Case: Shariff v. Allah

6:05-cv-06504 | U.S. District Court for the Western District of New York

Filed Date: Sept. 7, 2005

Case Ongoing

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Case Summary

On September 29, 2003, a group of paraplegic prisoners, proceeding pro se, filed a lawsuit in the U.S. District Court for the Southern District of New York against prison officials. The plaintiffs alleged that the defendants failed to provide adequate medical care in violation their rights under the Fifth, Eighth, and Fourteenth Amendments. Specifically, they alleged that prison officials failed to provide adequate bladder care and treatment, such as proper use of disposable catheters, properly sterilized catheters, and access to urologists. The plaintiffs also alleged that the defendants unlawfully discriminated against them by failing to construct wheelchair-amenable cells and failing to provide recreational activities, in violation of the ADA and the Rehabilitation Act of 1973. The plaintiffs sought money damages and injunctive relief.

By the time the amended complaint had been filed, all plaintiffs had been transferred to facilities in the Western District of New York. Judge Deborah A. Batts considered and denied the defendants' motion to dismiss the case for improper venue. In her unpublished order of August 26, 2005, however, Judge Batts granted the defendants' motion to transfer venue to the Western District of New York.

Under the new case number 05-cv-6504, the case was reassigned to Judge Charles J. Siragusa. On December 14, 2005, Judge Siragusa granted a temporary restraining order directing the defendants to supply plaintiffs with six new single-use catheters per day. This was lifted on September 15, 2006, and Judge Siragusa ordered the defendants to instead supply the plaintiffs with soap and water sufficient for cleaning catheters after reuse. On May 29, 2007, the plaintiffs filed the third and final amended complaint.

On May 30, 2009, the plaintiffs filed a motion for class certification. However, the court held the plaintiffs' motion in abeyance from 2010 through 2011 while the parties engaged in settlement discussions.

On May 31, 2013, Judge Siragusa approved a joint stipulation that an expert visit the correctional facilities to review the conditions raised by plaintiffs. The expert was supposed to report back by August 16, 2013. However, as of April 23, 2014, there had been no activity in the docket. Although the judge ordered that counsel provide a joint status report to the court by December 11, 2015, the parties failed to do so.

On October 10, 2017, the judge ordered the parties to show cause why the case should not be dismissed for failure to prosecute. In the plaintiffs' response, they said their lack of reporting to the court was based on a misunderstanding and that the parties had resumed settlement negotiations in September 2017. The plaintiffs noted that they had submitted a settlement proposal to the defendants and that the parties were in the process of negotiating.

After several months of mediation, the parties were unable to reach a settlement agreement. On October 4, 2019, the court certified the plaintiffs' class, and pre-trial preparations began. The order identified the class as "Plaintiffs and all prisoners in the custody of the New York State Department of Correctional and Community Supervision who suffer from a mobility disability limiting one or more of the prisoners major life activities and that requires the use of a wheelchair."

On November 15, 2019, the court ordered plaintiffs' counsel to file a status letter within 30 days, and for the parties to confer and indicate to the court whether or not the matter this action was ready for trial. After nearly ten months passed with no status letter, the court issued an order to show cause on August 6, 2020. The plaintiffs responded and the court directed them to contact Magistrate Judge Mark W. Pedersen for a scheduling conference. In early 2021, the court set a discovery schedule. This case is ongoing.

Summary Authors

Jessica Kincaid (3/2/2014)

Eva Richardson (11/17/2018)

Alex Moody (4/11/2020)

Emily Kempa (3/31/2021)

SDNY's ADA Investigation of the NYC Department of Correction, No Court (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16298360/parties/shariff-v-goord/

Judge(s)

Batts, Deborah A. (New York)

Attorney for Plaintiff

Allah, Divine (New York)

Cook, Jared Kimball (New York)

Attorney for Defendant

Brown, Matthew D (New York)

Bruce, Benjamin A. (New York)

Judge(s)

Batts, Deborah A. (New York)

Feldman, Jonathan W. (New York)

Pedersen, Mark W (New York)

Siragusa, Charles J. (New York)

Attorney for Plaintiff

Allah, Divine (New York)

Cook, Jared Kimball (New York)

Cook, David L. (New York)

Phillips, Spencer D. (New York)

