Case: Hill v. County of Montgomery

Hill v. The County of Montgomery

COMPLAINT against Michael Amato, County of Montgomery, Michael Franko (Filing fee $400 receipt number 0206-3005103) filed by Perry Hill. (Attachments: # 1 Civil Cover Sheet)(nas,) (Entered: 07/28/2014)

1 Civil Cover Sheet

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Summons Issued as to Michael Amato, County of Montgomery, Michael Franko. (Attachments: # 1 Michael Franko, # 2 Montgomery County)(nas, ) (Entered: 07/28/2014)

1 Mcihael Franko

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2 Montgomery County

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G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/5/2014 09:00 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/29/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (nas, ) (Entered: 07/28/2014)

NOTICE of Admission Requirement as to Party Perry Hill; Attorney Nicholas Migliaccio, Email address is nmigliaccio@wbmllp.com. Phone number is (202)429-2290. Admissions due by 8/11/2014. {notice served via regular mail on attorney Nicholas Migliaccio}(nas, ) (Entered: 07/28/2014)

SUMMONS Returned Executed by Perry Hill. Michael Amato served on 8/1/2014, answer due 8/22/2014. (Keach, Elmer) (Entered: 08/05/2014)

SUMMONS Returned Executed by Perry Hill. Michael Franko served on 8/1/2014, answer due 8/22/2014. (Keach, Elmer) (Entered: 08/05/2014)

SUMMONS Returned Executed by Perry Hill. County of Montgomery served on 8/1/2014, answer due 8/22/2014. (Keach, Elmer) (Entered: 08/05/2014)

NOTICE of Appearance by Timothy J. Lambrecht on behalf of All Defendants (Lambrecht, Timothy) (Entered: 08/18/2014)

Letter Motion from Timothy J. Lambrecht for Michael Amato, County of Montgomery, Michael Franko requesting for an extension of time to answer submitted to Judge Honorable Randolph F. Treece . (Lambrecht, Timothy) (Entered: 08/18/2014)

NOTICE of Appearance by Jonathan M. Bernstein on behalf of Michael Amato, County of Montgomery, Michael Franko (Bernstein, Jonathan) (Entered: 08/19/2014)

CERTIFICATE OF SERVICE by Michael Amato, County of Montgomery, Michael Franko re 10 Notice of Appearance (Bernstein, Jonathan) (Entered: 08/19/2014)

NOTICE by Michael Amato, County of Montgomery, Michael Franko re 8 Notice of Appearance of Withdrawal of Counsel (Lambrecht, Timothy) (Entered: 08/19/2014)

Letter Motion for Michael Amato, County of Montgomery, Michael Franko requesting (Respectfully requesting a 30-day extension to file the answer to the complaint) submitted to Judge Hon. Randolph F. Treece . (Bernstein, Jonathan) (Entered: 08/21/2014)

CERTIFICATE OF SERVICE by Michael Amato, County of Montgomery, Michael Franko re 13 Letter Motion for Michael Amato, County of Montgomery, Michael Franko requesting (Respectfully requesting a 30-day extension to file the answer to the complaint) submitted to Judge Hon. Randolph F. Treece (Bernstein, Jonathan) (Entered: 08/21/2014)

TEXT ORDER granting 13 Letter Request, Michael Amato answer due 9/22/2014; County of Montgomery answer due 9/22/2014; Michael Franko answer due 9/22/2014. ORDERED that 9 Letter Request is denied as moot. Authorized by Magistrate Judge Randolph F. Treece on 8/22/14. (nas ) (Entered: 08/22/2014)

ANSWER to 1 Complaint by Michael Amato, County of Montgomery, Michael Franko.(Bernstein, Jonathan) (Entered: 09/11/2014)

CERTIFICATE OF SERVICE by Michael Amato, County of Montgomery, Michael Franko re 16 Answer to Complaint (Bernstein, Jonathan) (Entered: 09/11/2014)

Set Deadlines/Hearings

TEXT NOTICE: The Rule 16 Initial Conference in this matter is RESCHEDULED for 10/9/2014 at 10:00 AM before Magistrate Judge Randolph F. Treece and will be conducted by TELEPHONE. The parties are directed to DIAL IN at 877-336-1839 and use Access Code 6651723 and Security Code 1933 to be connected to the conference call. The parties are directed to submit a proposed Civil Case Management Plan by 10/2/2014. Mandatory Disclosures are to be exchanged by the parties on or before 10/2/2014. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. (mab)

TEXT ORDER: The Rule 16 Initial Conference in this matter is set for 10/9/2014 at 10:00 AM. Pursuant to the Court's Text Notice dated 9/19/2014, the parties were to submit a proposed Civil Case Management Plan by 10/2/2014. The Court has not received a proposed plan. Pursuant to FRCP 26(f) and 37(f), the failure to timely submit a case management plan or the failure of a party to participate, in good faith, in developing the plan may lead to sanctions or the imposition of reasonable attorney fees. The parties are directed to submit a proposed Civil Case Management Plan by 10/7/2014. SO ORDERED. Authorized by Magistrate Judge Randolph F. Treece on 10/6/2014. (mab) (Entered: 10/06/2014)

