United States of America (ex rel), et al v. Westchester County, New York
Case Number: 1:2006cv02860
Filed: April 12, 2006
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Denise L. Cote
Nature of Suit: Other Statutory Actions
Cause of Action: 31 U.S.C. ยง 3729 False Claims Act
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
July 30, 2021 Opinion or Order Filing 748 ORDER re: 747 Letter filed by United States of America: In a letter of July 23, 2021, the United States and the County of Westchester agreed that no further work on the Monitor's part is necessary, that the Monitor may be discharged, and t hat the Consent Decree of August 10, 2009 may be terminated. Accordingly, it is hereby ORDERED that the Monitor is discharged. IT IS FURTHER ORDERED that the Consent Decree is terminated. (James E. Johnson and Stephen C. Robinson terminated.) (Signed by Judge Denise L. Cote on 7/30/2021) (jwh) Transmission to Orders and Judgments Clerk for processing.
July 11, 2021 Opinion or Order Filing 746 ORDER. It is hereby ORDERED that the Monitors Assessment of January 26, 2021 is accepted. IT IS FURTHER ORDERED that, by July 26, 2021, the parties shall submit a letter proposing any next steps in the above-captioned case, including whether the services of the Monitor are still needed. (Signed by Judge Denise L. Cote on July 11, 2021) (vs)
July 1, 2021 Opinion or Order Filing 743 ORDER: An Order of February 11, 2021 directed the parties to provide an update on the status of 750 affordable affirmatively furthering fair housing ("AFFH") units that Westchester County (the "County") is obligated to create. A s of February 11, the County had only completed 723 such units. In a letter of June 1, the County stated that it had completed 751 AFFH units. Accordingly, it is hereby ORDERED that any response from the United States Government or the Monitor is due July B, 2021. (Signed by Judge Denise L. Cote on 7/1/2021) (nb)
February 11, 2021 Opinion or Order Filing 738 ORDER: It is hereby ORDERED that the parties shall submit an update regarding the status of the AFFH units by April 30, 2021. After receipt of the April 30 report, the Court will consider the Monitor's assessments and the responsive submissions further. (Signed by Judge Denise L. Cote on 2/11/2021) (jca)
January 27, 2021 Opinion or Order Filing 733 ORDER: Having received on January 26, 2021 the Monitor's assessment of Westchester County's compliance with the terms of the Consent Decree, it is hereby ORDERED that any response to the Monitor's assessment shall be submitted by February 10, 2021. (Signed by Judge Denise L. Cote on 1/27/2021) (nb)
February 23, 2017 Opinion or Order Filing 702 OPINION AND ORDER......The Governments December 30, 2016 motions to remove the fee cap and appoint Stephen C. Robinson as Monitor are granted. The Countys January 20, 2017 motion to eliminate the monitorship is denied. (Signed by Judge Denise L. Cote on 2/23/2017) (gr)
July 18, 2016 Opinion or Order Filing 659 OPINION AND ORDER:....The County has breached 32 of the Consent Decree by failing to submit an AI that is acceptable to HUD. Decision is reserved regarding the Countys alleged breach of 25(a). The Monitors requested remedies listed in his May 25 submission are granted in part, as described in a separate Order. Among other things, the County will be required to retain a consultant to prepare an AI that is acceptable to HUD. (Signed by Judge Denise Cote on 7/18/16)(lr)
June 27, 2016 Opinion or Order Filing 633 OPINION AND ORDER......The Monitors March 17, 2016 request to make public the videotapes of 2015 depositions of County officials is granted. The videotapes shall be made available to the public in their entirety. As described in an accompanying sch eduling order, this Order is stayed pending appeal as long as the County pursues its appeal promptly and seeks expedited review. The parties shall promptly inform the Court when the appeal process is complete. (Signed by Judge Denise L. Cote on 6/27/2017) (gr)
May 24, 2016 Opinion or Order Filing 608 OPINION AND ORDER......The November 19, 2015 Report and Recommendation is affirmed in part. The County timely met its obligation to have financing in place for 450 new affordable housing units by December 31, 2014. The County has breached 7(i)-(j) of the Consent Decree, however, by failing to use all available means as appropriate to advance the construction of 750 affordable housing units and to counter New Castles opposition to the Chappaqua Station Development. The December 29, 2015 site remediation permit that the Town issued to Conifer is not a building permit within the meaning of 23 of the Consent Decree. Decision is reserved on the Governments application for contempt and the imposition of other remedies for the breach of 7(i)-(j). The County is required to take four actions to keep itself, the Court, and all parties informed of the status of the approval process for the Development. (Signed by Judge Denise L. Cote on 5/24/2016) (gr)
