go. Court Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/11/2009. Redacted Transcript Deadline set for 12/21/2009. Release of Transcript Restriction set for 2/18/2010. (Hong, Loan)
November 23, 2009 Filing 51 Letter MOTION to Amend/Correct/Supplement #36 Third Party Complaint, by City of New York. (Strikowsky, Bruce)
November 23, 2009 Filing 50 First MOTION for Joinder by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
November 16, 2009 Filing 48 NOTICE of Appearance by Matthew James Kelly on behalf of Administration for Children's Services, City of New York (aty to be noticed) (Kelly, Matthew)
November 16, 2009 Minute Entry for proceedings held before Magistrate Judge Marilyn D. GoTelephonic Status Conference held on 11/13/2009.Appearances by Theodore Babitt, Jordan K. Merson, Howard Talenfeld, Jennifer Pearl and Matthew Gaier for plaintiffs; Carl Schaerf, Bruck Strikowsky, Allison Fihma and Matthew Kelly for the City defendants; Robert Delmond for the Agency defendants. Status of discovery discussed. Counsel must confer and attempt to resolve disputes concerning a proposed confidentiality order and outstanding discovery. Counsel are encouraged to consider the privacy interests of the parties. The parties consent to sealing 45 . The parties must amend their discovery responses to state clearly whether all responsive documents have been produced notwithstanding general objections. By 11/16/09, plaintiffs must identify the documents withheld on privilege grounds that they seek to challenge. Defendants must file a motion for a protective order regarding privileged documents at issue by 12/3/09, plaintiffs opposition is due by 12/10/09 and any reply is due by 12/15/09. Motions as to any discovery disputes discussed that remain unresolved must be filed in accordance with this schedule. Any changes to the discovery schedule set will be discussed at the next conference. Next conference scheduled for 12/18/09 at 2:30 p.m. (Tape #FTR 1:40-2:40; ESR B09/39 1447-5996..) (DeVeaux, Yvonne)
November 13, 2009 Filing 49 THIRD-PARTY DEFT THELMA BOWES' ANSWER to #36 Third Party Complaint and Affirmative Defenses. (Galeano, Sonia)
November 13, 2009 Minute Entry for proceedings held before Judge Eric N. Vitaliano: Pre Motion Conference held on 11/13/2009. Plaintiff's motion for leave to move to strike Defendant's third-party complaint is granted and shall be filed at the close of discovery in accordance with the Individual Motion Practice and Rules of this Court. (Feirman, Jordan)
November 12, 2009 Filing 44 Letter to Magistrate Judge Marilyn D. Go in response to plaintiffs' submission dated November 10, 2009 by City of New York (Schaerf, Carl)
November 10, 2009 Filing 47 ANSWER to #36 Third Party Complaint by Carol Leekin. (Brucella, Michelle)
November 10, 2009 Filing 46 Letter dated 11/05/09 from Carole Lee Kin to Clerk of Court, responding to allegations. (Galeano, Sonia)
November 10, 2009 Filing 43 Letter MOTION for Hearing Agenda for the Compliance Conference by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan)
November 9, 2009 Filing 42 Letter to Judge Eric N. Vitaliano by Administration for Children's Services, City of New York (Schaerf, Carl)
November 5, 2009 NOTICE of Hearing:Pre Motion Hearing set for 11/13/2009 02:30 PM in Courtroom 4C South before Judge Eric N. Vitaliano. (Villanueva, William)
November 5, 2009 Opinion or Order ORDER granting #41 Motion for Pre Motion Conference. Ordered by Judge Eric N. Vitaliano on 11/5/2009. (Villanueva, William)
November 2, 2009 Filing 41 Letter MOTION for pre motion conference Pursuant to FRCP Rule 14 by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan)
September 17, 2009 Filing 40 Letter MOTION for Discovery Extension to File Discovery Responses by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan)
September 17, 2009 Opinion or Order ORDER granting #39 Motion for Extension of Time. The time for the agency defendants to respond to the document requests of the City defendants is extended to 10/9/09. Ordered by Magistrate Judge Marilyn D. Go on 9/17/2009. (Go, Marilyn)
