| Court: | nysd |
| Docket #: | 1:11-cv-02694 |
| Case Name: | Peoples v. Annucci et al |
| PACER case #: | 378288 |
| Date filed: | 2011-04-18 |
| Date terminated: | 2014-12-15 |
| Date of last filing: | 2014-12-15 |
| Assigned to: | Judge Andrew L. Carter, Jr |
| Referred to: | Magistrate Judge Kevin Nathaniel Fox (Settlement) |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 555 Prisoner: Prison Condition |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Leroy Peoples Plaintiff DIN# 05-A-2620 Attica Correctional Facility P.O. Box 149 Attica, NY 14011 |
Taylor Scott Pendergrass Adam James Hunt Aimee Krause Stewart Alexander A Reinert Christopher T Dunn Daniel Matza-Brown Daniel Erik Mullkoff David John Fioccola Jennifer Kay Brown Kayvan Betteridge Sadeghi Leda A Moloff Philip Louis Desgranges |
| Dewayne Richardson Plaintiff |
Taylor Scott Pendergrass Adam James Hunt Aimee Krause Stewart Alexander A Reinert Daniel Matza-Brown Daniel Erik Mullkoff David John Fioccola Jennifer Kay Brown Kayvan Betteridge Sadeghi Leda A Moloff Philip Louis Desgranges |
| Tonja Fenton Plaintiff |
Taylor Scott Pendergrass Adam James Hunt Aimee Krause Stewart Alexander A Reinert Christopher T Dunn Daniel Matza-Brown Daniel Erik Mullkoff David John Fioccola Jennifer Kay Brown Kayvan Betteridge Sadeghi Leda A Moloff Philip Louis Desgranges |
| Brian Fischer Defendant Commissioner of the New York State Department of Corrections and Community Services TERMINATED: 02/19/2016 |
Jeb Harben |
| Lucien J. LeClaire, Jr. Defendant (Dep. DOC COMM.)Individuallya and Official Capacity TERMINATED: 03/06/2013 |
Jeb Harben |
| Office of Counsel Defendant (DOCS Counsel) TERMINATED: 03/06/2013 |
|
| William Lee Defendant former Superintendent of Green Haven Correctional Facility |
Jeb Harben Rebecca Ann Durden |
| Peter A. Crusco Defendant (Exec. A.D.A.) TERMINATED: 12/01/2011 |
Ryan Glenn Shaffer |
| Eric C. Rosenbaum Defendant (A.D.A.) TERMINATED: 12/01/2011 |
Ryan Glenn Shaffer |
| Richard A. Brown Defendant (Dist. Att.) TERMINATED: 12/01/2011 |
Ryan Glenn Shaffer |
| LJard Defendant (Lieutenant) TERMINATED: 03/06/2013 |
|
| K O' Connor Defendant (Sergeant) TERMINATED: 03/06/2013 |
Jeb Harben |
| Malare Defendant (Correction Officer) TERMINATED: 03/06/2013 |
|
| Curtis Drown Defendant Commissioner's Hearing Officer at Green Haven Correctional Facility, by his Estate |
Rebecca Ann Durden |
| Norman Bezio Defendant former Director of Special Housing and Inmate Discipline |
Jeb Harben Rebecca Ann Durden |
| David Rock Defendant Superintendent of Upstate Correctional Facility |
Jeb Harben Rebecca Ann Durden |
| Karen Bellamy Defendant (Dir. of I.G.P.C.O.R.C.) TERMINATED: 03/06/2013 |
Jeb Harben |
| Lt. Ward Defendant TERMINATED: 03/06/2013 |
Jeb Harben |
| Albert Prack Defendant Director of Special Housing and Inmate Discipline |
Rebecca Ann Durden Jeb Harben |
| William Powers Defendant Superintendent of Albion Correctional Facility |
Rebecca Ann Durden Jeb Harben |
| Sabina Kaplan Defendant Superintendent of Bedford Hills Correctional Facility |
Rebecca Ann Durden Jeb Harben |
| L. Collins Defendant corrections officer at Albion Correctional Facility |
Rebecca Ann Durden Jeb Harben |
| Diane Catalfu Defendant Deputy Superintendent at Albion Correctional Facility |
Rebecca Ann Durden Jeb Harben |
| Ada Perez Defendant Superintendent of Downstate Correctional |
Rebecca Ann Durden Jeb Harben |
| Patrick Griffin Defendant Superintendent of Southport Correctional Facility |
Rebecca Ann Durden Jeb Harben |
| James Cavaleri Defendant Captain at Downstate Correctional Facility |
Rebecca Ann Durden Jeb Harben |
| Anthony Annucci Defendant Acting Commissioner of : the New York State Department of Corrections and Community Supervision |
Rebecca Ann Durden |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-04-18 | 1 | 0 | DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Leroy Peoples.(rdz) (Entered: 04/26/2011) | |||
| 2011-04-18 | 2 | 0 | COMPLAINT against Karen Bellamy, Norman Bezio, Richard A. Brown, Peter A. Crusco, Drown, Brian Fischer, LJard, Lucien J. LeClaire, Jr, William Lee, Malare, K O' Connor, Office of Counsel, D. Rock, Eric C. Rosenbaum. Document filed by Leroy Peoples.(rdz) (Entered: 04/26/2011) | |||
| 2011-05-06 | 3 | 0 | ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Loretta A. Preska on 5/6/2011) (mbe) (Entered: 05/06/2011) | |||
| 2011-05-10 | 4 | 0 | NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (sjo) (Entered: 05/11/2011) | |||
| 2011-05-11 | 6 | 0 | ORDER: The plaintiff is directed to have the Summons and Complaint promptly served on the defendants by filling out and forwarding to the United States Marshals Service the forms to be provided to plaintiff by the Pro Se Office. If service is not made upon the defendants by September 23, 2011, and plaintiff fails to show good cause why such service has not been effected, the Court will dismiss this action. The Pro Se Office at the United States Courthouse, 500 Pearl Street, New York, New York 10007, telephone number (212) 805-0175, may be of assistance in connection with court procedures but cannot give legal advice. (Signed by Judge Shira A. Scheindlin on 5/11/2011) (jpo) (Entered: 05/11/2011) | |||
| 2011-07-12 | 9 | 0 | ORDER. Defendants have indicated to the Court their intent to file a Motion to Dismiss. Defendants are ordered to file their motion by August 15, 2011. If plaintiff wishes to oppose defendants' motion, he must submit opposition papers. As plaintiff is proceeding pro se, it is hereby ORDERED that plaintiff file opposition papers, if any, to defendants' motion by September 15, 2011. All papers must be sent to the Court's Pro Se Office at 500 Pearl Street, Room 230, New York, New York 10007, and must be served upon defendants' counsel. If plaintiff submits opposition papers, defendants' reply will be due by September 29, 2011. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, this Court will decide the motion on the papers submitted by defendants.(Responses due by 9/15/2011, Replies due by 9/29/2011.) (Signed by Judge Shira A. Scheindlin on 7/12/11) (djc) (Entered: 07/13/2011) | |||
| 2011-08-08 | 11 | 0 | Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from LeRoy Peoples received on August 3, 2011. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from LeRoy Peoples mailed on August 8, 2011. (vn) (Entered: 08/08/2011) | |||
| 2011-08-09 | 12 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Ward served on 7/26/2011, answer due 8/16/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd) (Entered: 08/10/2011) | |||
| 2011-08-09 | 13 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Lucien J. LeClaire, Jr served on 7/13/2011, answer due 8/3/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd) (Entered: 08/10/2011) | |||
| 2011-08-09 | 14 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Norman Bezio served on 6/28/2011, answer due 7/19/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd) (Entered: 08/10/2011) | |||
| 2011-08-09 | 15 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. D. Rock served on 6/22/2011, answer due 7/13/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd) (Entered: 08/11/2011) | |||
| 2011-08-09 | 16 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Drown served on 6/23/2011, answer due 7/14/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd) (Entered: 08/11/2011) | |||
| 2011-08-09 | 17 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Brian Fischer served on 6/20/2011, answer due 7/11/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd) (Entered: 08/11/2011) | |||
| 2011-08-09 | 18 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Eric C. Rosenbaum served on 6/20/2011, answer due 7/11/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd) (Entered: 08/11/2011) | |||
| 2011-08-09 | 19 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Richard A. Brown served on 6/20/2011, answer due 7/11/2011. Service was accepted by Lois Raff. Document filed by Leroy Peoples. (cd) (Entered: 08/11/2011) | |||
| 2011-08-09 | 20 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Peter A. Crusco served on 6/20/2011, answer due 7/11/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd) (Entered: 08/11/2011) | |||
| 2011-08-15 | 21 | 0 | MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. Responses due by 9/15/2011(Shaffer, Ryan) (Entered: 08/15/2011) | |||
| 2011-08-15 | 22 | 0 | MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Attachments: # 1 Appendix Lexis Nexis Cases, # 2 Appendix Lexis Nexis Cases)(Shaffer, Ryan) (Entered: 08/15/2011) | |||
| 2011-08-15 | 23 | 0 | DECLARATION of Ryan G. Shaffer in Support re: 21 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Attachments: # 1 Exhibit Complaint Pt 1, # 2 Exhibit Complaint Pt 1)(Shaffer, Ryan) (Entered: 08/15/2011) | |||
| 2011-08-15 | 24 | 0 | NOTICE of pursuant to Local Civil Rule 12.1 re: 21 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Shaffer, Ryan) (Entered: 08/15/2011) | |||
| 2011-08-18 | 25 | 0 | Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from Leroy People received on August 10, 2011. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from Leroy People mailed on August 18, 2011. (Attachments: # 1 Docket Sheet) (vn) (Entered: 08/18/2011) | |||
| 2011-08-25 | 26 | 0 | ORDER: The time for defendants Brian Fischer, Lucien LeClaire, Curtis Drown, Norman Bezio, David Rock, and Richard Ward to answer, move or otherwise respond to the Complaint is hereby extended until October 7, 2011. (Signed by Judge Shira A. Scheindlin on 8/25/2011) (laq) (Entered: 08/25/2011) | |||
| 2011-09-23 | 27 | 0 | NOTICE OF APPEARANCE by Jeb Harben on behalf of Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, D. Rock, Ward (Harben, Jeb) (Entered: 09/23/2011) | |||
| 2011-09-26 | 28 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 9/22/2011 re: Counsel of defendants request that all DOCS defendants that have been served by October 23 be allowed to respond to the Complaint on or before December 2,2011. ENDORSEMENT: Request granted in part and denied in part. DOC defendants served by October 23 have until November 23 to respond to the complaint. No further extensions will be granted. So Ordered. Norman Bezio answer due 11/23/2011; Richard A. Brown answer due 11/23/2011; Peter A. Crusco answer due 11/23/2011; Drown answer due 11/23/2011; Brian Fischer answer due 11/23/2011; LJard answer due 11/23/2011; Lucien J. LeClaire, Jr answer due 11/23/2011; Office of Counsel answer due 11/23/2011; D. Rock answer due 11/23/2011; Eric C. Rosenbaum answer due 11/23/2011; Ward answer due 11/23/2011. (Signed by Judge Shira A. Scheindlin on 9/26/2011) (jfe) (Entered: 09/26/2011) | |||
| 2011-09-27 | 29 | 0 | ORDER: The Clerk of the Court is directed to scan and docket the attached Affirmation in Opposition to Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and provide a hyperlink on the docket. The U.S. Marshals are directed to effect service of process on defendants Karen Bellamy, Malare, K O'Connor, William Lee, and Office of DOCS Counsel as expeditiously as possible. (copy forwarded to the Pro Se Office) (Signed by Judge Shira A. Scheindlin on 9/27/2011) (cd) (Entered: 09/27/2011) | |||
| 2011-09-28 | 30 | 0 | REPLY MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Attachments: # 1 Appendix Lexis Nexis Cases)(Shaffer, Ryan) (Entered: 09/28/2011) | |||
| 2011-09-28 | 31 | 0 | AFFIDAVIT OF SERVICE of Reply Memorandum of Law in Support of Motion to Dismiss served on Leroy Peoples on September 28, 2011. Service was made by MAIL. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Shaffer, Ryan) (Entered: 09/28/2011) | |||
| 2011-11-21 | 32 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 11/21/2011 re: Your Honor previously granted an extension of time to November 23, 2011 for the defendants served by October 23 to respond to the Complaint. Given that I have just completed a week-long trial before Judge Preska that I had hoped would be shorter and less pre-trial intensive, I must respectfully request more time to respond. ENDORSEMENT: Request granted. DOC defendants' time to respond to the Complaint is extended to November 30, 2011. No further extensions will be granted. Norman Bezio answer due 11/30/2011; Richard A. Brown answer due 11/30/2011; Peter A. Crusco answer due 11/30/2011; Drown answer due 11/30/2011; Brian Fischer answer due 11/30/2011; LJard answer due 11/30/2011; Lucien J. LeClaire, Jr answer due 11/30/2011; Office of Counsel answer due 11/30/2011; D. Rock answer due 11/30/2011; Eric C. Rosenbaum answer due 11/30/2011; Ward answer due 11/30/2011. (Signed by Judge Shira A. Scheindlin on 11/21/2011) (lmb) (Entered: 11/22/2011) | |||
| 2011-11-30 | 33 | 0 | MOTION to Dismiss. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, William Lee, K O' Connor, D. Rock, Ward. Responses due by 1/2/2012 Return Date set for 1/16/2012 at 09:00 AM.(Harben, Jeb) (Entered: 11/30/2011) | |||
| 2011-11-30 | 34 | 0 | NOTICE of Local Rule 56.2 Notice re: 33 MOTION to Dismiss.. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, William Lee, K O' Connor, D. Rock, Ward. (Harben, Jeb) (Entered: 11/30/2011) | |||
| 2011-11-30 | 35 | 0 | MEMORANDUM OF LAW in Support re: 33 MOTION to Dismiss.. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, William Lee, K O' Connor, D. Rock, Ward. (Harben, Jeb) (Entered: 11/30/2011) | |||
| 2011-11-30 | 36 | 0 | DECLARATION of Jeb Harben in Support re: 33 MOTION to Dismiss.. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, William Lee, K O' Connor, D. Rock, Ward. (Attachments: # 1 Exhibit A, # 2 Exhibit B - I, # 3 Exhibit J)(Harben, Jeb) (Entered: 11/30/2011) | |||
| 2011-12-01 | 37 | 0 | OPINION AND ORDER re:#101093 21 MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) filed by Peter A. Crusco, Richard A. Brown, Eric C. Rosenbaum. For the foregoing reasons, the Prosecutor Defendants' motion is granted as to all claims and they are hereby dismissed from this lawsuit. The Clerk of the Court is directed to close this motion (Docket No. 21). (Signed by Judge Shira A. Scheindlin on 12/1/2011) (lmb) Modified on 12/7/2011 (jab). (Entered: 12/01/2011) | 2011-12-02 09:38:15 | 3f55bd458a9a03e0397a04ea609d9410c82fcb34 | |
| 2011-12-12 | 38 | 0 | PRO SE MEMORANDUM dated 12/12/2011 re: CHANGE OF ADDRESS for Leroy Peoples. New Address: DIN# 05-A-2620, Attica Correctional Facility, P.O. Box 149, Attica, NY, 14011. (msa) (Entered: 12/16/2011) | |||
| 2012-01-11 | 39 | 0 | RESPONSE in Opposition to 33 MOTION to Dismiss. Document filed by Leroy Peoples. (ft) (Entered: 01/11/2012) | |||
| 2012-01-18 | 41 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 1/17/2012 re: Counsel respectfully request until 1/27/12 to respond plaintiff's opposition. ENDORSEMENT: The defendants' reply brief must be filed by January 27, 2012. (Signed by Judge Shira A. Scheindlin on 1/17/2012) (jfe) (Entered: 01/18/2012) | |||
| 2012-01-27 | 42 | 0 | REPLY MEMORANDUM OF LAW in Support re: 33 MOTION to Dismiss.. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, LJard, Lucien J. LeClaire, Jr, William Lee, K O' Connor, Leroy Peoples. (Harben, Jeb) (Entered: 01/28/2012) | |||
| 2012-02-06 | 43 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Malare. Attempted Service of Summons and Complaint,. Service was attempted on 9/18/11. Document filed by Leroy Peoples. (pl) (Entered: 02/08/2012) | |||
| 2012-02-06 | 44 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. William Lee served on 9/15/2011, answer due 10/6/2011. Service was accepted by Michelle Coiodice- IRC II. Document filed by Leroy Peoples. (ab) (Entered: 02/08/2012) | |||
