Fair Housing Justice Center, Inc. et al v. Cuomo et al
| Fair Housing Justice Center, Inc., Jane Doe and John Doe |
| Andrew M. Cuomo, Howard A. Zucker, New York State Department of Health, Elm York LLC, Madison York Assisted Living Community, LLC, Madison York Rego Park LLC and Village Housing Development Fund Corporation |
| 1:2018cv03196 |
| April 12, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Vernon S. Broderick |
| Americans with Disabilities - Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
385
ORDER granting 374 Letter Motion to Seal. Granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/19/2023) (mml)
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Filing
382
ORDER: As discussed during the settlement conference held on April 21, 2023: 1. Any time records produced by Plaintiffs to Defendants in connection with settlement discussions concerning the instant matter shall be treated as confidential and used solely in connection with those settlement discussions. 2. If the DAL, Webinar, and Q&A that have been the subject of discussion have not issued by May 8, 2023, Plaintiffs shall so notify the Court. 3. By April 28, 2023, Defendants shall inform Plaintiffs and/or the Court of Defendants' position regarding the issue of timing for fees resolution vis-a-vis damages resolution and implications that may have for timing of resolving non-damages terms. 4. The Court will schedule another set tlement conference for the purpose of discussing fee-related and any other open issues. The parties are expected to continue to negotiate in good faith and act promptly prior to the next conference. (Signed by Magistrate Judge Robert W. Lehrburger on 4/21/2023) (ate)
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Filing
368
ORDER: As discussed during the settlement conference held on March 3, 2023: 1. Between now and the next settlement conference, the parties shall meet and confer at least weekly, with the goal of resolving all open items on the "unresolved&quo t; item list. 2. No later than March 17, 2023, Defendants shall provide to Plaintiffs a response to all unresolved items and current proposed draft agreement, as well as the "safe harbor" language, presented by Plaintiffs. However, Defendants shall also make good faith efforts to provide Plaintiffs with responses on any unresolved items or draft language prior to March 17, 2023 that need not wait until then. 3. The above requirements and deadlines are the bare minimum . The parties shall make good faith efforts to meet and confer to discuss and resolve open issues as frequently and as long as needed. 4. The Court will schedule another settlement conference (via Teams) to take place in early April. The Courtroom Deputy will coordinate a date with the parties. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/3/2023) (tg)
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Filing
353
ORDER: As discussed during the settlement conference held on February 14, 2023: 1. The parties will meet and confer on February 16, 2023, and shall meet at least weekly, with the goal of resolving all open items on the "unresolved" ite m list. 2. No later than February 17, 2023, Defendants shall notify Plaintiff if Defendants will provide the "regulatory impact statement" that has been submitted for publication in regard to the revised regulations, subject to Plainti ff's agreement that they may use the statement, unless and until published, solely for purposes of considering settlement and without the opportunity to suggest any edits. If Defendants are willing to provide the statement, they shall do so the same day February 17, 2023, provided Plaintiff has signed the requisite stipulation of limited use. 3. No later than February 22, 2023, Defendants shall provide Plaintiff with all edits and proposed language for which they owe Plaintiff a response with respect to the unresolved item list. 4. The above requirements and deadlines are the bare minimum. The parties shall make good faith efforts to meet and confer to discuss and resolve open issues as frequentl y and as long as needed. 5. The Court will schedule another settlement conference (via Teams) for the morning of March 3, 2023. If, prior to March 3, 2023, the parties believe it would be more productive to defer the settlement conference to a later date, they shall so notify the Court. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/15/2023) (tg)
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Filing
317
ORDER: 1. By November 15, 2022, the parties shall meet and confer to discuss any questions that Plaintiffs have about the redline of the proposed resolution provided by Defendants on October 28, 2022, and to negotiate open issues. 2. By November 22, 2022, Plaintiffs shall provide to Defendants a fully responsive redline of the proposed resolution. For any provision/wording to which Plaintiffs are not agreeable but are amenable to an alternative provision/wording, their responsive redline must include the proposed alternative provision/wording. The same requirement applies to both parties with respect to any subsequent redline exchanges. 3. By December 6, 2022, the parties shall meet and confer to discuss any questions that Defendants hav e about the redline provided by Plaintiffs and to negotiate any issues. 4. By December 13, 2022, Defendants shall provide to Plaintiffs a fully responsive redline of what Defendants provided to them. 5. Thereafter, the parties shall adhere to the fo llowing schedule: (a) Within one week after a redline draft is exchanged, the parties shall meet and confer for at least one hour (unless both parties agree to less time) to discuss any questions the receiving party may have and to negotiate open iss ues; (b) Within three weeks (preferably sooner rather than later) from when the receiving party received a redline draft, that party must turn around and provide a full responsive redline. 6. The above requirements are the bare minimum. The parties shall make good faith efforts to meet and confer to discuss and resolve issues as frequently and as long as needed. 7. The party providing a redline to the other party shall cc Judge Lehrburger and include a copy of the redline. 8. The Court will schedule another conference with the parties to take place in January 2023. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/1/2022) (mml)
