Case: Betances v. Fischer

1:11-cv-03200 | U.S. District Court for the Southern District of New York

Filed Date: May 11, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 11, 2011, three individuals given extrajudicial sentences of post-release supervision filed this class action lawsuit in the U.S. District Court for the Southern District of New York under 42 U.S.C. § 1983. The named defendants were the New York State Department of Correctional Services (DOCS) and the New York State Division of Parole (DOP). They claimed that the defendants administratively assigned sentences of post-release supervision (PRS) and that only a judge could impose an additio…

On May 11, 2011, three individuals given extrajudicial sentences of post-release supervision filed this class action lawsuit in the U.S. District Court for the Southern District of New York under 42 U.S.C. § 1983. The named defendants were the New York State Department of Correctional Services (DOCS) and the New York State Division of Parole (DOP). They claimed that the defendants administratively assigned sentences of post-release supervision (PRS) and that only a judge could impose an additional sentence under the Fourth and Fourteenth Amendments. Represented by private counsel, the plaintiffs sought declaratory relief, class certification, and compensatory and punitive damages.

The plaintiffs filed an amended complaint on October 20, 2011, which added two named plaintiffs to the action, bringing the total to three.

On November 15, 2011, the defendants filed a motion to dismiss the complaint for failure to state a claim on the ground of qualified immunity. On February 10, 2012, Judge Shira A. Scheindlin denied the motion. Bentley v. Dennison, 852 F. Supp. 2d 379 (S.D.N.Y. 2012). The court found that the plaintiffs had made plausible factual allegations that the defendants were responsible for the deprivation of their constitutional rights and that the plaintiffs' rights were clearly established under Earley v. Murray, 451 F.3d 71 (2d Cir. 2006). The defendants appealed from the denial of their motion to dismiss, and the U.S. Court of Appeals for the Second Circuit affirmed the District Court's holding on July 8, 2014. The appeals court held that, under Earley, the administrative imposition PRS terms not imposed by the court was unconstitutional, thus precluding a finding of qualified immunity in this case.

On July 16, 2014, the case was referred to Magistrate Judge James C. Francis for settlement purposes.

On January 28, 2015, Judge Scheindlin granted the plaintiffs' Motion to Certify Class. The court found that the plaintiffs satisfied the requirements of class certification. The class consisted of “all persons who were sentenced to prison in New York State for a fixed term that did not include a term of PRS, but who were nevertheless subjected to PRS after the maximum expiration dates of their determinate sentences and after June 9, 2006.”

On May 8, 2015, the defendants requested summary judgment. They argued that they were entitled to qualified immunity and that the plaintiffs had failed to establish the personal involvement of certain defendants. The defendants also moved to modify the class to exclude certain class members’ claims that they alleged were barred by statute of limitations, and to exclude class members whose claims they alleged were precluded. Subsequently, the plaintiffs filed a cross-motion for partial summary judgment on the question of personal liability for three officers.

On August 6, 2015, Judge Scheindlin granted in part and denied in part the defendants' motion for summary judgment and granted the plaintiffs' partial motion for summary judgment. The court found that since the defendants had failed to make reasonable efforts to comply with precedent that the imposition of post-release supervisory sentences was unconstitutional, they were not entitled to qualified immunity. The court further found that the three individual defendants cited in the plaintiffs' motion could be held personally liable as a matter of law, while the court granted defendants' motion for summary judgment with respect to the remaining DOP defendants. Regarding the defendants' remaining claims, the court held that the action was not barred by the statute of limitations or collateral estoppel.

The defendants filed an interlocutory appeal to the U.S. Court of Appeals for the Second Circuit on qualified immunity grounds. The plaintiffs then filed a motion for an order certifying defendants' interlocutory appeal as frivolous. On October 14, 2015, the District Court found that dual jurisdiction was warranted between the District Court and the Court of Appeals because the defendants' renewed qualified immunity claims were frivolous. Thus, the District Court determined that it retained jurisdiction despite the interlocutory appeal.

However, on December 16, 2015, the Court of Appeals ordered a stay of proceedings in the District Court pending resolution of the defendants' interlocutory appeal. On September 16, 2016, the Court of Appeals affirmed the District Court's denial of qualified immunity to the defendants. Betances v. Fisher, 837 F.3d 162 (2d Cir. 2016). During this period of time, the case was reassigned to District Judge Deborah A. Batts.

On May, 30 2018, the parties consented for the rest of the case to be heard by a magistrate judge. The case was then assigned to United States Magistrate Judge Robert Lehrburger.

Following several years of additional discovery and intermittent attempts at settlement discussions, in August 2018 the defendants filed a motion for summary judgment and to modify or decertify the class. Specifically, the defendants sought to: (1) dismiss class members whose claims were untimely; (2) dismiss class members who had claims for compensatory damages and award them nominal damages; (3) if the court deemed any class members' damages could be more than nominal, dismiss claims for damages not caused by the defendants; (4) modify the class to exclude plaintiffs if they were referred for resentencings, or limit their damages; (5) decertify the class for purposes of damages; and (6) preclude claims for false imprisonment.

Judge Lehrburger decided the defendants' motions for summary judgment and class certification on February 21, 2019. He denied the defendants' motion for summary judgment, except to the extent that it applied to plaintiffs who had sentences of PRS imposed to fix clerical errors by their sentencing courts. Judge Lehrburger barred these plaintiffs from receiving more than nominal damages. He also completely denied the class decertification motion.

