Case: Barley v. City of New York

1:11-cv-01300 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 24, 2011

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On February 24, 2011, the Defendant, the City of New York, removed this case from the New York Supreme Court to the U.S. District Court of New York.

The plaintiff, a cook in a correctional facility, filed suit against the city of New York and the correctional facility under 42 USC §1983 for violations of his Fourth, Fifth and Fourteenth amendment rights for exposure to carcinogens and/or toxins on the premises. The plaintiff developed thyroid cancer in 2008 and seeks monetary damages.

On June 2, 2011, Judge Richard J. Holwell ordered that this case be combined with five other cases: 11 Civ. 1300, 11 Civ. 1301, 11 Civ. 2149, 11 Civ. 2150, 11 Civ. 2697, 11 Civ. 3277, 11 Civ. 4780, and 11 Civ. 504, under the docket number of Barley v. City of New York.

On March 28, 2012, Judge Loretta A. Preska granted the defendant's motion for dismissal for failure to state a claim.

Summary Authors

Kya Henley (4/7/2014)

Kathryn DeLong (10/2/2014)

People


Judge(s)

Preska, Loretta A. (New York)

Attorneys(s) for Plaintiff

Donadio, Christopher James (New York)

Harris, Seth A (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Gleason, Scot C (New York)

Ilano, Noe Ramon Noel (New York)

Judge(s)

Preska, Loretta A. (New York)

Attorneys(s) for Plaintiff

Donadio, Christopher James (New York)

Harris, Seth A (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Gleason, Scot C (New York)

Ilano, Noe Ramon Noel (New York)

Documents in the Clearinghouse

Document

1:11-cv-01300

1:11-cv-02150

1:11-cv-02149

1:11-cv-02697

1:12-cv-01103

1:11-cv-01301

Docket [PACER]

March 29, 2012

March 29, 2012

Docket
1

1:11-cv-01300

Notice of Removal [With Verified Complaint Attached]

Feb. 24, 2011

Feb. 24, 2011

Pleading / Motion / Brief
22

1:11-cv-01300

Affirmation in Opposition and in Support of Cross Motion [With Amended Verified Complaints Attached]

Aug. 8, 2011

Aug. 8, 2011

Pleading / Motion / Brief
29

1:11-cv-01300

Memorandum and Order [Granting Defendants' Motion for Judgment]

2012 WL 1076208

March 28, 2012

March 28, 2012

Order/Opinion

Resources

Docket

Last updated June 8, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 301151−11. (Filing Fee $ 350.00, Receipt Number 301151−11).Document filed by Gary M. Lanigan, William J. Fraser, John J. Antonelli, Martin F. Horn, Dora B. Schriro, Bernard B. Kerik.(rdz) (ama). (Entered: 02/25/2011)

Feb. 24, 2011

Feb. 24, 2011

Magistrate Judge Michael H. Dolinger is so designated. (rdz) (Entered: 02/25/2011)

Feb. 24, 2011

Feb. 24, 2011

Case Designated ECF. (rdz) (Entered: 02/25/2011)

Feb. 24, 2011

Feb. 24, 2011

2

AFFIDAVIT OF SERVICE of Notice of Removal served on Robert Barley on 2/25/2011. Service was made by Mail. Document filed by City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department of Corrections, Dora B. Schriro, The City of New York. (Ilano, Noe Ramon) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

3

DEMAND for Trial by Jury. Document filed by Robert Barley(Harris, Seth) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

4

ANSWER to Complaint. Document filed by John J. Antonelli, Robert Barley, City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department of Corrections, Dora B. Schriro, The City of New York.(Ilano, Noe Ramon) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

5

AFFIDAVIT OF SERVICE of Answer served on Robert Barley on 3/16/2011. Service was made by Mail. Document filed by John J. Antonelli, Robert Barley, City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department of Corrections, Dora B. Schriro, The City of New York. (Ilano, Noe Ramon) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

7

AMENDED ANSWER to. Document filed by John J. Antonelli, City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department of Corrections, Dora B. Schriro, The City of New York. (Ilano, Noe Ramon) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

8

AFFIDAVIT OF SERVICE of Aff of Service served on Robert Barley on 4/5/2011. Service was made by MAIL. Document filed by John J. Antonelli, City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department of Corrections, Dora B. Schriro, The City of New York. (Ilano, Noe Ramon) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

