Case: M.G. v. Cuomo

7:19-cv-00639 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 23, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 23, 2019, six indigent prisoners with mental illness whom the defendants held in secure prisons past their release dates filed this class-action lawsuit in the U.S. District Court for the Southern District of New York, on behalf of other prisoners in similar situations. The plaintiffs sued the Governor of New York, the New York State Office of Mental Health, Commissioner, Associate Commissioner, and the New York Department of Corrections and Community Supervision ("DOCCS"), alleging …

On January 23, 2019, six indigent prisoners with mental illness whom the defendants held in secure prisons past their release dates filed this class-action lawsuit in the U.S. District Court for the Southern District of New York, on behalf of other prisoners in similar situations. The plaintiffs sued the Governor of New York, the New York State Office of Mental Health, Commissioner, Associate Commissioner, and the New York Department of Corrections and Community Supervision ("DOCCS"), alleging that the defendants failed to make available community-based housing and supportive services that the plaintiffs require upon release. As a result, plaintiffs were allegedly held in state prison past their lawful release dates (in some cases over a year). The plaintiffs also alleged that during this prolonged time in prison, the defendants subjected them to solitary confinement and even revoked the approved release status of the inmates in response to the inmates' reporting of violations.

The plaintiffs sued under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C § 794, and 42 U.S.C. § 1983 for violations of the Eighth and Fourteenth Amendments to the U.S. Constitution. Represented by the Legal Aid Society and Disability Rights New York, the plaintiffs sought declaratory and injunctive relief for the alleged unconstitutional and discriminatory practices to which the defendants subjected them. Specifically, the plaintiffs asked that the defendants make release possible by developing the community-based mental health housing programs that the defendants have imposed as a precondition for the plaintiff's discharge from prison, and by creating an effective plan for community integration. The case was assigned to Judge Cathy Seibel.

The plaintiffs' original complaint identified a General Class and a Residential Treatment Facilities (RTF) Subclass. The General Class consisted of people with serious mental illness whom Defendants hold in secure prisons past their release dates—including the end of their prison sentences, approved conditional release dates, and open dates for parole release due to the inadequate capacity of community-based mental health housing programs. The RTF Subclass included General Class members who had been incarcerated past the maximum expiration dates of their court-imposed prison sentences, despite defendants' claims that they had been released to Residential Treatment Facilities.

The plaintiffs filed an amended complaint on June 3, 2019. After some discovery, defendant Cuomo filed a motion to dismiss the entire action against him on December 16, 2019. The motion alleged that all claims against him should be dismissed as moot because he had no direct involvement in securing housing or community-based services for the plaintiffs. The motion further alleged that all claims from five of the six plaintiffs were moot because they had since been released to community residences. Defendant Cuomo claimed sovereign immunity regarding the claims of the remaining one plaintiff not yet released.

On August 10, 2020, before a ruling on the motion to dismiss, the plaintiffs requested leave to amend their complaint, which was granted by Magistrate Judge Lisa M. Smith on August 26. The second amended complaint was filed on August 27, 2020. The plaintiffs' second amended complaint added two causes of action - one under the Rehabilitation Act and one under the ADA - related to the discharge class, comprising individuals with mental illnesses alleging inadequate service in integrated settings. The second amended complaint also created a Discharge Class, on on behalf of a class of people with serious mental illness whom Defendants unnecessarily segregated or placed at serious risk of institutionalization upon their release from prison because Defendants fail to provide the community-based mental health housing and supportive services that Plaintiffs need. The Discharge Class thus claimed both unjustified segregation (to settings such as homeless shelters) and serious risk of reinstitutionalization, both evaluated under Olmstead v. L.C.

Judge Seibel issued a bench ruling on the earlier motion to dismiss on September 25, 2020, granting the motion to dismiss as to the substantive due process claim, but otherwise denying the motion. Additionally, Judge Seibel found that the PLRA and its exhaustion requirements did not apply to the Residential Treatment Facility subclass, which includes those who were incarcerated past the maximum expiration dates of their court-imposed prison sentences. 2020 WL 5038525. The court also dismissed Governor Cuomo as a defendant. Judge Seibel ordered the defendants to submit their pre-motion letter or answer as to the second amended complaint by October 16, 2020.

On January 8, 2021, the defendants moved to dismiss the plaintiffs' additional causes of action relating to the discharge class. A month later, the Department of Justice filed a Statement of Interest in the case. On September 29, 2021, Judge Seibel issued another bench ruling, denying the defendant's motion to dismiss plaintiffs' Olmstead claims. The court memorialized this opinion on November 15, 2021. 2021 WL 5299244. The court thus found that the plaintiffs did have standing to bring their claims and that the claims were plausible under both the ADA and Rehabilitation Act. Specifically, the court concluded that the plaintiffs plausibly alleged that the defendants did fail to provide sufficient community-based services which resulted in "an unjustified placement in a segregated setting and a placement creating a serious risk of institutionalization."