Robinson, Terence Lee Jr. (New York)

Shariff, Abdul (New York)

Torres, Jose (New York)

West, James (New York)

Attorney for Defendant

Brown, Matthew D (New York)

Bruce, Benjamin A. (New York)

Levine, Gary M. (New York)

Nosve, Donald (New York)

Steinman, Charles (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:03-cv-07664	Docket Shariff v. Goord U.S. District Court for the Southern District of New York	Feb. 24, 2014	Feb. 24, 2014 Docket
6:05-cv-06504	Docket [PACER]	Feb. 3, 2021	Feb. 3, 2021 Docket
84 6:05-cv-06504	Third Amended Complaint Shariff v. Goord	May 29, 2007	May 29, 2007 Complaint
213 6:05-cv-06504	Decision & Order Shariff v. Goord	Oct. 4, 2019	Oct. 4, 2019 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16298360/shariff-v-goord/

Last updated July 29, 2026, 3:23 a.m.

ECF Number	Date	Description	Link
44	Sept. 7, 2005	Case transferred in from Southern District of New York; Case Number 03-CV-7664. Original file received (with the excpetion of items #3, 27, 28, 42 which were reported to Southern District as missing from the file), a certified copy of transfer order and docket sheet. (Attachments: # 1 transfer order)(DZ, ) (Entered: 09/07/2005)	RECAP
45	Sept. 7, 2005	CONTINUATION OF EXHIBITS to 44 Case Transferred In - District Transfer, . (Attachments: # 1 Application to Appoint Counsel# 2 Order# 3 Order of Reference# 4 Amended Complaint# 5 amended summons issued# 6 items #8 and #10 retruns of service# 7 return of service# 8 return of service# 9 return of service# 10 return of service# 11 return of service# 12 return of service# 13 return of service# 14 return of service# 15 return of service# 16 return of service# 17 item #20-23 retruns of service)(DZ, ) (Entered: 09/13/2005)	RECAP
46	Sept. 7, 2005	CONTINUATION OF EXHIBITS to 44 Case Transferred In - District Transfer, . (Attachments: # 1 item #25 Memorandum and Order# 2 #26 endorsed letter# 3 # 29 Memorandum and Order# 4 item #30 endorsed letter# 5 item #31 endorsed letter# 6 item #32 endorsed letter# 7 item #33 endorsed letter)(DZ, ) (Entered: 09/13/2005)	RECAP
47	Sept. 7, 2005	CONTINUATION OF EXHIBITS to 44 Case Transferred In - District Transfer, . motion to dismiss and (Attachments: # 1 exhibits to motion# 2 exhibits to moiton)(DZ, ) (Entered: 09/13/2005)	RECAP
48	Sept. 7, 2005	CONTINUATION OF EXHIBITS to 44 Case Transferred In - District Transfer, . (Attachments: # 1 Order #36# 2 item #37 endorsed letter# 3 item #38 memorandum# 4 item #39 endorsed letter# 5 item #40 reply memorandum# 6 item #41 order)(DZ, ) (Entered: 09/13/2005)	RECAP
49	Sept. 22, 2005	NOTICE of Appearance by David L. Cook on behalf of all plaintiffs (Cook, David) (Entered: 09/22/2005)	RECAP
	Sept. 26, 2005	Case Reassigned to Judge Charles J. Siragusa. Judge Hugh B. Scott no longer assigned to the case. (DZ, ) (Entered: 09/27/2005)	PACER
50	Sept. 26, 2005	ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDERCourt Clerk is directed to transfer this action to Rochester and reassign the case to a Rochester judge.Defendants are to file copies of S.D.N.Y. Case No. 03-CV-7664, Docket Nos. 27, 28, and 42, items missing from the docket when this action was transferred from the S.D.N.Y. So Ordered. Signed by Hon. Hugh B. Scott on 9/26/2005. (DRH) (Entered: 09/26/2005)	RECAP
	Sept. 26, 2005	Case Reassigned to Judge Charles J. Siragusa. Judge Hugh B. Scott no longer assigned to the case. (DZ, )
	Sept. 27, 2005	Remark − All future submissions in this action should reflect, and be filed in, the new case number 6:05−CV−6504. (DZ, ) (Entered: 09/27/2005)	PACER
	Sept. 27, 2005	Remark - All future submissions in this action should reflect, and be filed in, the new case number 6:05-CV-6504. (DZ, )