9

INITIAL SCHEDULING CONFERENCE NOTICE AND ORDER: Initial Scheduling Conference set for 5/25/2011 at 10:00 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 5/16/2011) (tro) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

Minute Entry for proceedings held before Judge Richard J. Holwell: Initial Pretrial Conference held on 5/26/2011. The Court directs that the following cases be consolidated: 11cv01301, 11cv02149, 11cv02150, 11cv02697, and 11cv03277 be consolidated under this number. The briefing schedule on MTD set, Defendant to file by June 8, 2011 w/ cover letter explaining position on staying discovery. Plaintiff to file letter response about discovery by June 15, 2011. Plaintiff to oppose by July 8, 2011. Defendant to reply by July 25, 2011 (mbe) (Entered: 07/19/2011)

May 26, 2011

May 26, 2011

Minute Entry for proceedings held before Judge Richard J. Holwell:. Replies due by 7/25/2011. (mbe) (Entered: 07/19/2011)

May 26, 2011

May 26, 2011

10

ORDER: It is hereby ORDERED that the above captioned action be consolidated for all purposes under the docket number of the lead case Barley v. City of New York, 11 Civ. 1300. Defendants shall file their motion to dismiss by 6/8/2011, with a cover letter explaining any request to stay discovery pending the resolution of their motion. Plaintiffs shall file a letter response on the issue of staying discovery by 6/15/2011. Any opposition to the motion to dismiss shall be filed by 7/8/2011. Any reply shall be filed by 7/25/2011. (Motions due by 6/8/2011. Responses due by 7/8/2011, Replies due by 7/25/2011.) (Signed by Judge Richard J. Holwell on 6/2/2011) Filed In Associated Cases: 1:11−cv−01300−RJH et al.(tro) (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

11

FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION to Dismiss. Document filed by John J. Antonelli, City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department Of Corrections, Dora B. Schriro, The City of New York, Martin F. Horn, Gary M. Lanigan, New York City Department of Corrections, Dora B. Schriro, The City of New York, Martin F. Horn, Dora B. Schiro, The City of New York, Dora B. Schriro, The City of New York, Bernard B. Kerik, The City of New York, William J. Fraser, New York City Department of Corrections, The City of New York. Responses due by 7/8/2011Filed In Associated Cases: 1:11−cv−01300−RJH et al.(Ilano, Noe Ramon) Modified on 6/8/2011 (db). (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

12

FILING ERROR − DEFICIENT DOCKET ENTRY − MEMORANDUM OF LAW in Support re: (11 in 1:11−cv−01300−RJH, 8 in 1:11−cv−02697−RJH, 10 in 1:11−cv−02149−RJH, 10 in 1:11−cv−02150−RJH, 6 in 1:11−cv−03277−RJH, 11 in 1:11−cv−01301−RJH) MOTION to Dismiss.. Document filed by John J. Antonelli, City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Horn, Gary M. Lanigan, New York City Department of Corrections, Dora B. Schriro, The City of New York, Martin F. Horn, Dora B. Schiro, The City of New York, Dora B. Schriro, The City of New York, Bernard B. Kerik, The City of New York, William J. Fraser, New York City Department of Corrections, The City of New York. Filed In Associated Cases: 1:11−cv−01300−RJH et al.(Ilano, Noe Ramon) Modified on 6/8/2011 (db). (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Noe Ramon Ilano to RE−FILE Document (11 in 1:11−cv−01300−RJH, 8 in 1:11−cv−02697−RJH, 10 in 1:11−cv−02149−RJH, 10 in 1:11−cv−02150−RJH, 6 in 1:11−cv−03277−RJH, 11 in 1:11−cv−01301−RJH) MOTION to Dismiss. ERROR(S): Wrong Motion Type selected from Motions Menu − Select Judgment on the Pleadings. REMINDER − DO NOT attach letter to pdf. Filed In Associated Cases: 1:11−cv−01300−RJH et al.(db) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