On February 10, 2022, the court adopted a discovery schedule. The case is ongoing.

Summary Authors

Lisa Koo (3/16/2019)

Alex Moody (5/25/2020)

Rachel Harrington (10/14/2020)

Matthew Feng (11/16/2021)

Michelle Wolk (3/8/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13588197/parties/m-g-v-cuomo/


Judge(s)

Seibel, Cathy (New York)

Smith, Lisa Margaret (New York)

Attorneys(s) for Plaintiff

Hanna, Chantalle (New York)

Landriscina, Elena Maria (New York)

Margolis, Samuel (New York)

Parker, Crystal Lohmann (New York)

Quackenbush, Robert Matthew (New York)

Ricciardi, Walter G. (New York)

Rosenthal, Joshua M (New York)

Sabel, Janet E. (New York)

Judge(s)

Seibel, Cathy (New York)

Smith, Lisa Margaret (New York)

Attorneys(s) for Plaintiff

Hanna, Chantalle (New York)

Landriscina, Elena Maria (New York)

Margolis, Samuel (New York)

Parker, Crystal Lohmann (New York)

Quackenbush, Robert Matthew (New York)

Ricciardi, Walter G. (New York)

Rosenthal, Joshua M (New York)

Sabel, Janet E. (New York)

Short, Stefen Russell (New York)

Sterling, Betsy (New York)

Vance, Emily A. (New York)

Vela, Veronica (New York)

Werlas, Mary Lynne (New York)

Witte, Marie Noonan (New York)

Woods, Elizabeth (New York)

Zuraw, Lane B (New York)

Attorneys(s) for Defendant

Goldberg, Jane R. (New York)

Harben, Jeb (New York)

James, Letitia (New York)

Other Attorney(s)

Strauss, Audrey (New York)

Sun, Anthony Jan-Huan (New York)

Documents in the Clearinghouse

Document

Docket

Nov. 15, 2021 Docket
1

Class Action Complaint

Jan. 23, 2019 Complaint
47

First Amended Class Action Complaint

June 3, 2019 Complaint
80

Memorandum of Law in Support of Defendants' Motion to Dismiss the First Amended Class Action Complaint

Dec. 16, 2019 Pleading / Motion / Brief
134

Second Amended Class Action Complaint

Aug. 27, 2020 Complaint
140

Proceedings

Sept. 25, 2020 Transcript
158

Memorandum of Law in Support of Defendants' Partial Motion to Dismiss the Second Amended Complaint

Jan. 8, 2021 Pleading / Motion / Brief
159

Plaintiffs' Memorandum of Law in Opposition to Defendants' Partial Motion to Dismiss the Second Amended Class Action Complaint

Feb. 5, 2021 Pleading / Motion / Brief
161

Statement of Interest of the United States of America

Feb. 12, 2021 Pleading / Motion / Brief

Bench Ruling

Sept. 29, 2021 Order/Opinion

Resources

Title Description External URL

Legal Aid and DRNY File Class Action Lawsuit Against NYS Over Practice of Keeping New Yorkers with Mental Illness Incarcerated Past Their Release Dates

Redmond Haskins and Katrin Haldeman

The Legal Aid Society and Disability Rights New York filed a lawsuit today in the United States District Court for the Southern District on behalf of a class of New Yorkers with mental illness who ha… Jan. 23, 2019 https://myemail.constantcontact.com/THE-LEGAL-AID-SOCIETY---DRNY-FILE-CLASS-ACTION-LAWSUIT-AGAINST-NYS.html?soid=1128997988588&aid=CgyUdIyAoFQ

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13588197/m-g-v-cuomo/

Last updated May 20, 2022, 5:04 a.m.

ECF Number Description Date Link
1

COMPLAINT against Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan. (Filing Fee $ 400.00, Receipt Number ANYSDC-16226915)Document filed by D. R., C. J., P. C., M. G., M. J., J. R..(Short, Stefen) (Entered: 01/23/2019)

Jan. 23, 2019 RECAP
2

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Attachments: # 1 Exhibit Addendum to Civil Cover Sheet)(Short, Stefen) Modified on 1/24/2019 (jgo). (Entered: 01/23/2019)

1 Exhibit Addendum to Civil Cover Sheet

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Jan. 23, 2019 PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Cuomo, in his official capacity as the Governor of the State of New York, re: 1 Complaint,. Document filed by P. C., M. G., C. J., M. J., D. R., J. R.. (Short, Stefen) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to The New York State Office of Mental Health, re: 1 Complaint,. Document filed by P. C., M. G., C. J., M. J., D. R., J. R.. (Short, Stefen) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Ann Marie T. Sullivan, in her official capacity as the Commissioner of the New York State Office of Mental Health, re: 1 Complaint,. Document filed by P. C., M. G., C. J., M. J., D. R., J. R.. (Short, Stefen) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to The New York State Department of Corrections and Community Supervision, re: 1 Complaint,. Document filed by P. C., M. G., C. J., M. J., D. R., J. R.. (Short, Stefen) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to Anthony J. Annucci, in his official capacity as the Acting Commissioner of the New York State Department of Corrections and Community Supervision, re: 1 Complaint,. Document filed by P. C., M. G., C. J., M. J., D. R., J. R.. (Short, Stefen) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
8