51	Oct. 12, 2005	ORDER REFERRING CASE to Magistrate Judge Jonathan W. Feldman. Signed by Hon. Charles J. Siragusa on 10/11/05. (JHF) (Entered: 10/12/2005)	RECAP
52	Oct. 14, 2005	ORDER Scheduling Conference set for 12/2/2005 at 10:00 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 10/14/2005. (RO) (Entered: 10/14/2005)	RECAP
53	Oct. 20, 2005	MEMORANDUM IN SUPPORT re 50 Order, This was Docket # 27 in S.D.N.Y. Case # 03cv7664 byAbdul Shariff, Jose Torres, Divine Allah, James West. (Steinman, Charles) (Entered: 10/20/2005)	RECAP
54	Oct. 20, 2005	MOTION for Preliminary Injunction this was Docket #28 in S.D.N.Y Case #03cv7664 (Refer to Order Docket # 50) by Abdul Shariff, Jose Torres, Divine Allah, James West.(Steinman, Charles) (Entered: 10/20/2005)	RECAP
55	Oct. 20, 2005	REPLY to Response to Motion re 54 MOTION for Preliminary Injunction this was Docket #42 in S.D.N.Y. Case #03cv7664 (Refer to Order Docket #50 filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Steinman, Charles) Modified on 10/21/2005 (JHF) (Entered: 10/20/2005)	RECAP
	Oct. 21, 2005	E−Filing Error Corrected: per attorney, Clerk corrected docket text for 55 REPLY. (JHF) (Entered: 10/21/2005)	PACER
	Oct. 21, 2005	E-Filing Error Corrected: per attorney, Clerk corrected docket text for 55 REPLY. (JHF)
56	Nov. 21, 2005	Minute Entry for proceedings held before Judge Charles J. Siragusa : In Chambers Conference held on 11/21/2005. (Court Reporter Frank Leogrande.) (MSH, ) (Entered: 11/22/2005)	RECAP
57	Dec. 2, 2005	Minute Entry for proceedings held before Judge Jonathan W. Feldman : Status Conference held on 12/2/2005. (RO) (Entered: 12/02/2005)	RECAP
58	Dec. 9, 2005	Minute Entry for proceedings held before Judge Charles J. Siragusa : Preliminary Injunction hearing held. Court issues a temporary restraining order and hearing will continue 12-16-05 at 10:00 am.(Court Reporter Frank Leogrande.) (MSH, ) (Entered: 12/09/2005)	RECAP
	Dec. 12, 2005	Set/Reset Deadlines as to 54 MOTION for Preliminary Injunction this was Docket #28 in S.D.N.Y Case #03cv7664 (Refer to Order Docket # 50) . Motion Hearing continued for 12/16/2005 10:00 AM before Hon. Charles J. Siragusa. (TO, ) (Entered: 12/12/2005)	PACER
	Dec. 12, 2005	Set/Reset Deadlines as to 54 MOTION for Preliminary Injunction this was Docket #28 in S.D.N.Y Case #03cv7664 (Refer to Order Docket # 50). Motion Hearing continued for 12/16/2005 10:00 AM before Hon. Charles J. Siragusa. (TO, )
59	Dec. 14, 2005	TEMPORARY RESTRAINING ORDER that until further Order of the Court, defendants are directed to supply plaintiffs Abdul Shariff, James west, and Divine Allah, with six (6) new single-use catheters per day. Signed by Hon. Charles J. Siragusa on 12/14/05. (JHF) (Entered: 12/14/2005)	RECAP
60	Dec. 15, 2005	DECLARATION signed by Gabriel Haas, M.D. re 54 MOTION for Preliminary Injunction this was Docket #28 in S.D.N.Y Case #03cv7664 (Refer to Order Docket # 50) filed by Carl J. Koeningsmann, Robert Macomber, David. Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright, Glenn S. Goord, William E. Phillips, Carl J. Koeningsmann, Robert Macomber, David. Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright, Glenn S. Goord, William E. Phillips In Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Carl J. Koeningsmann, Robert Macomber, David. Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright, Glenn S. Goord, William E. Phillips, Carl J. Koeningsmann, Robert Macomber, David. Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright, Glenn S. Goord, William E. Phillips. (Bruce, Benjamin) (Entered: 12/15/2005)	RECAP
