Case: Nunez and United States v. City of New York

1:11-cv-05845 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 18, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 18, 2011, a class of prisoners filed this lawsuit in the District Court for the Southern District of New York under 42 U.S.C. 1983 for cruel and unusual punishment against the New York City Department of Corrections (DOC). The plaintiffs, represented by the Legal Aid Society and Emery Celli, asked the court for declaratory relief, injunctive relief, and damages, claiming that DOC officers routinely inflicted wanton physical violence on prisoners and deliberately falsified records to p…

On August 18, 2011, a class of prisoners filed this lawsuit in the District Court for the Southern District of New York under 42 U.S.C. 1983 for cruel and unusual punishment against the New York City Department of Corrections (DOC). The plaintiffs, represented by the Legal Aid Society and Emery Celli, asked the court for declaratory relief, injunctive relief, and damages, claiming that DOC officers routinely inflicted wanton physical violence on prisoners and deliberately falsified records to prevent discovery of their illegal actions.

Claims against the New York City DOC have been numerous and often successful over the past twenty-five years (Fisher v. Koehler, Reynolds v. Ward, Jackson v. Montemango, Sheppard v. Phoenix, Ingles v. Toro). The plaintiffs claimed that former policies were re-instituted as soon as the injunctions expired, or that the injunctions were interpreted narrowly enough to provide room for explicit cruelty. The plaintiffs claimed that officers frequently took prisoners to areas without video cameras or other witnesses, and then beat them. The plaintiffs claimed to have suffered multiple injuries as a result of these abuses, including broken bones, concussions, and other emergency conditions requiring hospitalization and surgery. Finally, the plaintiffs claimed that the defendants routinely falsified documents or fabricated disciplinary charges to cover up their own unlawful conduct or that of their colleagues. The city often would allegedly promote the worst offenders.

On January 7, 2013, the Court (Magistrate Judge James C. Francis IV) granted class certification to the plaintiffs, defining the class as: all present and future inmates confined in jails operated by the New York City DOC, except for the Elmhurst and Bellevue Prison Wards.

Meanwhile, on January 12, 2012, the U.S. Attorney's Office for the Southern District of New York informed the city that they were undertaking an investigation of the prison conditions on Rikers Island under the Civil Rights of Institutionalized Persons Act. The DOJ issued a findings letter in that matter, reporting the frequent use of excessive force, inadequate systematic supervision, and prolonged punitive solitary confinement on August 4, 2014. A press release is available on the Department of Justice's website. That is discussed in case JC-NY-0062 in this Clearinghouse.

On December 18, 2014, the Department of Justice filed a motion seeking permission to intervene in this case and pursue its action under the Civil Rights of Institutionalized Persons Act. The Court granted the unopposed motion to intervene on December 23, 2014. Settlement negotiations were immediately initiated.

On July 1, 2015, the plaintiffs filed a motion to approve a consent settlement. The DOJ issued a statement on their website the same day. The consent settlement included provisions completely prohibiting certain types of force. The DOC also agreed to report all incidents where the staff used force on a prisoner. All Use of Force incidents resulting in major injuries to the prisoner resulted in a mandatory video-recorded interview of the injured prisoner and other witnesses, and referred for an investigation to the Investigation Division of the DOC. The DOC agreed to install 7,800 wall-mounted cameras and at least 100 body-worn or hand-held cameras to facilitate the investigations. Staff that violate the use of force guidelines will be disciplined, up to termination. Staff could not be promoted if they had a poor disciplinary use of force record or a pending disciplinary investigation.

The DOC agreed to no longer put prisoners under 18 in any punitive isolation. Prisons housing youth were required to have certain staffing levels and routine examination of the premises to ensure security and safety of the prisoners. The DOC also agreed to begin searching for an alternative location, off Rikers Island, for prisoners under 18.

Finally, the parties agreed to a monitor, who visited the prisons and wrote a progress report every four months, penologist Steve Martin.

On October 21, 2015, the Court (Judge Laura Taylor Swain) approved the consent judgment and implementation began, enforced by the court.

On December 4, 2019, Judge Swain issued an order and modified the consent judgment, adding "[a]ny Board employee who witnesses a Use of Force Incident must report the incident in writing directly to the area Tour Commander or to a supervisor who is responsible for investigating the incident. This shall include, but not be limited to, filling out the narrative section of any witness report."

The monitor's ninth report raised concerns about the defendants' efforts to advance reforms and the treatment of 16 and 17 year olds. The report raised non-compliance issues with " (1) implementing the Use of Force Directive; (2) addressing the backlog of investigations and improving use of force investigations going forward; (3) improving Staff discipline and accountability; and (4) addressing the high level of disorder at RNDC, where most of the 18-year-old inmates are housed."

In response to the issues raised in the ninth monitor report, the court ordered the Monitoring Team to file a status report by July 2, 2020. This report from the monitor outlined the progress that the parties had made and indicated that the parties "are in a position to reach a joint agreement." In this report, the monitor noted that the parties have not decided how to treat 16 and 17 year olds in compliance with the terms of the consent judgment and new legislation in New York that created a new legal status for 16 and 17 year olds arrested of felonies. After the monitor filed this status report, and urged the parties to continue to work towards a finalized joint proposal.

On August 14, 2020, the Court issued a remedial consent order addressing the defendants' non-compliance on use of force. The order instructed Facility Wardens to promptly review all incidents involving use of force to determine if any corrective action was warranted. Among other changes to the consent decree, this remedial order instructed the defendants to take immediate correct actions to determine whether any staff members "should be subject to immediate corrective action pending the completion of the use of force investigation."

The Tenth Monitoring Report and Eleventh Monitoring Reports expressed similar concerns as prior reports by noting that "[t]he City and Department have established a record of non-compliance in the most fundamental goals of the Consent Judgment, most especially regarding the use of force and accountability for violations of these requirements."

Meanwhile, the monitor began filing status reports about the remedial order from August 14, 2020. The First Remedial Report, issued on December 8, 2020, noted that investigations into use of force had begun, but little corrective action had been taken. The Second Report, issued on June 3, 2021, focused on "problem-solving efforts designed to advance the overall reform."

On August 24, 2021, the Monitoring Team field a letter to Judge Swain advising the court of the Team's "grave concerns about the conditions and pervasive high level of disorder and chaos in the New York City jails." The letter stated that the conditions in the jails have deteriorated from the dismal state reported in previous monitoring reports, resulting in a steady increase in serious use of force incidents, a rise in the level of security lapses and unchecked breaches, and instances of inadequate supervision.

The case remains ongoing.

Summary Authors

Kya Henley (4/7/2014)

Kathryn DeLong (10/27/2015)

Sam Kulhanek (2/10/2019)

Sabrina Glavota (7/30/2020)

Justin Hill (9/2/2021)

Related Cases

CRIPA investigation of NYC Department of Correction Jails on Rikers Island, No Court (2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4349463/parties/nunez-v-nyc-department-of-correction/


Judge(s)

Francis, James C. IV (New York)

Swain, Laura Taylor (New York)

Attorneys(s) for Plaintiff

Abady, Jonathan S. (New York)

Billingsley, David (New York)

Bucci, Christina G (New York)

Chasan, Jonathan S. (New York)

Cleemann, Joseph G (New York)

Conniff, Christopher P (New York)

Coyle, Lisa Marie (New York)

Dyer, Susanna G (Massachusetts)

Judge(s)

Francis, James C. IV (New York)

Swain, Laura Taylor (New York)

Attorneys(s) for Plaintiff

Abady, Jonathan S. (New York)

Billingsley, David (New York)

Bucci, Christina G (New York)

Chasan, Jonathan S. (New York)

Cleemann, Joseph G (New York)

Conniff, Christopher P (New York)

Coyle, Lisa Marie (New York)

Dyer, Susanna G (Massachusetts)

Friedberg, Anna Elizabeth (New York)

Greenberger, Debra L. (New York)

Horowitz, Hayley (New York)

Hsu, Caroline Sandra (New York)

Katznelson, Zachary (Kansas)

Kellogg, Paul Schuyler (New York)

Raad, Amanda (New York)

Rosenfeld, Katherine (New York)

Salzman, Zoe Antonia (New York)

Simpson, Kayla (New York)

Sussman, William I (New York)

Talla, Vasudha (New York)

Werlwas, Mary Lynne (New York)

Attorneys(s) for Defendant

Carter, Zachary W. (New York)

Daughtry, Emily E. (New York)

Joyce, Kimberly (New York)

Koutsoudakis, Andreas (New York)

Kretz, Walter Aoysius Jr. (New York)

Larkin, Arthur G. III (New York)

Nguyen, Diep (New York)

Peltz, Alexander (New York)

Powell, Jeffrey K. (New York)

Savino, Kimberly (New York)

Schatz, Julie Pearlman (New York)

Signorelli, Richard (New York)

Wien, Howard (New York)

Other Attorney(s)

