Case: Medina v. Fischer

1:11-cv-00176 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 4, 2011

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On January 4, 2011, visually impaired and blind inmates at Sullivan and Wende Correctional Facilities filed this lawsuit in the United States District Court for the Southern District of New York. The plaintiffs, represented by Legal Aid and private attorneys, asked the court for declaratory and injunctive relief. The plaintiffs sued the State of New York for violations of Section 504 of the Rehabilitation Act and Title II of the American with Disabilities Act, alleging discriminatory denial of …

On January 4, 2011, visually impaired and blind inmates at Sullivan and Wende Correctional Facilities filed this lawsuit in the United States District Court for the Southern District of New York. The plaintiffs, represented by Legal Aid and private attorneys, asked the court for declaratory and injunctive relief. The plaintiffs sued the State of New York for violations of Section 504 of the Rehabilitation Act and Title II of the American with Disabilities Act, alleging discriminatory denial of access to services, activities and programs on the basis of their disabilities. Specifically, the plaintiffs claim that the State of New York denied them access to adequate medical care and reasonable accommodations with regard to both mobility and reading materials, among other things.

On March 14, 2014, the court (Judge James L. Cott) released an order certifying settlement class. Attached to this order was a copy of the private settlement agreement negotiated by both parties. The agreement provided that the Department of Corrections shall provide visually impaired prisoners with any reasonable accommodation recommended by a medical professional. It also provided that visually impaired prisoners will have their glasses replaced at no cost as long as the glasses were not negligently lost or broken; that the law library will have two PCs with assistive programs; that law clerks will be on hand to assist visually impaired prisoners with their legal research; that the correctional facilities will have games, books, and legal forms appropriate for use by the visually impaired; and many other things. It also included that the Department of Corrections would pay attorneys' fees to plaintiffs' counsel.

This private settlement agreement was intended to last two years, with a possibility of adding two more years if the Department of Corrections was deemed to not be following it adequately. Moreover, many of the provisions in the settlement agreement were to be added to the official facility policies of the Sullivan and Wende Correctional Facility.

On July 22, 2014, Judge Cott released a final judgment, creating the effective date of the private settlement agreement and dismissing the lawsuit with prejudice. Judge Cott ordered to keep the docket open for letters from plaintiffs about whether the correctional facilities have been following the provisions of the settlement agreement. The settlement agreement was set to expire on July 22, 2016, with the possibility of extension dependent on the defendants' compliance.

Although the court received a letter in 2016 alleging that the defendant failed to comply, the docket indicates no extension of the agreement, and the case is presumed closed.

Summary Authors

Kat Brausch (2/25/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5414599/parties/medina-v-fischer/


Judge(s)

Barragan-Scott, Alana M. (Missouri)

Cott, James (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Boston, John (New York)

Fell, Katherine Kelly (New York)

Kramer, Daniel (New York)

Lenok, Marisa H. (New York)

Stone, Eric Alan (New York)

Vela, Veronica (New York)

Zelermyer, Milton (New York)

Judge(s)

Barragan-Scott, Alana M. (Missouri)

Cott, James (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Boston, John (New York)

Fell, Katherine Kelly (New York)

Kramer, Daniel (New York)

Lenok, Marisa H. (New York)

Stone, Eric Alan (New York)

Vela, Veronica (New York)

Zelermyer, Milton (New York)

Attorneys(s) for Defendant

Kudiya, Asad Ismail (New York)

Schulze, Daniel A. (New York)

Wen, Frederick (New York)

Documents in the Clearinghouse

Document

1:11-cv-00176

Docket [PACER]

Jan. 16, 2015

Jan. 16, 2015

Docket
1-2

1:11-cv-00176

Complaint: part 3

Jan. 4, 2011

Jan. 4, 2011

Complaint
1-1

1:11-cv-00176

Complaint: part 2

Jan. 4, 2011

Jan. 4, 2011

Complaint
1

1:11-cv-00176

Complaint

U.S. District Court for the Eastern District of New York

Jan. 4, 2011

Jan. 4, 2011

Complaint
107

1:11-cv-00176

Second Amended Complaint

April 30, 2012

April 30, 2012

Complaint
175

1:11-cv-00176

NOTICE OF JOINT MOTION FOR CLASS CERTIFICATION IN CONNECTION WITH SETTLEMENT, APPOINTMENT OF CLASS REPRESENTATIVES AND CLASS COUNSEL, PRELIMINARY APPROVAL OF THE PARTIES' PRIVATE SETTLEMENT AGREEMENT, AND APPROVAL OF NOTICE TO CLASS MEMBERS

