Case: Bondy v. Sullivan

3:90-cv-00223 | U.S. District Court for the Northern District of California

Filed Date: Jan. 22, 1990

Closed Date: 1993

Clearinghouse coding complete

Case Summary

On January 22, 1990, plaintiff Herbert Bondy, a Jew who fled his native Austria in 1938 to avoid Nazi prosecution, filed a class action in the U.S. District Court California Northern District, seeking to prevent the government from including Austrian reparations payments made to victims of Nazi persecution in calculating his eligibility for Supplemental Security Income. Plaintiff was represented by attorneys with the National Senior Citizens Law Center and Legal Assistance to the Elderly Inc.T…

On January 22, 1990, plaintiff Herbert Bondy, a Jew who fled his native Austria in 1938 to avoid Nazi prosecution, filed a class action in the U.S. District Court California Northern District, seeking to prevent the government from including Austrian reparations payments made to victims of Nazi persecution in calculating his eligibility for Supplemental Security Income. Plaintiff was represented by attorneys with the National Senior Citizens Law Center and Legal Assistance to the Elderly Inc.

The District Court (Chief Judge Thelton E. Henderson) granted plaintiff's motion for summary judgment by an order dated November 21, 1990, certified the case as a class action on November 26, 1990, and entered an injunction on January 24, 1991, prohibiting the Secretary of Health and Human Services from including the Austrian reparations payments to victims of Nazi persecution in calculating eligibility for Supplemental Security Income.

Judge Henderson awarded attorneys fees to plaintiff in the amount of $65,756.75. Bondy v. Sullivan, 1991 U.S. Dist. LEXIS 20615 (N.D. Cal. May 13, 1991). A supplemental claim for attorney's fees was settled on April 27, 1993 for $3,500.

Summary Authors

Dan Dalton (11/12/2007)

People


Judge(s)

Henderson, Thelton Eugene (California)

Attorney for Plaintiff

Cranshaw, Cheryl (California)

Deford, Gill (California)

Komlos-Hrobsky, Peter (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Feuer, Michael (California)

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Documents in the Clearinghouse

Document

3:90-cv-00223

Docket (PACER)

Herbert Bondy v. Sec of HHS

April 26, 1993

April 26, 1993

Docket
93

3:90-cv-00223

Opinion

May 13, 1991

May 13, 1991

Order/Opinion

1991 WL 1991

Docket

Last updated March 27, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (No Process) (ld, COURT STAFF) (Entered: 09/14/1990)

Jan. 22, 1990

Jan. 22, 1990

2

ANSWER by defendant HHS (ld, COURT STAFF) (Entered: 09/14/1990)

March 23, 1990

March 23, 1990

10

ORDER by Judge Thelton E. Henderson ; removing case from standing order for procedure in Social Security cases and setting Status conference 7/9/90 @ 1:30PM (cc: all counsel) (ld, COURT STAFF) (Entered: 09/14/1990)

May 3, 1990

May 3, 1990

12

ORDER (cc: all counsel) reassigning case to Judge Henderson (ld, COURT STAFF) (Entered: 09/14/1990)

June 21, 1990

June 21, 1990

14

MOTION by defendant HHS for judgment on the pleadings before Judge Thelton E. Henderson with Notice set for 9/17/90 @ 10AM (ld, COURT STAFF) (Entered: 09/14/1990)

July 5, 1990

July 5, 1990

RECEIVED Order re: [14-1] (ld, COURT STAFF) (Entered: 09/14/1990)

July 11, 1990

July 11, 1990

18

STATUS CONFERENCE STATEMENT by plaintiff Herbert Bondy (ld, COURT STAFF) (Entered: 09/14/1990)

July 23, 1990

July 23, 1990

19

STIPULATION and ORDER by Judge Thelton E. Henderson : setting hearing on motion for judgment on the pleadings before Judge Thelton E. Henderson [14-1] 10:00 9/17/90; plaintiff's response by 8/20/90, defendant's reply by 9/4/90 (cc: all counsel) (ld, COURT STAFF) (Entered: 09/14/1990)

July 25, 1990

July 25, 1990

20

Amicus Curiae's MOTION for application to appear and file response to deft's motion (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 9, 1990

Aug. 9, 1990

21

ORDER by Judge Thelton E. Henderson granting motion for application to appear and file response to deft's motion [20-1] (cc: all counsel) (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 13, 1990

