Butler et al v. City of New York et al

Filing 193

ADDENDUM TO THE ORDER OF APPOINTMENT: NOW THEREFORE, IT IS HEREBY ORDERED THAT: 1. The rates for SWA Team members in the Addendum to the Order of Appointment (Dkt. No. 173) is replaced with the rates indicated below: Effective January 11, 2024, rat es for SWA Team members are as follows: Peter A. Stratton $450. Jeff Heitert $350. Theresa D'Andrea $250. Noelle Piontek $150. (Signed by Judge Valerie E. Caproni on 11/28/2023) (tg) Transmission to Finance Unit (Cashiers) for processing.

Case 1:15-cv-03783-VEC Document 191-1 Filed 11/28/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------------- x
SANDRA BUTLER; RICKY GIBSON; O’BRIEN
MORRIS; RICHARD EMMETT; ROSELLE DIAZ;
KEVIN FAISON; SHANIQUA JACKSON; CENTER
FOR INDEPENDENCE OF THE DISABLED, NEW
YORK AND COALITION FOR THE HOMELESS,
Plaintiffs, for
themselves and on behalf of all others similarly situated,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 11/28/2023
[PROPOSED] ADDENDUM
TO THE ORDER OF
APPOINTMENT
15-CV-3783 (VEC)(JLC)

-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. (“SWA”) as its consultant
pursuant to paragraph 51 of the settlement agreement;

Case 1:15-cv-03783-VEC Document 191-1 Filed 11/28/23 Page 2 of 2

WHEREAS Plaintiffs’ counsel has interviewed SWA, and consents to DHS’ identification
of SWA as DHS’ consultant pursuant to paragraph 51 of the settlement agreement; and
WHEREAS, the parties jointly submitted an order of appointment of SWA as DHS’
consultant pursuant to paragraph 51 of the settlement agreement, which was ordered by the Court
(Dkt. No. 68); and
WHEREAS, the parties jointly submitted an addendum to the order of appointment of SWA
as DHS’ consultant, after DHS received notice of compensation and payment increase from SWA,
with SWA’s then-current fee schedule with increased rates, pursuant to paragraph 51 of the settlement
agreement, which was ordered by the Court (Dkt. No. 68); and
WHEREAS, DHS again 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 rates for SWA Team members in the Addendum to the Order of Appointment (Dkt. No.
173) is replaced with the rates indicated below:
Effective January 11, 2024, rates for SWA Team members are as follows:
Peter A. Stratton
Jeff Heitert
Theresa D’Andrea
Noelle Piontek
Dated:

$450
$350
$250
$150

New York, New York
_____,_____,
November
28 2023

____________________________
HON. VALERIE E. CAPRONI
UNITED STATES DISTRICT JUDGE

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