Case: Campos v. Kijakazi

1:21-cv-05143 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 15, 2021

Closed Date: Nov. 20, 2023

Clearinghouse coding complete

Case Summary

On September 15, 2020, the plaintiffs filed this putative class action lawsuit in the U.S. District Court for the Eastern District of New York, where it was assigned to Judge Rachel P. Kovner. The plaintiffs, represented by two public interest groups and one private law firm, sued the Acting Commissioner of Social Security on behalf of current and future recipients of Supplemental Security Income who were harmed by a rule change at the Social Security Administration (the administration) during …

On September 15, 2020, the plaintiffs filed this putative class action lawsuit in the U.S. District Court for the Eastern District of New York, where it was assigned to Judge Rachel P. Kovner. The plaintiffs, represented by two public interest groups and one private law firm, sued the Acting Commissioner of Social Security on behalf of current and future recipients of Supplemental Security Income who were harmed by a rule change at the Social Security Administration (the administration) during the COVID-19 pandemic. Due to the pandemic, the administration temporarily closed several offices from March to September 2020 resulting in a workload pause.

During this workload pause, the administration overpaid some individuals, but failed to address these overpayments until the workload pause ended, resulting in larger requests for repayment than typical overpayment notices. By definition, Supplemental Security Income recipients have low-income, are elderly, disabled, or both, making unforeseen financial obligations a significant obstacle.

Consequently, the administration implemented  the "Interim Final Rule" (the Rule), which purportedly implemented a simplified waiver process to ameliorate the burden of these large overpayment notices. The plaintiffs argued that the Rule was arbitrary, capricious, or contrary to law, that the Rule violated the Due Process Clause by depriving the class of property and failing to provide adequate notice, and that the Rule violated the Equal Protection Clause. The plaintiffs sought a writ of mandamus, declaratory and injunctive relief and attorneys’ fees.

The parties filed a joint motion on March 4, 2022, to have the case referred to a magistrate judge for settlement discussions. While settlement negotiations were ongoing, on March 28, 2022, the plaintiffs filed a motion for a preliminary injunction and provisional class certification and the administration filed a motion in opposition. Argument on the preliminary injunction was repeatedly rescheduled due to the progression of settlement discussions until, on October 13, 2022, at the parties' request, the plaintiff's motion for preliminary injunction and provisional class certification was withdrawn without prejudice. On August 4, 2023, plaintiffs filed a motion for certification of settlement class and final approval of class action. The three classes plaintiffs sought certification of included: (1) all individuals with a March through September 2020 Manual Supplemental Security Income (SSI) overpayment; (2) all individuals with an SSI Overpayment debt incurred between March and September identified through automated processes; and (3) all individuals with an SSI Overpayment debt incurred between October 2020 and April 2023. 

The court found that the plaintiffs' proposed classes satisfied the requirements of a class. 

Per the terms of the settlement agreement, the administration agreed to waive, with some limited exceptions, all March through September 2020 Manual SSI overpayments within 18 months of the settlement date without requiring the class members to take specific actions (providing relief to nearly 250,000 individuals). For individuals who already repaid all or part of a waived overpayment to the agency, the amount repaid would be deemed an underpayment. All class members who received an overpayment between October 2020 and April 2023 would receive relief in the form of new administrative guidance and notice sent to each class member (providing relief to nearly 2 million individuals). 

The terms of the settlement agreement included $268,000 in attorneys' fees and $2,702 in costs. The court found the $268,000 in attorneys' fees reasonable but reduced approved costs from $2,702 to $2,202 because $500 of the claimed costs were pro hac vice fees, which attorneys are responsible for and would therefore be unreasonable to ask the administration to pay.

The magistrate judge approved the class certification motion and settlement on November 20, 2023, without requiring a pre-approval fair hearing or notice to absent class members because that process would create significant delay, causing further prejudice to class members whose interests were adequately represented throughout the litigation.  

Though notification of class members is ongoing, the Clearinghouse believes this case is effectively closed.

