Supreme Court of the State of New York for the County of Bronx
If You Were Held in the New York City Department of Corrections on a Detainer Issued by U.S. Immigration and Customs Enforcement Between April 1, 1997 and December 21, 2012
YOU COULD RECEIVE A SETTLEMENT PAYMENT
This is a court-authorized Notice. This is not a solicitation from a lawyer. You are not being sued.
- There is a Settlement in a class action lawsuit (Onadia v. City of New York, et al.) that alleged New York City violated the law when detaining individuals beyond their scheduled release date based solely on a detainer issued by U.S. Immigration and Customs Enforcement. The City denies it did anything wrong.
- Individuals (also called Class Members) eligible for payment in the Settlement are: anyone who was detained by the New York City Department of Correction beyond the individual’s scheduled release date between April 1, 1997 and December 21, 2012, despite all other conditions for the person’s release being satisfied and based solely on a detainer issued by U.S. Immigration and Customs Enforcement.
- If you are a Class Member, your legal rights are affected whether you act or not.
- Please read this Notice carefully. It explains decisions you must make and actions you must take now.
Summary of Your Legal Rights and Options |
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Submit a Claim Form |
This is the only way to get a Settlement payment (see Question 18). |
Exclude Yourself |
Get no payment from the Settlement but keep your right to sue New York City about the claims in this lawsuit (see Question 20). |
Object |
Tell the Court why you don’t like the Settlement (see Question 23). |
Do Nothing |
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- These rights and options – and the deadlines to exercise them – are explained in this Notice.
- The Court in charge of this case still has to decide whether to approve the Settlement.
- Payments will be made to Class Members with valid claims only after the Court approves the Settlement and any appeals are resolved. If you file a claim, please be patient and check the Settlement website for updates.
Basic Information
- What is this lawsuit about?
The lawsuit claims that the City of New York Department of Correction unlawfully detained individuals beyond their scheduled release date when all other conditions for their release were met based solely on a detainer request issued by U.S. Immigration and Customs Enforcement. The City of New York denies these claims and any wrongdoing.
This Notice is only a summary. More details are provided in the Settlement Agreement available online at www.WebsiteURLHere.com.
- Why should I read this Notice?
The Court authorized the Notice because you have a right to know about a proposed Settlement and your rights and options before the Court decides whether to approve the Settlement. If you are a Class Member, your legal rights are affected whether or not you act.
The Honorable Mitchell J. Danziger of the Supreme Court of the State of New York, County of Bronx is overseeing this case. The lawsuit is known as Onadia v. City of New York, et. al, Index No. 0300/2010. Oscar Onadia, the individual who filed this lawsuit, is known as the “Named Plaintiff” or the “Class Representative.” The City of New York is the “Defendant.”
- Why is this a class action?
In a class action case, one or more people (in this case Class Representative Oscar Onadia) sue on behalf of themselves and all other people who have similar claims. Together, all of these people are “Class Members.” One court collectively resolves all claims that could be brought against the City by all Class Members, except for those people who choose to exclude themselves from the Class (see Question 20).
- Why is there a Settlement?
Both sides agreed to the Settlement. By agreeing to the Settlement, the attorneys representing the Settlement Class (“Class Counsel”) and Defendant’s Counsel (“Defense Counsel”) (collectively “Counsel”) avoid the costs, delay, and uncertainty of trial, and Class Members receive the benefits described in this Notice. The proposed Settlement does not mean that any law was broken or that New York City did anything wrong. The parties believe the Settlement is best for everyone affected.
Who is Included in the Settlement
- Who is included in the Settlement?
The Settlement Agreement defines the Settlement Class as all people who were detained by the New York City Department of Correction beyond the individual’s scheduled release date between April 1, 1997 and December 21, 2012 (the “Class Period”), despite all other conditions for the person’s release being satisfied and based solely on a detainer issued by U.S. Immigration and Customs Enforcement.
An “Immigration Detainer” or “ICE Detainer” is a request made by U.S. Immigrations and Customs Enforcement to a law enforcement agency to detain an individual for 48 hours, excluding weekends and holidays, beyond the time when he or she would otherwise be released from criminal custody, to provide ICE extra time to assume physical custody of the person and investigate his or her immigration status.
- How long did I have to be Overdetained to be considered?
You were Overdetained if you were discharged from DOC custody one or more days after all conditions of your release had been satisfied.
- What if I’m still not sure I am included?
