Case: Scott v. Quay

1:19-cv-01075 | U.S. District Court for the Eastern District of New York

Filed Date: Feb. 22, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 22, 2019, two individuals who were in the custody of the Federal Bureau of Prisons (BOP) at the Metropolitan Detention Center (MDC), Brooklyn, New York brought a putative class action lawsuit against the warden of the Metropolitan Detention Center (MDC) in the U.S. District Court for the Eastern District of New York. The case was assigned to District Judge Margo K. Brodie. Suing under Bivens, the plaintiffs alleged that during the period from January 27, 2019, to February 3, 2019, M…

On February 22, 2019, two individuals who were in the custody of the Federal Bureau of Prisons (BOP) at the Metropolitan Detention Center (MDC), Brooklyn, New York brought a putative class action lawsuit against the warden of the Metropolitan Detention Center (MDC) in the U.S. District Court for the Eastern District of New York. The case was assigned to District Judge Margo K. Brodie.

Suing under Bivens, the plaintiffs alleged that during the period from January 27, 2019, to February 3, 2019, MDC was plunged into darkness and cold, and those incarcerated at the MDC were consequently subjected to unconstitutional and inhumane conditions that amounted to constitutional violations of the Fifth and Eighth Amendments. The plaintiffs alleged that due to there being no heat or light, those in custody were were in complete and near-complete lockdown in cells, had limited medical care, had infrequent showers and limited hot water, no exercise, no clean laundry, no commissary, no hot meals, no access to counsel, no email, and no family visits. These conditions, they argued, amounted to unlawful punishment for the pretrial detainees, and thus was in violation of the Fifth Amendment. Regarding the post-conviction detainees, the plaintiffs argued that by failing to act on the condition issues, MDC was deliberately indifferent to the plaintiffs’ degrading and inhuman conditions of confinement in violation of their Eighth Amendment right to be free from cruel and unusual punishment. Represented by private counsel and the civil rights clinic at Cardozo School of Law, the plaintiffs requested compensatory and punitive damages and attorneys' fees.

The plaintiffs filed their first amended complaint on November 15, 2019, adding the MDC facilities manager and the United States as defendants. Regarding the United States, the plaintiffs sued it under the Federal Tort Claims Act (FTCA) and requested damages for negligence.

On November 21, 2019, defendants sought an unopposed 45 day extension of their time allotted to file a motion to dismiss as well as a stay on discovery until then (which plaintiffs opposed). After a conference held on November 26, 2020, Judge Gold granted the extension and denied the stay. After continued discovery, the defendants filed a motion to dismiss for failure to state a claim and lack of jurisdiction on May 8, 2020.

Meanwhile, discovery continued and the parties litigated a protective order. On October 21, 2020, the court held an oral argument before Magistrate Judge Steven M. Gold on the defendants' motion to dismiss. Subsequently, on November 16, 2020, Judge Gold issued his report and recommendations on the motion to dismiss: he recommended that the motion be granted with respect to the Bivens claims against defendants warden and facilities manager and denied with respect to the FTCA claim brought against the United States. The United States filed a motion in opposition on December 7, 2020.

Meanwhile, the case was reassigned to Magistrate Judge Peggy Kuo and on February 16, 2021, it was reassigned to Judge Edward R. Korman. On March 22, 2021, Judge Korman adopted Judge Gold's report and recommendation on the motion to dismiss in its entirety. Discovery continued.

On March 22, 2022, Judge Korman announced that he was considering consolidating this case with related matters Haskins v. United States BOP, 19-cv-2568, and O'Neal v. United States, 19-cv-5039, with which this case shared common questions of law and fact. See Fed. R. Civ. P. 42. He additionally ordered that any party opposing consolidation was ordered to show cause why the actions should not be consolidated by April 2, 2021. Accordingly, on April 2, he consolidated the cases.

The plaintiff moved for class certification on May 6, 2021. The court granted that motion on May 25, defining the class as including "all those people who were confined in the Metropolitan Detention Center’s West Building from January 27, 2019 until February 3, 2019, and who have or will in the future have satisfied the exhaustion requirement imposed by [the Federal Tort Claims Act]."

Various discovery disputes proceeded. Meanwhile, the court adjudicated the plaintiffs’ request to stay the O’Neal case (19-cv-05039), with which this case had been consolidated. The court denied it on July 21, 2021 and permitted discovery in the O'Neal action to proceed simultaneously with the class discovery here.

The case is ongoing.

