Phillips, et al v. The City of New York, et al
Case Number: 1:2003cv04887
Filed: December 27, 2019
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 3, 2024 Opinion or Order Filing 474 ORDER In light of the foregoing, the Court now directs successor trustee Wells Fargo Bank, N.A. (the "Trustee") to increase the monthly stipend being paid by the Trust to Griselda Feliz from $2,000 to $2,500. This increase shall become effective beginning in June 2024 and shall not be retroactive. Further, effective June 27, 2024, Harry H. Rimm is discharged as Guardian ad Litem. Also effective June 27, 2024, Griselda Feliz is appointed Guardian ad Litem to represent Henes y Feliz in matters relating to payments made for the benefit of Henesy under the SNT referenced above, as approved by the Trustee and the Court. (And as further set forth herein.) (Signed by Judge Victor Marrero on 6/3/2024) (jca) Transmission to Finance Unit (Cashiers) for processing.
May 16, 2024 Opinion or Order Filing 472 ORDER The Court hereby schedules a conference in this matter for Wednesday, June 26, 2024, at 2:30 p.m. in Court room 15B, United States Courthouse, 500 Pearl Street, New York, New York. The Court expects in-person attendance from interest ed parti es, namely Guardan ad Litem Harry Rimm, Griselda Feliz, Artem Djukic, and a representative from Wells Fargo Bank, N.A. Parties unable to attend the June 26 conference in person may reach out to Chambers to inquire about appearance by telephone. SO ORDERED. (Status Conference set for 6/26/2024 at 02:30 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 5/16/2024) (jca)
May 9, 2024 Opinion or Order Filing 470 ORDER Orange Bank & Co. is hereby directed to file a letter no later than seven days from the date of this Order indicating its compliance status with the Court's order of March 11, 2024 (see Dkt. No. 444), in particular the status of its Annu al Accounting f or the Henesy Feliz Supplemental Needs Trust (the "Trust"), its Final Accounting for the Trust, and the preparation of 2023 f ederal and state tax returns for the Trust. Orange Bank & Co. need not re-address compliance matters discussed at length in its letters dated May 8, 2024 (see Dkt. No. 466), April 30, 2024 (see Dkt. No. 464), and April 4, 2024 (see Dkt. No. 452). SO ORDERED. (Signed by Judge Victor Marrero on 5/9/2024) (jca)
May 8, 2024 Opinion or Order Filing 468 ORDER Upon review of the letter filed by Orange Bank & Co. (see Dkt. No. 466), the Court is persuaded that there is no need for additional written responses or a hearing on sanctions. The Court denies the Guardian ad Litem's request to impose compensatory sanctions on Orange Bank & Co. The Court considers this matter to now be closed, and the hearing currently set for May 10, 2024, is hereby vacated. SO ORDERED. (Signed by Judge Victor Marrero on 5/8/2024) (jca)
May 6, 2024 Opinion or Order Filing 465 ORDER Relevant to the hearing in this matter scheduled for Friday, May 10, Orange Bank & Co. is directed to respond no later than Wednesday, May 8, 2024, to the matters set forth in the April 25 letter from Guardian ad Litem Harry H. Rimm entered at Docket No. 462. SO ORDERED. (Signed by Judge Victor Marrero on 5/6/2024) (jca)
April 25, 2024 Opinion or Order Filing 463 ORDER In light of the number of issues raised by the letters filed in this matter today (see Dkt. Nos. 461, 462), the Court hereby adjourns the show-cause hearing in this matter from April 26, 2024, to May 10, 2024, at 11:00 AM. The Court expects b y then that Orange Bank & Co. will have fully complied with the Court's earlier orders, in particular the orders requiring Orange Bank & Co. to reimburse the Henesy Feliz Supplemental Needs Trust for any improper disbursements the Bank made to i t self in connection with its legal fees. All other aspects of the Court's prior orders remain in effect. (Show Cause Hearing set for 5/10/2024 at 11:00 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 4/25/2024) (jca)