Aug. 13, 1990

22

ORDER by Judge Thelton E. Henderson setting hearing on motion for judgment on the pleadings before Judge Thelton E. Henderson [14-1] 10:00 10/22/90; briefing schedule amended: 9/27/90 brief of amicus due; Plaintiff's response to defendant's motion due 9/27/90; 10/9/90 defendant's reply due; defendant's reply to plaintiff's response due 10/9/90 (cc: all counsel) (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 13, 1990

Aug. 13, 1990

23

RESPONSE by defendant HHS to amicus request to appear (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 14, 1990

Aug. 14, 1990

25

MOTION by plaintiff Herbert Bondy to compel with Notice set for 9/14/90 @ 10AM (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 16, 1990

Aug. 16, 1990

26

MEMORANDUM by defendant HHS in support of motion to compel [25-1] (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 16, 1990

Aug. 16, 1990

24

MOTION by plaintiff Herbert Bondy to shorten time on motion to compel [25-1] (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 17, 1990

Aug. 17, 1990

27

REPLY by defendant HHS re [25-1] (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 31, 1990

Aug. 31, 1990

28

DECLARATION of George Stoll re reply [27-1] (ld, COURT STAFF) (Entered: 09/14/1990)

Aug. 31, 1990

Aug. 31, 1990

29

DECLARATION of Jean Hall Hinckley (ld, COURT STAFF) (Entered: 09/14/1990)

Sept. 4, 1990

Sept. 4, 1990

30

MOTION by defendant HHS to extend time for class certification with Notice set for 10/22/90 @ 10AM (ld, COURT STAFF) (Entered: 09/14/1990)

Sept. 7, 1990

Sept. 7, 1990

31

MEMORANDUM by defendant HHS in support of motion to extend time for class certification [30-1] (ld, COURT STAFF) (Entered: 09/14/1990)

Sept. 7, 1990

Sept. 7, 1990

RECEIVED Order re: [30-1] (ld, COURT STAFF) (Entered: 09/14/1990)

Sept. 7, 1990

Sept. 7, 1990

33

DECLARATION by plaintiff Herbert Bondy in support of award of attorneys fees (as, COURT STAFF) (Entered: 09/21/1990)

Sept. 19, 1990

Sept. 19, 1990

34

MOTION by plaintiff Herbert Bondy to certify with Notice set for 10/22/90 @ 10am (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990

Sept. 21, 1990

35

MEMORANDUM by plaintiff Herbert Bondy in support of motion to certify [34-1] (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990

Sept. 21, 1990

36

MOTION by plaintiff Herbert Bondy for summary judgment with Notice set for 10/22/90 @ 10:00 (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990

Sept. 21, 1990

37

MEMORANDUM by plaintiff Herbert Bondy in support of motion for summary judgment [36-1] (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990

Sept. 21, 1990

38

APPENDIX of memorandum of points and authorities filed by plaintiff Herbert Bondy re motion for summary judgment [36-1] (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990

Sept. 21, 1990

RECEIVED Proposed order submitted by plaintiff Herbert Bondy re: [36-1] (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990

Sept. 21, 1990

RECEIVED proposed order submitted by plaintiff Herbert Bondy re: [34-1] (as, COURT STAFF) (Entered: 09/24/1990)

Sept. 21, 1990

Sept. 21, 1990

39

APPLICATION of Jewish Congress for leave to file amicus curiae brief (as, COURT STAFF) (Entered: 09/28/1990)

Sept. 27, 1990

Sept. 27, 1990

40

MEMORANDUM in support of application [39-1] (as, COURT STAFF) (Entered: 09/28/1990)

Sept. 27, 1990

Sept. 27, 1990

41

DECLARATION re Austrian and German Law re application [39-1] (as, COURT STAFF) (Entered: 09/28/1990)

Sept. 27, 1990

Sept. 27, 1990

42

APPENDIX filed re application [39-1] (as, COURT STAFF) (Entered: 09/28/1990)

Sept. 27, 1990

Sept. 27, 1990

RECEIVED proposed order re: [39-1] (as, COURT STAFF) (Entered: 09/28/1990)

Sept. 27, 1990

Sept. 27, 1990

43

OBJECTIONS by plaintiff Herbert Bondy to proposed order re Motion to compel (as, COURT STAFF) (Entered: 10/03/1990)

Oct. 2, 1990

Oct. 2, 1990

44

OBJECTIONS by defendant HHS to fee award (as, COURT STAFF) (Entered: 10/03/1990)

Oct. 2, 1990

Oct. 2, 1990

45

ORDER by Judge Thelton E. Henderson (cc: all counsel) granting AJC's application to file amicus curiae brief (as, COURT STAFF) (Entered: 10/03/1990)