Summary Authors

Michael Beech (3/30/2019)

Alex Moody (5/26/2020)

Lily Sawyer-Kaplan (9/7/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14567079/parties/scott-v-united-states/


Judge(s)

Brodie, Margo Kitsy (New York)

Korman, Edward Robert (New York)

Kuo, Peggy (New York)

Attorneys(s) for Plaintiff

Ginsberg, Betsy R. (New York)

Katovich, Scout Katherine (New York)

Levitova, Sonya (New York)

Reinert, Alexander A. (New York)

Rosenfeld, Katherine (New York)

Wilson, O. Andrew F. (New York)

Attorneys(s) for Defendant

Donoghue, Richard P. (New York)

Judge(s)

Brodie, Margo Kitsy (New York)

Korman, Edward Robert (New York)

Kuo, Peggy (New York)

Attorneys(s) for Plaintiff

Ginsberg, Betsy R. (New York)

Katovich, Scout Katherine (New York)

Levitova, Sonya (New York)

Reinert, Alexander A. (New York)

Rosenfeld, Katherine (New York)

Wilson, O. Andrew F. (New York)

Attorneys(s) for Defendant

Donoghue, Richard P. (New York)

Eichenholtz, Seth D (New York)

Greene, Sean P (New York)

Priore, Shana C (New York)

Stamatelos, Paulina (New York)

Other Attorney(s)

Schlanger, Margo J. (Michigan)

Expert/Monitor/Master

Mahoney, Kathleen Anne (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 6, 2021 Docket
1

Class Action Complaint

Feb. 22, 2019 Complaint
29

Amended Class Action Complaint and Jury Demand

Nov. 15, 2019 Complaint
65, 65-1

Notice of Motion

May 8, 2020 Pleading / Motion / Brief
134

Memorandum & Order

338 F.R.D. 178

May 25, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14567079/scott-v-united-states/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Herman E. Quay filing fee $ 400, receipt number ANYEDC-11224177 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by David Scott, Jeremy Cerda. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons - Defendant Warden Herman E. Quay, # 3 Supplement - Related Case Statement) (Rosenfeld, Katherine) (Entered: 02/22/2019)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons - Defendant Warden Herman E. Quay

View on PACER

3 Supplement - Related Case Statement

View on PACER

Feb. 22, 2019 RECAP

Case Assigned to Judge Margo K. Brodie and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)

Feb. 22, 2019 PACER
2

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
3

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
4

Notice of Related Case (Davis, Kimberly) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
5

Summons Issued as to Herman E. Quay. (Davis, Kimberly) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
6

NOTICE of Appearance by O. Andrew F. Wilson on behalf of Jeremy Cerda, David Scott (aty to be noticed) (Wilson, O. Andrew) (Entered: 02/22/2019)

Feb. 22, 2019 PACER

Order Reassigning Case

March 5, 2019 PACER

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Steven M. Gold for all further proceedings. Magistrate Judge Lois Bloom no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 3/5/2019. (Bowens, Priscilla)

March 5, 2019 PACER
7

Third Party Motion filed by Olena Kalichenko and Antoanita Iotova to join the claim as class members. (Attachments: # 1 Mailing Envelope) (Piper, Francine) (Entered: 04/12/2019)

1 Mailing Envelope

View on PACER

April 11, 2019 PACER
8

SUMMONS Returned Executed by David Scott, Jeremy Cerda. Herman E. Quay served on 4/15/2019, answer due 5/6/2019. (Rosenfeld, Katherine) (Entered: 04/22/2019)

April 22, 2019 PACER

Status Report Order

May 23, 2019 PACER

STATUS REPORT ORDER: Counsel shall file a letter reporting on how he intends to proceed with the case by May 30, 2019. Ordered by Magistrate Judge Steven M. Gold on 5/23/2019. (Gillespie, Saudia)

May 23, 2019 PACER
9

Mail receipt (Wilson, O. Andrew) (Entered: 05/29/2019)

May 29, 2019 PACER
10

Letter to Magistrate Judge Steven M. Gold In Response to the Court's May 23, 2019 Order by Jeremy Cerda, David Scott (Rosenfeld, Katherine) (Entered: 05/30/2019)

May 30, 2019 PACER
11

SCHEDULING ORDER: An in-person initial conference will be held at 2:30 p.m. on September 13, 2019 before the undersigned in Courtroom 13-D South. Counsel for all parties must attend. Counsel for plaintiff are directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 5/31/2019. (Attachments: # 1 Chamber's Individual Rules) (Gillespie, Saudia) (Entered: 05/31/2019)

1 Chamber's Individual Rules

View on PACER

May 31, 2019 PACER
12

NOTICE of Appearance by Betsy R. Ginsberg on behalf of Jeremy Cerda (aty to be noticed) (Ginsberg, Betsy) (Entered: 07/19/2019)

July 19, 2019 PACER
13

NOTICE of Appearance by Alexander A. Reinert on behalf of Jeremy Cerda (aty to be noticed) (Reinert, Alexander) (Entered: 07/19/2019)

July 19, 2019 PACER
14

MOTION for pre motion conference in connection with defendant's anticipated motion to dismiss by Herman E. Quay. (Eichenholtz, Seth) (Entered: 07/23/2019)

July 23, 2019 PACER

ORDER re 14 MOTION for pre motion conference. Plaintiffs shall respond to defendant's 14 motion for pre-motion conference on or before July 31, 2019. Ordered by Judge Margo K. Brodie on 7/23/2019. (Morel, Christopher)

