Butler et al v. City of New York et al

Filing 173

ADDENDUM TO THE ORDER OF APPOINTMENT: NOW THEREFORE, IT IS HEREBY ORDERED THAT: 1. The fee schedule in the Order of Appointment (Dkt. No. 68) is replaced with SWA's current fee schedule indicated below: $450 Executive Management II $4 00 Executive Management I $350 Program Manager/Key Professional IV $300 Program Manager/Key Professional III $275 Program Manager/Key Professional II $250 Program Manager/Key Professional I $225 Senior Engineer/Architect/Tech nical Consultant IV $200 Senior Engineer/Architect/Technical Consultant III $175 Senior Engineer/Architect/Technical Consultant II $150 Senior Engineer/Architect/Technical Consultant I $125 Engineer/Architect/Technical Consultant IV $110 Engineer/Architect/Technical Consultant III $100 Engineer/Architect/Technical Consultant II $85 Engineer/Architect/Technical Consultant I Effective immediately, rates for SWA Team members are as follows: Peter A. Stratton $400 Jeff Heitert $300 Theresa D'Andrea $200 Luke Polihrom $125 Noelle Piontek $125 (Signed by Judge Valerie E. Caproni on 2/24/2022) (jca) Transmission to Finance Unit (Cashiers) for processing.

Case 1:15-cv-03783-VEC Document 173 Filed 02/24/22 Page 1SDNY
USDC of 3
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED:
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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SANDRA BUTLER; RICKY GIBSON; O’BRIEN
MORRIS; RICHARD EMMETT; ROSELLE DIAZ;
KEVIN FAISON; SHANIQUA JACKSON; CENTER
ADDENDUM TO THE
ORDER OF APPOINTMENT
FOR INDEPENDENCE OF THE DISABLED, NEW
YORK AND COALITION FOR THE HOMELESS,
Plaintiffs, for
themselves and on behalf of all others similarly situated,

15-CV-3783 (VEC)

-againstCITY OF NEW YORK, THE NEW YORK CITY
DEPARTMENT OF HOMELESS SERVICES and
STEVEN BANKS, as Commissioner of the New York City
Department of Homeless Services,

Defendants.
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WHEREAS the parties in the above action have entered into a settlement agreement soordered on July 7, 2017 (Dkt. No. 55) on the issue of liability;
WHEREAS, pursuant to paragraph 51 of the settlement agreement, the New York City
Department of Homeless Services (“DHS”) is to “identify and take steps to retain an independent
consultant (or consultants) to conduct a phased survey of selected shelters, facilities, or portions
therein of the DHS Shelter System to identify barriers to physical and program access” and “to
identify for each shelter, facility, or portion therein surveyed, specific remediation with cost
estimates,”
WHEREAS, the consultant is also to perform other duties under the settlement agreement;
WHEREAS DHS has identified Steven Winter Associates, Inc. (“Steven Winter
Associates” or “SWA”) as its consultant pursuant to paragraph 51 of the settlement agreement;

Case 1:15-cv-03783-VEC Document 173 Filed 02/24/22 Page 2 of 3

WHEREAS Plaintiffs’ counsel has interviewed Steven Winter Associates, and consents to
DHS’ identification of Steven Winter Associates as DHS’ consultant pursuant to paragraph 51 of
the settlement agreement;
WHEREAS, the parties jointly submitted an order of appointment of Steven Winter
Associates as DHS’ consultant pursuant to paragraph 51 of the settlement agreement, which was
ordered by the Court (Dkt. No. 68); and
WHEREAS, DHS received notice of compensation and payment increase from SWA, and
now seeks Court approval for the proposed increases as required by the Order of Appointment (Dkt.
No. 68) ¶ 2
NOW THEREFORE, IT IS HEREBY ORDERED THAT:
1. The fee schedule in the Order of Appointment (Dkt. No. 68) is replaced with SWA’s current
fee schedule indicated below:
$450 Executive Management II
$400 Executive Management I
$350 Program Manager/Key Professional IV
$300 Program Manager/Key Professional III
$275 Program Manager/Key Professional II
$250 Program Manager/Key Professional I
$225 Senior Engineer/Architect/Technical Consultant IV
$200 Senior Engineer/Architect/Technical Consultant III
$175 Senior Engineer/Architect/Technical Consultant II
$150 Senior Engineer/Architect/Technical Consultant I
$125 Engineer/Architect/Technical Consultant IV
$110 Engineer/Architect/Technical Consultant III
$100 Engineer/Architect/Technical Consultant II
$85 Engineer/Architect/Technical Consultant I
Effective immediately, rates for SWA Team members are as follows:
Peter A. Stratton
Jeff Heitert
Theresa D’Andrea
Luke Polihrom
Noelle Piontek

$400
$300
$200
$125
$125

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Case 1:15-cv-03783-VEC Document 173 Filed 02/24/22 Page 3 of 3

Dated:

New York, New York
__________, 2022

________________________
________________________
_
HON. VALERIE E. CAPRONI
CAPRONI
P
UNITED STATES DISTRICT JUDGE

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