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Filing
315
ORDER: As discussed during today's settlement conference: 1. By September 30, 2022, the parties shall meet and confer to discuss any questions that Plaintiffs have about the redline of the proposed resolution provided by Defendants on September 19, 2022, and to negotiate open issues. 2. By October 7, 2022, Plaintiffs shall provide to Defendants a fully responsive redline of the proposed resolution. For any provision/wording to which Plaintiffs are not agreeable but are amenable to an alter native provision/wording, their responsive redline must include the proposed alternative provision/wording. The same requirement applies to both parties with respect to any subsequent redline exchanges. 3. By October 14, 2022, the parties shall meet and confer to discuss any questions that Defendants have about the redline provided by Plaintiffs and to negotiate any issues. 4. By October 28, 2022, Defendants shall provide to Plaintiffs a fully responsive redline of what Defendants provided to th em. 5. Thereafter, the parties shall adhere to the following schedule: (a) Within one week after a redline draft is exchanged, the parties shall meet and confer for at least one hour (unless both parties agree to less time) to discuss any questions t he receiving party may have and to negotiate open issues; (b) Within three weeks (preferably sooner rather than later) from when the receiving party received a redline draft, that party must turn around and provide a full responsive redline. 6. The a bove requirements are the bare minimum. The parties shall make good faith efforts to meet and confer to discuss and resolve issues as frequently and as long as needed. 7. The party providing a redline to the other party shall cc Judge Lehrburger and include a copy of the redline. 8. The Court will schedule another conference with the parties to take place after October 28, 2022. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/21/2022) (mml)
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Filing
298
ORDER. By August 8, 2022, Defendants shall provide to Plaintiffs' a fully responsive redline of the proposed resolution. For any provision/wording to which Defendants are not agreeable but are amenable to an alternative provision/wording, th eir responsive redline must include the proposed alternative provision/wording. The same requirement applies to both parties with respect to any subsequent redline exchanges. By August 15, 2022, the parties must meet and confer to discuss any quest ions that Plaintiffs' have about the redline provided and to negotiate open issues. By August 22, 2022, Plaintiffs will provide to Defendants a fully responsive redline of what Defendants provided to them. The party providing a redline to the other party shall cc Judge Lehrburger and include a copy of the redline. By July 29, 2022, Defendants shall inform Plaintiffs and the Court whether Defendants are amenable to using the pro bono services of a retired judge to assist with settlement discussions to supplement the efforts made by Judge Lehrburger. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/25/22) (yv)
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Filing
295
REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting 294 Letter Motion for Discovery. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. § 636(c). All fact discovery was completed. Fact depositions were completed. Plaintiffs request that this case be tried to a jury. All expert discovery, including disclosure reports, production of underlying documents, and depositions shall be completed by August 30, 2022. The parties have conferred and their present best estimate of the length of trial is seven trial days. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/14/2022) (mml)
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Filing
283
ORDER re: 282 Notice of Appearance filed by John Doe as Administrator for the Estate of Jane Doe, John Doe, Fair Housing Justice Center, Inc.. Pursuant to my instructions at the April 15, 2022 status conference, it is hereby: ORDERED tha t the parties meet and confer and, on or before April 29, 2022, submit a proposed briefing schedule for the parties' motions for summary judgment with regards to the issue of damages. IT IS FURTHER ORDERED that, on or before that same date, the parties update the Court on their plans regarding settlement, the intended scope of their settlement efforts, and any progress made towards settlement. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/18/2022) (kv)
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Filing
249
ORDER terminating 247 Letter Motion for Discovery. This matter having been referred to me, and to the extent the issue is not already moot, the Court resolves the 30(b)(6) deposition issue raised at Dkt. 247 as follows. So that the State Defenda nts can adequately prepare their witness on subject 26, at least 21 days in advance of the deposition on that topic Plaintiffs shall identify in writing for Defendants the following: 1. The specific regulations, policies, practices, and procedure s that Plaintiffs contend require modification pursuant to (g)(i) and (ii) on pages 56-57 of the Amended Complaint. Plaintiffs are not expected necessarily to know or determine every regulation, policy, practice, or procedure that may require such m odification. However, Plaintiffs must identify at least those of which they currently are aware. For each regulation, policy, practice, or procedure identified by Plaintiffs, Plaintiffs must also identify the specific modifications they believe shou ld be made. 2. Any additional affirmative step not identified in (g) on page 56-57 of the Amended Complaint that would be encompassed by the qualification "include, but are not limited to," to the extent Plaintiffs are presently aware of su ch additional step. 3. The information to be provided by Plaintiffs is without prejudice to Plaintiffs' supplementation of that information based on additional information learned in either fact or expert discovery. Similarly, State Defendants&# 039; 30(b)(6) answers to Topic 26 questions may be supplemented based on any supplemental information provided by Plaintiffs. 4. The Court finds that the other categories of affirmative relief requested (g)(iiivii) are sufficiently described for State Defendants to prepare a witness for Subject 26. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/22/2021) (mml)
