Case: National Law Center on Homelessness and Poverty v. State of New York

National Law Center on Homelessness and Poverty, R.I. v. State of New York

National Law Center on Homelessness and Poverty, R.I. v. State of New York

National Law Center on Homelessness and Poverty, R.I. v. State of New York

National Law Center on Homelessness and Poverty, R.I. v. State of New York

National Law Center on Homelessness and Poverty, R.I. v. State of New York

National Law Center on Homelessness and Poverty, R.I. v. State of New York

COMPLAINT Summons Issued against Amityville School District, Bay Shore Union Free School District, Brentwood School District, Central Islip School District, Copiague Union Free School District, Janet Demarzo, Robert Doar, John Doe, Sheila Evans−Tranumn, Hampton Bays School District, Dan Hickey, Longwood Central School District, Patricia McGuirk, Medford School District, Middle Country School District, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, North Babylon School District, Riverhead School District, South Country School District, South Huntington School District, State of New York, Suffolk County Department of Social Services, William Floyd School District filing fee $ 150, receipt number 12106, filed by M.K., M.W., National Law Center on Homelessness and Poverty, R.I., T.K.. (Attachments: # 1 Civil Cover Sheet)(Duong, Susan) (Entered: 03/01/2004)

ORDER TO SHOW CAUSE by Pltffs − It is Ordered, that the above−named dfts show before this Court, on 2/27/04 @ 1:30 p.m., why an Order should not be issued pursuant to Rule 65 of the FRCP granting preliminary injunction against dfts requiring them to provide transportation to and from school for the pltffs and requiring them to admit and enroll the pltffs in their school district of origin as defined in federal and state law. Ordered that a copy of this Order, together with the papers upon which it is granted be personally served upon the dfts on or before 2/24/04 by 5:00 p.m., and that such service be deemed good and sufficient. (Signed by Judge Arthur D. Spatt on 2/20/04). C/F(Coleman, Laurie) (Entered: 03/03/2004)

PROPOSED TEMPORARY RESTRAINING ORDER − Ordered, that Pltffs' motion for a temporary restraining order is hereby granted. Ordered that the dft Suffolk County Department of Social Services (and Janet DeMarzo, as Commissioner of the Suffolk County Department of Social Services), Longwood Central School District, NY State Education Department (and Richard P. Mills, as Commissioner of Education of the State of NY), NYS Office of Temporary and Disability Assistance (and Robert Doar as Acting Commissioner of the NYS Office of Temporary and Disability Assistance) are enjoined to provide transportation for S.P., a minor child, to and from Longwood High School until this matter is heard on pltffs' motion for preliminary injunction. Ordered that the above−named dfts will take all necessary steps to entroll S.P. at Longwood High School and to provide her a public education, including such special education services as S.P. has previously been determined to be entitled to; Ordered that this Order shall expire in 10 days from the date of the Order, unless extended for good cause shown. Ordered that no security for costs or damages need be posted. PROPOSED TEMPORARY RESTRAINING ORDER DENIED AS MOOT (Signed by Judge Spatt, on 2/20/04). C/F(Coleman, Laurie) (Entered: 03/03/2004)

MOTION to Seal ; Motion to File Under Seal and Limit Disclosure of Certain Identifying Information − Pltffs, M.K. and her daughter S.P. move this court for an order permitting them to file the Affidavit of M.K. in support of their Motion for Temporary Restraining Order and Preliminary Injunction under seal and to keep these documents under seal and immune from public disclosure. Pltffs request that the Affidavit of M.K. be filed under seal, that her residency and all other identifying information be sealed, and that all references to M.K. and her daughter S.P. in public documents be made by initials only. In the event that the Court does not grant the aforementioned relief, the pltff s seek an order that any copies of the Affidavit of M.K. that are made public are redacted to exclude the names, addresses, and other identifying information of the pltffs. Filed by M.K., M.W., National Law Center on Homelessness and Poverty, R.I., T.K.. (Coleman, Laurie) (Entered: 03/03/2004)

ORDER granting 4 Motion to Seal − Pursuant to Rule 26(c) of the FRCP, the Family Education Rights and Privacy Act and the Individuals with Disabilities Education Act, I order that the Affidavit of the pltff M.K. be sealed and not made available for public disclosure, that M.K.'s residency and all other identifying information be sealed, and that all references to M.K. and her daughter S.P. in public documents be made by initials only. (Signed by Judge Arthur D. Spatt on 2/20/04). C/F (Coleman, Laurie) (Entered: 03/03/2004)

MEMORANDUM OF LAW by M.K., M.W., National Law Center on Homelessness and Poverty, R.I.. Re: In Support of pltffs 2 Order to Show Cause for Temporary Restraining Order and Preliminary Injunction. (Coleman, Laurie) (Entered: 03/03/2004)

AFFIDAVIT of Jeffrey A. Simes on behalf of M.K., M.W., National Law Center on Homelessness and Poverty, R.I. Re: In Support of pltff's 2 Order to Show Cause for Temporary Restraining Order and Preliminary Injunction.(Coleman, Laurie) (Entered: 03/03/2004)

