Case: Messiah S. v. Alexander

1:07-cv-01327 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 22, 2007

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On February 22, 2007, plaintiffs filed this class action seeking prospective declaratory and injunctive relief in the U.S. District Court for the Southern District of New York, basing their lawsuit upon alleged violations of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act, 29 U.S.C. § 794; 42 U.S.C. § 1983; and federal common law. They also claimed violations of numerous state constitution provisions, statutes, and regulations governing ser…

On February 22, 2007, plaintiffs filed this class action seeking prospective declaratory and injunctive relief in the U.S. District Court for the Southern District of New York, basing their lawsuit upon alleged violations of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; Section 504 of the Rehabilitation Act, 29 U.S.C. § 794; 42 U.S.C. § 1983; and federal common law. They also claimed violations of numerous state constitution provisions, statutes, and regulations governing services for handicapped persons, public accommodations, public assistance programs, health care, and due process. The plaintiffs, also seeking an award of attorney's fees and litigation expenses, were represented by private counsel and attorneys from The Legal Aid Society (New York City) and the Urban Justice Center.

The plaintiffs, indigent New York City residents with psychiatric disabilities who are under the supervision of the New York State Division of Parole ("DOP"), or who are soon to be released to New York City from a New York State prison under DOP supervision, alleged that their psychiatric disabilities' symptoms interfere with major life activities such as thinking, concentrating, interacting with others, caring for oneself, working, and remembering and processing information. Qualified to participate in the parole, conditional release or post-release supervision programs (collectively referred to as "the parole program"), the plaintiffs asserted that they require disability accommodations in the form of pre-release planning and appropriate transitional services in order to be successful in the parole program and have access to the services it offers. Due to their lack of financial resources, the plaintiffs qualified for one or more public benefits programs, but stated that they required accommodations for their disability in the form of assistance with pre-release applications and post-release services to obtain and maintain access to these benefits programs. The defendants consisted of the DOP, additional state agencies responsible for mental health and benefits programs, and various state officials administering these agencies.

The plaintiffs alleged that the release from prison of members of their class without having been provided appropriate pre-release planning services results in a "revolving door" system in which they are likely return to prison because they fail while on parole supervision, the state not having accommodated their disabilities. In this regard, plaintiffs stated that adequate pre-release planning for prisoners with psychiatric disabilities includes assisting them in completing, submitting, and monitoring the processing of applications for public benefits such as Medicaid, Social Security disability benefits, Family Assistance and Safety Net Assistance (collectively referred to as "Temporary Assistance"), and Food Stamps, such that those benefits are available to the prisoners promptly upon their release from prison into the Parole Program. Adequate pre-release planning also, they alleged, includes helping prisoners secure community mental health services, supportive housing, and enrollment in vocational, educational and/or substance abuse programs. Their complaint added that parolees with psychiatric disabilities also need continued assistance throughout their time in the parole program with securing benefits, programs and services not secured prior to release, with implementing a coordinated plan of mental health care, and with addressing additional needs or problems that arise while on parole.

The case was assigned to District Judge Miriam Goldman Cedarbaum. On several occasions in the ensuing months, she extended the period of time for the defendants to file answers and motions in response to the complaint. The PACER docket entries for the case reflect that these extensions result from settlement discussions between the parties. Also, due to the settlement negotiations, the plaintiffs withdrew on April 23, 2007, their motion for class certification without prejudice to the right to re-file it, should no settlement occur.

On February 14, 2011, after many years of extensions on the defendants' time to answer the complaint, the plaintiffs voluntarily dismissed the case without prejudice.

Summary Authors

Kristen Sagar (4/28/2009)

Anjali Biala (1/7/2014)

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People


Judge(s)

Cedarbaum, Miriam Goldman (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Boston, John (New York)

Ginsberg, Betsy R. (New York)

Holder, Adriene L. (New York)

Kelleher, Kathleen M. (New York)

Klazen, Josef Maxim (New York)

Parish, Jennifer J. (New York)

Rosenberg, Scott Alan (New York)

Ryan, Antony L. (New York)

Judge(s)

Cedarbaum, Miriam Goldman (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Boston, John (New York)

Ginsberg, Betsy R. (New York)

Holder, Adriene L. (New York)

Kelleher, Kathleen M. (New York)

Klazen, Josef Maxim (New York)

Parish, Jennifer J. (New York)

Rosenberg, Scott Alan (New York)

Ryan, Antony L. (New York)

Smith, Cody Ryan (District of Columbia)

Stephens, Kenneth (New York)

Teachout, Chelsea Willow (New York)

Zulandt, Michael P. (New York)

Attorneys(s) for Defendant

Curtis, Edward Joseph Jr. (New York)

Dantowitz, Jeffrey S. (New York)

Goldberg, Jane R. (New York)

Konowitz, Marc Alan (New York)

Rubin, Ivan B. (New York)

Schwartz, John Michael (New York)

Documents in the Clearinghouse

Document

1:07-cv-01327

Docket [PACER]