Summary Authors

Betsy Sheppard (2/5/2022)

Hannah Juge (12/9/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60388097/parties/campos-v-kijakazi/


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Documents in the Clearinghouse

Document
1

1:21-cv-05143

Class Action Complaint

Sept. 15, 2021

Sept. 15, 2021

Complaint
32

1:21-cv-05143

Correspondence

July 15, 2022

July 15, 2022

Correspondence

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60388097/campos-v-kijakazi/

Last updated March 13, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against KILOLO KIJAKAZI, Acting Commissioner of Social Security filing fee $ 402, receipt number ANYEDC-14841679 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by LAQUANA CAMPOS, on behalf of herself and her minor child, K.C.; TOSHA ADAMS; NORMAN MARSH; and BETTI RODNYANSKAYA, individually and on behalf of all persons similarly situated. (Attachments: # 1 Civil Cover Sheet) (Boston, Sheila) (Entered: 09/15/2021)

1 Civil Cover Sheet

View on PACER

Sept. 15, 2021

Sept. 15, 2021

Clearinghouse
2

Proposed Summons. Re 1 Complaint, by K.C.; TOSHA ADAMS; NORMAN MARSH; and BETTI RODNYANSKAYA, individually and on behalf of all persons similarly situated, LAQUANA CAMPOS, on behalf of herself and her minor child (Boston, Sheila) (Entered: 09/15/2021)

Sept. 15, 2021

Sept. 15, 2021

PACER

Case Assigned to Judge Rachel P. Kovner. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

Sept. 15, 2021

Sept. 15, 2021

PACER
3

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
4

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
5

NOTICE of Appearance by Danielle F Tarantolo on behalf of All Plaintiffs (aty to be noticed) (Tarantolo, Danielle) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
6

NOTICE of Appearance by Jessica Grace Ranucci on behalf of All Plaintiffs (aty to be noticed) (Ranucci, Jessica) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
7

NOTICE of Appearance by Elizabeth A. Jois on behalf of All Plaintiffs (aty to be noticed) (Jois, Elizabeth) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER

Case Assigned/Reassigned

Sept. 16, 2021

Sept. 16, 2021

PACER
8

Letter re Joint Request for Consolidated Motion and Briefing Schedule by Tosha Adams, Laquana Campos, Norman Marsh, Betti Rodnyanskaya (Boston, Sheila) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER

The parties' joint request for a consolidated motion at 8 is granted. Per the Court's bundling rule, plaintiffs may serve a consolidated motion on defendant by 10/26/2021 (but the motion shall not be filed on the docket at that time). See Judge Kovner's Individual Rules IV.B. Plaintiffs may serve a response on defendant by 1/11/2022 (but the response shall not be filed on the docket at that time). Defendant may serve a reply on plaintiffs, if any, by 02/10/2022. The parties shall file all the documents associated with the fully-briefed motion with the Court by 02/10/2022. Ordered by Judge Rachel P. Kovner on 10/25/2021. (Andrews, Stephen)

Oct. 25, 2021

Oct. 25, 2021

PACER

Order(Other)

Oct. 25, 2021

Oct. 25, 2021

PACER
9

Letter Regarding Service of Plaintiffs' Consolidated Motion for Preliminary Injunction and Provisional Class Certification by Tosha Adams, Norman Marsh, Betti Rodnyanskaya, Laquana Campos, on behalf of herself and her minor child, K.C. (Boston, Sheila) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
10

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14978213. by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing) (Wong, Carol) (Entered: 10/28/2021)

Oct. 28, 2021

Oct. 28, 2021

PACER

Incorrect Case/Entry Information: The Order Dismissing Case filed on 10/29/2021 was entered on the wrong docket as has been removed. Please disregard. (Lee, Tiffeny)

Oct. 29, 2021

Oct. 29, 2021

PACER

Order(Other)

Oct. 29, 2021

Oct. 29, 2021

PACER

Incorrect Case-Document Information

Oct. 29, 2021

Oct. 29, 2021

PACER
11

First MOTION to Appear Pro Hac Vice Regan Bailey Filing fee $ 150, receipt number ANYEDC-14986475. by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Attachments: # 1 Affidavit) (Bailey, Regan) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

PACER
12

MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14999555. by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Attachments: # 1 Affidavit, # 2 Exhibit) (Lang, Kathryn) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER
13

NOTICE of Appearance by Michelle Marie Spadafore on behalf of Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (aty to be noticed) (Spadafore, Michelle) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER
14

NOTICE of Appearance by Carmela T. Romeo on behalf of Tosha Adams, Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (aty to be noticed) (Romeo, Carmela) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

PACER
15

Consent MOTION to Stay Defendant's time to answer, move, or otherwise respond to the Complaint pending judicial resolution of Plaintiffs' pending consolidated motion for a preliminary injunction and provisional class relief by Kilolo Kijakazi. (Cooper, David) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER

ORDER: The consent motion to stay at 15 is granted. The deadline for defendant to answer, move, or otherwise respond to the complaint is stayed pending the resolution of plaintiffs' consolidated motion for a preliminary injunction and provisional class relief. Ordered by Judge Rachel P. Kovner on 12/1/2021. (Andrews, Stephen)