If you are still not sure whether you are a Class Member, or you have other questions about the Settlement, contact the Administrator:
Website: www.WebsiteURLHere.com
Email: [email protected]
Telephone: 1-8XX-XXX-XXXX
Mail:
c/o Atticus Administration
PO Box 64053
St. Paul, MN 55164
Settlement Benefits – What You Can Get
- What does the Settlement provide?
If the Settlement is approved by the Court and becomes final, it will provide payments to Class Members who submit timely and valid claims. The City of New York will pay up to $92.5 million to a Class Fund that will be used to pay Class Members awards, a $25,000 service award to the Class Representative, Administrative Costs, and Class Counsel’s attorneys’ fees and costs.
The Settlement Agreement, available at www.WebsiteURLHere.com, has more information.
- What can I get from the Settlement?
You will receive a payment if you fit the definition of a Class Member (see Question 5), you submit a valid Claim Form (see Question 18), and the Court approves the Settlement and it becomes final.
- How will my payment be calculated?
Payments are based on the number of days of Overdetention of those Class Members who submit valid claims. Payments cannot be calculated until after the Claim Form Deadline has passed.
final approval by the Court, payments will be determined in accordance with the Settlement Agreement. From the Distribution Amount, each Class Member with a valid claim will be allocated $100 for each day over sixty (60) days of Overdetainment. The Distribution Amount will be reduced by the sum of these allocations and the “Remainder Amount” will be allocated using a point system detailed in the Settlement Agreement available at www.WebsiteURLHere.com.
Points will be assigned as follows:
For each day of Overdetention between 1 and 30 days:
- 50 points if your scheduled release date was between February 1, 2007 and December 12, 2012
- 25 points if your scheduled release date was between April 1, 1997 and January 31, 2007
For each day of Overdetention between 31 and 60 days:
- 20 points if your scheduled release date was between February 1, 2007 and December 12, 2012
- 10 points if your scheduled release date was between April 1, 1997 and January 31, 2007
The Remainder Amount will be divided by the total amount of allocated points to establish a Per Point Amount. Each Class Member with a valid claim will receive a portion of the Remainder Amount equal to their individually allocated points multiplied by the Per Point Amount.
The maximum Per Point Amount permitted by the terms of the Settlement is $250. If the calculated Per Point Amount is greater than $250, the number of days claimed will be compared to the Total Days of Overdetention by the Settlement Class. If the number of days claimed is four percent (4%) or less of Total Days available, Class Members who submit valid claims and whose release date was between February 1, 2007 and December 12, 2012 will receive $12,500 per day Overdetained for up to a maximum of 80 days.
- What if I was Overdetained more than one time?
Class Members who were Overdetained more than one time during the Class Period are entitled to payment for each instance of Overdetention. Each instance of Overdetention will be treated as separate and independent claims for purposes of the calculations described in Question 10.
- If I have outstanding liens or claims against me, will they affect my Award Amount?
New York child support liens, docketed parking judgments, and business tax judgments will be deducted from your Award Amount. You will receive Notice of any lien or judgment asserted against you in this case and provided the opportunity to demonstrate that you are not the identified debtor.
The New York State Office of Victim Services (OVS) will be provided the name, date of birth, and last four digits of social security number for Class Members receiving payments of over $10,000 before deduction of any liens so that it can determine if it will seek any remedy pursuant to New York Executive Law § 632-a (the Son of Sam Law).
If you do not have any outstanding liens or docketed judgments, you will receive your full payment. A percentage of your payment may be withheld for required backup withholding if you do not include your SSN or ITIN on your Claim Form. (See Question 14).
- Will my payment affect my government benefits?
There are many different factors that could impact your needs-based government benefits. Please see the Benefits Information Sheet posted on www.WebsiteURLHere.com for more information and options that are available to protect your needs-based government benefits before you receive the payment from the Settlement. If you wish, you can also consult the government agency that handles your benefit.
- What happens if I don’t provide my SSN or ITIN?
You are not required to include your SSN or ITIN on the Claim Form, but your payment will be reported to the Internal Revenue Service (IRS) and you may need to pay income taxes on it. If you do not include your SSN or ITIN on your claim form, the administrator is required by law to withhold 24% of your payment for back-up withholding. To avoid this withholding from your Award Amount, please include your SSN or ITIN on the Claim Form.
- If I submit a claim will my information be shared with ICE?
No. No information that you provide or that the Administrator has for you will be shared with ICE.
- What if the Class Member eligible for payment has died?
