VELAZQUEZ v. LEGAL SERVICES CORP.

Nos. 97-CV-182, 01-CV-8371.

349 F.Supp.2d 566 (2004)

Carmen VELAZQUEZ, Wep Workers Together!, Community Service Society of New York, Inc., New York City Coalition to End Lead Poisoning, Centro Independiente de Trabajadores Agricolas, Inc., and Greater New York Labor-Religion Coalition, on behalf of all similarly situated individuals, organizations and their members; namely, individuals and organizations who are, or wish to be, represented by lawyers employed by entities receiving funds from the Legal Services Corporation, and who wish to assert legal claims as members of a class, or to benefit from some other legal advocacy activity proscribed by Pub.L. 104-208; Farmworkers Legal Services of New York, Inc., on behalf of itself, and on behalf of all similarly situated not-for-profit legal services entities; namely, organizations who wish to be eligible to receive funds from the Legal Services Corporation, and who wish to be free to engage in legal advocacy activities that are proscribed by Pub.L. 104-208; Lucy A. Billings, Peggy Earisman, Olive Karen Stamm, Jeanette Zelhof, Elisabeth Benjamin, Jill Ann Boskey, and Lauren Shapiro, on behalf of each, and on behalf of all similarly situated individuals; namely, attorneys employed or formerly employed by entities receiving funds from the Legal Services Corporation who wish to be free to represent indigent individuals in class actions, and to engage in other attorney-client activities that are proscribed by Pub.L. 104-208; and Andrew J. Connick, Councilmember C. Virginia Fields, Councilmember Guillermo Linares, Councilmember Stanley Michels, Councilmember Adam Clayton Powell, IV, Senator Lawrence Seabrook, and Assemblyman Scott M. Stringer, on behalf of themselves and all similarly situated individuals; namely, individuals who have provided public or private non-federal funding to entities that also receive funds from the Legal Services Corporation, and who wish these funds to be used for legal advocacy activities that are proscribed by Pub.L. 104-208, Plaintiffs, v. LEGAL SERVICES CORPORATION, Defendant. David F. Dobbins, New York Foundation, Lisa E. Cleary, David W. Ichel, David G. Keyko, MFY Legal Services, Inc., Brooklyn Legal Service Corp. B, Legal Services for New York City, Bronx Legal Services, Inc, on their own behalf and on behalf of their clients, Plaintiffs, v. Legal Services Corporation, Defendant.

United States District Court, E.D. New York.

December 20, 2004.


Attorney(s) appearing for the Case

The Brennan Center for Justice, by Burt Neuborne, Esq., David S. Udell, Esq., Laura Abel, Esq., Craig Siegel, Esq., Kaye, Scholer, Fierman, Hays & Handler, LLP, by Peter M. Fishbein, Esq., Michael F. Bahler, Esq., New York, NY, for Plaintiffs.

Kronish, Lieb, Weiner & Hellman LLP, by Stephen L. Ascher, Esq., Alan Levine, Esq., Rachel Gordon Licten, Esq., Anne Nacinovich, Esq., New York, NY, for Defendant Legal Services Corporation.

United States Department of Justice, Civil Division, by Joseph W. Lobue, Esq., John Tyler, Esq., Washington, DC, for Intervenor-Defendant United States of America.


MEMORANDUM & ORDER

BLOCK, District Judge.

TABLE OF CONTENTS

INTRODUCTION.................................................................571

BACKGROUND ..................................................................572
   A. Present Procedural Framework...........................................572
   1. Velazquez .............................................................572
   2. Dobbins.......................................

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