REQUEST FOR ISSUANCE OF SUMMONS as to Anne Marie McGrath, in her official capacity as Associate Commissioner of the New York State Department of Corrections and Community Supervision, re: 1 Complaint,. Document filed by P. C., M. G., C. J., M. J., D. R., J. R.. (Short, Stefen) (Entered: 01/23/2019)

Jan. 23, 2019 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Stefen Russell Short to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)

Jan. 24, 2019 PACER

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Stefen Russell Short. The following case opening statistical information was erroneously selected/entered: Office code Foley Square;. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains;. (jgo)

Jan. 24, 2019 PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (jgo)

Jan. 24, 2019 PACER

Magistrate Judge Lisa M. Smith is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (jgo)

Jan. 24, 2019 PACER

Case Designated ECF. (jgo)

Jan. 24, 2019 PACER
9

CIVIL COVER SHEET filed. (Attachments: # 1 Addendum to Civil Cover Sheet)(Short, Stefen) (Entered: 01/24/2019)

1 Addendum to Civil Cover Sheet

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Jan. 24, 2019 PACER
10

ELECTRONIC SUMMONS ISSUED as to Andrew Cuomo. (jgo) (Entered: 01/24/2019)

Jan. 24, 2019 PACER
11

ELECTRONIC SUMMONS ISSUED as to Ann Marie T. Sullivan. (jgo) (Entered: 01/24/2019)

Jan. 24, 2019 PACER
12

ELECTRONIC SUMMONS ISSUED as to Anthony J. Annucci. (jgo) (Entered: 01/24/2019)

Jan. 24, 2019 PACER
13

ELECTRONIC SUMMONS ISSUED as to New York State Department of Corrections and Community Supervision. (jgo) (Entered: 01/24/2019)

Jan. 24, 2019 PACER
14

ELECTRONIC SUMMONS ISSUED as to New York State Office of Mental Health. (jgo) (Entered: 01/24/2019)

Jan. 24, 2019 PACER
15

ELECTRONIC SUMMONS ISSUED as to Anne Marie McGrath. (jgo) (Entered: 01/24/2019)

Jan. 24, 2019 PACER
16

NOTICE OF APPEARANCE by Robert Matthew Quackenbush on behalf of P. C., M. G., C. J., M. J., D. R., J. R.. (Quackenbush, Robert) (Entered: 01/24/2019)

Jan. 24, 2019 PACER
17

NOTICE OF APPEARANCE by Elena Maria Landriscina on behalf of P. C., M. G., C. J., M. J., D. R., J. R.. (Landriscina, Elena) (Entered: 01/25/2019)

Jan. 25, 2019 PACER
18

NOTICE OF APPEARANCE by Joshua Morris Rosenthal on behalf of P. C., M. G., C. J., M. J., D. R., J. R.. (Rosenthal, Joshua) (Entered: 01/25/2019)

Jan. 25, 2019 PACER
19

NOTICE OF APPEARANCE by Betsy C. Sterling on behalf of P. C., M. G., C. J., M. J., D. R., J. R.. (Sterling, Betsy) (Entered: 01/25/2019)

Jan. 25, 2019 PACER
20

LETTER MOTION for Conference regarding Plaintiffs' anticipated ex parte motion to proceed anonymously in public filings, and for related relief, addressed to Judge Cathy Seibel from Robert M. Quackenbush of The Legal Aid Society dated January 28, 2019. Document filed by P. C., M. G., C. J., M. J., D. R., J. R..(Quackenbush, Robert) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
21

ORDER denying as moot 20 Letter Motion for Conference: Pre-motion conference requirement waived. Plaintiffs may go ahead and make the motion. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
22

Gregory Michael O'NeilEX PARTE MOTION to Proceed Anonymously . Document filed by P.C., M.G., C.J., M.J., D.R., J.R. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Ex Parte Motion to Proceed Anonymously, # 2 Declaration in Support of Plaintiffs' Ex Parte Motion to Proceed Anonymously, # 3 Proposed Order on Plaintiffs' Ex Parte Motion to Proceed Anonymously)(Short, Stefen) Modified on 2/8/2019 (db). (Entered: 01/28/2019)

1 Memorandum of Law in Support of Plaintiffs' Ex Parte Motion to Proceed Ano

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2 Declaration in Support of Plaintiffs' Ex Parte Motion to Proceed Anonymous

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3 Proposed Order on Plaintiffs' Ex Parte Motion to Proceed Anonymously

