W et al v. The City Of New York , et al
| ELISA W, Alexandria R., Thierry E., Ayanna J., Ana-Maria R., Xavion M., Dameon C., Tyrone M., Brittney W., Letitia James and Olivia R. |
| City of New York, New York City Administration for Childrens Services, State Of New York, New York State Office of Children and Family Services, Sheila J. Poole and Gladys Carrion |
| 1:2015cv05273 |
| July 8, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Laura Taylor Swain |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
557
ORDER: The Court has received the parties' September 27, 2023 Joint Letter. (ECF. No 556). The Court has considered the parties' respective positions and grants Defendants' request to (a) make submissions "to update the Court as t o current ACS policies and practices relevant to Plaintiffs' motion," and (b) submit a legal memorandum "addressing the application of the standard enunciated by the Circuit in remanding the question of the propriety of class certifica tion back to this Court." The Court hereby ORDERS that: 1. Defendants' submissions are due by October 30, 2023. 2. Plaintiffs' submissions are due by November 13, 2023. 3. Further discovery shall await the Court's ruling on Plaintiffs' Renewed Motion for Class Certification. SO ORDERED. (Signed by Judge Kimba M. Wood on 10/03/2023) (ama)
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Filing
554
ORDER: In light of the Second Circuit's reversal of this Court's September 3, 2021, Order denying class certification in this case, the Court will expedite proceedings in this case as much as possible. As a first step, the Court orders coun sel to send to the Court, no later than October 11, 2023, a letter setting forth in detail the current status of the litigants, and the issues to be decided between now and notice to class members. The parties shall also file a joint Pretrial Order, no later than October 11, 2023, that adheres to the requirements of this Court's Individual Rules. The Court is aware that agreement among the parties may not be possible. In any respect in which agreement is not possible, the parties are ordered to specify the dates and issues to which they can agree, and their reasons for not agreeing to the remainder. SO ORDERED. ( Pretrial Order due by 10/11/2023.) (Signed by Judge Kimba M. Wood on 9/19/2023) (ama)
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Filing
542
OPINION & ORDER: re: 511 MOTION to Disqualify pursuant to Fed. R. Evid. 702 filed by The City of New York, 504 LETTER MOTION for Extension of Time on consent to file the Daubert motion, and joint request to supplement DE 503 addressed to Judg e Kimba M. Wood from Sharon Sprayregen dated December 29, 2020 filed by The City of New York, 515 MOTION to Amend/Correct 513 Declaration in Support of Motion, Amd. Ex. E Amd. Anastas Rept. (incl. CVfiled by The City of New York. It goes withou t saying that any allegations regarding potential harm to children in foster care are of grave concern. The question here, however, is whether the named Plaintiffs have met their burden to demonstrate (among other things) that there are questions of law or fact common to a class of all children who are or will be in the foster care system of New York City, and that the named Plaintiffs are typical representatives of such a broad class. Because the Court finds that Plaintiffs have not offered suf ficient evidence to satisfy that burden, the motion for class certification is denied. By September 13, 2021, the parties must file a joint letter addressing the next steps in this litigation. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 504, 511, and 515. SO ORDERED. (Signed by Judge Kimba M. Wood on 9/03/2021) (ama)
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Filing
536
ORDER granting 532 Letter Motion to Seal. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/3/2021) (cf)
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Filing
474
NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL re: 473 Proposed Order for Withdrawal of Attorney: The Clerk of Court is respectfully directed to terminate Attorney Luke Xavier Flynn-Fitzsimmons' appearance as attorney for Intervenors Brooklyn Defender Services, The Bronx Defenders, Center for Family Representation, Inc., and Neighborhood Defender Service of Harlem. (Attorney Luke Xavier Flynn-Fitzsimmons terminated.) (Signed by Magistrate Judge Sarah L Cave on 3/5/2020) (jwh)
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Filing
472
ORDER: granting 471 Letter Motion to Adjourn Conference. The FPTC is adjourned to October 2, 2020 at 2:00 p.m. as a control date. The parties must file a joint status report by July 31, 2020. DE # 471 resolved. SO ORDERED. Final Pretrial Conference set for 10/2/2020 at 02:00 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 2/28/2020) (ama)
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Filing
470
ORDER: The final pretrial conference currently scheduled for December 20, 2019, is hereby adjourned to Friday, March 13, 2020 at 2:00 p.m. in Courtroom 17C. (Final Pretrial Conference set for 3/13/2020 at 02:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 12/13/2019) (cf)
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Filing
467
MEMO ENDORSEMENT on NOTICE OF MOTION TO SUBSTITUTE MICHAEL B. MUSHLIN AND SHAMARA MILLS AS NEXT FRIENDS: granting 463 Motion for SUBSTITUTE MICHAEL B. MUSHLIN AND SHAMARA MILLS AS NEXT FRIENDS. ENDORSEMENT: The within Motion for the substitution of Ms. Mills as next friend to Brittany W. and for the substitution of Ms. Mushlin as next friend to Mikayla G. and Thierry E. is Granted, and the Clerk of Court is directed to update the caption as set forth above. DE # 463 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/04/2019) (ama)