Oct. 2, 1990

Oct. 2, 1990

46

APPLICATION to extend briefing schedule and reset hearing date by defendant HHS (as, COURT STAFF) (Entered: 10/05/1990)

Oct. 4, 1990

Oct. 4, 1990

47

ORDER by Judge Thelton E. Henderson ; Motion filing ddl for plaintiffs to file reply 10/24/90 defendants to file closing brief 10/17/90 file ; All motions hrg 10/29/90 (cc: all counsel) (as, COURT STAFF) (Entered: 10/11/1990)

Oct. 5, 1990

Oct. 5, 1990

51

ORDER by Magistrate Claudia Wilken Plaintiffs motion to compel denied, court denies alternative motion to deem numeroisty; motion for santions is granted(cc: all counsel) (as, COURT STAFF) (Entered: 10/23/1990)

Oct. 15, 1990

Oct. 15, 1990

48

MEMORANDUM by defendant HHS in opposition motion to certify [34-1] (as, COURT STAFF) (Entered: 10/22/1990)

Oct. 17, 1990

Oct. 17, 1990

49

REPLY by defendant HHS to Memorandum of Amici Curiae Bet Tzedek and American Jewish Congress (as, COURT STAFF) (Entered: 10/22/1990)

Oct. 17, 1990

Oct. 17, 1990

50

MEMORANDUM by defendant HHS in opposition motion for judgment on the pleadings before Judge Thelton E. Henderson [14-1] (as, COURT STAFF) (Entered: 10/22/1990)

Oct. 17, 1990

Oct. 17, 1990

55

ADDENDUM to defendants memorandum in opposition to summary judgment filed by defendant HHS (as, COURT STAFF) (Entered: 10/30/1990)

Oct. 19, 1990

Oct. 19, 1990

52

ORDER by Judge Thelton E. Henderson ; All motions hrg set 11/5/90 (cc: all counsel) (as, COURT STAFF) (Entered: 10/26/1990)

Oct. 22, 1990

Oct. 22, 1990

53

REPLY memorandum by plaintiff Herbert Bondy re [36-1] (as, COURT STAFF) (Entered: 10/29/1990)

Oct. 24, 1990

Oct. 24, 1990

54

REPLY memorandum by plaintiff Herbert Bondy re [34-1] (as, COURT STAFF) (Entered: 10/29/1990)

Oct. 24, 1990

Oct. 24, 1990

56

MOTION by plaintiff Herbert Bondy for reconsideration (as, COURT STAFF) (Entered: 10/30/1990)

Oct. 26, 1990

Oct. 26, 1990

57

MEMORANDUM by plaintiff Herbert Bondy in support of motion for reconsideration [56-1] (as, COURT STAFF) (Entered: 10/30/1990)

Oct. 26, 1990

Oct. 26, 1990

RECEIVED proposed order submitted by plaintiff Herbert Bondy (as, COURT STAFF) (Entered: 10/30/1990)

Oct. 26, 1990

Oct. 26, 1990

58

MINUTES: ( C/R Colleen Stoll) re motion for class certification and motion for jury on the pleadings. (dm, COURT STAFF) (Entered: 11/06/1990)

Nov. 5, 1990

Nov. 5, 1990

59

ORDER by Judge Thelton E. Henderson (cc: all counsel). The Plaintiff's motion for certification of a class should be GRANTED and the defendant's motion to extend time for class certification is DENIED. (dm, COURT STAFF) (Entered: 11/26/1990)

Nov. 21, 1990

Nov. 21, 1990

60

ORDER by Judge Thelton E. Henderson dismissing case (cc: all counsel). The Court denies the defendant's motion for judgment on the pleadings and grants the plaintiff's motion for summary judgment. (dm, COURT STAFF) (Entered: 11/26/1990)

Nov. 21, 1990

Nov. 21, 1990

RECEIVED order granting declaratory and injunctive relief submitted by plaintiff Herbert Bondy (dm, COURT STAFF) (Entered: 12/03/1990)

Nov. 30, 1990

Nov. 30, 1990

62

MOTION for Entry of Declaratory and Injunctive Relief by plaintiff Herbert Bondy with Notice set for 12/31/90. (dm, COURT STAFF) (Entered: 12/03/1990)

Nov. 30, 1990

Nov. 30, 1990

63

MEMORANDUM by plaintiff Herbert Bondy in support of motion [62-1] for entry of delaratory and injuctive relief. (dm, COURT STAFF) (Entered: 12/03/1990)