September 17, 2009 Opinion or Order ORDER granting #40 Motion for an Extension. The time for the plaintiffs to respond to the discovery requests of the City defendants is extended to 10/9/09. Discovery Ordered by Magistrate Judge Marilyn D. Go on 9/17/2009. (Go, Marilyn)
September 16, 2009 Filing 39 Second MOTION for Extension of Time to Complete Discovery by Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc.. (Delmond, Robert)
September 16, 2009 Filing 38 REPLY in Opposition to ECF Document 37, City defendants' Letter filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan)
September 15, 2009 Filing 37 Letter to Hon. Marilyn D. Go by Administration for Children's Services, City of New York (Strikowsky, Bruce)
September 15, 2009 Filing 36 THIRD PARTY COMPLAINT against Judith Leekin, Desmond Leekin, Anthony Vernon Leekin, Carol Leekin, Ishmattie Nagassar/Asman, Anita Lexame, Ralph Squitteri, Rhonda Morgan, Edwin Gould Services for Children, Sabrina Collins, Lystra Lewis, Mia Karenga, Cheryl Jack, Claudette Jackson, Theresa Smith, Thelma Bowes, filed by Administration for Children's Services, City of New York. (Strikowsky, Bruce)
September 2, 2009 Filing 35 ANSWER to #34 Amended Answer to Complaint, Crossclaim by Administration for Children's Services, City of New York. (Strikowsky, Bruce)
August 19, 2009 Filing 34 AMENDED ANSWER to Plaintiffs' Complaint, CROSSCLAIM against Administration for Children's Services, City of New York by SCO Family of Services, St. Joseph Services for Children, Inc., Heartshare Human Services. (Gallagher, Margo)
August 7, 2009 Filing 33 ANSWER to #1 Complaint,, CROSSCLAIM against Heartshare Human Services, SCO Family of Services, St. Joseph Services for Children, Inc. by Administration for Children's Services, City of New York. (Strikowsky, Bruce)
August 6, 2009 Opinion or Order ORDER granting #28 Motion for Discovery as follows. Although the deadline specified by Rule 26(a)(1)(C) of the Fed. R. Civ. P. has passed and this Court did not set a deadline for exchange of initial disclosures at the initial conference, this Court understood from the discussion at the conference that the parties would be providing disclosures and materials as promptly as possible. To facilitate production pending entry of a formal confidentiality order, the Court required counsel to maintain the confidentiality of all materials produced. No redactions of any confidential information contained in the materials and documents should be made. The defendants must produce initial disclosures by 8/7/09. The request of defendants Heartshare, SCO and St. Joseph's Services for an extension of time until 8/30/09 to respond to plaintiffs' interrogatories is granted. However, said defendants must use best efforts to respond earlier and must produce documents on a rolling basis beginning no later than 8/14/09. Ordered by Magistrate Judge Marilyn D. Go on 8/6/2009. (Go, Marilyn)
August 4, 2009 Filing 32 REPLY in Support re #31 Response to Motion filed by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Merson, Jordan)
August 3, 2009 Filing 31 RESPONSE to Motion re #28 Letter MOTION for Discovery. (Delmond, Robert)
July 31, 2009 Filing 30 Letter by Administration for Children's Services, City of New York (Schaerf, Carl)
July 31, 2009 Filing 29 FILING FEE: $ 25 received on the #25 motion to appear pro hac vice by Stephan Alain Le Clainche; receipt number 4653003509. (Chee, Alvin)
July 31, 2009 Filing 28 Letter MOTION for Discovery by C.B., J.B., J.L., L.J. and J.G., S.B. and R.E., S.W., T.L.. (Attachments: #1 Exhibit Exhibits) (Merson, Jordan)
July 23, 2009 Opinion or Order ORDER granting #25 Motion for Leave to Appear pro hac vice by Stephan Alain Le Clainche, subject to payment of the $25.00 admission fee within 10 business days after receipt of this order. After payment, the admitted attorney is permitted to argue or try this action in whole or in part as counsel or advocate for plaintiffs. When paying the fee by mail or in person, the attorney must present a copy of this electronic Order to the Clerk's Office with the required fee. Appearance of counsel in this case will then be entered on the Court's docket and a notation of the attorney's admission pro hac vice will be made on this Court's roll of attorneys. If the attorney admitted pro hac vice is not registered for Electronic Case Filing ("ECF") with this Court, he must register for ECF or submit an application for exemption within two weeks of the date of this order. Ordered by Magistrate Judge Marilyn D. Go on 7/23/2009. (Go, Marilyn)
