Yates v. Buscaglia
Yates v. Buscaglia
Opinion of the Court
MEMORANDUM and ORDER
In this action, plaintiffs seek a declaratory judgment that certain “proration” policies are illegal, prospective and restorative injunctive relief against and compensatory damages due to defendants’ use of prorating or prorationing in connection with defendants’ administration of public assistance benefits under New York’s Social Services Law § 131-a et seq. The scenario presented now by plaintiffs Pace and Yates and until February of this year by plaintiff Jackson, and which plaintiffs assert is common to the class they seek to represent,
Now before me in this suit are three motions: Plaintiffs’ motion for a preliminary injunction and provisional certification of this suit as a class action; defendants’ motions for a protective order and stay of discovery pending resolution of their joint motion to dismiss (scheduled for argument July 28, 1980 at the same time as plaintiffs’ motion for full [not provisional] class certification); and plaintiff’s cross-motion to compel answers to interrogatories. I will discuss these motions in the above order.
Plaintiffs’ motion for injunctive relief, although carefully labeled as one for a preliminary injunction, in reality seeks extremely broad prospective and retrospective relief, including (1) future discontinuation of the prorationing policy at issue herein with respect to all recipients of AFDC in Erie County, (2) future discontinuation of the prorationing of plaintiff Yates’s AFDC grant, and (3) reimbursement of all amounts withheld from the AFDC grants of the adult plaintiffs from the dates of the initial eligibilities of their respective minors to the present, by reason of the prorating policy. This constitutes much of what plaintiffs are requesting as their final relief herein. For reasons to be explained herein, plaintiffs’ request for injunctive relief must be denied except for relief item (2) above.
Plaintiffs’ brief quotes accurately the current summarization of the requirements for preliminary injunctive relief in the Second Circuit. See, e. g., Jackson Dairy, Inc. v. H. P. Hood & Sons, 596 F.2d 70, 72 (2d Cir. 1979): “(a) irreparable harm and (b) either (1) likelihood of success on the merits or (2) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly toward the party requesting the preliminary relief.”
Plaintiffs have at least shown that there is a fair ground for litigation herein and there seems little doubt that the balance of hardships tips in the favor of plaintiffs, all of whom reside in marginal if not straitened economic circumstances and are, or recently were, receiving public assistance. However, except as to request (2), supra, plaintiffs have failed to persuade me that there is “irreparable harm” as that expression is generally used in the context of preliminary injunctive relief.
Plaintiff Yates swears in her affidavit that if the prorating is continued she will be unable to purchase sufficient food and medicine for her infant son. Such inability clearly raises a probability that irreparable harm flows directly from defendants’ continuing refusal to pay to her the benefits to which she claims she is entitled and the allegation is made with sufficient particularity that, although the cited harm might be characterized as de minimus, it nonetheless appears that plaintiff Yates is entitled to preliminary relief ordering defendants to increase her son Danny’s AFDC benefits from $75 to $94 for the months beginning with July 1980.
However, I decline to grant the rest of plaintiffs’ requested injunctive relief. Plaintiffs do not seek any other increase in future benefits; instead they seek payment of benefits for months now ended. Pace and Jackson allege that if they do not receive such payment immediately they will suffer severe harm, particularly resulting from a threatened cut-off of utility service due to outstanding bills; Yates does not allege that any imminent harm is probable as a result of defendants’ alleged past misconduct. The problem is that such harm (which I assume arguendo is itself irreparable) has at best only an attenuated connection with any action by defendants. The immediate cause of any such harm is plaintiffs’ past failure to pay their utility bills. Plaintiffs do not allege that if defendants had made one-person household payments
Plaintiffs also seek prospective injunctive relief on behalf of the proposed class herein, which they further request that I provisionally certify. Plaintiffs have completely failed, and appear to make no serious effort, to show that members of the proposed class will as a group suffer irreparable harm if prospective preliminary relief is not granted. I granted Yates’s motion because its supporting affidavits recite special circumstances, especially medical problems, in some detail; no attempt has been made to do this respecting the prospective class. Plaintiffs have also made no apparent effort to support their motion for provisional class certification and no reason appears why such relief should be granted at this time. Plaintiffs’ motion for full class certification is scheduled for argument late this month.
This leaves for consideration only defendants’ identical motions for a protective order and stay
“ * * *, unless otherwise ordered, no motion for discovery and production of documents under rules 26 through 37 of the Federal Rules of Civil Procedure shall be heard unless moving counsel notifies the court by written affidavit that sincere attempts to resolve the discovery dispute have been made. This statement shall detail the time and place of the parties’ meetings, correspondence or discussions concerning the discovery dispute, and the names of all parties participating therein.”
Plaintiffs’ cross-motion for answers to interrogatories falls squarely within both the letter and spirit of rule 17. Discovery is a matter far more expeditiously and effi-
Although defendants’ motions for a protective order and stay do not fall within the literal terms of Local Rule 17 (not being a motion for but, rather, in opposition to, discovery) there is little practical difference between bringing a motion for a protective order and declining to comply with a request for discovery and forcing the opposing side to move for an order to compel. The reasons for requiring counsel to try to resolve the situation amicably before coming into court are identical. It is therefore my interpretation (admittedly as but one of the three district judges in the Western District of New York) that Local Rule 17 applies equally to defendants’ motions for a protective order and stay. Defendants’ motions must therefore also be denied without prejudice.
For the reasons above stated, it is hereby ORDERED (1) that defendants increase plaintiff Yates’s AFDC payment on behalf of her son Danny Cannon from $75 to $94 per month effective July 1, 1980; (2) that plaintiffs’ motion for a preliminary injunction and provisional certification of this action as a class action is in all respects denied except as above ordered; (3) that defendants’ motions for a protective order and stay are denied without prejudice; and (4) that plaintiffs’ motions to compel answers to interrogatories are denied without prejudice.
. Plaintiffs’ motion for certification of this as a class action is scheduled to be argued before me July 28, 1980.
. This program is known in New York’s Social Services Law and accompanying regulations as Aid to Dependent Children. The Federal name and acronym will be employed herein.
. A “household” as that term is used herein is the basic unit for receipt of AFDC benefits under both federal and New York law. It may be composed of one or more persons. The situation is precisely analogous where there are two or more children instead of the single child employed in my example for the sake of comprehensibility. In all cases' the parent is added to the “household” and the total grant is reduced by the ineligible parent’s proportion.
. These motions are denominated as for a “stay of all proceedings;” however, defendants describe the motions as being under the authority of rule 26, specifically do not object to my entertaining plaintiffs’ motion for class certification and appear to object only to discovery. It will therefore be considered as a motion to stay discovery.
Reference
- Full Case Name
- Deborah YATES, Individually and on behalf of her minor son Danny Cannon Ethyl Jackson, Individually and on behalf of her minor son Gregory Jackson Ruth Pace, Individually and on behalf of her minor grandson Stephon Pace, and on behalf of all others similarly situated v. Fred J. BUSCAGLIA, Individually and in his official capacity as Commissioner of the Erie County Department of Social Services, and Barbara Blum, Individually and in her official capacity as Commissioner of the New York State Department of Social Services
- Status
- Published