13

FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of Noe Ramon N. Ilano in Support re: (8 in 1:11−cv−02697−RJH, 6 in 1:11−cv−03277−RJH, 11 in 1:11−cv−01300−RJH, 10 in 1:11−cv−02149−RJH, 10 in 1:11−cv−02150−RJH, 11 in 1:11−cv−01301−RJH) MOTION to Dismiss.. Document filed by John J. Antonelli, City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department Of Corrections, Dora B. Schriro, The City of New York, Martin F. Horn, Gary M. Lanigan, New York City Department of Corrections, Dora B. Schriro, The City of New York, Martin F. Horn, Dora B. Schiro, The City of New York, Dora B. Schriro, The City of New York, Bernard B. Kerik, The City of New York, William J. Fraser, New York City Department of Corrections, The City of New York. (Attachments: # 1 Exhibit Barley S# 2 Exhibit Barley Answer, # 3 Exhibit Raia S# 4 Exhibit Raia Answer, # 5 Exhibit Nee S# 6 Exhibit Nee Answer, # 7 Exhibit Paccione S# 8 Exhibit Paccione Answer, # 9 Exhibit Aquino S# 10 Exhibit Aquino Answer, # 11 Exhibit Harrison S# 12 Exhibit Harrison Answer, # 13 Exhibit 3/9/11 Decision)Filed In Associated Cases: 1:11−cv−01300−RJH et al.(Ilano, Noe Ramon) Modified on 6/8/2011 (db). (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

14

MOTION for Judgment on the Pleadings. Document filed by John J. Antonelli, City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department Of Corrections, Dora B. Schriro, The City of New York. Responses due by 7/8/2011Filed In Associated Cases: 1:11−cv−01300−RJH et al.(Ilano, Noe Ramon) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

15

FILING ERROR − ELECTRONIC FILING FOR NON−ECF DOCUMENT − NOTICE of Motion Cover Letter. Document filed by John J. Antonelli, City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department Of Corrections, Dora B. Schriro, The City of New York, Martin F. Horn, Gary M. Lanigan, New York City Department of Corrections, Dora B. Schriro, The City of New York, Martin F. Horn, Dora B. Schiro, The City of New York, Dora B. Schriro, The City of New York, Bernard B. Kerik, The City of New York, William J. Fraser, New York City Department of Corrections, The City of New York. Filed In Associated Cases: 1:11−cv−01300−RJH et al.(Ilano, Noe Ramon) Modified on 6/9/2011 (ldi). (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

16

AFFIDAVIT OF SERVICE of Motion Papers served on Plaintiffs Firm − Burns &Harris on 6/8/11. Service was accepted by Ava Hardison − Paralegal. Document filed by John J. Antonelli, City of New York Department of Health and Mental Hygiene, William J. Fraser, Marva Harrison, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department of Corrections, Dora B. Schriro, The City of New York. Filed In Associated Cases: 1:11−cv−01300−RJH et al.(Ilano, Noe Ramon) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Noe Ramon Noel Ilano to RE−FILE Document (12 in 1:11−cv−01300−RJH, 11 in 1:11−cv−02149−RJH, 7 in 1:11−cv−03277−RJH, 12 in 1:11−cv−01301−RJH, 9 in 1:11−cv−02697−RJH, 11 in 1:11−cv−02150−RJH) Memorandum of Law in Support of Motion, (13 in 1:11−cv−01301−RJH, 12 in 1:11−cv−02149−RJH, 10 in 1:11−cv−02697−RJH, 13 in 1:11−cv−01300−RJH, 8 in 1:11−cv−03277−RJH, 12 in 1:11−cv−02150−RJH) Declaration in Support of Motion. ERROR(S): Documents linked to filing error. Filed In Associated Cases: 1:11−cv−01300−RJH et al.(db) (Entered: 06/08/2011)

June 8, 2011

June 8, 2011

***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. (15) HAS BEEN REJECTED. Note to Attorney Noe Ramon Noel Ilano : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. Filed In Associated Cases: 1:11−cv−01300−RJH et al.(ldi) (Entered: 06/09/2011)

June 8, 2011

June 8, 2011

17

MEMORANDUM OF LAW in Support re: (11 in 1:11−cv−02697−RJH, 14 in 1:11−cv−01301−RJH, 13 in 1:11−cv−02149−RJH, 9 in 1:11−cv−03277−RJH, 14 in 1:11−cv−01300−RJH, 13 in 1:11−cv−02150−RJH) MOTION for Judgment on the Pleadings.. Document filed by John J. Antonelli, City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department Of Corrections, Dora B. Schriro, The City of New York. Filed In Associated Cases: 1:11−cv−01300−RJH et al.(Ilano, Noe Ramon) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