61	Dec. 16, 2005	Minute Entry for proceedings held before Judge Charles J. Siragusa : Preliminary Injunction Hearing held on 12/16/2005. Temporary restraining order lifted and request for a preliminary injunction is denied. (Court Reporter Christi Macri.) (MSH, ) (Entered: 12/16/2005)	RECAP
62	June 23, 2006	ORDER Scheduling Conference set for 8/2/2006 at 02:30 PM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 6/23/2006. (RO) (Entered: 06/23/2006)	RECAP
	July 31, 2006	NOTICE: Scheduling Conference set for 8/2/2006 is RESET for 9/11/2006 at 02:00 PM before Hon. Jonathan W. Feldman. (RO) (Entered: 07/31/2006)	PACER
	July 31, 2006	NOTICE: Scheduling Conference set for 8/2/2006 is RESET for 9/11/2006 at 02:00 PM before Hon. Jonathan W. Feldman. (RO)
63	Sept. 11, 2006	SCHEDULING ORDER: Mandatory Disclosure due by 9/29/2006. Defendant Expert Witness ID due by 3/2/2007. Plaintiff Expert Witness ID due by 2/2/2007. Discovery due by 4/2/2007. Join Parties/Amend Pleadings due by 11/15/2006. Motions due by 7/2/2007. Signed by Hon. Jonathan W. Feldman on 9/11/2006. (RO) (Entered: 09/11/2006)	RECAP
64	Sept. 11, 2006	Minute Entry for proceedings held before Judge Jonathan W. Feldman : Scheduling Conference held on 9/11/2006. Order issued. (RO) (Entered: 09/11/2006)	RECAP
65	Sept. 15, 2006	ORDER denying 54 Motion for Preliminary Injunction; the Temporary Restraining Order issued on 12/9/05 is Lifted; and, the defendants are to provide plaintiffs with soap and water sufficient for cleaning catheters afetr reuse. Signed by Judge Charles J. Siragusa on 9/14/06. (JHF) (Entered: 09/19/2006)	RECAP
66	Oct. 30, 2006	ANSWER to Interrogatories from Defendant Donna (Masterson) D'Aloia by Donna Masterson.(Bruce, Benjamin) (Entered: 10/30/2006)	RECAP
67	Nov. 2, 2006	ANSWER to Interrogatories from Defendant Robert MaComber's Response to Plaintiff's First Set of Interrogatories mailed on October 2, 2006 by Robert Macomber.(Bruce, Benjamin) (Entered: 11/02/2006)	RECAP
68	Nov. 2, 2006	ANSWER to Interrogatories from Defendant William Mazzuca in Response to Plaintiff's 1st Set of Interrogatories mailed on 10-2-06 by William Mazzuca.(Bruce, Benjamin) (Entered: 11/02/2006)	RECAP
69	Nov. 3, 2006	ANSWER to Interrogatories from Defendant Nancy O'Connor-Ryerson's Response to Plaintiff's Interrogatories mailed on 10-2-06 by Nancy Conner.(Bruce, Benjamin) (Entered: 11/03/2006)	RECAP
70	Nov. 8, 2006	ANSWER to Interrogatories from Defendant David Goodwin Respones to Plaintiff's First Set of Interrogatories mailed on 10-2-06 by David. Goodwin.(Bruce, Benjamin) (Entered: 11/08/2006)	RECAP
71	Nov. 9, 2006	ANSWER to Interrogatories from Defendant Lester Wright Response to Plaintiff's 1st Set of Interrogatories mailed on 10-2-2006 by Lester N. Wright.(Bruce, Benjamin) (Entered: 11/09/2006)	RECAP
72	Nov. 9, 2006	RESPONSE to Discovery Request from Defendant Lester Wright Response with Exhibit A to Plaintiff's 1st Request for Production of Documents dated 10-2-2006 by Lester N. Wright.(Bruce, Benjamin) (Entered: 11/09/2006)	RECAP
73	Nov. 9, 2006	ANSWER to Interrogatories from Defendant Stephen Bernardi Response to Plaintiff's 1st Set of Interrogatories mailed on 10-2-2006 by Stephen Bernardi.(Bruce, Benjamin) (Entered: 11/09/2006)	RECAP
74	Nov. 16, 2006	SCHEDULING ORDER: Defendant Expert Witness ID due by 5/2/2007. Plaintiff Expert Witness ID due by 4/2/2007. All parties shall complete expert discovery by 6/4/2007. Factual Discovery due by 6/4/2007. Join Parties/Amend Pleadings due by 1/16/2007. Motions due by 9/4/2007. Signed by Hon. Jonathan W. Feldman on 11/16/2006. (LMD, ) (Entered: 11/16/2006)	RECAP
75	Dec. 7, 2006	ANSWER to Interrogatories from Defendant Glenn Goord Response to Plaintiffs 1st Set of Interrogatories mailed on 10-02-2006 by Glenn S. Goord.(Bruce, Benjamin) (Entered: 12/07/2006)	RECAP