| 2012-02-06 | 45 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. K O' Connor served on 9/15/2011, answer due 10/6/2011. Service was accepted by Michelle Coiodice- IRC II. Document filed by Leroy Peoples. (ab) (Entered: 02/08/2012) | |||
| 2012-02-16 | 46 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Karen Bellamy served on 9/9/2011, answer due 9/30/2011. Service was accepted by Jeffrey A. Hale Asst. Director. Document filed by Leroy Peoples. (tro) (Entered: 03/02/2012) | |||
| 2012-02-16 | 47 | 0 | MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Office of Counsel served on 9/9/2011, answer due 11/30/2011. Service was accepted by A. Edel Groski (title Asst counsel). Document filed by Leroy Peoples. (tro) (Entered: 03/02/2012) | |||
| 2012-05-03 | 49 | 0 | OPINION AND ORDER #101761 re: 33 MOTION to Dismiss. filed by D. Rock, Lucien J. LeClaire, Jr., William Lee, Norman Bezio, Karen Bellamy, Brian Fischer, K O' Connor, Ward. For the foregoing reasons, defendants' motion to dismiss is granted in part and denied in part. The Clerk of the Court is directed to close this motion [Docket No. 33]. A status conference has been scheduled for June 12, 2012, at 4:30 p.m. in Courtroom 15C. (Signed by Judge Shira A. Scheindlin on 5/2/2012) (jfe) Modified on 5/7/2012 (ft). (Entered: 05/03/2012) | 2012-05-04 08:56:07 | 6cf6f61a662c82a67e3d547f3ad0c817b3745aba | |
| 2012-05-17 | 50 | 0 | MOTION for Reconsideration re; 49 Memorandum & Opinion,, (Notice of). Document filed by Norman Bezio, D. Rock, Ward.(Harben, Jeb) (Entered: 05/17/2012) | |||
| 2012-05-17 | 51 | 0 | MEMORANDUM OF LAW in Support re: 50 MOTION for Reconsideration re; 49 Memorandum & Opinion,, (Notice of).. Document filed by Norman Bezio, D. Rock, Ward. (Attachments: # 1 Exhibit 1)(Harben, Jeb) (Entered: 05/17/2012) | |||
| 2012-06-01 | 52 | 0 | DECLARATION of Lereoy Peoples in Opposition re: 50 MOTION for Reconsideration re; 49 Memorandum & Opinion,, (Notice of). Document filed by Leroy Peoples. (cd) (Entered: 06/06/2012) | |||
| 2012-06-26 | 53 | 0 | OPINION AND ORDER # 101992: For the foregoing reasons, defendants' motion for reconsideration is granted in part and denied in part. The Clerk of the Court is directed to close this motion [Docket No. 50]. Additionally, Peoples attached an Amended Complaint to his opposition papers, which this Court now accepts for filing. A status conference has been scheduled for July 23, 2012, at 4:30 p.m., in Courtroom l5C. (Signed by Judge Shira A. Scheindlin on 6/26/2012) (djc) (Main Document 53 replaced on 6/26/2012) (laq). Modified on 6/27/2012 (ft). (Entered: 06/26/2012) | 2012-06-27 09:08:05 | dcf8bfd3b25e9189ba0b4f8429e74282320c5101 | |
| 2012-06-27 | 54 | 0 | ORDER: The July 23, 2012 status conference has been adjourned and rescheduled to July 31, 2012 at 4:30 p.m. in Courtroom 15C of the United States Courthouse, 500 Pearl Street, New York, New York. The conference will cover the current status of the case. With the exception of pro se prisoners, you, or an attorney if an attorney is representing you, are directed to appear at that date and time. If any party, except a pro se prisoner, fails to appear at the conference or send an attorney, his or her action may be dismissed., ( Status Conference set for 7/31/2012 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 6/27/2012) (lmb) (Entered: 06/27/2012) | |||
| 2012-07-10 | 55 | 0 | MOTION to Dismiss Amended Complaint. Document filed by Norman Bezio, D. Rock, Ward.(Harben, Jeb) (Entered: 07/10/2012) | |||
| 2012-07-10 | 56 | 0 | NOTICE of Notice to Pro Se Litigant Local Rule 56.1 re: 55 MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock, Ward. (Harben, Jeb) (Entered: 07/10/2012) | |||
| 2012-07-10 | 57 | 0 | MEMORANDUM OF LAW in Support re: 55 MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock, Ward. (Harben, Jeb) (Entered: 07/10/2012) | |||
| 2012-07-10 | 58 | 0 | DECLARATION of Jeb Harben in Support re: 55 MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock, Ward. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Harben, Jeb) (Entered: 07/10/2012) | |||
| 2012-07-13 | 59 | 0 | ORDER: On July 10, defendants filed a renewed motion to dismiss and a motion to transfer venue. The pro se office has informed me that counsel are interested in representing Leroy Peoples in this action and are currently in the process of communicating with him Peoples and/or any counsel whom he retains may have until August 20. Defendants' reply is due August 30. The status conference currently schedule for July 31 is adjourned until September 11 at 4:30 p.m. No stay of discovery is in place and I expect the parties to move forward with discovery over the coming months.Replies due by 8/30/2012. Status Conference set for 9/11/2012 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 7/13/2012) (ft) (Entered: 07/13/2012) | |||
| 2012-07-20 | 60 | 0 | REQUEST for Entry of Default. Document filed by Leroy Peoples.(lmb) (Entered: 08/07/2012) | |||
| 2012-08-14 | 61 | 0 | SUGGESTION OF DEATH upon the record as to Curtis Drown on 3/29/11. Document filed by Norman Bezio, D. Rock(Harben, Jeb) (Entered: 08/14/2012) | |||
| 2012-08-15 | 62 | 0 | ENDORSED LETTER addressed to Judge Richard J. Sullivan from Taylor Pendergrass dated 8/15/2012 re: Counsel respectfully request that the current response date be adjourned to permit time for counsel to confirm whether they will be representing Mr. Peoples and, if so, to then prepare papers in response to the Defendants' pending motion. Counsel would request the response date be adjourned to September 10, with Defendants' reply on September 20. ENDORSEMENT: Request granted. Peoples' opposition is due September 10 and defendant's reply is due September 20. Set Deadlines/Hearing as to 55 MOTION to Dismiss Amended Complaint. :( Responses due by 9/10/2012, Replies due by 9/20/2012.) (Signed by Judge Shira A. Scheindlin on 8/15/2012) (jfe) (Entered: 08/15/2012) | |||
| 2012-08-22 | 64 | 0 | NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Taylor Scott Pendergrass on behalf of Leroy Peoples (Pendergrass, Taylor) (Entered: 08/22/2012) | |||
| 2012-08-23 | 65 | 0 | NOTICE OF APPEARANCE by Christopher T Dunn on behalf of Leroy Peoples (Dunn, Christopher) (Entered: 08/23/2012) | |||
| 2012-08-23 | 66 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 8/10/2012 re: counsel for defendant writes that for the reasons that are set forth in this letter, the motion requesting a default judgment against Mr. Drown should be denied. ENDORSEMENT: Plaintiffs' motion for default judgment against Curtis Drown is denied, as he died three months prior to the alleged service on his agent. The Clerk is directed to close this motion [Docket No. 60]. (Signed by Judge Shira A. Scheindlin on 8/23/2012) (pl) (Entered: 08/23/2012) | |||
| 2012-09-10 | 67 | 0 | MEMORANDUM OF LAW in Opposition re: 55 MOTION to Dismiss Amended Complaint.. Document filed by Leroy Peoples. (Pendergrass, Taylor) (Entered: 09/10/2012) | |||
| 2012-09-10 | 68 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin, from Taylor Pendergrass, dated 9/10/2012, re: confirming the date for the next status conference in the above matter. See ECF Doc. 62. Plaintiff's opposition to the motion to dismiss is now due on September 10, 2012, and the Defendants' reply will be due on September 20. Plaintiff's counsel would be available to appear anytime the week of September 24 or thereafter. ENDORSEMENT: The September 11, 2012 status conference is adjourned and rescheduled to Friday, September 28, 2012 at 12:30 p.m. SO ORDERED. ( Status Conference set for 9/28/2012 at 12:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 9/10/2012) (ja) (Entered: 09/11/2012) | |||
| 2012-09-20 | 69 | 0 | REPLY AFFIRMATION of Jeb Harben in Support re: 55 MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock. (Harben, Jeb) (Entered: 09/20/2012) | |||
| 2012-09-20 | 70 | 0 | REPLY MEMORANDUM OF LAW in Support re: 55 MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock. (Harben, Jeb) (Entered: 09/20/2012) | |||
| 2012-09-27 | 71 | 0 | ENDORSED LETTER addressed to Judge Shira A. Sheindlin from Christopher Dunn dated 9/27/12 re: Counsel writes on behalf of former pro se plaintiff to request an adjournment of the status conference scheduled for tomorrow at 12:30. ENDORSEMENT: Request to adjourn the status conference is granted and rescheduled to October 12, 2012 at 5:00 p.m. So ordered. ( Status Conference set for 10/12/2012 at 05:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 9/27/2012) (mro) (Entered: 09/27/2012) | |||
| 2012-10-12 | 72 | 0 | REPLY MEMORANDUM OF LAW in Opposition re: 55 MOTION to Dismiss Amended Complaint. Plaintiff's Sur-Reply Brief in Opposition to Defendants' Motion to Transfer Venue. Document filed by Leroy Peoples. (Pendergrass, Taylor) (Entered: 10/12/2012) | |||
| 2012-10-18 | 73 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin, from Jeb Harben, dated 10/18/2012, re: Today plaintiff's counsel requested that my office facilitate an unmonitored telephone call between counsel and plaintiff at Attica Correctional Facility beginning at 1:00 p.m. on October 22, 2012 and ending no later than 3:00 p.m. that day. We request that you endorse this letter and So Order this legal conference call accordingly so that I may forward the endorsed letter to Attica and the call can be scheduled as soon as possible. ENDORSEMENT: The Attorney General is directed to facilitate an unmonitored call between Leroy Peoples and his counsel on October 22, 2012 between 1 p.m. and 3 p.m. So Ordered. (Signed by Judge Shira A. Scheindlin on 10/18/2012) (ja) (Entered: 10/19/2012) | |||
| 2012-10-24 | 74 | 0 | ORDER granting 55 Motion to Dismiss. To permit defendants an opportunity to move against the operative complaint, defendants' current motion to dismiss is hereby withdrawn, without prejudice, subject to reinstatement by December 3,2012. Plaintiff shall respond by December 17, 2012, and defendants' reply is due by December 31,2012. The Clerk of the Court is directed to close defendants' motion to dismiss (Docket Entry # 55). SO ORDERED.(Signed by Judge Shira A. Scheindlin on 10/23/2012) (ama) (Entered: 10/24/2012) | |||
| 2012-10-24 | 75 | 0 | MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM: Consent of Judge I authorize this student: William Swearinger (a) to appear in court or other proceedings on behalf of the above client, and (b)to prepare documents on behalf of the above client. (Signed by Judge Shira A. Scheindlin on 10/23/2012) (ama) Modified on 10/24/2012 (ama). (Entered: 10/24/2012) | |||
| 2012-10-24 | 76 | 0 | MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM Consent of Judge I authorize this student: Kyle Valenti (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Shira A. Scheindlin on 10/23/2012) (ama) (Entered: 10/24/2012) | |||
| 2012-10-24 | 77 | 0 | ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. December would be best. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 10/23/2012) (ama) (Entered: 10/24/2012) | |||
| 2012-10-24 | 78 | 0 | SCHEDULING ORDER: Amended Pleadings due by 11/19/2012. Motions to Dismiss 12/3, 12/17, 12/31/2012. Discovery due by 4/19/2013. Final Pretrial Conference set for 4/15/2013 at 04:30 PM before Judge Shira A. Scheindlin. Pretrial Order due by 5/17/2013. Jury Trial. Parties anticipate that the trial will last 3 days. (Signed by Judge Shira A. Scheindlin on 10/23/2012) (lb) (Entered: 11/01/2012) | |||
| 2012-11-19 | 79 | 0 | ORDER: Because of delays caused by Hurricane Sandy, I hereby grant plaintiff's request, on consent, for the deadline extensions listed in plaintiff s letter of November 14, 2012. Specifically, the briefing deadlines will now be as follows: 12/6/12 for the Second Amended Complaint; 12/20/12 for the Renewed Motion to Dismiss; 1/11/2013 for the Response to the Renewed Motion to Dismiss; and 1/25/13 for the Reply to the Renewed Motion to Dismiss. The discovery and pretrial deadlines will now be as follows: 12/21/12 for document requests; 11/21/13 for document responses; 3/18/13 for the deposition deadline; 4/15/13 for plaintiffs expert report; 5/16/13 for defendants' expert report; 6/3/13 for expert depositions; 6/3/13 for the discovery cut-off; 6/14/13 for the pretrial order to defendants; and 7/1/13 for the pretrial order to the Court. Finally, the previously scheduled pretrial conference will now be held June 11, 2013 at 4:30 p.m.( Amended Pleadings due by 12/6/2012. Deposition due by 6/3/2013. Discovery due by 6/3/2013, Motions due by 12/20/2012. Pretrial Order due by 7/1/2013. Responses due by 1/11/2013, Replies due by 1/25/2013.) ( Pretrial Conference set for 6/11/2013 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 11/18/2012) (djc) (Entered: 11/19/2012) | |||
| 2012-12-07 | 80 | 0 | LAW STUDENT INTERN APPEARANCE FORM: I authorize this student, Gabriel Hopkins: (a) to appear in court or at other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Shira A. Scheindlin on 12/7/2012) (lmb) (Entered: 12/07/2012) | |||
| 2012-12-11 | 81 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Taylor Pendergrass dated 12/11/2012 re: Counsel for plaintiff writes that the Second Amended Complaint seeks declaratory and injunctive relief against Commissioner Brian Fischer and current Director of SHU/Inmate Disciplinary Program Albert Prack, who plaintiff alleges were and are personally involved in continuing these policies and practices. ENDORSEMENT: A conference is scheudled for January 3, 2013 at 4:30 pm., ( Status Conference set for 1/3/2013 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 12/11/2012) (pl) (Entered: 12/11/2012) | |||
| 2012-12-12 | 82 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 12/11/2012 re: Counsel for Defendant writes that it is anticipated that defendants' motion to dismiss the Second Amended Complaint win be far more extensive than defendants' prior motion, which did not address these new legal issues and additional factual allegations. With the written consent of plaintiff's counsel, we respectfully request the following modification to the Court's November 19 scheduling order. These proposed deadlines should not delay document or deposition discovery. ENDORSEMENT: The Amended Schedule is hereby "So Ordered." The moving brief and response may not exceed thirty (30) pages. The reply brief may not exceed twelve (12) pages. So Ordered., ( Deposition due by 4/15/2013., Discovery due by 6/28/2013., Motions due by 2/8/2013., Pretrial Order due by 7/26/2013., Responses due by 3/8/2013, Replies due by 3/29/2013.) (Signed by Judge Shira A. Scheindlin on 12/12/2012) (pl) (Entered: 12/12/2012) | |||
| 2012-12-14 | 83 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Christopher Dunn dated 12/12/2012 re: Request to adjourn the 1/3/2013 conference. ENDORSEMENT: Request granted. Conference adjourned to 1/9 at 4 pm. ( Status Conference reset for 1/9/2013 at 04:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 12/13/2012) (cd) (Entered: 12/14/2012) | |||
| 2012-12-06 | 84 | 0 | SECOND AMENDED COMPLAINT amending 2 Complaint, against Norman Bezio, Drown, Brian Fischer, William Lee, D. Rock, Albert Prack.Document filed by Leroy Peoples. Related document: 2 Complaint, filed by Leroy Peoples.(pl) (Entered: 12/18/2012) | |||
| 2013-01-30 | 85 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 1/30/2013 re: We write to confirm that any such stay and/or extension provided to the previously served defendants is also afforded to Mr. Prack as well and that he is not required to respond to the Second Amended Complaint at this time. ENDORSEMENT: The stay and/or extension to respond to Plaintiff's second amended complaint applies to Mr. Prack. So Ordered. (Signed by Judge Shira A. Scheindlin on 1/30/2013) (ft) (Entered: 01/31/2013) | |||
