U. S. Court of Appeals for the Second Circuit

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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Case Designated ECF. (ama)

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)

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

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

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

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

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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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)

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)

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)

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)

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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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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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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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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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)

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)

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)

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

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)

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

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)

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

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)

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

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)

***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)

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)

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)

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)

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

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)

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

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)

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)

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

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)

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)

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)

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)

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)

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)

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

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)

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)

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

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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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)

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)

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)

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)

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)

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)

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

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)

***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)

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)

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

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)

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)

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12 Exhibit 10

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14 Exhibit 12

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15 Exhibit 13

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16 Exhibit 14

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17 Exhibit 15

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18 Exhibit 16

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19 Exhibit 17

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21 Exhibit 19

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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)

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)

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)

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

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)

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)

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)

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)

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)

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)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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26 Exhibit Z

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27 Exhibit AA

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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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33 Exhibit GG

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34 Exhibit HH

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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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38 Exhibit LL

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39 Exhibit MM

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40 Exhibit NN

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41 Exhibit OO

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42 Exhibit PP

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43 Exhibit QQ

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44 Exhibit RR

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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)

1 Exhibit A

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2 Exhibit B

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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)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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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)

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)

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)

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)

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)

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)

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)

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)