After the defendants' motions were denied, the case slowly crept towards trial, which was delayed by the COVID-19 pandemic. On March 1, 2021, Judge Lehrburger set a trial date of June 16, 2021. However, in May, defendants moved to decertify the class, contesting the propriety of determining damages for loss of liberty on a class-wide basis. They argued that “a highly complicated and individualized analysis [was] required to determine . . . what damages any class member may be entitled to;” therefore proceeding to trial on this issue was inappropriate. On plaintiffs’ request, the court withdrew the June 16 trial date due to this disputed legal issue and instead set a briefing schedule on the merits and mechanics of proceeding to trial on a class-wide basis. 

Following oral argument in January, the court issued its decision on class decertification on March 14, 2022. 2022 WL 765963. Noting Judge Scheindlin’s 2015 class certification order that contemplated the class would be maintained for trial on general damages, the court denied defendants’ motion to decertify, holding that defendants had not made the court aware of any change in law or fact that would merit a different outcome than Judge Scheindlin’s previous ruling. First, the court found that general damages were available for loss of liberty, and loss of liberty damages could be determined on a class-wide basis. Next, the court found that the class continued to meet the requirements under Federal Rule of Civil Procedure 23 (numerosity, commonality, adequacy, and ascertainability). Further, the court agreed with plaintiffs’ argument that any individualized damages could be dealt with by decertifying the class after the class-wide damages issues were determined at trial. 

As requested by the court, the parties submitted a joint letter in April 2022 setting a schedule for completing notice to the class, a schedule for filing any outstanding pre-trial materials, a description of any remaining pre-trial in limine issues that had not been resolved, and dates during the third quarter of 2022 when the parties were not available for trial. 

This case is ongoing. 

Summary Authors

Kevin Nomura (2/16/2015)

Eva Richardson (1/31/2019)

Jonah Hudson-Erdman (4/12/2021)

Zoe Goldstein (4/19/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4349073/parties/betances-v-fischer/


Judge(s)

Batts, Deborah A. (New York)

Droney, Christopher Fitzgerald (New York)

Francis, James C. IV (New York)

Katzmann, Robert A. (New York)

Kearse, Amalya Lyle (New York)

Lehrburger, Robert W (New York)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Horowitz, Hayley (New York)

Kaufman, Alanna Gayle (New York)

Judge(s)

Batts, Deborah A. (New York)

Droney, Christopher Fitzgerald (New York)

Francis, James C. IV (New York)

Katzmann, Robert A. (New York)

Kearse, Amalya Lyle (New York)

Lehrburger, Robert W (New York)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Horowitz, Hayley (New York)

Kaufman, Alanna Gayle (New York)

Pulver, Adam R (New York)

Attorneys(s) for Defendant

Cooney, James Brennan (New York)

Hathaway, Barbara (New York)

Hehenberger, Anna (New York)

Keane, Michael J. (New York)

Okereke, Christina Chinwe (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

March 1, 2021 Docket
1

Complaint

May 11, 2011 Complaint
5

Amended Complaint

Oct. 20, 2011 Complaint
32

Opinion and Order Denying Defendant's 12(b)(6) Motion

852 F.Supp.2d 379

Feb. 10, 2012 Order/Opinion
42

2nd Cir. Court of Appeals Summary Order Affirming District Court Denial of 12(b)(6)

U. S. Court of Appeals for the Second Circuit

519 Fed.Appx. 39

July 8, 2014 Order/Opinion
77

Opinion and Order

304 F.R.D. 416, 2015 WL 363174

Jan. 28, 2015 Order/Opinion
112

Opinion and Order

Aug. 6, 2015 Order/Opinion
61

Opinion

Sept. 16, 2016 Order/Opinion
222

Decision and Order

403 F.Supp.3d 212

Feb. 21, 2019 Order/Opinion
334

Order on Motion in Limine

2022 WL 765963

March 14, 2022 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4349073/betances-v-fischer/

Last updated May 20, 2022, 3:54 a.m.

ECF Number Description Date Link
1

COMPLAINT against George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Jane Does 1-25, Jane Does 26-50, John Does 1-25, John Does 26-50, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Filing Fee $ 350.00, Receipt Number 1006477)Document filed by Paul Betances. (Attachments: # 1 Related Case Statement)(ama) (Entered: 05/16/2011)

1 Related Case Statement

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May 11, 2011 PACER

SUMMONS ISSUED as to George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Jane Does 1-25, Jane Does 26-50, John Does 1-25, John Does 26-50, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (ama)

May 11, 2011 PACER

CASE REFERRED TO Judge Shira A. Scheindlin as possibly related to 1:11-cv-1056. (ama)

May 11, 2011 PACER

Case Designated ECF. (ama)

May 11, 2011 PACER

CASE ACCEPTED AS RELATED. Create association to 2:11-cv-01056-SAS. Notice of Assignment to follow. (sjo)

May 23, 2011 PACER
2

NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (sjo) (Entered: 05/24/2011)

May 23, 2011 PACER

Magistrate Judge James C. Francis IV is so designated. (sjo)

May 23, 2011 PACER
3

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Adam R. Pulver dated 10/14/2011 re: Counsel for the Plaintiffs writes to request an extension of time until 10/20/2011 to file and serve their amended complaints. ENDORSEMENT: Request to extend Plaintiffs' time to file and serve amended complaints until 10/20/2011 is granted. (Amended Pleadings due by 10/20/2011.) (Signed by Judge Shira A. Scheindlin on 10/14/2011) (ab) (Entered: 10/14/2011)

Oct. 14, 2011 PACER
4

NOTICE OF APPEARANCE by Adam R Pulver on behalf of Paul Betances (Pulver, Adam) (Entered: 10/17/2011)

Oct. 17, 2011 PACER
5

AMENDED COMPLAINT against George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Jane Does 1-25, Jane Does 26-50, John Does 1-25, John Does 26-50, John/Jane Does 26-50, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP) with JURY DEMAND. Document filed by Paul Betances, Lloyd A. Barnes, Gabriel Velez.(ft) (ama). (Entered: 10/21/2011)

