Butler et al v. City of New York et al

Filing 95

ORDER: IT IS HEREBY ORDERED that a hearing on Plaintiffs motion for a preliminary injunction will be held on Monday, July 26, 2021 at 11:00 A.M. The hearing will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. IT IS FURTHER ORDERED that Plaintiffs must file a supplemental brief, not to exceed 10 pages, by no later than Wednesday, July 21, 2021 at 5:00 P.M. Defendants' response in opposition, not to exceed 10 pages, is due no later than Thursday, July 22, 2021 at 5:00 P.M. Plaintiffs' reply in support of their motion, not to exceed 5 pages, is due no later than Friday, July 23, 2021 at 5:00 P.M. IT IS FURTHER ORDERED that any person who appears at an y SDNY courthouse must comply with Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry. IT IS FURTHER ORDERED that interested members of the public may attend by dialing 1-888-363-4749, using the access code 3121171 and the security code 3783. All of those accessing the hearing are reminded that recording or rebroadcasting of the proceeding is prohibited by law. And as set forth herein. SO ORDERED., Set Deadlines/Hearing as to ( Replies due by 7/23/2021., Motion Hearing set for 7/26/2021 at 11:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.), ( Replies due by 7/23/2021.) (Signed by Judge Valerie E. Caproni on 7/19/2021) (ama)

Case 1:15-cv-03783-VEC Document 95 Filed 07/19/21 Page 1 of 3
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
UNITED STATES DISTRICT COURT
DATE FILED: 7/19/2021
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 FOR
:
INDEPENDENCE OF THE DISABLED, NEW YORK :
AND COALITION FOR THE HOMELESS,
:
for themselves and on behalf of all others similarly
:
situated,
:
15-CV-3783 (VEC)
Plaintiffs,
:
:
ORDER
-against:
:
:
CITY OF NEW YORK, THE NEW YORK
:
CITY DEPARTMENT OF HOMELESS
:
SERVICES, STEVEN BANKS, as
:
Commissioner of the New York City Department of
:
Homeless Services,
:
Defendants.
:
:
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VALERIE CAPRONI, United States District Judge:
WHEREAS on July 8, 2021, Plaintiffs filed a motion for a temporary restraining order
(“TRO”) and a preliminary injunction and a motion to enforce the Stipulation of Settlement in
this matter, Dkt. 74;
WHEREAS on July 13, 2021, the parties appeared for a hearing on Plaintiffs’ motion;
and
WHEREAS on July 13, 2021, Judge Woods, acting in his capacity as the Part I Judge,
entered a TRO, which is set to expire on Tuesday, July 27, 2021, Dkt. 94;
IT IS HEREBY ORDERED that a hearing on Plaintiffs’ motion for a preliminary
injunction will be held on Monday, July 26, 2021 at 11:00 A.M. The hearing will be held in

Case 1:15-cv-03783-VEC Document 95 Filed 07/19/21 Page 2 of 3

Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square,
New York, New York 10007.
IT IS FURTHER ORDERED that Plaintiffs must file a supplemental brief, not to exceed
10 pages, by no later than Wednesday, July 21, 2021 at 5:00 P.M. The supplemental brief must
include Plaintiffs’ assessment of Defendants’ implementation of the TRO, whether Plaintiffs
object to the conversion of the TRO into a preliminary injunction, and whether they plan to call
witnesses and introduce exhibits at the hearing. If Plaintiffs plan to call witnesses and introduce
exhibits, Plaintiffs must include a witness and exhibit list. Plaintiffs must further attach a
proposed preliminary injunction. The Court reminds Plaintiffs that the proposed preliminary
injunction must comply with the requirements of Rule 65(d) of the Federal Rules of Civil
Procedure, including that it be specific, narrowly tailored, and not reference any other document.
Defendants’ response in opposition, not to exceed 10 pages, is due no later than
Thursday, July 22, 2021 at 5:00 P.M. Defendants must include an assessment of the
implementation of the TRO, provide data about the number of notices provided, the number of
meetings held, and the number of persons to whom provisional and approved reasonable
accommodations have been granted and denied, and attach copies of the provided notice and the
script used by case managers. The brief must further include whether Defendants object to the
conversion of the TRO into a preliminary injunction, any objections to Plaintiffs’ proposed
preliminary injunction, and whether Defendants plan to call witnesses and introduce exhibits at
the hearing. If Defendants plan to call witnesses and introduce exhibits, Defendants must
include a witness and exhibit list.
Plaintiffs’ reply in support of their motion, not to exceed 5 pages, is due no later than
Friday, July 23, 2021 at 5:00 P.M.

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Case 1:15-cv-03783-VEC Document 95 Filed 07/19/21 Page 3 of 3

IT IS FURTHER ORDERED that per the SDNY COVID-19 COURTHOUSE ENTRY
PROGRAM, any person who appears at any SDNY courthouse must complete a questionnaire
and have his or her temperature taken. Please see the enclosed instructions. Completing the
questionnaire ahead of time will save time and effort upon entry. Only those individuals who
meet the entry requirements established by the questionnaire will be permitted entry. Please
contact chambers promptly if you or your client do not meet the requirements.
IT IS FURTHER ORDERED that any person who appears at any SDNY courthouse must
comply with Standing Order M10-468 (21-MC-164), which further pertains to courthouse entry.
IT IS FURTHER ORDERED that interested members of the public may attend by dialing
1-888-363-4749, using the access code 3121171 and the security code 3783. All of those
accessing the hearing are reminded that recording or rebroadcasting of the proceeding is
prohibited by law.

SO ORDERED.
_________________________________
VALERIE CAPRONI
United States District Judge

Date: July 19, 2021
New York, NY

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