LETTER dated 2/25/04 from Eric Musselman to Robert C. Heinemann Re: Enclosed for filing and docketing are the Affidavits of Service for the Summons, Complaint, Civil Cover Sheet, Order to Show Cause (OTSC) for Temporary Restraining Order and Preliminary Injunction; Pltffs' Memorandum of Law in Support of OTSC; Affidavit of M.K. in Support of OTSC; Affidavit of Jeffrey A. Simes in Support of OTSC; Proposed Order, Motion to File Affidavit under Seal and Proposed Order on Motion to file Affidavit under Seal; Affidavit of R.I.; Affidavit of M.W.; Affidavit of T.K; served upon the following dfts: Brentwood School District; Suffolk County Department of Social Services; Middle Country School District; Dan Hickey, Associate Commissioner of the Suffolk County Department of Social Services; Janet DeMarzo, Commissioner of the Suffolk County Department of Social Services; South Huntington School District; Central Islip School District; Bay Shore Union Free School District; North Babylon School District: Copiague Union Free School District; Amityville School District; Longwood Central School District; Hampton Bays School District; South Country School District; William Floyd School District; Medford School District; Riverhead School District; NYS Office of Temporary and Disability Assistance; Robert Doar, Acting Commissioner of the NYS Office of Temporary and Disability Assistance; State of NY; New York State Education Department; Richard P. Mills, Commissioner of Education of the State of NY; Sheila Evans−Tranumn, Associate Commissioner of Education of the State of New York; and Patricia McGuirk, Program Manager for the Homeless of the New York State Education Department.(Coleman, Laurie) (Entered: 03/10/2004)

SUMMONS Returned Executed by M.K., M.W., National Law Center on Homelessness and Poverty, R.I.. − Copies of Summons, Complaint, Civil Cover Sheet, Order to Show Cause (OTSC) for Temporary Restraining Order and Preliminary Injunction; Pltffs' Memorandum of Law in Support of OTSC; Affidavit of M.K. in Support of OTSC; Affidavit of Jeffrey A. Simes in Support of OTSC; Proposed Order, Motion to File Affidavit under Seal and Proposed Order on Motion to file Affidavit under Seal; Affidavit of R.I.; Affidavit of M.W.; Affidavit of T.K., served upon the following dfts on 2/23/04: Amityville School District; Bay Shore Union Free School District; Brentwood School District; Central Islip School District; Copiague Union Free School District; Janet Demarzo; Hampton Bays School District; Dan Hickey; Longwood Central School District; Medford School District; Middle Country School District; New York State Office of Temporary and Disability Assistance; North Babylon School District; Riverhead School District; South Country School District; South Huntington School District; Suffolk County Department of Social Services; William Floyd School District; Answers due on 3/15/04.(Coleman, Laurie) (Entered: 03/10/2004)

SUMMONS Returned Executed by M.K., M.W., National Law Center on Homelessness and Poverty, R.I. − Copies of Summons and Complaint as well as all copies of the papers, motions and affidavits filed in the above captioned action to date was served on 2/20/04 upon the following dfts: Sheila Evans−Tranumn; Patricia McGuirk; Richard P. Mills; New York State Education Department; State of New York; Answer for these dfts due 3/11/2004. (Coleman, Laurie) (Entered: 03/10/2004)

LETTER MOTION dated 2/25/04 from Susan Connolly, Assistant Attorney General, to Judge Spatt Re: The above matter is currently scheduled before you on 2/27/04. It is requested that the return date be adjourned for one week to 3/5/04. (Coleman, Laurie) (Entered: 04/13/2004)

ENDORSED ORDER granting the 41 letter application requesting that the return date be adjourned − The Order to Show Cause Hearing for the Preliminary Injunction is adjourned to 3/5/04 @ 1:30 p.m. Ms. Connolly is directed to fax a copy of this Order to all parties in this action. (Signed by Judge Arthur D. Spatt on 2/26/04). EOD #41, C/F, C/M.(Coleman, Laurie) (Entered: 04/13/2004)

LETTER MOTION dated 3/1/04 from Christopher Garvey to Judge Spatt Re: In connection with pltff's preliminary injunction motion, scheduled for 3/5/04, I enclose for filing, affidavits of three named pltffs, identified herein by initials T.K., M.W. and R.I. these pltffs have requested that they, like pltff M.K. be allowed to proceed by initials only in this action and that these affidavits be filed with the Court under seal. We ask that the Court accept these documents for filing under seal.(Coleman, Laurie) (Entered: 03/10/2004)

ENDORSED ORDER granting 12 letter application to seal the affidavits of pltffs T.K., M.W. and R.I. − Request to SEAL the Affidavits referred to in this letter GRANTED. In addition, the parties in this action are directed to identify the named−pltffs by initials only. (Signed by Judge Arthur D. Spatt on 3/2/04). EOD #12. C/M(Coleman, Laurie) (Entered: 03/10/2004)

LETTER MOTION dated 3/3/04 from Christopher Garvey to Judge Spatt Re: Pltffs request that the Court order that Mr. Keenan and his clients serve opposition papers, if any, upon this office no later than 12 noon tomorrow, via facsimile. (Coleman, Laurie) (Entered: 03/10/2004)

ENDORSED ORDER denying 16 letter application − Request to compel Raymond Keenan and his clients to serve opposition papers upon the pltffs on or before 12 noon on 3/4/04 DENIED. If necessary, the Court will set a briefing schedule with regard to these particular dfts at the Order to Show Cause Hearing on 3/5/04. (Signed by Judge Arthur D. Spatt on 3/4/04). EOD #16. C/F, C/M(Coleman, Laurie) (Entered: 03/10/2004)

LETTER dated 3/4/04 from Raymond Keenan to Judge Spatt Re: We received a phone message and a copy of a letter to Your Honor from pltff's counsel, Christopher Garvey, Esq., regarding service of papers in opposition to the request for preliminary injunction. It has been our intention to serve papers in accordance with the applicable rules. However, we have no objection to service via fax by the close of business today. (Coleman, Laurie) (Entered: 03/10/2004)