Oct. 20, 2011 PACER
6

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Adam R. Pulver dated 10/20/2011 re: Counsel for the plaintiffs write to request that the Court formally add the Betances matter to the conference scheduled for 4:30 p.m. on October 24, 2011, in the related case Bentley v. Dennison. ENDORSEMENT: Request granted. The conference scheduled for October 24, 2011 in Bentley V. Dennison, 11 Civ. 1056, will also include Bentances v. Fischer, 11 Civ. 3200. So ordered. (Signed by Judge Shira A. Scheindlin on 10/21/2011) (ft) (Entered: 10/21/2011)

Oct. 21, 2011 PACER
7

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,, Complaint,,,,,. Brian Fischer(Individually) served on 10/24/2011, answer due 11/14/2011. Service was accepted by Jason D. Effman - Assistant Counsel. Document filed by Paul Betances; Lloyd A. Barnes; Gabriel Velez. (Brinckerhoff, Matthew) (Entered: 10/26/2011)

Oct. 26, 2011 PACER
8

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,, Complaint,,,,,. Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS) served on 10/24/2011, answer due 11/14/2011. Service was accepted by Jason D. Effman - Assistant Counsel. Document filed by Paul Betances; Lloyd A. Barnes; Gabriel Velez. (Brinckerhoff, Matthew) (Entered: 10/26/2011)

Oct. 26, 2011 PACER
9

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,, Complaint,,,,,. Lucien J. LeClaire, Jr(Individually) served on 10/24/2011, answer due 11/14/2011. Service was accepted by Jason D. Effman - Assistant Counsel. Document filed by Paul Betances; Lloyd A. Barnes; Gabriel Velez. (Brinckerhoff, Matthew) (Entered: 10/26/2011)

Oct. 26, 2011 PACER
10

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,, Complaint,,,,,. Glenn S. Goord served on 10/24/2011, answer due 11/14/2011. Service was accepted by Jason D. Effman - Assistant Counsel. Document filed by Paul Betances; Lloyd A. Barnes; Gabriel Velez. (Brinckerhoff, Matthew) (Entered: 10/26/2011)

Oct. 26, 2011 PACER
11

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,, Complaint,,,,,. Andrea W. Evans(in her individual capacity) served on 10/24/2011, answer due 11/14/2011. Service was accepted by Craig R. Mausler - Assistant Counsel. Document filed by Paul Betances; Lloyd A. Barnes; Gabriel Velez. (Brinckerhoff, Matthew) (Entered: 10/26/2011)

Oct. 26, 2011 PACER
12

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,, Complaint,,,,,. Mark Mantei(in his capacity as Executive Director of DOP) served on 10/24/2011, answer due 11/14/2011. Service was accepted by Craig R. Mausler - Assistant Counsel. Document filed by Paul Betances; Lloyd A. Barnes; Gabriel Velez. (Brinckerhoff, Matthew) (Entered: 10/26/2011)

Oct. 26, 2011 PACER
13

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,, Complaint,,,,,. Terence Tracy(in his individual capacity) served on 10/24/2011, answer due 11/14/2011. Service was accepted by Craig R. Mausler - Assistant Counsel. Document filed by Paul Betances; Lloyd A. Barnes; Gabriel Velez. (Brinckerhoff, Matthew) (Entered: 10/26/2011)

Oct. 26, 2011 PACER
14

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,, Complaint,,,,,. George B. Alexander(in his individual capacity) served on 10/24/2011, answer due 11/14/2011. Service was accepted by Craig R. Mausler - Assistant Counsel. Document filed by Paul Betances; Lloyd A. Barnes; Gabriel Velez. (Brinckerhoff, Matthew) (Entered: 10/26/2011)

Oct. 26, 2011 PACER
15

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,, Complaint,,,,,. Robert J. Dennison(former Chair of DOP) served on 10/24/2011, answer due 11/14/2011. Service was accepted by Craig R. Mausler - Assistant Counsel. Document filed by Paul Betances; Lloyd A. Barnes; Gabriel Velez. (Brinckerhoff, Matthew) (Entered: 10/26/2011)

Oct. 26, 2011 PACER
16

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,, Complaint,,,,,. Anthony G. Ellis, II(in his individual capacity) served on 10/24/2011, answer due 11/14/2011. Service was accepted by Jill Bertrand - Secretary to Counsel. Document filed by Paul Betances; Lloyd A. Barnes; Gabriel Velez. (Brinckerhoff, Matthew) (Entered: 10/26/2011)

Oct. 26, 2011 PACER
17

MOTION to Dismiss the Amended Complaints. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Jane Does 1-25, Jane Does 26-50, John Does 1-25, John Does 26-50, John/Jane Does 26-50, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). Responses due by 12/12/2011(Cooney, James) (Entered: 11/15/2011)

Nov. 15, 2011 PACER
18

MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss the Amended Complaints.. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Jane Does 1-25, Jane Does 26-50, John Does 1-25, John Does 26-50, John/Jane Does 26-50, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Cooney, James) (Entered: 11/15/2011)

Nov. 15, 2011 PACER
19

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Michael J. Keane dated 11/16/2011 re: counsel for defendants respectfully request that the Court accept the filings --by ECF after midnight on November 10,2011 (4:30 -5:00 a.m. on November 11) --and grant defendants leave to file a 30 page memorandum as briefing for both actions. ENDORSEMENT: Request granted. The Court accepts defendants filing and grants leave to file a 30-page memorandum. Defendants have leave to file a corrected memorandum of law fixing formatting irregularities. (Signed by Judge Shira A. Scheindlin on 11/17/2011) (pl) Modified on 11/18/2011 (pl). (Entered: 11/18/2011)