| 2013-02-04 | 86 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #88) - AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Drown served on 1/15/2013, answer due 2/5/2013. Service was accepted by Andre Lacombe. Document filed by Leroy Peoples. (Pendergrass, Taylor) Modified on 2/8/2013 (ldi). (Entered: 02/04/2013) | |||
| 2013-02-04 | 87 | 0 | AFFIDAVIT OF SERVICE. Albert Prack served on 1/9/2013, answer due 1/30/2013. Service was accepted by David VanWormer. Document filed by Leroy Peoples. (Pendergrass, Taylor) (Entered: 02/04/2013) | |||
| 2013-02-04 | 88 | 0 | AFFIDAVIT OF SERVICE. Drown served on 1/19/2013, answer due 2/11/2013. Service was accepted by Andre Lacombe. Document filed by Leroy Peoples. (Pendergrass, Taylor) (Entered: 02/04/2013) | |||
| 2013-02-06 | 89 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 1/9/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/4/2013. Redacted Transcript Deadline set for 3/14/2013. Release of Transcript Restriction set for 5/10/2013.(Rodriguez, Somari) (Entered: 02/06/2013) | |||
| 2013-02-06 | 90 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/9/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 02/06/2013) | |||
| 2013-02-07 | 91 | 0 | Letter addressed to Judge Shira A. Scheindlin from Taylor Pendergrass dated 2/5/13 re: Counsel writes on behalf of the plaintiffs to request a conference to discuss this proposal and to set a filing and briefing schedule moving forward. (mro) (Entered: 02/07/2013) | |||
| 2013-03-04 | 92 | 0 | ORDER: Plaintiff's request seeking leave to file a Third Amended Complaint is hereby GRANTED. Plaintiff shall file his Third Amended Complaint on or before March 12, 2013. ( Amended Pleadings due by 3/12/2013.) (Signed by Judge Shira A. Scheindlin on 3/1/2013) (ja) (Entered: 03/04/2013) | |||
| 2013-03-06 | 93 | 0 | THIRD AMENDED COMPLAINT amending 84 Amended Complaint against Norman Bezio, Curtis Drown, Brian Fischer, William Lee, Albert Prack, David Rock, William Powers, Sabina Kaplan, L. Collins, Diane Catalfu, Ada Perez, Patrick Griffin, James Cavaleri.Document filed by Leroy Peoples, Dewayne Richardson, Tonja Fenton. Related document: 84 Amended Complaint filed by Leroy Peoples.(lmb) Modified on 3/11/2013 (lmb). (tro). (Entered: 03/11/2013) | |||
| 2013-03-22 | 94 | 0 | ORDER re: 93 Third Amended Complaint, filed by Dewayne Richardson, Tonja Fenton, Leroy Peoples. Plaintiffs are hereby ordered to withdraw their Third Amended Complaint (ECF Docket No. 93), filed on March 6, 2013, and to re-file a new Third Amended Complaint that does not assert any First Amendment retaliation claims on behalf of plaintiff Tonja Fenton. Upon plaintiffs' filing of a new Third Amended Complaint with the Clerk of the Court that complies with this Order, the Clerk of the Court shall remove the previously filed Third Amended Complaint, and shall replace it with the newly filed Third Amended Complaint. (Signed by Judge Shira A. Scheindlin on 3/21/2013) (ja) (Entered: 03/22/2013) | |||
| 2013-03-22 | 95 | 0 | NOTICE OF APPEARANCE by Daniel Erik Mullkoff on behalf of Tonja Fenton, Leroy Peoples, Dewayne Richardson (Mullkoff, Daniel) (Entered: 03/22/2013) | |||
| 2013-03-25 | 96 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 2/26/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/18/2013. Redacted Transcript Deadline set for 4/29/2013. Release of Transcript Restriction set for 6/27/2013.(Rodriguez, Somari) (Entered: 03/25/2013) | |||
| 2013-03-25 | 97 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/26/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 03/25/2013) | |||
| 2013-03-29 | 98 | 0 | NOTICE OF CHANGE OF ADDRESS by Alexander A Reinert on behalf of All Plaintiffs. New Address: c/o Benjamin N. Cardozo School of Law, 55 Fifth Avenue, New York, NY, 10003, 212-790-0403. (Attachments: # 1 Certificate of Service)(Reinert, Alexander) (Entered: 03/29/2013) | |||
| 2013-04-05 | 99 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 3/19/2013 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/11/2013.(Rodriguez, Somari) (Entered: 04/05/2013) | |||
| 2013-04-05 | 100 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/19/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 04/05/2013) | |||
| 2013-04-09 | 101 | 0 | MOTION to Dismiss CORRECTED THIRD AMENED COMPLAINT ON BASIS OF QUALIFIED IMMUNITY. Document filed by Norman Bezio, Diane Catalfu, James Cavaleri, L. Collins, Patrick Griffin, Sabina Kaplan, William Lee, Ada Perez, William Powers, Albert Prack, David Rock.(Harben, Jeb) Modified on 4/24/2013 (ja). Modified on 4/24/2013 (ja). (Entered: 04/09/2013) | |||
| 2013-04-09 | 102 | 0 | MEMORANDUM OF LAW in Support re: 101 MOTION to Dismiss CORRECTED THIRD AMENED COMPLAINT ON BASIS OF QUALIFIED IMMUNITY.. Document filed by Norman Bezio, Diane Catalfu, James Cavaleri, L. Collins, Patrick Griffin, Sabina Kaplan, William Lee, Ada Perez, William Powers, Albert Prack, David Rock. (Harben, Jeb) (Entered: 04/09/2013) | |||
| 2013-04-11 | 103 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin, from Jeb Harben, dated 4/9/2013, re: Defendants withdraw their request for an extension of the briefing schedule regarding their motion to dismiss on the basis of qualified immunity. We will file and serve the motion via ECF later today. We reiterate our request that the Court approve a briefing schedule with respect to other issues that defendants wish to raise on a FRCP 12 motion, providing defendants until April 23 to move to dismiss with respect to any other issues (aside from qualified immunity) that may ordinarily be raised in a motion to dismiss. Defendants also request that they be allowed a 35 page memorandum of law with respect to the motion to be filed April 23. ENDORSEMENT: Defendants' request as to the scheduling order proposed below is granted. Defendants' moving papers for all issues other than Qualified Immunity will be due April 23. Request for 35 pages is also granted. Opposition paper will be due May 21 and reply will be due June 11. So Ordered. ( Motions due by 4/23/2013, Responses due by 5/21/2013, Replies due by 6/11/2013.) (Signed by Judge Shira A. Scheindlin on 4/10/2013) (ja) Modified on 4/15/2013 (ja). (Entered: 04/11/2013) | |||
| 2013-04-17 | 104 | 0 | SCHEDULING ORDER: The parties hereby submit the following information, as required by the Court Order, and superseding the prior Scheduling Order and all subsequent amendments to that Order: The Rule 16 conference in this action was held on October 23, 2012. The parties anticipate 15 trial days. Defendants request a trial by jury, and do not waive any objection they may have to venue The defendants will file all motions seeking to dismiss monetary damages claim on the basis of qualified immunity by April 9, 2013; plaintiffs shall file their opposition by April 30, 2013; defendants shall file their reply by May 21, 2013. The defendants will file any other pre-answer motions under Fed. R. Civ. P. 12 by April 23, 2013; plaintiffs shall file their oppositions by May 21, 2013; defendants shall file their reply by June 11, 2013. All depositions, other than those of experts, shall be completed by October 7, 2013. The parties will serve a second round of document requests related to the three named plaintiffs and to class discovery by April 22, 2013. Depositions of experts shall be concluded by February 24, 2014. The depositions of non-experts and other fact discovery will be completed by October 7, 2013. The date by which the parties will submit a pre-trial order in a form conforming with the Court's instructions together with trial briefs and either (1) proposed findings of fact and conclusions of law for a non-jury trial, or (2) proposed voir dire questions and proposed jury instructions, for a jury trial; and April 24, 2014. The date shall be adjourned until 60 days after summary judgment motions, if any, are decided. Final pretrial conference pursuant to FRCP set for October 18, 2013 at 4:30 p.m. Plaintiffs will file their motion seeking to certify the class by February 24, 2014; defendants shall file their opposition by March 24, 2014; and plaintiffs shall file their reply by April 15, 2014. Any party intending to file a motion for summary judgment under FRCP 56 shall submit a letter requesting for a pre-motion conference, in accordance with the Court's rules, by February 17, 2014. A Summary of Discovery Deadlines contained in this Order follows. (See Order). Motions due by 2/24/2014. Responses due by 3/24/2014 Replies due by 4/15/2014. Deposition due by 2/24/2014. Fact Discovery due by 10/7/2013. Discovery due by 2/24/2014. Final Pretrial Conference set for 10/18/2013 at 04:30 PM before Judge Shira A. Scheindlin. Pretrial Order due by 4/24/2014. (Signed by Judge Shira A. Scheindlin on 4/16/2013) (ja) Modified on 4/19/2013 (ja). Modified on 4/19/2013 (ja). (Entered: 04/17/2013) | |||
| 2013-04-24 | 105 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin, from Taylor Pendergrass and Jeb Harben, dated 4/23/2013, re: request to be granted a one-week adjournment of all motion to dismiss briefing deadlines to facilitate settlement discussions. The parties will write the Court again on or before Monday, April, 29, 2013, to inform the Court of the outcome. ENDORSEMENT: The parties' joint request for a one-week adjournment of all motion to dismiss briefing deadlines is granted. (Signed by Judge Shira A. Scheindlin on 4/23/2013) (ja) (Entered: 04/24/2013) | |||
| 2013-04-24 | 106 | 0 | STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Shira A. Scheindlin on 4/24/2013) (ja) (Entered: 04/24/2013) | |||
| 2013-04-29 | 107 | 0 | NOTICE OF APPEARANCE by Leda A Moloff on behalf of Tonja Fenton, Leroy Peoples, Dewayne Richardson (Moloff, Leda) (Entered: 04/29/2013) | |||
| 2013-04-29 | 108 | 0 | NOTICE OF CHANGE OF ADDRESS by Kayvan Betteridge Sadeghi on behalf of Tonja Fenton, Leroy Peoples, Dewayne Richardson. New Address: Morrison & Foerster LLP, 1290 Avenue of the Americas, New York, New York, U.S.A. 10104, 212-468-8000. (Sadeghi, Kayvan) (Entered: 04/29/2013) | |||
| 2013-04-29 | 109 | 0 | SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Diane Catalfu served on 4/1/2013, answer due 4/22/2013. Service was accepted by G. Houseman, Corrections Officer. Document filed by Dewayne Richardson; Leroy Peoples; Tonja Fenton. (Matza-Brown, Daniel) (Entered: 04/29/2013) | |||
| 2013-04-29 | 110 | 0 | SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. James Cavaleri served on 3/29/2013, answer due 4/19/2013. Service was accepted by Stacey Fredenburgh. Document filed by Dewayne Richardson; Leroy Peoples; Tonja Fenton. (Matza-Brown, Daniel) (Entered: 04/29/2013) | |||
| 2013-04-29 | 111 | 0 | SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. L. Collins served on 4/1/2013, answer due 4/22/2013. Service was accepted by G. Houseman, Corrections Officer. Document filed by Dewayne Richardson; Leroy Peoples; Tonja Fenton. (Matza-Brown, Daniel) (Entered: 04/29/2013) | |||
| 2013-04-29 | 112 | 0 | SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Patrick Griffin served on 3/29/2013, answer due 4/19/2013. Service was accepted by Maureen Spencer, Corrections Officer. Document filed by Dewayne Richardson; Leroy Peoples; Tonja Fenton. (Matza-Brown, Daniel) (Entered: 04/29/2013) | |||
| 2013-04-29 | 113 | 0 | SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Sabina Kaplan served on 4/1/2013, answer due 4/22/2013. Service was accepted by Shantilet Johnson. Document filed by Dewayne Richardson; Leroy Peoples; Tonja Fenton. (Matza-Brown, Daniel) (Entered: 04/29/2013) | |||
| 2013-04-29 | 114 | 0 | SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Ada Perez served on 3/29/2013, answer due 4/19/2013. Service was accepted by Stacey Fredenburgh. Document filed by Dewayne Richardson; Leroy Peoples; Tonja Fenton. (Matza-Brown, Daniel) (Entered: 04/29/2013) | |||
| 2013-04-29 | 115 | 0 | SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. William Powers served on 4/1/2013, answer due 4/22/2013. Service was accepted by G. Houseman, Corrections Officer. Document filed by Dewayne Richardson; Leroy Peoples; Tonja Fenton. (Matza-Brown, Daniel) (Entered: 04/29/2013) | |||
| 2013-04-29 | 116 | 0 | AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Curtis Drown served on 3/26/2013, answer due 4/16/2013; Albert Prack answer due 4/16/2013. Service was made by MAIL. Document filed by Dewayne Richardson; Leroy Peoples; Tonja Fenton. (Matza-Brown, Daniel) (Entered: 04/29/2013) | |||
| 2013-05-01 | 117 | 0 | STIPULATION AND ORDER: the Plaintiffs and Defendants have agreed to a 90-day adjournment to conduct settlement negotiations pursuant to the attached April 29, 2013, letter agreement between the parties; and withdrawing 101 Motion to Dismiss Plaintiffs' Corrected Third Amended Complaint on the Basis of Qualified Immunity (ECF No. 101) without prejudice, and the Pre-Trial Scheduling Order (ECF No. 104) is hereby suspended. (Signed by Judge Shira A. Scheindlin on 5/1/2013) (ja) (Entered: 05/01/2013) | |||
| 2013-07-29 | 118 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin, from Richard W. Brewster, dated 7/26/2013, re: joint request that the current stay of the proceeding be extended for another 60 days, through September 30, 2013, to allow the parties to continue their settlement discussions. ENDORSEMENT: Parties' joint request to extend the stay of the proceeding through September 30, 2013 is hereby granted. (Signed by Judge Shira A. Scheindlin on 7/26/2013) (ja) (Entered: 07/29/2013) | |||
| 2013-10-01 | 119 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Taylor Pendergrass dated 9/30/2013 re: Given that the steps under discussion and participation by experts will require a number of months to complete, the parties respectfully request that the stay of the litigation be extended through December 20, 2013. ENDORSEMENT: The Status Conference is rescheduled to December 23, 2013 at 4:30 p.m. The Current Stay of this case is extended to and including December 20, 2013. SO ORDERED. ( Status Conference set for 12/23/2013 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 10/01/2013) (ama) Modified on 10/9/2013 (ama). (Entered: 10/01/2013) | |||
| 2013-12-19 | 120 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Taylor Pendergrass and Richard W. Brewster dated 12/18/2013 re: Request for an additional stay until 1/30/2014 and to adjourn the 12/23/2013 conference. ENDORSEMENT: The parties' joint request is hereby granted. The Court grants an additional stay of litigation through 1/30/2014. The 12/23/2013 is rescheduled for 2/4/2014 at 4:30 pm. ( Status Conference reset for 2/4/2014 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 12/18/2013) (cd) (Entered: 12/19/2013) | |||
| 2013-12-20 | 121 | 0 | MOTION for Daniel Mullkoff to Withdraw as Attorney. Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson.(Mullkoff, Daniel) (Entered: 12/20/2013) | |||
| 2014-01-28 | 122 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard W. Brewster dated 1/28/2014 re: Request that the Court grant an additional stay of the litigation until March 11, 2014. and adjourn the Court conference now set for February 4, 2014. ENDORSEMENT: The parties' joint request is hereby granted. The Court grants an additional stay of litigation through 3/11/2014. The 2/4/2014 conference is rescheduled to 3/17/2014 at 4:30 pm. (Conference reset for 3/17/2014 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 1/28/2014) (cd) (Entered: 01/29/2014) | |||
| 2014-02-04 | 123 | 0 | MEMO ENDORSED granting 121 Motion to Withdraw as Attorney. ENDORSEMENT: Motion granted. The Clerk is directed to close this motion. Attorney Daniel Erik Mullkoff terminated. (Signed by Judge Shira A. Scheindlin on 2/3/2014) (cd) (Entered: 02/04/2014) | |||