MEMORANDUM OF LAW by Janet Demarzo, Dan Hickey Re: In Opposition to pltff's 2 Motion for a Preliminary Injunction. (Coleman, Laurie) (Entered: 03/10/2004)

AFFIDAVIT by Janet Demarzo, Dan Hickey Re: In Opposition to pltffs' 2 Order to Show Cause for a Preliminary Injunction. (Coleman, Laurie) (Entered: 03/10/2004)

MEMORANDUM OF LAW by Robert Doar, Sheila Evans−Tranumn, Patricia McGuirk, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, State of New York Re: In Opposition to pltffs' 2 Order to Show Cause for a Preliminary Injunction. (Coleman, Laurie) (Entered: 03/06/2004)

AFFIDAVIT of Kate Ventura on behalf of Robert Doar, Sheila Evans−Tranumn, Patricia McGuirk, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, State of New York Re: In Opposition to pltff's 2 Order to Show Cause for a Preliminary Injunction. (Coleman, Laurie). (Entered: 03/06/2004)

MEMORANDUM OF LAW by Pltffs, M.K., M.W., National Law Center on Homelessness and Poverty, R.I. Re: In further Support of their 2 Order to Show Cause for Preliminary Injunction. (Coleman, Laurie) (Entered: 03/09/2004)

AFFIDAVIT of Kate Ventura on behalf of New York State Education Department, New York State Office of Temporary and Disability Assistance, State of New York Re: On behalf of the State Dfts' in Opposition to Pltffs' 2 request for preliminary injunctive relief. (Coleman, Laurie) (Entered: 03/18/2004)

AFFIRMATION of James H. Pyun on behalf of William Floyd School District Re: In opposition to pltff's 2 application for a preliminary injunction.(Coleman, Laurie) (Entered: 03/19/2004)

AFFIDAVIT of Janet Gilmor on behalf of William Floyd School District Re: In opposition to pltff's 2 application for a preliminary injunction. (Coleman, Laurie) (Entered: 03/19/2004)

Minute Entry for proceedings held before Arthur D. Spatt : C. Garvey, for Plf; Ray Keenan, for dft.Show Cause Hearing held on 3/5/2004 @1:50 and 3:20. CR Owen Wicker Case called Counsel for ll parties present. OSC argued. Show Cause Hearing set for 3/11/2004 09:00 AM before Judge Arthur D. Spatt. (Barhome, Sydelle) (Entered: 04/22/2004)

LETTER MOTION dated 3/4/04 from Christopher Garvey to Judge Spatt Re: In connection with pltffs' preliminary injucntion motion, scheduled for a hearing before Your Honor on 3/5/04. I enclose for filing the affidavits of two putative class members, identified by initial D.M. and J.T. These individuals have requested that they like pltffs, M.K., R.I., M.W. and T.K. be identified by initials only in this action, and that these affidavits be filed with the Court under seal. (Coleman, Laurie) (Entered: 03/10/2004)

ENDORSED ORDER granting pltffs' 24 letter request to seal the Affidavits of two putative class members, D.M. and J.T. − Request to SEAL the enclosed affidavits GRANTED. The parties in this action are directed to identify these individuals only by their initials. (Signed by Judge Arthur D. Spatt on 3/6/04). EOD #24. C/M(Coleman, Laurie) (Entered: 03/10/2004)

REDACTED AFFIRMATIONS in OPPOSITION TO ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION of Laura L. Pack and Donald Reed and REDACTED EXHIBITS, filed by Suffolk County (to replace the ones previously submitted). (Montero, Edher) (Entered: 04/27/2004)

AFFIDAVIT of Raymond G. Keenan on behalf of Amityville School District, Middle Country School District, North Babylon School District, South Country School District Re: In Opposition to pltffs' 2 Motion for a Preliminary Injunction. (Coleman, Laurie) (Entered: 03/10/2004)

AFFIDAVIT of Maria Taliercio as Assistant Superintendent for Pupil Personnel Services at Middle Country School District Re: In Opposition to pltffs' 2 Request for a

AFFIDAVIT of Ken Dellaporta as assistant Director of Student Support Services in the South Country Central School District Re: In Opposition to pltffs' 2 Request for a Preliminary Injunction. (Coleman, Laurie) (Entered: 03/10/2004)

AFFIDAVIT of Diana V. Houghton on behalf of Central Islip School UFSD Re: In Opposition to pltff's Motion for Preliminary Injunctive Relief. (Coleman, Laurie) (Entered: 03/12/2004)

AFFIDAVIT of Neil M. Block on behalf of Bay Shore Union Free School District, Brentwood School District, Central Islip School District, Copiague Union Free School District, Longwood Central School District, Medford School District, Riverhead School District, South Huntington School District Re: In Opposition to pltffs' Motion for preliminary injunction.(Coleman, Laurie) (Entered: 03/12/2004)

AFFIRMATION of Inez Maria Haettenschwiller on behalf of New York State Office of Temporary and Disability Assistance Re: In Opposition to pltff's 2 Order to Show Cause for preliminary injunctive relief. (Coleman, Laurie) (Entered: 03/12/2004)

Minute Entry: Before Arthur D. Spatt on 3/11/04 at 9:00 am, civil cause for Order to Show Cause Hearing. Case called. Counsel for all parties present. Court Reporter Harry Rapaport. Order to Show Cause argued and continued to 3/17/04 (Montero, Edher) (Entered: 04/26/2004)