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Jan. 28, 2019 PACER
23

AFFIDAVIT OF SERVICE. Andrew Cuomo served on 1/28/2019, answer due 2/19/2019. Service was accepted by Denice Gagnon. Document filed by D. R.; C. J.; P. C.; M. G.; M. J.; J. R.. (Rosenthal, Joshua) (Entered: 01/29/2019)

Jan. 29, 2019 PACER
24

AFFIDAVIT OF SERVICE. Anthony J. Annucci served on 1/28/2019, answer due 2/19/2019. Service was accepted by Mark Richter. Document filed by D. R.; C. J.; P. C.; M. G.; M. J.; J. R.. (Rosenthal, Joshua) (Entered: 01/29/2019)

Jan. 29, 2019 PACER
25

AFFIDAVIT OF SERVICE. New York State Department of Corrections and Community Supervision served on 1/28/2019, answer due 2/19/2019. Service was accepted by Mark Richter. Document filed by D. R.; C. J.; P. C.; M. G.; M. J.; J. R.. (Rosenthal, Joshua) (Entered: 01/29/2019)

Jan. 29, 2019 PACER
26

AFFIDAVIT OF SERVICE. Anne Marie McGrath served on 1/28/2019, answer due 2/19/2019. Service was accepted by Mark Richter. Document filed by D. R.; C. J.; P. C.; M. G.; M. J.; J. R.. (Rosenthal, Joshua) (Entered: 01/29/2019)

Jan. 29, 2019 PACER
27

AFFIDAVIT OF SERVICE. New York State Office of Mental Health served on 1/28/2019, answer due 2/19/2019. Service was accepted by Jesse Snyder. Document filed by D. R.; C. J.; P. C.; M. G.; M. J.; J. R.. (Rosenthal, Joshua) (Entered: 01/29/2019)

Jan. 29, 2019 PACER
28

AFFIDAVIT OF SERVICE. Ann Marie T. Sullivan served on 1/28/2019, answer due 2/19/2019. Service was accepted by Jesse Snyder. Document filed by D. R.; C. J.; P. C.; M. G.; M. J.; J. R.. (Rosenthal, Joshua) (Entered: 01/29/2019)

Jan. 29, 2019 PACER
29

NOTICE OF APPEARANCE by Jane R. Goldberg on behalf of Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan. (Goldberg, Jane) (Entered: 02/01/2019)

Feb. 1, 2019 PACER
30

LETTER MOTION for Extension of Time to respond to Complaint addressed to Judge Cathy Seibel from Jane R. Goldberg dated February 1, 2019. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan.(Goldberg, Jane) (Entered: 02/01/2019)

Feb. 1, 2019 PACER
31

ORDER granting 30 Letter Motion for Extension of Time. Application granted: Defendants time to respond is extended until April 19, 2019. Defendants are also directed to advise the Court no later than February 8, 2019, whether they oppose Plaintiffs' motion to proceed anonymously, (Doc. 22). SO ORDERED. (Signed by Judge Cathy Seibel on 2/1/2019) (ks) (Entered: 02/01/2019)

Feb. 1, 2019 PACER

Set/Reset Deadlines: Anthony J. Annucci answer due 4/19/2019; Andrew Cuomo answer due 4/19/2019; Anne Marie McGrath answer due 4/19/2019; New York State Department of Corrections and Community Supervision answer due 4/19/2019; New York State Office of Mental Health answer due 4/19/2019; Ann Marie T. Sullivan answer due 4/19/2019. Responses due by 2/8/2019. (ks)

Feb. 1, 2019 PACER
32

NOTICE OF APPEARANCE by Veronica Vela on behalf of M. G., C. J., M. J.. (Vela, Veronica) (Entered: 02/06/2019)

Feb. 6, 2019 PACER
33

NOTICE OF APPEARANCE by Veronica Vela on behalf of P. C., M. G., C. J., M. J., D. R., J. R.. (Vela, Veronica) (Entered: 02/06/2019)

Feb. 6, 2019 PACER
34

LETTER addressed to Judge Cathy Seibel from Jane R. Goldberg dated February 7, 2019 re: Plaintiffs' ex parte motion to proceed anonymously. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan. (Attachments: # 1 Text of Proposed Order)(Goldberg, Jane) (Entered: 02/07/2019)

1 Text of Proposed Order

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Feb. 7, 2019 PACER
35

ORDER ON PLAINTIFFS' EX PARTE MOTION TO PROCEED ANONYMOUSLY granting 22 Motion. ORDERED that Plaintiffs' motion to proceed anonymously be means of the pseudonyms reflected in the caption of this Order is GRANTED; and it is further ORDERED that all public filings will proceed anonymously by means of he pseudonyms reflected in the caption of this Order, and that all other filings will be under seal to the extent they reveal the identities of the Plaintiffs, as further set forth in this Order. The Clerk shall terminate Doc. 22. (Signed by Judge Cathy Seibel on 2/7/2019) (mml) Modified on 2/7/2019 (mml). (Entered: 02/07/2019)

