Case: Handberry v. Thompson

U.S. Court of Appeals for the Second Circuit

Handberry et al. v. Thompson, Jr. et al.

Handberry et al. v. Thompson, Jr. et al.

Handberry et al. v. Thompson, Jr. et al.

Civil Rights Litigation Clearinghouse

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 268801 (ricm) (Entered: 08/15/1996)

Magistrate Judge Francis is so Designated. (ricm)

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Gen. Pretrial/Including Initial Case Managment Conference....Dispositive Motion ( signed by Judge Kimba M. Wood ) Referred to Magistrate Judge James C. Francis IV (kg) (Entered: 08/20/1996)

RETURN OF SERVICE executed as to The City of New York by personal service, leaving with the NYC Dept. of Law on 8/21/96. Answer due on 9/10/96 for The City of New York (lam) (Entered: 09/06/1996)

Filed Memo_Endorsement on letter to Judge Wood from Dori A. Lewis dated 09/03/96, .. requests that Your Honor waive the requirement in your court rules that a conference among the parties be held before any motion can be filed and instead grant us permission to file our class certification motion without delay. PERMISSION TO MOVE FOR CLASS CERTIFICATION WITHOUT A PREMOTION CONFERENCE IS GRANTED. SO ORDERED. (signed by Judge Kimba M. Wood) (djc) (Entered: 09/11/1996)

Filed Memo-Endorsement on letter to Judge Wood from Stephen Jacoby, Asst. Atty General dated 9/16/96, requesting an extension of the time for deft Commissioner Mills to move or answer ....THE DEADLINE FOR DEFT MILLS TO ANSWER OR MOVE IS HELD IN ABEYANCE PENDING THE PRETRIAL CONFERENCE TO BE SCHEDULED PROMPTLY. SO ORDERED 9/17/96. MAGISTRATE JUDGE FRANCIS ( signed by Magistrate Judge James C. Francis IV ) (lam) (Entered: 09/18/1996)

ORDER, Plaintiffs' counsel shall draft and circulate a stipulation providing for provisional class certification. Set defendant Mills' motion to dismiss to filing deadline for 10/21/96. Plaintiffs shall answer the motion by 11/11/96. Defendant Mills shall reply by 11/25/96, Set discovery due for 4/30/97, Set pretrial order due for 5/30/97. SO ORDERED: ( signed by Magistrate Judge James C. Francis IV ) (ae) (Entered: 09/25/1996)

ORDER, for Moshe Benjamin to appear pro hac vice upon condition that he make formal application for admission pursuant to General Rule 2 of the local rules within 30 days. ( signed by Magistrate Judge James C. Francis IV ); (ae) (Entered: 09/25/1996)

NOTICE OF MOTION by Richard Mills to dismiss the complaint, Return date 12/16/96; attached are papers in support (cd) (Entered: 10/22/1996)

MEMORANDUM by Richard Mills in support of [8-1] motion to dismiss the complaint (cd) (Entered: 10/22/1996)

ANSWER to Complaint by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York (Attorney Georgia Pestana) (kw) (Entered: 10/23/1996)

MEMORANDUM OF LAW by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Wager in opposition to Dismiss. (djc) (Entered: 11/12/1996)

DECLARATION of Marta E. Nelson (djc) (Entered: 11/12/1996)

MEMORANDUM OF LAW by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York in opposition to [8-1] motion to dismiss the complaint (djc) (Entered: 11/14/1996)

STIPULATION and ORDERFOR PROVISIONAL CLASS CERTIFICATION AND NOTICE TO THE CLASS, This action is provisionally certified as a class action for the pltff. class, purs. to F.R.C.P. 23(a) and (b)(2), subject to the following two provisions... see doc. ...SO ORDERED... ( signed by Judge Kimba M. Wood ). (ls) (Entered: 11/21/1996)

REPLY MEMORANDUM OF LAW IN SUPPORT by Richard Mills re: [8-1] motion to dismiss the complaint (djc) (Entered: 11/29/1996)

REPORT AND RECOMMENDATIONS of Magistrate Judge James C. Francis IV Re: [8-1] motion to dismiss the complaint ; ...FOR THE REASONS SET FORTH AVOVE, I RECOMMEND THAT COMMISSIONER MILLS' MOTION TO DISMISS THE COMPLT. BE DENIED. PURS. TO RULE 72 OF THE FRCP, THE PARTIES SHALL HAVE TEN (10) DAYS TO FILE WRITTEN OBJECTIONS TO THIS REPORT AND RECOMMENDATION.... Objections to R and R due by 12/24/96 (ls) (Entered: 12/11/1996)