LETTER dated 3/12/04 from Sena Kim−Reuter Law Clerk to Judge Spatt to Mark Rushfield, Esq. Re: I am returning your motion to dismiss the complaint and opposition to the pltff's motion for a preliminary injunction, which were filed together, without docketing and filing. As you appear to acknowledge in your letter, dated 3/11/04, Judge Spatt's Individual Rules require that, in general, motions must be fully briefed upon filing. You may refile your motion upon compliance with the Individual Rules. In addition, kindly file your opposition papers separately from your motion. The Court will deem your opposition papers as timely if such papers are filed within ten days of the date of this letter. (Coleman, Laurie) (Entered: 03/29/2004)

LETTER dated 3/11/04 from Mark Rushfield to Judge Spatt Re: On 3/3/04 I served asnwering papers concerning the pltff's request for preliminary injunctive relief and a motion to dismiss for lackof subject matter jurisdiction. the motion complied with Local Rule 6.1. As the motion and opposing affidavit were coterminus, they were filed with the Clerk of the Court and a courtesy copy provided to Your Honor. However, I am concerned that in doing so I may have been in noncompliance with your individual rules of practice concerning the motion component of these submissions. I understand that pltff's answering papers are to be served within 10 business days after service of the moving papers, on or about 3/17/04. I presume that under your individual practice rules, I am to secure all the motion papers and file them together once all are ready. At that time, unless instructed otherwise, I shall submit another original set of the initial motion papers I submitted on March 3. Should the Court find the above procedure unacceptable or have any other directions, I would welcome them. (Coleman, Laurie) (Entered: 03/30/2004)

Letter from Susan M. Connolly dtd. 3/16/04 to Judge Spatt. Re: The following constitutes comments from defts NYS Education Dept, NYS Office of Temporary & Disability Assistance and the individually named State defts with regard to the proposed Settlement Agreement submitted by plaintiffs. (Montero, Edher) (Entered: 04/27/2004)

MINUTE ENTRY before Judge Arthur D. Spatt on 3/17/04 @ 10:45 a.m., for Civil Cause for Order to Show Cause for Preliminary Injunction. Counsel for all sides present. Case called. Motion argued − break for conference (11:15). Adjourned for further conference, date not specified. (Coleman, Laurie) (Entered: 06/17/2004)

MOTION to Seal Affidavit of R.C. and Limit Disclosure of Certain Identifying Information − For an order permitting pltffs to file the Affidavit of R.C. in support of their Order to Show Cause under seal and to keep these documents under seal and immune from public disclosure. Pltffs request that the Affidavit of R.C. be filed under seal, that her residency and all other identifying information be sealed, and that all references to R.C. and her daughter J.C. in public documents be made by initials only. Filed by M.K., M.W., National Law Center on Homelessness and Poverty, R.I., T.K.. (Coleman, Laurie) (Entered: 04/07/2004)

ENDORSED ORDER granting pltffs' 39 Motion to Seal to Seal the Affidavit of R.C. (Signed by Judge Arthur D. Spatt on 4/2/04). EOD #39, C/M. (Coleman, Laurie) (Entered: 04/07/2004)

PROPOSED ORDER TO SHOW CAUSE − It is Ordered that the dfts Suffolk County Department of Social Services, Janet Demarzo, and Dan Hickey (collectively, the "Social Service Dfts') show cause before this Court, why an Order should not be issued pursuant to FRCP Rule 65, granting preliminary injunction against the Social Services dfts requiring them to provide transportation to and from the Sagamore Children's Psychiatric Center for a 30 day program initiated by the William Floyd School District, for J.C., the child of pltff R.C., and for such other relief the Court deems just and proper − APPLICATION DENIED, as the parties have resolved the issue herein. (Signed by Judge Arthur D. Spatt on 4/2/04). C/M. **(Proposed Temporary Restraining Order annexed, return unsigned from Chambers.)**(Coleman, Laurie) (Entered: 05/12/2004)

AFFIDAVIT of Service for copies of the First Amended Class Action Complaint for Declaratory and Injunctive Relief, served upon State of New York Office of the Attorney General, Denis McEligot, Esq., Susan M. Connolly, Esq.; Suffolk County Department of Law, Jeltje Dejong, Esq., Laurie Pack, Esq.; Ingerman Smith, L.L.P., Neil M. Block, Esq., Christopher M. Powers, Esq.; Bernard T. Callan, Esq.; Guercio & Guercio, Gary L. Steffanetta, Esq., Raymond G. Keenan, Esq.; Ehrlich, Frazier & Feldman, Florence Frazier, Esq.; Shaw & Perelson LLP, Marc C. Rushfield, Esq.; Kevin Seaman, Esq., on 4/2/04, filed by M.K., M.W., National Law Center on Homelessness and Poverty, R.I., T.K. (Fagan, Linda) (Entered: 04/22/2004)

LETTER dated 4/2/04 from Sanjay Malhotra to Judge Spatt Re: Dft William Floyd requests that it be given an opportunity to substantively respond to the complaint by virtue of a Rule 12(b) motion. We seek a briefing schedule from the Court for the submission of such papers. We also seek the Court's guidance on the status of pltff's initial motion for a preliminary injunction in light of our request to file a Rule 12(b) motion. William Floyd requests an opportunity to submit supplemental opposition papers given the additional affidavits filed by pltff's counsel. (Coleman, Laurie) (Entered: 06/17/2004)