Feb. 14, 2011

Feb. 14, 2011

Docket
1

1:07-cv-01327

Complaint - Class Action

Feb. 22, 2007

Feb. 22, 2007

Complaint
70

1:07-cv-01327

Notice of Dismissal

Feb. 14, 2011

Feb. 14, 2011

Notice Letter

Resources

Docket

Last updated Aug. 11, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against George B. Alexander, New York State Division of Parole, New York State Office of Mental Health, Michael F. Hogan, New York State Department of Health, Richard F. Daines, New York State Office of Temporary and Disability Assistance, David A. Hansell, New York City Department of Health and Mental Hygiene, Thomas R. Frieden, New York City Human Resources Administration, Robert L. Doar. (Filing Fee $ 350.00, Receipt Number 606955)Document filed by Jessie E., Greg W., Alberto B., Sheldon D., Messiah S., Viken M., Quintin V..(mbe) Additional attachment(s) added on 3/1/2007 (Becerra, Maribel). (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

SUMMONS ISSUED as to George B. Alexander, New York State Division of Parole, New York State Office of Mental Health, Michael F. Hogan, New York State Department of Health, Richard F. Daines, New York State Office of Temporary and Disability Assistance, David A. Hansell, New York City Department of Health and Mental Hygiene, Thomas R. Frieden, New York City Human Resources Administration, Robert L. Doar. (mbe) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

Magistrate Judge Frank Maas is so designated. (mbe) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

Case Designated ECF. (mbe) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

2

MOTION to Certify Class. Document filed by Jessie E., Greg W., Alberto B., Sheldon D., Messiah S., Viken M., Quintin V..Responses due by 3/12/2007,Return Date set for 3/22/2007 09:30 AM.(Ryan, Antony) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

3

MEMORANDUM OF LAW in Support re: 2 MOTION to Certify Class.. Document filed by Jessie E., Greg W., Alberto B., Sheldon D., Messiah S., Viken M., Quintin V.. (Attachments: # 1 Text of Proposed Order for Class Certification)(Ryan, Antony) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

4

DECLARATION of ALBERTO, B. in Support re: 2 MOTION to Certify Class.. Document filed by Jessie E., Greg W., Alberto B., Sheldon D., Messiah S., Viken M., Quintin V.. (Ryan, Antony) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

5

DECLARATION of GREGORY, W. (REDACTED) in Support re: 2 MOTION to Certify Class.. Document filed by Jessie E., Greg W., Alberto B., Sheldon D., Messiah S., Viken M., Quintin V.. (Ryan, Antony) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

6

DECLARATION of JESSIE, E. (REDACTED) in Support re: 2 MOTION to Certify Class.. Document filed by Jessie E., Greg W., Alberto B., Sheldon D., Messiah S., Viken M., Quintin V.. (Ryan, Antony) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

7

DECLARATION of QUINTIN, V. (REDACTED) in Support re: 2 MOTION to Certify Class.. Document filed by Jessie E., Greg W., Alberto B., Sheldon D., Messiah S., Viken M., Quintin V.. (Ryan, Antony) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

8

DECLARATION of SHELDON, D. (REDACTED) in Support re: 2 MOTION to Certify Class.. Document filed by Jessie E., Greg W., Alberto B., Sheldon D., Messiah S., Viken M., Quintin V.. (Ryan, Antony) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

9

DECLARATION of VIKEN, M. (REDACTED) in Support re: 2 MOTION to Certify Class.. Document filed by Jessie E., Greg W., Alberto B., Sheldon D., Messiah S., Viken M., Quintin V.. (Ryan, Antony) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

10

DECLARATION of MESSIAH, S. (REDACTED) in Support re: 2 MOTION to Certify Class.. Document filed by Jessie E., Greg W., Sheldon D., Messiah S., Viken M., Quintin V.. (Ryan, Antony) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

11

DECLARATION of JENNIFER J. PARISH in Support re: 2 MOTION to Certify Class.. Document filed by Jessie E., Greg W., Alberto B., Sheldon D., Messiah S., Viken M., Quintin V.. (Ryan, Antony) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

12

DECLARATION of BETSY GINSBERG in Support re: 2 MOTION to Certify Class.. Document filed by Jessie E., Greg W., Alberto B., Sheldon D., Messiah S., Viken M., Quintin V.. (Ryan, Antony) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

14

DECLARATION of ANTONY L. RYAN in Support re: 2 MOTION to Certify Class.. Document filed by Jessie E., Greg W., Alberto B., Sheldon D., Messiah S., Viken M., Quintin V.. (Attachments: # 1 Exhibit H# 2 Exhibit I# 3 Exhibit J# 4 Exhibit K# 5 Exhibit L# 6 Exhibit M# 7 Exhibit N)(Ryan, Antony) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

15

AFFIDAVIT OF SERVICE of NOTICE OF MOTION FOR CLASS CERTIFICATION &SUPPORTING PAPERS served on ALL DEFENDANTS on 2/23/2007. Service was made by MAIL. Document filed by Jessie E., Greg W., Alberto B., Sheldon D., Messiah S., Viken M., Quintin V.. (Ryan, Antony) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