76	Dec. 13, 2006	ANSWER to Interrogatories from Defendant William Phillips to Plaintiff's 1st Set of Interrogatories mailed on 10-02-2006 by William E. Phillips.(Bruce, Benjamin) (Entered: 12/13/2006)	RECAP
77	Jan. 2, 2007	ANSWER to Interrogatories from Defendant J. Peter Gregoire, MD to Plaintiff's 1st set of Interrogatories mailed on October 2, 2006 by Peter Gregoire.(Bruce, Benjamin) (Entered: 01/02/2007)	RECAP
78	Jan. 12, 2007	SECOND AMENDED SCHEDULING ORDER: Defendant Expert Witness ID due by 6/1/2007. Plaintiff Expert Witness ID due by 5/2/2007. Discovery due by 7/5/2007. Join Parties/Amend Pleadings due by 2/16/2007. Motions due by 10/4/2007. Signed by Hon. Jonathan W. Feldman on 1/12/2007. (RO) (Entered: 01/16/2007)	RECAP
79	Feb. 15, 2007	THIRD AMENDED SCHEDULING ORDER: Defendant Expert Witness ID due by 7/5/2007. Plaintiff Expert Witness ID due by 6/4/2007. Discovery due by 8/6/2007. Join Parties/Amend Pleadings due by 3/16/2007. Motions due by 11/5/2007. Signed by Hon. Jonathan W. Feldman on 2/15/2007. (RO) (Entered: 02/15/2007)	RECAP
80	March 16, 2007	SECOND AMENDED COMPLAINT against all defendants, filed by Abdul Shariff, Divine Allah, James West.(Cook, David) Docket Text Modified on 3/19/2007 (JHF). Docket Text Modified on 4/13/2007 (JHF). (Entered: 03/16/2007)	RECAP
81	March 16, 2007	CERTIFICATE OF SERVICE by Abdul Shariff, Divine Allah, James West re 80 Amended Complaint Second Amended Complaint (Cook, David) (Entered: 03/16/2007)	RECAP
	April 13, 2007	E−Filing Notification: per 82 order, revised docket text of 80 to SECOND AMENDED COMPLAINT (now is the operative pleading) from PROPOSED AMENDED COMPLAINT. Revised caption to show termination of some defendants and of plaintiff Torres, addition of new defendants, and revision of existing defendants' names and party text. (JHF) (Entered: 04/13/2007)	PACER
82	April 13, 2007	ORDER that 80 Proposed Amended Complaint is now the operative pleading. Clerk directed to revise the docket sheet accordingly. Defense counsel will accept service of the new complaint on previously named defendants Goord, Wright, Bernardi, Poole, Gregoire and Phillips. Plaintiff's counsel will need to arrange service of the new complaint on the remaining and newly named defendants. Defendants will have 60 days from the date of service to answer the new complaint. Signed by Hon. Jonathan W. Feldman on 4/12/07. (JHF) (Entered: 04/13/2007)	RECAP
83	April 13, 2007	LETTER ORDER granting defendants Goord, Wright, Bernardi, Poole, Gregoire and Phillips request for 60 days to answer 80 Amended Complaint. Signed by Hon. Jonathan W. Feldman on 4/13/07. (JHF) (Entered: 04/13/2007)	RECAP
	April 13, 2007	E-Filing Notification: per 82 order, revised docket text of 80 to SECOND AMENDED COMPLAINT (now is the operative pleading) from PROPOSED AMENDED COMPLAINT. Revised caption to show termination of some defendants and of plaintiff Torres, addition of new defendants, and revision of existing defendants' names and party text. (JHF)
84	May 29, 2007	AMENDED COMPLAINT (Third Amended Complaint) against all defendants, filed by Abdul Shariff. (Attachments: # 1)(Cook, David) (Entered: 05/29/2007)	RECAP
85	Aug. 17, 2007	LETTER ORDER granting defendants Goord, Wright, Bernardi, Poole, Gregoire and Phillips request for an extension of 30 days to answer 84 Amended Complaint and Attorney Benjamin Bruce accepts service on behalf of these defendants. Signed by Hon. Jonathan W. Feldman on 8/17/07. (JHF) (Entered: 08/21/2007)	RECAP
86	Sept. 18, 2007	ANSWER to Amended Complaint Third Amended Complaint by Thomas M. Poole, the New York State Department of Correctional Services, J. Peter Gregoire, MD, Stephen Bernardi, Lester N. Wright, MPH, Glenn S. Goord, William Phillips.(Bruce, Benjamin) (Entered: 09/18/2007)	RECAP