Nov. 30, 1990

Nov. 30, 1990

64

MOTION by plaintiff Herbert Bondy for declaratory relief , and for injunctive relief with Notice set for 1/14/91 @ 10:00 (dm, COURT STAFF) (Entered: 12/14/1990)

Dec. 13, 1990

Dec. 13, 1990

65

MEMORANDUM by defendant HHS in opposition motion for declaratory relief [64-1], motion for injunctive relief [64-2] (dm, COURT STAFF) (Entered: 01/02/1991)

Dec. 31, 1990

Dec. 31, 1990

RECEIVED proposed order submitted by defendant HHS re:motion for entry of declaratory and injunctive relief [64-1], re: [64-2] (dm, COURT STAFF) (Entered: 01/02/1991)

Dec. 31, 1990

Dec. 31, 1990

66

REPLY MEMORANDUM by plaintiff Herbert Bondy in support of motion for declaratory relief [64-1], of motion for injunctive relief [64-2] (dm, COURT STAFF) (Entered: 01/08/1991)

Jan. 7, 1991

Jan. 7, 1991

67

MINUTES: ( C/R Shelly Martin) that the motion for declaratory relief [64-1] is submitted, that the motion for injunctive relief [64-2] is submitted (dm, COURT STAFF) (Entered: 01/18/1991)

Jan. 15, 1991

Jan. 15, 1991

68

NOTICE OF APPEAL by defendant HHS from Dist. Court decision filed 11/21/91 [60-2] no fee government appeal (dm, COURT STAFF) Modified on 03/14/1991 (Entered: 01/24/1991)

Jan. 22, 1991

Jan. 22, 1991

69

ORDER by Judge Thelton E. Henderson granting motion for declaratory relief [64-1] granting motion for injunctive relief [64-2] granting motion [62-1]. The court amends the judgment of 11/21/90 to include additional reliefs as listed (See file for details). (cc: all counsel) (dm, COURT STAFF) (Entered: 01/28/1991)

Jan. 24, 1991

Jan. 24, 1991

70

TRANSCRIPT DESIGNATION and Ordering Form filed for dates and dates ordered re appeal [68-1] (dm, COURT STAFF) (Entered: 02/04/1991)

Feb. 1, 1991

Feb. 1, 1991

71

PROOF OF SERVICE by defendant HHS of transcript designation form (dm, COURT STAFF) (Entered: 02/04/1991)

Feb. 1, 1991

Feb. 1, 1991

NOTIFICATION by Circuit Court of Appellate Docket Number 91-15125 (dm, COURT STAFF) (Entered: 02/06/1991)

Feb. 5, 1991

Feb. 5, 1991

72

MOTION by plaintiff Herbert Bondy to file a brief in excess of 25 pages (dm, COURT STAFF) (Entered: 03/07/1991)

March 6, 1991

March 6, 1991

73

ORDER by Chief Judge Thelton E. Henderson granting motion to file a brief in excess of 25 pages [72-1] but no more than 35 pages in length (cc: all counsel) (dm, COURT STAFF) (Entered: 03/11/1991)

March 7, 1991

March 7, 1991

74

MOTION by plaintiff Herbert Bondy for attorney fees with Notice set for 4/8/91 @ 10:00 (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991

March 11, 1991

75

MEMORANDUM by plaintiff Herbert Bondy in support of motion for attorney fees [74-1] (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991

March 11, 1991

76

DECLARATION by Gill Deford on behalf of plaintiff Herbert Bondy (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991

March 11, 1991

77

DECLARATION by Tom Weathered on behalf of plaintiff Herbert Bondy (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991

March 11, 1991

78

DECLARATION by Jody L. Hitchcock on behalf of plaintiff Herbert Bondy (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991

March 11, 1991

79

DECLARATION by Richard M. Pearl on behalf of plaintiff Herbert Bondy re motion for attorney fees [74-1] (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991

March 11, 1991

80

PROOF OF SERVICE by plaintiff Herbert Bondy of documents numbered [74-79] (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991

March 11, 1991

81

PROOF OF SERVICE by plaintiff Herbert Bondy of documents numbered [74-79] (dm, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991

March 11, 1991

82

PROOF OF SERVICE by plaintiff Herbert Bondy of order allowing brief in excess of 25 pages (dm, COURT STAFF) (Entered: 03/14/1991)

March 13, 1991

March 13, 1991

88

REPLY MEMORANDUM by plaintiff Herbert Bondy re motion for attorney fees [74-1] (dm, COURT STAFF) (Entered: 04/16/1991)

March 15, 1991

March 15, 1991

83

STATUS REPORT by defendant HHS (dm, COURT STAFF) (Entered: 03/26/1991)