If an eligible Class Member is deceased, the duly appointed legal representative or estate administrator is eligible to receive the payment. The representative will need to file a valid claim, provide documentation that the Class Member is deceased (such as a Death Certificate), and provide documentation that a court has appointed them representative or administrator of the estate.
- When will I receive my payment?
Class Members who submit valid claims will receive payments only after the Court grants final approval to the Settlement and any appeals are resolved (See Question 30). The Court has scheduled a Fairness Hearing for Time on Date to consider the Settlement and whether it should be approved. Payments will not be available until after the hearing.
If there are appeals, resolving them can take time. Please be patient and check the Settlement website for updates.
How to Get a Payment
- How can I get a payment?
To qualify for a payment under the Settlement you must complete and submit a Claim Form, so it is received by the Administrator by Initial Claim Form Deadline. You can file a Claim Form online or download a copy of the Claim Form at www.WebsiteURLHere.com. You can also request the Claim Form Packet by calling 1-8XX-XXX-XXXX or emailing [email protected].
Late claims may also be accepted if they are received with good cause shown for submission of a late claim. Late claims may be paid at a later date than timely received claims.
- Can I file a claim if I don’t know how many days I was Overdetained?
Yes. You do not need to know how many days you were Overdetained. You do not need to know the date when you were released. Provide as much information as possible to ensure that the Administrator can verify your eligibility for payment.
Exclude Yourself From the Settlement
If you do not wish to be included in the Settlement Class, you have the right to request to be excluded. Filing a Request for Exclusion allows you to retain the right to sue or continue to sue the City of New York on your own for the same claims addressed in this case. Requesting exclusion is also referred to as “opting out” of the Class.
- How can I get out of the Settlement?
To request exclusion, you must mail a request to the Administrator. The Request for Exclusion must be in writing and include:
- Your name, address, date of birth, and social security number (if any),
- A statement communicating that you elect to be excluded from the Settlement Class, and
- Your signature.
The Request for Exclusion must be sent to the Administrator, so it is received on or before Initial Opt-Out Deadline at:
NYC Detainer Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
The Initial Opt-Out Deadline is subject to a 90-day extension under the terms of the Settlement. Please check the website for updates on the status of the Settlement.
- Can I still get a payment if I request exclusion?
No. If you request exclusion, you are no longer a part of the Settlement Class and will not be eligible for a payment.
- If I don’t exclude myself, can I sue the City of New York for the same thing later?
No. If you do not exclude yourself and the Court approves the proposed Settlement, you will give up or “release” your rights to the claims made in this Settlement.
Object to the Settlement
As a Class Member you have the right to tell the Court that you do not agree with the Settlement or some part of it.
- How can I tell the Court I do not like the Settlement?
If you choose to remain a Class Member, you can object to any part of the proposed Settlement. The Court will consider your views.
To object, you must send a letter stating that you object to Onadia v. City of New York, Index No. 300940/2010. Your objection must be received by the Administrator on or before Initial Objection Deadline at:
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
The Initial Objection Deadline is subject to a 90-day extension under the terms of the Settlement. You may be able submit your claim after the Initial Objection Deadline deadline. Please check the website for updates on the status of the Settlement.
Your written objection must include:
- Your name, address, telephone number, and email address if available,
- The Action Name and docket number: Onadia v. City of New York, et. al, Index No. 300940/2010,
- Your objections and any specific reasons you may have for them,
- An indication of whether the objection(s) are specific to you, a subset of the Class, or the entire Class,
- All grounds for the objection(s) and any legal support you or your counsel have for them,
- Any evidence you wish to introduce in support of your objection(s),
- An indication of whether you intend to speak at the Fairness Hearing, and
- Your signature.
If you are filing an objection through an attorney, the attorney must serve notice of appearance on Class Counsel and Counsel for Defendant (See Question 28) and e-file the notice of appearance using the Court’s NYSCEF system no later than 30 Days Before Hearing.
- What is the difference between an objection and a request for exclusion?
Objecting is telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. If you object, you are still a Class Member and you can submit a Claim Form.
Excluding yourself is telling the Court that you do not want to be part of the Class. You cannot request exclusion and object to the Settlement. If you exclude yourself, you have no basis to object or file a Claim Form because the case no longer affects you.
Remain in the Settlement
- What am I giving up if I stay in the Settlement Class?