Bharara, Preetinder S. (New York)

Devasia, Cynthia (New York)

Eshkenazi, Lara K. (New York)

Gupta, Vanita (District of Columbia)

Holder, Eric H. Jr. (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Shapiro, Samuel M. (Maryland)

Expert/Monitor/Master

Dedel, Kelly (Oregon)

Gonzalez, Dennis O. (New York)

Hurley, Patrick (New York)

Lee, Simone R. (New York)

Martin, Steve J. (Texas)

Sparkman, Emmitt L. (Mississippi)

Vanderveer, Christina Bucci (New York)

Documents in the Clearinghouse

Document

1:11-cv-05845

1:17-cv-02899

Docket [PACER]

Nunez v. N.Y.C. Department of Correction

Sept. 2, 2021

Sept. 2, 2021

Docket
2

1:11-cv-05845

Complaint

Nunez v. City of New York

Aug. 18, 2011

Aug. 18, 2011

Complaint
15

1:11-cv-05845

Amended Complaint

Nunez v. City of New York

May 24, 2012

May 24, 2012

Complaint
34

1:11-cv-05845

Second Amended Complaint [Jury Trial Demanded]

Nunez v. City of New York

Aug. 30, 2012

Aug. 30, 2012

Complaint
61

1:11-cv-05845

Stipulation and Order [Granting Class Certification]

Nunez v. City of New York

Jan. 7, 2013

Jan. 7, 2013

Order/Opinion
88

1:11-cv-05845

Memorandum and Order [Scope of Discovery]

Nunez v. City of New York

2013 WL 2149869

May 17, 2013

May 17, 2013

Order/Opinion

RE: CRIPA Investigation of the New York City Department of Correction Jails on Rikers Island

Nunez v. City of New York

No Court

Aug. 4, 2014

Aug. 4, 2014

Findings Letter/Report
178

1:11-cv-05845

United States' Proposed Complaint in Intervention

Nunez v. City of New York

Dec. 11, 2014

Dec. 11, 2014

Complaint
179

1:11-cv-05845

United States' Motion to Intervene Pursuant to the Civil Rights of Institutionalized Person Act 42 U.SC. § 1997 [With Supporting Brief Attached]

Nunez v. City of New York

Dec. 11, 2014

Dec. 11, 2014

Pleading / Motion / Brief
203

1:11-cv-05845

[Letter informing judge of settlement]

Nunez v. New York

June 22, 2015

June 22, 2015

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4349463/nunez-v-nyc-department-of-correction/

Last updated July 24, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Mark Nunez.(arc) (Entered: 08/23/2011)

Aug. 18, 2011

Aug. 18, 2011

PACER
2

COMPLAINT against Deputy Johnson, N.Y.C. Department of Correction, Captain Primm, Correction Officer Thomas. Reply required under Prison Litigation Reform Act Section 7(2)(g)(2). Document filed by Mark Nunez.(arc) (Entered: 08/23/2011)

Aug. 18, 2011

Aug. 18, 2011

RECAP

Case Designated ECF. (arc)

Aug. 18, 2011

Aug. 18, 2011

PACER
3

ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without payment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Loretta A. Preska on 8/26/2011) (lmb) (Entered: 08/26/2011)

Aug. 26, 2011

Aug. 26, 2011

PACER
4

NOTICE OF CASE ASSIGNMENT to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 09/07/2011)

Sept. 6, 2011

Sept. 6, 2011

PACER

Magistrate Judge Theodore H. Katz is so designated. (pgu)

Sept. 6, 2011

Sept. 6, 2011

PACER

Mailed notice re: 4 Notice of Case Assignment/Reassignment to the attorney(s) of record. (pgu)

Sept. 7, 2011

Sept. 7, 2011

PACER
6

ORDER OF SERVICE: The Clerk of Court is directed to issue a Summons in this action, and Plaintiff is directed to serve the Summons and Complaint upon each Defendant within 120 days of the issuance of the Summons. If service has not been made within the 120 days, and Plaintiff has not requested an extension of time to serve within that 120 days, the Complaint may be dismissed for failure to prosecute, pursuant to Rules 4 and 41 of the Federal Rules of Civil Procedure. The Court dismisses Plaintiffs claims against DOC. 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk of Court is directed to amend the caption of this action to name the City of New York in place of that Defendant. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Orderwould not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. (Signed by Judge Laura Taylor Swain on 9/12/2011) (djc) (Entered: 09/15/2011)

Sept. 14, 2011

Sept. 14, 2011

PACER
7

ORDER OF REFERENCETO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge Laura Taylor Swain on 9/16/2011) Copies Mailed/faxed to Mr. Nunez By Chambers. (pl) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER

SUMMONS ISSUED as to City of New York, Johnson, Primm, Thomas. (vj)

Dec. 15, 2011

Dec. 15, 2011

PACER

FRCP 4 (Service Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 12/15/2011 via Federal Express AIRBILL # 876875974952. The service package included: an original summons, copies of the summons, a certified In Forma Pauperis Application (IFP), copies of the IFP, complaint, United States Marshal (U.S.M.-285) forms, change of address postcards, Judge's individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (vj)

Dec. 15, 2011

Dec. 15, 2011

PACER

FRCP 4 Service Package Returned: Package mailed to Mark Nunez on 12/15/2011 was returned to the Pro Se Office as undeliverable on 12/28/2011. No Telephone (#) Information located on plaintiffs complaint. (vj)

Dec. 29, 2011

Dec. 29, 2011

PACER
8

ORDER: By no later than April 16, 2012, Plaintiff must provide his current mailing address to the Court, and he must also indicate whether he intends to prosecute this action. Failure to do so will result in a recommendation that this action be dismissed for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b). (Signed by Magistrate Judge Theodore H. Katz on 3/28/2012) Copies Mailed By Chambers. (ft) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

PACER
9

NOTICE OF APPEARANCE by Jonathan S. Abady on behalf of Mark Nunez (Abady, Jonathan) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
10

NOTICE OF APPEARANCE by Vasudha Talla on behalf of Mark Nunez (Talla, Vasudha) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
11

NOTICE OF APPEARANCE by Katherine R. Rosenfeld on behalf of Mark Nunez (Rosenfeld, Katherine) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

PACER
12

NOTICE OF APPEARANCE by Mary Lynne Werlwas on behalf of Mark Nunez (Werlwas, Mary) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
13

NOTICE OF APPEARANCE by Jonathan S. Chasan on behalf of Mark Nunez (Chasan, Jonathan) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

PACER
15

AMENDED COMPLAINT amending 2 PLRA Sec. 7(2)(g)(2) Complaint against City of New York, Dora Schriro, Florence Finkle, Michael Hourihane, Carmine Labruzzo, Mark Scott, Larry Davis, Sr, Rose Agro, Ronald Bailey, Robert Cripps, Edmund Duffy, Ronald Jorgensen, Evelyn Mirabal, Kathleen Mulvey, Eric Ramos, Danielle Johnson, Captain Williams, Major Massey, Behari, Sistrunk, Baiardi, Fadima, Theo Primm, Sherma Dunbar, Herman Medina, Kirkland, Reginald Rothwell, Todd Brishinsky, Salley, Sally Davies, Malcom Davis, Omar Alston, Walter Dean, Ateen Williams, Robert Orlandi, Louis Leonard, Cory Hughes, Sandy Arkhurst, Eric Thompson, Quinn, Remy, Jason Soto, Buttons, Antonio Bravo, Santiago, Tutein, Robert Lamar, Haddon Baillie, Gutierrez, Jane Jones, John Gregg, Thomas, Edwin Sloly, John/Jane Does #1-64 with JURY DEMAND.Document filed by Mark Nunez, Rodney Brye, Jose Degros, Shameik Smallwood, Clifford Sewell, Travis Woods, Sonny Ortiz, Christopher Graham, Leslie Pickering, Keith Bacote, Ralph Nunez. Related document: 2 PLRA Sec. 7(2)(g)(2) Complaint filed by Mark Nunez.(mro) (jfe). (Entered: 05/25/2012)

May 24, 2012

May 24, 2012

RECAP
16

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Vasudha Talla dated 5/21/2012 re: Counsel for plaintiff Pursuant to the Court's Individual Rules request an extension nun pro tunc for 60 days to serve the defendants under Federal Rule of Civil Procedure 4(m). ENDORSEMENT: The request is granted, nunc pro tunc. (Signed by Judge Laura Taylor Swain on 6/11/2012) (js) (Entered: 06/12/2012)

June 11, 2012

June 11, 2012

PACER
17

NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge James C. Francis. Please note that this is a reassignment of the designation only. (pgu) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

PACER
18

NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge James C. Francis, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Theodore H. Katz no longer referred to the case. (pgu) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