16

NOTICE OF APPEARANCE by Edward J. Curtis, Jr on behalf of George B. Alexander, New York State Division of Parole, New York State Office of Mental Health, Michael F. Hogan, New York State Department of Health, Richard F. Daines, New York State Office of Temporary and Disability Assistance, David A. Hansell (Curtis, Edward) (Entered: 02/27/2007)

Feb. 27, 2007

Feb. 27, 2007

17

NOTICE OF APPEARANCE by John Michael Schwartz on behalf of George B. Alexander, New York State Division of Parole, New York State Office of Mental Health, Michael F. Hogan, New York State Department of Health, Richard F. Daines, New York State Office of Temporary and Disability Assistance, David A. Hansell (Schwartz, John) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

18

NOTICE OF APPEARANCE by Ivan B. Rubin on behalf of George B. Alexander (Rubin, Ivan) (Entered: 03/07/2007)

March 7, 2007

March 7, 2007

19

NOTICE OF APPEARANCE by Ivan B. Rubin on behalf of Richard F. Daines (Rubin, Ivan) (Entered: 03/07/2007)

March 7, 2007

March 7, 2007

20

NOTICE OF APPEARANCE by Ivan B. Rubin on behalf of David A. Hansell (Rubin, Ivan) (Entered: 03/07/2007)

March 7, 2007

March 7, 2007

21

NOTICE OF APPEARANCE by Ivan B. Rubin on behalf of Michael F. Hogan (Rubin, Ivan) (Entered: 03/07/2007)

March 7, 2007

March 7, 2007

22

NOTICE OF APPEARANCE by Ivan B. Rubin on behalf of New York State Department of Health (Rubin, Ivan) (Entered: 03/07/2007)

March 7, 2007

March 7, 2007

23

NOTICE OF APPEARANCE by Ivan B. Rubin on behalf of New York State Division of Parole (Rubin, Ivan) (Entered: 03/07/2007)

March 7, 2007

March 7, 2007

24

NOTICE OF APPEARANCE by Ivan B. Rubin on behalf of New York State Office of Mental Health (Rubin, Ivan) (Entered: 03/07/2007)

March 7, 2007

March 7, 2007

25

NOTICE OF APPEARANCE by Ivan B. Rubin on behalf of New York State Office of Temporary and Disability Assistance (Rubin, Ivan) (Entered: 03/07/2007)

March 7, 2007

March 7, 2007

26

NOTICE OF APPEARANCE by Jeffrey Scott Dantowitz on behalf of New York City Department of Health and Mental Hygiene, Thomas R. Frieden, New York City Human Resources Administration, Robert L. Doar (Dantowitz, Jeffrey) (Entered: 03/14/2007)

March 14, 2007

March 14, 2007

27

CERTIFICATE OF SERVICE of Summons and Complaint,,. New York City Department of Health and Mental Hygiene served on 2/23/2007, answer due 3/15/2007. Service was accepted by Edna Gonzalez, Secretary to General Counsel. Document filed by Jessie E.; Greg W.; Alberto B.; Sheldon D.; Messiah S.; Viken M.; Quintin V.. (Ryan, Antony) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

28

CERTIFICATE OF SERVICE of Summons and Complaint,,. Thomas R. Frieden served on 2/23/2007, answer due 3/15/2007. Service was accepted by Edna Gonzalez, Secretary to General Counsel. Document filed by Jessie E.; Greg W.; Alberto B.; Sheldon D.; Messiah S.; Viken M.; Quintin V.. (Ryan, Antony)

March 19, 2007

March 19, 2007

30

CERTIFICATE OF SERVICE of Summons and Complaint,,. Robert L. Doar served on 2/23/2007, answer due 3/15/2007. Service was accepted by Nathan Solomon, Subpoena Processor. Document filed by Jessie E.; Greg W.; Alberto B.; Sheldon D.; Messiah S.; Viken M.; Quintin V.. (Ryan, Antony) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

31

CERTIFICATE OF SERVICE of Summons and Complaint,,. New York State Office of Temporary and Disability Assistance served on 2/23/2007, answer due 3/15/2007. Service was accepted by Z. Zaman, Clerk and Totlyn M. Lewis, Clerk. Document filed by Jessie E.; Greg W.; Alberto B.; Sheldon D.; Messiah S.; Viken M.; Quintin V.. (Ryan, Antony) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

32

CERTIFICATE OF SERVICE of Summons and Complaint,,. David A. Hansell served on 2/23/2007, answer due 3/15/2007. Service was accepted by Z. Zaman, Clerk and Totlyn M. Lewis, Clerk. Document filed by Jessie E.; Greg W.; Alberto B.; Sheldon D.; Messiah S.; Viken M.; Quintin V.. (Ryan, Antony) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