Feb. 7, 2019 PACER
36

NOTICE OF APPEARANCE by Walter G. Ricciardi on behalf of P. C., M. G., C. J., M. J., D. R., J. R.. (Ricciardi, Walter) (Entered: 03/19/2019)

March 19, 2019 PACER
37

LETTER MOTION for Conference re: 1 Complaint, addressed to Judge Cathy Seibel from Jane R. Goldberg dated April 19, 2019. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan.(Goldberg, Jane) (Entered: 04/19/2019)

April 19, 2019 PACER

Order on Motion for Conference

April 19, 2019 PACER
38

ORDER granting 37 Letter Motion for Conference: Pre-Motion Conference set for 5/13/19 at 11:30 am. Plaintiffs shall state their position, by letter of no more than 3 pages, no later than 5/6/19. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 04/19/2019)

April 19, 2019 PACER
39

LETTER RESPONSE to Motion addressed to Judge Cathy Seibel from Joshua Rosenthal dated 05/06/2019 re: 37 LETTER MOTION for Conference re: 1 Complaint, addressed to Judge Cathy Seibel from Jane R. Goldberg dated April 19, 2019. . Document filed by P. C., M. G., C. J., M. J., D. R., J. R.. (Rosenthal, Joshua) (Entered: 05/06/2019)

May 6, 2019 PACER
40

NOTICE OF APPEARANCE by Jeb Harben on behalf of Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan. (Harben, Jeb) (Entered: 05/13/2019)

May 13, 2019 PACER

Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 5/13/2019. The Court grants Plaintiff(s) leave to amend Complaint. Amended Complaint (if Plaintiff chooses to do so) to be submitted by June 3, 2019. Defendants' Motion to Dismiss (or Answer) to be submitted by July 26, 2019; Plaintiffs' opposition (if Motion filed) due August 16, 2019; reply due August 30, 2019. The Court directs Plaintiff(s) to make a demand. Rule 26 disclosures to be submitted by June 24, 2019. Requests for production and interrogatories to be submitted by July 8, 2019. See transcript. (Court Reporter Angela O'Donnell) (wc)

May 13, 2019 PACER
41

PROPOSED STIPULATION AND ORDER. Document filed by P. C., M. G., C. J., M. J., D. R., J. R.. (Rosenthal, Joshua) (Entered: 05/15/2019)

May 15, 2019 PACER
42

STIPULATION AND PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Cathy Seibel on 5/15/2019) (ks) (Entered: 05/15/2019)

May 15, 2019 PACER
43

NOTICE OF APPEARANCE by Emily A. Vance on behalf of P. C., M. G., C. J., M. J., D. R., J. R.. (Vance, Emily) (Entered: 05/28/2019)

May 28, 2019 PACER
44

LETTER addressed to Judge Cathy Seibel from Jane R. Goldberg dated May 29, 2019 re: Plaintiffs' counsel's request for telephone access. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan.(Goldberg, Jane) (Entered: 05/29/2019)

May 29, 2019 PACER
45

LETTER addressed to Judge Cathy Seibel from Joshua Rosenthal dated 05/29/2019 re: ECF No. 44. Document filed by P. C., M. G., C. J., M. J., D. R., J. R..(Rosenthal, Joshua) (Entered: 05/29/2019)

May 29, 2019 PACER
46

MEMO ENDORSEMENT on re: 44 Letter, filed by Anthony J. Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, Anne Marie McGrath, Ann Marie T. Sullivan, New York State Office of Mental Health. ENDORSEMENT: The Court appreciates the reasons for the general rule, but in order to avoid undue delay in these proceedings and the unnecessary expenditure of counsel's time and resources, an exception just this once is warranted. Essentially for the reasons stated by Plaintiff's counsel, DOCCS is directed to allow Plaintiff's counsel one 30-minute legal call with M.G. and one with P.C. on May 30 or May 31. SO ORDERED. (Signed by Judge Cathy Seibel on 5/29/2019) (mml) (Entered: 05/29/2019)

May 29, 2019 PACER
47

FIRST AMENDED COMPLAINT amending 1 Complaint, against Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan.Document filed by D. R., C. J., P. C., M. G., M. J., J. R.. Related document: 1 Complaint,.(Landriscina, Elena) (Entered: 06/03/2019)

June 3, 2019 PACER
48

NOTICE OF APPEARANCE by Jamie Marie Noonan Witte on behalf of P. C., M. G., C. J., M. J., D. R., J. R.. (Witte, Jamie) (Entered: 07/09/2019)

July 9, 2019 PACER
49

NOTICE OF APPEARANCE by Lane B. Zuraw on behalf of P. C., M. G., C. J., M. J., D. R., J. R.. (Zuraw, Lane) (Entered: 07/09/2019)