18

DECLARATION of Noe Ramon N. Ilano in Support re: (11 in 1:11−cv−02697−RJH, 14 in 1:11−cv−01301−RJH, 13 in 1:11−cv−02149−RJH, 9 in 1:11−cv−03277−RJH, 13 in 1:11−cv−02150−RJH, 14 in 1:11−cv−01300−RJH) MOTION for Judgment on the Pleadings.. Document filed by John J. Antonelli, City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department Of Corrections, Dora B. Schriro, The City of New York. (Attachments: # 1 Exhibit Barley S# 2 Exhibit Barley Answer, # 3 Exhibit Raia S# 4 Exhibit Raia Answer, # 5 Exhibit Nee S# 6 Exhibit Nee Answer, # 7 Exhibit Paccione S# 8 Exhibit Paccione Answer, # 9 Exhibit Aqunio S# 10 Exhibit Aquino Answer, # 11 Exhibit Harrison S# 12 Exhibit Harrison Answer, # 13 Exhibit 3/9/11 Order)Filed In Associated Cases: 1:11−cv−01300−RJH et al.(Ilano, Noe Ramon) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

19

STIPULATION AND ORDER ADJOURNING MOTION TO DISMISS: It is hereby stipulated and agreed, by and between the undersigned attorneys for the parties hereto, the plaintiff(s) time to file opposition has been enlarged from July 8, 2011 to August 8, 2011. And defendant(s) time to reply has now been enlarged from July 25, 2011, to August 25, 2011. So Ordered (Signed by Judge Richard J. Holwell on 7/19/2011) Filed In Associated Cases: 1:11−cv−01300−RJH et al.(js) (Entered: 07/21/2011)

July 21, 2011

July 21, 2011

20

ORDER: The Court is in receipt of the parties' letters regarding the propriety of a stay in this case, and GRANTS defendants' request. Because defendants have made the requisite showing on the breadth of discovery sought and the burden of responding to it, as well as on the strength of their dispositive motion, and because a stay in this case, which will last only a few months, will not prejudice the plaintiffs, the Court stays discovery pending resolution of the motion for judgment on the pleadings. (Signed by Judge Richard J. Holwell on 7/28/11) (js) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

21

FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − MOTION to Amend/Correct. Document filed by Robert Barley. (Attachments: # 1 Exhibit amended complaint, # 2 Exhibit amended complaint, # 3 Exhibit amended complaint, # 4 Exhibit amended complaint, # 5 Exhibit amended complaint, # 6 Exhibit amended complaint)(Harris, Seth) Modified on 8/9/2011 (ldi). (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Note to Attorney Seth A. Harris to RE−FILE Document 21 MOTION to Amend/Correct. Use the event type Affirmation in Opposition to Motion found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 08/09/2011)

Aug. 8, 2011

Aug. 8, 2011

23

ENDORSED LETTER addressed to Judge Richard J. Holwell from Noc Ramon Ilano dated 8/9/2011 re: Counsel writes to advise the Court that plaintiff's counsel has filed two further complaints in regards to the above matter. ENDORSEMENT: For the same reasons stated on the Court's June 2, 2011 Order in Barley v. City of New York [11 cv 1300, Dkt. No. 10], 11 Civ. 4780 and 11 cv 5043 shall be consolidated under the docket number of the lead case Barley v. City of New York, 11 Civ. 1300. So Ordered. (Signed by Judge Richard J. Holwell on 8/11/2011) Filed In Associated Cases: 1:11−cv−01300−RJH et al.(jfe) (Entered: 08/15/2011)

Aug. 15, 2011

Aug. 15, 2011

24

STIPULATION AND ORDER: Defendants' time to reply has been adjourned from 8/25/2011 to 9/9/2011. (Replies due by 9/9/2011.) (Signed by Judge Richard J. Holwell on 9/6/2011) Filed In Associated Cases: 1:11−cv−01300−RJH et al. (ab) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

25

FIRST REPLY MEMORANDUM OF LAW in Support re: (11 in 1:11−cv−02697−RJH, 14 in 1:11−cv−01301−RJH, 13 in 1:11−cv−02149−RJH, 9 in 1:11−cv−03277−RJH, 14 in 1:11−cv−01300−RJH, 13 in 1:11−cv−02150−RJH) MOTION for Judgment on the Pleadings. City's Reply . Document filed by John J. Antonelli, City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department Of Corrections, Dora B. Schriro, The City of New York. Filed In Associated Cases: 1:11−cv−01300−RJH et al.(Ilano, Noe Ramon) (Entered: 09/09/2011)