CIVIL CASE MANAGEMENT PLAN by Perry Hill. (Keach, Elmer) (Main Document 19 replaced on 10/7/2014 to "flatten image") (nas, ). (Entered: 10/07/2014)

Minute Entry for proceedings held before Magistrate Judge Randolph F. Treece: Rule 16 Initial Pretrial Conference held on 10/9/2014. Appearances: Elmer Keach, Esq. for Plaintiff and Jonathan Bernstein, Esq. for Defendants. The Court discusses the Mandatory Mediation Program and General Order #47 with the parties. Based upon the discussion with the parties, the nature of this case and that it may be a class action, the Court is persuaded at this time to opt this matter out of the Mandatory Mediation Program. The Court may reconsider this as the case progresses. Scheduling Order deadlines set. Uniform Pretrial Scheduling Order to be issued. (TIME: 10:00AM - 10:45AM). (mab) (Entered: 10/09/2014)

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 Days. Joinder of Parties due by 12/15/2014. Amended Pleadings due by 12/15/2014. This case has been exempt from the Court's Mandatory Mediation Program. Discovery due by 10/1/2015. Motions to be filed by 12/1/2015. Trial Ready Deadline is 2/1/2016. Jury Trial set for 3/7/2016 at 9:30 AM in Albany, NY before Senior Judge Lawrence E. Kahn. Status Report due by 3/15/2015. Signed by Magistrate Judge Randolph F. Treece on 10/10/2014. (mab) (Entered: 10/10/2014)

Set Deadlines/Hearings

TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on 10/9/2014. Based upon the discussions held during the conference, the Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED. Authorized byMagistrate Judge Randolph F. Treece on 10/10/14. (mab) (Entered: 10/10/2014)

ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT OBTAIN SEPARATE COUNSEL. Signed by Magistrate Judge Randolph F. Treece on 10/10/2014. (mab) (Entered: 10/10/2014)

Set Deadlines: Defendants to submit response to this Court's 23 Order to Show Cause on or before 12/9/2014. (mab)

NOTICE of Appearance by Nicholas A. Migliaccio on behalf of Perry Hill (Migliaccio, Nicholas) (Entered: 10/23/2014)

ORDER re 23 Order to Show Cause regarding joint representation. IT IS ORDERED that Defendants shall be permitted to proceed with joint representation but have not waived their right to retain separate counsel in the future. IT IS FURTHER ORDERED that the documents provided by Defendants as discussed herein shall be filed under seal. Signed by Magistrate Judge Randolph F. Treece on 11/4/2014. (mab) (Entered: 11/04/2014)

***SEALED DOCUMENT: filed under seal pursuant to 25 Order. (mab) (Entered: 11/04/2014)

Letter Motion from Elmer Keach for Perry Hill requesting Extension of Time of Amendment and Joinder of Parties Deadline, Until January 15, 2015 submitted to Judge Randolph F. Treece . (Keach, Elmer) (Entered: 12/15/2014)

TEXT ONLY ORDER: With consent of opposing counsel, Plaintiff's counsel seeks an extension of the joinder and amendment deadlines previously set by this Court. Dkt. No. 27 . The Request is granted and the Court extends the Amended Pleadings and Joinder of Parties deadlines to 1/15/2015. Should a party seek to amend a pleading or join parties after this new deadline, the burden is elevated to good cause. Signed by Magistrate Judge Randolph F. Treece on 12/18/14.(rlh) (Entered: 12/18/2014)

ORDER REASSIGNING CASE. Case reassigned to Judge Brenda K. Sannes for all further proceedings. Senior Judge Lawrence E. Kahn no longer assigned to case. Signed by Chief Judge Gary L. Sharpe on 12/29/14. (nas, ) (Entered: 12/29/2014)

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Daniel J. Stewart for all further proceedings. Signed by Chief Judge Glenn T. Suddaby on 10/1/15. (nas, ) (Entered: 10/01/2015)

Letter Motion for Michael Amato, County of Montgomery, Michael Franko requesting (Requesting an in-person conference to discuss discovery in this case). submitted to Judge Hon. Daniel J. Stewart . (Attachments: # 1 Certificate of Service)(Bernstein, Jonathan) (Entered: 10/02/2015)

1 Certificate of Service

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TEXT ORDER: On October 2, 2015, Defendants filed a Letter Request seeking an in-pereson conference to discuss discovery issues in this matter. Dkt. No. 31 . The request is GRANTED and the parties are directed to appear for a Discovery Confernece on October 16, 2015 at 9:30 AM before the undersigned. The parties are to appear at the James T. Foley US Courthouse, 445 Broadway, Albany, NY, 4th Floor, Room 409 on that date and time. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/7/2015. (mab) (Entered: 10/07/2015)

TEXT ORDER: At the request of the parties, the Court held a discovery conference on the record on October 15, 2015. The parties jointly seek an extension of the discovery deadline in light of the complicated nature of the case and the potential for future class action status. The Court grants the joint request to extend discovery. The discovery deadline is extended to June 1, 2016; the motion deadline is reset to August 1, 2016; and the trial ready deadline is now October 3, 2016. The parties discussed a dispute regarding the production of inmate records and booking sheets. The parties were directed to brief the issue to the Court, with the Plaintiffs brief due on October 30, 2015, and the Defendants response due on November 13, 2015. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 10/16/2015. (Stewart, Daniel) (Entered: 10/16/2015)