Filed Memo_Endorsement on letter from Dori A. Lewis dated 12/16/96, I respectfully ask that the scheduled prescribed by Rule 72 be extended. Since I will be out of the country, I agree to an extension of objections until my return on 1/13/97, and ask that I be given until 1/27/97, to respond to any objections fld. by the State deft. ...SO ORDERED... ( signed by Judge Kimba M. Wood ) (ls) (Entered: 12/18/1996)

Filed Memo_Endorsement on letter dated 4/10/97, pretrial order due for 11/28/97, dispositive motion filing deadline for 11/28/97 ( signed by Magistrate Judge James C. Francis IV ) (cd) (Entered: 04/15/1997)

ORDER denying [8-1] motion to dismiss the complaint. ( signed by Judge Kimba M. Wood ); Copies mailed (ae) (Entered: 05/29/1997)

ANSWER to Complaint by Richard Mills (Attorney Moshe Benjamin),; jury demand; Firm of: Attny. Gen. of the State of NY by attorney Moshe Benjamin for defendant Richard Mills (ls) (Entered: 06/10/1997)

ORDER; reset any motion by defts addressing the impact of amendments to IDEA filing deadline for 1/9/98 ; pltff shall answer the motion by 2/6/98, and defts shall submit any reply by 2/13/98 ; reset all discovery due for 6/30/98 ; reset the pretrial order due for 7/31/98, unless any dispositive motion is fld. by that date; if such a motion is fld., the pretrial order shall be due thirty days after the motion is decided ; ( signed by Magistrate Judge James C. Francis IV Copies mailed (ls) (Entered: 12/05/1997)

NOTICE OF MOTION by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York; pursuant to Rule 56 of the FRCP, for partial summary judgment ; pursuant to Rule 57 of the FRCP, for declaratory judgment on plaintiffs' claims under the Individuals with Disabilities Education Act ; with Civil Rule 56.1 Statement and Declaration(s) in support attached.. (ae) (Entered: 01/23/1998)

MEMORANDUM OF LAW by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York in support of [22-1] pursuant to Rule 56 of the FRCP, for partial summary judgment; [22-2] motion pursuant to Rule 57 of the FRCP, for declaratory judgment on plaintiffs' claims under the Individuals with Disabilities Education Act (ae) (Entered: 01/23/1998)

MEMORANDUM by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager in opposition to [22-1] motion pursuant to Rule 56 of the FRCP, for partial summary judgment, [22-2] motion pursuant to Rule 57 of the FRCP, for declaratory judgment on plaintiffs' claims under the Individuals with Disabilities Education Act (cd) (Entered: 02/09/1998)

DECLARATION in opposition by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager [22-1] motion pursuant to Rule 56 of the FRCP, for partial summary judgment, [22-2] motion pursuant to Rule 57 of the FRCP, for declaratory judgment on plaintiffs' claims under the Individuals with Disabilities Education Act (cd) (Entered: 02/09/1998)

Amended Rule 56.1 Statement filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager (ls) (Entered: 02/18/1998)

Filed Memo-Endorsement on letter dated 2/12/98 from Georgia Pestana, granting Municipal Defendants' request for an extension until 2/17/98 to serve their reply to plaintiffs' opposition to their motion for partial summary judgment ( signed by Magistrate Judge James C. Francis IV ) (kw) Modified on 02/19/1998 (Entered: 02/18/1998)

REPLY MEMORANDUM by The City of New York in support of re: [22-1] motion pursuant to Rule 56 of the FRCP, for partial summary judgment. (kw) (Entered: 02/20/1998)

REPORT AND RECOMMENDATION; of Magistrate Judge James C. Francis IV Re: [22-1] motion pursuant to Rule 56 of the FRCP, for partial summary judgment, [22-2] motion pursuant to Rule 57 of the FRCP, for declaratory judgment on plaintiffs' claims under the Individuals with Disabilities Education Act; I recommend that the City defts' motion for summary jdgmt. as to the applicability of the IDEA be denied, that the motion for partial summary jdgmt. relating to the amendments to the IDEA be denied w/o prejudice to renew following submission of an amended complt. by the pltffs, and that declaratory relief be denied; Objections to R and R due by 5/6/98 (ls) (Entered: 04/23/1998)