| 2014-02-19 | 124 | 0 | STIPULATION FOR A STAY WITH CONDITIONS: A. This action shall be stayed for a period (the "Stay Period") of twenty-four (24) months from the Effective Date under Section 8 of this Stipulation or until the Stipulation is vacated and/or the Stay lifted pursuant to Section 5 and, subject to the Court's approval, shall be placed on the Court's Suspense Calendar. During the Stay Period none of the parties may seek judicial relief in this action, except to vacate the Stipulation and/or lift the Stay and proceed with the litigation in accordance with the terms, conditions and procedures set forth in Section 5 of this Stipulation as further set forth in this order. (Signed by Judge Shira A. Scheindlin on 2/19/2014) (lmb) (Entered: 02/19/2014) | |||
| 2014-02-23 | 125 | 0 | NOTICE OF APPEARANCE by Michael J. Keane on behalf of Karen Bellamy, Norman Bezio, Richard A. Brown, Diane Catalfu, James Cavaleri, L. Collins, Peter A. Crusco, Curtis Drown, Brian Fischer, Patrick Griffin, Sabina Kaplan, LJard, Lucien J. LeClaire, Jr, William Lee, Malare, K O' Connor, Office of Counsel, Ada Perez. (Keane, Michael) (Entered: 02/23/2014) | |||
| 2014-04-22 | 126 | 0 | NOTICE OF CHANGE OF ADDRESS by Jennifer Kay Brown on behalf of All Plaintiffs. New Address: Morrison & Foerster LLP, 250 West 55th Street, New York, New York, U.S.A. 10019, 212-468-8000. (Brown, Jennifer) (Entered: 04/22/2014) | |||
| 2014-04-22 | 127 | 0 | NOTICE OF CHANGE OF ADDRESS by David John Fioccola on behalf of All Plaintiffs. New Address: Morrison & Foerster LLP, 250 West 55th Street, New York, New York, U.S.A. 10019, 212-468-8000. (Fioccola, David) (Entered: 04/22/2014) | |||
| 2014-04-28 | 128 | 0 | NOTICE OF CHANGE OF ADDRESS by Adam James Hunt on behalf of Tonja Fenton, Leroy Peoples, Dewayne Richardson. New Address: Morrison & Foerster LLP, 250 West 55th Street, New York, New York, U.S.A. 10019-9601, 212-468-8000. (Hunt, Adam) (Entered: 04/28/2014) | |||
| 2014-05-07 | 129 | 0 | NOTICE OF CHANGE OF ADDRESS by Daniel Matza-Brown on behalf of Tonja Fenton, Leroy Peoples, Dewayne Richardson. New Address: Morrison & Foerster LLP, 250 West 55th Street, New York, NY, 10019,. (Matza-Brown, Daniel) (Entered: 05/07/2014) | |||
| 2014-05-07 | 130 | 0 | NOTICE OF CHANGE OF ADDRESS by Leda A Moloff on behalf of Tonja Fenton, Leroy Peoples, Dewayne Richardson. New Address: Morrison & Foerster LLP, 250 West 55th Street, New York, NY, 10019,. (Moloff, Leda) (Entered: 05/07/2014) | |||
| 2014-05-09 | 131 | 0 | NOTICE OF CHANGE OF ADDRESS by Kayvan Betteridge Sadeghi on behalf of Tonja Fenton, Leroy Peoples, Dewayne Richardson. New Address: Morrison & Foerster LLP, 250 West 55th Street, New York, NY, 10019,. (Sadeghi, Kayvan) (Entered: 05/09/2014) | |||
| 2014-07-14 | 132 | 0 | NOTICE OF APPEARANCE by Philip Louis Desgranges on behalf of Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Desgranges, Philip) (Entered: 07/14/2014) | |||
| 2014-11-12 | 133 | 0 | LETTER addressed to Judge Shira A. Scheindlin from John H. White, DIN#08A3366, dated 11/10/14 re: Non-party John H. White submits this letter with enclosed communications to the NYS DOCS and other supervisory personnel concerning the ongoing unconstitutional and unrelenting harms dated 10/6/14; and that he requests that the Court take into consideration that he has been in Upstate Correctional Facility for over five years. (sc) (Entered: 11/17/2014) | |||
| 2014-12-02 | 134 | 0 | NOTICE; re: AMICUS CURIAE/ PROPOSITIONS FOR SETTLEMENT & NEW SERVICES. (sc) (Entered: 12/08/2014) | |||
| 2014-12-15 | 135 | 0 | MINUTE ORDER PURSUANT TO MEMORANDUM FROM THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS, DATED JUNE 15TH, 1973....Case Closed administratively pursuant to Memorandum from the Administrative Office of the United States Courts dated June 15th, 1973.... (Signed by Judge Loretta A. Preska on 12/15/2014) (mro) (Entered: 12/16/2014) | |||
| 2015-12-16 | 136 | 0 | SETTLEMENT AGREEMENT Notice. Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson.(Desgranges, Philip) (Entered: 12/16/2015) | |||
| 2015-12-16 | 137 | 0 | MOTION to Certify Class ., MOTION for Settlement . Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Attachments: # 1 Exhibit Proposed Settlement Agreement)(Desgranges, Philip) (Entered: 12/16/2015) | 2016-06-15 11:01:06 | d95cb6a1212f4db98ca5169ad51be265e1c2ebeb | |
| 137 | 1 | Exhibit Proposed Settlement Agreement | 2016-06-15 10:42:46 | a24649844f459d367cb07af22cfe41d6ec434d12 | ||
| 2015-12-16 | 138 | 0 | MEMORANDUM OF LAW in Support re: 137 MOTION to Certify Class . MOTION for Settlement . . Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Desgranges, Philip) (Entered: 12/16/2015) | 2016-06-15 11:04:00 | 0a51f181e1f532effe8061cea037a2664327a1c2 | |
| 2015-12-16 | 139 | 0 | DECLARATION of Taylor Pendergrass in Support re: 137 MOTION to Certify Class . MOTION for Settlement .. Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Attachments: # 1 Exhibit Pendergrass Resume, # 2 Exhibit Reinert Resume, # 3 Exhibit Dunn Resume, # 4 Exhibit Brown Resume, # 5 Exhibit Class Notice, # 6 Exhibit Vail Resume)(Desgranges, Philip) (Entered: 12/16/2015) | 2016-06-15 10:39:05 | 950a373c08832b8af4eaf87ab43c759fe7f1e97e | |
| 139 | 1 | Exhibit Pendergrass Resume | ||||
| 139 | 2 | Exhibit Reinert Resume | ||||
| 139 | 3 | Exhibit Dunn Resume | ||||
| 139 | 4 | Exhibit Brown Resume | ||||
| 139 | 5 | Exhibit Class Notice | 2016-06-15 10:44:47 | 140886440f38b865740acd5af985c9c41fb09b3e | ||
| 139 | 6 | Exhibit Vail Resume | ||||
| 2015-12-16 | 140 | 0 | DECLARATION of LeRoy Peoples in Support re: 137 MOTION to Certify Class . MOTION for Settlement .. Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Desgranges, Philip) (Entered: 12/16/2015) | |||
| 2015-12-16 | 141 | 0 | DECLARATION of Tonja Fenton in Support re: 137 MOTION to Certify Class . MOTION for Settlement .. Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Desgranges, Philip) (Entered: 12/16/2015) | |||
| 2015-12-16 | 142 | 0 | DECLARATION of Dewayne Richardson in Support re: 137 MOTION to Certify Class . MOTION for Settlement .. Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Desgranges, Philip) (Entered: 12/16/2015) | |||
| 2015-12-22 | 143 | 0 | CERTIFICATE OF SERVICE of Notice of Proposed Class Action Settlement served on Loretta Lynch on December 22, 2015. Service was made by Mail. Document filed by Norman Bezio, Diane Catalfu, James Cavaleri, L. Collins, Curtis Drown, Brian Fischer, Patrick Griffin, Sabina Kaplan, William Lee, Ada Perez, Albert Prack, David Rock. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Proposed Notice, # 3 Exhibit Settlement Agreement)(Brewster, Richard) (Entered: 12/22/2015) | |||
| 2015-12-23 | 144 | 0 | ORDER GRANTING THE PARTIES' JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS-ACTION SETTLEMENT granting 137 Motion to Certify Class; granting 137 Motion for Settlement. FINDS AND ORDERS: 1. The Court finds for purposes of settlement only that the prerequisites for a class action under Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure have been satisfied in that (a) the Class is so numerous that joinder of all members is impracticable; (b) there are questions of law or fact common to the Class; (c) the plaintiffs' claims are typical of those of the Class; (d) the plaintiffs will fairly and adequately protect the interests of the Class; and (e) the defendants acted or refused to act on grounds that apply generally to the Class so that final relief is appropriate for the Class as a whole. 2. Accordingly, pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure the following settlement class ("Class") is certified: All DOCCS inmates who are now serving, or will in the future serve, a disciplinary confinement sanction in a SHU or in one of the programs created under or referenced in the Agreement. 3. The Court finds the New York Civil Liberties Union, Morrison & Foerster LLP, and Alexander A Reinert have extensive expertise in prosecuting class action cases, and appoints them as Class Counsel pursuant to Rule 23(g) of the Federal Rules of Civil Procedure. 4. The Court grants preliminarily approval to the Settlement Agreement, attached to this order as Exhibit A, as being fair, reasonable and adequate to the Class, subject to further consideration at the Fairness Hearing. Any Class member shall have the right to submit a written objection to the Court during the Notice Period in advance of the Fairness Hearing, in the manner specified in the Notice. The Notice Period will begin on Jan. 13, 2016 and end on March 14, 2016. A Fairness Hearing will be held before this Court on Mar. 28, at 4 p. in Courtroom 15C, at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York, at which time objections and comments on the proposed Settlement Agreement will be considered by the Court and the Court will determine whether the Settlement Agreement should be finally approved as fair, reasonable, and adequate, and whether it shall be entered as the Final Judgment in this action. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 12/23/2015) (kl) Modified on 12/23/2015 (kl). (Main Document 144 replaced on 12/23/2015) (kl). Modified on 12/23/2015 (kl). (Main Document 144 replaced on 12/23/2015) (kl). (Entered: 12/23/2015) | |||
| 2016-01-06 | 145 | 0 | ORDER AMENDING COMMENCEMENT OF NOTICE PERIOD: Upon the Defendants' application and with the consent of Plaintiffs, the Court hereby extends the beginning of the Notice Period under the Court's December 23, 2015 Order herein (the "Order"), from January 13, 2016 to January 15, 2016, in order to permit the translation into Spanish and circulation to facility libraries of all Settlement Documents (in English and Spanish) pursuant to paragraph 7 of the Order; provided, however, that Defendants shall proceed with distribution of the Notice in English and Spanish under paragraph 6 of the Order by January 13, 2016. All other dates set by the Order shall remain as scheduled therein. The availability of the Settlement Documents in all facility law libraries, commencing on January 15, 2016, shall be noted in the Notice to be distributed pursuant to paragraph 6 of the Order, as shown in the revised Notice, attached hereto as Exhibit A. (Signed by Judge Shira A. Scheindlin on 1/6/2016) (kl) (Entered: 01/06/2016) | |||
| 2016-01-13 | 146 | 0 | MOTION for Leda A. Moloff to Withdraw as Attorney . Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Attachments: # 1 Text of Proposed Order)(Brown, Jennifer) (Entered: 01/13/2016) | |||
| 2016-01-13 | 147 | 0 | DECLARATION of Jennifer K. Brown in Support re: 146 MOTION for Leda A. Moloff to Withdraw as Attorney .. Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Brown, Jennifer) (Entered: 01/13/2016) | |||
| 2016-01-13 | 148 | 0 | ORDER OF WITHDRAWAL OF LEDA A. MOLOFF, ESQ. granting 146 Motion to Withdraw as Attorney. Upon consideration of the motion to withdraw the appearance of Leda A. Moloff, Esq., this Court orders that Leda A. Moloff, Esq. be withdrawn from this case, and further orders that Ms. Moloff be removed from the Court's electronic service list. Attorney Leda A Moloff terminated. (Signed by Judge Shira A. Scheindlin on 1/13/2016) (kl) (Entered: 01/13/2016) | |||
| 2016-01-15 | 149 | 0 | LETTER from Craig Brown, Din#94A7393, dated 1/11/16 re: Non-party Craig Brown writes this letter to the Court concerning the above case and whether what he believes what is written is fair or not; and that he thanks the Court for making the changes need to better the inmates' unfortunate confinement while in the S.H.U. throughout New York State. (sc) (Entered: 01/15/2016) | |||
| 2016-01-15 | 150 | 0 | LETTER from Alexander Melendez dated 1/11/16 re: Non-party Alexander Melendez informs the Court that he agrees with the settlement which has taken place at the Court, because the people who are doing more than 180 days in SHU are not able to contact their family while they are in the SHU; and that is why some people lose family. (sc) (Entered: 01/18/2016) | |||
| 2016-01-15 | 151 | 0 | LETTER from Bryant Ceballos, DIN#10R3605, dated 1/11/16 re: Nonparty Bryant Ceballos informs the Court that, in regard to the settlement agreement concerning SHU policies and procedures, he agrees with most of the policies, and he thinks that they are more than welcome to the New York State Prison System etc. (sc) (Entered: 01/19/2016) | |||
| 2016-01-15 | 152 | 0 | LETTER from Derrel Austin, DIN#96B0336, dated 1/11/16 re: Non-party Derrel Austin informs the Court that he objects to the Solitary Confinement Settlement; and he requests that the Court reject it, because the current settlement fails to address some important matters; and that the attorneys have never allowed people such as himself to have input in the terms of the settlement. (sc) (Entered: 01/19/2016) | |||
| 2016-01-15 | 153 | 0 | LETTER from Dustin Smith, DIN#14B0043; re: Non-party Dustin Smith informs the Court that, in this agreement, non-violent inmates get a chance for altenative units instead of being treated like murderers and sometimes doing more S.H.U. time than the extremely violent ones etc. (sc) (Entered: 01/19/2016) | |||
| 2016-01-15 | 154 | 0 | LETTER from Ryan Shufelt, DIN#13A0364, dated 1/11/16 re: Non-party Ryan Shufelt informs the Court that he thinks the settlement is fair and should be implemented by the DOCC; that he feels that the goals set forth in this settlement are fair and reasonable; and that congregated recreation should be permitted through good behavior and program participation only. (sc) (Entered: 01/19/2016) | |||
| 2016-01-15 | 155 | 0 | LETTER from Akida Laobon; re: Non-party Akida Laobon informs the Court that his inside the S.H.U. ; and that he is writing about the claim for money damages against the DOCC. (sc) (Entered: 01/19/2016) | |||
| 2016-01-15 | 156 | 0 | LETTER from Jerry Knight, DIN#12A4884, dated 1/11/16 re: Non-party Jerry Knight informs the Court that he thinks that these new terms of the settlement will reduce the mental stress sustained while in the course of completing S.H.U. time; and that allowing inmates to contact their family/friends via phone will give them something to look forward to, as a short-term goal etc. (sc) (Entered: 01/19/2016) | |||
| 2016-01-15 | 157 | 0 | LETTER from Donald Switzer, DIN#11B1655, re: Non-party Donald Switzer informs the Court that, as a current S.H.U. inmate, he thinks that these changes to their confinement are very good because, as of now, the S.H.U. puts major strain on a person's mental health. (sc) (Entered: 01/19/2016) | |||
| 2016-01-20 | 158 | 0 | NOTICE of compliance by Defendants with paragraphs 7 and 8 of the Court's December 23, 2015 Order, as amended; Notice by Declaration of Richard W. Brewster. Document filed by Norman Bezio, Diane Catalfu, James Cavaleri, L. Collins, Curtis Drown, Brian Fischer, Patrick Griffin, Sabina Kaplan, William Lee, Ada Perez, William Powers, Albert Prack, David Rock. (Brewster, Richard) (Entered: 01/20/2016) | |||
| 2016-01-19 | 159 | 0 | LETTER from Kaimar Cox dated 1/12/16 re: Non-party Kaimar Cox informs the Court that he agrees with the Proposed Settlement Agreement. (sc) (Entered: 01/20/2016) | |||
| 2016-01-20 | 160 | 0 | LETTER from J. Shicobra Young dated 1/8/16 re: Non-party J. Shicobra Young informs the Court that he writes against CO. and B32-Block for lawsuits of $2,800 dollars. (sc) (Entered: 01/21/2016) | |||