Discovery Hearing

Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Conference held on 10/16/2015. Appearances: Elmer Keach, Esq. and Maria Dyson, Esq. for Plaintiff; Jonathan Bernstein, Esq. for Defendants. The Court held conference to discuss the parties' joint request to extend the deadlines in this matter. After hearing from counsel, the Court agreed to extend the deadlines. The Court also heard from counsel as to issues regarding the production of inmate records and booking sheets. Further briefing was directed. Plaintiff's brief is due on 10/30/2015. Defendants response brief is due 11/13/2015. The parties presented a stipulated protective order which was signed by the Court and will be placed on the docket. (Court Reporter: Theresa Casal) (TIME: 9:31AM-9:55AM). (mab)

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Daniel J. Stewart on 10/16/2016. (mab) (Entered: 10/16/2015)

Letter Motion from Elmer Keach for Perry Hill requesting Extension of Time to File Letter Brief Regarding Booking Records, On Consent submitted to Judge Daniel J. Stewart . (Keach, Elmer) (Entered: 10/30/2015)

TEXT ORDER granting 35 Letter Request. Plaintiff's counsel's brief is due by November 6, 2015. Defendants' Counsel's brief is due by November 20, 2015. Authorized by Magistrate Judge Daniel J. Stewart on 11/2/15. (nas) (Entered: 11/02/2015)

Letter Motion from Elmer Keach for Perry Hill requesting Extension of Time to File Letter Brief on Booking Sheets, on Consent submitted to Judge Daniel J. Stewart . (Keach, Elmer) (Entered: 11/09/2015)

TEXT ORDER granting 37 Letter Request. Plaintiff's brief is due by November 10, 2015. Defendants' responding brief is due by November 24, 2015. Authorized by Magistrate Judge Daniel J. Stewart on 11/9/15. (nas) (Entered: 11/09/2015)

LETTER BRIEF Regarding Booking and Intake Weight Records by Perry Hill. (Attachments: # 1 Exhibit(s) A-- Hill Booking Records, # 2 Exhibit(s) B -- Example of Admission Health Screening Form, # 3 Exhibit(s) C -- Order, Bruce v. County of Rensselaer, # 4 Exhibit(s) D -- Transcript, Marriott v. County of Montgomery, # 5 Exhibit(s) E - Transcript, McDaniel v. County of Schenectady)(Keach, Elmer) (Entered: 11/10/2015)

1 Exhibit(s) A-- Hill Booking Records

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2 Exhibit(s) B -- Example of Admission Health Screening Form

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3 Exhibit(s) C -- Order, Bruce v. County of Rensselaer

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4 Exhibit(s) D -- Transcript, Marriott v. County of Montgomery

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5 Exhibit(s) E - Transcript, McDaniel v. County of Schenectady

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Letter Motion for Michael Amato, County of Montgomery, Michael Franko requesting (Respectfully requesting extension of time to resp to Plaintiff's Discovery Motion to December 3, 2015 and for the Court to allow unredacted booking records, transcripts and health assessment records to be sent directly to Chambers and Plaintiff's counsel as they contain health information) submitted to Judge Hon. Daniel J. Stewart . (Attachments: # 1 Certificate of Service)(Bernstein, Jonathan) (Entered: 11/19/2015)

1 Certificate of Service

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TEXT ORDER granting 40 Letter Request. Defendants' reply is due by 12/3/15. Redacted copies of the documents shall be electronically filed on cm/ecf. Un-redacted documents shall be forwarded to the undersigned's chambers. Authorized by Magistrate Judge Daniel J. Stewart on 11/23/15. (nas, ) (Entered: 11/23/2015)

MEMORANDUM OF LAW re 39 LETTER BRIEF, 40 Letter Request/Motion,, 41 Order on Letter Request, (Memorandum of Law in Opposition) filed by Michael Amato, County of Montgomery, Michael Franko. (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 Certificate of Service)(Bernstein, Jonathan) (Entered: 11/24/2015)

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 Certificate of Service

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TEXT ORDER: Presently before the Court are Letter Briefs filed by counsel with regard to Plaintiff's request for booking and intake weight records for members of the proposed class in this matter. Dkt. Nos. 39 and 42 . In order to address this issue, the Court sets a Discovery Hearing for January 26, 2016 at 9:00 AM before the undersigned. Counsel are directed to appear IN-PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Courtroom No. 2, Albany, NY on the scheduled date and time. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/20/2016. (mab) (Entered: 01/20/2016)

Discovery Hearing

Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Hearing held on 1/26/2016. Appearances: Elmer Keach, Esq. for Plaintiff; Jonathan Bernstein, Esq. for Defendants. The Court held a hearing to address the Letter Briefs pending before the Court regarding Plaintiff's request for booking and intake weight records for inmates at the Montomery County Jail. After hearing from both counsel, the Court reserves on a decision, however, directs counsel to confer regarding the database containing the booking records and the practicality and cost of producing such records. Counsel are to file a Status Report by 2/9/2016. The Court will issue an Order. (Time: 9:02AM-9:33AM). (Court Reporter: Lisa Tennyson) (mab)