Nov. 17, 2011 PACER
20

SCHEDULING ORDER: Motions to dismiss due by 11/11/2011. Responses due by 12/12/2011. Replies due by 12/19/2011. Deposition due by 6/15/2012. Expert Discovery due by 7/27/2012. Discovery due by 6/22/2012. Final Pretrial Conference set for 6/28/2012 at 04:30 PM before Judge Shira A. Scheindlin. Pretrial Order due by 8/13/2012. Anticipated length of trial and whether to court or jury cannot be determined at this time, and as further set forth. (Signed by Judge Shira A. Scheindlin on 11/22/2011) (rjm) (Entered: 11/23/2011)

Nov. 23, 2011 PACER
21

MEMORANDUM OF LAW in Opposition re: 17 MOTION to Dismiss the Amended Complaints.. Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez. (Pulver, Adam) (Entered: 12/12/2011)

Dec. 12, 2011 PACER
22

DECLARATION of Matthew D. Brinckerhoff, Esq. in Opposition re: 17 MOTION to Dismiss the Amended Complaints.. Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez. (Attachments: # 1 Exhibit Exhibit A)(Pulver, Adam) (Entered: 12/12/2011)

1 Exhibit Exhibit A

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Dec. 12, 2011 PACER
23

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Adain R. Pulver dated 12/13/2011 re: Counsel for the Plaintiff writes to request leave to file a 34-page combined memorandum in opposition to Defendant's motion to dismiss. ENDORSEMENT: Request granted. Plaintiffs may file one combined opposition memorandum, not to exceed thirty-four pages. Plaintiffs may efile the memorandum in Bentley today. (Signed by Judge Shira A. Scheindlin on 12/13/2011) (ab) (Entered: 12/14/2011)

Dec. 14, 2011 PACER
24

AMENDED MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss the Amended Complaints.. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Jane Does 1-25, Jane Does 26-50, John Does 1-25, John Does 26-50, John/Jane Does 26-50, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Cooney, James) (Entered: 12/16/2011)

Dec. 16, 2011 PACER
25

NOTICE OF APPEARANCE by Christina Chinwe Okereke on behalf of George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP) (Okereke, Christina) (Entered: 12/19/2011)

Dec. 19, 2011 PACER
26

REPLY MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss the Amended Complaints.. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Keane, Michael) (Entered: 12/19/2011)

Dec. 19, 2011 PACER
27

AFFIRMATION of James B. Cooney in Support re: 17 MOTION to Dismiss the Amended Complaints.. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit)(Keane, Michael) (Entered: 12/19/2011)

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Dec. 19, 2011 PACER
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DECLARATION of Michael J. Keane in Support re: 17 MOTION to Dismiss the Amended Complaints.. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Keane, Michael) (Entered: 12/19/2011)

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Dec. 19, 2011 PACER
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DECLARATION of Christina Okereke in Support re: 17 MOTION to Dismiss the Amended Complaints.. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Attachments: # 1 Exhibit)(Keane, Michael) (Entered: 12/19/2011)

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Dec. 19, 2011 PACER
30

DECLARATION of Supplemental Cooney in Support re: 17 MOTION to Dismiss the Amended Complaints.. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Attachments: # 1 Exhibit, # 2 Exhibit)(Keane, Michael) (Entered: 12/20/2011)

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Dec. 20, 2011 PACER
31

NOTICE OF APPEARANCE by Michael J. Keane on behalf of George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP) (Keane, Michael) (Entered: 12/20/2011)

Dec. 20, 2011 PACER
32

OPINION AND ORDER re: (17 in 1:11-cv-03200-SAS) MOTION to Dismiss the Amended Complaints filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Jane Does 26-50, John Does 1-25, John Does 26-50, Glenn S. Goord, Andrea W. Evans, Jane Does 1-25, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, John/Jane Does 26-50, Brian Fischer, Robert J. Dennison, (21 in 1:11-cv-01056-SAS) MOTION to Dismiss the Amended Complaints filed by Anthony J. Annucci, Lucien J. LeClaire, Jr., Glenn S. Goord, Jane Does 1-50, George B. Alexander, Terrence Tracy, Anthony G. Ellis, II, Luciente J. LeClaire, Jr., John Does 1-50, Brian Fischer, Robert J. Dennison. For the reasons stated above, defendants' motions to dismiss are denied. The Clerk of the Court is ordered to close these motions [Betances Docket No. 17 and Bentley Docket No. 21]. A status conference is scheduled for February 21, 2012 at 5:30 p.m. ( Status Conference set for 2/21/2012 at 05:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 2/10/2012) (mro) (Entered: 02/10/2012)

Feb. 10, 2012 PACER
33

NOTICE OF INTERLOCUTORY APPEAL from 32 Memorandum & Opinion, Set Hearings,,,,,,,,. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Okereke, Christina) (Entered: 02/16/2012)

Feb. 16, 2012 PACER

Appeal Fee Due: for 33 Notice of Interlocutory Appeal,,,,,. $455.00 Appeal fee due by 3/1/2012. (nd)

Feb. 16, 2012 PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 33 Notice of Interlocutory Appeal,,,,,. (nd)