Filed Memo Endorsement on letter to Judge Francis from Dori Lewis and Heidi Grossman, dated 5/7/98, reset discovery due for 12/15/98 ( signed by Magistrate Judge James C. Francis IV ) (cd) (Entered: 05/13/1998)

ORDER denying [22-1] motion pursuant to Rule 56 of the FRCP, for partial summary judgment; denying [22-2] motion pursuant to Rule 57 of the FRCP, for declaratory judgment on plaintiffs' claims under the Individuals with Disabilities Education Act, the City defts' other motion for partial summary judgment is dismissed without prejudice. The parties are directed to contact Mag. Judge Francis's Chambers to schedule further proceedings in this matter ( signed by Judge Kimba M. Wood ); Copies mailed (cd) (Entered: 06/12/1998)

NOTICE of change of address by Carlos Rivera (jp) (Entered: 09/29/1998)

ORDER, by April 9, 1999, the City defendants shall complete their responses to all outstanding discovery requests and shall submit a privilege log. By April 23, 1999, plaintiffs shall submit their revised discovery responses ; set plaintiff's motion to compel filing deadline for 4/23/99 ; set all fact discovery due for 7/31/99 ; Any tours of correctional facilities by plaintiffs' experts shall be completed by October 15, 1999. Plaintiffs shall submit expert reports by October 29, 1999 Defendants shall submit expert reports by November 12, 1999. All expert discovery shall be completed by November 30, 1999. The pretrial order shall be submitted by December 31, 1999 unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. (signed by Magistrate Judge James C. Francis IV); Copies mailed (djc) (Entered: 03/25/1999)

Pre-trial conference held before Mag. Judge Francis. (emil)

Filed Memo-Endorsement on letter to Mag Judge Francis from Dori Lewis and Janice Birnbaum, dated 4/20/99, motion filing deadline set for 4/30/99 with respect to plntfs motions to compel outstanding discovery (signed by Magistrate Judge James C. Francis IV). (cd) Modified on 04/23/1999 (Entered: 04/22/1999)

Filed Memo-Endorsement on letter by Janice L. Birnbaum to Magistrate Judge Francis dated 5/11/99; granting the parties request that the City Defendant shall submit their opposition to plaintiffs' motion to compel discovery and for a protective order on or before 5/13/99, and that plaintiffs shall submit their reply 4 business days later ( signed by Magistrate Judge James C. Francis IV ) (pl) (Entered: 05/12/1999)

Filed Memo-Endorsement on letter to Mag. Judge Francis from Janice L. Birnbaum dated 5/13/99; granting counsel for City defts request for a 1-day extension of the submission date for the City Defts opposition to pltff's pending application to compel discovery and for a protective order, and for the submission of pltff's reply papers as follows: ; the City Defts will submit their opposition to pltffs' motion on or before 5/14/99, and pltffs will submit their reply 4 business days later ; ( signed by Magistrate Judge James C. Francis IV) (ls) (Entered: 05/17/1999)

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager dated 5/20/99 re in response to the letter submitted by the City defendants' dated 5/14/99. (ri) (Entered: 05/25/1999)

SEALED DOCUMENT placed in vault (af) (Entered: 05/26/1999)

SEALED DOCUMENT placed in vault (kb) (Entered: 07/06/1999)

Memo endorsed on pltffs' request to file document under seal; Application granted ; ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (ls) (Entered: 07/06/1999)

ORDER; with respect to plans for program or policy changes that have not yet been implemented, the City defts' assertion of the privilege is upheld; until a change is implemented the City defts have no argument that pltffs' request for injunctive relief is moot, and it would therefore be premature to breach the privilege. By 7/6/99, the City defts shall submit for my in camera inspection the documents as to which they assert the atty-client privilege and which are listed in Exhibit A to the letter of Dori A. Lewis and Mary Lynne Werlwas dated 4/30/99. By 7/6/99, the City defts shall submit a formal response to the five documents requests idenified on page 2 of the letter of Dori A. Lewis and Mary Lynne Werlwas dated 5/20/99 ; by 7/30/99, the City defts shall produce the requested correctional and educational records for the members of the pltff class, including blind and deaf inmates, as well as the requested housing plans, subject to the protective order agreed to by the parties ; 30-days prior to the close of fact discovery, the City defts shall make a final designation of those witnesses who will actually testify at trial. The Court will not impose any arbitrary limitation on the duration of depositions in this case. However, if any deposition is unjustifiably prolonged, the party defending the deposition may seek an order requiring the shifting of costs, including attys' fees ; the deadline for completion of fact discovery is extended to 10/15/99. ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (sac) (Entered: 07/06/1999)