87	Sept. 26, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Robert Ercole, Superintendent of Green Haven on 09/18/07, filed by Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)	RECAP
88	Sept. 26, 2007	AFFIDAVIT of Service for Affidavit of Service served on Sheryl Zenzen, Deputy Superintendent of Programs at Five Points on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)	RECAP
89	Sept. 26, 2007	AFFIDAVIT of Service for Affidavit of Service served on Daniel Weinstock, Health Services Director on 9/18/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)	RECAP
90	Sept. 26, 2007	AFFIDAVIT of Service for Affidavit of Service served on Sandra Dolce, Deputy Superintendent of Programs at Attica on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)	RECAP
91	Sept. 26, 2007	AFFIDAVIT of Service for Affidavit of Service of Summons and Third Amended Complaint served on James Conway, Superintendent at Attica on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)	RECAP
92	Sept. 26, 2007	AFFIDAVIT of Service for Affidavit of Service of Summons and Third Amended Complaint served on Jim Lindsay, Deputy Superintendant of Programs at Orleans on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)	RECAP
93	Sept. 26, 2007	AFFIDAVIT of Service for Affidavit of Service of Summons and Third Amended Complaint served on Sherry Montanari, Nurse Administrator at Orleans on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)	RECAP
94	Sept. 26, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Dave Unger, Superintendant at Orleans on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)	RECAP
95	Sept. 26, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Nurse Robinson on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)	RECAP
96	Oct. 2, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Michael Giambruno, Superintendent at Wyoming on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)	RECAP
97	Oct. 2, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Habib Skieky, M.D., Health Services Director at Wyoming on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)	RECAP
98	Oct. 2, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Gerald Elmore, Deputy Superintendent at Wyoming on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)	RECAP
99	Oct. 2, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Mohrning, Medical Director on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)	RECAP
100	Oct. 2, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Pippen, R.N., Nurse on 9/21/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)	RECAP
101	Oct. 2, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on John R. Demars, Deputy Superintendent at Franklin on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)	RECAP
102	Oct. 2, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Glen Champagne, M.D., Medical Director at Franklin on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)	RECAP
103	Oct. 2, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Charles M. Devane, Former Deputy Commissioner of Administrataive Services on 9/21/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)	RECAP
104	Oct. 2, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Evelyn Weissman, Facility Health Services Director at Upstate on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)	RECAP
105	Oct. 2, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Maria B. Tirone, Deputy Superintendent at Upstate on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)	RECAP
106	Oct. 2, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Robert K. Woods, Superintendent at Upstate on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)	RECAP