| 2016-01-20 | 161 | 0 | LETTER addressed to Clerk of Court from Al Augugliaro dated 1/13/2016 re: non-party Al Augugliaro likes the decision but a lot of it is already implemented to some degree. He believes snacks should be able to be purchased with commissary money. The food served is not nutritious and the quantity is very small. He also agrees with the phone access and being able to enroll in correspondence courses. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 162 | 0 | LETTER from Troy McRae dated 1/11/16 re: Non-party Troy McRae informs the Court that he believes that the settlement is unfair because, as an SHU inmate for non-violent tickets, he has lost personal properties and, if had been given keep lock time, he would not have lost his property. (sc) Modified on 1/21/2016 (sc). (Entered: 01/21/2016) | |||
| 2016-01-20 | 163 | 0 | LETTER from Tony Marcuso dated 1/11/16 re: Non-party Tony Marcuso informs the Court that he has read the suit in its entirety, and he finds the terms fair. (sc) (Entered: 01/21/2016) | |||
| 2016-01-20 | 164 | 0 | LETTER addressed to Courts from Calvin Clanton dated 1/11/2016 re: non-party. Calvin Clanton, informs the Court that the settlement was more than just fair. He has had experienced tremendous stress and anxiety after being given 270 days to serve in the "SHU"; his belongings have been thrown away and mail has yet to be delivered. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 165 | 0 | LETTER from Chad Penn dated 1/13/16 re: Non-party Chad Penn requests that the Court please grant this settlement agreement, so that they can receive the much needed help. (sc) (Entered: 01/21/2016) | |||
| 2016-01-20 | 166 | 0 | LETTER addressed to Solitary Confinement Settlement 11-cv-2694 from Carlos Melendez re: non-party Carlos Melendez informs the Court that this case is all right for every inmate in the NYDOCCS; the SHU is not a good place. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 167 | 0 | LETTER from Luis Ramirez dated 1/12/16 re: Non-party Luis Ramirez informs the Court that he agrees on the fairness factor of the settlement in favor of the inmate; and that he thinks these changes are definitely a benefit to the inmates' mental health. (sc) (Entered: 01/21/2016) | |||
| 2016-01-20 | 168 | 0 | LETTER addressed to To Whom It May Concern: from Dominique Scaggs re: non-party Dominique Scaggs informs the Court that access to telephones are essential due to the incentive and support it encourages. Constant confinement does not promote growth, it stagnates an individual instead of helping that inmate recognize their flaws & error in decision making. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 169 | 0 | LETTER from Devan Miller dated 1/12/16 re: non-party Devan Miller informs the Court of the lifestyle the inmates are living in New York State SHU-200's. The inmates are treated very poorly; they are treated like caged animals. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 170 | 0 | LETTER from Allah Ali; re: Non-party Allah Ali informs the Court that as a resident of the R.M.H.U. community, he supports the class action settlement, to go through with it. (sc) (Entered: 01/21/2016) | |||
| 2016-01-20 | 171 | 0 | LETTER from Diondre Corbert dated 1/12/16 re: Non-party Diondre Corbert informs the Court that he agrees and likes this proposed settlement, but it needs a little revision; and that all college material should be deemed cell study. (sc) (Entered: 01/21/2016) | |||
| 2016-01-20 | 172 | 0 | LETTER from Edwin Fuentes re: non-party, Edwin Fuentes, informs the Court of the housing units policies and procedures: 5 minutes for showering and shaving (not enough time), saving food for later when we're hungry, too long in between exchanging clothing, no bleach to disinfect cell toilet area, menu for regular food. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 173 | 0 | LETTER from Patrick Drago dated 1/13/16 re: Non-party Patrick Drago informs the Court that, if these incentives in the SHU(as indicated) were put in motion, the inmates would do their time a bit easier and a lot easier for the officers who have to work everyday. (sc) (Entered: 01/21/2016) | |||
| 2016-01-20 | 174 | 0 | LETTER from Vameshia Jones dated 1/13/16 re: Non-party Vameshia Jones informs the Court that he hopes that the Courts approve the settlement etc. (sc) (Entered: 01/21/2016) | |||
| 2016-01-20 | 175 | 0 | LETTER from Victor Sarnelli dated 1/13/16 re: Non-party Victor Sarnelli informs the Court that he is currently in the SHU, and he thinks that the Settlement Agreement is more than fair and would help New York State inmates with long periods of confinement time. (sc) (Entered: 01/21/2016) | |||
| 2016-01-20 | 176 | 0 | LETTER from Anthony Burk dated 1/11/16 re: non-party, Anthony Burk, informs the Court that the proposed settlement is a reachable and attainable goal for us all. We are still human in here but we are treated like animals; most of the time have to act like animals to get what we need and that's what we are entitled too. Mental health is another issue. You don't get the help you need unless you say the "magic words". No one should have to do that. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 177 | 0 | LETTER from Dequan Robinson dated 1/12/16 re: Non-party DeQuan Robinson informs the Court that, for the most part, he agrees with the settlement; that it should be made to go into effect as soon as possible; and that inmates should definitely have access to phones in the S.H.U. once they turn level 3 etc. (sc) (Entered: 01/21/2016) | |||
| 2016-01-20 | 178 | 0 | LETTER addressed to Clerk of the Court from Equan White re: non-party, Equan White, informs the Court that the settlement should be approved. The only thing that is unfair about the settlement is we get no money. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 179 | 0 | LETTER from Joseph Berdecia dated 1/12/16 re: Non-party Joseph Berdecia requests that the Court send the settlement documents to him at the S.H.U.; and that the Court inform him as to what terms in the settlement agreement cannot be changed. (sc) (Entered: 01/21/2016) | |||
| 2016-01-20 | 180 | 0 | LETTER addressed to Clerk of the Court from Johnny Santana dated 1/12/2016 re: non-party, Johnny Santana, informs the Court that he's in agreement with the brief would like to insist on a little more: 1) increase access to commissary add some food items, 2) regarding the shower, we who are in solitary confinement can not adjust the hot and cold water, so we are forced to take a shower in scolding hot water or we wash up in the sink. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 181 | 0 | LETTER from Richard Cruz dated 1/11/16 re: non-party, Richard Cruz, informs the Court that he is writing in regard's of being part of this lawsuit against the State. He is currently in the S.H.U. and does not think it's fair to be put in a cell with someone that is ill. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 182 | 0 | LETTER addressed to Clerk of the Court from Matthew Cotton dated 1/12/16 re: non-party, Matthew Cotton, informs the Court that he is in favor and agrees to the settlement reached in People v. Fischer. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 183 | 0 | LETTER addressed to Clerk of the Court from Jerry Carrasquillo re: non-party, Jerry Carrasquillo, informs the Court that this settlement will be fair for the inmates. A big problem is the amount of food in the mess hall trays. They have just enough food to keep inmates alive. The best part about the settlement so far are the new in-house programs to get us out of SHU faster. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 184 | 0 | LETTER from Ryan English re: non-party, Ryan English, informs the Court that, as an inmate housed in a disciplinary unit should be allowed to have more programs and privileges. Sometimes the conditions in SHU can seem unlawful and inhumane; implementing the policies of water deprivation and restricted diets. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 185 | 0 | LETTER from Louis Gomez dated 1/11/2016 re: non-party, Louis Gomez, informs the Court that currently SHU's are conducting "DOCCS" environments like an asylum housing degenerates; various inhumane and unfair policies. Futhermore, would like to praise the individuals for taking the initiative. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 186 | 0 | LETTER addressed to To Whom It May Concern: from Lovelle G. Jones dated 1/11/2016 re: non-party, Lovelle G. Jones, informs the Court of the fairness I believe this settlement upholds. I agree that this new agreement is indeed fair and just. This agreement serves as a better rehabilitative effort for SHU inmates rather than deprivation (sensory) and cruel/extensive punishment. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 187 | 0 | LETTER addressed to Clerk of the Court from Rolando Leon re: non-party, Rolando Leon, informs the Court that the punishments and excessive time in S.H.U. given to many inmates/offenders are overly severe and I believe to innovate the living conditions will propagate the ideal of getting back what we've lost and encourage commendable behavior amongst the majority. I am in agreement to these new conditions. More work needs to be done but thus far, it's of excellence.. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 188 | 0 | LETTER addressed to Clerk of the Court from Marlo Carter re: non-party, Marlo Carter, informs the Court in writing to agree to the settlement's fairness. This will help several inmates who are in SHU. There are alot of pluses to this settlement and I hope these changes are respected by the CO's and Sgt's that work the SHU; it's very hard adjusting to this SHU. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 189 | 0 | LETTER addressed to Clerk of the Court from Leonard Vasquez dated 1/12/2016 re: non-party, Leonard Vasquez, informs the Court that his settlement agreement is fair and welcome as is long overdue for this to be a reality. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 190 | 0 | LETTER addressed to Judge Shira A. Scheindlin from Lisa Boston re: non-party, Lisa Boston, informs the Court that while in SHU a lot of the women are extremely depressed and have suicidal thoughts; maybe having the ability to call a family member can save an inmate's existence. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 191 | 0 | LETTER from Edward Byrd dated 1/12/2016 re: non-party, Edward Byrd, informs that Court that he is seeking assistance in obtaining information concerning this matter. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-21 | 192 | 0 | LETTER from Joseph Machado dated 1/12/16 re: non-party, Joseph Machado, informs the Court that we can productively have a chance to address some serious issues on how prisoners are being treated.. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 193 | 0 | LETTER from Michael Outler dated 1/12/2016 re: non-party, Michael Outler, informs the Court that this agreement is fair to all. They do need to install shower curtains in a two man cell, increase commissary purchase. Shu is not disciplinary it's cruelty!. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 194 | 0 | LETTER from Danny Gonzalez dated 1/8/16 re: Non-party Danny Gonzalez informs the Court that he disagreed with this class-action lawsuit due to the injustice and the cruel and unusual punishment inflicted and the imposed illegal sanctions by the D.O.C.C.S. and D.O.C.S. in retaliations and harassments; but he is only in agreement to implement (A),(B), (C), (D), (E), (G), (H), (I), (J), and (K). (sc) (Entered: 01/21/2016) | |||
| 2016-01-20 | 195 | 0 | LETTER addressed to To Whom It May Concern: from Lafayel Wright dated 1/12/16 re: non-party, Lafayel Wright, informs the Court the settlement is fair and reasonable. I have a child that is 4 years old and writing a letter just doesn't cut it. I need a phone call to maintain family ties. If rehabilitation is truly a goal reading and writing activities are a necessity to growth and change in the right direction. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 196 | 0 | LETTER addressed to Clerk of the Court from John Paul Maxwell dated 1/12/16 re: non-party, John Paul Maxwell, informs the Court that he thinks the settlement agreement reached in People v. Fischer is fair. I would like to add my name to the list of people in favor of the terms in the agreement. (cdo) (Entered: 01/21/2016) | |||
| 2016-01-20 | 197 | 0 | LETTER from Emmanuel T. Johnson dated 1/14/16 re: Non-party Emmanuel G. Johnson informs the Court that, in order for these policies to work(from the settlement), you have to sift through D.O.C.C.S. system of "Directives, Policies, and Procedures" and implement a "police system" to police these people to do their jobs the way which they agreed to do etc. (sc) (Entered: 01/21/2016) | |||
| 2016-01-21 | 198 | 0 | LETTER from Donneer Legree dated 1/11/16 re: Non-party Donneer Legree informs the Court that he feels that this class-action is really a call against DOCCS; that he thought that the S.H.U. was a rehabilitation program, but instead of learning for our behavior, they get broken down. (sc) (Entered: 01/21/2016) | |||
| 2016-01-20 | 199 | 0 | LETTER from David Wiley dated 1/11/16 re: Non-party David Wiley informs the Court that he agrees to all of the policies reached in the Federal civil rights class-action lawsuit filed against the New York State Department of Corrections & Community Supervision. (sc) (Entered: 01/22/2016) | |||
| 2016-01-22 | 200 | 0 | LETTER from Lisa Boston dated, 1/14/16 re: Non-party Lisa Boston requests that the Court allows every inmate to use his/her time wisely and have a second chance of getting at least a G.E.D. because it is a start, instead of staring at a wall for 24 hours a day. (sc) (Entered: 01/22/2016) | |||