33

CERTIFICATE OF SERVICE of Summons and Complaint,,. New York State Department of Health served on 2/23/2007, answer due 3/15/2007. Service was accepted by Joseph C. Bierman and Totlyn M. Lewis, Clerk. Document filed by Jessie E.; Greg W.; Alberto B.; Sheldon D.; Messiah S.; Viken M.; Quintin V.. (Ryan, Antony) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

34

CERTIFICATE OF SERVICE of Summons and Complaint,,. Richard F. Daines served on 2/23/2007, answer due 3/15/2007. Service was accepted by Joseph C. Bierman, Principal Attorney and Totlyn M. Lewis, Clerk. Document filed by Jessie E.; Greg W.; Alberto B.; Sheldon D.; Messiah S.; Viken M.; Quintin V.. (Ryan, Antony) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

35

CERTIFICATE OF SERVICE of Summons and Complaint,,. New York State Division of Parole served on 2/23/2007, answer due 3/15/2007. Service was accepted by Robin Filmer, Administrative Assistant and Totlyn M. Lewis, Clerk. Document filed by Jessie E.; Greg W.; Alberto B.; Sheldon D.; Messiah S.; Viken M.; Quintin V.. (Ryan, Antony) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

36

CERTIFICATE OF SERVICE of Summons and Complaint,,. George B. Alexander served on 2/23/2007, answer due 3/15/2007. Service was accepted by Robin Filmer, Administrative Assistant and Totlyn M. Lewis, Clerk. Document filed by Jessie E.; Greg W.; Alberto B.; Sheldon D.; Messiah S.; Viken M.; Quintin V.. (Ryan, Antony) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

37

CERTIFICATE OF SERVICE of Summons and Complaint,,. New York State Office of Mental Health served on 2/23/2007, answer due 3/15/2007. Service was accepted by Peter A. Durfee, Deputy Counsel Litigation and Totlyn M. Lewis, Clerk. Document filed by Jessie E.; Greg W.; Alberto B.; Sheldon D.; Messiah S.; Viken M.; Quintin V.. (Ryan, Antony) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

38

CERTIFICATE OF SERVICE of Summons and Complaint,,. Michael F. Hogan served on 2/23/2007, answer due 3/15/2007. Service was accepted by Peter A. Durfee, Deputy Counsel Litigation and Totlyn M. Lewis, Clerk. Document filed by Jessie E.; Greg W.; Alberto B.; Sheldon D.; Messiah S.; Viken M.; Quintin V.. (Ryan, Antony) (Entered: 03/19/2007)

March 19, 2007

March 19, 2007

39

STIPULATION: defendants time to answer or move with respect to the complaint shall be extended to 4/19/07; Plaintiff's Motion for Class Certification, noticed for 3/22/07, shall be adjourned to 5/3/07 at 9:30 a.m.; defendants' time to serve response by 4/19/07 at noon; plaintiffs' time to serve replies by 5/1/07 at noon. (Signed by Judge Miriam Goldman Cedarbaum on 3/19/07) (db) (Entered:

March 19, 2007

March 19, 2007

Set/Reset Deadlines: Motions due by 5/3/2007. (db) (Entered: 03/20/2007)

March 19, 2007

March 19, 2007

40

NOTICE OF APPEARANCE by Marc Alan Konowitz on behalf of George B. Alexander, New York State Division of Parole, New York State Office of Mental Health, Michael F. Hogan, New York State Department of Health, Richard F. Daines, New York State Office of Temporary and Disability Assistance, David A. Hansell (Konowitz, Marc) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

41

STIPULATION AND ORDER that the dfts' time to answer or move with respect to the complaint shall be extended from 4/19/07 to ans including 6/19/07; plaintiffs agree that, pending discussions with the dfts of possible settlement of the litigation, the plaintiff will withdraw their motion for class certification, filed on 2/23/07, withut prejudice to reinstating the motion at a later date and subject ot the terms herein; the reason for plaitniffs' withdrawal of their motion for class certification without prejudice is to prevent the motion from potentially pending ont he court's docket for an extended period of time while settlement discussions are ongoing; dft furtehr agree that they will not contest the named plaitniffs' appropriateness to serve as representatives of the class as specified in the complaint as further set forth in this order; plaintiffs' counsel may notify dfts' counsel about any emergent cases and the parties will make good faith attempts to address such issues. (Signed by Judge Miriam Goldman Cedarbaum on 4/23/07) (dle) (Entered: 04/24/2007)

April 23, 2007

April 23, 2007

Set Answer Due Date purs. to 41 Stipulation and Order,,,, as to George B. Alexander answer due on 6/19/2007; New York State Division of Parole answer due on 6/19/2007; New York State Office of Mental Health answer due on 6/19/2007; Michael F. Hogan answer due on 6/19/2007; New York State Department of Health answer due on 6/19/2007; Richard F. Daines answer due on 6/19/2007; New York State Office of Temporary and Disability Assistance answer due on 6/19/2007; David A. Hansell answer due on 6/19/2007; New York City Department of Health and Mental Hygiene answer due on 6/19/2007; Thomas R. Frieden answer due on 6/19/2007; New York City Human Resources Administration answer due on 6/19/2007; Robert L. Doar answer due on 6/19/2007. (dle) (Entered: 04/24/2007)

