This website lists the upcoming hearings and court conferences in Elisa W., et al. v. The City of New York, et al. All court proceedings are open to the public unless otherwise noted. This lawsuit has been brought by 19 children in the New York City foster care system, on behalf of all children in foster care in New York City, and the New York City Public Advocate, Letitia James (the "Plaintiffs"). The Plaintiffs filed this class action lawsuit seeking to improve alleged failures of New York City's foster care system.

Our core sectors of expertise are professional services, financial services markets, technology and outsourcing.

Key Documents

Amended Complaint (Filed 12/28/2015)

Recent Filings

City Defendant's Motion for Partial Summary Judgment on Grounds of Mootness (Filed 11/16/2016)
Named Plaintiff Children's Opposition to City Defendant's Motion for Summary Judgment (Filed 12/12/2016)
City Defendant's Reply Memorandum of Law in Support of its Motion for Partial Summary Judgment (Filed 12/19/2016)
Named Plaintiff Children's Sur-Reply in Opposition to City Defendant's Motion for Summary Judgment (Filed 12/29/2016)
Motion in Support of Defendant Poole's Partial Motion to Dismiss the Amended Complaint (Filed 01/26/2017)
Named Plaintiff's Memorandum in Opposition to State Defendant's Motion to Dismiss (Filed 02/13/2017)
Public Advocate's Memorandum in Opposition to State Defendant's Motion to Dismiss (Filed 02/13/2017)
Reply Memorandum in Support of Defendant Poole's Partial Motion to Dismiss (Filed 02/24/2017)
Named Plaintiff Children's Motion to Substitute Next Friend (Filed 03/23/2017)
Notice of City Defendant's Cross-Motion to Dismiss Next Friend (Filed 04/20/2017)
City Defendant's Motion in Opposition to Plaintiff's Motion to Substitute Next Friend and in Support of Cross-Motion to Dismiss Next Friend (Filed 04/20/2017)
City Defendant's Reply Memorandum in Further Support of Its Cross-Motion to Dismiss Next Friend (Filed 06/01/2017)
Memorandum and Order (Filed 09/01/2017)
Memorandum and Order (Filed 09/11/2017)
Order (Filed 11/27/2017)
Order (Filed 02/01/2018)
Recommendation and Report (Filed 02/28/2018)
Order (Filed 03/20/2018)
Memorandum in Support of Plaintiffs' Renewed Motion for Class Certification (Filed 07/30/2019)
City Defendant’s Memorandum of Law in Opposition to Plaintiffs’ Renewed Motion for Class Certification (Filed 08/31/2020)
State Defendant’s Memorandum of Law in Opposition to Plaintiffs’ Renewed Motion for Class Certification (Filed 09/21/2020)
Memorandum of Law in Support of City Defendant’s Daubert Motion (Filed 01/11/2021)
Memorandum of Law in Opposition to City Defendant’s Daubert Motion (Filed 02/23/2021)
City Defendant’s Daubert Reply Memorandum (Filed 03/03/2021)
Reply in Support of Plaintiffs’ Renewed Motion for Class Certification (Filed 04/01/2021)
State Defendant’s Surreply Memorandum of Law in Further Opposition to Plaintiffs’ Renewed Motion for Class Certification (Filed 04/08/2021)
Opinion and Order (Filed 09/03/2021)
Petition for Permission to Appeal Order Denying Class Certification Pursuant to Fed. R. Civ. P. 23(f) (Filed 09/17/2021)
Answer in Opposition to Petition for Permission to Appeal Under Federal Rule of Civil Procedure 23(f) (Filed 10/07/2021)
Memorandum of Law for State Respondent Sheila J. Poole in Opposition to Motion for Leave to Appeal Pursuant to Rule 23(f) (Filed 10/07/2021)
Order Granting Request to Appeal (Filed 01/04/2022)
Brief for Plaintiffs-Appellants (Filed 04/19/2022)
Brief for City of New York (Filed 07/19/2022)
Corrected Page Proof Brief for Appellee Sheila J. Poole (Filed 07/21/2022)
Reply Brief for Plaintiffs-Appellants (Filed 08/09/2022)
Opinion and Order (Filed 09/19/2023)