April 23, 2024 Opinion or Order Filing 460 ORDER The Court has received the letters from Orange Bank &Trust Co. ("Orange Bank") (Dkt. No. 458) and Guardian ad LitemHarry H. Rimm ("Rimm") (Dkt. No. 459) concerning the Court'sApril 10 Order and the hearing in this matt er currentlyscheduled for Friday, April 26, 2024.Guardian ad Litern Rimm's request to respond to thematters raised by Orange Bank on or before the morning ofThursday, April 25, 2024, is hereby GRANTED. The Courtreserves decision on Orange Bank's requests until the Courthas received the Guardian ad Litem's response. (Signed by Judge Victor Marrero on 4/23/2024) (jca)
March 18, 2024 Opinion or Order Filing 446 ORDER. This Court now authorizes Mr. Rimm - for a limited and specific purpose - to sign Client Authorizations Forms and other forms in order for Wells Fargo Bank N.A. to open the SNT account for the benefit of Henesy Feliz and so that Wells Fargo Bank N.A. may receive SNT assets being transferred from Orange Bank & Trust Company. SO ORDERED. (Signed by Judge Victor Marrero on 3/15/24) (yv)
March 6, 2024 Opinion or Order Filing 441 ORDER: Nonparty Griselda Feliz and Guardian ad Litem Harry H. Rimm are hereby directed to appear for a telephone conference before the Court on Monday, March 11, 2024, at 2 p.m. to discuss the Henesy Feliz Supplemental Needs Trust. Those participat ing in the telephone conference shall jointly call Chambers from one phone line at (212) 805-6374 at the above-referenced time. SO ORDERED. (Signed by Judge Victor Marrero on 3/6/2024) ( Telephone Conference set for 3/11/2024 at 02:00 PM before Judge Victor Marrero.) (ks)
March 1, 2024 Opinion or Order Filing 440 DECISION AND ORDER denying 431 Letter Motion to Stay re: 431 FIRST LETTER MOTION to Stay re: 430 Memo Endorsement, Letter addressed to Judge Victor Marrero from Robert A. Onofry, Esq. & Nicholas J. Berwick, Esq. dated 1/31/2 024. For the reasons stated above, it is hereby ORDERED that the motion (Dkt. No. 431) filed by nonparty Orange Bank & Trust Co. to vacate the Court's order (Dkt. No. 430) appointing a successor trustee is DENIED; and it is further ORDERED tha t the Court's stay (Dkt. No. 432) of its own order appointing a successor trustee (Dkt. No. 430) be lifted; and it is further ORDERED that the Court's order appointing a successor trustee (Dkt. No. 430) is hereby reaffirmed and reinstated. SO ORDERED. (Signed by Judge Victor Marrero on 3/1/2024) (jca)
February 1, 2024 Opinion or Order Filing 432 ORDER: Guardian ad litem Harry H. Rimm is hereby directed to respond within five days to the matters raised by Orange Bank & Trust Company in the January 31, 2024 letter entered at Dkt. No. 431. The Court's Order entered at Dkt. No. 430 is hereby stayed pending the Court's review of the guardian ad litem's response, as well as consideration and resolution of the issues raised by Orange Bank & Trust Company. SO ORDERED. (Signed by Judge Victor Marrero on 2/01/2024) (ama)
October 4, 2023 Opinion or Order Filing 421 ORDER Accordingly, the Court hereby directs ACS, within seven (7) days from the date of this Order, to: (1) provide Mr. Rimm with the following information for 2018, 2019, 2020, 2021, 2022 and until the adoption subsidy for Henesi Feliz was termin ated in 2023: a. the daily rate for the adoption subsidy paid on Henesi Feliz's behalf in each of these years; and b. the annual amount of the adoption subsidy paid on Henesi Feliz's behalf in each of these years. (2) provide Mr. Rimm wi th written answers to the following questions: a. Does the amount of the adoption subsidy provided by ACS to eligible recipients increase every year? b. If so, how is the amount of the increase determined? (3) provide Mr. Rimm with the name and cont act information of a contact person at ACS who will be able to answer any additional questions related to Henesi Feliz's adoption subsidy that the Court or Mr. Rimm may have. Mr. Rimm is directed to serve a copy of this Order on Director Baker. SO ORDERED. (Signed by Judge Victor Marrero on 10/4/2023) (jca)