May 17, 2012 Opinion or Order Filing 409 MEMORANDUM OPINION AND ORDER: The County's May 15 motion for a stay of the Court's May 3 Opinion pending appeal is denied. (Signed by Judge Denise L. Cote on 5/17/2012) (djc)
May 3, 2012 Opinion or Order Filing 402 OPINION AND ORDER: The Governments objection to the Magistrate Judges March 16 Opinion is sustained. The Court adopts those sections of the Monitors Report dealing with the Countys obligation to promote source-of-income legislation. The remaining sections of the March 16 Opinion are adopted. (Signed by Judge Denise L. Cote on 5/3/2012) (jfe)
March 16, 2012 Opinion or Order Filing 396 OPINION AND ORDER: The Countys objections to the Monitors Report (Docket #386) are sustained in part and overruled in part. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/16/2012) (ft)
January 4, 2012 Opinion or Order Filing 389 OPINION & ORDER re: 348 MOTION to Intervene filed by Anti-Discrimination Center: ADC's May 31, 2011 motion to intervene is denied. (Signed by Judge Denise L. Cote on 1/4/2012) (ab)
May 5, 2009 Opinion or Order Filing 310 ORDER: It is hereby ordered that the trial in this case is adjourned to July 6, 2009. (Signed by Judge Denise L. Cote on 5/5/2009) (jpo)
May 1, 2009 Opinion or Order Filing 309 ORDER: For the reasons stated on the record at a conference with the parties held on April 28, 2009, it is hereby ORDERED that the April 10, 2009 motion [Docket No. 178] by the defendant for an Order to allow the introduction of certain evidence is denied with respect to the federal government's failure to intervene in this action and the federal government's reaction to this lawsuit, as explained more fully on the record. (Signed by Judge Denise L. Cote on 5/1/2009) (jpo)
April 24, 2009 Opinion or Order Filing 299 OPINION & ORDER #97444: For the reasons set forth in this order, Plaintiffs April 10, 2009 motion [Docket No. 184] excluding the issue of damages from decision by the jury is granted to the extent that the defendant will be precluded from arguing to the jury that its damages should be reduced by the benefit HUD received from the Countys administration of its housing and community development funds. (Signed by Judge Denise L. Cote on 4/24/09) (mme) Modified on 4/27/2009 (mro).
April 23, 2009 Opinion or Order Filing 294 ORDER granting, for the reasons that will be placed on the record at the final pretrial conference, 168 Motion in Limine To Exclude Defendant's Untimely disclosed Witnesses.. (Signed by Judge Denise L. Cote on 4/23/09) (cd)
April 22, 2009 Opinion or Order Filing 289 OPINION & ORDER #97436 granting 173 Motion in Limine. Plaintiff's April 10, 2009 motion [Docket No. 173] for a pretrial order that defendant's AFFH certifications during the false claims period were material as a matter of law is granted. (Signed by Judge Denise L. Cote on 4/22/2009) (rw) Modified on 4/24/2009 (mro).
April 9, 2009 Opinion or Order Filing 137 MEMORANDUM OPINION & ORDER #97402 re: 124 MOTION for Leave to Appeal and to Postpone Trial Pending Appeal filed by Westchester County, New York. The defendant's March 10, 2009 motion for certification of an interlocutory appeal pursuant to 28 U.S.C. § 1292(b) is denied. SO ORDERED. (Signed by Judge Denise L. Cote on 4/9/2009) (tve) Modified on 4/13/2009 (mro).
February 24, 2009 Opinion or Order Filing 118 OPINION AND ORDER #97120: The ADC's September 30, 2008 partial motion for summary judgment is granted in part and denied in part. The motion is granted as to the following elements of FCA liability: that the defendant made a claim, to the United States government, that was false or fraudulent, seeking payment from the Federal treasury. The ADC's motion is denied as to the knowledge element of an FCA claim. The County's September 30, 2008 motion for summary judgment is denied in full. The ADC's November 19, 2008 motion to strike is denied as moot. (Signed by Judge Denise L. Cote on 2/24/2009) (jfe) Modified on 2/25/2009 (mro).
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