HENRIETTA D. v. GIULIANI

Docket Nos. 00-9238, 00-9312.

246 F.3d 176 (2001)

Henrietta D., Nidia S., Simone A., Ezzard S., John R., and Pedro R., on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Rudolph Giuliani, Mayor of the City of New York, Marva Hammons, Administrator of the New York City Human Resources Administration and Commissioner of the New York City Department of Social Services, and Mary E. Glass, Commissioner of the New York State Department of Social Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: April 9, 2001.


Attorney(s) appearing for the Case

SUSAN J. KOHLMANN, Pillsbury Winthrop LLP, New York, NY, (Karen B. Dine and David W. Oakland, Pillsbury Winthrop, LLP; Vickie Neilson, HIV Law Project, New York, NY; and Armen H. Merjian and Virginia Shubert, Housing Works, New York, NY, on the brief), for Plaintiffs-Appellees.

EDWARD F.X. HART, Assistant Corporation Counsel, Office of the Corporation Counsel of the City of New York, New York, NY, (Michael D. Hess, Corporation Counsel, Leonard Koerner, Assistant Corporation Counsel, and Georgia M. Pestana, Assistant Corporation Counsel, on the brief), for Defendants-Appellants Rudolph Giuliani and Marva Hammons.

VINCENT LEONG, Assistant Attorney General, Office of the Attorney General of the State of New York, New York, NY (Eliot Spitzer, Attorney General, Michael S. Belohlavek, Deputy Solicitor General, and Deon Nossel, Assistant Solicitor General, on the brief), for Defendant-Appellant Mary E. Glass.

Before: JACOBS and SOTOMAYOR, Circuit Judges, and BERTELSMAN, District Judge.


JACOBS, Circuit Judge:

This appeal presents a threshold question as to whether we have appellate jurisdiction where the district court (i) found that injunctive relief against the defendants was warranted, (ii) directed the Clerk of the Court to close the case, and (iii) entered a "Judgment," but (iv) declined to order the defendants to do anything, leaving the terms of the injunction for a later determination by a magistrate

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