July 9, 2019 PACER
50

LETTER addressed to Judge Cathy Seibel from Jane R. Goldberg dated July 26, 2019 re: Defendants' Motion to Dismiss. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan.(Goldberg, Jane) (Entered: 07/26/2019)

July 26, 2019 PACER
51

LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Cathy Seibel from Elena Landriscina dated 08/02/2019. Document filed by P. C., M. G., C. J., M. J., D. R., J. R.. (Attachments: # 1 Exhibit Discovery Requests and Correspondence)(Landriscina, Elena) (Entered: 08/02/2019)

1 Exhibit Discovery Requests and Correspondence

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Aug. 2, 2019 PACER
52

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 Lisa Margaret Smith. Motions referred to Lisa Margaret Smith. (Signed by Judge Cathy Seibel on 8/2/2019) (mml) (Entered: 08/02/2019)

Aug. 2, 2019 PACER
53

ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes. (As further set forth herein.) (Signed by Magistrate Judge Lisa Margaret Smith on 8/5/2019) (jca) (Entered: 08/05/2019)

Aug. 5, 2019 PACER
54

SCHEDULING NOTICE granting 51 Letter Motion for Local Rule 37.2 Conference. The matter of M.G., et al. v. Cuomo, et al., 19-cv-639 (CS) (LMS), has been scheduled for an in-person status conference before the Hon. Lisa Margaret Smith, United States Magistrate Judge, on Friday, August 9, 2019, at 2:30 p.m., in Courtroom 520. Please note: counsel seeking to reschedule an appearance must have all parties on the line prior to contacting chambers. SO ORDERED. (Status Conference set for 8/9/2019 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Signed by Magistrate Judge Lisa Margaret Smith on 8/5/2019) (jca) (Entered: 08/05/2019)

Aug. 5, 2019 PACER
55

LETTER addressed to Magistrate Judge Lisa M. Smith from Jane R. Goldberg dated Aug. 6, 2019 re: response to Plaintiffs' letter motion. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan.(Goldberg, Jane) (Entered: 08/06/2019)

Aug. 6, 2019 PACER

Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 8/9/2019. Elena M. Landriscina, Emily A. Vance, Robert M. Quackenbush, and Joshua M. Rosenthal appearing in person on behalf of Plaintiffs. Jane R. Goldberg appearing in person on behalf of Defendants. Opposition and reply to the motion to dismiss is stayed pending the next conference. Adjourned to August 20, 2019, at 3:00 PM for a telephonic status conference. (Status Conference set for 8/20/2019 at 03:00 PM before Magistrate Judge Lisa Margaret Smith.). (Court Reporter Courtflow) (mde)

Aug. 9, 2019 PACER
56

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference addressed to Magistrate Judge Lisa M. Smith from Jane R. Goldberg dated Aug. 19, 2019. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan.(Goldberg, Jane) Modified on 10/31/2019 (db). (Entered: 08/19/2019)

Aug. 19, 2019 PACER

Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 8/20/2019. Joshua Vogel, Betsy Sterling, Veronica Vela, Lane Zuraw, Jamie Witte, and Emily Vance appearing by telephone on behalf of Plaintiffs. Jane Goldberg and Joshua Applebaum appearing by telephone on behalf of Defendants. Discovery issues addressed on the record; see transcript. Opposition to Defendants' motion to dismiss is stayed pending the next conference. Adjourned to September 10, 2019, at 3:00 PM for a telephonic status conference. (Status Conference set for 9/10/2019 at 03:00 PM before Magistrate Judge Lisa Margaret Smith.). (Court Reporter Courtflow) (mde)

Aug. 20, 2019 PACER
57

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a telephone conference proceeding held on 08/20/2019 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(O'Donnell, Angela) (Entered: 09/02/2019)

Sept. 2, 2019 PACER
58

TRANSCRIPT of Proceedings re: telephone conference held on 8/20/2019 before Magistrate Judge Lisa M. Smith. Court Reporter/Transcriber: Angela O*Donnell, (914) 390-4025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/23/2019. Redacted Transcript Deadline set for 10/3/2019. Release of Transcript Restriction set for 12/2/2019.(O'Donnell, Angela) (Entered: 09/02/2019)

Sept. 2, 2019 PACER
59

LETTER addressed to Magistrate Judge Lisa M. Smith from Elena Landriscina dated September 9, 2019 re: September 10, 2019 Court Conference. Document filed by P. C., M. G., C. J., M. J., D. R., J. R..(Landriscina, Elena) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
60

LETTER addressed to Magistrate Judge Lisa M. Smith from Jane R. Goldberg dated Sept. 10, 2019 re: Response to Plaintiffs' Status Report. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan.(Goldberg, Jane) (Entered: 09/10/2019)