Dec. 1, 2021

Dec. 1, 2021

PACER

Order on Motion to Stay

Dec. 1, 2021

Dec. 1, 2021

PACER
16

First MOTION for Extension of Time to File Response/Reply Defendant's first motion for an extension of the briefing schedule of Plaintiffs' Motion for a Preliminary Injunction and Provisional Class Relief by Kilolo Kijakazi. (Olds, Dara) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

PACER

ORDER: In light of defendant's current deadline to file an opposition by 1/11/2022, plaintiff is directed to file any opposition to defendant's motion for extension of time at 16 by end of day today, 1/10/2022. Ordered by Judge Rachel P. Kovner on 1/10/2022. (Andrews, Stephen)

Jan. 10, 2022

Jan. 10, 2022

PACER
17

RESPONSE in Opposition re 16 First MOTION for Extension of Time to File Response/Reply Defendant's first motion for an extension of the briefing schedule of Plaintiffs' Motion for a Preliminary Injunction and Provisional Class Relief filed by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Attachments: # 1 Exhibit A) (Boston, Sheila) (Entered: 01/10/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER

Order(Other)

Jan. 10, 2022

Jan. 10, 2022

PACER

Order on Motion for Extension of Time to File Response/Reply

Jan. 11, 2022

Jan. 11, 2022

PACER

ORDER: Defendant's motion for an extension of time at 16 is granted. Defendant shall serve a response by 2/25/2022 (but the motion shall not be filed on the docket at that time). See Judge Kovners Individual Rules IV.B. Plaintiff shall serve a reply, if any, on or before 3/28/2022. The parties shall file with the Court all documents associated with the fully-briefed motion on or before 3/28/2022. Further extensions are unlikely in the absence of consent from both parties. Ordered by Judge Rachel P. Kovner on 1/11/2022. (Andrews, Stephen)

Jan. 11, 2022

Jan. 11, 2022

PACER
18

Letter regarding service of Defendant's opposition to Plaintiffs' Motion for Preliminary Injunction and Class Certification by Kilolo Kijakazi (Olds, Dara) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
19

Joint MOTION for Hearing before a magistrate judge for settlement purposes by Kilolo Kijakazi. (Olds, Dara) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

RECAP

Order Referring Case to Magistrate Judge

March 8, 2022

March 8, 2022

PACER

ORDER REFERRING CASE to Magistrate Judge Vera M. Scanlon. The motion for a hearing before a magistrate judge for settlement purposes at 19 is respectfully referred to Magistrate Judge Scanlon. Ordered by Judge Rachel P. Kovner on 3/8/2022. (Andrews, Stephen)

March 8, 2022

March 8, 2022

PACER

Order on Motion for Hearing

March 9, 2022

March 9, 2022

PACER

ORDER granting joint 19 Motion for Hearing. A Settlement Conference via Zoomgov is set for 4/4/2022 at 11:00 AM before Magistrate Judge Vera M. Scanlon. Counsel and Parties with full settlement authority are required to attend. On or before 3/29/2022, counsel are to email the Parties' ex parte settlement conference letters to Scanlon_Chambers@nyed.uscourts.gov in accordance with this Court's Individual Rules. Connection information will be provided to counsel prior to the appearance. Ordered by Magistrate Judge Vera M. Scanlon on 3/9/2022. (Quinlan, Krista)

March 9, 2022

March 9, 2022

PACER

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 3/17/2022. (Quinlan, Krista)

March 17, 2022

March 17, 2022

PACER

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 3/17/2022. (Quinlan, Krista)

March 17, 2022

March 17, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 17, 2022

March 17, 2022

PACER

ORDER granting 12 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Vera M. Scanlon on 3/17/2022. (Quinlan, Krista)

March 17, 2022

March 17, 2022

PACER
20

NOTICE of Appearance by Carol Wong on behalf of All Plaintiffs (notification declined or already on case) (Wong, Carol) (Entered: 03/18/2022)

March 18, 2022

March 18, 2022

PACER
21

NOTICE of Appearance by Kathryn Lang on behalf of All Plaintiffs (notification declined or already on case) (Lang, Kathryn) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

PACER
22

NOTICE of Appearance by Tyler Jairus Fink on behalf of All Plaintiffs (aty to be noticed) (Fink, Tyler) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
23

MOTION for Preliminary Injunction and Provisional Class Certification by Tosha Adams, Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Boston, Sheila) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