| 2016-01-25 | 201 | 0 | LETTER addressed to Clerk of the Court from Isaiah Henderson dated 1/19/2016 re: non-party, Isaiah Henderson, informs the Court that he understands that there are provisions of the agreement that may take time to implement but what becomes of the provisions that can be implemented immediately? The agreement terms are vague and can be misinterpreted as well as manipulated by DOCCS Staff. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 202 | 0 | LETTER addressed to Sir/Madam from Mark A. Carballo dated 1/17/16 re: non-party, Mark A. Carballo, informs the Court that he has not been able to obtain the entire settlement agreement but with what he has been able to read determines that it is a fair and long awaited change in the SHU confinement. From what is seen this settlement agreement will improve things greatly for prisoners in SHU, especially for those with long term SHU confinement. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 203 | 0 | LETTER addressed to Clerk of the Court from Theodore Haynes dated 1/16/16 re: non-party, Theodore Haynes, informs the Court that he feels strongly that the settlement is fair and very much needed in DOCCS. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 204 | 0 | LETTER addressed to Clerk of the Court from Dior Creighton dated 1/18/16 re: non-party, Dior Creighton, informs the Court that he thinks the settlement agreement is every much fair to both sides. He hopes this agreement can be made. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 205 | 0 | LETTER addressed to Clerk of the Court from Jamal Roberts re: non-party, Jamal Roberts, informs the Court that the proposed Settlement of Class Action affection Special Housing Unit policies and procedures is a reasonable action from the Courts. Access to a telephone for SHU prisoners can help the prisoner change his misconduct with the help of family and loved ones. The installation of shower curtains in double celled SHU cells is well needed. With 2 men in a cell, a shower in the cell with no shower curtain is just a uncomfortable situation. This causes a problem. There are plenty of other problems that the Class Action covers and this is a good decision. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 206 | 0 | LETTER addressed to Clerk of the Court from Velal Bonhomme dated 1/18/2016 re: non-party, Velal Bonhomme, informs the Court that he is glad that people in the street are finally taking notice to the affect of extreme isolation is having on people. He feels that the things that were mentioned inside of the notice is a great start to truly help people change their behaviors. It will also help people work on difference short comings they may have and keep a positive connection with their loved ones. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 207 | 0 | LETTER addressed to Clerk of the Court from Bryam Rodriguez dated 1/13/16 re: non-party, Bryam Rodriguez, informs the Court that he would like to be added to the case and be sent information on this case. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 208 | 0 | LETTER addressed to Clerk of the Court from Patrick Proctor re: non-party, Patrick Proctor, informs the Court that he is housed within SHU for over 21 years. For more than the last 12 years, his status has been Administrative Segregation. Even though he is not serving any disciplinary sanctions, he is housed under the same harsh rules, regulations and property restrictions that are applied to disciplinary. Since the settlement does not address Ad Seg status at all, DOCCS will continue their barbaric treatment and claim that he does not fall under the settlement agreement. He is asking that the Judge and attorney's address the Ad Seg issues that would allow him to buy a T.V. and food commissary and allow him to be eligible for all incentive/program opportunities. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 209 | 0 | LETTER addressed to Clerk of the Court. from John Zebrowski dated 1/12/2016 re: non-party, John Zebrowski, would like to be added to the Class Action. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 210 | 0 | LETTER from Giquan Duley dated 1/11/2016 re: non-party, Giquan Duley, informs the Court that he would like to DOCCS implement changes and modify current policy to better help me. He further agrees to all policies reached in the federal civil rights class-action lawsuit filed against the New York State Department of Corrections and Community Supervision. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 211 | 0 | LETTER addressed to Clerk of the Court from Terrell Zeigler dated 1/11/2016 re: non-party, Terrell Zeigler, informs the Court that he would like to be apart of the above case and would like to know he may seek money damages in the above settlement.. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 212 | 0 | LETTER addressed to Clerk of the Court from Michael Watkins dated 1/12/16 re: non-party, Michael Watkins, informs the Court that he is grateful and thankful for the settlement proposal and strongly feels its time for us as the people to finally be treated with fairness and equality and not as 3/5 of a man.. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 213 | 0 | LETTER from Ali Mohammad re: non-party, Ali Mohammad, informs the Court that he feels the settlement is fair and reasonable because people came to SHU or keeplock and got treated like animals and it must stop. He feels like this is definitely a start and it will cause more respect to be shown on both sides.. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 214 | 0 | LETTER addressed to Court Clerk from Tumai Waters dated 1/11/16 re: non-party, Tumai Waters, informs the Court that he feels that the new proposals for the special housing unit is more than fair. People in prison need help, that's why we are here! (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 216 | 0 | LETTER addressed to To Whom It May Concern: from Dierdra Watson dated 1/12/2016 re: non-party, Dierdre Watson, informs the Court that C.O.'s or Captain's use SHU as a way to get even with individuals. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 217 | 0 | LETTER addressed to Honorable Shira A. Scheindlin from Jose Rodriguez dated 1/14/2016 re: non-party, Jose Rodriguez, informs the Court that he is not looking for a decision at such determination during a Supt's hearing completed on January 13, 2016. His statement is a "Substantial Support" over such continued use of loaf like punishment when it shows improper methods in it application. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 218 | 0 | LETTER addressed to To Whom It May Concern: from Anthony Jones dated 1/14/16 re: non-party, Anthony Jones, informs the Court that most of our loved ones worry about our well being, which can also be unhealthy on our spouse, siblings, parents, etc. Our 5-minue call once per month is awful because what can really anyone actually converse to/with their loved ones about in a 5-minute time period. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 219 | 0 | LETTER from Kenneth Ortiz dated 1/11/16 re: non-party, Dierdre Watson, informs the Court that he has been sanctioned four times to the SHU for a dirty urine. He's been on a 1 on 1 watch because his mental health is out of control. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 220 | 0 | LETTER addressed to Clerk of Court from Magdy Atiyeh dated 1/16/16 re: non-party, Magdy Atiyeh, informs the Court that he wants to be involved in this class action law suit. He is doing 120 days in SHU and the solitary confinement is affecting his mental state of mind. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 221 | 0 | LETTER addressed to Clerk of the Court from Gregory Miles re: non-party, Gregory Miles, informs the Court that if the curtain in a double bunking bed is see through, it is as the same as having no curtain. Should the shower curtain be only see through from the "chest area" of males, then this item would promote manhood and respect amongst prisoners. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 222 | 0 | LETTER addressed to Clerk from Ricky Dilley dated 1/19/2016 re: non-party, Ricky Dilley, informs the Court that he agrees with the class action law suit. The medical and the medical staff here at Lakeview needs to be addressed cause there's a lot of neglect, oppression, ill-conduct and deprivation going on a Lakeview. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 223 | 0 | LETTER addressed to Clerk of the Court from Alex Valverde dated 1/14/2016 re: non-party, Alex Valverde, informs the Court that he would like more information about this case. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 224 | 0 | LETTER addressed to Clerk of the Court from Brian Santiago re: non-party, Brian Santiago, informs the Court that this settlement is a big step in the righ direction. He believes the settlement should be more specific in its provisions because he believes DOCCS facility staff and administration will find some way to deprive them of the things set forth in this settlement. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 225 | 0 | LETTER addressed to To Whom It May Concern: from Edward Valle dated 1/18/2016 re: non-party, Edward Valle, informs the Court that this will be beneficial to offenders serving a lengthy sentence in SHU. I think everything listed is more than fair and he really hopes it passes. (cdo) (Entered: 01/25/2016) | |||
| 2016-01-25 | 226 | 0 | LETTER addressed to To Whom It May Concern: from Anthony Gonzalez dated 1/15/2016 re: non-party, Anthony Gonzalez, informs the Court that he has been a victim of solitary confinement since February 26, 2015 until present day. He is either placed in Involuntary Protective Custody or Administrative Segregation when he has been a non-violent or a disciplinary inmate. He requests more information regarding this settlement. (cdo) (Entered: 01/26/2016) | |||
| 2016-01-25 | 227 | 0 | LETTER addressed to Clerk of the Court from Anthony Buchanan re: non-party, Anthony Buchanan, informs the Court that he agrees somewhat with the settlement provisions of the settlement agreement. He is glad that something began to happen because you can end up in SHU for things that are out of your control. (cdo) (Entered: 01/26/2016) | |||
| 2016-01-26 | 228 | 0 | LETTER addressed to Judge Shira A. Scheindlin from Reginald McFadden dated 1/13/16 re: non-party, Reginald McFadden informs the Court that he has a number of objections to the settlement. (cdo) (Entered: 01/26/2016) | |||
| 2016-01-26 | 229 | 0 | LETTER addressed to Clerk of the Court from Imhotep H'shaka dated 1/13/2016 re: non-party, Imhotep H'shaka informs the Court that he wishes to express his gratitude to Judge Scheindlin for acknowledging that there exists a problem in the way that DOCCS is utilizing solitary confinement and for taking action to quell said problem. (cdo) (Entered: 01/26/2016) | |||
| 2016-01-26 | 230 | 0 | LETTER from Idell Williams dated 1/19/2016 re: non-party, Idell Williams, informs the Court that he agrees with this entire matter. Some facilities don't impose policy that entitles all inmate's on a SHU sanction the proper time cuts or shorter durations in the SHU. (cdo) (Entered: 01/26/2016) | |||
| 2016-01-26 | 231 | 0 | LETTER addressed to Clerk of Court from Douglas G. Payne III re: non-party, Douglas G. Payne III, informs the Court that he is requesting more inforamtion regarding the settlement. (cdo) (Entered: 01/26/2016) | |||
| 2016-01-26 | 232 | 0 | LETTER addressed to Clerk of the Court from Muhsin Fared dated 1/13/16 re: non-party, Muhsin Fared, informs the Court that he has read the information regarding the settlement but can not make out what benefits he will receive.. (cdo) (Entered: 01/26/2016) | |||
| 2016-01-26 | 233 | 0 | LETTER addressed to Clerk of the Court from Marquis Corley re: non-party, Marquis Corley, informs the Court that he has written Superintendent C. Miller regarding the abuse he has received from C.O.'s at Great Meadow Correctional Facility and has not found any relief. (cdo) (Entered: 01/26/2016) | |||
| 2016-01-26 | 234 | 0 | MEMO ENDORSEMENT on re: 215 FRCP Rule 5d Memo - Sent to Chambers. ENDORSEMENT: ACCEPT FOR FILING. (Signed by Judge Shira A. Scheindlin on 1/26/2016) (kl) (Entered: 01/26/2016) | |||
| 2016-01-28 | 235 | 0 | LETTER addressed to To Whom It May Concern: from Debra Shaughnessy dated 1/20/2016 re: non-party, Debra Shaughnessy, informs the Court that her grandson is being held in SHU at an upstate facility in Malone, New York. Ms. Shaughnessy feels her grandson should be in a prison where he can receive help his mental illness. (cdo) (Entered: 01/28/2016) | |||
| 2016-01-28 | 236 | 0 | LETTER addressed to Clerk of the Court from Saleh Ahmed dated 1/18/2016 re: non-party, Saleh Ahmed, informs the Court that the settlement is a good arrangement. Shu has been used and abused for small infraction between inmate and staff for a long time. Shu should be used against those who breach or disregard safety of facility in a grave matter. (cdo) (Entered: 01/28/2016) | |||
| 2016-01-28 | 237 | 0 | LETTER addressed to Sir/Madam: from Roy Tarbell dated 1/21/2016 re: non-party, Roy Tarbell, informs the Court that he urges the Court to be as precise as possible in its wording in its settlement agreement. (cdo) (Entered: 01/28/2016) | |||
| 2016-01-28 | 238 | 0 | LETTER from Andre Jon-Hope dated 1/16/2016 re: non-party, Andre Jon-Hope, informs the Court that he wishes the Court to approve the settlement. (cdo) (Entered: 01/28/2016) | |||
| 2016-01-27 | 239 | 0 | LETTER from Colon Lion, re: Non-party Colon Lion submits this letter with attached copy of Notice to DOCCS Prisoners about Proposed Settlement of Class Action Affecting Special Housing Unit Policies & Procedures. (sc) (Entered: 01/28/2016) | |||
| 2016-01-28 | 240 | 0 | LETTER addressed to NYC Liberties Union from Stephen Alexander re: non-party, Stephen Alexander, informs the Court that he wishes the SHU conditions to be fixed once and for all. (cdo) (Entered: 01/28/2016) | |||
| 2016-01-29 | 241 | 0 | LETTER addressed to To Whom It May Concern: from Tyrone Ford dated 1/24/2016 re: non-party, Tyrone Ford, informs the Court that he is writing to express his appreciation for the proposed settlement regarding solitary confinement in SHU. Prison Officials have abused solitary confinement, treating prisoners like dogs. While he understands the necessity of order within the system, most of the time, the charges that land an offender in SHU are not that serious to warrant isolation. (cdo) (Entered: 01/29/2016) | |||
| 2016-01-20 | 242 | 0 | LETTER from Miguel Burgos re: SOLITARY CONFINEMENT SETTLEMENT, 11-CV-2694(SAS). (sc) (Entered: 02/01/2016) | |||
| 2016-02-02 | 243 | 0 | LETTER from Brian White, DIN#08B0704, dated 1/26/16 re: Non-party Brian White informs the Court that he agrees and approves of the conditions set forth in the lawsuit and hopes that the Court could help find a solution to the mistreatment and poor conditions of the SHU. (sc) (Entered: 02/03/2016) | |||
| 2016-02-02 | 244 | 0 | LETTER from Ellier Acevedo dated 1/26/16 re: Non-party Ellier Acevedo informs the Court that, if the Judge does approve the settlement, then it will be a success not only because it will help those like himself in extreme isolation, but it will be great for society as well because it will help to rehabilitate those who will be returning to the outside world. (sc) (Entered: 02/03/2016) | |||
| 2016-02-04 | 245 | 0 | LETTER addressed to Clerk of the Court from Jacob Reyes dated 1/30/2016 re: non-party, Jacob Reyes, informs the Court that being a victim of the present circumstances in SHU he believes that the settlement is far, or much better than what our present situation is that is so against human rights. (cdo) (Entered: 02/04/2016) | |||
| 2016-02-04 | 246 | 0 | LETTER addressed to To Whom It May Concern: from Joseph Curry dated 1/30/2016 re: non-party, Joseph Curry, informs the Court that he has been in SHU since 1/18/12 for a non-violent offense and he would like to see some changes with the SHU conditions. (cdo) (Entered: 02/04/2016) | |||
| 2016-02-04 | 247 | 0 | LETTER addressed to To Whom It May Concern: from Marianne Streeter dated 1/29/2016 re: non-party, Marianne Streeter, informs the Court that the programs are very good and the staff that runs it does it very well. I came with an open mind and am working on some issues I want taken care of before she go home in September. She believes these changes will help more men and women who are incarcerated by giving them a change to turn their lives around even in SHU. (cdo) (Entered: 02/04/2016) | |||
| 2016-02-03 | 248 | 0 | LETTER addressed to Judge Shira A. Scheindlin from John White dated 1/27/16 re: Non-party John White submits this letter to the Court for denial of OMH treatment. (sc) (Entered: 02/05/2016) | |||
| 2016-02-08 | 249 | 0 | LETTER from Sacha Jean-Louis dated 2/2/16 re: Non-party Sacha Jean-Louis writes to the Court to find out if there is any possibility of collecting lawsuit money for an incident which happened on 11/2/11 at Great Meadow Correctional Facility. (sc) (Entered: 02/08/2016) | |||
| 2016-02-05 | 250 | 0 | LETTER from Troy Hendrix re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Troy Henrix submits this letter to make clear that he does not agree with the aforementioned settlement; and that DOCCS has made clear that this settlement does not apply to "AD-SEG" inmates etc. (sc) (Entered: 02/08/2016) | |||
| 2016-02-08 | 251 | 0 | LETTER from Jeffrey Hopper re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Jeffrey Hopper informs the Court that he sees nothing about the violation of human rights and laws which take place in the small S.H.U.'s where there are no cameras. (sc) (Entered: 02/09/2016) | |||