107	Oct. 11, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Brian S. Fischer, Acting Commissioner of DOCS on 9/19/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) Modified on 10/11/2007 (O, T). (Entered: 10/11/2007)	RECAP
108	Oct. 11, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on Robert Raymondm, ADA Coordinator for DOCS on 9/28/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/11/2007)	RECAP
109	Oct. 11, 2007	AFFIDAVIT of Service for Summons and Third Amended Complaint served on John H. Nuttall, Deputy Commissioner of Program Services on 9/19/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/11/2007)	RECAP
110	Oct. 18, 2007	Defendant Devane's ANSWER to Amended Complaint by Charles Devane.(Bruce, Benjamin) (Entered: 10/18/2007)	RECAP
111	Oct. 18, 2007	Defendant NYS DOCS' ANSWER to Amended Complaint by the New York State Department of Correctional Services.(Bruce, Benjamin) (Entered: 10/18/2007)	RECAP
112	Oct. 18, 2007	Defendant Fischer's ANSWER to Amended Complaint by Brian S. Fischer.(Bruce, Benjamin) (Entered: 10/18/2007)	RECAP
113	Oct. 18, 2007	Defendant Nuttall's ANSWER to Amended Complaint by John H. Nuttall.(Bruce, Benjamin) (Entered: 10/18/2007)	RECAP
114	Oct. 18, 2007	AMENDED ANSWER to Third Amended Complaint 84 Amended Complaint by Defendant Goord by Glenn S. Goord. (Bruce, Benjamin) (Entered: 10/18/2007)	RECAP
115	Oct. 18, 2007	AMENDED ANSWER to Third Amended Complaint 84 Amended Complaint By Defendant Wright by Lester N. Wright, MPH. (Bruce, Benjamin) (Entered: 10/18/2007)	RECAP
116	Oct. 19, 2007	ANSWER to Amended Complaint Third Amended Complaint by John R. Demars.(Bruce, Benjamin) (Entered: 10/19/2007)	RECAP
117	Oct. 19, 2007	ANSWER to Amended Complaint Third Amended Complaint by Pippen, RN.(Bruce, Benjamin) (Entered: 10/19/2007)	RECAP
118	Oct. 22, 2007	Defendant Dr. Shiekh ANSWER to Amended Complaint by Habib Shieky, MD.(Bruce, Benjamin) (Entered: 10/22/2007)	RECAP
119	Oct. 22, 2007	Defendant Giambruno ANSWER to Amended Complaint by Michael Giambruno.(Bruce, Benjamin) (Entered: 10/22/2007)	RECAP
120	Oct. 22, 2007	Defendant Mohring ANSWER to Amended Complaint by Mohrning.(Bruce, Benjamin) (Entered: 10/22/2007)	RECAP
121	Oct. 22, 2007	Defendant Elmore ANSWER to Amended Complaint by Gerald Elmore.(Bruce, Benjamin) (Entered: 10/22/2007)	RECAP
122	Oct. 22, 2007	Defendant Dolce ANSWER to Amended Complaint by Sandra Dolce.(Bruce, Benjamin) (Entered: 10/22/2007)	RECAP
123	Oct. 22, 2007	Defendant Champagne ANSWER to Amended Complaint by Glen Champagne, MD.(Bruce, Benjamin) (Entered: 10/22/2007)	RECAP
124	Oct. 22, 2007	Defendant Conway ANSWER to Amended Complaint by James Conway.(Bruce, Benjamin) (Entered: 10/22/2007)	RECAP
125	Oct. 22, 2007	AMENDED ANSWER to 84 Amended Complaint on behalf of Defendant Bernardi by Stephen Bernardi. (Bruce, Benjamin) (Entered: 10/22/2007)	RECAP
126	Oct. 23, 2007	Defendant Montanari ANSWER to Amended Complaint by Sherry Montanari.(Bruce, Benjamin) (Entered: 10/23/2007)	RECAP
127	Oct. 23, 2007	Defendant Robinson ANSWER to Amended Complaint by Robinson, RN.(Bruce, Benjamin) (Entered: 10/23/2007)	RECAP
128	Oct. 23, 2007	Defendant Lindsay ANSWER to Amended Complaint by Jim Lindsay.(Bruce, Benjamin) (Entered: 10/23/2007)	RECAP
129	Oct. 23, 2007	Defendant Unger ANSWER to Amended Complaint by Dave Unger.(Bruce, Benjamin) (Entered: 10/23/2007)	RECAP
130	Oct. 23, 2007	Defendant Ercole ANSWER to Amended Complaint by Robert Ercole.(Bruce, Benjamin) (Entered: 10/23/2007)	RECAP
131	Oct. 23, 2007	AMENDED ANSWER to 84 Amended Complaint Defendant Phillips by William Phillips. (Bruce, Benjamin) (Entered: 10/23/2007)	RECAP