Sept. 10, 2019 PACER

Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 9/10/2019. Betsy C. Sterling, Veronica Vela, Lane B. Zuraw, Emily A. Vance, Stefen R. Short, Robert M. Quackenbush, Elena M. Landriscina, and Joshua M. Rosenthal appearing by telephone on behalf of Plaintiffs. Jane R. Goldberg and Jeb Harben appearing by telephone on behalf of Defendants. Discovery issues resolved on the record; see transcript. Defendants must complete discovery responsive to Requests for Production ## 7 and 12 as identified by Plaintiffs as having been generated on or before July 26, 2019, by 9/30/2019. Defendants must complete discovery responsive to Annucci Interrogatories ## 3 and 4, and Sullivan Interrogatory # 4, by 10/2/2019. Defendants must complete discovery responsive to Requests for Production ## 14, and 21-23, by October 15, 2019. Plaintiffs must serve its opposition to Defendants' motion to dismiss by 11/8/2019. Defendants must serve its reply by 11/22/2019. Adjourned to October 11, 2019, at 2:15 PM, for a telephonic status conference. (Status Conference set for 10/11/2019 at 02:15 PM before Magistrate Judge Lisa Margaret Smith.). (ESL)

Sept. 10, 2019 PACER
61

LETTER MOTION for Extension of Time to produce privilege log addressed to Magistrate Judge Lisa M. Smith from Jane R. Goldberg dated Sept. 17, 2019. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan.(Goldberg, Jane) (Entered: 09/17/2019)

Sept. 17, 2019 PACER
62

ORDER granting 61 Letter Motion for Extension of Time to finalize production of privilege log, to October 18, 2019. (HEREBY ORDERED by Magistrate Judge Lisa Margaret Smith)(Text Only Order) (Smith, Lisa) (Entered: 09/24/2019)

Sept. 24, 2019 PACER

Order on Motion for Extension of Time

Sept. 24, 2019 PACER
63

LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Lisa M. Smith from Jeb Harben dated 9/30/19. Document filed by Anthony J. Annucci.(Harben, Jeb) (Entered: 09/30/2019)

Sept. 30, 2019 PACER

Order on Motion for Extension of Time to Complete Discovery

Sept. 30, 2019 PACER
64

ORDER granting 63 Letter Motion for Extension of Time to Complete Discovery, document production as previously ordered to be completed no later than October 7, 2019. (HEREBY ORDERED by Magistrate Judge Lisa Margaret Smith)(Text Only Order) (Smith, Lisa) (Entered: 09/30/2019)

Sept. 30, 2019 PACER
65

LETTER MOTION for Extension of Time to Complete Discovery of priority document requests addressed to Magistrate Judge Lisa M. Smith from Jane R. Goldberg dated Oct. 10, 2019. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan.(Goldberg, Jane) (Entered: 10/10/2019)

Oct. 10, 2019 PACER

Order on Motion for Extension of Time to Complete Discovery

Oct. 10, 2019 PACER
66

ORDER granting 65 Letter Motion for Extension of Time to Complete Discovery; date for D to complete production of documents is extended to 10/22/19; date for D to produce privilege log extended to 10/25; Defendants shall continue to provide discovery on a rolling basis until 10/22. P's opposition to D's motion to dismiss is now due 11/18/19, D's reply due 12/2/19. (HEREBY ORDERED by Magistrate Judge Lisa Margaret Smith)(Text Only Order) (Smith, Lisa) (Entered: 10/10/2019)

Oct. 10, 2019 PACER

Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 10/11/2019. Veronica Vela, Emily A. Vance, Stefen R. Short, Elena M. Landriscina, and Joshua M. Rosenthal appearing by telephone on behalf of Plaintiffs. Jane R. Goldberg and Jeb Harben appearing by telephone on behalf of Defendants. Adjourned to November 6, 2019, at 3:30 PM for a telephonic status conference. (Status Conference set for 11/6/2019 at 03:30 PM before Magistrate Judge Lisa Margaret Smith) (Court Reporter: Courtflow) (ESL)

Oct. 11, 2019 PACER

Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 11/6/2019. Veronica Vela, Betsy C. Sterling, Elena M. Landriscina, Devon Schwartz, and Joshua M. Rosenthal appearing by telephone on behalf of Plaintiffs. Jane R. Goldberg, Jeb Harben, and Aaron Sansolo appearing by telephone on behalf of Defendants. Discovery continued, pending a deadline on the motion. Depositions stayed, pending the next status conference. Adjourned to December 23, 2019, at 3:30 PM for a telephonic status conference. (Status Conference set for 12/23/2019 at 03:30 PM before Magistrate Judge Lisa Margaret Smith) (Court Reporter: Courtflow) (ESL)

Nov. 6, 2019 PACER
67

LETTER MOTION for Leave to File Excess Pages addressed to Judge Cathy Seibel from Elena Landriscina dated 11/07/2019. Document filed by P. C., M. G., C. J., M. J., D. R., J. R..(Landriscina, Elena) (Entered: 11/07/2019)