Feb. 28, 2014

Feb. 28, 2014

Notice Letter
174

1:11-cv-00176

STIPULATION OF DISMISSAL OF PLAINTIFF MORRISHAW'S CLAIMS

Feb. 28, 2014

Feb. 28, 2014

Settlement Agreement
182

1:11-cv-00176

Order Certifying Settlement Class, Appointing Class Representatives and Class Counsel, Preliminarily Approving the Parties' Private Settlement Agreement, and Providing for Notice to Class Members. Private Settlement Agreement

March 4, 2014

March 4, 2014

Order/Opinion
196

1:11-cv-00176

ORDER REGARDING SUPPLEMENTAL NOTICE TO CLASS

April 15, 2014

April 15, 2014

Order/Opinion
216

1:11-cv-00176

STIPULATION OF DISMISSAL OF PLAINTIFF COLANTUONO'S CLAIMS

June 18, 2014

June 18, 2014

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5414599/medina-v-fischer/

Last updated Aug. 11, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Lucy Buther(American's with Disabilities Act Coordinator; individually), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), Brian Fischer(Commissioner; and on behalf of all others similarly situated), Brian Fischer(Commissioner; Individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Robert Raymond(American's with Disabilities Act Coordinator; individually), Robert Raymond(American's with Disabilities Act Coordinator; in his official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), Brian Villegas(Correction Officer/Law Library Supervisor; in his official capacity), Brian Villegas(Correction Officer/Law Library Supervisor; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually). Reply required under Prison Litigation Reform Act Section 7(2)(g)(2). Document filed by Darrius Reid, Peter Lopez, Anthony Medina, Warren Davis, Christopher Morrishaw, James Colantuono, Ling Loet, Ben Rawls, Michael Smith, Kevin Jones, Paul Ford, Kelvin Corran. (Attachments: # 1 part 2, # 2 part 3)(mro) (Entered: 01/14/2011)

1 part 2

View on PACER

2 part 3

View on PACER

Jan. 4, 2011

Jan. 4, 2011

Clearinghouse

Case Designated PLRA purs. to Prison Litigation Reform Act Section 7(2)(g)(2). (mro)

Jan. 4, 2011

Jan. 4, 2011

PACER
2

MOTION to Proceed In forma Pauperis and supporting affirmation .Document filed by Peter Lopez.(mro) Modified on 1/19/2011 (mro). (Entered: 01/19/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
3

MOTION to Proceed In forma Pauperis and supporting affirmation .Document filed by James Colantuono.(mro) Modified on 1/19/2011 (mro). (Entered: 01/19/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
5

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Anthony Medina.(mro) (Entered: 01/19/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
6

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Kelvin Corran.(mro) (Entered: 01/19/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
7

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Warren Davis.(mro) (Entered: 01/19/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
8

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Michael Smith.(mro) (Entered: 01/19/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
9

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Kevin Jones.(mro) (Entered: 01/19/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
10

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Darrius Reid.(mro) (Entered: 01/19/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
11

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Christopher Morrishaw.(mro) (Entered: 01/19/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
12

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Ling Loet.(mro) (Entered: 01/19/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
13

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Paul Ford.(mro) (Entered: 01/19/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
4

ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiffs are directed to render payment of the filing fee or each submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Clerk of Court is directed to mail to each Plaintiff a copy of this Order. The Court certifies, pursuant to 28 U.S.C. ยง 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 2/18/2011. In Forma Pauperis (IFP) Application due by 2/18/2011. Prisoner Authorization Form due by 2/18/2011. (Signed by Judge Loretta A. Preska on 1/19/2011) (Attachments: # 1 IFP, # 2 Prisoner Authorization)(ees). (Entered: 01/19/2011)

1 IFP

View on PACER

2 Prisoner Authorization

View on PACER

Jan. 19, 2011

Jan. 19, 2011

PACER

NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case. (ees)

Jan. 19, 2011

Jan. 19, 2011

PACER

Order Mailed with IFP Application and PLRA Form: Order mailed with IFP Application and PLRA Form on 01/20/2011 by Pro se Office. (vj)

Jan. 20, 2011

Jan. 20, 2011

PACER

Order and IFP Application Mailed with PLRA Form: Order and IFP Application mailed with PLRA Form on 01/25/2011 to Plaintiffs Peter Lopez, Ling Loet,Paul Ford, James Colantuono, Darrius Reid, Ben Rawls, Warren Davis, Christopher Morrishaw, Kevin Jones and Michael Smith. (vj)