PACER
19

AFFIDAVIT OF SERVICE. City of New York served on 6/13/2012, answer due 7/5/2012. Service was accepted by Connie Asaro. Document filed by Rodney Brye; Keith Bacote; Ralph Nunez; Travis Woods; Clifford Sewell; Leslie Pickering; Christopher Graham; Jose Degros; Sonny Ortiz; Mark Nunez; Shameik Smallwood. (Talla, Vasudha) (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

PACER
20

NOTICE OF APPEARANCE by Arthur Gabriel Larkin, III on behalf of City of New York, Dora Schriro (Larkin, Arthur) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

PACER
21

ENDORSED LETTER addressed to Judge Laura Taylor Swain from Arthur G Larkin dated 6/29/2012 re: Request to extend time by 60 days for the City and indivudal defendants to answer the complaint to 9/7/2012. ENDORSEMENT: Application is granted. Rose Agro answer due 9/7/2012; Omar Alston answer due 9/7/2012; Sandy Arkhurst answer due 9/7/2012; Baiardi answer due 9/7/2012; Ronald Bailey answer due 9/7/2012; Haddon Baillie answer due 9/7/2012; Behari answer due 9/7/2012; Antonio Bravo answer due 9/7/2012; Todd Brishinsky answer due 9/7/2012; Buttons answer due 9/7/2012; Captain Williams answer due 9/7/2012; City of New York answer due 9/7/2012; Robert Cripps answer due 9/7/2012; Sally Davies answer due 9/7/2012; Larry Davis, Sr answer due 9/7/2012; Malcom Davis answer due 9/7/2012; Walter Dean answer due 9/7/2012; Edmund Duffy answer due 9/7/2012; Sherma Dunbar answer due 9/7/2012; Fadima answer due 9/7/2012; Florence Finkle answer due 9/7/2012; Gutierrez answer due 9/7/2012; Michael Hourihane answer due 9/7/2012; Cory Hughes answer due 9/7/2012; Jane Jones answer due 9/7/2012; John Gregg answer due 9/7/2012; John/Jane Does #1-64 answer due 9/7/2012; Danielle Johnson answer due 9/7/2012; Ronald Jorgensen answer due 9/7/2012; Kirkland answer due 9/7/2012; Carmine Labruzzo answer due 9/7/2012; Robert Lamar answer due 9/7/2012; Louis Leonard answer due 9/7/2012; Major Massey answer due 9/7/2012; Herman Medina answer due 9/7/2012; Evelyn Mirabal answer due 9/7/2012; Kathleen Mulvey answer due 9/7/2012; Robert Orlandi answer due 9/7/2012; Theo Primm answer due 9/7/2012; Quinn answer due 9/7/2012; Eric Ramos answer due 9/7/2012; Remy answer due 9/7/2012; Reginald Rothwell answer due 9/7/2012; Salley answer due 9/7/2012; Santiago answer due 9/7/2012; Dora Schriro answer due 9/7/2012; Mark Scott answer due 9/7/2012; Sistrunk answer due 9/7/2012; Edwin Sloly answer due 9/7/2012; Jason Soto answer due 9/7/2012; Thomas answer due 9/7/2012; Thomas answer due 9/7/2012; Eric Thompson answer due 9/7/2012; Tutein answer due 9/7/2012; Ateen Williams answer due 9/7/2012. (Signed by Magistrate Judge James C. Francis on 6/29/2012) (cd) (Entered: 07/02/2012)

June 29, 2012

June 29, 2012

PACER
22

NOTICE OF APPEARANCE by Diep Nguyen on behalf of Dora Schriro (Nguyen, Diep) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
23

NOTICE OF APPEARANCE by William I. Sussman on behalf of Rodney Brye, Shameik Smallwood, Travis Woods (Sussman, William) (Entered: 08/01/2012)

Aug. 1, 2012

Aug. 1, 2012

PACER
24

NOTICE OF APPEARANCE by Joseph Gaughan Cleemann on behalf of Rodney Brye, Shameik Smallwood, Travis Woods (Cleemann, Joseph) (Entered: 08/01/2012)

Aug. 1, 2012

Aug. 1, 2012

PACER
25

AFFIDAVIT OF SERVICE. Rose Agro served on 7/2/2012, answer due 9/7/2012; Omar Alston served on 7/2/2012, answer due 9/7/2012; Sandy Arkhurst served on 6/26/2012, answer due 9/7/2012; Haddon Baillie served on 6/22/2012, answer due 9/7/2012; Behari served on 6/26/2012, answer due 9/7/2012; Antonio Bravo served on 7/19/2012, answer due 9/7/2012; Todd Brishinsky served on 7/2/2012, answer due 9/7/2012; Captain Williams served on 7/2/2012, answer due 9/7/2012; Robert Cripps served on 6/25/2012, answer due 9/7/2012; Larry Davis, Sr served on 6/25/2012, answer due 9/7/2012; Malcom Davis served on 7/2/2012, answer due 9/7/2012; Walter Dean served on 6/26/2012, answer due 9/7/2012; Edmund Duffy served on 7/2/2012, answer due 9/7/2012; Sherma Dunbar served on 7/19/2012, answer due 9/7/2012; Fadima served on 6/22/2012, answer due 9/7/2012; Florence Finkle served on 6/25/2012, answer due 9/7/2012; Gutierrez served on 6/22/2012, answer due 9/7/2012; Michael Hourihane served on 6/25/2012, answer due 9/7/2012; Cory Hughes served on 6/26/2012, answer due 9/7/2012; Danielle Johnson served on 7/18/2012, answer due 9/7/2012; Ronald Jorgensen served on 6/25/2012, answer due 9/7/2012; Kirkland served on 7/2/2012, answer due 9/7/2012; Carmine Labruzzo served on 6/25/2012, answer due 9/7/2012; Robert Lamar served on 7/2/2012, answer due 9/7/2012; Louis Leonard served on 7/3/2012, answer due 9/7/2012; Major Massey served on 6/26/2012, answer due 9/7/2012; Herman Medina served on 6/26/2012, answer due 9/7/2012; Evelyn Mirabal served on 7/2/2012, answer due 9/7/2012; Kathleen Mulvey served on 6/25/2012, answer due 9/7/2012; Robert Orlandi served on 6/26/2012, answer due 9/7/2012; Theo Primm served on 7/16/2012, answer due 9/7/2012; Quinn served on 7/16/2012, answer due 9/7/2012; Eric Ramos served on 6/26/2012, answer due 9/7/2012; Remy served on 6/26/2012, answer due 9/7/2012; Reginald Rothwell served on 7/2/2012, answer due 9/7/2012; Salley served on 6/26/2012, answer due 9/7/2012; Dora Schriro served on 6/25/2012, answer due 9/7/2012; Mark Scott served on 6/25/2012, answer due 9/7/2012; Sistrunk served on 6/26/2012, answer due 9/7/2012; Edwin Sloly served on 7/2/2012, answer due 9/7/2012; Jason Soto served on 6/26/2012, answer due 9/7/2012; Thomas served on 7/19/2012, answer due 9/7/2012; Eric Thompson served on 6/26/2012, answer due 9/7/2012; Tutein served on 7/2/2012, answer due 9/7/2012; Ateen Williams served on 6/26/2012, answer due 9/7/2012. Service was accepted by C.O. "John" Brown, Christine Nigen, Ms. Marie, C.O. "Jane" Gordon, Captain "Jane" Prestley, C.O. "John" Hernandez, C.O. "John" Bailey, Miss Hall, C.O. "John" Bakley, Marie Paul, C.O. Womack, C.O. Ms. Hewett, "Jane" Smallwood. Service was made by Mail. Document filed by Rodney Brye; Keith Bacote; Ralph Nunez; Travis Woods; Clifford Sewell; Leslie Pickering; Christopher Graham; Jose Degros; Sonny Ortiz; Mark Nunez; Shameik Smallwood. (Talla, Vasudha) (Entered: 08/03/2012)

Aug. 3, 2012

Aug. 3, 2012

PACER
26

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Vasudha Talla dated 8/9/2012 re: Plaintiff's counsel writes to seen an extension of time until 9/4/2012 to serve defendants named in the Amended Complaint. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 8/9/2012) (ago) (Entered: 08/10/2012)

Aug. 9, 2012

Aug. 9, 2012

PACER

Set/Reset Deadlines: Mark Nunez answer due 9/4/2012; Ralph Nunez answer due 9/4/2012. Service due by 9/4/2012. (ago)

Aug. 9, 2012

Aug. 9, 2012

PACER
27

AFFIDAVIT OF SERVICE. Sidney Davies served on 7/2/2012, answer due 7/23/2012; Bailey Emmanuel served on 7/6/2012, answer due 7/27/2012; Majors served on 6/26/2012, answer due 7/17/2012; Santiago served on 8/10/2012, answer due 9/7/2012. Service was accepted by Murray Browne and Sheila Grant. Document filed by Rodney Brye; Keith Bacote; Ralph Nunez; Travis Woods; Clifford Sewell; Leslie Pickering; Christopher Graham; Jose Degros; Sonny Ortiz; Mark Nunez; Shameik Smallwood. (Talla, Vasudha) (Entered: 08/17/2012)