Nov. 7, 2019 PACER

Order on Motion for Leave to File Excess Pages

Nov. 7, 2019 PACER
68

ORDER granting 67 Letter Motion for Leave to File Excess Pages: Plaintiffs may have 5 extra pages for their opposition brief, and Defendants may have 5 extra pages for their reply brief. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 11/07/2019)

Nov. 7, 2019 PACER
69

LETTER MOTION for Extension of Time to meet and confer addressed to Magistrate Judge Lisa M. Smith from Jane R Goldberg dated November 8, 2019. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan.(Goldberg, Jane) (Entered: 11/08/2019)

Nov. 8, 2019 PACER
70

ORDER granting 69 Letter Motion for Extension of Time: SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 11/12/2019) (jwh) (Entered: 11/12/2019)

Nov. 12, 2019 PACER
71

LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Cathy Seibel from Jane R. Goldberg and Jeb Harben dated November 20, 2019. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan.(Goldberg, Jane) (Entered: 11/20/2019)

Nov. 20, 2019 PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 20, 2019 PACER
72

LETTER RESPONSE to Motion addressed to Judge Cathy Seibel from Joshua Rosenthal dated 11/20/2019 re: 71 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Cathy Seibel from Jane R. Goldberg and Jeb Harben dated November 20, 2019. . Document filed by P. C., M. G., C. J., M. J., D. R., J. R.. (Rosenthal, Joshua) (Entered: 11/20/2019)

Nov. 20, 2019 PACER
73

ORDER granting in part and denying in part 71 Letter Motion for Extension of Time to File Response/Reply: Reply due 12/16/19. No further extensions. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 11/20/2019)

Nov. 20, 2019 PACER
74

PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by P. C., M. G., C. J., M. J., D. R., J. R.. (Zuraw, Lane) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
75

NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, upon my annexed declaration, and subject to the approval of the Court, I hereby withdraw as counsel for Plaintiffs and shall be removed from the Case Management/Electronic Case Files (CM/ECF) notification list in the above-captioned matter. My colleagues Walter Ricciardi and Emily Vance - both from Paul, Weiss, Rifkind, Wharton & Garrison LLP - will continue to represent Plaintiffs in this proceeding. Attorney Lane B. Zuraw terminated. (Signed by Judge Cathy Seibel on 11/21/2019) (mml) (Entered: 11/21/2019)

Nov. 21, 2019 RECAP
76

NOTICE AND ORDER FOR WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, upon my annexed declaration, and subject to the approval of the Court, I hereby withdraw as counsel for Plaintiffs and shall be removed from the Case Management/Electronic Case Files (CM/ECF) notification list in the above-captioned matter. My colleagues Walter Ricciardi and Emily Vance - both from Paul, Weiss, Rifkind, Wharton & Garrison LLP - will continue to represent Plaintiffs in this proceeding. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 11/21/2019) (rj) (Entered: 11/22/2019)

Nov. 22, 2019 RECAP
77

CONSENT LETTER MOTION to Seal Document addressed to Judge Cathy Seibel from Walter Ricciardi dated December 10, 2019. Document filed by P. C., M. G., C. J., M. J., D. R., J. R..(Ricciardi, Walter) (Entered: 12/10/2019)

Dec. 10, 2019 PACER

Order on Motion to Seal Document

Dec. 10, 2019 PACER
78

ORDER granting 77 Motion to Seal Document: The specified exhibits may be filed under seal, and the specified declaration may be filed in redacted form, essentially for the reasons articulated by counsel. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 12/10/2019)

Dec. 10, 2019 PACER
79

MOTION to Dismiss the First Amended Class Action Complaint. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan.(Goldberg, Jane) (Entered: 12/16/2019)

Dec. 16, 2019 PACER
80

MEMORANDUM OF LAW in Support re: 79 MOTION to Dismiss the First Amended Class Action Complaint. . Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan. (Goldberg, Jane) (Entered: 12/16/2019)

Dec. 16, 2019 PACER
81

DECLARATION of Rachael Seguin in Support re: 79 MOTION to Dismiss the First Amended Class Action Complaint.. Document filed by Anthony J. Annucci, Andrew Cuomo, Anne Marie McGrath, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan. (Attachments: # 1 Exhibit)(Goldberg, Jane) (Entered: 12/16/2019)

1 Exhibit

View on PACER

Dec. 16, 2019 PACER

State / Territory: New York

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Jan. 23, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six indigent prison inmates with mental illness who are being held in prison past their release dates because of a shortage of community-based housing, on behalf of a class of people with serious mental illness whom the defendants hold in prisons past their release dates.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

New York, State

New York State (Albany, Albany), State

New York State Department of Corrections and Community Supervision (Albany, Albany), None

New York State Office of Mental Health (Albany, Albany), State

Defendant Type(s):

Hospital/Health Department

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to public accommodations - governmental

Confinement/isolation

Discharge & termination plans

Housing assistance

Over/Unlawful Detention

Placement in mental health facilities

Placement in shelters

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Schizophrenia

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run