Jan. 25, 2011

Jan. 25, 2011

PACER
15

ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiffs are directed to pay the $350.00 filin fee or, in the alternative, to each submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. ยง 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 3/4/2011. (Signed by Judge Loretta A. Preska on 2/2/2011) (Attachments: # 1 Prisoner Authorization)(ees) (Entered: 02/02/2011)

1 Prisoner Authorization

View on PACER

Feb. 2, 2011

Feb. 2, 2011

PACER

Order and PLRA Form Mailed: Order and PLRA Form mailed on 02/04/2011 to plaintiff by Pro se Office. (vj)

Feb. 4, 2011

Feb. 4, 2011

PACER
17

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kevin Jones.(mbe) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
18

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael Smith.(mbe) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
19

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Christopher Morrishaw.(mbe) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
20

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Warren Davis.(mbe) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
21

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Darrius Reid.(mbe) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
22

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Peter Lopez.(mbe) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
23

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Paul Ford.(mbe) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
24

DECLARATION of Ling Loet. Document filed by Ling Loet. (mbe) (Entered: 02/10/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
28

DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anthony Medina.(mro) (Entered: 02/17/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
29

DECLARATION of Ben Rawls. Document filed by Ben Rawls. (mro) (Entered: 02/17/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
30

DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anthony Medina.(mro) (Entered: 02/24/2011)

Feb. 9, 2011

Feb. 9, 2011

PACER
26

PLRA form received by the Pro Se office on February 16, 2011. Document filed by James Colantuono. (jnm) (Entered: 02/16/2011)

Feb. 14, 2011

Feb. 14, 2011

PACER
27

PLRA form received by the Pro Se office on February 15, 2011. Document filed by Kelvin Corran. (jnm) (Entered: 02/16/2011)

Feb. 15, 2011

Feb. 15, 2011

PACER
33

AFFIDAVIT of Ben Rawls. Document filed by Ben Rawls. (mro) (Entered: 03/02/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER
31

MEMO ENDORSEMENT on re: 30 Declaration in Support of I.F.P. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Loretta A. Preska on 3/1/2011) (jfe) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

PACER
34

ORDER granting 2 Motion to Proceed In forma Pauperis ; granting 3 Motion to Proceed In forma Pauperis ; granting 6 Motion to Proceed In forma Pauperis ; granting 7 Motion to Proceed In forma Pauperis ; granting 8 Motion to Proceed In forma Pauperis ; granting 9 Motion to Proceed In forma Pauperis ; granting 10 Motion to Proceed In forma Pauperis ; granting 11 Motion to Proceed In forma Pauperis ; withdrawing 12 Motion ; granting 13 Motion to Proceed In forma Pauperis. The Court grants Plaintiffs Ling Loet's and Ben Rawls's request to withdraw from this action pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. The Clerk of Court is directed not to charge Plaintiffs Ling Loet and Ben Rawls any portion of the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiffs Ling Loet and Ben Rawls is directed to suspend any previously authorized monetary deduction from Plaintiff Ling Loet's and Ben Rawls's prison trust accounts for this lawsuit. Furthermore, this action as it pertains to Plaintiffs Anthony Medina, Peter Lopez, Paul Ford, Kevin Corran, James Colantuono, Darrius Reid, Kevin Jones, Warren Davis, Christopher Morrishaw and Michael Smith shall proceed. The Court grants Plaintiffs' request to proceed in forma pauperis and directs the Clerk of Court to reassign this case to a district judge in accordance with the procedures of the Clerk's Office. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. (Signed by Judge Loretta A. Preska on 3/9/2011) (mro) (Entered: 03/10/2011)

March 9, 2011

March 9, 2011

PACER

Transmission to Case Assignment Clerk. Transmitted re: 34 Order on Motion for Miscellaneous Relief to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (mro)

March 9, 2011

March 9, 2011

PACER
35

NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Loretta A. Preska is no longer assigned to the case. (sjo) (Entered: 03/11/2011)

March 10, 2011

March 10, 2011

PACER

Magistrate Judge James L. Cott is so designated. (sjo)