RECAP
24

MEMORANDUM in Support re 23 MOTION for Preliminary Injunction and Provisional Class Certification filed by Tosha Adams, Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Attachments: # 1 Ex. A - Boston Declaration, # 2 Ex. A-01 - 85 Fed. Reg. 15,337, # 3 Ex. A-02 - Provisional Death Counts for COVID-19 - Executive Summary, # 4 Ex. A-03 - Press Release Re Phone Service, # 5 Ex. A-04 - SSA In-Office Appointments Guidance, # 6 Ex. A-05 - SSI Federal Payment Amounts for 2022, # 7 Ex. A-06 - EM-21050 REV, # 8 Ex. A-07 - EM-20014 REV 4, # 9 Ex. A-08 - African Americans - Description of Social Security and SSI Participation and Benefit Levels, # 10 Ex. A-09 - SSA POMS SI 02220.017, # 11 Ex. A-10 - SSA POMS SI 02260.001, # 12 Ex. A-11 - Form SSA-632BK - Request for Waiver of Overpayment Recovery or Change in Repayment Rate, # 13 Ex. A-12 - 86 Fed. Reg. 46,897, # 14 Ex. A-13 - SSA OIG, The Social Security Administrations Field Office Customer Service, # 15 Ex. A-14 - SSA OIG, The Social Security Administration's Processing of Mail and Enumeration Services During the COVID-19 Pandemic, # 16 Ex. A-15 - 85 Fed. Reg. 52,909, # 17 Ex. A-16 - EM-20037 SEN REV, # 18 Ex. A-17 - EM-20037 SEN REV 2, # 19 Ex. A-18 - EM-20037 SEN REV 3, # 20 Ex. A-19 - Mayor DeBlasio Issues New Guidance to New Yorkers, # 21 Ex. A-20 - COVID-19s Socioeconomic Impact on Low-Income Benefit Recipients, # 22 Ex. A-21 - Bay Area Legal Aid Comment Letter, # 23 Ex. A-22 - Empire Justice Center Comment Letter, # 24 Ex. A-23 - Porter & Scanlon Comment Letter, # 25 Ex. A-24 - AARP Comment Letter, # 26 Ex. A-25 - Justice in Aging Comment Letter, # 27 Ex. A-26 - Evans Letter, # 28 Ex. A-27 - Legal Aid Justice Center Comment, # 29 Ex. A-28 - NOSSCR Comment Letter, # 30 Ex. A-29 - DLC Comment Letter, # 31 Ex. A-30 - Fast Facts and Figures About Social Security (2020), # 32 Ex. A-31 - Agency Annual Overpayment Waivers Report (2020), # 33 Ex. B - Declaration of Katherine Means, # 34 Ex. C - Declaration of Amy Marinacci, # 35 Ex. D - Declaration of Yulahlia Hernandez, # 36 Ex. E - Declaration of Peter Grieser, # 37 Ex. F - Declaration of Katharine Vengraitis, # 38 Ex. G - Declaration of Linda Landry, # 39 Ex. H - Declaration of Amy Walters, # 40 Ex. I - Declaration of Rachael Funk, # 41 Ex. I-01 - 2020.09.09 Notice of Planned Action KC, # 42 Ex. I-02 - 2020.10.16 Notice of Change in Payment KC, # 43 Ex. I-03 - 2020.10.27 Notice of Overpayment LC, # 44 Ex. I-04 - 2020.10.29 Notice of Important Information KC, # 45 Ex. I-05 - 2021.03.09 Notice of Overpayment KC, # 46 Ex. I-06 - 2021.03.09 Notice of Overpayment LC, # 47 Ex. I-07 - 2021.05.01 Notice of Important Information LC, # 48 Ex. I-08 - 2021.05.04 Notice of Planned Action LC, # 49 Ex. I-09 - 2021.05.26 Notice of Overpayment LC, # 50 Ex. I-10 - 2021.08.16 Notice of Change in Payment LC, # 51 Ex. I-11 - 2021.08.26 Notice of Overpayment LC, # 52 Ex. I-12 - 2020.11.16 Notice of Planned Action Adams, # 53 Ex. I-13 - 2021.02.04 Notice of Planned Action Marsh, # 54 Ex. I-14 - 2021.10.11 Notice of Change in Payment Marsh, # 55 Ex. I-15 - 2021.02.24 Notice of Overpayment Rodnyanskaya, # 56 Ex. I-16 - 2021.02.24 Notice Of Change In Payment Rodnyanskaya, # 57 Ex. I-17 - 2021.04.03 Notice of Recoupment Rodnyanskaya, # 58 Ex. J - Declaration of Named Plaintiff LaQuana Campos, # 59 Ex. K - Declaration of Named Plaintiff Tosha Adams, # 60 Ex. L - Declaration of Named Plaintiff Norman Marsh, # 61 Ex. M - Declaration of Named Plaintiff Betti Rodnyanskaya, # 62 Ex. M-01 - Declaration of Alex Markhasin Re Rodnyanskaya Translation) (Boston, Sheila) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
25