Feb. 16, 2012 PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 23 Endorsed Letter, 7 Affidavit of Service Complaints, filed by Gabriel Velez, Lloyd A. Barnes, Paul Betances, 21 Memorandum of Law in Opposition to Motion filed by Gabriel Velez, Lloyd A. Barnes, Paul Betances, 9 Affidavit of Service Complaints, filed by Gabriel Velez, Lloyd A. Barnes, Paul Betances, 17 MOTION to Dismiss the Amended Complaints. filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Jane Does 26-50, John Does 1-25, John Does 26-50, Glenn S. Goord, Andrea W. Evans, Jane Does 1-25, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, John/Jane Does 26-50, Brian Fischer, Robert J. Dennison, 13 Affidavit of Service Complaints, filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez, 3 Endorsed Letter, Set Deadlines,, 33 Notice of Interlocutory Appeal,,,,, filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Glenn S. Goord, Andrea W. Evans, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, Brian Fischer, Robert J. Dennison, 12 Affidavit of Service Complaints, filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez, 18 Memorandum of Law in Support of Motion,,,,, filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Jane Does 26-50, John Does 1-25, John Does 26-50, Glenn S. Goord, Andrea W. Evans, Jane Does 1-25, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, John/Jane Does 26-50, Brian Fischer, Robert J. Dennison, 20 Scheduling Order,, 6 Endorsed Letter,, 25 Notice of Appearance,,,, filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Glenn S. Goord, Andrea W. Evans, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, Brian Fischer, Robert J. Dennison, 32 Memorandum & Opinion, Set Hearings,,,,,,,, 29 Declaration in Support of Motion,,,, filed by Anthony J. Annucci, Lucien J. LeClaire, Jr., Glenn S. Goord, Andrea W. Evans, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, Brian Fischer, Robert J. Dennison, 10 Affidavit of Service Complaints, filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez, 16 Affidavit of Service Complaints, filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez, 24 Memorandum of Law in Support of Motion,,,,, filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Jane Does 26-50, John Does 1-25, John Does 26-50, Glenn S. Goord, Andrea W. Evans, Jane Does 1-25, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, John/Jane Does 26-50, Brian Fischer, Robert J. Dennison, 28 Declaration in Support of Motion,,,,, filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Glenn S. Goord, Andrea W. Evans, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, Brian Fischer, Robert J. Dennison, 22 Declaration in Opposition to Motion filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez, 27 Affirmation in Support of Motion,,,,,, filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Glenn S. Goord, Andrea W. Evans, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, Brian Fischer, Robert J. Dennison, 19 Endorsed Letter,, 11 Affidavit of Service Complaints, filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez, 31 Notice of Appearance,,,, filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Glenn S. Goord, Andrea W. Evans, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, Brian Fischer, Robert J. Dennison, 15 Affidavit of Service Complaints, filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez, 14 Affidavit of Service Complaints, filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez, 26 Reply Memorandum of Law in Support of Motion,,,, filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Glenn S. Goord, Andrea W. Evans, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, Brian Fischer, Robert J. Dennison, 4 Notice of Appearance filed by Paul Betances, 1 Complaint,,,,, filed by Paul Betances, 8 Affidavit of Service Complaints, filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez, 2 Notice of Case Assignment/Reassignment, 30 Declaration in Support of Motion,,,, filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Glenn S. Goord, Andrea W. Evans, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, Brian Fischer, Robert J. Dennison were transmitted to the U.S. Court of Appeals. (nd)

Feb. 16, 2012 PACER

USCA Appeal Fees received $ 455.00 receipt number 465401030098 on 2/16/2012 re: 33 Notice of Interlocutory Appeal, filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Glenn S. Goord, Andrea W. Evans, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, Brian Fischer, Robert J. Dennison. (nd)

Feb. 16, 2012 PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 2/21/2012. (lmb)

Feb. 21, 2012 PACER

USCA Case Number 12-0704-cv from the US Court of Appeals, Second Circuit assigned to 33 Notice of Interlocutory Appeal,,,,, filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Glenn S. Goord, Andrea W. Evans, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, Brian Fischer, Robert J. Dennison. (nd)

March 13, 2012 PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 3/23/2012. (lmb)

March 23, 2012 PACER
34

ORDER: Plaintiffs wish to proceed with discovery, at least with respect to Paul Betances, arguing that "his claims for damages will unquestionably survive any conceivable ruling from the Court of Appeals for the Second Circuit.") PRS was imposed on Betances on April 24, 2008 and he was re-imprisoned for violation of that PRS on July 9, 2009. Defendants apparently intend to argue to the Second Circuit that they are entitled to qualified immunity for both of these actions. If the Second Circuit agrees with them, Betances' claims will not survive the appeal. There are twenty-four named plaintiffs in these actions, and the Betances plaintiffs seek to represent a putative class. Even if plaintiffs are correct regarding Betances' case, it would not be an efficient use of the Court's or the parties' resources to attempt to proceed with discovery related only to Betances while awaiting a decision from the Second Circuit. Discovery is therefore stayed pending the appeal. (Signed by Judge Shira A. Scheindlin on 4/9/2012) (jfe) (Entered: 04/09/2012)

April 9, 2012 PACER

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Matthew D. Brinckerhoff for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 5 Amended Complaint to: caseopenings@nysd.uscourts.gov. (jw)

April 17, 2012 PACER
35

MOTION for Adam R. Pulver to Withdraw as Attorney. Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez.(Pulver, Adam) (Entered: 06/28/2013)

June 28, 2013 PACER
36

AFFIRMATION of Adam R. Pulver in Support re: 35 MOTION for Adam R. Pulver to Withdraw as Attorney.. Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez. (Pulver, Adam) (Entered: 06/28/2013)

June 28, 2013 PACER
37

ORDER: A conference is scheduled for August 8, 2013 at 5:00 p.m in Courtroom l5C of the United States Courthouse, 500 Pearl Street, New York, New York. The conference will cover the current status of the case. (Status Conference set for 8/8/2013 at 05:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 7/26/2013) (ja) (Entered: 07/29/2013)

July 29, 2013 PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 8/8/2013. (Reily, James)