March 10, 2011

March 10, 2011

PACER
37

AMENDED COMPLAINT amending 1 PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint against Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Lucy Buther(American's with Disabilities Act Coordinator; individually), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), Brian Fischer(Commissioner; and on behalf of all others similarly situated), Brian Fischer(Commissioner; Individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Robert Raymond(American's with Disabilities Act Coordinator; individually), Robert Raymond(American's with Disabilities Act Coordinator; in his official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually).Document filed by Darrius Reid, Peter Lopez, Anthony Medina, Warren Davis, Christopher Morrishaw, James Colantuono, Michael Smith, Kevin Jones, Paul Ford, Kelvin Corran. Related document: 1 PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint filed by Kelvin Corran, Darrius Reid, Christopher Morrishaw, James Colantuono, Paul Ford, Ling Loet, Peter Lopez, Michael Smith, Ben Rawls, Warren Davis, Anthony Medina, Kevin Jones. (Attachments: # 1 part 2, # 2 part 3)(mro) (Entered: 03/14/2011)

1 part 2

View on PACER

2 part 3

View on PACER

March 10, 2011

March 10, 2011

PACER

Mailed notice re: 35 Notice of Case Assignment/Reassignment to the attorney(s) of record. (sjo)

March 11, 2011

March 11, 2011

PACER
40

UNSIGNED ORDER TO SHOW CAUSE and TEMPORARY RESTRAINING ORDER filed by the plaintiffs.(mro) (Entered: 03/24/2011)

March 16, 2011

March 16, 2011

PACER
39

ORDER: The Clerk of Court is directed to issue a Summons in this action and prepare and forward the necessary papers to the United States Marshal for service of the Summons and Amended Complaint upon the Defendants. The United States Marshal is also directed to serve a courtesy copy of the Summons and Amended Complaint on the Attorney General of the State of New York. The Clerk shall also serve a copy of this Order on Plaintiffs. (Signed by Judge Loretta A. Preska on 3/21/2011) (jar) (Entered: 03/21/2011)

March 21, 2011

March 21, 2011

PACER

SUMMONS ISSUED as to Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Lucy Buther(American's with Disabilities Act Coordinator; individually), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), Brian Fischer(Commissioner; and on behalf of all others similarly situated), Brian Fischer(Commissioner; Individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Robert Raymond(American's with Disabilities Act Coordinator; individually), Robert Raymond(American's with Disabilities Act Coordinator; in his official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually). (vj)

March 25, 2011

March 25, 2011

PACER

FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 3/25/2011 per the instructions of Judge Loretta A. Preska. See 39 Order,. (vj)

March 25, 2011

March 25, 2011

PACER

***DELETED DOCUMENT. Deleted document number 41 PRO SE MEMORANDUM. The document was incorrectly filed in this case. (tro)

March 29, 2011

March 29, 2011

PACER

***DELETED DOCUMENT. Deleted document number 42 PRO SE MEMORANDUM. The document was incorrectly filed in this case. (tro)

March 29, 2011

March 29, 2011

PACER
56

MOTION for an order permitting the Plaintiffs to communicate with each other, and directing the Defendants to provide Plaintiff Medina with access to auxiliary devices and services. Document filed by James Colantuono.(ae) (Entered: 06/08/2011)

April 27, 2011

April 27, 2011

PACER
42

NOTICE OF APPEARANCE by Frederick Hongyee Wen on behalf of Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually) (mbe) (Entered: 05/06/2011)

May 5, 2011

May 5, 2011

PACER
43

ENDORSED LETTER addressed to Judge Loretta A. Preska from Frederick H. Wen dated 5/4/2011 re: Counsel respectfully request a 90 day extension to respond to the amended complaint by answer or motion until 8/5/11. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 5/10/2011) Copies mailed by Chambers. (jfe) Modified on 5/13/2011 (jfe). (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
44

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity) served on 4/26/2011, answer due 5/17/2011; Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually) served on 4/26/2011, answer due 5/17/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

May 12, 2011

May 12, 2011

PACER
45

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. James Walsh(Superintendent; in his official capacity) served on 4/29/2011, answer due 5/20/2011; James Walsh(Superintendent; individually) served on 4/29/2011, answer due 5/20/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

May 12, 2011

May 12, 2011

PACER
46

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually) served on 4/13/2011, answer due 5/4/2011; June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity) served on 4/13/2011, answer due 5/4/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

May 12, 2011

May 12, 2011

PACER
47

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Leslie Malin(Deputy Superintendent for Programs; individually) served on 4/13/2011, answer due 5/4/2011; Leslie Malin(Deputy Superintendent for Programs; in her official capacity) served on 4/13/2011, answer due 5/4/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

May 12, 2011

May 12, 2011

PACER
48

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually) served on 4/13/2011, answer due 5/4/2011; Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity) served on 4/13/2011, answer due 5/4/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