LETTER dated 4/14/04 from Christopher Garvey to Judge Spatt Re: We represent the pltffs. We received a letter by dft William Floyd's counsel, Sanjay B. Malhotra, to Your Honor dated 4/9/04, regarding our client J.C. and his mother R.C., which letter was our first contact from any dft on this issue. Although we would prefer to spend our time working on the proposed consent decree to ensure that homeless children are properly educated in Suffolk County, we nonethless feel obligated to respond briefly to Mr. Malhotra's letter in order to carlify the record.(Coleman, Laurie) (Entered: 06/18/2004)

LETTER dated 4/9/04 from Sanjay Malhotra to Judge Spatt Re: To inform the Court that dfts have just learned that J.C. and his mother have abandoned the homeless shelter on 4/3/04 and informed it that she would not be returning that night. The family has not returned to the shelter since. Thus, DSS has been obligated to discharge them from the shelter and cancel J.C.'s transportation services for next week when school re−opens from the Sprink break. The family's whereabouts are currently unknown to DSS or this office. Accordingly, notwithstanding the agreement reached by the parties in Court on 3/31/04, there will be no transportation services available to J.C. next week should the family return to the school district or to a DSS homeless shelter. William Floyd can no longer guarantee that J.C.'s placement at the special education program will remain open indefinately. As Your Honor is aware, placement of a student in an out−of−district special education program occurs at great cost to the school district. (Coleman, Laurie) (Entered: 06/18/2004)

LETTER MOTION dated 5/5/04 from Christopher Garvey to Judge Spatt Re: To request that the Court re−schedule the 5/7/04 status conference to 5/14/04 @ 10:00 a.m., in order to allow the New York State dfts the time they have requested for their clients to provide written comments to the revised proposed consent order. We ask the Court that, in the event that the parties reach a settlement agreement at the 5/14/04 conference, the Court proceed to hold a Rule 16 scheduling conference, so that pltffs may proceed with the case, including but not limited to discovery and class certification. (Coleman, Laurie) (Entered: 06/18/2004)

LETTER/Fax dated 5/5/04 from Hon. Margaret J. Finerty to Judge Spatt Re: To request a telephone conference with you to discuss the progress of our monitorship, and our report to the Court regarding our activities to date. (Coleman, Laurie) (Entered: 08/12/2004)

MINUTE ENTRY before Judge Arlene R. Lindsay on 5/14/04 @ 11:30 a.m., for Civil Cause for Initial Conference. Counsel for all sides present. (Coleman, Laurie) (Entered: 06/18/2004)

MINUTE ENTRY before Judge Arlene R. Lindsay on 5/19/04 @ 2:30 p.m., for Civil Cause for Telephone Status Conference. Counsel for all sides present. The parties shall submit the fully−executed proposed pre−trial scheduling order to the undersigned with amendments to paragraphs 5 and 7 as agreed during this conference. So Ordered. C/F (Coleman, Laurie) (Entered: 05/24/2004)

LETTER dated 5/19/04 from Susan Connolly Assistant Attorney General to Judge Lindsay Re: I am in receipt of a copy of letter from pltffs to you, seeking entry of a proposed discovery order in this case. On behalf of the state dfts, we strenuosly object to the entry of the proposed order. (Coleman, Laurie) (Entered: 05/24/2004)

LETTER dated 5/19/04 from Christopher Garvey to Judge Lindsay Re: We do not ask the Court to grant or deny any relief at this point. Rather, we believe that the Suffolk County Social Services dfts should be required to proceed by formal motion to seek Court approval of for the release of the information they seek. Not only is this procedure contemplated by applicable statutes and/or regulations, but furthermore, it will allow for an orderly process, provide us with time to consult with each of our clients concerning there issues, and otherwise bring matters before the Court in an efficient manner.(Coleman, Laurie) (Entered: 05/24/2004)

ENDORSED ORDER on 51 Letter − Application to proceed by formal motion is denied. A telephone conference will be held on 5/26/04 @ 11:00 a.m. at which time the county may explain the relevance of these materials and their need for same. County to initiate the call. (Signed by Judge Arlene R. Lindsay on 5/19/04). EOD #51. C/F(Coleman, Laurie) (Entered: 05/24/2004)

LETTER dated 5/19/04 from Lori Pack Assistant County Attorney to Judge Lindsay Re: It is requested that the attached subpoena be "so ordered" so that this office can obtain certain documents necessary to defend this case. **Resolved by 5/19/04 Order. ** (Coleman, Laurie) (Entered: 05/24/2004)

LETTER dated 5/20/04 from Gary Steffanetta to Judge Lindsay Re: To request a telephone conference with you for assistance in resolving an important isssue. (Coleman, Laurie) (Entered: 05/25/2004)

LETTER dated 5/21/04 from Jeffrey Simes to Judge Lindsay Re: In response to yesterday's letter to Your Honor from Gary Steffanetta, counsel for various school district dfts, concerning the deposition of Kate Ventura, which is to take place 5/26/04. We can see no reason behind Mr. Steffenetta's letter other than to delay discovery in this case. (Coleman, Laurie) (Entered: 05/25/2004)

MINUTE ENTRY before Judge Arlene R. Lindsay on 5/21/04 @ 3:00 p.m., for Civil Cause for Status Conference by telephone. Counsel for all sides present. (Coleman, Laurie) (Entered: 05/25/2004)