July 22, 2009 Filing 27 FILING FEE: $ 25.00 paid; Receipt # 4653003318. (Brucella, Michelle)
July 21, 2009 Filing 26 TRANSCRIPT of Proceedings held on 6/29/09, before Judge Go. Court Transcriber FIORE REPORTING AND TRANSCRIPTION SERVICE, Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/10/2009. Redacted Transcript Deadline set for 8/18/2009. Release of Transcript Restriction set for 10/16/2009. (Hong, Loan)
July 15, 2009 Filing 25 MOTION for Leave to Appear Pro Hac Vice by S.W.. (Babbitt, Theodore)
July 8, 2009 Filing 24 FILING FEE re #21 : $ 25.00 paid; Receipt # 4653002368. (Brucella, Michelle)
July 7, 2009 Filing 23 NOTICE of Appearance by Bruce Michael Strikowsky on behalf of City of New York, Administration for Children's Services (aty to be noticed) (Strikowsky, Bruce)
June 30, 2009 Minute Order for for Initial Conference Hearing, Motion for Default Judgment #11 and Motion for Extension of Time to Answer #13 held before Magistrate Judge Marilyn D. Go on June 29, 2009.Appearances by Thomas Moore, Thomas Babbitt, Jennifer Pearl, Jordan Merson, John Walsh for plaintiffs; Carl Schaerf, Bruce Strikowsky, Thaddeus Hackworth and Abigail Goldenberg for City of New York; Robert Delmond for agency defendants. Plaintiffs agreed to withdraw their motion for entry of default against the City of New York. With plaintiffs' consent, the City defendant's motion to extend the time to answer is granted and the time to file an answer extended to 8/7/09. Schedule established pursuant to Fed. R. Civ. P. 16(b) as follows: (1) defendants are given leave, with consent, to file a third party complaint by 9/15/09; (2) plaintiffs' depositions must be taken no later than 11/20/09 and remaining fact discovery completed by 3/24/10; (3) damages expert report(s) and disclosures must be served by plaintiffs by 6/29/09 and by defendants by 1/15/10; (4) liability expert report(s) and disclosures must be served by plaintiffs by 12/15/10 and defendants by 2/26/10. Applying federal law in light of the federal claims herein, the Court finds that the privacy interests protected under the Social Services Law and other state laws raised by the City defendant are outweighed by the probative value of the records sought and adequacy of protections afforded under an appropriate protective order. See King v. Conde, 121 F.R.D. 180, 187 (E.D.N.Y. 1988). Pending issuance of a formal protective order, counsel for the parties shall maintain the confidentiality of the records produced herein and may not disclose them to other persons, except for experts who also agree to so limit dissemination and disclosure. The parties should promptly provide the court with a proposed protective order. Next conference scheduled for November 13, 2009 at 11:30 a.m. (Tape #FTR 11:45-12:46; 12:51-12:57 and ESR B09/22 1109 - 09/23 263.) (DeVeaux, Yvonne)
June 29, 2009 Filing 22 NOTICE of Appearance by Carl Judah Schaerf on behalf of City of New York, Administration for Children's Services (aty to be noticed) (Schaerf, Carl)
June 26, 2009 Filing 21 MOTION for Leave to Appear Pro Hac Vice as to Jennifer M. Pearl by S.W.. (Talenfeld, Howard)
June 26, 2009 Opinion or Order ORDER granting #21 Motion of Jennifer M. Pearl for Leave to Appear pro hac vice, subject to payment of the $25.00 admission fee within 10 business days after receipt of this order. After payment, the admitted attorney is permitted to argue or try this action in whole or in part as counsel or advocate for plaintiffs. When paying the fee by mail or in person, the attorney must present a copy of this electronic Order to the Clerk's Office with the required fee. Appearance of counsel in this case will then be entered on the Court's docket and a notation of the attorney's admission pro hac vice will be made on this Court's roll of attorneys. If the attorney admitted pro hac vice is not registered for Electronic Case Filing ("ECF") with this Court, she must register for ECF or submit an application for exemption within two weeks of the date of this order. Ordered by Magistrate Judge Marilyn D. Go on 6/26/2009. (Go, Marilyn)