May 12, 2011

May 12, 2011

PACER
49

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity) served on 4/14/2011, answer due 5/5/2011; Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually) served on 4/14/2011, answer due 5/5/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

May 12, 2011

May 12, 2011

PACER
50

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity) served on 4/15/2011, answer due 5/6/2011; Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually) served on 4/15/2011, answer due 5/6/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

May 12, 2011

May 12, 2011

PACER
51

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. New York Department of Correctional Services served on 4/26/2011, answer due 5/17/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)

May 12, 2011

May 12, 2011

PACER
53

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Carl J. Koenignmann, MD served on 4/12/2011, answer due 5/3/2011; Carl J. Koenigsmann, MD served on 4/12/2011, answer due 5/3/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)

May 12, 2011

May 12, 2011

PACER
54

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Brian Fischer(Commissioner; and on behalf of all others similarly situated) served on 4/18/2011, answer due 5/9/2011; Brian Fischer(Commissioner; Individually) served on 4/18/2011, answer due 5/9/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)

May 12, 2011

May 12, 2011

PACER
55

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. New York State Division of Parole served on 4/20/2011, answer due 5/11/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)

May 12, 2011

May 12, 2011

PACER
57

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Lynn J. Lilley(Deputy Superintendent for Administration; individually) served on 4/14/2011, answer due 5/5/2011; Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity) served on 4/14/2011, answer due 5/5/2011. Service was made by MAIL. (js) (Entered: 06/10/2011)

May 12, 2011

May 12, 2011

PACER
52

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity) served on 4/26/2011, answer due 5/17/2011; Kenneth S. Perlman(Deputy Commissioner for Programs; individually) served on 4/26/2011, answer due 5/17/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)

May 22, 2011

May 22, 2011

PACER

FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 6/7/2011 via Federal Express AIRBILL # 874803493080. The service package included: a copy of the summons, a copy of the (IFP), change of address postcards, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (vj)

June 7, 2011

June 7, 2011

PACER
58

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. New York State Office of Mental Health served on 4/29/2011, answer due 5/20/2011. Service was accepted by mail. Document filed by Anthony Medina. (pl) (Entered: 06/27/2011)

June 21, 2011

June 21, 2011

PACER
59

ORDER, the Clerk of Court is directed to serve a copy of the letter and motion on the Attorney General of the State of New York. The Attorney General of the State of New York is directed to respond to Plaintiff Medina's letter and motion to address the issues raised by August 5,2011. (Signed by Judge Loretta A. Preska on 6/30/11) Copies Mailed By Chambers. (pl) (Entered: 07/01/2011)

June 30, 2011

June 30, 2011

PACER

Transmission to Docket Assistant Clerk. Transmitted re: 59 Order, Set Deadlines, to the Docket Assistant Clerk for case processing. (pl)

June 30, 2011

June 30, 2011

PACER

Mailed a copy of 56 MOTION, 41 Letter to Attorney General of the State of NY Eric T. Schneiderman by Certified Mail # 7001 2510 0008 7682 4988 with Return Receipt Requested. (eef)

June 30, 2011

June 30, 2011

PACER
60

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. (Signed by Judge Loretta A. Preska on 8/5/11) (rjm) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
61

ENDORSED LETTER addressed to Judge Loretta A. Preska from Frederick H. Wen dated 8/5/11 re: I respectfully request a brief three-day extension to respond to the amended complaint and to plaintiff Medina's motion until August 10, 2011. ENDORSEMENT: Application granted. So ordered. Lisa Chenel (Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity) answer due 8/10/2011; Lisa Chenel (Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually) answer due 8/10/2011; Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually) answer due 8/10/2011; Peter Cohen (Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity) answer due 8/10/2011; June Yvette Gatewood (Correction Counselor/Sensorial Disabled Unit Counselor; individually) answer due 8/10/2011; June Yvette Gatewood (Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity) answer due 8/10/2011; Carl J. Koenignmann, MD answer due 8/10/2011; Carl J. Koenigsmann, MD answer due 8/10/2011; Lynn J. Lilley (Deputy Superintendent for Administration; individually) answer due 8/10/2011; Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity) answer due 8/10/2011; Leslie Malin (Deputy Superintendent for Programs; individually) answer due 8/10/2011; Leslie Malin (Deputy Superintendent for Programs; in her official capacity) answer due 8/10/2011; New York Department of Correctional Services answer due 8/10/2011; New York State Division of Parole answer due 8/10/2011; New York State Office of Mental Health answer due 8/10/2011; Kenneth S. Perlman (Deputy Commissioner for Programs; in his official capacity) answer due 8/10/2011; Wladyslaw Sidorowicz, MD (Facility Health Service Director; in her official capacity) answer due 8/10/2011; Wladyslaw Sidorowicz, MD (Facility Health Service Director; individually) answer due 8/10/2011; James Walsh (Superintendent; in his official capacity) answer due 8/10/2011; James Walsh (Superintendent; individually) answer due 8/10/2011; Lester L. Wright, MD (Chief Medical Officer/Deputy Commissioner; In his official capacity) answer due 8/10/2011; Lester L. Wright, MD (Chief Medical Officer/Deputy Commissioner; Individually) answer due 8/10/2011. (Responses due by 8/10/2011). (Signed by Judge William H. Pauley, III on 8/8/11) (rjm) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
62