MEMORANDUM OF LAW by C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Support of Pltffs' 84 MOTION for Class Certification. (Motion Served: 5/21/04, Motion Filed: 7/27/04). (Coleman, Laurie) (Entered: 08/02/2004)

DECLARATION of Jeffrey A. Simes on behalf of C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Support of Pltffs' 84 Motion for Class Certification. (Motion Served: 5/21/04). Motion Filed: 7/27/04). (Coleman, Laurie) (Entered: 08/02/2004)

PROPOSED ORDER Re: Pltffs' 84 MOTION for Class Certification. (Returned Unsigned from Chambers).(Coleman, Laurie) (Entered: 08/02/2004)

MEMORANDUM OF LAW by Robert Doar, Sheila Evans−Tranumn, Patricia McGuirk, Richard P. Mills, New York State Education Department, State of New York Re: In Opposition to Pltffs' 84 MOTION for Class Certification. (Motion Served: 5/21/04, Motion Filed: 7/27/04). (Coleman, Laurie) (Entered: 08/02/2004)

AFFIRMATION of Susan M. Connolly on behalf of the "State Dfts" Re: In Opposition to Pltffs 84 MOTION for Class Certification. (Motion Served: 5/21/04, Motion Filed: 7/27/04).(Coleman, Laurie) (Entered: 08/02/2004)

DECLARATION of Lori L. Pack on behalf of Suffolk County Department of Social Services Re: In Opposition to Pltffs' 84 MOTION for Class Certification. (Motion Served: 5/21/04, Motion Filed: 7/27/04). (Coleman, Laurie) (Entered: 08/02/2004)

AFFIDAVIT of Donald Reed on behalf of Suffolk County Department of Social Services ("the County") Re: In Opposition to Pltffs' 84 MOTION for Class Certification. (Motion Served: 5/21/04, Motion Filed: 7/27/04).(Coleman, Laurie) (Entered: 08/02/2004)

REPLY MEMORANDUM OF LAW by C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In further Support of Pltffs' 84 MOTION for Class Certification. (Motion Served: 5/21/04, Motion Filed: 7/27/04). (Coleman, Laurie) (Entered: 08/02/2004)

SUPPLEMENTAL DECLARATION of Jeffrey A. Simes on behalf of C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Support of Pltffs' 84 MOTION for Class Certification. (Coleman, Laurie) (Entered: 08/02/2004)

LETTER/FAX MOTION dated 5/24/04 from Gary Steffanetta to Judge Spatt Re: This office has served as counsel to Hampton Bays School District, Middle Country School District, South Country School District, North Babylon, and Amityville School Districts. We make this application pursuant to Local Rule 1.4 for permission to withdraw from our representation of these five dft school districts, based upon the potential for a serious conflict of interest. (Coleman, Laurie) (Entered: 06/16/2004)

ENDORSED ORDER granting 57 letter application requesting permission for Guercio & Guercio to withdraw from representing Hampton Bays School District, Middle Country School District, South Country School District, North Babylon, and Amityville School District. Request to withdraw from representation and permitting Ingerman Smith, LLP to be substituted as counsel for record GRANTED. (Signed by Judge Arthur D. Spatt on 5/24/04). EOD #57. C/M(Coleman, Laurie) (Entered: 06/16/2004)

Letter from Gary L. Stefanetta dtd. 5/26/04 to All counsel serving endorsed order dtd. 5/24/04 of Judge Spatt for withdrawal of representation of Hampton Bays UFSC, Middle Country Central, South County Central, No. Babylon UFSC, Amityville UFSC. (Montero, Edher) (Entered: 06/23/2004)

Letter from Christopher J. Garvey on behalf of plaintiffs dtd. 5/27/04 to Judge Lindsay enclosing a faxed stip & order concerning Discovery Plan executed by all counsel. Orginal to follow. (Montero, Edher) (Entered: 06/28/2004)

STIPULATION AND ORDER Concerning Discovery Plan. So Ordered. Signed by Judge Arlene R. Lindsay on 6/1/04. (See attached Stipulation and Order for details.)(Dachille, Patti) (Entered: 09/28/2004)

MOTION for Leave to Appear Pro Hac Vice − For an Order allowing the admission of Jessica S. Blatt, Cheryl R. Brunetti, Courtney A. Clark, Christopher Nee, Sozi T. Sozinho, and Jeffrey R. Yousey as counsel for the pltffs. (Fee Paid: $25.00, Receipt: 013124). Filed by C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K.. (Coleman, Laurie) (Entered: 08/11/2004)

AFFIDAVIT of Christopher A. Garvey on behalf of C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Support of the 99 MOTION for an Order allowing the admission of Jessica S. Blatt, Cheryl R. Brunetti, Courtney A. Clark, Christopher Nee, Sozi T. Sozinho, and Jeffrey R. Yousey pro hac vice as counsel for the pltffs. (Fee Paid: $25.00, Receipt: 013124).(Coleman, Laurie) (Entered: 08/11/2004)

ORDER granting 99 Motion for Leave to Appear Pro Hac Vice − The admitted attorneys, Jessica S. Blatt, Cheryl R. Brunetti, Courtney A. Clark, Christopher Nee, Sozi T. Sozinho, and Jeffrey R. Yousey are permitted to argue or try this particular case in whole or in part as counsel or advocates representing the pltffs in this action. (Fee Paid: $25.00, Receipt: 013124). (Signed by Judge Arthur D. Spatt on 6/4/04). C/M (Coleman, Laurie) (Entered: 08/11/2004)