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Filing
241
ORDER denying 240 Letter Motion for Discovery. APPLICATION DENIED. SO ORDERED. The parties are directed to meet and confer regarding Plaintiffs' proposed depositions after Defendants have had more time to evaluate the issue. Plaintiffs may reapply for leave under Rule 30(a)(2) in the future after Defendants have had more time to evaluate the issue and the parties have met and conferred. (Signed by Judge Vernon S. Broderick on 1/11/2021) (rro)
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Filing
239
ATTORNEYS' EYES ONLY STIPULATION AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Vernon S. Broderick on 12/16/2020) (rro)
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Filing
237
ORDER granting 225 Motion to Substitute Party. ; granting 228 Letter Motion to Seal. Accordingly, it is hereby: ORDERED that Plaintiffs' Motion to Substitute Party (Doc. 225) and Motion to Seal (Doc. 228) are GRANTED. The Clerk is directed to terminate the open motions at Documents 225 and 228. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/29/2020) (rro)
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Filing
231
ORDER: Accordingly, it is hereby: ORDERED that Defendants shall file a letter no later than October 28, 2020, stating whether they oppose the motions. So Ordered. (Signed by Judge Vernon S. Broderick on 10/20/2020) (js)
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Filing
221
ORDER: Notwithstanding the State's August 4, 2020 letter, the State Defendants were not excused from today's pre-settlement conference call, and they did not ask to be excused. Accordingly, the counsel for the State Defendants shall promptly arrange with my Courtroom Deputy a date and time for a telephone call with the Court to take place this week or early next week. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/12/2020) (mml)
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Filing
218
ORDER: A telephonic pre-settlement conference in this matter is hereby scheduled for August 12, 2020 at 3:30 p.m. and a telephonic settlement conference in this matter is hereby scheduled for August 27, 2020 at 9:30 a.m. The parties are instructe d to review Judge Lehrburger's Individual Practices and Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in PDF fillabl e format as an attachment to Judge Lehrburger's Settlement Conference Procedures) no later than August 20, 2020 at 5:00 p.m. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/6/2020) ( Telephone Conference set for 8/27/2020 at 09:30 AM before Magistrate Judge Robert W. Lehrburger.) (ks)
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Filing
197
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/7/2020) (rro)
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Filing
190
ORDER denying as moot 186 Motion to Dismiss. Accordingly, it is hereby: ORDERED that the State Defendants' motion to dismiss the cross-claims of the ACF Defendants, (Doc. 186), is denied as moot. The Clerk of Court is respectfully directed to terminate the open motion at Document 186. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/5/2019) (rro)
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Filing
179
OPINION & ORDER re: 133 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Village Housing Development Fund Corporation, 129 MOTION to Dismiss Amended Complaint. MOTION to Dismiss for Lack of Jurisdictio n Amended Complaint filed by Madison York Rego Park LLC, Madison York Assisted Living Community, LLC, Elm York LLC, 136 MOTION to Dismiss Plaintiffs' Amended Complaint filed by New York State Department of Health, Howard A. Zucker. For the foregoing reasons, Defendants' motions to dismiss the amended complaint for lack of Article III standing and under the doctrine of mootness are DENIED. The State Defendants' motion to dismiss for failure to state a claim is DENIED. The ACF Defendants' motions to dismiss for failure to state a claim are GRANTED IN PART and DENIED IN PART. Specifically, the ACF Defendants' motions are GRANTED to the extent they seek dismissal Plaintiff FHJC's claims brought against them under § 3604(d) of the FHA; the ACF Defendants' motions for failure to state a claim are otherwise DENIED. The Clerk of Court is directed to terminate the open motions at Document 129, 133, and 136. Defendants are directed to file answers to the amended complaint within thirty (30) days of the entry of this Opinion & Order. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/30/2019) (rro)
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Filing
151
OPINION AND ORDER: For the foregoing reasons, Plaintiff's motion for a preliminary injunction is GRANTED IN PART and DENIED IN PART. Specifically, Plaintiff's motion is granted with respect to her request that I direct Defendant Village H ousing to permit her to return to her apartment unless and until a warrant of eviction is issued by a New York City court and executed by a New York City marshal. That relief is subject to Plaintiff's application to and enrollment in a Manage d Long-Term Care Program that provides adequate care and services to Plaintiff in her VillageCare apartment. The parties shall use their best efforts to have Plaintiff evaluated for a Managed Long-Term Care Program within three (3) weeks of the ent ry of this Opinion & Order. Plaintiff's motion is denied with respect to her request that I direct Defendant Village Housing to reenroll Plaintiff in its ALP and provide services pursuant to 18 NYCRR § 494.5. Should the relief granted pr esent difficulties for either party that make it unworkable, the parties shall submit a joint letter of no more than five (5) pages within one (1) week of the entry of this Opinion & Order outlining in detail the reasons why they believe the relief granted is unworkable. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/10/2018) (rro)
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