June 16, 2009 Filing 20 DISCLOSURE of Interested Parties by St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services. (Delmond, Robert)
June 16, 2009 Filing 19 DISCLOSURE of Interested Parties by St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services. (Delmond, Robert)
June 16, 2009 Filing 18 ANSWER to #1 Complaint,, CROSSCLAIM against City of New York by St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services. (Delmond, Robert)
June 10, 2009 Filing 17 Letter Confirming Adjournment of Initial Conference from June 19, 2009 at 2:30 p.m. to June 29, 2009 at 11:30 a.m. by St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services (Gallagher, Margo)
June 8, 2009 Filing 16 NOTICE of Appearance by Robert Scott Delmond on behalf of St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services (notification declined or already on case) (Delmond, Robert)
June 5, 2009 Opinion or Order Filing 15 SCHEDULING ORDER: Initial Conference set for 6/19/2009 02:30 PM before Magistrate Judge Marilyn D. Go. The 13 Letter MOTION of defendant City of New York, Administration for Children's Services for Extension of Time to File Answer and plaintiffs' 11 MOTION for Default Judgment as to said defendant will be discussed at this conference.Ordered by Magistrate Judge Marilyn D. Go on 6/5/2009. (DeVeaux, Yvonne)
June 2, 2009 Filing 14 RESPONSE to Motion re #13 Letter MOTION for Extension of Time to File Answer re #11 MOTION for Default Judgment as to Defendants City of New York, Administration for Children's services and St. Joseph Services for Children Inc., #1 Complaint, or Otherwise ResponLetter MOTION for Extension of Time to File Answer re #11 MOTION for Default Judgment as to Defendants City of New York, Administration for Children's services and St. Joseph Services for Children Inc., #1 Complaint, or Otherwise Respon filed by all plaintiffs. (Merson, Jordan)
June 1, 2009 Filing 13 Letter MOTION for Extension of Time to File Answer re #11 MOTION for Default Judgment as to Defendants City of New York, Administration for Children's services and St. Joseph Services for Children Inc., #1 Complaint, or Otherwise Respond by City of New York. (Hackworth, Thaddeus)
June 1, 2009 Opinion or Order ORDER: The #12 Stipulation extending the time to 6/18/09 for defendant St. Joseph Services for Children, Inc. to answer and withdrawing Plaintiffs' motion for Default Judgment as against said defendant St. Joseph is "so ordered." Ordered by Magistrate Judge Marilyn D. Go on 6/1/2009. (Go, Marilyn)
May 29, 2009 Filing 12 STIPULATION Extending Defendant St. Joseph's Time To Answer and Withdrawing Plaintiffs' Motion for Default Judgment as against Defendant St. Joseph by St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services (Attachments: #1 Stipulation) (Gallagher, Margo)
May 27, 2009 Filing 11 MOTION for Default Judgment as to Defendants City of New York, Administration for Children's services and St. Joseph Services for Children Inc. by L.J. and J.G., J.B., C.B., T.L., S.W., J.L., S.B. and R.E.. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Affidavits of Service) (Merson, Jordan)
May 20, 2009 Opinion or Order ORDER: The #10 Stipulation extending the time of defendants SCO Family of Services and Heartshare Human Services defendant to answer or otherwise respond to the complaint by 6/18/09 is "so ordered." Ordered by Magistrate Judge Marilyn D. Go on 5/20/2009. (Go, Marilyn)
May 19, 2009 Filing 10 STIPULATION EXTENDING TIME TO ANSWER by Heartshare Human Services, SCO Family of Services (Attachments: #1 Stipulation Extending Time to Answer) (Gallagher, Margo)
May 7, 2009 Opinion or Order Filing 9 ORDER granting #5 Motion for Leave to Appear Pro Hac Vice as to Theodore Babbitt. Ordered by Judge Eric N. Vitaliano on 5/7/2009. (Brucella, Michelle)
May 7, 2009 Opinion or Order Filing 8 ORDER granting #4 Motion for Leave to Appear Pro Hac Vice as to John Walsh. Ordered by Judge Eric N. Vitaliano on 5/7/2009. (Brucella, Michelle)
May 7, 2009 Opinion or Order Filing 7 ORDER granting #3 Motion for Leave to Appear Pro Hac Vice as to Howard M. Talenfeld. Ordered by Judge Eric N. Vitaliano on 5/7/2009. (Brucella, Michelle)