Filed Memo-Endorsement on letter addressed to Judge Francis from Blanch Greenfield, dated 7/6/99, granting defendants request for an enlargement of time, until 7/9/99, for the City defendants to produce to the Court certain documents for in camera inspection (signed by Magistrate Judge James C. Francis IV); copies mailed. (ri) (Entered: 07/07/1999)

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager addressed to Mag. Judge Francis from Dori A. Lewis, Mary Lynne Werlwas, dated 5/20/99, re: pltffs submit this letter in response to the letter submitted by the City Defts' dtd. 5/14/99 (ls) (Entered: 07/07/1999)

Letter filed by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York addressed to Mag. Judge Francis from Janice L. Birnbaum, dated 5/14/99, re: the City defts request entry of an order that limits ea. deposition to one 7-hour day; counsel also writes to respond to pltffs' letter dtd. 4/30/99. (ls) (Entered: 07/07/1999)

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager addressed to Mag. Judge Francis IV from Dori A. Lewis, Mary Lynne Werlwas, dated 4/30/99, re: pltffs seek an order compelling City defts to respond to discovery requests and to provide answers to deposition questions; the pltffs request a conference before the Court to resolve these issues (ls) (Entered: 07/07/1999)

ORDER, regarding resolution of certain documants for in camera review submitted by the City defendants (signed by Magistrate Judge James C. Francis IV); Copies mailed. (djc) Modified on 07/23/1999 (Entered: 07/21/1999)

STIPULATION and PROTECTIVE ORDER, regarding procedures that will govern the handling of "Covered Documents" ( signed by Magistrate Judge James C. Francis IV ). (cd) Modified on 07/30/1999 (Entered: 07/28/1999)

STIPULATION and ORDER, defendants Board of Education of the City of NY and City of NY shall provide counsel for plaintiffs and defendant Mills with the educational records of members of the plaintiff class who are under 18 at the time they signed releases for such records. The records shall be produced two weeks from the date of mailing of the notice to parents or guardians set forth in this stip and order. Counsel for the City defendants shall send via first class mail copies of the notice annexed hereto. Plaintiffs' counsel shall provide the City defendants' counsel with a complete copy of any written communications received concerning the education records. All verbal inquiries shall be responded to by joint conference call including counsel for plaintiffs and counsel for City defendants. ( signed by Magistrate Judge James C. Francis IV ). (djc) Modified on 07/29/1999 (Entered: 07/28/1999)

Filed Memo-Endorsement on letter addressed to Mag. Judge Francis from Janice L. Birnbaum, dated 07/27/99, atty for defendants enclose for in camera review copies of the drafts of the Inter-Agency Agreement and related documents. Each of the drafts of the Inter-Agency Agreement and the related documents are protected from disclosure by the attorney-client privilege and/or the work product (signed by Magistrate Judge James C. Francis IV); Copies mailed. (djc) Modified on 08/30/1999 (Entered: 08/26/1999)

Notice of reassignment to Judge Constance B. Motley. Copy of notice and judge's rules mailed to Attorney(s) of record: Dori A. Lewis. (em) (Entered: 08/26/1999)

NOTICE of change of address by Carlos Rivera (djc) (Entered: 09/03/1999)

Received copy of Notice of Re-Assignment which had been sent to Dori A. Lewis, Esq., and returned by the U.S.P.O. stamped: "Returned To Sender, Moved, Not Forwardable". (em)

Filed Memo-Endorsement on letter addressed to Mag. Judge Francis from Dori A. Lewis, Mary Lynne Werl, dated 9/8/99, re: request that deadlines for both fact and expert discovery be extended for 3 months, respectively. APPLICATION GRANTED. No further extensions . ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (sn) (Entered: 09/10/1999)

ORDER, parties are notified that this matter has been reassignd from the Hon. Kimba M. Wood to the Hon. Constance Baker Motley ; set pre-trial conference for 2:00 p.m. on 10/20/99. The parties should be prepared to argue any outstanding motions (signed by Judge Constance B. Motley); Copies mailed. (djc) Modified on 09/13/1999 (Entered: 09/13/1999)