April 23, 2007

April 23, 2007

42

Memo Endorsement withdrawing 2 Motion to Certify Class.. (Signed by Judge Miriam Goldman Cedarbaum on 4/23/07) (dle) (Entered: 04/26/2007)

April 25, 2007

April 25, 2007

43

NOTICE OF CHANGE OF ADDRESS by Jennifer Jean Parish on behalf of all plaintiffs. New Address: Urban Justice Center, 123 William Street, 16th floor, New York, NY, USA 10038, (646) 602−5644. (Parish, Jennifer) (Entered: 05/02/2007)

May 2, 2007

May 2, 2007

44

NOTICE OF APPEARANCE by Kenneth Richard Stephens on behalf of Messiah S. (Stephens, Kenneth) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

45

STIPULATION: the time for all defendants to answer or move with respect to the complaint is extended to 8/3/07 as further set forth in said Order. Paragraphs 2 and 3 of the 4/19/07 Stipulation between the parties, as So Ordered by the Court on 4/23/07, remain in effect and are not limited as to duration by the second sentence of paragraph 4 of said stipulation. George B. Alexander answer due 8/3/2007; New York State Division of Parole answer due 8/3/2007; New York State Office of Mental Health answer due 8/3/2007; Michael F. Hogan answer due 8/3/2007; New York State Department of Health answer due 8/3/2007; Richard F. Daines answer due 8/3/2007; New York State Office of Temporary and Disability Assistance answer due 8/3/2007; David A. Hansell answer due 8/3/2007; New York City Department of Health and Mental Hygiene answer due 8/3/2007; Thomas R. Frieden answer due 8/3/2007; New York City Human Resources Administration answer due 8/3/2007; Robert L. Doar answer due 8/3/2007. (Signed by Judge Miriam Goldman Cedarbaum on 6/18/07) (db) (Entered: 06/19/2007)

June 18, 2007

June 18, 2007

46

STIPULATION that the dfts' time to answer or move with respect to the complaint shall be extended to and including 10/4/07; paragraphs 2 and 3 of the parties' 4/19/07 stipulation, as "So Ordered" by the court on 4/23/07, remain in effect and are not limited as to duration by the second sentence of paragraph four of said stipulation. (Signed by Judge Miriam Goldman Cedarbaum on 7/31/07) (dle) (Entered: 08/01/2007)

July 31, 2007

July 31, 2007

47

STIPULATION AND ORDER, that the defendants' time to answer or move with respect to the Complaint shall be extended from 10/4/07, to and including 12/4/07. George B. Alexander answer due 12/4/2007; New York State Division of Parole answer due 12/4/2007; New York State Office of Mental Health answer due 12/4/2007; New York State Department of Health answer due 12/4/2007; Richard F. Daines answer due 12/4/2007; New York State Office of Temporary and Disability Assistance answer due 12/4/2007; David A. Hansell answer due 12/4/2007; New York City Department of Health and Mental Hygiene answer due 12/4/2007; Thomas R. Frieden answer due 12/4/2007; Robert L. Doar answer due 12/4/2007. (Signed by Judge Miriam Goldman Cedarbaum on 10/12/07) (cd) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

Minute Entry for proceedings held before Judge Miriam Goldman Cedarbaum: Telephone Conference held on 12/5/2007. (djc) (Entered: 12/10/2007)

Dec. 5, 2007

Dec. 5, 2007

48

STIPULATION: The defendants' time to answer or move with respect to the complaint is extended from 12/4/07 to 2/5/08. George B. Alexander answer due 2/5/2008; New York State Division of Parole answer due 2/5/2008; New York State Office of Mental Health answer due 2/5/2008; Michael F. Hogan answer due 2/5/2008; New York State Department of Health answer due 2/5/2008; Richard F. Daines answer due 2/5/2008; New York State Office of Temporary and Disability Assistance answer due 2/5/2008; David A. Hansell answer due 2/5/2008; New York City Department of Health and Mental Hygiene answer due 2/5/2008; Thomas R. Frieden answer due 2/5/2008; New York City Human Resources Administration answer due 2/5/2008; Robert L. Doar answer due 2/5/2008. (Signed by Judge Miriam Goldman Cedarbaum on 12/5/07) (db) (Entered: 12/07/2007)

Dec. 6, 2007

Dec. 6, 2007

49

NOTICE OF APPEARANCE by Jane R. Goldberg on behalf of George B. Alexander, New York State Division of Parole, New York State Office of Mental Health, Michael F. Hogan, New York State Department of Health, Richard F. Daines, New York State Office of Temporary and Disability Assistance, David A. Hansell (Goldberg, Jane) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