Aug. 17, 2012

Aug. 17, 2012

PACER
28

AFFIDAVIT OF SERVICE. Service was accepted by "John" Bailey, relative of defendant Emmanuel Bailey, Christine Nigen, Ms. Marie, C.O. "John" Ortiz. Service was made by Mail. Document filed by Rodney Brye, Keith Bacote, Ralph Nunez, Travis Woods, Clifford Sewell, Leslie Pickering, Christopher Graham, Jose Degros, Sonny Ortiz, Mark Nunez, Shameik Smallwood. (Talla, Vasudha) (Entered: 08/17/2012)

Aug. 17, 2012

Aug. 17, 2012

PACER
29

NOTICE OF APPEARANCE by Christopher Paul Conniff on behalf of Rodney Brye, Shameik Smallwood, Travis Woods (Conniff, Christopher) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

PACER
30

NOTICE OF APPEARANCE by Amanda Nicole Raad on behalf of Rodney Brye, Shameik Smallwood, Travis Woods (Raad, Amanda) (Entered: 08/30/2012)

Aug. 30, 2012

Aug. 30, 2012

PACER
34

SECOND AMENDED COMPLAINT amending 15 Amended Complaint, against Rose Agro, Omar Alston, Sandy Arkhurst, Baiardi, Haddon Baillie, Behari, Bertrand, Antonio Bravo, Todd Brishinsky, Paul Bunton, Buttons, Captain Williams, City of New York, Robert Cripps, Sidney Davies, Adrianne Davis, Larry Davis, Sr, Malcom Davis, Walter Dean, Declet, Carlos Diaz, Edmund Duffy, Sherma Dunbar, Bailey Emmanuel, Adeboye Fadina, Florence Finkle, Aadam Glenn, Gutierrez, Michael Hourihane, Cory Hughes, Jean-Simon, John Doe #14, John Doe #38, John Does 65-66, John/Jane Does #11-13, John/Jane Does #39-59, John/Jane Does #5-7, John/Jane Does 15-37, Danielle Johnson, Ashaki Jones, Ronald Jorgensen, Kirkland, Carmine Labruzzo, Robert Lamar, Louis Leonard, Lorenzo, Majors, Massey, Jamar McMorris, Herman Medina, Evelyn Mirabal, Kathleen Mulvey, Negron, Richard O'Connor, Robert Orlandi(Shield #15929), Theo Primm, Quinn, Eric Ramos, Remy, Jaime Roman, Reginald Rothwell, Salley, Sanchez, Santiago, Dora Schriro, Mark Scott, Sistrunk, Edwin Sloly, Jason Soto, Selvin Stultz, Thomas, Thomas, Eric Thompson, Tutein, Weldon, Ateen Williams with JURY DEMAND.Document filed by Rodney Brye, Keith Bacote, Ralph Nunez, Travis Woods, Clifford Sewell, Leslie Pickering, Christopher Graham, Jose Degros, Sonny Ortiz, Mark Nunez, Shameik Smallwood, Oscar Sanders. Related document: 15 Amended Complaint, filed by Travis Woods, Jose Degros, Ralph Nunez, Rodney Brye, Leslie Pickering, Christopher Graham, Sonny Ortiz, Shameik Smallwood, Keith Bacote, Clifford Sewell, Mark Nunez.(djc) (Entered: 09/12/2012)

Sept. 4, 2012

Sept. 4, 2012

RECAP
31

STIPULATION & ORDER TO FILE A SECOND AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between plaintiffs Mark Nunez, Rodney Brye, Shameik Smallwood, Travis Woods, Ralph Nunez, Keith Bacote, Jose DeGros, Christopher Graham, Sonny Ortiz, Clifford Sewell, and Leslie Pickering ("Plaintiffs") and defendants City of New York (the "City") and Dora B. Schriro ("Schriro"), by and through their undersigned counsel, as follows: 1. Plaintiffs may file and serve the Second Amended Complaint attached hereto as Exhibit I, which adds plaintiff Oscar Sanders as a proposed class representative and adds, or supplements allegations against, certain defendants (the City of New York, Carmine LaBruzzo, Florence Finkle, Michael Hourihane, Mark Scott, Dora Schriro, Warden Carlton Newton, Deputy Warden Eric Ramos, Captain Declet, CO Sanchez, CO Lorenzo, CO Bertrand, CO Weldon, John/Jane Does #65-66). Among other things, the Second Amended Complaint also corrects the rank and spelling of the names of certain defendants already named in the amended complaint filed on May 24, 2012 (the "Amended Complaint") (Captain Fadina, Captain Jones, CO Paul Bunton, CO Malcolm Davis, CO Aadam Glenn), and identifies certain John/Jane Doe defendants enumerated in the Amended Complaint (Captain O'Connor, CO Diaz, CO Adrian Davis, CO Negron, CO Jean-Simon, CO McMorris, CO Roman, and CO Stultz). 2. With respect to the defendants already served with the summons and the Amended Complaint, the City agrees to inform Plaintiffs' counsel by September 14, 2012 which of these defendants it will represent in this action. The City agrees to accept service of the Second Amended Complaint on behalf of these defendants effective as of the date on which this Stipulation is so-ordered by the Court. 3. With respect to the defendants who have not been served with summons and the Amended Complaint, Plaintiffs will serve these defendants with summons and the SAC. The City agrees to inform Plaintiffs' counsel by September 14, 2012 which of these defendants it will represent in this action. 4. The City, and all defendants represented by the City, shall move, answer, or otherwise respond to the Second Amended Complaint on or before September 28, 2012. 5. This Stipulation can be executed in counterparts by facsimile or scanned signatures. (Signed by Magistrate Judge James C. Francis on 9/5/2012) (lmb) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

RECAP
32

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Julie Pearlman Schatz dated 9/4/2012 re: Counsel respectfully requests an enlargement of time until 10/5/2012 to respond to this action. ENDORSEMENT: Defendants Soto's time to respond to the complaint is extended to September 28, 2012. (Signed by Magistrate Judge James C. Francis on 9/6/2012) (jfe) (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

PACER

Set/Reset Deadlines: Jason Soto answer due 9/28/2012. (jfe)

Sept. 6, 2012

Sept. 6, 2012

PACER
33

NOTICE OF APPEARANCE by Andreas Koutsoudakis on behalf of Jason Soto (Koutsoudakis, Andreas) (Entered: 09/11/2012)

Sept. 11, 2012

Sept. 11, 2012

PACER
35

SCHEDULING ORDER: SCHEDULING ORDER: A pre-trial conference was last held in this matter on September 12, 2012. The Court hereby makes the following provisions for scheduling and trial in this matter. By September 28, 2012, counsel shall submit a stipulated confidentiality order or shall advise the Court of any remaining disputes. By December 1, 2012, defendants shall respond and produce the documents responsive to plaintiffs' document requests directed to class issues. Plaintiffs shall file and serve their motion for class certification by March 29, 2013. Motions due by 6/30/2014. Fact Discovery due by 12/31/2013. Expert Discovery due by 4/30/2014. Final Pretrial Conference set for 10/3/2014 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis. IT IS SO ORDERED. (Signed by Magistrate Judge James C. Francis on 9/12/2012) Copies Mailed By Chambers. (ama) (Entered: 09/13/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER

Minute Entry for proceedings held before Magistrate Judge James C. Francis: Interim Pretrial Conference held on 9/12/2012. (rjm)

Sept. 12, 2012

Sept. 12, 2012

PACER
36

ANSWER to 34 Amended Complaint,,,,,,. Document filed by Jason Soto.(Koutsoudakis, Andreas) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

RECAP
37

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Andreas Koutoudakis dated 9/26/2012 re: We write to request an enlargement of time to file an answer on his behalf. ENDORSEMENT: The Time to answer is extended to November 30, 2012 to coincide with deadline for other defendants. SO ORDERED., Edwin Sloly answer due 11/30/2012. (Signed by Magistrate Judge James C. Francis on 10/01/2012) (ama) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