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Filing
428
OPINION AND ORDER: Accordingly, for all the foregoing reasons, plaintiffs' application to compel the production of drafts of certain of defendants' policies is denied. (Signed by Magistrate Judge Henry B. Pitman on 12/20/2018) Copies Transmitted By Chambers. (ne)
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Filing
418
ORDER: for 416 Report and Recommendations 357 Motion for Miscellaneous Relief, filed by Lucas T., Brittney W., Emmanuel S., Tyrone M., Thierry E., Ayanna J., Malik M., Alexandria R., Jose T.C., Olivia R., Mikayla G., Xavion M., Ana-Maria R., Myls J., Valentina T.C., Dameon C., Elisa W., Matthew V., Ximena T., 363 Motion to Dismiss filed by City of New York. Having reviewed Magistrate Judge Pitman's thorough and well-reasoned Report, to which no objection h as been made, the Court finds no clear error. Therefore, the Court adopts the Report in its entirety. Accordingly, Defendants' Motion to Dismiss next friends Amy Mulzer, Rachel Friedman, Dawn Cardi, Michael B. Mushlin, Reverend Doctor Gwendol yn Hadley-Hall, Bishop Lillian Robinson-Wiltshire, Liza Camellerie, Elizabeth Hendrix, and Samuel Perry is denied. Defendants Motion to Dismiss Elizabeth Barricelli as the next friend of Elisa W is granted. Plaintiffs Motion to Substitute Yusuf El Ashmawy As Next Friend of Brittney W. is granted. The Clerk of Court is requested to update the docket accordingly. This Order resolves docket entry nos. 357 and 363. This case remains referred to Judge Pitman for general pretrial management, and as further set forth in this order. (Signed by Judge Laura Taylor Swain on 3/20/2018) (ap) Modified on 3/20/2018 (ap).
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Filing
397
MEMORANDUM OPINION AND ORDER: re: 340 MOTION to Dismiss Plaintiff Letitia James and Plaintiffs' AACWA Claims filed by Sheila J. Poole. For the foregoing reasons, the Commissioner's motion to dismiss the Third Cause of Action is granted i n part and denied in part. The Public Advocate's claims against theCommissioner in the Third Cause of Action are dismissed. The Named Plaintiff Childrens' claims against the Commissioner as described in paragraphs 348(a), (c), (d), (e), (f) , and (j) of the AC are dismissed. The Commissioner's motion is denied in all other respects. This Memorandum Opinion and Order resolves docket entry no. 340. This case remains referred to Magistrate Judge Pitman for general pre-trial management. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/11/2017) (ama)
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Filing
392
MEMORANDUM OPINION AND ORDER: re: 297 MOTION for Summary Judgment on Grounds of Mootness filed by City of New York. Accordingly, because the Court has not yet made a final determination as to whether this case will proceed as a class action, Defen dants' motion for partial summary judgment dismissing the six Plaintiffs' claims on the grounds of mootness is denied. This Memorandum Opinion and Order resolves docket entry no. 297. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/01/2017) (ama)
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Filing
278
OPINION AND ORDER re: 114 MOTION to Dismiss Plaintiff Letitia James, Defendants ACS and Gladys Carrion, and all claims brought under the AACWA. filed by Gladys Carrion, New York City Administration for Childrens Services, City of N ew York. For the foregoing reasons, City Defendants' motion is granted in part. City Defendants' motion is granted to the extent that it seeks to dismiss Plaintiffs' AACWA claims premised on 42 U.S.C. §§ 671(a)(10) and 671( a)(22) described in paragraphs 348(a) and (j) of the Amended Complaint, and on the purported rights described in paragraphs 348(c)-(f) of the Amended Complaint. City Defendants' motion is also granted to the extent that it seeks the dismissal of the claims asserted against ACS and Commissioner Carrion, without prejudice to the litigation of those claims as against the Defendant City. The motion is denied in all other respects. This Opinion and Order resolves Docket Entry Number 114. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 9/12/2016) (cf)
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Filing
259
MEMORANDUM OPINION & ORDER re: 223 MOTION to Approve Settlement ("Notice of Motion for Final Approval of Settlement"). filed by Lucas T., Brittney W., Emmanuel S., Tyrone M., Thierry E., Ayanna J., Malik M., Alexandria R., Jose T.C., Olivia R., Mikayla G., Xavion M., Ana-Maria R., Myls J., Valentina T.C., Dameon C., Elisa W., Matthew V., Ximena T. Plaintiff's motion for approval of the proposed Consent Decree is denied and the conditional certifica tion of the Plaintiff class is vacated. This Memorandum Opinion and Order resolves Docket Entry No. 223. A pretrial conference in this matter will be held on October 13, 2016, at 2:00 p.m. The parties must submit an updated joint preliminary pre-tr ial statement in accordance with the Initial Conference Order (docket entry no. 32) in advance of that conference. This case remains referred to Magistrate Judge Pitman for general pre-trial management. (As further set forth in this Order.) (Pretrial Conference set for 10/13/2016 at 02:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 8/12/2016) (cf)
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