50

STIPULATION AND ORDER, that the time for defendants' to to answer with respect to the complaint shall be extended form 2/5/08 to and including 4/4/08. George B. Alexander answer due 4/4/2008; New York State Division of Parole answer due 4/4/2008; New York State Office of Mental Health answer due 4/4/2008; Michael F. Hogan answer due 4/4/2008; New York State Department of Health answer due 4/4/2008; Richard F. Daines answer due 4/4/2008; New York State Office of Temporary and Disability Assistance answer due 4/4/2008; New York City Department of Health and Mental Hygiene answer due 4/4/2008; Thomas R. Frieden answer due 4/4/2008; New York City Human Resources Administration answer due 4/4/2008; Robert L. Doar answer due 4/4/2008. (Signed by Judge Miriam Goldman Cedarbaum on 2/6/08) (cd) (Entered: 02/07/2008)

Feb. 7, 2008

Feb. 7, 2008

51

STIPULATION AND ORDER, that defendants' time to answer the Complaint shall be extended from 4/4/08 to and including 6/4/08. George B. Alexander answer due 6/4/2008; New York State Division of Parole answer due 6/4/2008; New York State Office of Mental Health answer due 6/4/2008; Michael F. Hogan answer due 6/4/2008; New York State Department of Health answer due 6/4/2008; Richard F. Daines answer due 6/4/2008; New York State Office of Temporary and Disability Assistance answer due 6/4/2008; David A. Hansell answer due 6/4/2008; New York City Department of Health and Mental Hygiene answer due 6/4/2008; Thomas R. Frieden answer due 6/4/2008; New York City Human Resources Administration answer due 6/4/2008; Robert L. Doar answer due 6/4/2008. (Signed by Judge Miriam Goldman Cedarbaum on 4/8/08) (cd) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

52

STIPULATION The defendants' time to answer or move with respect to the complaint shall be extended from June 4, 2008, to and including August 6, 2008; Plaintiffs' counsel may notify defendants' counsel about any emergent cases, and the parties will make good faith attempts to address such issues. Nothing in this paragraph two(2) will bind the parties to any course of action beyond the period of the extension of time provided in paragraph one (1)of this stipulation; Paragraph two (2) and three(3) of the parties' April 19, 2007 stipulation, as amended and "So ordered" by the court on April 23, 2007, remain in effect and are not limited as to duration by the second sentence in paragraph four(4) of said stipulation. (Signed by Judge Miriam Goldman Cedarbaum on 6/5/08) (mme) (Entered: 06/05/2008)

June 5, 2008

June 5, 2008

53

STIPULATION: That the time for defendants' to answer or move with respect to the complaint is extended to 10/8/08. George B. Alexander answer due 10/8/2008; New York State Division of Parole answer due 10/8/2008; New York State Office of Mental Health answer due 10/8/2008; Michael F. Hogan answer due 10/8/2008; New York State Department of Health answer due 10/8/2008; Richard F. Daines answer due 10/8/2008; New York State Office of Temporary and Disability Assistance answer due 10/8/2008; David A. Hansell answer due 10/8/2008; New York City Department of Health and Mental Hygiene answer due 10/8/2008; Thomas R. Frieden answer due 10/8/2008; New York City Human Resources Administration answer due 10/8/2008; Robert L. Doar answer due 10/8/2008. (Signed by Judge Richard J. Sullivan, part I on 8/13/08) (db) (Entered: 08/14/2008)

Aug. 14, 2008

Aug. 14, 2008

54

STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and among counsel for the plaintiffs; counsel for defendants George B. Alexander, New York State Division of Parole, New York State Office of Mental Health, Michael F. Hogan, New York State Department of Health. Richard F. Daines, New York State Office of Temporary and Disability Assistance and David A. Hansel1 ("the State Defendants"); and counsel for defendants New York City Department of Health and Mental Hygiene, Thomas R. Frieden, New York City Human Resources Administration and Robert L. Doar ("the City Defendants"), that: The defendants' time to answer or move with respect to the Complaint shall be extended from October 8, 2008 to and including December 8, 2008. (Signed by Judge Miriam Goldman Cedarbaum on 10/14/2008) (jfe) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

55

NOTICE OF CHANGE OF ADDRESS by Jane R. Goldberg on behalf of George B. Alexander, New York State Division of Parole, New York State Office of Mental Health, Michael F. Hogan, New York State Department of Health, Richard F. Daines, New York State Office of Temporary and Disability Assistance, David A. Hansell. New Address: Office of Attorney General, 120 Broadway, 24th Floor, New York, New York, New York 10271, (212) 416−6133. (Goldberg, Jane) (Entered: 10/16/2008)

Oct. 16, 2008

Oct. 16, 2008

56

STIPULATION It is hereby stipulated and agreed that the defendants' time to answer or move with respect to the Complaint shall be extended from December 8, 2008 to and including February 9, 2009. Plaintiffs' counsel may notify defendants' counsel about any emergent cases, and the parties will make good faith attempts co address such issues. Nothing in this paragraph two (2) will bind the parties to any course of action beyond the period of the extension of time provided in paragraph one (1) of this Stipulation. Paragraphs two (2) and three (3) of the parties' April 19, 2007 stipulation, as amended and So Ordered by the Court on April 23, 2007 remain in effect and are not limited as to duration by the second sentence of paragraph four (4) of said stipulation. (Signed by Judge Miriam Goldman Cedarbaum on 12/9/08) (mme) (Entered: 12/09/2008)