MEMORANDUM in Opposition re 23 MOTION for Preliminary Injunction and Provisional Class Certification filed by Kilolo Kijakazi. (Cooper, David) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
26

AFFIDAVIT/DECLARATION in Opposition re 23 MOTION for Preliminary Injunction and Provisional Class Certification submitted by Assistant United States Attorney Dara A. Olds filed by Kilolo Kijakazi. (Attachments: # 1 Exhibit 1 (Emergency Message (EM) 20010 SEN (redacted for sensitive information)), # 2 Exhibit 2 (EM 20010 SEN REV (redacted for sensitive information)), # 3 Exhibit 3 (EM 20010 SEN REV 2 (redacted for sensitive information)), # 4 Exhibit 4 (EM 20010 SEN REV 3 (redacted for sensitive information)), # 5 Exhibit 5 (EM 20010 SEN REV 4 (redacted for sensitive information)), # 6 Exhibit 6 (EM 20010 SEN REV 5 (redacted for sensitive information)), # 7 Exhibit 7 (EM 20010 SEN REV 6 (redacted for sensitive information)), # 8 Exhibit 8 (EM 20010 SEN REV 7 (redacted for sensitive information)), # 9 Exhibit 9 (EM 20010 SEN REV 8 (redacted for sensitive information)), # 10 Exhibit 10 (EM 20037 SEN (redacted for sensitive information)), # 11 Exhibit 11 (EM 20037 SEN REV (redacted for sensitive information)), # 12 Exhibit 12 (EM 20037 SEN REV 2 (redacted for sensitive information)), # 13 Exhibit 13 (EM 20037 SEN REV 3 (redacted for sensitive information))) (Cooper, David) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
27