ORDER; Eugene Bailey, DIN 97 A 1420, an inmate currently incarcerated at Greenhaven Correctional Facility, shall appear in the place designated by the Superintendent of GHCf, so that Mr. Bailey's deposition may be taken at GHCF beginning at 10:00 a.m. on Tuesday, 10/19/99, and for so long thereafter as the deposition continues, with the continuation date to be agreed to by counsel for all parties and when feasible as soon after the original deposition date as possible ; the superintendent of other official in charge of the current place of incarceration of the inmates listed below, shall produce and transport these inmates from their present place of incarceration to the Sing Sing Correctional Facility, Ossining, New York, so that they may be prepared for and have their depositions taken on the dates listed below, and for so long thereafter as the deposition continues, with the continuation date to be agreed to by counsel for all parties and when feasible as soon after the original depositon date as possible. Each inmate listed in the above paragraph shall appear in the place designated by the Superintendent or other official in charge of the Sing Sing Correctional Facility so that the inmate may be prepared for and have his deposition taken as set forth in this order . ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (pl) (Entered: 09/29/1999)

ORDER, in connection with the inspection of school programs at Rikers Island jail facilities, the City defts shall produce for use only by plntfs' counsel and their experts the class attendance list for each class visited, including the name and inmate number of each student, as further set forth in this document. Counsel may suggest questions to their respective experts ( signed by Judge Constance B. Motley ); Copies mailed. (cd) (Entered: 09/29/1999)

ORDER the Supt. or other official in charge of the current place of incarceration of the following inmates: Michael Johnson, Lamar Jones, Andres Martinez, Kareem Miller, Austin Nunez, Luis Ortiz, Choice Scott, Melissa Wallace, and Jamel White, shall produce and transport the male inmates from their present place of incarceration to the Sing Sing Correctional Facility and the female inmates from their present place of incarceration to Bedford Hills Correctional Facility so that the inmates may be prepared for and have their depositions taken on the dates set forth in this Order, and for so long thereafter as the deposition continues, with the continuation date to be agreed to by counsel for all parties and when feasible as soon after the original deposition date as possible . ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (emil) (Entered: 10/08/1999)

ORDER, at the request of the plaintiff the pre-trial conference scheduled for October 20, 1999 is rescheduled ; The parties are notified that a pre-trial conference in this action is scheduled for 10:30 a.m. on Wednesday, November 17, 1999 in courtroom 26-A in the United States Courthouse at 500 Pearl Street. All parties must arrive prepared for hearing on all pending motions ; (signed by Judge Constance B. Motley); Copies mailed. (djc) Modified on 10/13/1999 (Entered: 10/12/1999)

PRE-TRIAL SCHEDULE and ORDER: the next pre-trial conference shall be held in Room 26A on 1/7/00 at 10:00 a.m., at which time the motion will be heard; pltffs are directed to file a motion for declaratory judgment that their rights to education while incarcerated have been violated and for an Order directing defts to file a plan for meeting the educational requirements of pltff on or before 12/1/99; defts will have until 12/15/99 to answer; pltff will have until 12/22/99 to reply. ( signed by Judge Constance B. Motley ); Copies mailed. (jp) Modified on 11/23/1999 (Entered: 11/22/1999)

ORDER, by order of 11/17/99, pltffs were instructed to file a motion for declaratory judgment by 12/1/99; defts to file an answer by 12/15/99; and pltffs to reply by 12/22/99. The parties joint request to reconsider [58-1] Scheduling order or postpont these filing deadlines is denied . ( signed by Judge Constance B. Motley ); Copies mailed. (sn) Modified on 11/29/1999 (Entered: 11/29/1999)

SEALED DOCUMENT placed in vault. (af) (Entered: 12/03/1999)

Memo-Endorsement on letter addressed to Mag. Judge Francis from Janice L. Birnbaum, dated 11/29/99. Re: the parties jointly request a brief conference before the Court to discuss the timely completion of discovery in light of the briefing schedule and motion pending before Judge Motley. Application denied; The discovery schedule shall be adhered to ; ( by Magistrate Judge James C. Francis IV ); copies mailed. (ls) (Entered: 12/06/1999)