TEXT ONLY ORDER Oral argument was held on Plaintiffs desire to conduct pre-class certification discovery of potential class members. Counsel for the Plaintiff and the Defendants are directed to meet and confer regarding the Defendants ability to provide the disputed booking records, or information obtained from the booking records, in computerized or other form; the cost of the production of those records or data; the procedure whereby data could be extracted by the Plaintiffs expert; the nature and scope of a protective order that would be agreed to in connection with the information; and the time necessary to produce that information. Counsel for the parties are directed to notify the Court, in letter form, of the results of their efforts on or before February 9, 2016.IT IS SO ORDERED.. Signed by Magistrate Judge Daniel J. Stewart on 1/27/2016. (Stewart, Daniel) (Entered: 01/27/2016)

Letter Motion for Michael Amato, County of Montgomery, Michael Franko requesting (Requesting that Plaintiff be required to pay cost of production of booking sheets and that these booking sheets be subject of a Protective Order) submitted to Judge Hon. Daniel J. Stewart . (Attachments: # 1 Certificate of Service)(Bernstein, Jonathan) (Entered: 02/09/2016)

1 Certificate of Service

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LETTER BRIEF Regarding Production of Booking Information and Associated Costs by Perry Hill. (Keach, Elmer) (Entered: 02/09/2016)

Notice (Other)

TEXT NOTICE: The jury trial previously scheduled for 3/7/2016 (Dkt. No. 21 ) is hereby adjourned without date. (rjb, )

TEXT ORDER: The parties are directed to participate in a Telephone Conference on February 16, 2016 at 10:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/12/2016. (mab) (Entered: 02/12/2016)

TEXT ORDER: The Telephone Conference in this matter is RESCHEDULED for February 24, 2016 at 2:30 PM before the undersigned. The parties are directed to use the instructions to connect to the conference call previously issued on February 12, 2016. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/12/2016. (mab) (Entered: 02/12/2016)

Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Telephone Conference held on 2/24/2016. Appearances: Elmer Keach, Esq. for Plaintiff; Jonathan Bernstein, Esq. for Defendants. The Court held a conference to address Plaintiff's request for pre-class certification discovery in this matter. Based upon the parties' submissions and the discussions held during the conference, the Court made various rulings on the record as to Plaintiff's request. (TIME: 2:34PM-2:44PM). (Court Reporter: Lisa Tennyson) (mab) (Entered: 02/25/2016)

TEXT ORDER. A conference call was held with the parties on February 24th 2016 regarding Plaintiff's request for pre-class certification discovery. Based upon the submissions of the parties, and oral arguments on the record, the Court grants Plaintiff's motion to the following extent: (1) within 21 days of this order the Defendant shall provide to the Plaintiff's Counsel the name, address, telephone number, employer and other contact information, date of birth, social security number, date of arrest or confinement, and the date the detainee is released from the facility, for those detained at the Montgomery County Jail for at least two continuous weeks during the period from July 25, 2011 to the present; (2) the Defendant is not required to include the detainees height, weight and build in the information provided; (3) the Defendant will be in charge of hiring an appropriate computer expert to extract the information and to provide it to Plaintiffs Counsel in the most appropriate form; (4) the cost of the expense of producing the information shall be split equally between the Plaintiff and the Defendant, and (5) all of the data and information that is turned over shall be subject to a properly executed protective order that allows review of the records by the attorney and the parties liability and damages expert only. IT IS SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 2/25/2016. (Stewart, Daniel) (Entered: 02/25/2016)

STIPULATION Stipulated Protective Order Regarding Detainee Admission Records by Perry Hill submitted to Judge Daniel J. Stewart. (Keach, Elmer) (Entered: 03/18/2016)

PROTECTIVE ORDER. Signed by Magistrate Judge Daniel J. Stewart on 3/22/2016. (mab) (Entered: 03/23/2016)

Letter Motion for Michael Amato, County of Montgomery, Michael Franko requesting (Respectfully requesting a discovery conference) submitted to Judge Hon. Daniel J. Stewart . (Attachments: # 1 Certificate of Service)(Bernstein, Jonathan) (Entered: 05/11/2016)

1 Certificate of Service

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TEXT ORDER: On May 11, 2016, Defendants filed a Letter Request seeking a conference to discuss an extension of time to complete discovery in this matter. Dkt. No. 53 . The request for a conference is GRANTED and the parties are directed to participate in a Discovery Telephone Conference on May 20, 2016 at 10:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/13/2016. (mab) (Entered: 05/13/2016)

Letter Motion for Michael Amato, County of Montgomery, Michael Franko requesting (Respectfully requesting that 5/20/16 telephone conference be rescheduled.) submitted to Judge Hon. Daniel J. Stewart . (Attachments: # 1 Certificate of Service)(Bernstein, Jonathan) (Entered: 05/19/2016)