Aug. 8, 2013 PACER
38

SCHEDULING ORDER: The date of the conference and the appearances for the parties; August 8, 2013. Depositions to commence no later than March 9, 2012, and conclude by June 15, 2012. Requests for the production of documents to be served by January 13, 2012, with responses due September 20, 2013. Dates by which (i) each expert's reports will be supplied to the adverse side and (ii) each expert's deposition will be completed; If there are experts, by June 29, 2012 and July 20, 2012, respectively. Time when discovery is to be completed; If there are no experts, by February 7, 2014, otherwise by March 14, 2014. The date by which plaintiff will supply its pre-trial order matters to defendant; If there are no experts, by March 7, 2014, otherwise by April 14, 2014. The date by which the parties will submit a pre-trial order...; If there are no experts, by March 21, 2014; otherwise by April 28, 2014. Final pre-trial conference pursuant to Fed. R. Civ. P. 16(d), February 25, 2014, at 4:30 p.m. Anticipated length of trial and whether to court or jury; Cannot be determined at this time. Discovery due by 3/14/2014. Final Pretrial Conference set for 2/25/2014 at 04:30 PM before Judge Shira A. Scheindlin. Pretrial Order due by 4/28/2014. (Signed by Judge Shira A. Scheindlin on 8/13/2013) (ja) (Entered: 08/14/2013)

Aug. 14, 2013 PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 9/10/2013. (Reily, James)

Sept. 10, 2013 PACER
39

MEMO ENDORSED granting 35 Motion to Withdraw as Attorney. ENDORSEMENT: Adam R. Pulver's request to withdraw his appearance on behalf of Plaintiffs is hereby granted. The Clerk of the Court is directed to close this motion (docket #35). Attorney Adam R Pulver terminated (Signed by Judge Shira A. Scheindlin on 12/6/2013) (cd) (Entered: 12/06/2013)

Dec. 6, 2013 PACER
40

ORDER: 2/25/2014 Pre-Motion Conference reset for 3/5/2014 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 1/6/2014) (cd) (Entered: 01/07/2014)

Jan. 6, 2014 PACER
41

NOTICE OF APPEARANCE by Hayley Horowitz on behalf of Lloyd A. Barnes, Paul Betances, Gabriel Velez. (Horowitz, Hayley) (Entered: 07/02/2014)

July 2, 2014 PACER
42

MANDATE of USCA (Certified Copy) as to 33 Notice of Interlocutory Appeal,,,,, filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Glenn S. Goord, Andrea W. Evans, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, Brian Fischer, Robert J. Dennison USCA Case Number 12-0704-cv(L). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/08/2014. (nd) (Entered: 07/08/2014)

July 8, 2014 PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 7/15/2014. Premotion conference on class certification scheduled for September 22, 2013 at 4:30pm. Final pretrial conference scheduled for February 10, 2015 at 4:30pm.(Bloomfield, Clifford)

July 15, 2014 PACER
43

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis. December would be best. Bring in together with Bentley v Dennison 11civ1056. (Signed by Judge Shira A. Scheindlin on 7/15/2014) (lmb) (Entered: 07/16/2014)

July 16, 2014 PACER
44

SCHEDULING ORDER: Anticipated length of trial and whether to court or jury: Jury, 3 weeks. Motions due by 10/10/2014. Responses due by 11/7/2014. Replies due by 11/21/2014. Deposition due by 12/15/2014. Discovery due by 1/30/2015. Final Pretrial Conference set for 2/10/2015 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 7/15/2014) (lmb) (Entered: 07/16/2014)

July 16, 2014 PACER
45

NOTICE OF CHANGE OF ADDRESS by Matthew D. Brinckerhoff on behalf of All Plaintiffs. New Address: Emery Celli Brinckerhoff & Abady LLP, 600 Fifth Avenue, 10th Floor, New York, New York, U.S.A. 10020, 212-763-5000. (Brinckerhoff, Matthew) (Entered: 07/23/2014)

July 23, 2014 PACER
46

NOTICE OF CHANGE OF ADDRESS by Hayley Horowitz on behalf of All Plaintiffs. New Address: Emery Celli Brinckerhoff & Abady LLP, 600 Fifth Avenue, 10th Floor, New York, NY, USA 10020, 212-763-5000. (Horowitz, Hayley) (Entered: 08/05/2014)

Aug. 5, 2014 PACER

Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 8/7/2014. (Bacchus, Michael)

Aug. 7, 2014 PACER
47

LETTER MOTION for Extension of Time addressed to Judge Shira A. Scheindlin from Michael J. Keane dated August 15, 2014. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP).(Keane, Michael) (Entered: 08/15/2014)

Aug. 15, 2014 PACER

***DELETED DOCUMENT. Deleted document number 48 Endorsed Letter. The document was incorrectly filed in this case. (lmb)

Aug. 15, 2014 PACER
48

ORDER granting 47 Letter Motion for Extension of Time. Request granted. Responses to document requests and answers are due August 22, 2014. (Signed by Judge Shira A. Scheindlin on 8/15/2014) (lmb) (Entered: 08/15/2014)

Aug. 15, 2014 PACER
49

ANSWER to 5 Amended Complaint,,,,, with JURY DEMAND. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Attachments: # 1 Exhibit Ex A, # 2 Exhibit Ex B)(Okereke, Christina) (Entered: 08/22/2014)

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2 Exhibit Ex B

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Aug. 22, 2014 PACER
50

LETTER MOTION to Adjourn Conference scheduled for 9/22/14 addressed to Judge Shira A. Scheindlin from Matthew D. Brinckerhofr dated 9/17/2014. Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez.(Brinckerhoff, Matthew) (Entered: 09/17/2014)

Sept. 17, 2014 PACER
51

NOTICE OF APPEARANCE by Anna Hehenberger on behalf of George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Hehenberger, Anna) (Entered: 09/17/2014)