NOTICE OF DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT. Document filed by Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually).(lmb) (Entered: 08/11/2011)

Aug. 10, 2011

Aug. 10, 2011

PACER
63

DECLARATION of Frederick H. Wen in Support re: 62 NOTICE OF DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT. (lmb) (Entered: 08/11/2011)

Aug. 10, 2011

Aug. 10, 2011

PACER
64

MEMORANDUM OF LAW in Support re: 62 NOTICE OF DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT. Document filed by Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually). (lmb) (Entered: 08/11/2011)

Aug. 10, 2011

Aug. 10, 2011

PACER
65

ORDER: On April 27, 2011, Plaintiff Anthony Medina submitted a letter and motion to the Court seeking placement in the Sensorially Disabled Unit at Wende Correctional Facility, access to auxiliary devices and services while in segregation, and permission to communicate in writing with co-Plaintiffs in this action. Defendants submitted a letter response to the Honorable Loretta A. Preska on August 11, 2011. Plaintiffs are hereby directed to submit a reply to the Court no later than September 12, 2011. Plaintiffs are advised to submit all filings and correspondence to the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York, New York 10007 (Telephone: (212) 805-0175). (Signed by Magistrate Judge James L. Cott on 8/19/2011) Copies Mailed By Chambers. (jfe) (Entered: 08/19/2011)

Aug. 19, 2011

Aug. 19, 2011

PACER
66

Letter addressed to Judge Loretta A. Preska from Frederick H. Wen dated 8/10/11 re: Counsel for the defendants requests that plaintiff Medina's letter and motion seeking injunctive relief should be dismissed as moot, with respect to his request for reasonable accommodations and SDU transfer request because he is expected to be moved to the block for disabled inmates at Wende, and denied as premature or meritless because he has yet to exhaust his available administrative remedies via Directive #4422, with respect to his request for permission to communicate with his co-plaintiffs.(mro) (Entered: 09/02/2011)

Sept. 1, 2011

Sept. 1, 2011

PACER
67

Letter addressed to Judge Loretta A. Preska from Anthony Medina dated 8/8/11 re: Plaintiff is in receipt of defense counsel's 8/5/11 letter to the court in which an extension is requested to respond to the complaint and respond to this motion. He is unable to challenge counsel's request because he was served by ordinary first class mail. Document filed by Anthony Medina.(mro) (Entered: 09/02/2011)

Sept. 1, 2011

Sept. 1, 2011

PACER
68

ORDER: Plaintiffs' time to respond to the pending motion to dismiss is adjourned to December 16,2011. Mr. Boston shall inform the Court prior thereto as to whether the Legal Aid Society will undertake representation of plaintiffs. (Set Deadlines/Hearing as to 62 MOTION to Dismiss. :( Responses due by 12/16/2011) (Signed by Judge Loretta A. Preska on 9/16/2011) Copies Mailed By Chambers. (jfe) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

PACER

Received Return Receipt of 56 MOTION, 41 Letter as to Attorney General of the State of NY Eric T. Schneiderman, which was served by Certified Mail # 7001 2510 0008 7682 4988, on 7/5/2011. (eef)

Sept. 27, 2011

Sept. 27, 2011

PACER
73

MOTION to enlarge the print on all documents remitted to him by the Court and defendants. Document filed by Anthony Medina.(mro) (Entered: 10/17/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
71