AFFIDAVIT/DECLARATION in Opposition re 23 MOTION for Preliminary Injunction and Provisional Class Certification submitted by Andrea Wilder filed by Kilolo Kijakazi. (Attachments: # 1 Exhibit 1 (Redetermination ("RZ") Summary dated Mar. 19, 2020 (redacted for sensitive information)), # 2 Exhibit 2 (RZ Summary dated Oct. 20, 2020 (redacted for sensitive information)), # 3 Exhibit 3 (Notice of Planned Action dated Oct. 27, 2020 (redacted for sensitive information)), # 4 Exhibit 4 (Notice of Overpayment dated Oct. 27, 2020 (redacted for sensitive information)), # 5 Exhibit 5 (Request for Waiver dated Nov. 30, 2020 (redacted for sensitive information)), # 6 Exhibit 6 (Notice of Change in Payment dated Dec. 1, 2020 (redacted for sensitive information)), # 7 Exhibit 7 (Notice of Overpayment dated Mar. 9, 2021 (redacted for sensitive information)), # 8 Exhibit 8 (RZ Summary dated July 9, 2020 (redacted for sensitive information)), # 9 Exhibit 9 (Notice of Planned Action dated Sept. 9, 2020 (redacted for sensitive information)), # 10 Exhibit 10 (I561 dated Oct. 2, 2020 (redacted for sensitive information)), # 11 Exhibit 11 (Notice of Change in Payment Oct. 16, 2020 (redacted for sensitive information)), # 12 Exhibit 12 (Important Information Notice dated Oct. 29, 2020 (redacted for sensitive information)), # 13 Exhibit 13 (I561 dated Nov. 17, 2020 (redacted for sensitive information)), # 14 Exhibit 14 (Request for Waiver of Overpayment dated Nov. 30, 2020 (redacted for sensitive information)), # 15 Exhibit 15 (Notice of Change in Payment dated Dec. 1, 2020 (redacted for sensitive information)), # 16 Exhibit 16 (Notice of Overpayment dated Mar. 9, 2021 (redacted for sensitive information)), # 17 Exhibit 17 (Notice of Change in Payment Sept. 4, 2021 (redacted for sensitive information)), # 18 Exhibit 18 (Notice of Overpayment dated Nov. 23, 2021 (redacted for sensitive information)), # 19 Exhibit 19 (VIPr Contacts (redacted for sensitive information)), # 20 Exhibit 20 (eAFI Response (redacted for sensitive information)), # 21 Exhibit 21 (GK Payment Notice dated Nov. 16, 2020 (redacted for sensitive information)), # 22 Exhibit 22 (Notice of Overpayment dated Nov. 23, 2020 (redacted for sensitive information)), # 23 Exhibit 23 (Request of Reconsideration Summary dated Dec. 30, 2020 (redacted for sensitive information)), # 24 Exhibit 24 (Notice of Reconsideration dated Dec. 30, 2020 (redacted for sensitive information)), # 25 Exhibit 25 (Request for Waiver of Overpayment dated Dec. 30, 2020 (redacted for sensitive information)), # 26 Exhibit 26 (Personal Conference Appointment Letter dated Dec. 30, 2020 (redacted for sensitive information)), # 27 Exhibit 27 (Notice of Waiver Decision dated Jan. 21, 2021 (redacted for sensitive information)), # 28 Exhibit 28 (Notice of Appointment dated Feb. 16, 2021 (redacted for sensitive information)), # 29 Exhibit 29 (Notice of Appointment dated Mar. 22, 2021 (redacted for sensitive information)), # 30 Exhibit 30 (Notice of Appointment dated Nov. 15, 2021 (redacted for sensitive information)), # 31 Exhibit 31 (Reconsideration Request dated Oct. 22, 2021 (redacted for sensitive information)), # 32 Exhibit 31-A (Reconsideration Request dated Jan. 26, 2022 (redacted for sensitive information)), # 33 Exhibit 32 (Notice of Planned Action dated Feb. 4, 2021 (redacted for sensitive information)), # 34 Exhibit 33 (Billing Statement dated Mar. 8, 2021 (redacted for sensitive information)), # 35 Exhibit 34 (Request for Reconsideration Summary dated Mar. 5, 2021 (redacted for sensitive information)), # 36 Exhibit 35 (Notice of Change in Payment dated Mar. 12, 2021 (redacted for sensitive information)), # 37 Exhibit 36 (Notice of Change in Payment dated Oct. 11, 2021 (redacted for sensitive information)), # 38 Exhibit 37 (DROCs (redacted for sensitive information)), # 39 Exhibit 38 (eAFI Response dated Feb. 16, 2021 (redacted for sensitive information)), # 40 Exhibit 39 (Notice of Change in Payment dated Feb. 24, 2021 (redacted for sensitive information)), # 41 Exhibit 40 (Notice of Overpayment dated Feb. 24, 2021 (redacted for sensitive information)), # 42 Exhibit 41 (SSA-632 dated July 21, 2021 (redacted for sensitive information)), # 43 Exhibit 42 (Proposed Waiver Denial dated Oct. 6, 2021 (redacted for sensitive information)), # 44 Exhibit 43 (Waiver Approval dated Dec. 6, 2021 (redacted for sensitive information)), # 45 Exhibit 44 (Notice of Planned Action dated Nov. 1, 2021 (redacted for sensitive information)), # 46 Exhibit 45 (Withdrawal of Reconsideration dated Jan. 14, 2022 (redacted for sensitive information)), # 47 Exhibit 46 (Notice of Planned Action dated Feb. 7, 2022 (redacted for sensitive information))) (Cooper, David) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
28

AFFIDAVIT/DECLARATION in Opposition re 23 MOTION for Preliminary Injunction and Provisional Class Certification submitted by Samara Richardson filed by Kilolo Kijakazi. (Cooper, David) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
29

REPLY in Support re 23 MOTION for Preliminary Injunction and Provisional Class Certification filed by Tosha Adams, Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya. (Boston, Sheila) (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER

Settlement Conference

April 4, 2022

April 4, 2022

PACER

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Settlement Conference held on 4/4/2022. Regan Bailey, Kathryn Lang and Carmela T. Romeo appearing for Plaintiffs. David Allen Cooper, Dara Olds, Nancy Gonzalez, Jillian Quick, Leah Golshani, Prashant Tamaskar, Catherine Zur, Jeannette Connor, Kodjo Kumi, Lori Lupkin appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Quinlan, Krista)

April 4, 2022

April 4, 2022

PACER

Status Report Order

April 4, 2022

April 4, 2022

PACER

STATUS REPORT ORDER: As discussed during the 4/14/2022 conference, the parties will continue settlement discussions. On or before 4/14/2022, the Parties will file a joint status report letter with an anticipated schedule for proposed dates for a settlement conference. If the letter contains substantive information, the parties may file it under seal. Ordered by Magistrate Judge Vera M. Scanlon on 4/4/2022. (Quinlan, Krista)

April 4, 2022

April 4, 2022

PACER

Status Report Order AND 1 - Terminate Deadlines and Hearings

April 4, 2022

April 4, 2022

PACER
30

Letter (Joint Status Report) by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER

Scheduling Order

April 15, 2022

April 15, 2022

PACER

SCHEDULING ORDER: A Settlement Conference is set for 5/9/2022 at 11:00 AM before Magistrate Judge Vera M. Scanlon. The appearance will be held via ZoomGov and the Court will send counsel connection information. Counsel and Parties with full settlement authority are required to attend. On or before 5/3/2022, counsel are to email the Parties' ex parte settlement conference letters to Scanlon_Chambers@nyed.uscourts.gov in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Vera M. Scanlon on 4/15/2022. (Quinlan, Krista)

April 15, 2022

April 15, 2022

PACER

Scheduling Order AND 1 - Terminate Deadlines and Hearings

April 15, 2022

April 15, 2022

PACER

Scheduling Order

April 27, 2022

April 27, 2022

PACER

RE-SCHEDULING ORDER: Due to a scheduling conflict, the Settlement Conference set for 5/9/2022 will begin at 11:30 AM (not 11:00 AM) before Magistrate Judge Vera M. Scanlon. The appearance will be held via ZoomGov and the Court will send counsel connection information. Ordered by Magistrate Judge Vera M. Scanlon on 4/27/2022. (Quinlan, Krista)

April 27, 2022

April 27, 2022

PACER

Scheduling Order AND 1 - Terminate Deadlines and Hearings

April 27, 2022

April 27, 2022

PACER

Order

May 5, 2022

May 5, 2022

PACER

SCHEDULING ORDER: A telephonic scheduling conference will be held before Judge Rachel P. Kovner on 5/20/2022 at 1:00 PM. To join the teleconference, the parties are instructed to call (888) 278-0296 and type in the access code 2012636. Ordered by Judge Rachel P. Kovner on 5/5/2022. (Andrews, Stephen)

May 5, 2022

May 5, 2022

PACER

Order(Other)

May 5, 2022

May 5, 2022

PACER

Settlement Conference

May 9, 2022

May 9, 2022

PACER

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Settlement Conference held on 5/9/2022. Regan Bailey, Michelle Spadafore, Kathryn Lang, Jessica Ranucci, Elizabeth Jois, Danielle F Tarantolo and Carmela T. Romeo appearing for Plaintiffs. David Allen Cooper and Dara Olds appearing for Defendants. Defendants' representatives Nancy Gonzalez, Jillian Quick, Leah Golshani, Prashant Tamaskar, Cathy McCarthy and Kodjo Kumi also attending. See separate docket entry for Order issuing from this proceeding. (Dessources, Jose)

May 9, 2022

May 9, 2022

PACER

Order

May 9, 2022

May 9, 2022

PACER

ORDER: Counsel will continue settlement discussions. Defendants' counsel will communicate with Plaintiffs' counsel by 5/16/22. Plaintiffs' counsel will endeavor to respond within the week. Counsel are reminded of their upcoming scheduling conference with the District Judge. If counsel wish to have an additional settlement conference with the Magistrate Judge, they should submit a joint letter to chambers with proposed dates. (Dessources, Jose)

May 9, 2022

May 9, 2022

PACER

Order(Other)

May 9, 2022

May 9, 2022

PACER

Scheduling Conference

May 20, 2022

May 20, 2022

PACER

MINUTE ENTRY AND ORDER: On May 20, 2022, the Court held a scheduling conference. Danielle Tarantolo and Carmela Romeo appeared for plaintiffs. David Cooper and Dara Olds appeared for defendant. The parties indicated that settlement discussions may obviate the need to resolve the preliminary injunction motion. By 6/17/2022, the parties will file a joint status report on those discussions. Oral argument on the preliminary injunction motion is scheduled for 6/30/2022 at 10:00 am in courtroom 4E-N. A dial-in link to the oral argument may be accessed by calling (888) 278-0296 and inputting access code 2012636. Both parties indicated that they do not wish to present evidence regarding the motion at a hearing. Ordered by Judge Rachel P. Kovner on 5/20/2022. (Andrews, Stephen) (Court Reporter Rivka Teich)

May 20, 2022

May 20, 2022

PACER
31

Letter Joint Status Letter by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER

Scheduling Order

June 20, 2022

June 20, 2022

PACER

ORDER: In light of the joint status letter at 31, the oral argument currently scheduled for June 30, 2022 is adjourned sine die. The parties shall provide a joint status report by July 15, 2022. Ordered by Judge Rachel P. Kovner on 6/20/2022. (Andrews, Stephen)

June 20, 2022

June 20, 2022

PACER

Scheduling Order

June 21, 2022

June 21, 2022

PACER
32

Letter (Joint Status Report) by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 07/15/2022)