1 Certificate of Service

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TEXT ORDER granting Defendant's 55 Letter Request seeking to reschedule the Discovery Telephone Conference in this matter. The Discovery Telephone Conference is RESCHEDULED for May 31, 2016 at 11:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/19/2016. (mab) (Entered: 05/19/2016)

Discovery Hearing

Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Hearing held on 5/31/2016. Appearances: Elmer Keach, Esq. and Nicholas Migliaccio, Esq. for Plaintff; Jonathan Bernstein, Esq. for Defendants. A conference with the parties was held to address the status of discovery in this matter and a possible extension of the scheduling order deadlines. Counsel state that they are working towards completing discovery, however, there is still a good amount that needs to be done. Atty Keach states that he intends to go forward with a motion for class certification, but gathering medical records for all the class individuals is taking significant time. The Court extends the discovery deadline to 9/1/2016 and Plaintiff is to make his motion for class certification by 10/7/2016. The deadline to file dispositive motions is STAYED. The Court will issue an Order. (TIME: 11:03AM-11:33AM). (mab)

ORDER RE 53 : ORDERED, that the discovery deadline is now set for September 1, 2016. ORDERED, that the Plaintiff is directed to file a motion for class certification with the District Court no later than October 7, 2016. ORDERED, that the Defendants are authorized to provide un-redacted copies of the grievances requested by the Plaintiff, pursuant to the provisions of the protective order that is now in place. Signed by Magistrate Judge Daniel J. Stewart on 6/9/16. (nas) (Entered: 06/09/2016)

MOTION for Limited Admission Pro Hac Vice of Jason S. Rathod Filing fee $100, receipt number 0206-3724372. filed by Perry Hill. (Attachments: # 1 Supplement, # 2 Proposed Order/Judgment, # 3 Affirmation, # 4 Supplement, # 5 Supplement) Motions referred to Daniel J. Stewart. (Migliaccio, Nicholas) (Additional attachment(s) added on 7/15/2016: # 6 e-reg form) (nas, ). (Entered: 07/11/2016)

1 Supplement

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2 Proposed Order/Judgment

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3 Affirmation

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4 Supplement

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5 Supplement

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6 e-reg form

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ORDER granting 58 Motion for Limited Admission Pro Hac Vice of Jason S. Rathod, Esq. Signed by Magistrate Judge Daniel J. Stewart on 7/22/2016. (mab) (Entered: 07/22/2016)

Letter Motion from Elmer Keach for Perry Hill requesting Thirty Day Extension of Time to Conclude Class Discovery, On Consent submitted to Judge Daniel J. Stewart . (Keach, Elmer) (Entered: 08/29/2016)

TEXT ORDER RE: 60 Letter Request. The Discovery Deadline is reset to 9/30/2016. All other pretrial deadlines remain in place. Authorized by Magistrate Judge Daniel J. Stewart on 8/31/16. (nas) (Entered: 08/31/2016)

Letter Motion from Elmer Keach for Perry Hill requesting Extension of Time to Complete Discovery Until October 5, 2016 for all but One Witness, and Requesting Extension of Time to File Motion for Class Certification, On Consent submitted to Judge Daniel J. Stewart . (Keach, Elmer) (Entered: 09/30/2016)

TEXT ORDER RE: 62 Letter Request. Deadlines are reset as follows: Discovery due by 11/1/2016 and the motion for class certification deadline is 11/15/16. No further extensions will be granted of these deadlines. Authorized by Magistrate Judge Daniel J. Stewart on 10/3/16. (nas, ) (Entered: 10/03/2016)

Letter Motion from Elmer Keach for Perry Hill requesting Discovery Conference with the Court submitted to Judge Daniel J. Stewart . (Keach, Elmer) (Entered: 11/04/2016)

TEXT ORDER: On November 4, 2016, Plaintiff filed a Letter Request seeking a conference to address the deposition of Nurse Jane Hubschmidt in this matter. Dkt. No. 64 . Based upon the reasons set forth in Plaintiff's submission, the request is GRANTED and counsel are directed to participate in a Discovery Telephone Conference on November 16, 2016 at 11:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. The deadline to file a motion for class certification is held in abeyance pending the scheduled conference. SO ORERED by Magistrate Judge Daniel J. Stewart on 11/10/2016. (mab) (Entered: 11/10/2016)

Discovery Hearing

Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Telephone Conference held on 11/16/2016. Appearances: Elmer Keach, Esq. and Nicholas Migliaccio, Esq. for Plaintiff; Jonathan Bernstein, Esq. for Defendants. The Court held a conference to address an issue that has arisen with the deposition of a Non-Party Witness. Atty Keach advises that Nurse Jane Hubschmidt has refused to appear for her deposition. Atty Keach also advises that she has significant health issues, but is willing to make any arrangements in order to accommodate her deposition and requests an Order from the Court directing her appearance. Defendants do not object. The Court determines that it will not issue an Order at this time, but will issue a Judicial Subpoena. Atty Keach will prepare such subpoena and provide it to the Court. Both counsel request additional time to move for class certification. The Court extends the deadline to 1/6/17. A Text Order will be issued. (TIME: 11:02AM-11:14AM). (Court Reporter: Theresa Casal) (mab)