ORDER: On October 3, 2011, the Court received Plaintiffs' undated "Motion to Enlarge the Print on All Documents Remitted to Him by the Court and Defendants." Plaintiffs have not submitted any proof of service such as an affirmation or affidavit of service verifying that the motion was served on Defendants. The Pro Se Office is directed to send the motion to Defendants.Plaintiffs are reminded that they must serve all submissions to the Court on Defendants, and proof of service must accompany any such submissions to the Court. Plaintiffs are also advised to submit all filings and correspondence to the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York, New York 10007 (Telephone: (212) 805-0175). (copy forwarded to the Pro Se Office) (Signed by Magistrate Judge James L. Cott on 10/14/2011) Copies Mailed By Chambers. (cd) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
75

MOTION for Preliminary Injunction. Document filed by Anthony Medina.(msa) (Entered: 11/08/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
76

ORDER: Plaintiffs' time to respond to the Defendant's motion to dismiss is extended until January 16, 2012, subject to further extension, if required. Defendants shall show cause in writing no later than December 16, in papers in 32 font or 28 bold font, 1) why Plaintiffs should not receive all papers from Defendants in that size print, 2) why Plaintiffs should not have daily access to the Resource Room or to devices similar to those described by Plaintiff Medina in his Declaration dated November 2, 2011 [dkt. no. 75] to assist in reading and communicating, and 3) why Plaintiffs should not be permitted to communicate with each other in writing about this action. Plaintiffs' reply papers shall be served no later than January 16, 2012. (Responses due by 1/16/2012) (Signed by Judge Loretta A. Preska on 11/29/2011) Copies Mailed By Chambers To Plaintiff. (ab) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
77

ENDORSED LETTER addressed to Judge Loretta A. Preska from John Boston dated 12/2/2011 re: Counsel writies to inform the Court of the status of this matter pursuant to the Court's order of September 16, 2011. ENDORSEMENT: The Court has extended the time for plaintiffs to respond to the motion but expects a decision from the legal aid society before December 16, as counsel requested. Copies Mailed By Chambers. (Signed by Judge Loretta A. Preska on 12/5/2011) (jfe) Modified on 12/21/2011 (jfe). (Entered: 12/06/2011)

Dec. 5, 2011

Dec. 5, 2011

PACER
78

ORDER: it is ordered that the Attorney General shall ascertain the addresses where these Defendants maybe served. The Attorney General shall provide this information to Plaintiffs and the Court no later than January 6, 2012 or, if they are employed by DOCS (or another state entity), to accept service on their behalf. Once the information is provided to the Court, the Clerk of Court is directed to issue a new Summons in this action and prepare and forward the necessary papers to the United States Marshal for service of the new Summons and Amended Complaint upon Defendants Buther and Raymond unless the Attorney General's Office accepts service. The Clerk shall serve a copy of this Order on Plaintiffs. (Signed by Judge Loretta A. Preska on 12/6/2011) Copies Mailed By Chambers. (pl) Modified on 12/6/2011 (pl). Modified on 1/31/2012 (pl). (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
79

ENDORSED LETTER addressed to Judge Loretta A. Preska from Frederick H. Wen dated 12/8/2011 re: counsel for plaintiff writes in response to the Court's december 6, 2011 Order, defendants Lucy Buther and Robert Raymond can be served at the addresses that are set forth in this Letter. ENDORSEMENT: Accordingly, as set out in the December 6 order, the Clerk of the Court shall issue a new summons and prepare and forward the necessary, papers for service to the United States Marshal. (Signed by Judge Loretta A. Preska on 12/8/2011) (pl) Modified on 12/8/2011 (pl). copies mailed to plaintiff by chambers (Entered: 12/08/2011)

Dec. 8, 2011

Dec. 8, 2011

PACER
80

MEMORANDUM OF LAW in Opposition re: 75 MOTION for Preliminary Injunction. Document filed by Brian Fischer(Commissioner; and on behalf of all others similarly situated) et al. (cd) (Entered: 12/19/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
81

DECLARATION of Frederick H Wien in Opposition re: 75 MOTION for Preliminary Injunction. Document filed by Brian Fischer(Commissioner; and on behalf of all others similarly situated) et al. (cd) (Entered: 12/19/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
82

DECLARATION of Lisa Chenel in Opposition re: 75 MOTION for Preliminary Injunction. Document filed by Brian Fischer(Commissioner; and on behalf of all others similarly situated) et al. (cd) (Entered: 12/19/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
83

DECLARATION of Karen Crowley in Opposition re: 75 MOTION for Preliminary Injunction. Document filed by Brian Fischer(Commissioner; and on behalf of all others similarly situated) et al. (cd) (Entered: 12/19/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER

AMENDED SUMMONS ISSUED as to Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Robert Raymond(American's with Disabilities Act Coordinator; individually). (vj)