March 25, 1991

March 25, 1991

RECEIVED stipulation to change briefing schedule submitted by defendant HHS (dm, COURT STAFF) (Entered: 03/28/1991)

March 27, 1991

March 27, 1991

84

STIPULATION and ORDER by Chief Judge Thelton E. Henderson : motion for attorney fees [74-1] hearing set for 10:00 4/22/91 (cc: all counsel) (dm, COURT STAFF) (Entered: 04/05/1991)

March 29, 1991

March 29, 1991

85

MEMORANDUM by defendant in opposition motion for attorney fees [74-1] (lc, COURT STAFF) (Entered: 04/11/1991)

April 8, 1991

April 8, 1991

86

DECLARATION by George C. Stoll on behalf of defendant (lc, COURT STAFF) (Entered: 04/11/1991)

April 9, 1991

April 9, 1991

87

RESPONSE by plaintiff Herbert Bondy to status report [83-1]. (gba, COURT STAFF) (Entered: 04/11/1991)

April 10, 1991

April 10, 1991

90

MINUTES: ( C/R Candy Francis) that the motion for attorney fees [74-1] is submitted (dm, COURT STAFF) (Entered: 04/23/1991)

April 22, 1991

April 22, 1991

91

COPY of USCA Order: Voluntarily dismissing the appeal [68-1] (dm, COURT STAFF) (Entered: 04/30/1991)

April 29, 1991

April 29, 1991

92

CLERK'S NOTICE re [91-1] Received certified copy of USCA # 91-15125. Clerk spreading MANDATE cc: all counsel (dm, COURT STAFF) (Entered: 04/30/1991)

April 29, 1991

April 29, 1991

93

ORDER by Chief Judge Thelton E. Henderson granting motion for attorney fees [74-1], the Secretary is to pay Bondy's counsel $65,756.75 within 30 days (cc: all counsel) ( Date Entered 5/13/91) (cb, COURT STAFF) (Entered: 05/13/1991)

May 8, 1991

May 8, 1991

94

SECOND STATUS REPORT by defendant HHS (dm, COURT STAFF) (Entered: 05/29/1991)

May 24, 1991

May 24, 1991

95

RESPONSE by plaintiff Herbert Bondy re status report [94-1] (dm, COURT STAFF) (Entered: 06/10/1991)

June 6, 1991

June 6, 1991

96

THIRD STATUS REPORT by defendant HHS (dm, COURT STAFF) (Entered: 07/25/1991)

July 23, 1991

July 23, 1991

97

RESPONSE by plaintiff Herbert Bondy re third status report [96-1] (dm, COURT STAFF) (Entered: 08/13/1991)

Aug. 12, 1991

Aug. 12, 1991

98

FOURTH STATUS REPORT by defendant HHS (dm, COURT STAFF) (Entered: 09/24/1991)

Sept. 23, 1991

Sept. 23, 1991

99

RESPONSE by plaintiff Herbert Bondy re fourth status report [98-1] (dm, COURT STAFF) (Entered: 10/01/1991)

Sept. 30, 1991

Sept. 30, 1991

100

SATISFACTION of Cost Bill by plaintiff Herbert Bondy (dm, COURT STAFF) (Entered: 10/17/1991)

Oct. 16, 1991

Oct. 16, 1991

101

FIFTH STATUS REPORT by defendant HHS (dm, COURT STAFF) (Entered: 11/27/1991)

Nov. 26, 1991

Nov. 26, 1991

102

RESPONSE by plaintiff Herbert Bondy re fifth status report [101-1] (dm, COURT STAFF) (Entered: 12/17/1991)

Dec. 16, 1991

Dec. 16, 1991

103

NOTICE by defendant of filing secretary's sixth report (ab, COURT STAFF) (Entered: 01/21/1992)

Jan. 17, 1992

Jan. 17, 1992

104

RESPONSE by plaintiff Herbert Bondy re report [101-1] (ab, COURT STAFF) (Entered: 02/04/1992)

Jan. 30, 1992

Jan. 30, 1992

105

Seventh STATUS REPORT by defendant (ab, COURT STAFF) (Entered: 03/20/1992)

March 20, 1992

March 20, 1992

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 22, 1990

Closing Date: 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Jewish victims of Nazi persecution who received Austrian reparations and who subsequently received or were eligible to receive Supplemental Security Income benefits.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Secretary of Health and Human Services (Washington D.C.), Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1991 - 1991

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Immigration/Border:

Asylum - criteria

Asylum - procedure

Refugees