TEXT ORDER: On November 16, 2016, the Court held a Discovery Telephone Conference to address Plaintiff's request for a Court Order directing a Non-Party Witness to appear for a deposition. At this time the Court will not issue an Order, however, Plaintiff is directed to prepare a Judicial Subpoena and provide it to the Court for review. The deadline to complete discovery is extended to December 16, 2016 for the sole purpose of completing the Non-Party Witness deposition. The deadline to file for class certification is extended to January 6, 2017. SO ORDERED by Magistrate Judge Daniel J. Stewart on 11/17/2016. (mab) (Entered: 11/17/2016)

Letter Motion from Elmer Keach for Perry Hill requesting Issuance of Court Ordered Subpoena for Jane Hubschmitt submitted to Judge Daniel J. Stewart . (Attachments: # 1 Proposed Court Ordered Subpoena)(Keach, Elmer) (Entered: 12/06/2016)

1 Proposed Court Ordered Subpoena

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SUBPOENA ISSUED as to Jane Hubschmitt. Signed by Magistrate Judge Daniel J. Stewart on 12/13/2016. (mab) (Entered: 12/13/2016)

Letter Motion from Elmer Keach for Perry Hill requesting Enlargement of Time to File Motion for Class Certification, on consent, until January 13, 2017, and Providing a Status Report Regarding the Status of the Hubschmitt Subpoena submitted to Judge Daniel J. Stewart . (Keach, Elmer) (Entered: 01/05/2017)

Letter Motion for Michael Amato, County of Montgomery, Michael Franko requesting (Defendant's opposition to Plaintiff's letter to the Court dated 1/6/17) submitted to Judge Hon. Daniel J. Stewart . (Attachments: # 1 Certificate of Service)(Bernstein, Jonathan) (Entered: 01/06/2017)

1 Certificate of Service

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TEXT ORDER: On January 5, 2017, Plaintiff filed a Letter Request seeking an extension of time to file his Motion for Class Certification in this matter. Dkt. No. 69 . In that same Letter Request, Plaintiff advised that Nurse Hubschmitt has retained counsel and will appear for a deposition, however, since Plaintiff does not wish to delay the filing of such motion he suggested raising any relevant information obtained from her deposition in his Reply Brief. Defendants filed a response to Plaintiff's Letter Request advising the Court that while they do not object to the request for an extension, they do object to Plaintiff raising new information in his reply to the Motion for Class Certification. Dkt. No. 70 . After reviewing the submissions from both counsel, Plaintiff's request for an extension of time to file his motion is GRANTED, however, such motion is to be filed after the deposition of Nurse Hubschmitt has been completed. The Court directs that Nurse Hubschmitt be deposed on or before February 9, 2017. Plaintiff shall file his Motion for Class Certification on or before February 23, 2017. There will be no further extension of these deadlines absent a showing of extraordinary circumstances. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/11/2017. (mab) (Entered: 01/10/2017)

Letter Motion from Elmer Keach for Perry Hill requesting Extension of Time to File Motion for Class Certification, Until February 28, 2017 submitted to Judge Daniel J. Stewart On Consent. (Keach, Elmer) (Entered: 02/23/2017)

MOTION to Certify Class Motion Hearing set for 4/6/2017 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 3/20/2017 Reply to Response to Motion due by 3/27/2017. filed by Perry Hill. (Keach, Elmer) (Entered: 02/27/2017)

MEMORANDUM OF LAW re 73 Motion to Certify Class filed by Perry Hill. (Keach, Elmer) (Entered: 02/27/2017)

AFFIDAVIT in Support re 73 MOTION to Certify Class filed by Perry Hill. (Attachments: # 1 Exhibit(s) A -- Report of Plaintiff's Expert, # 2 Exhibit(s) B -- Michael Amato Deposition Transcript, # 3 Exhibit(s) C -- Lynn Dumar Deposition Transcript, # 4 Exhibit(s) D -- Eric Engle Deposition Transcript, # 5 Exhibit(s) E -- Michael Franko Deposition Transcript, # 6 Exhibit(s) F -- Perry Hill Deposition Transcript, # 7 Exhibit(s) G -- Joan Hubschmitt Deposition Transcript, # 8 Exhibit(s) H -- Sue Ninan Deposition Transcript, # 9 Exhibit(s) I -- Bruce O'Shaugnessy Deposition Transcript, # 10 Exhibit(s) J - Robert Pettit Deposition Transcript, # 11 Exhibit(s) K -- Gina Yesse Deposition Transcript, # 12 Exhibit(s) L -- Letter from Tara Haynes, # 13 Exhibit(s) M, Part One -- Meal Plans, # 14 Exhibit(s) M, Part Two -- Meal Plans, # 15 Exhibit(s) N -- Cycle Menu, # 16 Exhibit(s) O, Part One -- Nutritional Spreadsheet, # 17 Exhibit(s) O, Part Two -- Nutritional Spreadsheet, # 18 Exhibit(s) O, Part Three -- Nutritional Spreadsheet, # 19 Exhibit(s) P -- Calorie Chart, # 20 Exhibit(s) Q -- Emails Regarding Inmate Weight Loss, # 21 Exhibit(s) R -- Commission of Correction Decision, # 22 Exhibit(s) S -- Ken Crouse Deposition Transcript, # 23 Exhibit(s) T -- Firm Resume, Keach and Dyson, # 24 Exhibit(s) U -- Firm Resume, Migliaccio, # 25 Exhibit(s) V -- Sample of Inmate Surveys)(Keach, Elmer) (Entered: 02/27/2017)

