Butler et al v. City of New York et al
| Sandra Butler and Ricky Gibson |
| City of New York and Gilbert Taylor |
| 1:2015cv03783 |
| May 15, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Robert W. Sweet |
| Americans with Disabilities - Employment |
| 42 U.S.C. ยง 12101 |
| Plaintiff |
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Filing
193
ADDENDUM TO THE ORDER OF APPOINTMENT: NOW THEREFORE, IT IS HEREBY ORDERED THAT: 1. The rates for SWA Team members in the Addendum to the Order of Appointment (Dkt. No. 173) is replaced with the rates indicated below: Effective January 11, 2024, rat es for SWA Team members are as follows: Peter A. Stratton $450. Jeff Heitert $350. Theresa D'Andrea $250. Noelle Piontek $150. (Signed by Judge Valerie E. Caproni on 11/28/2023) (tg) Transmission to Finance Unit (Cashiers) for processing.
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Filing
186
NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, upon the annexed declaration, and subject to the approval of the Court, Dawn Smalls hereby withdraws as counsel for Plaintiffs, and shall be removed from the Case Management/Electr onic Case Files (CM/ECF) notification list in the above-captioned matter. Attorneys for The Legal Aid Society, including Judith Goldliner, Joshua Goldfein, Kathryn Kliff, and Stephanie Rudolph, as well as Jacob D. Alderdice and Ali I. Alsarraf of Jenner & Block LLP, will continue to represent Plaintiffs in this proceeding. SO ORDERED. Attorney Dawn Louise Smalls terminated. (Signed by Judge Valerie E. Caproni on 5/10/2023) (tg)
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Filing
173
ADDENDUM TO THE ORDER OF APPOINTMENT: NOW THEREFORE, IT IS HEREBY ORDERED THAT: 1. The fee schedule in the Order of Appointment (Dkt. No. 68) is replaced with SWA's current fee schedule indicated below: $450 Executive Management II $4 00 Executive Management I $350 Program Manager/Key Professional IV $300 Program Manager/Key Professional III $275 Program Manager/Key Professional II $250 Program Manager/Key Professional I $225 Senior Engineer/Architect/Tech nical Consultant IV $200 Senior Engineer/Architect/Technical Consultant III $175 Senior Engineer/Architect/Technical Consultant II $150 Senior Engineer/Architect/Technical Consultant I $125 Engineer/Architect/Technical Consultant IV $110 Engineer/Architect/Technical Consultant III $100 Engineer/Architect/Technical Consultant II $85 Engineer/Architect/Technical Consultant I Effective immediately, rates for SWA Team members are as follows: Peter A. Stratton $400 Jeff Heitert $300 Theresa D'Andrea $200 Luke Polihrom $125 Noelle Piontek $125 (Signed by Judge Valerie E. Caproni on 2/24/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.
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Filing
163
ORDER: IT IS HEREBY ORDERED that Plaintiffs' reply to the City's submission is due no later than Friday, January 7, 2022. If Plaintiffs continue to believe that the motion to enforce the Stipulation of Settlement should not be denied as mo ot, their response should include a concrete proposal outlining next steps moving forward. Any concrete proposal should include whether the City agrees vel non to the proposal. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/28/2021) (ama)
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Filing
159
ORDER granting 158 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/2/2021) (vfr)
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Filing
157
ORDER: IT IS HEREBY ORDERED that the City's response to Plaintiffs' submission is due no later than Friday, December 3, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/21/2021) (tg)
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Filing
150
ORDER granting 149 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/22/2021) (tg)
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Filing
146
ORDER IMPOSING FILING RESTRICTIONS PURSUANT TO 28 U.S.C. § 1651: IT IS HEREBY ORDERED that Mr. Komatsu is enjoined from filing any documents in cases to which he is not a party unless he complies the following conditions: Any document that Mr. K omatsu seeks to file in a case to which he is not a party must include (1) a copy of this order; and (2) a one-page, double-spaced declaration (the page must have margins of at least 1 inch on both sides and at the top and bottom), submitted under pe nalty of perjury, stating his legal interest in the matter and why he should be permitted to move to intervene. The one-page document must be titled: "Motion for Leave to File a Motion to Intervene." IT IS FURTHER ORDERED that the Clerk 9;s Office is directed not to docket any document that Mr. Komatsu submits that does not comply with the above conditions and not to return to Mr. Komatsu any document that does not comply with this order. The Court certifies under 28 U.S.C. § 1 915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444--45 (1962) (holding that an appellantdemonstr ates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Towaki Komatsu, 802 Fairmount Pl., Apt. 4B, Bronx, NY 10460, and to note the mailing on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/02/2021) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