ORDER, the deft's request to postpone the deadline for the opposition brief to plntfs motion for declaratory judgment until 12/17/99 is granted. The plntf's request to postpone the deadline for filing the reply brief until 1/3/00 is granted. All page limits remain in effect ( signed by Judge Constance B. Motley ); Copies mailed. (cd) Modified on 12/20/1999 (Entered: 12/16/1999)

SEALED DOCUMENT placed in vault. (da) (Entered: 12/28/1999)

NOTICE OF CROSS MOTION by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York; for an order pursuant for summary judgment and dismissing the Complaint ; w/ attch. Rule 56.1stmt., declarations in support by Wagenstein Lisante, Ortiz, Volpini, Ray and Amended Delaration in support by Colon; Return date: 1/7/2000. (pl) (Entered: 12/27/1999)

MEMORANDUM OF LAW by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York in suppoet of re: [63-1] cross motion an order pursuant for summary judgment and dismissing the Complaint and in opposition to plaintiffs' motion for declaratory and parital summary judgment; w/ attch. appendix (pl) Modified on 12/27/1999 (Entered: 12/27/1999)

SEALED DOCUMENT placed in vault. (da) (Entered: 12/28/1999)

MEMORANDUM OF LAW by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager in opposition to [63-1] cross motion for an order pursuant for summary judgment and dismissing the Complaint; and reply memorandum in support of pltffs' motion for declaratory judgment and partial summary judgment. (Rec'd in N.B. 1/3/00 8:50 PM) (sn) Modified on 01/05/2000 (Entered: 01/05/2000)

ANNOTATED RULE 56.1 STATEMENT in support of motion for delcaratory judgment and partial summary judgment filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager. (Rec'd in N.B. 1/3/00 8:51 PM) (sn) (Entered: 01/05/2000)

RESPONSE to City Defts' Rule 56.1 statement of facts in support of their cross-motion for summary judgment by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager. (Rec'd in N.B. 1/3/00 8:51 PM) (sn) Modified on 01/05/2000 (Entered: 01/05/2000)

ORDER; defts' request to adjourn the conference scheduled for 1/7/00 is denied; all other deadlines remain in effect ; ( signed by Judge Constance B. Motley ); copies mailed (ls) (Entered: 01/11/2000)

SCHEDULE and ORDER: that the next pre-trial conference shall be held in Room 26A on 6/15/00 at 10:00 a.m., at which time all objections to the defts plan will be heard; the motion for a declaratory judgment by pltff in its favor is granted as to all facilities at Riker's Island ; opinion follows, defts will have until 4/14/00 to serve and file a plan for providing full and complete educational facilities and services to all eligible Riker's Island inmates. Pltffs will have until 6/12/00 to file its objections. There will be no extensions of time granted as to the foregoing schedule . ( signed by Judge B. Motley ); Copies mailed. (jp) (Entered: 01/14/2000)

Letter filed by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York addressed to Magistrate Judge Francis from Janice L. Birnbaum in support of their request for an order limiting the tours of pltffs' security and educational experts. (sac) (Entered: 01/25/2000)

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager addressed to Magistrate Judge Francis from Dori A. Lewis and Mary Lynne Werlwas, dated 9/27/99; Re: pltffs write to oppose the City defts' motion for a protective order. (sac) (Entered: 01/25/2000)

Letter filed by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York addressed to Magistrate Judge Francis from Georgia Pestana, dated 12/1/97; Re: counsel writes to present the City defts' position with respect to the proposed invocation of the deliberative process privilege in upcoming depositions. (sac) (Entered: 01/25/2000)

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager addressed to Magistrate Judge Francis from Marta Nelson, dated 12/3/97; Re: pltffs write briefly in response to defts' 12/1 letter regarding their assertion of the deliberative process privilege. (sac) (Entered: 01/25/2000)

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager addressed to Magistrate Judge Francis from Dori A. Lewis, dated 12/10/99; Re: pltffs submit this letter brief as a motion purs. to FRCP 26 and 27 to compel the City defts to respond to discovery demands. (sac) (Entered: 01/25/2000)

Letter filed by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York addressed to Magistrate Judge Francis from Janice L. Birnbaum, dated 1/2/00; Re: this letter is submitted both (a) as a cross-motion to quash the deposition notices for Deputy Warden Rivituso, Deputy Warden Skinner, and Esteban Colon, to set time limits on 31 other noticed depositions of fact witnesses for the City Defts, and to limit the scope of the documents to be produced under the deposition notices directed to the custodians of records at four of DOC jails, and (b) in response to pltffs' letter to Your Honor dated 12/10/99, to compel certain discovery. (sac) (Entered: 01/25/2000)