July 15, 2022

July 15, 2022

Clearinghouse

Order

July 18, 2022

July 18, 2022

PACER

ORDER: The parties shall file a joint status report by August 15, 2022. Ordered by Judge Rachel P. Kovner on 7/18/2022. (Andrews, Stephen)

July 18, 2022

July 18, 2022

PACER

Order(Other)

July 18, 2022

July 18, 2022

PACER
33

Letter (Joint Status Report) by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 08/15/2022)

Aug. 15, 2022

Aug. 15, 2022

RECAP

Order

Aug. 16, 2022

Aug. 16, 2022

PACER

ORDER: The parties shall file a status report by September 12, 2022. If the parties have not reached a disposition by that date, and the preliminary injunction motion remains pending, the Court expects to schedule argument on that motion. Ordered by Judge Rachel P. Kovner on 8/16/2022. (Andrews, Stephen)

Aug. 16, 2022

Aug. 16, 2022

PACER

Order(Other)

Aug. 17, 2022

Aug. 17, 2022

PACER
34

Letter Joint Status Report by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

RECAP

Order

Sept. 13, 2022

Sept. 13, 2022

PACER

ORDER: The Court is in receipt of the parties' joint status report at 34 . The parties may file a final status report on or before October 11, 2022. In the event that the case has not settled by October 11, oral argument will be held on October 14 or October 17 in courtroom 4E-N. The Court will set a more precise time on one of those two dates at a later date, with the time selected in order to minimize disruption of proceedings in an ongoing trial. Adjournments are not likely. Ordered by Judge Rachel P. Kovner on 9/13/2022. (Andrews, Stephen)

Sept. 13, 2022

Sept. 13, 2022

PACER

Order(Other)

Sept. 13, 2022

Sept. 13, 2022

PACER
35

Letter - JOINT STATUS LETTER by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

RECAP

Order

Oct. 12, 2022

Oct. 12, 2022

PACER

ORDER: Plaintiffs filed a motion for a 23 preliminary injunction in this case on 3/28/2022. After granting numerous requests from the parties to refrain from adjudicating the motion, I advised the parties on 9/13 that in the event that the case has not settled by 10/11, oral argument would be held on 10/14 or 10/17. Notwithstanding the parties' status report of 10/11 at 35, the parties have not filed a stipulation of settlement or dismissal, and the motion remains pending. Should plaintiff wish for the court to refrain from adjudicating the motion, plaintiff must withdraw the motion. If the motion is not withdrawn, oral argument will be held on 10/14/2022 at 4:30 p.m. in courtroom 4-E North. Ordered by Judge Rachel P. Kovner on 10/12/2022. (SDC)

Oct. 12, 2022

Oct. 12, 2022

PACER

Order(Other)

Oct. 12, 2022

Oct. 12, 2022

PACER
36

Letter - JOINT STATUS LETTER RE: Withdrawing Plaintiffs Motion for Preliminary Injunction & Provisional Class Certification without prejudice. - by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

RECAP

Order on Motion for Preliminary Injunction

Oct. 13, 2022

Oct. 13, 2022

PACER

ORDER: At the parties' request, plaintiff's motion for preliminary injunction and provisional class certification at 23 is withdrawn without prejudice, and the hearing scheduled for 10/14/2022 at 4:30 p.m. is vacated. On or before 11/14/2022, the parties shall submit a status report apprising the Court of their progress toward settling this matter in accordance with the plan outlined in the joint letter at 36 . Ordered by Judge Rachel P. Kovner on 10/13/2022. (SDC)

Oct. 13, 2022

Oct. 13, 2022

PACER
37

STATUS REPORT Joint Status Report by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

RECAP

Order

Nov. 15, 2022

Nov. 15, 2022

PACER

ORDER: On or before 12/12/2022, the parties shall file either a stipulation of dismissal or a status report apprising the Court of their progress toward settling the matter. Ordered by Judge Rachel P. Kovner on 11/15/2022. (de Carvalho, Simon)

Nov. 15, 2022

Nov. 15, 2022

PACER

Order(Other)

Nov. 15, 2022

Nov. 15, 2022

PACER
38

STATUS REPORT Joint status report by Tosha Adams, Laquana Campos, K.C., Laquana Campos, on behalf of herself and her minor child, K.C., Norman Marsh, Betti Rodnyanskaya (Romeo, Carmela) (Entered: 12/12/2022)

Dec. 12, 2022

Dec. 12, 2022

PACER

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Sept. 15, 2021

Closing Date: Nov. 20, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Supplemental Security Income recipients overpaid by Social Security Administration during COVID-19 pandemic

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Social Security Administration (Washington, District of Columbia), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $270,202

Issues

General:

Government services

Benefit Source:

SSI