NOTICE OF APPEARANCE by Karen E. Weinberger on behalf of C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. (Coleman, Laurie) (Entered: 08/11/2004)

MOTION for Leave to Appear Pro Hac Vice − For an Order alllowing the admission of Georgia E. Yanchar, as attorney, pro hac vice to argue or try this case in whole or part as counsel for the pltffs. (Fee Paid: $25.00, Receipt: 013144). Filed by C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K.. (Coleman, Laurie) (Entered: 08/11/2004)

AFFIDAVIT of Jeffrey A. Simes on behalf of C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Support the 103 MOTION for an Order allowing the admission of Georgia E. Yanchar, as attorney, pro hac vice to argue or try this case in whole or part as counsel for the pltffs. (Fee Paid: $25.00, Receipt: 013144). (Coleman, Laurie) (Entered: 08/11/2004)

ORDER − Before the Court is the dft William Floyd's letter application seeking 1) to limit the number of school district depositions and 2) to compel the pltffs to produce Ms. Julianelle, who has been designated as the pltffs' 30(6)(b) witness, for a deposition in this district or to designate an alternative witness. Also before the court is the pltffs' letter application, seeking on behalf of the parties in the action, guidance in scheduling the depositions. The thirty−four deposition notices served upon the dfts without leave of the court are stricken. In light of the nature of this case and given the expedited discovery schedule each side may conduct up to 25 depositions. Pltffs may conduct depositions consistent with this order. As to the merits of the dft's motion to compel Ms. Julianelle to appear in person for her deposition, it is clear that the court may, upon motion, order that a deposition be taken by telephone. The dfts may either collectively contribute to the reasonable cost of producing Ms. Julianelle in this district or she may appear by telephone. The pltffs are reminded that if Ms. Julianelle appears by telephone, such depositions must also comply with Rule 28(b). Given the court's ruling with respect to the thirty−four notices of depositions, the pltffs' letter application seeking guidance in scheduling the depositions is moot. (See Order for further details). (Signed by Judge Arlene R. Lindsay, on 6/10/04). C/F(Coleman, Laurie) Modified on 8/12/2004 (Coleman, Laurie). (Entered: 08/11/2004)

Letter dated 6/7/04 from Neil M. Block to Hon. Arthur D. Spatt re: This firm is counsel to thirteen (13) of the named school district defendants in the above−captioned litigation, including Central Islip Union Free School District. I make this application pursuant to Local Rule 1.4 for permission to withdraw from our representation of Central Islip based on a conflict of interest. (Dachille, Patti) (Entered: 06/26/2004)

Endorsed ORDER re granting 68 Letter Application to withdraw from representation of Central Islip Union Free School District: Request to withdraw as counsel for defendant Central Islip Union Free School district is granted only when the defendant's new counsel has filed a notice of appearance. So Ordered. Signed by Judge Arthur D. Spatt on 6/14/04. d/f. EOD#68.(Dachille, Patti) (Entered: 06/26/2004)

ORDER granting 103 Motion for Leave to Appear Pro Hac Vice − The admitted attorney Georgia E. Yanchar is permitted to argue or try this particular case in whole or in part as counsel for pltffs. (Fee Paid: $25.00, Receipt #013144). (Signed by Judge Arthur D. Spatt on 6/14/04). C/M (Coleman, Laurie) (Entered: 08/11/2004)

AFFIDAVIT OF SERVICE filed by Amityville School District, Hampton Bays School District, Middle Country School District, North Babylon School District, South Country School District − On 5/26/04 a copy of the Order of Judge Spatt, dated 5/24/04, was served by facsimile transmission and by U.S. Postal Service to Jeffrey A. Simes, Esq., Office of the Attorney General, Laurie Pack, Esq., Neil M. Block, Esq., Sanjay Malhotra, Esq. (Coleman, Laurie) (Entered: 06/16/2004)

CERTIFICATE OF SERVICE by M.K., M.W., National Law Center on Homelessness and Poverty, R.I., T.K. − On 3/30/04 a copy of the Motion to file Affidavit Under Seal, Order to Show Cause, a proposed Order, and the Affidavit of R.C. was served upon all counsel listed herein. (Documents did not contain a file stamp date and therefore were stamped as of date of receipt in docketed, 6/16/04).(Coleman, Laurie) (Entered: 06/18/2004)

AMENDED COMPLAINT /(First Amended Class Action Complaint for Declatory and Injunctive Relief) against Amityville School District, Bay Shore Union Free School District, Brentwood School District, Central Islip School District, Copiague Union Free School District, Janet Demarzo, Robert Doar, John Doe, Sheila Evans−Tranumn, Hampton Bays School District, Dan Hickey, Longwood Central School District, Patricia McGuirk, Medford School District, Middle Country School District, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, North Babylon School District, Riverhead School District, South Country School District, South Huntington School District, State of New York, Suffolk County Department of Social Services, William Floyd School District, filed by R.C., C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., T.K..(Coleman, Laurie) (Entered: 06/18/2004)

MOTION to Dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the FRCP. (Motion Filed: 7/19/04, Motion Served: 6/18/04). Filed by Robert Doar, Sheila Evans−Tranumn, Patricia McGuirk, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, State of New York. (Coleman, Laurie) (Entered: 07/20/2004)

AFFIRMATION of Susan M. Connolly on behalf of the "State Dfts" Re: In Support of their 74 MOTION to Dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the FRCP. (Motion Filed: 7/19/04, Motion Served: 6/18/04). Filed by Robert Doar, Sheila Evans−Tranumn, Patricia McGuirk, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, State of New York. (Coleman, Laurie) (Entered: 07/20/2004)