| 2016-02-10 | 252 | 0 | LETTER from Jose Rodriguez dated 1/4/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Plaintiff informs the Court that he is being held in the custody of the DOCCS past his release date, because he cannot find an address for transitional housing in the five boroughs of New York City. (sc) (Entered: 02/11/2016) | |||
| 2016-02-10 | 253 | 0 | LETTER from Richard Thomas, DIN#10A0200, dated 1/25/16 re: Non-party Richard Thomas informs the Court that he thinks that this settlement is fair to both sides. (sc) (Entered: 02/11/2016) | |||
| 2016-01-25 | 254 | 0 | LETTER from Non-Party Carlos Torres, 14-A-2675, dated 1/19/2016. (man) (Entered: 02/11/2016) | |||
| 2016-02-11 | 255 | 0 | LETTER from Domencio Baez dated 2/11/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Domencio Baez writes to the Court to request about the fairness of the settlement in the case. (sc) (Entered: 02/15/2016) | |||
| 2016-02-11 | 256 | 0 | LETTER from Dwayne Hudson dated 1/12/16 re: Non-party Dwayne Hudson submits this letter in support of the new proposed settlement of class action that affects Special Housing Unit Policies and Procedures. (sc) (Entered: 02/16/2016) | |||
| 2016-02-16 | 257 | 0 | LETTER from Trevor Porter dated 2/9/16 re: (Solitary Confinement Settlement) Non-party Trevor Porter informs the Court that his area of concern is the appeals process of disciplainary proceedings; and that all appeals should be reviewed outside of the facility and expedited.. (sc) (Entered: 02/17/2016) | |||
| 2016-02-11 | 258 | 0 | LETTER from Scott Young dated 2/2/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Scott Young informs the Court that he writes the Court in order to obtain the legal assistance that he presently seeks and needs at this time. (sc) (Entered: 02/18/2016) | |||
| 2016-02-19 | 259 | 0 | ORDER GRANTING THE PARTIES' JOINT REQUEST TO CHANGE THE CASE CAPTION: The Court, having considered the parties' joint letter requesting a change in the case caption, hereby orders that the case caption be amended to remove defendant Brian Fischer, former Commissioner of the New York State Department of Corrections and Community Supervision, and replace him with defendant Anthony Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision. The amended case caption should be identical to the caption in Exhibit B to the parties' February 18 letter request. Brian Fischer (Commissioner of the New York State Department of Corrections and Community Services) terminated. Anthony Annucci added. (Signed by Judge Shira A. Scheindlin on 2/19/2016) (kl) Modified on 2/19/2016 (kl). Modified on 2/19/2016 (kl). (Entered: 02/19/2016) | |||
| 2016-02-17 | 260 | 0 | LETTER from Eric D. Hawkins re: (SOLITARY CONFINEMENT SETTLEMENT) -Non-Party Eric D. Hawkins informs the Court that the terms which are being asked for should be minimal standards because of the pain and torture they endure on a daily basis while in SHU. (sc) (Entered: 02/22/2016) | |||
| 2016-02-18 | 261 | 0 | LETTER from Danny Gonzalez dated 2/3/16 re: Non-party Danny Gonzalez informs the Court that he disagrees with the S.H.U. Settlement Agreement, because it gives the D.O.C.C.S. authority to impose unconstitutional retaliation against the prisoners etc. (sc) (Entered: 02/22/2016) | |||
| 2016-02-18 | 262 | 0 | LETTER from David Wiley re: SOLITARY CONFINEMENT SETTLEMENT - (PAYING A DEBT TO SOCIETY...WHY THE ADDED HARDSHIPS?). (sc) (Entered: 02/22/2016) | |||
| 2016-02-18 | 263 | 0 | LETTER from Joseph Kaminski re: Plaintiff informs the Court that he feels that this settlement agreement is fair and reasonable; and that it would make the S.H.U. more productive and fair. (sc) (Entered: 02/22/2016) | |||
| 2016-02-18 | 264 | 0 | LETTER from Darius Ashley dated 2/12/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Darius Ashley informs the Court that he is one of several inmates who have been sanctioned to an overly harsh and excessive S.H.U. confinement duration. (sc) (Entered: 02/22/2016) | |||
| 2016-02-18 | 265 | 0 | LETTER from Robby Jenkins dated 2/9/16 re: Non-Party Robby Jenkins informs the Court that he would like for the Clerk of the Court and the Judge in this case to acknowledge that he requests that this settlement agreement to be denied due to the fact that he has been dealing with many issues dealing with this matters. (sc) (Entered: 02/22/2016) | |||
| 2016-02-18 | 266 | 0 | LETTER from Keon Hart dated 2/2/16 re: Non-party Keon Hart submits this letter from the NYCLU which encloses a fact sheet that describes the process of filing a grievance and a disciplinary appeal, and which Mr. Hart has apparently filled out. (sc) (Entered: 02/22/2016) | |||
| 2016-02-19 | 267 | 0 | LETTER from Dr. K.(last name illegible - DIN#08B1832) dated 2/10/16 re: Non-party Dr. K.(last name illegible) informs the Court that the settlement should be approved due to the fact that he is at Upstate Correctional Facility ( S.H.U.), and this S.H.U./Solitary Confinement is taking a toll on people for real etc.. (sc) (Entered: 02/22/2016) | |||
| 2016-02-19 | 268 | 0 | LETTER from Domencio Baez dated 1/23/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Demencio Baez writes to request to the Court about the fairness of the settlement in the case, Peoples v. Fischer. (sc) (Entered: 02/22/2016) | |||
| 2016-02-19 | 269 | 0 | LETTER from Saul Sabino re: (SOLITARY CONFINEMENT SETTLEMENT) -Non-party Saul Sabino informs the Court that he concedes with the settlement's fairness. (sc) (Entered: 02/22/2016) | |||
| 2016-02-19 | 270 | 0 | LETTER addressed to Judge Shira A. Scheindlin from Donnell Jefferson, dated 2/8/16 re: Non-party Donnell Jefferson informs the Court that he disagrees with the Proposed Settlement Agreement in this matter, because the proposed agreement says nothing about the prisoners who are routinely placed in the defendant's Boxes a.k.a. SHU's in prisons which are not listed in the agreement. (sc) (Entered: 02/22/2016) | |||
| 2016-02-19 | 271 | 0 | LETTER from Brunce Smith dated 2/14/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Brunce Smith informs the Court that he is disappointed in the recent settlement, because in the settlement all of the other prisoners were not included in receiving any money etc. (sc) (Entered: 02/23/2016) | |||
| 2016-02-23 | 272 | 0 | LETTER from Darrin Guerrero re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Darrin Guerrero informs the Court that he believes that the Settlement Agreement is fair and reasonable; and he hopes that this settlement is approved, because the D.O.C. needs order. (sc) (Entered: 02/24/2016) | |||
| 2016-02-23 | 273 | 0 | LETTER from Darius Ashley dated 2/17/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Darius Ashley informs the Court that his only concern is how these policies are to be monitored; that very rarely do the State and its employees welcome change. (sc) (Entered: 02/25/2016) | |||
| 2016-02-23 | 274 | 0 | LETTER from Keith Woolridge dated 2/15/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Plaintiff informs the Court that programs do work when done with a zero balance, iron-clad, fist imported with as much empathy as allowed; and he supports this attempt etc. (sc) (Entered: 02/26/2016) | |||
| 2016-02-25 | 275 | 0 | LETTER from Johnathan Johnson, dated 2/22/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Plaintiff informs the Court that the gravemen of this letter is to insert his comment and express the fairness and reasonable of the DOCCS issuing of Ear-buds instead of headphones(Directive 1933, Section 303.2[b ] etc. (sc) (Entered: 02/26/2016) | |||
| 2016-02-29 | 276 | 0 | LETTER from Hector Matos dated 2/23/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Hector Matos notifies the Court that D.O.C.C.S. Staff, especially mental health staff, are not around solitary confinement prisoners enough to professionally diagnose the mentally ill. (sc) (Entered: 02/29/2016) | |||
| 2016-02-26 | 277 | 0 | LETTER from Marcus Telesford dated 2/21/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Macus Telesford informs the Court that he is in total disagreement with this lawsuit, because not one of the attorneys for the New York Civil Liberties Union has made an effort to contact him nor a substantial number of class members.(sc) (Entered: 02/29/2016) | |||
| 2016-03-01 | 278 | 0 | LETTER from Marcus J. Barber Jr. dated 2/21/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Plaintiff notifies the Court of his agreement regarding the Settlement Agreement regarding S.H.U. policies and procedures. (sc) (Entered: 03/01/2016) | |||
| 2016-03-01 | 279 | 0 | LETTER from Justin Hosey dated 2/22/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Justin Hosey informs the Court that there is nothing bad to be said about the Settlement; that it will help people stay in contact with their family by being able to use the phone which is good. (sc) (Entered: 03/01/2016) | |||
| 2016-03-03 | 280 | 0 | LETTER addressed to Judge Shira A. Scheindlin from Leroy Peoples, dated 2/24/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - REQUESTING ADJOURNMENT OF 2/28/16 HEARING TO RE-NEGOTIATE MY INCENTIVE PAYMENT. (sc) (Entered: 03/03/2016) | |||
| 2016-03-03 | 281 | 0 | LETTER from Horace Harris dated 2/25/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Horace Harris requests under the Freedom of Information Act that the Court send him all of the pages of the Settlement of this case hearing on the disciplinary/ confinement sanctions and conditions of segregated housing units etc. (sc) (Entered: 03/03/2016) | |||
| 2016-03-03 | 282 | 0 | LETTER from Tamaj Fields re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Tamaj Field informs the Court that he does not know whom to be scared of, the correction officers or the inmates; and that he is just happy that the Court can please help him in any way it can, and that he is thankful. Document filed by Leroy Peoples.(sc) (Entered: 03/03/2016) | |||
| 2016-03-03 | 283 | 0 | LETTER from Eddie Cordero dated 2/15/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Eddie W. Cordero Sr. requests that the DOCCS stop double-celling prisoners, including himself in the SHU; and that they do not even have rules and a regulations booklet with a schedule of the daily routines. (sc) (Entered: 03/03/2016) | |||
| 2016-03-04 | 284 | 0 | MOTION for Daniel Matza-Brown to Withdraw as Attorney . Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Attachments: # 1 Text of Proposed Order)(Matza-Brown, Daniel) (Entered: 03/04/2016) | |||
| 2016-03-04 | 285 | 0 | DECLARATION of Daniel Matza-Brown in Support re: 284 MOTION for Daniel Matza-Brown to Withdraw as Attorney .. Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Matza-Brown, Daniel) (Entered: 03/04/2016) | |||
| 2016-03-03 | 286 | 0 | LETTER addressed to Judge Shira A. Scheindlin from Shawn Green dated 2/23/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Shawn Green informs the Court that prisoners should be allowed winter underwear and wool socks as in-cell property on all levels, considered that DOCCS is required to provide adequate clothing for prisoners during inclement weather, but does not. (sc) (Entered: 03/04/2016) | |||
| 2016-03-07 | 287 | 0 | NOTICE OF APPEARANCE by Aimee Krause on behalf of Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Krause, Aimee) (Entered: 03/07/2016) | |||
| 2016-03-04 | 288 | 0 | LETTER from Joe Smith dated 2/9/16 re: Non-party Joe Smith informs the Court that he is in strong support of the settlement agreement and that the settlement, if implemented, would be a step in the right direction. (sc) (Entered: 03/07/2016) | |||
| 2016-03-04 | 289 | 0 | ORDER OF WITHDRAWAL OF DANIEL MATZA-BROWN, ESQ granting 284 Motion to Withdraw as Attorney. Upon consideration of the motion to withdraw the appearance of Daniel Matza-Brown, Esq., this Court orders that Daniel Matza-Brown, Esq. be withdrawn from this case, and further orders that Mr. Matza-Brown be removed from the Court's electronic service list. Attorney Daniel Matza-Brown terminated (Signed by Judge Shira A. Scheindlin on 3/4/2016) (cf) (Entered: 03/07/2016) | |||
| 2016-03-08 | 290 | 0 | LETTER from Eric Campbell dated 2/26/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Eric Campbell informs the Court that the D.O.C.C.S. continues to violate the federal constitutional rights of prisoners; and that there is still widespread abuse being committed by the D.O.C.C.S. correction officers and consitutional violations. (sc) (Entered: 03/08/2016) | |||
| 2016-03-09 | 291 | 0 | LETTER from Ray Shawn Moreno re: Non-party Ray Shawn Moreno informs the Court that he along with others agree that this settlement will help minimize the very harsh conditions which they are living under. (sc) (Entered: 03/09/2016) | |||
| 2016-03-09 | 292 | 0 | LETTER from John Vailes dated 3/1/16 re: (SOLITARY CONFINEMENT SETTLEMENT)-Non-party John Vailes informs the Court that he agrees with the fairness of the settlement. (sc) (Entered: 03/09/2016) | |||
| 2016-03-10 | 293 | 0 | LETTER from Darryl Dent re: (SOLITARY CONFINEMENT SETTLEMENT). (sc) (Entered: 03/10/2016) | |||
| 2016-03-11 | 294 | 0 | LETTER addressed to Judge Shira A. Scheindlin from Samuel John Smolen, Jr. dated 3/8/16 re:(Solitary Confinement Settlement) - Non-party Samuel J. Smolen, Jr. requests that the Court extend the "Notice to Inmates" Time Period for another six months for just cause for failure of the defendants to post and provide a copy of the proposed settlement. (sc) (Entered: 03/14/2016) | |||
| 2016-03-14 | 295 | 0 | LETTER from Kenneth Griffin dated 3/6/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Kenneth Griffin informs the Court that there are too many prisoners in the SHU for way too long, and it can have a serious affect on the mind. (sc) (Entered: 03/14/2016) | |||
| 2016-03-14 | 296 | 0 | LETTER from Carlos Giorritz dated 2/29/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Carlos Giorritz informs the Court that he along with others agreed that this settlement will help minimize the very harsh conditions which they are currently living under. (sc) (Entered: 03/14/2016) | |||
| 2016-03-14 | 297 | 0 | LETTER from William Brooks, re: (SOLITARY CONFINEMENT SETTLEMENT) (THE REHABILITATION PROGRAM). (sc) (Entered: 03/14/2016) | |||
| 2016-03-14 | 298 | 0 | LETTER from Wilson Bruzzo dated 2/23/16 re: (SOLITARY CONFINEMENT SETTLEMENT) Non-party Wilson Bruzzo informs the Court that Paragraph 4(b) drug related sanctions should be investigated with more diligence especially if the prisoner is taking medications on a regular basis. (sc) (Entered: 03/14/2016) | |||
| 2016-03-14 | 299 | 0 | LETTER from Donald M. Dove dated 3/8/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Donald M. Dove informs the Court that he thinks that the settlement should include more inmates who have or are involved in the same situation instead of only three named plaintiffs. (sc) (Entered: 03/15/2016) | |||
| 2016-03-14 | 300 | 0 | LETTER from Alberto Gonzalez dated 3/7/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Albert Gonzalez informs the Court that he is very pleased with the settlement agreement, but there is room for a few issues to tackle, like having an outside agency to monitor the process of said agreements. (sc) (Entered: 03/15/2016) | |||
| 2016-03-14 | 301 | 0 | LETTER addressed to Judge Shira A. Scheindlin from Vernon Mingo dated 3/14/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Vernon Mingo informs the Court that this agreement will be a very big step forward for the DOCCS in the right direction; that the analysis by the NYCLU shows that the extreme isolation affected everyone involved with DOCCS etc. (sc) (Entered: 03/15/2016) | |||
