W et al v. The City Of New York , et al

Filing 467

MEMO ENDORSEMENT on NOTICE OF MOTION TO SUBSTITUTE MICHAEL B. MUSHLIN AND SHAMARA MILLS AS NEXT FRIENDS: granting 463 Motion for SUBSTITUTE MICHAEL B. MUSHLIN AND SHAMARA MILLS AS NEXT FRIENDS. ENDORSEMENT: The within Motion for the substitution of Ms. Mills as next friend to Brittany W. and for the substitution of Ms. Mushlin as next friend to Mikayla G. and Thierry E. is Granted, and the Clerk of Court is directed to update the caption as set forth above. DE # 463 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/04/2019) (ama)

Case 1:15-cv-05273-LTS-SLC

Docurn(::nt.~46~

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UNITED STATES DISTRICT COURT .
SOUTHERN DISTRICT OF NEW YORK
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ELISA W., et al.,

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Plaintiffs,
15 Civ. 5273 (LTS) (HBP)

-againstTHE CITY OF NEW YORK, et al.,
Defendants.

MEi\J10 ENDORSED

NOTICE OF MOTION TO SUBSTITUTE MICHAEL B. MUSHLIN AND
SHAMARA MILLS AS NEXT FRIENDS
PLEASE TAKE NOTICE that, upon the declarations of Michael B.
Mushlin and Shamara Mills, executed on August 14, 2019 and October 18, 2019
respectively, and the accompanying Memorandum of Law in Support of Named Plaintiff
Children's Motion to Substitute Michael B. Mushlin and Shamara Mills As Next Friends,
Plaintiffs Elisa W.; Alexandria R., by her next friend, Alison Max Rothschild; Thierry E.,
by his next friend, Amy Mulzer; Lucas T., Ximena T., Jose T.C. and Valentina T.C., by
their next friend, Rachel Friedman; Ayanna J., by her next friend, Meyghan McCrea;
Olivia and Ana-Maria R., by their next friend, Dawn Cardi; Xavion M., by his next
friend, Michael B. Mushlin; Dameon C., by his next friend, Reverend Doctor Gwendolyn
Hadley-Hall; Tyrone M., by his next friend, Bishop Lillian Robinson-Wiltshire; Brittney
W., by her next friend, Yusuf El Ashmawy; Mikayla G., by her next friend, Amy Mulzer;
Myls J. and Malik M., by their next friend, Elizabeth Hendrix; and Emmanuel S. and
Matthew V., by their next friend, Samuel D. Perry (collectively, ''Named Plaintiff
Children"), respectfully move this Court before Hon. Laura Taylor Swain at the Daniel
Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY,
Courtroom l 7C for an order pursuant to Fed. R. Civ. P. 17(c) substituting Michael B.

Case 1:15-cv-05273-LTS-SLC Document 463 Filed 11101119 Page 2 of 5

Mushlin for Amy Mulzer and Shamara Mills for Yusuf El Ashmawy as the next friends
for Named Plaintiff Children Mikayla G., Thierry E and Brittney W .. and amending the
caption to read as follows:
"ELISA W., ALEXANDRIA R., by her next friend,
Alison Max Rothschild; THIERRY E., by his next
friend, Michael B. Mushlin; LUCAS T., XIMENA T.,
JOSE T.C. AND VALENTINA T.C., by their next
friend, Rachel Friedman; AYANNA J., by her
next friend, Meyghan McCrea; OLIVIA and
ANA-MARIA R., by their next friend, Dawn
Cardi; XAVION M., by his next friend, Michael
B. Mushlin; DAMEON C., by his next friend,
Reverend Doctor Gwendolyn Hadley-Hall;
TYRONE M., by his next friend, Bishop Lillian
Robinson-Wiltshire; BRITTNEY W., by her next
friend, Shamara Mills; MIKA YLA G.,
by her next friend, Michael B. Mushlin; MYLS J. AND
MALIK M., by their next friend, Elizabeth Hendrix;
and EMMANUEL S. AND MATTHEW V., by their
next friend, Samuel D. Perry, individually and on
behalf of a class of all others similarly situated,

Plaintiffs,
-againstTHE CITY OF NEW YORK; the NEW YORK
CITY ADMINISTRATION FOR CHILDREN'S
SERVICES; DA YID HANSELL, Commissioner
of the New York City Administration for
Children's Services, in his official capacity; the
STATE OF NEW YORK; the NEW YORK
STATE OFFICE OF CHILDREN AND FAMILY
SERVICES; and SHEILA J. POOLE, Acting
Commissioner of the New York State Office of
Children and Family Services, in her official
capacity,
Defendants."

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Case 1:15-cv-05273-LTS-SLC Document 463 Filed 11/01/19

3 of 5

The City Defendant has consented to the substitution of Ms. Mills as
Brittney W. 's next friend; the State Defendant takes no position. Both the State and City
Defendants take no position as to the substitution of Mr. Mushlin as Mikayla G.'s and
Thierry E.'s next friend. Named Plaintiff Children respectfully request that the Court
grant this motion.

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SO ORDERED:

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DlSTR:CT JUDGE

Case 1:15-cv-05273-LTS-SLC Document 463 Filed 11/01/19 Page 4 of 5

New York, NY
November 1, 2019
Respectfully submitted,

by

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Marcia Robinson Lowr
Sarah W. Jaffe

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A Better Childhood, Inc.
355 Lexington Avenue, Floor 16
New York, NY 10017
[phone]
[e-mail]
[e-mail]

Julie A. North
Gregg A. Fish
Max A. Winograd
Amanda S. Coleman
Colleen M. Schmalberger

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Worldwide Plaza
825 Eighth A venue
New York, NY 10019
[phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Plaintiffs Elisa W, Alexandria R., by her
next friend, Alison Max Rothschild; Thierry E., by his
next friend, Amy Mulzer; Lucas T, Ximena T, Jose TC
and Valentina TC, by their next friend, Rachel
Friedman; Ayanna J, by her next friend, Meyghan
McCrea; Olivia and Ana-Maria R., by their next friend,
Dawn Cardi; Xavion M, by his next friend, Michael B.
Mush/in; Dameon C, by his next friend, Reverend
Doctor Gwendolyn Hadley-Hall; Tyrone M, by his next
friend, Bishop Lillian Robinson-Wiltshire; Brittney W,
by her next friend, Yusuf El Ashmawy; Mikayla G., by
4

1:

-LTS-SLC

Document 463

11/01/19

5 of 5

her next friend, Amy Mulzer; Myls J. and Malik M, by
their next friend, Elizabeth Hendrix; and Emmanuel S.
and Matthew V., by their next friend, Samuel D. Perry,
individually and on behalf ofa class of all others
similarly situated.

5