Dec. 9, 2008

Dec. 9, 2008

57

STIPULATION AND ORDER that the defendants' time to answer or move to the Complaints shall be extended from 2/9/09 to and including 4/9/09. George B. Alexander answer due 4/9/2009; New York State Division of Parole answer due 4/9/2009; New York State Office of Mental Health answer due 4/9/2009; Michael F. Hogan answer due 4/9/2009; New York State Department of Health answer due 4/9/2009; Richard F. Daines answer due 4/9/2009; New York State Office of Temporary and Disability Assistance answer due 4/9/2009; David A. Hansell answer due 4/9/2009; New York City Department of Health and Mental Hygiene answer due 4/9/2009; Thomas R. Frieden answer due 4/9/2009; New York City Human Resources Administration answer due 4/9/2009; Robert L. Doar answer due 4/9/2009. (Signed by Judge Miriam Goldman Cedarbaum on 2/20/09) (cd) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

58

STIPULATION AND ORDER,1. The defendants' time to answer or move with respect to the Complaint shall be extended from April 9, 2009 to and including June 9, 2009, 2. Plaintiffs' counsel may notify defendants' counsel about any emergent cases, and the parties will make good faith attempts to address such issues. Nothing in this paragraph two (2) will bind the parties to any course of action beyond the period of the extension of time provided in paragraph one (1) of this stipulation. 3. Paragraphs two (2) and three (3) of the parties' April 19, 2007 stipulation, as amended and "So Ordered" by the Court on April 23, 2007, remain in effect and are not limited as to duration by the second sentence of paragraph four (4) of said stipulation. (Signed by Judge Miriam Goldman Cedarbaum on 4/14/09) (pl) (Entered: 04/14/2009)

April 14, 2009

April 14, 2009

59

STIPULATION; The defendants' time to answer or move with respect to the Complaint shall be extended from 6/9/2009, to and including 8/10/2009. SO ORDERED. (Signed by Judge Miriam Goldman Cedarbaum on 6/9/2009) (tve) (Entered: 06/09/2009)

June 9, 2009

June 9, 2009

60

STIPULATION AND ORDER, George B. Alexander answer due 10/9/2009; New York State Division of Parole answer due 10/9/2009; New York State Office of Mental Health answer due 10/9/2009; Michael F. Hogan answer due 10/9/2009; New York State Department of Health answer due 10/9/2009; Richard F. Daines answer due 10/9/2009; New York State Office of Temporary and Disability Assistance answer due 10/9/2009; New York City Human Resources Administration answer due 10/9/2009; Robert L. Doar answer due 10/9/2009. (Signed by Judge Miriam Goldman Cedarbaum on 8/31/09) (djc) (Entered: 09/23/2009)

Sept. 1, 2009

Sept. 1, 2009

61

STIPULATION: The defendants' time to answer or move with respect to the Complaint shall be extended from 10/9/09, to and including 12/9/09. Plaintiffs' counsel may notify defendants' counsel about any emergent cases, and the parties will make good faith attempts to address such issues. Nothing in this paragraph two (2) will bind the parties to any course of action beyond the period of the extension of time provided in paragraph one (1) of this Stipulation. Paragraphs two (2) and three (3) of the parties' 4/19/07 stipulation, as amended and "So Ordered" by the Court on 4/23/07, remain in effect and are not limited as to duration by the second sentence of paragraph four (4) of said stipulation. (Signed by Judge Miriam Goldman Cedarbaum on 10/15/09) (tro) (Entered: 10/22/2009)

Oct. 16, 2009

Oct. 16, 2009

62

STIPULATION that the defendants' time to answer or move with respect to the complaint shall be extended to and including 2/8/10. Paragraphs two and three of the parties' 4/19/07 stipulation, as amended and "so ordered" by the Court on 4/23/07, remain in effect and are not limited as to duration by the second sentence of paragraph four of said stipulation. (Signed by Judge Miriam Goldman Cedarbaum on 12/7/09) (dle) (Entered: 12/14/2009)

Dec. 14, 2009

Dec. 14, 2009

63

STIPULATION AND ORDER, George B. Alexander answer due 4/8/2010; New York State Division of Parole answer due 4/8/2010; New York State Office of Mental Health answer due 4/8/2010; Michael F. Hogan answer due 4/8/2010; New York State Department of Health answer due 4/8/2010; Richard F. Daines answer due 4/8/2010; New York State Office of Temporary and Disability Assistance answer due 4/8/2010; New York City Human Resources Administration answer due 4/8/2010; Robert L. Doar answer due 4/8/2010. (Signed by Judge Miriam Goldman Cedarbaum on 2/9/10) (djc) (Entered: 02/09/2010)