Key Documents

Amended Complaint (Filed 12/28/2015)

Recent Filings

City Defendant's Motion for Partial Summary Judgment on Grounds of Mootness (Filed 11/16/2016)

Named Plaintiff Children's Opposition to City Defendant's Motion for Summary Judgment (Filed 12/12/2016)

City Defendant's Reply Memorandum of Law in Support of its Motion for Partial Summary Judgment (Filed 12/19/2016)

Named Plaintiff Children's Sur-Reply in Opposition to City Defendant's Motion for Summary Judgment (Filed 12/29/2016)

Motion in Support of Defendant Poole's Partial Motion to Dismiss the Amended Complaint (Filed 01/26/2017)

Named Plaintiff's Memorandum in Opposition to State Defendant's Motion to Dismiss (Filed 02/13/2017)

Public Advocate's Memorandum in Opposition to State Defendant's Motion to Dismiss (Filed 02/13/2017)

Reply Memorandum in Support of Defendant Poole's Partial Motion to Dismiss (Filed 02/24/2017)

Named Plaintiff Children's Motion to Substitute Next Friend (Filed 03/23/2017)

Notice of City Defendant's Cross-Motion to Dismiss Next Friend (Filed 04/20/2017)

City Defendant's Motion in Opposition to Plaintiff's Motion to Substitute Next Friend and in Support of Cross-Motion to Dismiss Next Friend (Filed 04/20/2017)

City Defendant's Reply Memorandum in Further Support of Its Cross-Motion to Dismiss Next Friend (Filed 06/01/2017)

Memorandum and Order (Filed 09/01/2017)

Memorandum and Order (Filed 09/11/2017)

Order (Filed 11/27/2017)

Order (Filed 02/01/2018)

Recommendation and Report (Filed 02/28/2018)

Order (Filed 03/20/2018)

Memorandum in Support of Plaintiffs' Renewed Motion for Class Certification (Filed 07/30/2019)

City Defendant’s Memorandum of Law in Opposition to Plaintiffs’ Renewed Motion for Class Certification (Filed 08/31/2020)

State Defendant’s Memorandum of Law in Opposition to Plaintiffs’ Renewed Motion for Class Certification (Filed 09/21/2020)

Memorandum of Law in Support of City Defendant’s Daubert Motion (Filed 01/11/2021)

Memorandum of Law in Opposition to City Defendant’s Daubert Motion (Filed 02/23/2021)

City Defendant’s Daubert Reply Memorandum (Filed 03/03/2021)

Reply in Support of Plaintiffs’ Renewed Motion for Class Certification (Filed 04/01/2021)

State Defendant’s Surreply Memorandum of Law in Further Opposition to Plaintiffs’ Renewed Motion for Class Certification (Filed 04/08/2021)

Opinion and Order (Filed 09/03/2021)

Petition for Permission to Appeal Order Denying Class Certification Pursuant to Fed. R. Civ. P. 23(f) (Filed 09/17/2021)

Answer in Opposition to Petition for Permission to Appeal Under Federal Rule of Civil Procedure 23(f) (Filed 10/07/2021)

Memorandum of Law for State Respondent Sheila J. Poole in Opposition to Motion for Leave to Appeal Pursuant to Rule 23(f) (Filed 10/07/2021)

Order Granting Request to Appeal (Filed 01/04/2022)

Brief for Plaintiffs-Appellants (Filed 04/19/2022)

Brief for City of New York (Filed 07/19/2022)

Corrected Page Proof Brief for Appellee Sheila J. Poole (Filed 07/21/2022)

Reply Brief for Plaintiffs-Appellants (Filed 08/09/2022)

Opinion and Order (Filed 09/19/2023)

​

​