UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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LAKISHA REYNOLDS, GEORGINA BONILLA,

APRIL SMILEY, LUE GARLICK, ADRIANA

CALABRESE, JENNY CUEVAS, and ELSTON

RICHARDS, on their own behalf and

on behalf of all others similarly

situated, 98 Civ.



Plaintiffs,



-against-

RUDOLPH GIULIANI, as Mayor of the

City of New York; JASON TURNER, as

Commissioner of the City of New York

Human Resources Administration;

BRIAN J. WING, as Commissioner

of the New York State Office of

Temporary and Disability Assistance;

and BARBARA DEBUONO, as Commissioner

of the New York State Department of

Health,



Defendants.

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ORDER TO SHOW CAUSE FOR CLASS CERTIFICATION, PRELIMINARY INJUNCTIVE RELIEF AND A TEMPORARY RESTRAINING ORDER



Upon reading and filing the class action complaint and the declaration of HWAN-HUI HELEN LEE, executed December 15, 1998, the declarations of plaintiffs LAKISHA REYNOLDS, executed December 15, 1998, GEORGINA BONILLA, executed December 8, 1998, APRIL SMILEY, executed December 9, 1998, LUE GARLICK, executed December 14, 1998, ADRIANA CALABRESE, executed December 11, 1998, JENNY CUEVAS, executed December 2, 1998, and ELSTON RICHARDS, executed December 15, 1998, the declarations of STEPHEN JENKINS, executed December 15, 1998, TRACY MORGAN, executed December 15, 1998, ADRIENNE HOLDER, executed December 15, 1998, EVA LANDEO, executed December 15, 1998, NAJIB MEHIRDEL, executed November 27, 1998, RAMONITA PEREZ, executed December 4, 1998, MARIA CORAM, executed December 4, 1998, MICHELLE STEVENS, executed December 9, 1998, and NELLY REYES, executed December 8, 1998, and all the exhibits annexed hereto, as well as all other papers submitted in support, it is hereby

ORDERED that defendants or their representatives Show Cause before this Court at the federal courthouse, 500 Pearl Street, New York, New York, Room , on the day of ____________

199_, at 9:30 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard WHY this Court should not enter an Order:

1) Certifying this action as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure on behalf of a class defined as follows:

All New York City residents who have sought, are seeking, or will seek to apply for food stamps, Medicaid, and/or cash assistance, from City defendants at Job Centers.



2) Issuing a preliminary injunction ordering Defendants to:

a) Refrain from providing plaintiffs and members of the plaintiff class with false and misleading information about the availability of food stamps, Medicaid, and cash assistance;

b) Allow plaintiffs and plaintiff class members to file applications for food Stamps, Medicaid, and cash assistance, including expedited food Stamps and temporary pre-investigation grants, on the first day they visit the Job Center;

c) Refrain from discouraging and deterring plaintiffs and plaintiff class members from filing applications for food stamps, Medicaid, and cash assistance including applications for expedited food stamps and temporary pre-investigation grants;

d) Refrain from pressuring people to withdraw their applications for food stamps, Medicaid, and cash assistance including applications for expedited food stamps and temporary pre-investigation grants;

e) Process all applications for food stamps, Medicaid, and cash assistance including applications for expedited food stamps and temporary pre-investigation grants, within the time-frames required by law;

f) Make eligibility determinations regarding food stamps and Medicaid applications separate from the eligibility determinations regarding cash assistance applications;

g) Send plaintiffs and plaintiff class members timely and adequate written notice of determinations of their eligibility for all benefits they are seeking;

3) Issuing a preliminary injunction ordering City defendants to:

a) Refrain from converting any further Income Support Centers to Job Centers until such time as Defendants demonstrate that the Job Centers do not: (i) provide plaintiffs and members of the plaintiff class with false and misleading information about the availability of food stamps, Medicaid and cash assistance; (ii) prohibit plaintiffs and plaintiff class members to file applications for food stamps, Medicaid, and cash assistance benefits on the first day they visit the Job Center; (iii) discourage and deter plaintiffs and plaintiff class members from filing applications for food stamps, Medicaid and cash assistance including applications for expedited food stamps and temporary pre-investigation grants; (iv) pressure people to withdraw their applications for food stamps, Medicaid and cash assistance, including applications for expedited food stamps and temporary pre-investigation grants; (v) fail to process all applications for food stamps, Medicaid, and cash assistance, including expedited Food Stamps and temporary pre-investigation grants, within the time frames required by law; (vi) fail to make eligibility determinations regarding plaintiffs' food stamps and Medicaid applications separate from the eligibility determinations regarding their cash assistance applications; and (vii) fail to send plaintiffs and plaintiff class members timely and adequate written notices of determinations of their eligibility for any and all benefits applied for.

4) Issuing a preliminary injunction ordering State defendants to:

a) Oversee and supervise City defendants' administration of the Food Stamp, Medicaid, and cash assistance programs to ensure that they do not deter, discourage, or prevent plaintiffs and plaintiff class members from applying for food stamps and Medicaid; and

b) Oversee City defendants' compliance with the preliminary injunction order.

5) Granting such and further relief as this Court deems just and proper.

IT IS HEREBY ORDERED that Defendants are temporarily restrained, pursuant to Fed. R. Civ. P. 65, to:

1) Refrain from converting any further Income Support Centers to Job Centers pending the resolution of plaintiffs' preliminary injunction motion;

2) Expeditiously process the application of:

a)LAKISHA REYNOLDS for food stamps, Medicaid, and cash assistance retroactive to December 8, 1998;

b)GEORGINA BONILLA for food stamps, Medicaid, and cash assistance retroactive to November 16, 1998;

c)APRIL SMILEY for food stamps, Medicaid, and cash assistance retroactive to November 9, 1998;

d)LUE GARLICK for food stamps, Medicaid, and cash assistance retroactive to November 16, 1998;

e)ADRIANA CALABRESE for food stamps, Medicaid, and cash assistance retroactive to October 26, 1998;

f)JENNY CUEVAS for food stamps, Medicaid, and cash assistance retroactive to October 8, 1998; and

g)ELSTON RICHARDS for food stamps, Medicaid, and cash assistance retroactive to November 17, 1998.

3) Provide plaintiffs expedited food stamps and temporary pre-investigative grants within 24 hours, and

IT IS HEREBY ORDERED that personal service of this Order and the papers upon which it is based on the Attorney General of the State of New York and the Corporation Counsel of the City of New York on or before o'clock on the day of December, 1998 shall constitute good and sufficient service and notice of this Order.



DATED: December ,1998

New York, New York



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UNITED STATES DISTRICT JUDGE