June 16, 2022 Opinion or Order Filing 387 ORDER: On June 15, 2022, Harry Rimm, as guardian ad litem for plaintiff, filed a letter motion on behalf of the Trustee requesting that the Court approve use of Trust proceeds in the amount of $55,000.00 as a one-time payment for a retaining wall and storm remediation to the Feliz home. (See Dkt. No. 386.) The Court approves the use of Trust proceeds for such purpose. SO ORDERED. (Signed by Judge Victor Marrero on 6/16/2022) (ama)
March 8, 2022 Opinion or Order Filing 384 ORDER: On March 7, 2022, Harry Rimm, as guardian ad litem for plaintiff, filed a letter motion on behalf of the Trustee requesting that the Court approve use of Trust proceeds in the amount of $1,037.46 as a one-time payment for a Yonkers wat er bill that is in arrears. (See Dkt. No. 383.) The Court approves the use of Trust proceeds for such purpose. As of the date of this order, the Trustee shall withhold and place in escrow amounts from the monthly stipend paid with Trust account funds to Griselda Feliz sufficient for the Trustee to pay future water bills directly as they become due. (Signed by Judge Victor Marrero on 3/8/2022) (ate)
January 6, 2022 Opinion or Order Filing 382 ORDER: the Court finds a teleconference unnecessary, and instead orders the following conditions to govern the future administration of the Supplemental Trust: 1. Griselda Feliz's monthly stipend amount shall be increased from $1,200 to $2,000. Griselda Feliz shall promptly send to the Trustee all utility bills she receives. The Trustee may arrange for utility bills in Griselda Feliz's name to be sent "in care of" the Trustee directly to the Trustee at an address the Trustee designates for reliable delivery and processing of payment. Provisions as further set forth in this order. 2. The amount that the Trustee may pay directly to reimburse Griselda Feliz for ordinary and neces sary expenditures without prior Court approval shall increase from $250 to $1,000. The request to transfer jurisdiction over the Supplemental Trust to a Westchester court and appoint a court examiner to oversee the Supplemental Trust's supervision is hereby DENIED. All other provisions as further set forth in this order. So Ordered (Signed by Judge Victor Marrero on 1/6/2022) (js)
December 1, 2021 Opinion or Order Filing 379 ORDER: It is hereby ordered that a teleconference in this matter be scheduled for December 3, 2021 at 1:30 PM. Harry Rimm, as guardian ad litem for plaintiff Henesy Feliz a/k/a Antonia Phillips, Griselda Feliz, and Sinead Fitzsimons from Oran ge Bank & Trust Company (the "Trustee") shall participate in the December 3 teleconference. The parties are directed to use the dial-in number 888-363-4749, with access code 8392198. SO ORDERED., ( Telephone Conference set for 12/3/2021 at 01:30 PM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 12/01/2021) (ama)
December 27, 2019 Opinion or Order Filing 355 ORDER: Accordingly, it is hereby ORDERED that the Final Account of M&T Bank (Dkt. No. 194-2) is approved; and it is further ORDERED that attorneys' fees and disbursements in the amount of $10,353.31 sought in the First Fee Application be f ixed and paid to Phillips Lytle LLP from the assets of the Trust within ten business days of entry of this Order; and it is further ORDERED that attorneys' fees and disbursements in the amount of $15,495.95 sought in the Second Fee Applic ation be fixed and paid to Phillips Lytle LLP from the assets of the Trust within ten business days of entry of this Order; and it is further ORDERED that M&T Bank shall reimburse the Trust in the amount of $24,068.00 for expenses incurred in r esolving the Income Tax Issues within ten business days of entry of this Order; and it is further ORDERED that upon making the foregoing distributions and payments, that M&T Bank's resignation as Trustee is approved, and M&T Bank is hereby discharged and released as Trustee, from liability in connection with all matters embraced in said Final Account. SO ORDERED. (Signed by Judge Victor Marrero on 12/20/2019) (va)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Phillips, et al v. The City of New York, et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?