MEMORANDUM OF LAW by C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Opposition to the "State Dfts" 74 MOTION to Dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the FRCP. (Motion Filed: 7/19/04, Motion Served: 6/18/04). (Coleman, Laurie) (Entered: 07/20/2004)

DECLARATION of Jeffrey A. Simes on behalf of C.T., D.M., M.K., M.W., National Law Center on Homelessness and Poverty, R.I., R.C., T.K. Re: In Opposition to the State Dfts' 74 MOTION to Dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the FRCP. (Motion Filed: 7/19/04, Motion Served: 6/18/04). (Coleman, Laurie) (Entered: 07/20/2004)

REPLY MEMORANDUM OF LAW by Robert Doar, Sheila Evans−Tranumn, Patricia McGuirk, Richard P. Mills, New York State Education Department, New York State Office of Temporary and Disability Assistance, State of New York Re: In Further Support of the State Dfts' 74 MOTION to Dismiss the First Amended Complaint pursuant to Rule 12(b)(6) of the FRCP. (Motion Filed: 7/19/04, Motion Served: 6/18/04). (Coleman, Laurie) (Entered: 07/20/2004)

Copy of a Subpoena in a civil case sent to Suffolk County Child Protective and Preventive Services. (Signed by Magistrate Judge Lindsay) (Mierzejewski, Elizabeth) (Entered: 10/20/2004)

LETTER MOTION dated 6/24/04 from Neil Block to Judge Spatt Re: The undersigned represent the Pltffs and eleven of the thirteen School District Dfts. We write to inform the Court that Pltffs and eleven School District Dfts represented by Mr. Block (the "Settling Dfts") have reached an agreement in principle to settle the lawsuit as to the Settling Dfts. The settling Dfts include all of the School District Dfts with the exception of William Floyd and Central Islip. We jointly request that the Court suspend all deadlines in this case as they relate to the School District Defendants, and permit the parties to submit a revised Discovery Plan should the need arise, in order to facilitate settlement. (Coleman, Laurie) (Entered: 06/30/2004)

ENDORSED ORDER on 70 Letter Application − Request to suspend all deadlines GRANTED. Deadlines shall be suspended until 8/20/04. (Signed by Judge Arthur D. Spatt on 6/25/04). EOD #70. C/M(Coleman, Laurie) (Entered: 06/30/2004)

LETTER MOTION dated 6/24/04 from Jeffrey Simes to Judge Lindsay Re: Pltffs requests that the SCDSS dfts be ordered to 1) immediately and completely respond to pltffs' interrogatories, with all objections being deemed waived as untimely; 2) produce all responsive documents immediately; 3) correct and supplement their erroneous and misleading responses to pltffs' documents requests; and 4) pay pltffs' costs and fees on this motion and on any continuations of depositions necessitated by the SCDSS dfts' evasive approach to discovery, and that the Court grant such other relief as it deems appropriate. (Coleman, Laurie) (Entered: 07/07/2004)

ENDORSED ORDER on 71 Letter Application − 1) Consistent with discussions held with this Court the SCDSS is directed to respond to outstanding interrogatory and document requests forthwith; 2) Motion to preclude objections is denied; 3) Motion for costs is denied. (Signed by Judge Arlene R. Lindsay on 6/30/04). EOD #71. C/F.(Coleman, Laurie) (Entered: 07/07/2004)

LETTER dated 7/2/04 from Assistant Attorney General, State of NY to Judges Spatt/Lindsay Re: To request a three−week extension of the discovery schedule imposed by the Court in this case. The parties submit the following schedule: 7/8/04 − Service of opposition to mostion to dismiss; 7/15/04 − Service of reply regarding motion to dismiss; 7/19/04 − Identification of experts with CVs; 8/9/04 − Conclusion of fact discovery; 8/13/04 − Service of expert reports; 8/31/04 − conclusion of expert discovery. (Coleman, Laurie) (Entered: 07/08/2004)

CONSENT TO CHANGE ATTORNEY − It is hereby consented by and between the undersigned that Lewis Johs Avallone Aviles & Kaufman, 425 Broad Hollow Road, Melville, NY 11747, be substituted as attorney of record for dft Central Islip School District in place and stead of Ingerman Smith, LLP. Withdrawing Attorneys: Neil, M. Block, Esq., of Ingerman Smith, LLP; Substituting Attorneys: Robert Cimino, Esq., of Lewis Johs Avallone Aviles & Kaufman. Mr. Cimino is directed to serve a copy of this order on all parties upon receipt. (Signed by Judge Arthur D. Spatt on 7/12/04). C/M(Coleman, Laurie) (Entered: 07/16/2004)

LETTER/FAX dated 7/13/04 from Jeffrey Simes to Judge Lindsay Re: We request a ruling from Your Honor compelling the SCDSS dfts to produce the computer printouts from the Placement Unit, redacted so as not to reveal the names of the individual clients or families, immediately.(Coleman, Laurie) (Entered: 07/23/2004)

ANSWER to 66 Amended Complaint by William Floyd School District.(Coleman, Laurie) (Entered: 08/12/2004)

LETTER MOTION dated 7/13/04 from Jennifer McNamara to Judge Lindsay Re: I write in response to Mr. Simes letter of 7/13/04, regarding a discovery dispute. We request that Your Honor deny counsel's request as unduly burdensome and irrelevent. (Coleman, Laurie) (Entered: 07/23/2004)