PACER
38

STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel, that: The date by which the City of New York (the "City''), and all other individual defendants whether or not represented by the City, must answer, move or otherwise respond to the Second Amended Complaint is extended from tho previously agreed-upon data of September 28, 2012, to November 30,2012; On or before October 30, 2012, the City shall inform plaintiffs' counsel of the names of all "defendants no longer employed by DOC for whom DOC will accept service by electronic means. SO ORDERED. Rose Agro answer due 11/30/2012; Omar Alston answer due 11/30/2012; Sandy Arkhurst answer due 11/30/2012; Baiardi answer due 11/30/2012; Haddon Baillie answer due 11/30/2012; Behari answer due 11/30/2012; Bertrand answer due 11/30/2012; Antonio Bravo answer due 11/30/2012; Todd Brishinsky answer due 11/30/2012; Paul Bunton answer due 11/30/2012; Buttons answer due 11/30/2012; Captain Williams answer due 11/30/2012; City of New York answer due 11/30/2012; Robert Cripps answer due 11/30/2012; Sidney Davies answer due 11/30/2012; Adrianne Davis answer due 11/30/2012; Larry Davis, Sr answer due 11/30/2012; Malcom Davis answer due 11/30/2012; Walter Dean answer due 11/30/2012; Declet answer due 11/30/2012; Carlos Diaz answer due 11/30/2012; Edmund Duffy answer due 11/30/2012; Sherma Dunbar answer due 11/30/2012; Bailey Emmanuel answer due 11/30/2012; Adeboye Fadina answer due 11/30/2012; Florence Finkle answer due 11/30/2012; Aadam Glenn answer due 11/30/2012; Gutierrez answer due 11/30/2012; Michael Hourihane answer due 11/30/2012; Cory Hughes answer due 11/30/2012; Jean-Simon answer due 11/30/2012; John Doe #14 answer due 11/30/2012; John Doe #38 answer due 11/30/2012; John Does 65-66 answer due 11/30/2012; John/Jane Does #11-13 answer due 11/30/2012; John/Jane Does #39-59 answer due 11/30/2012; John/Jane Does #5-7 answer due 11/30/2012; John/Jane Does 15-37 answer due 11/30/2012; Danielle Johnson answer due 11/30/2012; Ashaki Jones answer due 11/30/2012; Ronald Jorgensen answer due 11/30/2012; Kirkland answer due 11/30/2012; Carmine Labruzzo answer due 11/30/2012; Robert Lamar answer due 11/30/2012; Louis Leonard answer due 11/30/2012; Lorenzo answer due 11/30/2012; Majors answer due 11/30/2012; Massey answer due 11/30/2012; Jamar McMorris answer due 11/30/2012; Herman Medina answer due 11/30/2012; Evelyn Mirabal answer due 11/30/2012; Kathleen Mulvey answer due 11/30/2012; Negron answer due 11/30/2012; Richard O'Connor answer due 11/30/2012; Robert Orlandi(Shield #15929) answer due 11/30/2012; Theo Primm answer due 11/30/2012; Quinn answer due 11/30/2012; Eric Ramos answer due 11/30/2012; Remy answer due 11/30/2012; Jaime Roman answer due 11/30/2012; Reginald Rothwell answer due 11/30/2012; Salley answer due 11/30/2012; Sanchez answer due 11/30/2012; Santiago answer due 11/30/2012; Dora Schriro answer due 11/30/2012; Mark Scott answer due 11/30/2012; Sistrunk answer due 11/30/2012; Jason Soto answer due 11/30/2012; Selvin Stultz answer due 11/30/2012; Thomas answer due 11/30/2012; Thomas answer due 11/30/2012; Eric Thompson answer due 11/30/2012; Tutein answer due 11/30/2012; Weldon answer due 11/30/2012; Ateen Williams answer due 11/30/2012. (Signed by Magistrate Judge James C. Francis on 10/01/2012) (ama) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

PACER
39

WAIVER OF SERVICE RETURNED EXECUTED. Ateen Williams waiver sent on 10/5/2012, answer due 12/4/2012; Tutein waiver sent on 10/5/2012, answer due 12/4/2012; Todd Brishinsky waiver sent on 10/5/2012, answer due 12/4/2012; Reginald Rothwell waiver sent on 10/5/2012, answer due 12/4/2012; Eric Thompson waiver sent on 10/5/2012, answer due 12/4/2012; Kirkland waiver sent on 10/5/2012, answer due 12/4/2012; Salley waiver sent on 10/5/2012, answer due 12/4/2012; Malcom Davis waiver sent on 10/5/2012, answer due 12/4/2012; Robert Lamar waiver sent on 10/5/2012, answer due 12/4/2012; Rose Agro waiver sent on 10/5/2012, answer due 12/4/2012; Sandy Arkhurst waiver sent on 10/5/2012, answer due 12/4/2012; Haddon Baillie waiver sent on 10/5/2012, answer due 12/4/2012; Antonio Bravo waiver sent on 10/5/2012, answer due 12/4/2012; Robert Cripps waiver sent on 10/5/2012, answer due 12/4/2012; Edmund Duffy waiver sent on 10/5/2012, answer due 12/4/2012; Sherma Dunbar waiver sent on 10/5/2012, answer due 12/4/2012; Gutierrez waiver sent on 10/5/2012, answer due 12/4/2012; Cory Hughes waiver sent on 10/5/2012, answer due 12/4/2012; Danielle Johnson waiver sent on 10/5/2012, answer due 12/4/2012; Carmine Labruzzo waiver sent on 10/5/2012, answer due 12/4/2012; Majors waiver sent on 10/5/2012, answer due 12/4/2012; Massey waiver sent on 10/5/2012, answer due 12/4/2012; Herman Medina waiver sent on 10/5/2012, answer due 12/4/2012; Evelyn Mirabal waiver sent on 10/5/2012, answer due 12/4/2012; Theo Primm waiver sent on 10/5/2012, answer due 12/4/2012; Quinn waiver sent on 10/5/2012, answer due 12/4/2012; Eric Ramos waiver sent on 10/5/2012, answer due 12/4/2012; Remy waiver sent on 10/5/2012, answer due 12/4/2012; Santiago waiver sent on 10/5/2012, answer due 12/4/2012; Mark Scott waiver sent on 10/5/2012, answer due 12/4/2012; Sistrunk waiver sent on 10/5/2012, answer due 12/4/2012; Thomas waiver sent on 10/5/2012, answer due 12/4/2012. Document filed by Ateen Williams; Tutein; Todd Brishinsky; Reginald Rothwell; Eric Thompson; Kirkland; Thomas ; Salley; Malcom Davis; Robert Lamar. (Pinnock, Nadene) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

PACER
40

ENDORSED LETTER addressed to Magistrate Judge James C Francis from Diep Nguyen dated 10/4/2012 re: We write in order to request an extension of one business day of the deadline by which the City must respond to plaintiffs' letter concerning the protective order, from tomorrow, Oct. 5, 2012, to Tuesday, Oct. 9,2012. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 10/4/2012) (cd) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

PACER
41

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,,,. Bertrand served on 9/12/2012, answer due 11/30/2012; Paul Bunton served on 9/12/2012, answer due 11/30/2012; Adrianne Davis served on 9/12/2012, answer due 11/30/2012; Declet served on 9/12/2012, answer due 11/30/2012; Carlos Diaz served on 9/12/2012, answer due 11/30/2012; Adeboye Fadina served on 9/12/2012, answer due 11/30/2012; Aadam Glenn served on 9/12/2012, answer due 11/30/2012; Jean-Simon served on 9/12/2012, answer due 11/30/2012; Ashaki Jones served on 9/12/2012, answer due 11/30/2012; Lorenzo served on 9/12/2012, answer due 11/30/2012; Jamar McMorris served on 9/12/2012, answer due 11/30/2012; Carlton Newton served on 9/12/2012, answer due 10/3/2012; Richard O'Connor served on 9/12/2012, answer due 11/30/2012; Jaime Roman served on 9/12/2012, answer due 11/30/2012; Sanchez served on 9/12/2012, answer due 11/30/2012; Weldon served on 9/12/2012, answer due 11/30/2012. Service was accepted by C.O. "Jane" Pugh, "Jane" Paul, C.O. 'John' Pugh, C.O. "John" Clark, 'Jane' Smallwood, Capt. 'John' Hill, and C.O. 'John' Hernandez,. Service was made by Mail. Document filed by Rodney Brye; Keith Bacote; Ralph Nunez; Travis Woods; Clifford Sewell; Leslie Pickering; Christopher Graham; Jose Degros; Sonny Ortiz; Mark Nunez; Shameik Smallwood; Oscar Sanders. (Talla, Vasudha) (Entered: 10/10/2012)

Oct. 10, 2012

Oct. 10, 2012

PACER
42

ORDER:1. Plaintiffs having submitted a letter application dated October 3, 2012, seeking an order overruling defendants' objections to producing documents that pre-date November 1, 2009 in response to Plaintiffs' First Set of Discovery Requests Relating to Class Certification, it is hereby ORDERED as follows: Plaintiffs' application is granted. The release in Ingles v. Toro, 01 Civ. 8279 (DC), precludes claims for injunctive relief arising after November 1, 2009; it does not prevent discovery of information prior to that date in relation to claims accruing thereafter. This distinction is consistent with the language of the release, and its logic can be illustrated with an example. If there was widespread abuse of inmates by correction officers on November 2, 2009, the inmates would not be barred by the Ingles release from initiating a new action, and it is inconceivable that the scope of discovery would be limited to a period of one day. 2. Plaintiffs have not articulated the rationale for choosing April 4, 2006 as the look-back date for discovery, nor have they explained how the discovery now sought relates to the information that they had access to under the monitoring provisions of the Ingles settlement. Accordingly, while discovery is not limited to the period after November 1, 2009, any further disputes regarding scope may be presented to me after counsel have met and conferred. (Signed by Magistrate Judge James C. Francis on 10/11/2012) Copies Mailed By Chambers. (lmb) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
43

PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge James C. Francis on 10/15/2012) (cd) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
45

Letter addressed to Magistrate Judge James C. Francis, IV, from Arthur G. Larkin, dated 10/10/2012, re: response to plaintiff's letter of Oct. 3, 2012, concerning defendants' objections to some of plaintiffs' discovery demands with regard to class certification. Attached is defendants' response to these demands which sets forth our objections and the bases for them (see Requests Nos. 4-7). We submit that defendants' objections should be sustained. Document filed by City of New York.(ja) (Entered: 10/17/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
46

Letter addressed to Magistrate Judge James C. Francis, IV, from Vasudha Talla, dated 9/28/2012, re: In the Scheduling Order issued by Your Honor on September 13, 2012, you directed that parties to submit a stipulated confidentiality order to the Court by September 28, 2012 or advise the Court of any remaining disputes. Document filed by Keith Bacote, Rodney Brye, Jose Degros, Christopher Graham, Mark Nunez, Ralph Nunez, Sonny Ortiz, Leslie Pickering, Oscar Sanders, Clifford Sewell, Shameik Smallwood.(ja) (Entered: 10/17/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
47

Letter addressed to Magistrate Judge James C. Francis, IV, from Vasudha Talla, dated 10/10/2012, re: reply to the letter sent to Your Honor yesterday by Arthur Larkin, counsel for the City of New York, regarding a protective order for this case. We write to address the two new issues. Document filed by Keith Bacote, Rodney Brye, Jose Degros, Christopher Graham, Mark Nunez, Ralph Nunez, Sonny Ortiz, Leslie Pickering, Oscar Sanders, Clifford Sewell, Shameik Smallwood, Travis Woods.(ja) (Entered: 10/17/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
48

Letter addressed to Magistrate Judge James C. Francis, IV, from Arthur G. Larkin, dated 10/9/2012, re: response to plaintiff's letter of Sept. 28, 2012, which sets forth six (6) areas of disagreement between the parties concerning the proposed protective order. Document filed by City of New York.(ja) (Entered: 10/17/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
49

Letter addressed to Magistrate Judge James C. Francis, IV, from Mary Lynne Werlwas, dated 10/3/2012, re: seeking the Court's assistance in resolving a discovery dispute that has arisen in connection with plaintiffs' discovery demands related to class certification. Document filed by Keith Bacote, Rodney Brye, Jose Degros, Christopher Graham, Mark Nunez, Ralph Nunez, Sonny Ortiz, Leslie Pickering, Oscar Sanders, Clifford Sewell, Shameik Smallwood, Travis Woods.(ja) (Entered: 10/17/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
44

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,,,. Selvin Stultz served on 10/10/2012, answer due 11/30/2012. Service was accepted by Capt "Jane" Jarrett. Service was made by mail. Document filed by Rodney Brye; Keith Bacote; Ralph Nunez; Travis Woods; Clifford Sewell; Leslie Pickering; Christopher Graham; Jose Degros; Sonny Ortiz; Mark Nunez; Shameik Smallwood; Oscar Sanders. (Talla, Vasudha) (Entered: 10/17/2012)

Oct. 17, 2012

Oct. 17, 2012

PACER
50

ANSWER to 34 Amended Complaint,,,,,,. Document filed by Edwin Sloly.(Koutsoudakis, Andreas) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
51

CERTIFICATE OF SERVICE of Second Amended Complaint and Amended Summons served on Larry Davis, Sr., Kathleen Mulvey, and Emmanuel Bailey on 11/26/12. Service was accepted by Carl DiCarlo, Esq.. Service was made by Mail. Document filed by Keith Bacote, Rodney Brye, Jose Degros, Christopher Graham, Mark Nunez, Ralph Nunez, Sonny Ortiz, Leslie Pickering, Oscar Sanders, Clifford Sewell, Shameik Smallwood, Travis Woods. (Talla, Vasudha) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

PACER
52

ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Arthur G. Larkin dated 12/3/2012 re: Plaintiffs consent to an extension of time until December 14, 2012 for the defendants who have not yet answered to answer, move, or otherwise respond to the complaint. ENDORSEMENT: Application granted. SO ORDERED. Rose Agro answer due 12/14/2012; Omar Alston answer due 12/14/2012; Sandy Arkhurst answer due 12/14/2012; Baiardi answer due 12/14/2012; Haddon Baillie answer due 12/14/2012; Behari answer due 12/14/2012; Bertrand answer due 12/14/2012; Antonio Bravo answer due 12/14/2012; Todd Brishinsky answer due 12/14/2012; Paul Bunton answer due 12/14/2012; Buttons answer due 12/14/2012; Captain Williams answer due 12/14/2012; City of New York answer due 12/14/2012; Robert Cripps answer due 12/14/2012; Sidney Davies answer due 12/14/2012; Adrianne Davis answer due 12/14/2012; Larry Davis, Sr answer due 12/14/2012; Malcom Davis answer due 12/14/2012; Walter Dean answer due 12/14/2012; Declet answer due 12/14/2012; Carlos Diaz answer due 12/14/2012; Edmund Duffy answer due 12/14/2012; Sherma Dunbar answer due 12/14/2012; Bailey Emmanuel answer due 12/14/2012; Fadima answer due 12/14/2012; Adeboye Fadina answer due 12/14/2012; Florence Finkle answer due 12/14/2012; Aadam Glenn answer due 12/14/2012; Gutierrez answer due 12/14/2012; Michael Hourihane answer due 12/14/2012; Cory Hughes answer due 12/14/2012; Jane Jones answer due 12/14/2012; Jean-Simon answer due 12/14/2012; John Doe #14 answer due 12/14/2012; John Doe #38 answer due 12/14/2012; John Does 65-66 answer due 12/14/2012; John Gregg answer due 12/14/2012; John/Jane Does #1-64 answer due 12/14/2012; John/Jane Does #11-13 answer due 12/14/2012; John/Jane Does #39-59 answer due 12/14/2012; John/Jane Does #5-7 answer due 12/14/2012; John/Jane Does 15-37 answer due 12/14/2012; Johnson answer due 12/14/2012; Danielle Johnson answer due 12/14/2012; Ashaki Jones answer due 12/14/2012; Ronald Jorgensen answer due 12/14/2012; Kirkland answer due 12/14/2012; Carmine Labruzzo answer due 12/14/2012; Robert Lamar answer due 12/14/2012; Louis Leonard answer due 12/14/2012; Lorenzo answer due 12/14/2012; Majors answer due 12/14/2012; Massey answer due 12/14/2012; Jamar McMorris answer due 12/14/2012; Herman Medina answer due 12/14/2012; Evelyn Mirabal answer due 12/14/2012; Kathleen Mulvey answer due 12/14/2012; N.Y.C. Department of Correction answer due 12/14/2012; Negron answer due 12/14/2012; Carlton Newton answer due 12/14/2012; Richard O'Connor answer due 12/14/2012; Robert Orlandi(Shield #15929) answer due 12/14/2012; Primm answer due 12/14/2012; Theo Primm answer due 12/14/2012; Quinn answer due 12/14/2012; Eric Ramos answer due 12/14/2012; Remy answer due 12/14/2012; Jaime Roman answer due 12/14/2012; Reginald Rothwell answer due 12/14/2012; Salley answer due 12/14/2012; Sanchez answer due 12/14/2012; Santiago answer due 12/14/2012; Dora Schriro answer due 12/14/2012; Mark Scott answer due 12/14/2012; Sistrunk answer due 12/14/2012; Edwin Sloly answer due 12/14/2012; Jason Soto answer due 12/14/2012; Selvin Stultz answer due 12/14/2012; Thomas answer due 12/14/2012; Thomas answer due 12/14/2012; Eric Thompson answer due 12/14/2012; Tutein answer due 12/14/2012; Weldon answer due 12/14/2012; Ateen Williams answer due 12/14/2012. (Signed by Magistrate Judge James C. Francis on 12/3/2012) (ft) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
53

CERTIFICATE OF SERVICE of Second Amended Complaint and Summons; SDNY ECF Rules, and Laura Taylor Swain's Rules served on C.O. Negron on 11/28/12. Service was accepted by Emilia Vargas. Document filed by Keith Bacote, Rodney Brye, Jose Degros, Christopher Graham, Mark Nunez, Ralph Nunez, Sonny Ortiz, Leslie Pickering, Oscar Sanders, Clifford Sewell, Shameik Smallwood, Travis Woods. (Talla, Vasudha) (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

PACER
54

NOTICE OF APPEARANCE by Andreas Koutsoudakis on behalf of Jaime Roman (Koutsoudakis, Andreas) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
55