If the Settlement becomes final, you will give up your rights to sue the City of New York for the claims resolved by this Settlement. The specific claims being released are described in the Settlement Agreement. You can talk to Class Counsel or your own lawyers if you have any questions about Settlement release.
The Settlement Agreement is available online at www.WebsiteURLHere.com.
- What happens if I don’t do anything?
If you do not file a claim or request exclusion, you will remain a Class Member bound by the terms of the Settlement but will not receive a payment.
The Lawyers Representing You
- Do I have a lawyer in this case?
Yes. The Court has appointed the attorneys at the below law firms to represent you and other Class Members in this lawsuit. These lawyers are known as “Class Counsel,” and you will not be charged for their services. You may hire your own lawyer to represent you, at your own expense, but you are not required to do so.
EMERY CELLI BRINCKERHOFF ABADY WARD & MAAZEL LLP Matthew D. Brinckerhoff Debra L. Greenberger Vasudha Talla 600 Fifth Avenue, 10th Floor New York, NY 10020 (212) 763-5000 |
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BENNO & ASSOCIATES P.C. Ameer Benno 30 Wall Street 8th Floor New York, NY 10005 (212) 227-9300 |
- How will the lawyers be paid?
Class Counsel has not been paid anything to date for the years of work they have done on this case.
Prior to the Fairness Hearing, Class Counsel will seek approval from the Court for attorneys’ fees and costs of no more than 30% of the Class Fund, less Settlement administration costs and the Class Representative’s service award. The City has the right to oppose the application if the amount requested is excessive in light of pertinent case law, and either party may appeal the Court’s award of attorneys’ fees and expenses.
Class Counsel will also ask the Court for a service award of up to $25,000 to be paid to Class Representative Oscar Onadia for his work on behalf of the Class.
The Court’s Fairness Hearing
- When and where will the Court decide whether to approve the Settlement?
The Court will hold a Fairness Hearing, sometimes called a Final Approval Hearing, before the Honorable Mitchell J. Danziger at TIME on DATE in Courtroom # of the Superior Court of the State of New York at Bronx County, located at 851 Grand Concourse, Bronx, NY 10451. The hearing may be moved to another date or time without additional notice, so it is a good idea to check the website for updates.
At the hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider whether to approve Class Counsel’s Attorneys’ fees and costs, and the Class Representative’s Service Award Payment.
If there are objections, the Judge will consider them and hear any Class Members or their personal counsel who filed an objection and an intention to personally appear at the hearing. Class Members are not required to attend the hearing.
After the hearing, the Judge will decide whether to approve the Settlement. We do not know how long the decision will take.
Updates on the status of the hearing and the Court’s determination will be posted at www.WebsiteURLHere.com when available.
- Do I have to attend the hearing?
No. Class Counsel will represent the best interests of the Class at the Fairness Hearing and answer any questions the Court may ask. Any Class Member who submits a timely written objection in compliance with the requirements (See Question 21) may appear at the Fairness Hearing in person or through counsel retained at the Class Member’s expense but are not required to do so.
If you intend to appear at the Fairness Hearing, you must send a letter to the Administrator indicating your intent to appear that includes your name, address, telephone number, email address if available, and your signature. Send your notice of intention to appear to the Administrator so it is received on or before Initial Claim Form Deadline at:
NYC Detainer Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
If you retained counsel at your own expense to appear on your behalf at the Fairness Hearing, such counsel must serve a notice of intent to appear on Class Counsel and Counsel for Defendant and e-file using the Court’s ECF System (https://ecf.nysd.uscourts.gov/) so it is received by 30 Days Before Hearing.
Counsel can be notified at the following addresses:
Class Counsel |
Counsel for Defendant |
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EMERY CELLI BRINCKERHOFF ABADY WARD & MAAZEL LLP Matthew D. Brinckerhoff Debra L. Greenberger Vasudha Talla 600 Fifth Avenue, 10th Floor New York, NY 10020
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BENNO & ASSOCIATES P.C. Ameer Benno 30 Wall Street 8th Floor New York, NY 10005
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CORPORATION COUNSEL CITY OF NEW YORK Chlarens Orsland 100 Church Street New York, NY 10007 |
Get More Information
- How can I get more information?
This Notice is only a summary of the Settlement. More details are in the Settlement Agreement available at www.WebsiteURLHere.com. You may also contact the Administrator’s office at:
Email: [email protected]
Telephone: 1-8XX-XXXX
Mail: NYC Detainment Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
Please DO NOT contact the Court or any city agency with q
LONG FORM NOTICE
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