Dec. 23, 2011

Dec. 23, 2011

PACER

FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 12/232011 per the instructions of Judge Loretta A. Preska. See 78 Order,,,. (vj)

Dec. 23, 2011

Dec. 23, 2011

PACER
85

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Lucy Buther(American's with Disabilities Act Coordinator; individually). Attempted Service of Summons and Amended Complaint,,,,,,,,,,,,,. Service was attempted on 8/11/2011. Document filed by Anthony Medina. 3/29/2011 Sent out for mail service, no response. 7/20/2011 Set up for Per/Service. 8/11/2011 Does not work at this address Legal would not accept (js) (Entered: 01/17/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
84

ORDER: By letter dated December 16, 2011, the Legal Aid Society informed the Court that they intend to offer to represent the Plaintiffs in this action. Pursuant to the attached letter from Plaintiff Anthony Medina, dated January 3, 2012, the Court extends both Plaintiffs' time to respond to the pending motion to dismiss [dkt. 62] and Plaintiffs' time to reply to the motion for a preliminary injunction [dkt. 75]. Accordingly, Plaintiffs time to respond is extended until February 16, 2012.The Clerk shall serve a copy of this Order on Plaintiffs. Set Deadlines/Hearing as to 62 MOTION to Dismiss. 75 MOTION for Preliminary Injunction. ( Responses due by 2/16/2012) (Signed by Judge Loretta A. Preska on 1/11/2011) The Clerks Office Has Mailed Copies. (cd) (Entered: 01/11/2012)

Jan. 11, 2012

Jan. 11, 2012

PACER

Transmission to Docket Assistant Clerk. Transmitted re: 84 Order, Set Motion and R&R Deadlines/Hearings, to the Docket Assistant Clerk for case processing. (cd)

Jan. 11, 2012

Jan. 11, 2012

PACER

Mailed a copy of 84 Order, Set Motion and R&R Deadlines/Hearings, to James Colantuono 03-A-3490 Wende Corr. Facility P.O. Box 1187 Alden, NY 14004 by Certified Mail # 7003 0500 0000 0277 3743 with Return Receipt Requested. (eef)

Jan. 11, 2012

Jan. 11, 2012

PACER

Mailed a copy of 84 Order, Set Motion and R&R Deadlines/Hearings, to Anthony Medina 99-A-2999 Wende Correctional Facility P.O. Box 1187 Alden, NY 12733 by Certified Mail # 7003 0500 0000 0277 3736 with Return Receipt Requested. (eef)

Jan. 11, 2012

Jan. 11, 2012

PACER

Mailed a copy of 84 Order, Set Motion and R&R Deadlines/Hearings, to Peter Lopez 95-B-2608 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733- by Certified Mail # 7003 0500 0000 0277 3774 with Return Receipt Requested. (eef)

Jan. 11, 2012

Jan. 11, 2012

PACER

Mailed a copy of 84 Order, Set Motion and R&R Deadlines/Hearings, to Paul Ford 81-B-1297 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733- by Certified Mail # 7003 0500 0000 0277 3781 with Return Receipt Requested. (eef)

Jan. 11, 2012

Jan. 11, 2012

PACER

Mailed a copy of 84 Order, Set Motion and R&R Deadlines/Hearings, to Kelvin Curran 93-B-2003 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733- by Certified Mail # 7003 0500 0000 0277 3798 with Return Receipt Requested. (eef)

Jan. 11, 2012

Jan. 11, 2012

PACER

Mailed a copy of 84 Order, Set Motion and R&R Deadlines/Hearings, to Darrius Reid 09-A-4744 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733 by Certified Mail # 7003 0500 0000 0277 3804 with Return Receipt Requested. (eef)

Jan. 11, 2012

Jan. 11, 2012

PACER

Mailed a copy of 84 Order, Set Motion and R&R Deadlines/Hearings, to Kevin Jones 06-A-2567 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733 by Certified Mail # 7003 0500 0000 0277 3811 with Return Receipt Requested. (eef)

Jan. 11, 2012

Jan. 11, 2012

PACER

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 4, 2011

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Visually impaired and blind inmates at Sullivan and Wende Correctional Facilities in New York State.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York State, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $290,000

Order Duration: 2014 - 2016

Content of Injunction:

Discrimination Prohibition

Issues

General:

Law library access

Library (non-law) access

Mail

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Male

Disability:

Visual impairment

Medical/Mental Health:

Vision care

Type of Facility:

Government-run