Sept. 17, 2014 PACER
52

ORDER granting 50 Letter Motion to Adjourn Conference. Plaintiffs' request is hereby granted. The pre-motion conference scheduled for September 22, 2014 is adjourned and rescheduled for October 7, 2014 at 3:00 p.m. in Courtroom 15C. Pre-Motion Conference set for 10/7/2014 at 03:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 9/17/2014) (ja) Modified on 9/18/2014 (ja). (Entered: 09/18/2014)

Sept. 18, 2014 PACER
53

LETTER addressed to Judge Shira A. Scheindlin from Matthew D. Brinckerhoff dated Sept. 26, 2014 re: Class Certification Pre-Motion Letter. Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez.(Brinckerhoff, Matthew) (Entered: 09/26/2014)

Sept. 26, 2014 RECAP
54

LETTER addressed to Judge Shira A. Scheindlin from AAGs Michael J. Keane, Christina Okereke, and Anna Hehenberger dated October 1, 2014 re: Defendants' response to plaintiffs' Sept. 26, 2014 pre-motion letter (Docket #53). Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP).(Okereke, Christina) (Entered: 10/01/2014)

Oct. 1, 2014 PACER
55

STATUS REPORT. re: cert petition Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Attachments: # 1 Exhibit)(Keane, Michael) (Entered: 10/06/2014)

1 Exhibit

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Oct. 6, 2014 PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 10/7/2014. (Bloomfield, Clifford)

Oct. 7, 2014 PACER
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Discovery . Document filed by George B. Alexander(in his individual capacity), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Robert J. Dennison(former Chair of DOP), Anthony G. Ellis, II(in his individual capacity), Andrea W. Evans(in her individual capacity), Brian Fischer(Individually), Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Mark Mantei(in his capacity as Executive Director of DOP), Terence Tracy(in his individual capacity).(Keane, Michael) Modified on 10/24/2014 (db). (Entered: 10/24/2014)

Oct. 24, 2014 PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Michael J. Keane to RE-FILE Document 56 MOTION for Discovery . Use the event type Letter found under the event list Other Documents. (db)

Oct. 24, 2014 PACER
57

LETTER addressed to Judge Shira A. Scheindlin from Matthew D. Brinckerhoff dated 10/29/2014 re: Response to Defendants' 10/24/2014 Letter. Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez.(Brinckerhoff, Matthew) (Entered: 10/29/2014)

Oct. 29, 2014 PACER
58

MOTION to Certify Class . Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez.(Brinckerhoff, Matthew) (Entered: 10/31/2014)

Oct. 31, 2014 PACER
59

MEMORANDUM OF LAW in Support re: 58 MOTION to Certify Class . . Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez. (Brinckerhoff, Matthew) (Entered: 10/31/2014)

Oct. 31, 2014 RECAP
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DECLARATION of Matthew Brinckerhoff in Support re: 58 MOTION to Certify Class .. Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez. (Attachments: # 1 Exhibit 1-1, # 2 Exhibit 1-2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 7-1, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23)(Brinckerhoff, Matthew) (Entered: 10/31/2014)

1 Exhibit 1-1

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12 Exhibit 10

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Oct. 31, 2014 PACER
61

LETTER addressed to Judge Shira A. Scheindlin from Michael J. Keane dated November 3, 2014 re: Leave to Take Depositions. Document filed by George B. Alexander(in his individual capacity), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Robert J. Dennison(former Chair of DOP), Anthony G. Ellis, II(in his individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Mark Mantei(in his capacity as Executive Director of DOP), Terence Tracy(in his individual capacity).(Keane, Michael) (Entered: 11/03/2014)

Nov. 3, 2014 PACER
62

LETTER addressed to Judge Shira A. Scheindlin from Michael J. Keane dated November 10, 2014 re: Extension to Oppose Class Cert. Document filed by George B. Alexander(in his individual capacity), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Robert J. Dennison(former Chair of DOP), Anthony G. Ellis, II(in his individual capacity), Andrea W. Evans(in her individual capacity), Brian Fischer(Individually), Glenn S. Goord, Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP).(Keane, Michael) (Entered: 11/10/2014)

Nov. 10, 2014 PACER
63

LETTER addressed to Judge Shira A. Scheindlin from Matthew D. Brinckerhoff dated Nov. 10, 2014 re: Defendants' Letter seeking a seven week extension to oppose class certification. Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez.(Brinckerhoff, Matthew) (Entered: 11/10/2014)

Nov. 10, 2014 PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 11/13/2014. (Bloomfield, Clifford)

Nov. 13, 2014 PACER
64

LETTER addressed to Judge Shira A. Scheindlin from Christina Okereke and Anna Hehenberger dated November 19, 2014 re: Request for extension of time until December 9 to oppose class certification. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP).(Okereke, Christina) (Entered: 11/19/2014)

Nov. 19, 2014 PACER
65

ORDER re: 64 Letter filed by Anthony J. Annucci, Mark Mantei, Lucien J. LeClaire, Jr., Glenn S. Goord, Andrea W. Evans, Terence Tracy, George B. Alexander, Anthony G. Ellis, II, Brian Fischer, Robert J. Dennison. Defendants' request is hereby GRANTED. Defendants shall serve and file their opposition to the motion by December 9, 2014, and ; Plaintiffs shall serve and file their reply by December 23, 2014. SO ORDERED. ( Responses due by 12/9/2014, Replies due by 12/23/2014.) (Signed by Judge Shira A. Scheindlin on 11/19/2014) (ama) (Entered: 11/20/2014)

Nov. 20, 2014 PACER
66

STATUS REPORT. to Magistrate Judge Francis re: discovery and settlement Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Lloyd A. Barnes, Paul Betances, Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP), Gabriel Velez.(Okereke, Christina) (Entered: 12/01/2014)