April 30, 2009 Filing 2 NOTICE of Change of Firm/address/email by Jordan K. Merson (Merson, Jordan)
April 29, 2009 Filing 6 FILING FEE re #3 , #4 , #5 : $ 75.00 paid; Receipt # 366134. (Brucella, Michelle)
April 29, 2009 Filing 5 MOTION for Leave to Appear Pro Hac Vice as to Theodore Babbitt by L.J. and J.G., J.B., C.B., T.L., S.W., J.L., S.B. and R.E.. (Brucella, Michelle)
April 29, 2009 Filing 4 MOTION for Leave to Appear Pro Hac Vice as to John Walsh by L.J. and J.G., J.B., C.B., T.L., S.W., J.L., S.B. and R.E.. (Brucella, Michelle)
April 29, 2009 Filing 3 MOTION for Leave to Appear Pro Hac Vice as to Howard M. Talenfeld by L.J. and J.G., J.B., C.B., T.L., S.W., J.L., S.B. and R.E.. (Brucella, Michelle)
April 29, 2009 Filing 1 COMPLAINT against City of New York, Administration for Children's Services, St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services $ 350 Disclosure Statement on Civil Cover Sheet completed -yes,, filed by L.J. and J.G., J.B., C.B., T.L., S.W., J.L., S.B. and R.E.. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla)
April 29, 2009 Summons Issued as to City of New York, Administration for Children's Services, St. Joseph Services for Children, Inc., Heartshare Human Services, SCO Family of Services. (Bowens, Priscilla)

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Defendant: Administration for Children's Services
Represented By: Bruce Michael Strikowsky
Represented By: Carl Judah Schaerf
Represented By: Matthew James Kelly
Represented By: Allison Naomi Fihma
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Defendant: City of New York
Represented By: Bruce Michael Strikowsky
Represented By: Carl Judah Schaerf
Represented By: Matthew James Kelly
Represented By: Thaddeus Jeremiah Hackworth
Represented By: Allison Naomi Fihma
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Defendant: Heartshare Human Services
Represented By: Jeremy S Rosof
Represented By: Judd Cohen
Represented By: Marc J. Citrin
Represented By: Steven J. Ahmuty, Jr.
Represented By: Timothy Robert Capowski
Represented By: William G. Spratt
Represented By: Adam S. Covitt
Represented By: Craig Garrett Bienstock
Represented By: Deirdre E Tracey
Represented By: John D. Paterniti
Represented By: Juan C. Gonzalez
Represented By: Margo O'Donnell Gallagher
Represented By: Ralph Vincent Morales
Represented By: Robert Boccio
Represented By: Robert Scott Delmond
Represented By: Robert Ortiz
Represented By: Steven I. Rubin
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Defendant: SCO Family of Services
Represented By: Jeremy S Rosof
Represented By: Judd Cohen
Represented By: Marc J. Citrin
Represented By: Steven J. Ahmuty, Jr.
Represented By: Timothy Robert Capowski
Represented By: William G. Spratt
Represented By: Adam S. Covitt
Represented By: Craig Garrett Bienstock
Represented By: Deirdre E Tracey
Represented By: John D. Paterniti
Represented By: Juan C. Gonzalez
Represented By: Margo O'Donnell Gallagher
Represented By: Ralph Vincent Morales
Represented By: Robert Boccio
Represented By: Robert Scott Delmond
Represented By: Robert Ortiz
Represented By: Steven I. Rubin
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Defendant: St. Joseph Services for Children, Inc.
Represented By: Craig Garrett Bienstock
Represented By: Robert Boccio
Represented By: Adam S. Covitt
Represented By: Juan C. Gonzalez
Represented By: Ralph Vincent Morales
Represented By: Robert Ortiz
Represented By: John D. Paterniti
Represented By: Jeremy S Rosof
Represented By: Judd Cohen
Represented By: Marc J. Citrin
Represented By: Steven J. Ahmuty, Jr.
Represented By: Timothy Robert Capowski
Represented By: William G. Spratt
Represented By: Deirdre E Tracey
Represented By: Margo O'Donnell Gallagher
Represented By: Robert Scott Delmond
Represented By: Steven I. Rubin
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Defendant: Child Welfare Administration
Represented By: Bruce Michael Strikowsky
Represented By: Carl Judah Schaerf
Represented By: Matthew James Kelly
Represented By: Allison Naomi Fihma
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Defendant: Catholic Child Care Society of the Diocese of Brooklyn, Inc.