Feb. 9, 2010

Feb. 9, 2010

64

STIPULATION AND ORDER, George B. Alexander answer due 6/8/2010; New York State Division of Parole answer due 6/8/2010; New York State Office of Mental Health answer due 6/8/2010; Michael F. Hogan answer due 6/8/2010; New York State Department of Health answer due 6/8/2010; Richard F. Daines answer due 6/8/2010; New York State Office of Temporary and Disability Assistance answer due 6/8/2010; New York City Department of Health and Mental Hygiene answer due 6/8/2010; New York City Human Resources Administration answer due 6/8/2010; Robert L. Doar answer due 6/8/2010. (Signed by Judge Miriam Goldman Cedarbaum on 4/9/10) (djc) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

65

NOTICE OF WITHDRAWAL AND APPEARANCE AND ORDER. PLEASE TAKE NOTICE that Ivan Rubin will no longer be employed by the Office of the Attorney General of the State of New York and, accordingly, hereby withdraws as counsel of record for the State Defendants in the above−captioned action and requests that his appearance herein be terminated. PLEASE TAKE FURTHER NOTICE that the Office of the Attorney General of the State of New York continues to serve as counsel of record for the State Defendants through Assistant Attorneys General Goldberg and Schwartz, who request that copies of all notices, pleadings and other papers herein continue to be served upon them in accord with their appearances which they previously entered. Attorney Ivan B. Rubin terminated. (Signed by Judge Miriam Goldman Cedarbaum on 6/2/10) (rjm) (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

66

STIPULATION: The time for defendants to answer or move with respect to the complaint is extended from 6/8/10 to 8/9/10. George B. Alexander answer due 8/9/2010; New York State Division of Parole answer due 8/9/2010; New York State Office of Mental Health answer due 8/9/2010; Michael F. Hogan answer due 8/9/2010; New York State Department of Health answer due 8/9/2010; Richard F. Daines answer due 8/9/2010; New York State Office of Temporary and Disability Assistance answer due 8/9/2010; David A. Hansell answer due 8/9/2010; New York City Department of Health and Mental Hygiene answer due 8/9/2010; Thomas R. Frieden answer due 8/9/2010; New York City Human Resources Administration answer due 8/9/2010; Robert L. Doar answer due 8/9/2010. (Signed by Judge Miriam Goldman Cedarbaum on 6/8/10) (db) (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

67

STIPULATION: It is hereby stipulated and agreed by and between the parties that defendants' time to answer or move with respect to the complaint is extended until 10/12/2010, as set forth in this Stipulation. (Signed by Judge Laura Taylor Swain on 8/9/2010) (jpo) (Entered: 08/09/2010)

Aug. 9, 2010

Aug. 9, 2010

68

STIPULATION, that the defendant's time to answer or move with respect to the Complaint shall be extended from October 12, 2010 to and including December 13, 2010. Additional relief as set forth in this Order. (Signed by Judge Miriam Goldman Cedarbaum on 10/8/10) (pl) (Entered: 10/13/2010)

Oct. 13, 2010

Oct. 13, 2010

69

STIPULATION: The defendants' time to answer or move with respect to the Complaint shall be extended from 12/13/10, to and including 2/14/11. George B. Alexander answer due 2/14/2011; Richard F. Daines answer due 2/14/2011; Robert L. Doar answer due 2/14/2011; Thomas R. Frieden answer due 2/14/2011; David A. Hansell answer due 2/14/2011; Michael F. Hogan answer due 2/14/2011; New York City Department of Health and Mental Hygiene answer due 2/14/2011; New York City Human Resources Administration answer due 2/14/2011; New York State Department of Health answer due 2/14/2011; New York State Division of Parole answer due 2/14/2011; New York State Office of Mental Health answer due 2/14/2011; New York State Office of Temporary and Disability Assistance answer due 2/14/2011. (Signed by Judge Miriam Goldman Cedarbaum on 12/13/10) (db) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

70

NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above−captioned action is voluntarily dismissed, without prejudice against the defendant(s) George B. Alexander, Richard F. Daines, Robert L. Doar, Thomas R. Frieden, David A. Hansell, Michael F. Hogan, New York City Department of Health and Mental Hygiene, New York City Human Resources Administration, New York State Department of Health, New York State Division of Parole, New York State Office of Mental Health, New York State Office of Temporary and Disability Assistance. Document filed by Viken M., Quintin V., Greg W., Messiah S., Alberto B., Sheldon D., Jessie E.. (Ryan, Antony) (Entered: 02/14/2011)

Feb. 14, 2011

Feb. 14, 2011

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 22, 2007

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates in New York state prisons with psychiatric disabilities who are subject to release on parole and who will be entitled to temporary and disability assistance.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

New York State Division of Parole, State

New York State Office of Temporary and Disability Assistance, State

New York State Department of Health (New York, New York), State

New York City Department of Health and Mental Hygiene (New York, New York), City

New York City Human Resources Administration (New York, New York), City

New York State Office of Mental Health, State

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Rehabilitation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Male

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run