1 Exhibit(s) A -- Report of Plaintiff's Expert

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2 Exhibit(s) B -- Michael Amato Deposition Transcript

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3 Exhibit(s) C -- Lynn Dumar Deposition Transcript

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4 Exhibit(s) D -- Eric Engle Deposition Transcript

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5 Exhibit(s) E -- Michael Franko Deposition Transcript

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6 Exhibit(s) F -- Perry Hill Deposition Transcript

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7 Exhibit(s) G -- Joan Hubschmitt Deposition Transcript

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8 Exhibit(s) H -- Sue Ninan Deposition Transcript

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9 Exhibit(s) I -- Bruce O'Shaugnessy Deposition Transcript

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10 Exhibit(s) J - Robert Pettit Deposition Transcript

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11 Exhibit(s) K -- Gina Yesse Deposition Transcript

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12 Exhibit(s) L -- Letter from Tara Haynes

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13 Exhibit(s) M, Part One -- Meal Plans

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14 Exhibit(s) M, Part Two -- Meal Plans

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15 Exhibit(s) N -- Cycle Menu

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16 Exhibit(s) O, Part One -- Nutritional Spreadsheet

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17 Exhibit(s) O, Part Two -- Nutritional Spreadsheet

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18 Exhibit(s) O, Part Three -- Nutritional Spreadsheet

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19 Exhibit(s) P -- Calorie Chart

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20 Exhibit(s) Q -- Emails Regarding Inmate Weight Loss

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21 Exhibit(s) R -- Commission of Correction Decision

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22 Exhibit(s) S -- Ken Crouse Deposition Transcript

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23 Exhibit(s) T -- Firm Resume, Keach and Dyson

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24 Exhibit(s) U -- Firm Resume, Migliaccio

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25 Exhibit(s) V -- Sample of Inmate Surveys

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CERTIFICATE OF SERVICE by Perry Hill re 73 MOTION to Certify Class, 74 Memorandum of Law, 75 Affidavit in Support of Motion,,,,, (Keach, Elmer) (Entered: 02/27/2017)

TEXT ORDER RE: 72 Letter Request. Plaintiff's request for an extension of time to submit a motion for class certification is denied as moot. Plaintiff has submitted his motion (See Dkt. No. 73). Authorized by Magistrate Judge Daniel J. Stewart on 3/1/17. (nas) (Entered: 03/01/2017)

Letter Motion for Michael Amato, County of Montgomery, Michael Franko requesting (Respectfully requesting an extension of time in which fo file opposition to plaintiff's motion for class certification until April 21, 2017) submitted to Judge Hon. Brenda K. Sannes . (Attachments: # 1 Certificate of Service)(Bernstein, Jonathan) (Entered: 03/13/2017)

1 Certificate of Service

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TEXT ORDER granting 78 Letter Request for an extension of time to respond to the 73 MOTION to Certify Class : Response to Motion due by 4/21/2017; Reply to Response to Motion due by 4/28/2017. SO ORDERED by Judge Brenda K. Sannes on 3/16/17. (rjb, ) (Entered: 03/16/2017)

Letter Motion for Michael Amato, County of Montgomery, Michael Franko requesting (Respectfully requesting that Exhibits "B" and "J" to Defendants' Opposition to Plaintiff's Motion for Class Certification be sent directly via mail / under seal) submitted to Judge Hon. Brenda K. Sannes . (Attachments: # 1 Certificate of Service)(Bernstein, Jonathan) (Entered: 04/10/2017)

1 Certificate of Service

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Letter Motion for Michael Amato, County of Montgomery, Michael Franko requesting (Respectfully requesting authority to submit an un-redacted version of opposition papers to be supplied directly to Chambers) submitted to Judge Hon. Brenda K. Sannes . (Attachments: # 1 Certificate of Service)(Bernstein, Jonathan) (Entered: 04/13/2017)

1 Certificate of Service

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TEXT ORDER: The Court has reviewed Defendants' letter motion 80 to file exhibits under seal in support of their opposition to the Plaintiff's motion for class certification. Plaintiff is directed to respond to Defendant's letter motion by April 21, 2017. The Court notes that because it appears that there is a qualified First Amendment right of access to exhibits filed in connection with a motion for class certification, the public's right of access to these documents "can be overcome only by specific, on-the-record findings that closure is essential to protect higher values and narrowly tailored to achieve that aim." Tropical Sails Corp., v. Yext, Inc., No. 14-Civ. 7582, 2016 WL 1451548, * 3 (S.D.N.Y. 2016) (citing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir. 2006)). To the extent that the Defendants seek to file documents or exhibits under seal, they should submit a request to do so addressing this standard. The deadlines regarding the 73 Motion to Certify Class are hereby extended as follows: Response to Motion due by 5/5/2017; Reply to Response to Motion due by 5/12/2017. SO ORDERED by Judge Brenda K. Sannes on 4/14/17. (rjb, ) (Entered: 04/14/2017)