ANSWER to 34 Amended Complaint,,,,,,. Document filed by Jaime Roman.(Koutsoudakis, Andreas) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
56

ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Arthur G. Larkin dated 12/13/2012 re: Counsel writes to request one additional week, to December 21, 2012, to address outstanding issues concerning (1) the date defendants' answer is due, and (2) it possible stipulation between the parties with regard to class certification. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 12/13/2012) (ft) Modified on 12/14/2012 (ft). (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER
57

AFFIDAVIT OF SERVICE of Second Amended Complaint and Summons; SDNY ECF Rules, and Judge Laura Taylor Swain's Rules served on Ronald Jorgensen on 11/30/12. Service was accepted by Jillian Jorgensen. Document filed by Keith Bacote, Rodney Brye, Jose Degros, Christopher Graham, Mark Nunez, Ralph Nunez, Sonny Ortiz, Leslie Pickering, Oscar Sanders, Clifford Sewell, Shameik Smallwood, Travis Woods. (Talla, Vasudha) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER
58

NOTICE OF APPEARANCE by Alexander Peltz on behalf of Sandy Arkhurst, Bertrand, Paul Bunton, Declet, Lorenzo, Massey, Sanchez, Santiago (Peltz, Alexander) (Entered: 12/14/2012)

Dec. 14, 2012

Dec. 14, 2012

PACER
59

ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Arthur G. Larkin dated 12/21/2012 re: We write in order to request one additional week to allow the parties to continue negotiations concerning a stipulation that would extend the City's time to answer in light of pending internal DOC investigations, and would also allow this lawsuit to proceed as a class action with regard to injunctive and/or declaratory relief. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 12/21/2012) (djc) (Entered: 12/26/2012)

Dec. 26, 2012

Dec. 26, 2012

PACER
60

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Arthur G. Larkin dated 12/28/2012 re: We write once again in order to request one additional week to allow the parties to continue negotiations concerning a stipulation that would extend the City's time to answer. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 12/28/2012) (cd) (Entered: 01/02/2013)

Dec. 28, 2012

Dec. 28, 2012

PACER
61

STIPULATION AND ORDER: This action is certified as a Class action for the plaintiff class pursuant to Fed. R. Civ. P. 23(a), (b)(l)(A), and (b)(2). Defendant The City of New York, and all Defendants represented by The City of New York, shall move, answer or otherwise respond to the Second Amended Complaint on or before February 1, 2013. Additional relief as set forth in this Order. (Signed by Magistrate Judge James C. Francis on 1/7/2013) (pl) (Entered: 01/07/2013)

Jan. 7, 2013

Jan. 7, 2013

PACER
62

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Arthur G. Larkin dated 1/31/13 re: Counsel writes to request an additional two week extension of the date by which defendants' answer is due in this class action lawsuit, from 2/1/13 to 2/15/13. ENDORSEMENT: Application granted. So ordered. (Signed by Magistrate Judge James C. Francis on 1/31/2013) (mro) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
63

ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Vasudha Talla dated 2/5/2013 re: Plaintiffs write to respectfully request an additional week, until February 13, 2013, to submit a proposed order and class notice to the Court. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 2/6/2013) (djc) Modified on 2/7/2013 (djc). (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

PACER
64

ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Arthur G. Larkin dated 2/14/2013 re: Counsel request an additional two weeks of the date by which defendants' answer is due in this class action lawsuit, from 2/15/2013 to 3/1/2013. ENDORSEMENT: Application Granted. No further extensions., City of New York answer due 3/1/2013; Dora Schriro answer due 3/1/2013. (Signed by Magistrate Judge James C. Francis on 2/19/2013) (sac) (Entered: 02/20/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
65

MEMORANDUM AND ORDER: For the reasons set forth above, the agreed-upon class notice shall be posted in English and Spanish in areas of all law libraries, housing areas, and receiving rooms of each DOC jail where it is reasonably calculated to be seen by inmates in the area. In addition, DOC shall provide a copy of the notice to each inmate involved in a "Class A" Use of Force incident during the pendency of the action. (Signed by Magistrate Judge James C. Francis on 2/28/2013) Copies Mailed By Chambers. (lmb) (Entered: 02/28/2013)

Feb. 28, 2013

Feb. 28, 2013

RECAP
66

ANSWER to 34 Amended Complaint,,,,,,. Document filed by Sandy Arkhurst, Bertrand, Declet, Lorenzo, Massey, Sanchez, Santiago, Weldon.(Peltz, Alexander) (Entered: 02/28/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
67

NOTICE OF APPEARANCE by Richard E Signorelli on behalf of Ashaki Jones (Signorelli, Richard) (Entered: 02/28/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
68

Letter addressed to Magistrate Judge James C. Francis from Katherine Rosenfeld dated 2/13/2013 re: For the foregoing reasons, and in addition to the parties' current agreement described above that the DOC will post class notices in the City Jails and regularly certify that those notices remain posted, plaintiffs request that the Court direct that during the pendency of this action the DOC distribute the class notice (in English and Spanish) to all new admissions to the City Jails when they are given a copy of the inmate handbook upon initial admission. Document filed by Keith Bacote, Rodney Brye, Jose Degros, Christopher Graham, Mark Nunez, Ralph Nunez, Sonny Ortiz, Leslie Pickering, Oscar Sanders, Clifford Sewell, Shameik Smallwood, Travis Woods.(lmb) (Entered: 03/01/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
70

Letter addressed to Magistrate Judge James C. Francis from Arthur G. Larkin dated 2/19/2013 re: We write in opposition to plaintiffs' application for an order requiring the Department of Correction ("DOC") to distribute notice of this class action lawsuit individually to all newly admitted inmates, or in the alternative, to take other steps that plaintiffs' counsel believe is necessary to ensure appropriate notice to the class. Document filed by Rose Agro, Omar Alston, Sandy Arkhurst, Baiardi, Haddon Baillie, Behari, Bertrand, Antonio Bravo, Todd Brishinsky, Paul Bunton, Buttons, Captain Williams, City of New York, Robert Cripps, Sidney Davies, Adrianne Davis, Larry Davis, Sr, Malcom Davis, Walter Dean, Declet, Carlos Diaz, Edmund Duffy, Sherma Dunbar, Bailey Emmanuel, Adeboye Fadina, Florence Finkle, Aadam Glenn, Gutierrez, Michael Hourihane, Cory Hughes, Jean-Simon, Danielle Johnson, Ashaki Jones, Ronald Jorgensen, Kirkland, Carmine Labruzzo, Robert Lamar, Louis Leonard, Lorenzo, Majors, Massey, Jamar McMorris, Herman Medina, Evelyn Mirabal, Kathleen Mulvey, Negron, Carlton Newton, Richard O'Connor, Robert Orlandi(Shield #15929), Theo Primm, Quinn, Eric Ramos, Remy, Jaime Roman, Reginald Rothwell, Salley, Sanchez, Santiago, Dora Schriro, Mark Scott, Sistrunk, Edwin Sloly, Jason Soto, Selvin Stultz, Thomas, Thomas, Eric Thompson, Tutein, Weldon, Ateen Williams.(lmb) (Entered: 03/01/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
71

Letter addressed to Magistrate Judge James C. Francis from Vasudha Talla dated 2/22/2013 re: We write briefly in response to defendant The City of New York's letter to Your Honor dated February 19, 2013, regarding class notice. Document filed by Keith Bacote, Rodney Brye, Jose Degros, Christopher Graham, Mark Nunez, Ralph Nunez, Sonny Ortiz, Leslie Pickering, Oscar Sanders, Clifford Sewell, Shameik Smallwood, Travis Woods.(lmb) (Entered: 03/01/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
69

ANSWER to 34 Amended Complaint,,,,,, with JURY DEMAND. Document filed by Rose Agro, Omar Alston, Haddon Baillie, Behari, Antonio Bravo, Todd Brishinsky, Paul Bunton, Captain Williams, City of New York, Robert Cripps, Sidney Davies, Adrianne Davis, Larry Davis, Sr, Malcom Davis, Walter Dean, Carlos Diaz, Edmund Duffy, Sherma Dunbar, Bailey Emmanuel, Adeboye Fadina, Florence Finkle, Aadam Glenn, Gutierrez, Michael Hourihane, Cory Hughes, Jean-Simon, Danielle Johnson, Ronald Jorgensen, Kirkland, Carmine Labruzzo, Robert Lamar, Louis Leonard, Majors, Jamar McMorris, Herman Medina, Evelyn Mirabal, Kathleen Mulvey, Carlton Newton, Richard O'Connor, Robert Orlandi(Shield #15929), Theo Primm, Quinn, Eric Ramos, Remy, Reginald Rothwell, Salley, Dora Schriro, Mark Scott, Sistrunk, Selvin Stultz, Thomas, Thomas, Eric Thompson, Tutein, Ateen Williams.(Larkin, Arthur) (Entered: 03/01/2013)