| 2016-03-15 | 302 | 0 | DECLARATION/AFFIRMATION OF PARTY TO CLASS ACTION. Document filed by John H. White. (sc) (Entered: 03/16/2016) | |||
| 2016-03-16 | 303 | 0 | LETTER from Nyjee Boyd re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Nyjee Boyd informs the Court that the stipulations are fair and reasonable; and that they are rehabilitative to prisoners who have mental illness and to those who have a lot of time in the SHU as well etc. (sc) (Entered: 03/17/2016) | |||
| 2016-03-16 | 304 | 0 | LETTER from Vernon Mingo, re:(SOLITARY CONFINEMENT SETTLEMENT) FREE START PROGRAM. (sc) (Entered: 03/17/2016) | |||
| 2016-03-16 | 305 | 0 | LETTER from Jathniel E. Mendez dated 3/10/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Jathniel Mendez informs the Court that the settlement is a step in the right direction to humanize some cruel conditions of the S.H.U. etc. (sc) (Entered: 03/17/2016) | |||
| 2016-03-16 | 306 | 0 | LETTER from Brandon Griffith, re: Non-party Brandon Griffith informs the Court that he hopes this settlement is not accepted; and that he sees the D.O.C.C.S. just pulling a smoke screen and not making any real concrete changes. (sc) (Entered: 03/17/2016) | |||
| 2016-03-16 | 307 | 0 | LETTER from Armando Colon dated 3/6/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Armando Colon informs the Court that The Peoples v. Fischer Solitary Confinement Settlement should have a clause permitting legally blind prisoners greater access to telephone calls while in solitary confinement. (sc) (Entered: 03/17/2016) | |||
| 2016-03-16 | 308 | 0 | LETTER from Alicia Garrett dated 3/8/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Alicia Garrett informs the Court that she agrees with the settlement, but wishes that other issues could be added. (sc) (Entered: 03/17/2016) | |||
| 2016-03-15 | 309 | 0 | LETTER from Javon Gonzalez, dated 2/28/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Javon Gonzalez informs the Court that his situation is evidence that the D.O.C.C.S. has not taken the stipulation seriously nor have they attempted to rectify the many ongoing issues and problems which had led to the lawsuit in the first place. (sc) (Entered: 03/17/2016) | |||
| 2016-03-15 | 310 | 0 | LETTER from Edmir Gega dated 3/9/16 re: SOLITARY CONFINEMENT SETTLEMENT) - Plaintiff informs the Court that he strongly agrees with the changes under this Settlement Agreement which restore a little human dignity, but the Court should consider finding a form of reimbursement to the ones who have suffered under the previous humiliating conditions. (sc) (Entered: 03/17/2016) | |||
| 2016-03-15 | 311 | 0 | LETTER from Carolyn Simon dated 3/8/16 re: Non-party Carolyn Simon informs the Court that she has been in Albion Correctional Facility for 2 1/2 months; and that she has been put into observation in SHU-2A and moved to 4A during the first fifteen days in observation. (sc) (Entered: 03/17/2016) | |||
| 2016-03-15 | 312 | 0 | LETTER from Kirkland Smith, dated 3/11/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Kirkland E. Smith informs the Court that there is a class action entitled 2016 SHU Settlement Agreement which this facility will not allow him the opportunity to see after five(5) attempts. (sc) (Entered: 03/18/2016) | |||
| 2016-03-17 | 313 | 0 | LETTER from Uvaldo Gonzalez, dated 3/12/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Uvaldo Gonzalez notifies the Court that he agrees with the settlement, and that it is a step into a better future for inmates who are housed in the SHU. (sc) (Entered: 03/18/2016) | |||
| 2016-03-21 | 314 | 0 | LETTER from Tracy Cooper re: (SOLITARY CONFINEMENT SETTLEMENT) -Non-party Tracy Cooper informs the Court that the Court should keep prisoners from going to the box SHU period; and that sanctions period should not be above thirty days. (sc) (Entered: 03/21/2016) | |||
| 2016-03-21 | 315 | 0 | FINAL MOTION for Settlement Approval. Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. Return Date set for 3/28/2016 at 04:00 PM.(Stewart, Aimee) (Entered: 03/21/2016) | |||
| 2016-03-21 | 316 | 0 | MEMORANDUM OF LAW in Support re: 315 FINAL MOTION for Settlement Approval. . Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Stewart, Aimee) (Entered: 03/21/2016) | |||
| 2016-03-21 | 317 | 0 | DECLARATION of Taylor Pendergrass in Support re: 315 FINAL MOTION for Settlement Approval.. Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Attachments: # 1 Exhibit Plaintiffs' Categorization of Comments Filed with Court)(Stewart, Aimee) (Entered: 03/21/2016) | |||
| 2016-03-21 | 318 | 0 | DECLARATION of Aimee Stewart in Support re: 315 FINAL MOTION for Settlement Approval.. Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Stewart, Aimee) (Entered: 03/21/2016) | |||
| 2016-03-21 | 319 | 0 | DECLARATION of LeRoy Peoples in Support re: 315 FINAL MOTION for Settlement Approval.. Document filed by Tonja Fenton, Leroy Peoples, Dewayne Richardson. (Stewart, Aimee) (Entered: 03/21/2016) | |||
| 2016-03-22 | 320 | 0 | LETTER from Roderick Lancaster re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-partry Roderick Lancaster informs the Court that the Free Start Program Petition is asking United States District Judge Shira A. Scheindlin to use the power of the Court in the interest of justice to apply the Fee Start Program, and to allow every inmate in DOCCS custody to participate in this Agreement equally, as a whole etc. (sc) (Entered: 03/22/2016) | |||
| 2016-03-22 | 321 | 0 | LETTER addressed to Judge Shira A. Scheindlin from William F. Bonez dated 2/19/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - NONCOMPLIANCE WITH KEY PROVISIONS OF THE INTERIM AGREEMENT BY SUPERINTENDNT OF THE UPSTATE PRISON IN PEOPLES V. FISCHER, 11-CV-2694. (sc) (Entered: 03/23/2016) | |||
| 2016-03-22 | 322 | 0 | LETTER from Luis Gilberto Diaz, Jr. re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Luis Gilberto Diaz informs the Court that he would like to join this case with other SHU prisoners throughout New York State etc. (sc) (Entered: 03/23/2016) | |||
| 2016-03-23 | 323 | 0 | DECLARATION of Thomas Goetz in Support re: 315 FINAL MOTION for Settlement Approval.. Document filed by Anthony Annucci, Norman Bezio, Diane Catalfu, James Cavaleri, L. Collins, Curtis Drown, Patrick Griffin, Sabina Kaplan, William Lee, Ada Perez, William Powers, Albert Prack, David Rock. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Brewster, Richard) (Entered: 03/23/2016) | |||
| 2016-03-25 | 324 | 0 | LETTER from Todd Branham, dated 3/14/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Todd Branham informs the Court that it shall be fair and reasonable for any inmate who has been placed in the SHU confinement and speaks up in this lawsuit challenging the constitutionality of disciplinary confinement sanctions and conditions of Special Housing Units in the New York State Prison System. (sc) (Entered: 03/25/2016) | |||
| 2016-03-25 | 325 | 0 | LETTER from Marcus Telesford, dated 3/20/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Marcus Telesford informs the Court that ninety-eight percent of the class members in this class action were not informed of this settlement agreement nor do they consent to the terms of this settlement. (sc) (Entered: 03/25/2016) | |||
| 2016-03-25 | 326 | 0 | LETTER from Carolyn Simon dated 3/17/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Carolyn Simon informs the Court that it is not right what she is going through etc. (sc) (Entered: 03/25/2016) | |||
| 2016-03-25 | 327 | 0 | VERIFIED AMICUS BRIEF OF SCOTT MYERS, INMATE 14A1568. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(sc) (Entered: 03/28/2016) | |||
| 2016-03-28 | 328 | 0 | LETTER from Darryl Moore re: ( SOLITARY CONFINEMENT SETTLEMENT) - Non-party Darryl Moore informs the Court that he wants to know about the Settlement and how it can help his situation, in that he has been in the SHU for close to eighteen(18) months. (sc) (Entered: 03/29/2016) | |||
| 2016-03-31 | 329 | 0 | OPINION AND ORDER #106383 re: 315 FINAL MOTION for Settlement Approval. filed by Dewayne Richardson, Tonja Fenton, Leroy Peoples. This Settlement Agreement represents a significant step toward improving the conditions of solitary confinement throughout New York State. Nonetheless, it could not and did not address every problem experienced by prisoners in general or in solitary confinement in particular. Further reforms are likely to follow, especially when the Attorney General, representing the people of New York, has demonstrated his strong commitment to improving the conditions of confinement for prisoners within the State's custody. This litigation, and the way it has been handled by all of the attorneys, is the best example of the power of impact litigation to redress conditions that affect the most vulnerable members of our society. Another benefit of the successful resolution of this case is that it will undoubtedly inspire other members of the legal community to accept representation of individuals like Mr. Peoples, Mr. Richardson, and Ms. Fenton - who, with the help of outstanding counsel, were able to bring about the system-wide result that the Court approves today. For the foregoing reasons, the Joint Motion for Final Approval of Settlement is GRANTED. The Clerk of the Court is directed to close this motion (Dkt. No. 315). (As further set forth in this Order.) (Signed by Judge Shira A. Scheindlin on 3/31/2016) (kgo) Modified on 4/14/2016 (ca). (Entered: 03/31/2016) | |||
| 2016-04-01 | 330 | 0 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Taylor Pendergrass dated 4/1/16 re: Counsel writes to request that the Court publicly file the following previously confidential attachments to the Settlement Agreement, submitted to the Court by Mr. Brewster by email on January 19, 2016, and attached to this letter (1) DOCCS Modified Guidelines, (2) Guidance to Hearing Officers, (3) PIMS Chart, and (4) Fishkill Inmate Double Cell Criteria. The parties agree that these attachments are important substantive pieces of the Settlement Agreement, and there is no longer any need for confidentiality. ENDORSEMENT: SO ORDERED. (Signed by Judge Shira A. Scheindlin on 4/1/2016) (mro) (Entered: 04/04/2016) | |||
| 2016-04-01 | 331 | 0 | ORDER GRANTING THE PARTIES' JOINT MOTION FOR FINAL APPROVAL OF CLASS-ACTION SETTLEMENT: The Court, having previously granted preliminary approval of the parties' Settlement Agreement, and having held a hearing on the fairness of the Settlement Agreement following a notice and comment period for all class members, and having considered the Third Amended Complaint, the Settlement Agreement, the memorandum and declarations submitted in support of the parties' Joint Motion for Preliminary Approval of the Class-Action Settlement, the comments received from class members, and the memorandum and declarations submitted in support of the parties' present Joint Motion for Final Approval of Class-Action Settlement: FINDS AND ORDERS: 1. For the reasons contained in the Court's written opinion of March 31, 2016 (ECF No. 329), the Court grants final approval of the Settlement Agreement. 2. Accordingly, the Court "so orders" the Settlement Agreement and has attached the "so ordered" Settlement Agreement to this Order. 3. The parties shall execute the Stipulation of Dismissal, attached to the Settlement Agreement as Exhibit 1, and to file it with the Court forthwith. Upon filing the Court will endorse the Stipulation, dismissing the case with prejudice with the Court retaining jurisdiction to enforce the Settlement Agreement in accordance with Section XIII of the Settlement Agreement until its termination as set forth in Section XVII of the Agreement. (Signed by Judge Shira A. Scheindlin on 4/1/2016) (mro) (Entered: 04/04/2016) | |||
| 2016-04-04 | 332 | 0 | STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between the parties, by their respective counsel, that pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, this Action be and hereby is dismissed and discontinued with prejudice. The Court retains jurisdiction to enforce the Settlement Agreement entered into on December 15, 2015, as set forth in, and subject to § XIII of the Agreement, until its termination as set forth in § XVII of the Agreement. So Ordered. (Signed by Judge Shira A. Scheindlin on 4/4/2016) (kl) (Entered: 04/05/2016) | |||
| 2016-04-06 | 333 | 0 | LETTER from Russell Hanson, dated 3/30/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Russell Hanson requests that the Court inform him as to the hearing which took place on 3/28/16 in regard to the above subject(as indicated). (sc) (Entered: 04/06/2016) | |||
| 2016-04-06 | 334 | 0 | LETTER from Ricardo Maisonet, a non-party, dated 3/28/16 re: (SOLITARY CONFINEMENT SETTLEMENT) -OUTCOME OF THIS CONFINEMENT. (sc) (Entered: 04/07/2016) | |||
| 2016-04-07 | 335 | 0 | LETTER from Jose M. Hiralta dated 4/3/16 re: SOLITARY CONFINEMENT SETTLEMENT) -Plaintiff seeks Court assistance in restoring his good time to him. (sc) (Entered: 04/08/2016) | |||
| 2016-03-31 | 336 | 0 | INTERNET CITATION NOTE: Material from decision with Internet citation re: 329 Memorandum & Opinion. (Attachments: # 1 Internet Citation) (vf) (Entered: 04/13/2016) | |||
| 2016-04-13 | 337 | 0 | TRANSCRIPT of Proceedings re: HEARING held on 3/28/2016 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/9/2016. Redacted Transcript Deadline set for 5/19/2016. Release of Transcript Restriction set for 7/15/2016.(McGuirk, Kelly) (Entered: 04/13/2016) | |||
| 2016-04-13 | 338 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 3/28/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 04/13/2016) | |||
| 2016-04-14 | 339 | 0 | OPINION AND ORDER #106417: The Opinion and Order issued March 31, 2016 is hereby withdrawn and replaced with this Amended Opinion and Order, issued April 14, 2016. This Amended Opinion contains edits - which do not alter any of the rulings herein - on pages 28 and 29 only. (As further set forth in this Opinion) (Signed by Judge Shira A. Scheindlin on 4/14/2016) (kl) Modified on 5/3/2016 (ca). (Entered: 04/14/2016) | |||
| 2016-04-14 | 340 | 0 | INTERNET CITATION NOTE: Material from decision with Internet citation re: 339 Memorandum & Opinion. (Attachments: # 1 Internet Citation) (vf) (Entered: 04/21/2016) | |||
| 2016-05-05 | 341 | 0 | TRANSCRIPT of Proceedings re: hearing held on 3/28/2016 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/31/2016. Redacted Transcript Deadline set for 6/9/2016. Release of Transcript Restriction set for 8/8/2016.(McGuirk, Kelly) (Entered: 05/05/2016) | |||
| 2016-05-05 | 342 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a hearing proceeding held on 3/28/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/05/2016) | |||
| 2016-05-16 | 343 | 0 | LETTER addressed to Judge Shira A. Scheindlin from John White, dated 5/4/16 re: DECLARATION OF JOHN WHITE(Non-party) DATED (3/4/16). (sc) (Entered: 05/16/2016) | |||
| 2016-05-18 | 344 | 0 | NOTICE OF APPEARANCE by Rebecca Ann Durden on behalf of Anthony Annucci, Norman Bezio, Diane Catalfu, James Cavaleri, L. Collins, Curtis Drown, Patrick Griffin, Sabina Kaplan, William Lee, Ada Perez, William Powers, Albert Prack, David Rock. (Durden, Rebecca) (Entered: 05/18/2016) | |||
| 2016-05-24 | 345 | 0 | LETTER from Abdul-Ali Karim-Rashid dated 5/19/16 re: SOLITARY CONFINEMENT SETTLEMENT. (sc) (Entered: 05/25/2016) | |||
| 2016-06-07 | 346 | 0 | LETTER from Alberto Rodrguez dated 6/2/16 re: (SOLITARY CONFINEMENT SETTLEMENT) - Non-party Alberto Rodriguez requests that the Court send him a copy of this matter. (sc) Modified on 6/8/2016 (sc). (Entered: 06/08/2016) |