138
ORDER: IT IS HEREBY ORDERED that for the reasons stated at the hearing, Plaintiff's objections to case manager staffing and the timing of the look back interviews are OVERRULED. IT IS FURTHER ORDERED that by no later than Thursday, August 19, 2021, the parties must file a joint stipulation that the Court may so order that incorporates the City's Plan. IT IS FURTHER ORDERED that by no later than Thursday, August 19, 2021, the City must update the Court as to whether T.E. and J.M. ha ve been moved to placements with ADA compliant bathrooms and if not, why not. More generally, the Court encourages the parties to meet and confer to develop a better method for the advocacy organizations to inform DHS about clients who they believ e have reasonable accommodation needs that are not being met. IT IS FURTHER ORDERED that by no later than Friday, September 24, 2021, the City must provide the Court with an update about the status of the moves out of the De-densification Hotels and the look back interviews. (Signed by Judge Valerie E. Caproni on 8/18/2021) (ate)
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Filing
133
ORDER granting 130 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/16/2021) (ate)
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Filing
127
ORDER: IT IS HEREBY ORDERED that if the parties do not propose an agreed upon plan, and the City does not propose a unilateral plan, the Court will hold a hearing on Plaintiffs' motion for a preliminary injunction on Tuesday, August 17, 2021 at 4:00 P.M. (Status Conference set for 8/17/2021 at 04:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/13/2021) (ate)
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Filing
112
ORDER: IT IS HEREBY ORDERED that a hearing on Plaintiffs' motion to amend the preliminary injunction will be held on Thursday, August 5, 2021 at 3:00 P.M. The hearing will be held in Courtroom 443 of the Thurgood Marshall United States Courtho use, located at 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that Defendants' response in opposition to Plaintiffs' motion to amend the preliminary injunction is due no later than Wednesday, August 4, 2021 at 3:00 P.M. As Defendants suggested, their response should include their plan for complying with the existing Orders and the Stipulation of Settlement. If Defendants plan to call witnesses and introduce exhibits at the hearing, Defendants must include a witness and exhibit list. Plaintiffs' reply in support of their motion is due no later than Thursday, August 5, 2021 at 10:00 A.M. If Plaintiffs plan to call witnesses and introduce exhibits, Plaintiffs must include a witness and exhibit list. Plaintiff s must also attach a proposed preliminary injunction as an exhibit to their reply brief. The Court reminds Plaintiffs that the proposed preliminary injunction must comply with the requirements of Rule 65(d) of the Federal Rules of Civil Procedure, in cluding that it be specific, narrowly tailored, and not reference any other document. IT IS FURTHER ORDERED that interested members of the public may attend by dialing 1-888-363-4749, using the access code 3121171 and the security code 3783. All of those accessing the hearing are reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Responses due by 8/4/2021, Replies due by 8/5/2021) (Status Conference set for 8/5/2021 at 03:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/3/2021) (anc)
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Filing
95
ORDER: IT IS HEREBY ORDERED that a hearing on Plaintiffs motion for a preliminary injunction will be held on Monday, July 26, 2021 at 11:00 A.M. The hearing will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that Plaintiffs must file a supplemental brief, not to exceed 10 pages, by no later than Wednesday, July 21, 2021 at 5:00 P.M. Defendants' response in opposition, not to exceed 10 pages, is due no later than Thursday, July 22, 2021 at 5:00 P.M. Plaintiffs' reply in support of their motion, not to exceed 5 pages, is due no later than Friday, July 23, 2021 at 5:00 P.M. IT IS FURTHER ORDERED that any person who appears at an y SDNY courthouse must comply with Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry. IT IS FURTHER ORDERED that interested members of the public may attend by dialing 1-888-363-4749, using the access code 3121171 and the security code 3783. All of those accessing the hearing are reminded that recording or rebroadcasting of the proceeding is prohibited by law. And as set forth herein. SO ORDERED., Set Deadlines/Hearing as to ( Replies due by 7/23/2021., Motion Hearing set for 7/26/2021 at 11:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.), ( Replies due by 7/23/2021.) (Signed by Judge Valerie E. Caproni on 7/19/2021) (ama)
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