Sept. 9, 2011

Sept. 9, 2011

26

DECLARATION of Noe Ramon Ilano in Support re: (11 in 1:11−cv−02697−RJH, 14 in 1:11−cv−01301−RJH, 13 in 1:11−cv−02149−RJH, 9 in 1:11−cv−03277−RJH, 14 in 1:11−cv−01300−RJH, 13 in 1:11−cv−02150−RJH) MOTION for Judgment on the Pleadings.. Document filed by John J. Antonelli, City of New York Department of Health and Mental Hygiene, William J. Fraser, Martin F. Horn, Bernard B. Kerik, Gary M. Lanigan, New York City Department Of Corrections, Dora B. Schriro, The City of New York. (Attachments: # 1 Exhibit Rikers Island Cancer Study)Filed In Associated Cases: 1:11−cv−01300−RJH et al.(Ilano, Noe Ramon) (Entered: 09/09/2011)

Sept. 9, 2011

Sept. 9, 2011

27

ENDORSED LETTER addressed to Judge Richard J. Holwell from Noe Ramon Ilano dated 12/19/11 re: Counsel for the defendants writes to request that due to the fact that there is a pending motion related to these cases, please cancel the initial conference scheduled for 1/6/12. ENDORSEMENT: Conferences in 11cv6296 and 11cv6297 adjourned sine die. (Signed by Judge Richard J. Holwell on 12/19/2011) Filed In Associated Cases: 1:11−cv−01300−RJH et al.(mro) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

28

NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Richard J. Holwell is no longer assigned to the case. (pgu) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

29

MEMORANDUM AND ORDER granting (14) Motion for Judgment on the Pleadings in case 1:11−cv−01300−LAP; granting (14) Motion for Judgment on the Pleadings in case 1:11−cv−01301−LAP; granting (13) Motion for Judgment on the Pleadings in case 1:11−cv−02149−LAP; granting (13) Motion for Judgment on the Pleadings in case 1:11−cv−02150−LAP; granting (11) Motion for Judgment on the Pleadings in case 1:11−cv−02697−LAP; granting (9) Motion for Judgment on the Pleadings in case 1:11−cv−03277−LAP. Defendants' motion for judgment on the pleadings is GRANTED as to consolidated cases 11 Civ. 1300 [Dkt. No. 14], 11 Civ. 1301 [Dkt. No. 14], 11 Civ. 2149 [Dkt. No. 13], 11 Civ. 2150 [Dkt. No. 13], 11 Civ. 2697 [Dkt. No. 11], 11 Civ. 3277 [Dkt. No.9], 11 Civ. 4780, and 11 Civ. 5043, and all cross−motions [Dkt. No. 22 in 11 Civ. 1300] are DENIED as moot. Plaintiffs MITCHELL, BARTHOLOMEW, SCHWARTZ, KELLY, and MOORE shall show cause within thirty (30) days of the date hereof why their complaints should not also be dismissed for failure to state a claim. (Signed by Judge Loretta A. Preska on 3/28/2012) Filed In Associated Cases: 1:11−cv−01300−LAP et al.(ft) (Entered: 03/28/2012)

March 28, 2012

March 28, 2012

30

CLERK'S JUDGMENT That for the reasons set forth in the Courts Memorandum and Order dated March 28, 2012, Defendants' motion for judgment on the pleadings is granted as to consolidated cases 11 Civ. 1300, 11 Civ. 1301, 11 Civ. 2149, 11 Civ. 2150, 11 Civ. 2697, 11 Civ. 3277, 11 Civ. 4780, and 11 Civ. 5043, and all cross−motions are denied as moot; The Court directs Plaintiffs MITCHELL, BARTHOLOMEW, SCHWARTZ, KELLY, and MOORE to show cause within thirty (30) days of the date hereof of the Memorandum and Order dated March 28, 2012 why their complaints should not also be dismissed for failure to state a claim. (Signed by Clerk of Court Ruby Krajick on 3/29/12) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:11−cv−01300−LAP et al.(ml) (Entered: 03/29/2012)

March 29, 2012

March 29, 2012

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Feb. 24, 2011

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An employee of a new york city jail who worked as a cook.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York (New York), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Personal injury

Sanitation / living conditions

Totality of conditions

Type of Facility:

Government-run