MOTION (An Order pursuant to US NDNY Local Rule 83.13 sealing the records contained in Exhibits "B" to "J" to Defs' Opposition to Plt's Motion for Class Certification and allowing Exhibits "A", "E", "F" and "G" to Defs' Opposition to be redacted on ECF with un-redacted copies sent to Chambers and opposing counsel, together with such other and further relief that the Court deems just and proper.) Motion Hearing set for 6/1/2017 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 5/15/2017 filed by Michael Amato, County of Montgomery, Michael Franko. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Memo of Law in Support of Sealing Documents, # 6 Certificate of Service) Motions referred to Daniel J. Stewart. (Bernstein, Jonathan) (Entered: 04/24/2017)

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 Memo of Law in Support of Sealing Documents

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6 Certificate of Service

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TEXT ORDER: On the basis that they contain personal identifying information and information about sensitive medical conditions, Defendants move 83 to seal Exhibits B and J, and redact Exhibits A, E, F, and G, of their opposition to Plaintiffs motion for class certification 73 . As Defendants are submitting the exhibits in opposition to Plaintiffs motion for class certification, they would certainly be relevant to the judicial function and useful to the judicial process in probing behind pleadings to determine whether the plaintiffs suit meets the special criteria set for in Rule 23 for class certification. Tropical Sails Corp., v. Yext, Inc., No. 14-Civ. 7582, 2016 WL 1451548, * 3 (S.D.N.Y. 2016). They are therefore judicial documents. Second Circuit precedent "indicate[s] that... a strong presumption of access attaches [to judicial documents], under both the common law and the First Amendment." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 121 (2d Cir. 2006). Further, the Court finds that the weight of the presumption of access to these documents is significant under both the common law and First Amendment analysis. Mark v. Gawker Media LLC, No. 13-CV-4347 (AJN), 2015 WL 7288641, at *2, 2015 U.S. Dist. LEXIS 154630, at *5 (S.D.N.Y. Nov. 16, 2015) (determining that the weight of the presumption of access to documents submitted in connection with motion for class certification to be significant.). Thus, the documents at issue should not remain under seal absent the most compelling reasons.'" Lugosch, 435 F.3d at 123 (quoting Joy v. North, 692 F.2d 880, 893 (2d Cir. 1982)). Moreover, under "the more stringent First Amendment framework... continued sealing of the documents may be justified only with specific, on-the-record findings that sealing is necessary to preserve higher values and only if the sealing order is narrowly tailored to achieve that aim." Id. at 124. Examples of "higher values" may include law enforcement interest, the privacy of innocent third parties, United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995), and the attorney-client privilege, Lugosch, 435 F.3d at 125. The party seeking to maintain the judicial documents under seal bears the burden of showing that higher values overcome the presumption of public access. DiRussa v. Dean Witter Reynolds Inc., 121 F.3d 818, 826 (2d Cir. 1997). Defendants seek to seal Exhibits B and J in their entirety and redact Exhibits A, E, F, and G, on the basis that they contain sensitive medical information and implicate the privacy interests of Plaintiff and several non-parties. (Dkt. No. 83-5, p. 6). Individual contact information and other personal identifying information may be redacted. See Mark v. Gawker Media LLC, No. 13-CV-4347 (AJN), 2015 WL 7288641, at *2 (S.D.N.Y. Nov. 16, 2015) (granting the parties' request to redact the highlighted portions of the supporting documents containing email addresses, telephone numbers). Further, [f]ederal law generally treats medical records as confidential. Hand v. N.Y. City Transit Auth., No. 11-CV-997 RRM MDG, 2012 WL 3704826, at *5, 2012 U.S. Dist. LEXIS 120701, at *18 (E.D.N.Y. Aug. 26, 2012) (citing Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub.L. 104191 (1996)). Given the limited scope of Defendants request to seal Exhibits B and G, and the narrowly tailored redactions from Exhibits A, E, F, and G, the Court finds that the privacy interests of the affected individuals outweigh the presumption of public access (see Amodeo, 71 F.3d at 1050 ("[t]he privacy interests of innocent third parties... should weigh heavily in a court's balancing equation.") (internal quotation marks omitted)), and that the sealing and redaction of these documents is essential to preserve higher values. United States v Erie Cnty., 763 F.3d 235, 239 (2d Cir. 2014). Accordingly, Defendants' motion 83 is GRANTED. SO ORDERED by Judge Brenda K. Sannes on 5/2/17. (rjb, ) (Entered: 05/02/2017)

STATUS REPORT Regarding Partial Sealing of Motion Filing, Reflecting Plaintiff's Consent and Asking for Specific Redactions by Perry Hill. (Keach, Elmer) (Entered: 05/02/2017)

Notice (Other)