Dec. 1, 2014 PACER
67

LETTER MOTION for Leave to File Excess Pages addressed to Judge Shira A. Scheindlin from Michael J. Keane dated December 8, 2014. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP).(Keane, Michael) (Entered: 12/08/2014)

Dec. 8, 2014 PACER
68

ORDER: granting 67 Letter Motion for Leave to File Excess Pages. Request granted. Opposition brief 30 pages, Reply brief 15 pages. (Signed by Judge Shira A. Scheindlin on 12/8/2014) (djc) (Entered: 12/09/2014)

Dec. 9, 2014 PACER
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DECLARATION of Anna M. Hehenberger in Opposition re: 58 MOTION to Certify Class .. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR)(Hehenberger, Anna) (Entered: 12/09/2014)

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28 Exhibit BB

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29 Exhibit CC

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30 Exhibit DD

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31 Exhibit EE

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32 Exhibit FF

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35 Exhibit II

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36 Exhibit JJ

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37 Exhibit KK

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39 Exhibit MM

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Dec. 9, 2014 PACER
70

DECLARATION of Steven H. Philbrick in Opposition re: 58 MOTION to Certify Class .. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hehenberger, Anna) (Entered: 12/09/2014)

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Dec. 9, 2014 PACER
71

DECLARATION of Michael J. Keane in Opposition re: 58 MOTION to Certify Class .. Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Keane, Michael) (Entered: 12/09/2014)

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Dec. 9, 2014 PACER
72

MEMORANDUM OF LAW in Opposition re: 58 MOTION to Certify Class . . Document filed by George B. Alexander(in his individual capacity), George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Anthony J. Annucci(Individually), Robert J. Dennison(former Chair of DOP), Robert J. Dennison(in his individual capacity), Anthony G. Ellis, II(in his individual capacity), Anthony G. Ellis, II(former Executive Director of DOP), Andrea W. Evans(in her individual capacity), Andrea W. Evans(in her capacity as Chair and Chief Executive Officer of the New York State Division of Parole (DOP)), Brian Fischer(Individually), Brian Fischer(in his capacity as Commissioner of the New York State Department of Correctional Services (DOCS)), Glenn S. Goord, Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Lucien J. LeClaire, Jr(former Acting Commissioner of DOCS), Mark Mantei(in his capacity as Executive Director of DOP), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity), Terence Tracy(in his capacity as Chief Counsel for DOP). (Okereke, Christina) (Entered: 12/09/2014)

Dec. 9, 2014 PACER
73

LETTER addressed to Judge Shira A. Scheindlin from Hayley Horowitz dated 12/19/2014 re: Extension of Discovery Schedule. Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez.(Horowitz, Hayley) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
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REPLY MEMORANDUM OF LAW in Support re: 58 MOTION to Certify Class . . Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez. (Brinckerhoff, Matthew) (Entered: 12/23/2014)

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MEMO ENDORSEMENT on re: (73 in 1:11-cv-03200-SAS) Letter filed by Gabriel Velez, Lloyd A. Barnes, Paul Betances. ENDORSEMENT: Request Granted in part Deposition to be complete by January 30, 2015; Discovery to close March 6, 2015; Pre-Trial Conference rescheduled to March 17, 2015 at 4:30 p.m. SO ORDERED. ( Deposition due by 1/30/2015., Discovery due by 3/6/2015., Pretrial Conference set for 3/17/2015 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 12/23/2014) (ama) (Entered: 12/24/2014)

Dec. 23, 2014 PACER
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JOINT LETTER MOTION for Extension of Time to complete remaining depositions without altering discovery completion deadline addressed to Judge Shira A. Scheindlin from Matthew D. Brinckerhoff dated Jan. 23, 2015. Document filed by Lloyd A. Barnes, Paul Betances, Gabriel Velez.(Brinckerhoff, Matthew) (Entered: 01/23/2015)

Jan. 23, 2015 PACER
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OPINION AND ORDER #105177 re: 58 MOTION to Certify Class filed by Gabriel Velez, Lloyd A. Barnes, Paul Betances. For the foregoing reasons, the plaintiffs' motion for class certification is GRANTED. The Clerk of the Court is directed to close this motion (Docket No. 58). A conference is scheduled for February 10, 2015 at 4:30 p.m. SO ORDERED. ( Status Conference set for 2/10/2015 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 1/28/2015) (ama) Modified on 2/2/2015 (ca). (Entered: 01/28/2015)

Jan. 28, 2015 RECAP
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ORDER granting 76 Letter Motion for Extension of Time. Request Granted. SO ORDERED.(Signed by Judge Shira A. Scheindlin on 1/28/2015) (ama) (Entered: 01/28/2015)

Jan. 28, 2015 PACER
79

STATUS REPORT. in reponse to Judge Francis Document filed by George B. Alexander(former Chair and Chief Executive Officer of DOP), Anthony J. Annucci(in his capacity as Deputy Commissioner and Counsel for DOCS), Robert J. Dennison(former Chair of DOP), Anthony G. Ellis, II(in his individual capacity), Andrea W. Evans(in her individual capacity), Brian Fischer(Individually), Glenn S. Goord, Lucien J. LeClaire, Jr(Individually), Mark Mantei(in his individual capacity), Terence Tracy(in his individual capacity).(Keane, Michael) (Entered: 03/09/2015)

March 9, 2015 PACER

State / Territory: New York

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: May 11, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Persons in the custody of the New York State Department of Correctional Services who were given extra-judicial sentences of post-release supervision.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York State Department of Correctional Services (Albany, Albany), State

New York State Division of Parole (Albany, Albany), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Courts

Over/Unlawful Detention