Represented By: Jeremy S Rosof
Represented By: Judd Cohen
Represented By: Marc J. Citrin
Represented By: Steven J. Ahmuty, Jr.
Represented By: Timothy Robert Capowski
Represented By: William G. Spratt
Represented By: Adam S. Covitt
Represented By: Craig Garrett Bienstock
Represented By: Deirdre E Tracey
Represented By: John D. Paterniti
Represented By: Juan C. Gonzalez
Represented By: Margo O'Donnell Gallagher
Represented By: Ralph Vincent Morales
Represented By: Robert Boccio
Represented By: Robert Scott Delmond
Represented By: Robert Ortiz
Represented By: Steven I. Rubin
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Defendant: Catholic Guardian Society of the Diocese of Brooklyn, Inc.
Represented By: Jeremy S Rosof
Represented By: Judd Cohen
Represented By: Marc J. Citrin
Represented By: Steven J. Ahmuty, Jr.
Represented By: Timothy Robert Capowski
Represented By: William G. Spratt
Represented By: Adam S. Covitt
Represented By: Craig Garrett Bienstock
Represented By: Deirdre E Tracey
Represented By: John D. Paterniti
Represented By: Juan C. Gonzalez
Represented By: Margo O'Donnell Gallagher
Represented By: Ralph Vincent Morales
Represented By: Robert Boccio
Represented By: Robert Scott Delmond
Represented By: Robert Ortiz
Represented By: Steven I. Rubin
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Defendant: St. Christopher-Ottilie
Represented By: Jeremy S Rosof
Represented By: Judd Cohen
Represented By: Marc J. Citrin
Represented By: Steven J. Ahmuty, Jr.
Represented By: Timothy Robert Capowski
Represented By: William G. Spratt
Represented By: Adam S. Covitt
Represented By: Craig Garrett Bienstock
Represented By: Deirdre E Tracey
Represented By: John D. Paterniti
Represented By: Juan C. Gonzalez
Represented By: Margo O'Donnell Gallagher
Represented By: Ralph Vincent Morales
Represented By: Robert Boccio
Represented By: Robert Scott Delmond
Represented By: Robert Ortiz
Represented By: Steven I. Rubin
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Plaintiff: C.B.
Represented By: Theodore Babbitt
Represented By: Ami Romanelli
Represented By: Howard M. Talenfeld
Represented By: John Walsh
Represented By: Jordan K. Merson
Represented By: Marcia Lowry
Represented By: Matthew Gaier
Represented By: Melissa Cohen
Represented By: Shirim Nothenberg
Represented By: Susan Lambiase
Represented By: Thomas A. Moore
Represented By: William A. Kapell
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Plaintiff: J.B.
Represented By: Theodore Babbitt
Represented By: Ami Romanelli
Represented By: Howard M. Talenfeld
Represented By: John Walsh
Represented By: Jordan K. Merson
Represented By: Marcia Lowry
Represented By: Matthew Gaier
Represented By: Melissa Cohen
Represented By: Shirim Nothenberg
Represented By: Susan Lambiase
Represented By: Thomas A. Moore
Represented By: William A. Kapell
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Plaintiff: J.G.
Represented By: Theodore Babbitt
Represented By: Ami Romanelli
Represented By: Howard M. Talenfeld
Represented By: John Walsh
Represented By: Jordan K. Merson
Represented By: Marcia Lowry
Represented By: Matthew Gaier
Represented By: Melissa Cohen
Represented By: Shirim Nothenberg
Represented By: Susan Lambiase
Represented By: Thomas A. Moore
Represented By: William A. Kapell
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Plaintiff: J.L.
Represented By: Jordan K. Merson
Represented By: Theodore Babbitt
Represented By: Ami Romanelli
Represented By: Howard M. Talenfeld
Represented By: John Walsh
Represented By: Marcia Lowry
Represented By: Matthew Gaier
Represented By: Melissa Cohen
Represented By: Shirim Nothenberg
Represented By: Susan Lambiase
Represented By: Thomas A. Moore
Represented By: William A. Kapell
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Plaintiff: L.J.
Represented By: Theodore Babbitt
Represented By: Ami Romanelli
Represented By: Howard M. Talenfeld
Represented By: John Walsh
Represented By: Jordan K. Merson
Represented By: Marcia Lowry
Represented By: Matthew Gaier
Represented By: Melissa Cohen
Represented By: Shirim Nothenberg
Represented By: Susan Lambiase
Represented By: Thomas A. Moore
Represented By: William A. Kapell
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Plaintiff: R.E.