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager addressed to Mag. Judge Francis from Marta Nelson, Dori A. Lewis, dated 11/21/97, re: counsel for pltffs write to apprise the Court of a controversey regarding defts' proposed invocation of the deliberative process privilege to stop certain questions pltffs plan to ask of City policymakers during their upcoming depositions. (sn) (Entered: 01/25/2000)

NOTICE of change of office phone number by Board of Education, The City of New York (pl) (Entered: 02/14/2000)

Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of 1/7/00. (cd) (Entered: 03/07/2000)

OPINION GRANTING DECLARATORY JUDGMENT #83619, for the reasons (outlined within this document) the court granted plntfs' motion for declaratory judgment, establishing the City defts' liability for failure to provide adequate general and special educational services to class members at the facilities on Rikers Island ( signed by Judge Constance B. Motley ); Copies mailed. (cd) (Entered: 03/14/2000)

Education Plan For The Rikers Island Academies by The City Defts. defts (ls) Modified on 05/08/2000 (Entered: 05/08/2000)

ORDER; pltffs' request to postpone the deadline for their response to defts' remedial plan and the hearing thereon is granted; pltffs' response is due by Friday, 6/23/00 ; the hearing on defts' remedial plan will be held on Wednesday, 6/28/00 at 10:00 a.m., in Courtroom 26A at 500 Pearl Street ; ( signed by Judge Constance B. Motley ); Copies mailed. (lf) (Entered: 05/11/2000)

NOTICE OF MOTION by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager purs. to FRCP 56 for declaratory judgment and partial summary judgment against defts the City of New York, the Board of Education of the City of New York, William C. Thompson, Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Michael Jacobson, Eric Taylor and Frederick Patrick . Return date 1/7/00. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) (Entered: 06/15/2000)

MEMORANDUM OF LAW by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager in support of [84-1] motion purs. to FRCP 56 for declaratory judgment and partial summary judgment against defts the City of New York, the Board of Education of the City of New York, William C. Thompson, Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Michael Jacobson, Eric Taylor and Frederick Patrick. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) (Entered: 06/15/2000)

RULE 56.1 STATEMENT filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) (Entered: 06/15/2000)

DECLARATION of Dori A. Lewis by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager in support Re: [84-1] motion purs. to FRCP 56 for declaratory judgment and partial summary judgment against defts the City of New York, the Board of Education of the City of New York, William C. Thompson, Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Michael Jacobson, Eric Taylor and Frederick Patrick. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) (Entered: 06/15/2000)

Exhibits in support of pltffs' motion for declaratory judgment and partial summary judgment - Volume 1. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) Modified on 06/15/2000 (Entered: 06/15/2000)

Exhibits in support of pltffs' motion for declaratory judgment and partial summary judgment - Volume II. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) (Entered: 06/15/2000)

Exhibits in support of pltffs' motion for declaratory judgment and partial summary judgment - Volume III. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) Modified on 06/15/2000 (Entered: 06/15/2000)

Exhibits in support of pltffs' motion for declaratory judgment and partial summary judgment - Volume IV. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) (Entered: 06/15/2000)

Objection(s) by Zakunda-Ze Handberry, Marlon Coleman et al to City Defts' Education Plan for the Rikers Island Academies (cd) (Entered: 06/27/2000)

DECLARATION of Robert Rutherford by Zakunda-Ze Handberry, Marlon Coleman in support Re: [92-1] miscellaneous . (cd) (Entered: 06/27/2000)

DECLARATION of Robert Sattler by Zakunda-Ze Handberry, Marlon Coleman in support Re: [92-1] miscellaneous . (cd) (Entered: 06/27/2000)

DECLARATION of Patrick McManus by Zakunda-Ze Handberry, Marlon Coleman et al in support Re: [92-1] miscellaneous (cd) (Entered: 06/27/2000)

ORDER; regarding City's proposed plan after the hearings of June 28 and June 29,000, the Court order as set forth in this Order; the next conference in this case will be held on 9/11/00 at 3:30 p.m. in Courtroom 26A . ( signed by Judge Constance B. Motley ); Copies mailed. (pl) (Entered: 06/30/2000)

Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of 6/29/00. (jp) (Entered: 09/06/2000)