March 1, 2013

March 1, 2013

PACER
72

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Kimberly M. Savino dated 3/1/2013 re: Because the City does not represent Officer Negron, we are not formally requesting additional time on his behalf. However, we write in order to apprise the court of Mr. Negron's status, and to suggest that in fairness to him, the court permit some reasonable, additional time, for Mr. Negron to retain counsel. ENDORSEMENT: Defendant Negron shall answer by April 1, 2013, and the City shall forward a copy of this order to his last known address., Negron answer due 4/1/2013. (Signed by Magistrate Judge James C. Francis on 3/4/2013) (lmb) (Entered: 03/04/2013)

March 4, 2013

March 4, 2013

PACER
73

STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned herein, that the time by which defendant Ashaki Jones may move, answer, or otherwise respond to the complaint filed in the above-captioned action is extended to and including April 1, 2013. Defendant Jones waives any defect in service of the Summons, Amended Complaint or Second Amended Complaint in this action., Ashaki Jones answer due 4/1/2013. (Signed by Magistrate Judge James C. Francis on 3/4/2013) (lmb) (Entered: 03/04/2013)

March 4, 2013

March 4, 2013

PACER
74

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Katherine Rosenfeld dated 2/28/2013 re: We write to confirm that the Court's order today requires the agreed-upon certification every ninety (90) days that the notice remains posted in the areas described in the Court's order, in addition to the distribution to all inmates involved in "Class A" Use of Force incidents during the pendency of this action. ENDORSEMENT: So ordered. (Signed by Magistrate Judge James C. Francis on 3/4/2013) (lmb) (Entered: 03/04/2013)

March 4, 2013

March 4, 2013

PACER
75

NOTICE OF APPEARANCE by Kimberly Marie Savino on behalf of City of New York, Dora Schriro (Savino, Kimberly) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

PACER
76

NOTICE OF APPEARANCE by Julie Pearlman Schatz on behalf of Jaime Roman, Edwin Sloly, Jason Soto (Schatz, Julie) (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

PACER
77

ORDER: A pretrial conference having been held on March 18, 2013, it is hereby ORDERED as follows: The City of New York shall produce documents responsive to plaintiffs' second set of discovery requests on a rolling basis and shall complete production by July 31, 2013; The parties shall submit letter briefs in connection with any unresolved discovery disputes as follows: opening letters by March 22, 2013, responses by April 5, 2013. Oral argument shall be held on April 10, 2013 beginning at 9:00 in courtroom 18 D. (Signed by Magistrate Judge James C. Francis on 3/18/2012) (mt) (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

PACER

Set/Reset Hearings: Oral Argument set for 4/10/2013 at 09:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis. (mt)

March 18, 2013

March 18, 2013

PACER

Minute Entry for proceedings held before Magistrate Judge James C. Francis: Interim Pretrial Conference held on 3/18/2013. (ft)

March 18, 2013

March 18, 2013

PACER
78

ORDER FOR NOTICE TO THE CLASS: 1. IT IS HEREBY ORDERED that: Pursuant to orders of the Court entered on February 28, 2013 (Docket Entry # 65) and on March 4, 2013 (Docket Entry # 74) (the "Orders"), notice to the Class shall be given as specified in the Orders, i.e.,: (a) copies of the notice, in form annexed hereto as Exhibits (A) (English version) and B (Spanish version) shall both be posted by the Department of Correction in areas of all law libraries, housing areas, and receiving rooms of each City Jail (as defined in the notice) where it is reasonably calculated to be seen by inmates in the area, and such notices shall remain posted continuously thereafter by the Department of Correction throughout the pendency of this action; and (b) a copy of the notice, in both English and Spanish, in the form annexed hereto as Exhibit C (English and Spanish version) shall be provided by the Department of Correction to each inmate involved in a "Class A" Use of Force incident during the pendency of this action. 2. The Department of Correction shall certify compliance with paragraph 1(a), above, by April 19, 2013, and every ninety (90) days thereafter during the pendency of this action, that the notices remain posted in the areas described in paragraph 1(a), above. (Signed by Magistrate Judge James C. Francis on 3/19/2013) (lmb) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

PACER
79

ANSWER to 34 Amended Complaint,,,,,,., CROSSCLAIM against All Defendants. Document filed by Ashaki Jones.(Signorelli, Richard) (Entered: 03/31/2013)

March 31, 2013

March 31, 2013

PACER
80

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Arthur G. Larkin dated 4/2/2013 re: Both sides have agreed, subject to Your Honor's approval, that opposition letters may be made on or before April 12, 2013 (one week later than the current deadline of April 5, 2013), and that oral argument on the motions be adjourned from April 10, 2013, at 9:00 a.m., to either April 15, 2013, or April 18, 2013, anytime during the day if Your Honor's schedule permits. ENDORSEMENT: Application granted. Oral argument shall be held April 18, 2013 at 9:00 am., ( Oral Argument set for 4/18/2013 at 09:00 AM before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 4/2/2013) (lmb) Modified on 4/3/2013 (lmb). (Entered: 04/02/2013)

April 2, 2013

April 2, 2013

PACER
81

TRANSCRIPT of Proceedings re: Status Conference held on 3/18/2013 before Magistrate Judge James C. Francis IV. Court Reporter/Transcriber: Mary Greco. 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 5/2/2013. Redacted Transcript Deadline set for 5/13/2013. Release of Transcript Restriction set for 7/11/2013.(sdi) (Entered: 04/08/2013)

April 8, 2013

April 8, 2013

PACER
82

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 3/18/2013 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...(sdi) (Entered: 04/08/2013)

April 8, 2013

April 8, 2013

PACER

Minute Entry for proceedings held before Magistrate Judge James C. Francis: Discovery Hearing held on 4/18/2013. (js)

April 18, 2013

April 18, 2013

PACER

***DELETED DOCUMENT. Deleted document number 83 Transcript. The document was incorrectly filed in this case. (sdi)

April 22, 2013

April 22, 2013

PACER

***DELETED DOCUMENT. Deleted document number 84 Notice of Filing. The document was incorrectly filed in this case. (sdi)

April 22, 2013

April 22, 2013

PACER
85

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Arthur G. Larkin dated 4/23/2013 re: We write in furtherance of the court's directive to the parties to submit a joint letter by Friday, April 26, 2013, setting forth any discovery disputes that the parties were able to resolve on consent. We respectfully request an extension of three business days, to May 1, 2013, of the date by which the joint letter must be submitted. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 4/29/2013) (lmb) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

PACER
86

TRANSCRIPT of Proceedings re: Status Conference held on 4/18/2013 before Magistrate Judge James C. Francis IV. Court Reporter/Transcriber: Ruth Ann Hager. 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 6/3/2013. Redacted Transcript Deadline set for 6/13/2013. Release of Transcript Restriction set for 8/12/2013.(sdi) (Entered: 05/09/2013)

May 9, 2013

May 9, 2013

PACER
87

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 4/18/2013 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...(sdi) (Entered: 05/09/2013)

May 9, 2013

May 9, 2013

PACER
88

MEMORANDUM AND ORDER: The plaintiffs and defendants' applications are granted in part and denied in part as indicated above. (Signed by Magistrate Judge James C. Francis on 5/17/2013) (lmb) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

RECAP
89

AMENDED PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...ENDORSEMENT: This order may be modified by further order of the Court. (Signed by Magistrate Judge James C. Francis on 5/23/2013) (lmb) (Entered: 05/24/2013)

May 23, 2013

May 23, 2013

PACER
90

ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Arthur G. Larkin dated 7/31/2013 re: We write jointly with Plaintiffs' counsel, pursuant to Rule 16(b), in order to request a modification of the scheduling order (DE 35) as more fully set forth in this letter. ENDORSEMENT: Application granted. So ordered. (Deposition due by 6/30/2014. Discovery due by 8/31/2013. Expert Discovery due by 10/30/2014. Fact Discovery due by 6/30/2014. Dispositive Motions due by 12/31/2014.), (Final Pretrial Conference set for 4/17/2015 at 11:00 AM before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 8/2/2013) (rjm) (Entered: 08/05/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 18, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All present and future inmates confined in jails operated by the New York City Department of Corrections, except for the Elmhurst and Bellevue Prison Wards.

Plaintiff Type(s):

Private Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York City Department of Corrections (New York), City

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

42 U.S.C. § 1981

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Special Case Type(s):

Out-of-court

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $6,500,000

Content of Injunction:

Implement complaint/dispute resolution process

Monitor/Master

Other requirements regarding hiring, promotion, retention

Reporting

Training

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Grievance Procedures

Incident/accident reporting & investigations

Restraints : chemical

Solitary confinement/Supermax (conditions or process)

Staff (number, training, qualifications, wages)

Affected Gender:

Male

Medical/Mental Health:

Mental health care, unspecified

Type of Facility:

Government-run