Represented By: Theodore Babbitt
Represented By: Ami Romanelli
Represented By: Howard M. Talenfeld
Represented By: John Walsh
Represented By: Jordan K. Merson
Represented By: Marcia Lowry
Represented By: Matthew Gaier
Represented By: Melissa Cohen
Represented By: Shirim Nothenberg
Represented By: Stephan A. Le Clainche
Represented By: Susan Lambiase
Represented By: Thomas A. Moore
Represented By: William A. Kapell
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Plaintiff: S.B.
Represented By: Theodore Babbitt
Represented By: Marcia Lowry
Represented By: Howard M. Talenfeld
Represented By: John Walsh
Represented By: Ami Romanelli
Represented By: Jordan K. Merson
Represented By: Matthew Gaier
Represented By: Melissa Cohen
Represented By: Shirim Nothenberg
Represented By: Susan Lambiase
Represented By: Thomas A. Moore
Represented By: William A. Kapell
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Plaintiff: S.W.
Represented By: Matthew Gaier
Represented By: Jordan K. Merson
Represented By: Thomas A. Moore
Represented By: Theodore Babbitt
Represented By: Howard M. Talenfeld
Represented By: John Walsh
Represented By: Ami Romanelli
Represented By: Marcia Lowry
Represented By: Melissa Cohen
Represented By: Shirim Nothenberg
Represented By: Stephan A. Le Clainche
Represented By: Susan Lambiase
Represented By: William A. Kapell
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Plaintiff: T.G.
Represented By: Theodore Babbitt
Represented By: Ami Romanelli
Represented By: Howard M. Talenfeld
Represented By: Melissa Cohen
Represented By: Shirim Nothenberg
Represented By: Susan Lambiase
Represented By: William A. Kapell
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Plaintiff: T.L.
Represented By: Theodore Babbitt
Represented By: Ami Romanelli
Represented By: Howard M. Talenfeld
Represented By: John Walsh
Represented By: Jordan K. Merson
Represented By: Marcia Lowry
Represented By: Matthew Gaier
Represented By: Melissa Cohen
Represented By: Shirim Nothenberg
Represented By: Susan Lambiase
Represented By: Thomas A. Moore
Represented By: William A. Kapell
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Plaintiff: S.B. and R.E.
Represented By: Ami Romanelli
Represented By: Howard M. Talenfeld
Represented By: John Walsh
Represented By: Jordan K. Merson
Represented By: Marcia Lowry
Represented By: Matthew Gaier
Represented By: Melissa Cohen
Represented By: Shirim Nothenberg
Represented By: Susan Lambiase
Represented By: Theodore Babbitt
Represented By: Thomas A. Moore
Represented By: William A. Kapell
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Plaintiff: L.J. and J.G.
Represented By: Ami Romanelli
Represented By: Howard M. Talenfeld
Represented By: John Walsh
Represented By: Jordan K. Merson
Represented By: Marcia Lowry
Represented By: Matthew Gaier
Represented By: Melissa Cohen
Represented By: Shirim Nothenberg
Represented By: Susan Lambiase
Represented By: Theodore Babbitt
Represented By: Thomas A. Moore
Represented By: William A. Kapell
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3rd party defendant: Thelma Bowes
Represented By: Sonya A Smith-Valentine
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3rd party defendant: Sabrina Collins
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3rd party defendant: Edwin Gould Services for Children
Represented By: Richard Eniclerico
Represented By: Thomas A. Catalano
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3rd party defendant: Claudette Jackson
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3rd party defendant: Mia Karenga
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3rd party defendant: Lystra Lewis
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3rd party defendant: Anita Lexame
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3rd party defendant: Theresa Smith
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3rd party defendant: Vontrell
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3rd party defendant: Barbara G. Raikes
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3rd party defendant: Barbara Smith
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3rd party defendant: Stephanie Leekin
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Cross defendant: Cheryl Jack
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Cross defendant: Anthony Vernon Leekin
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Cross defendant: Carol Leekin
Represented By: Kevin J. Brennan
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Cross defendant: Desmond Leekin
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Cross defendant: Judith Leekin
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Cross defendant: Vontrell Leekin
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Cross defendant: Anita Lezame
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Cross defendant: Rhonda Morgan
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