July 23, 2019 PACER
15

NOTICE of Appearance by Sean P. Greene on behalf of Herman E. Quay (aty to be noticed) (Greene, Sean) (Entered: 07/24/2019)

July 24, 2019 PACER

Order(Other)

July 24, 2019 PACER
16

Letter TO CLERK OF COURT, DOUGLAS C. PALMER; RE: REQUEST FOR PRO SE CASES TO BE DESIGNATED AS RELATED by Jeremy Cerda, David Scott (Rosenfeld, Katherine) (Entered: 07/26/2019)

July 26, 2019 PACER
17

Letter responding to and opposing in part plaintiffs' July 26 letter request to deem six other cases related to this matter by Herman E. Quay (Eichenholtz, Seth) (Entered: 07/30/2019)

July 30, 2019 PACER
18

Letter To: JUDGE BRODIE Re: OPPOSITION TO DEFENDANT QUAY'S REQUEST FOR A PRE-MOTION CONFERENCE TO DISMISS THE COMPLAINT. [ECF NO.14] by Jeremy Cerda, David Scott (Rosenfeld, Katherine) (Entered: 07/31/2019)

July 31, 2019 PACER
19

Letter TO: JUDGE BRODIE RE: OPPOSITION TO DEFENDANT QUAY'S REQUEST FOR A PRE-MOTION CONFERENCE TO DISMISS THE COMPLAINT. [ECF NO.14] *CORRECTED* by Jeremy Cerda, David Scott (Rosenfeld, Katherine) (Entered: 07/31/2019)

July 31, 2019 PACER

Order on Motion for Pre Motion Conference

Aug. 1, 2019 PACER

ORDER granting in part and denying in part 14 Motion for Pre Motion Conference. The Court denies defendants' request for a pre-motion conference. The parties shall confer and agree to a schedule pursuant to which plaintiffs will file an amended complaint and defendants, to the extent they still seek to move to dismiss the amended complaint, would move to dismiss. Ordered by Judge Margo K. Brodie on 8/1/2019. (Morel, Christopher)

Aug. 1, 2019 PACER
20

NOTICE of Appearance by Alexander A. Reinert on behalf of David Scott (aty to be noticed) (Reinert, Alexander) (Entered: 08/06/2019)

Aug. 6, 2019 PACER
21

Letter TO JUDGE BRODIE re: JOINT PROPOSED SCHEDULE by Jeremy Cerda, David Scott (Rosenfeld, Katherine) (Entered: 08/08/2019)

Aug. 8, 2019 PACER

Order(Other)

Aug. 8, 2019 PACER

ORDER re 21 Letter. The Court adopts the parties' proposed briefing schedule: plaintiffs shall file their amended complaint on or before November 15, 2019; defendants motion to dismiss, if any, shall be served on or before December 16, 2019; plaintiffs' opposition shall be served on or before January 24, 2020; and defendants' reply, if any, shall be filed on or before February 12, 2020. Ordered by Judge Margo K. Brodie on 8/8/2019. (Morel, Christopher)

Aug. 8, 2019 PACER
22

MOTION to Adjourn Conference from September 13 until a date after November 15, plaintiffs' deadline to amend the complaint by Herman E. Quay. (Eichenholtz, Seth) (Entered: 09/05/2019)

Sept. 5, 2019 PACER
23

RESPONSE in Opposition re 22 MOTION to Adjourn Conference from September 13 until a date after November 15, plaintiffs' deadline to amend the complaint filed by Jeremy Cerda, David Scott. (Rosenfeld, Katherine) (Entered: 09/09/2019)

Sept. 9, 2019 PACER

Order on Motion to Adjourn Conference

Sept. 9, 2019 PACER

ORDER: Denying 22 Motion to Adjourn Conference. The in-person initial conference previously set for September 13, 2019 at 2:30 p.m. will proceed as scheduled. Ordered by Magistrate Judge Steven M. Gold on 9/9/2019. (Gillespie, Saudia)

Sept. 9, 2019 PACER
24

Letter Advising Court that Defendant Intends to Seek a Stay of Discovery at the Initial Conference by Herman E. Quay (Greene, Sean) (Entered: 09/12/2019)

Sept. 12, 2019 PACER
25

Letter to Douglas C. Palmer, Clerk of the Court, to Inquire as to the Status of Plaintiffs' Request for Pro Se Cases to be Designated as Related by Jeremy Cerda, David Scott (Rosenfeld, Katherine) (Entered: 09/12/2019)

Sept. 12, 2019 PACER
26

Minute Entry: Initial Conference Hearing held on 9/13/2019 before Magistrate Judge Steven M. Gold. Rosenfeld, Reinert and others for plaintiffs, Eichenholtz and Greene for defendant. For the reasons stated on the record, defendant will not be required to respond to discovery demands until after plaintiffs' anticipated amended complaint is filed and a schedule is set at an initial conference. THE COURT WILL HOLD AN INITIAL CONFERENCE AT 4:00 PM ON NOVEMBER 25, 2019. Counsel shall submit a letter, jointly if feasible, identifying any matters in dispute they intend to raise at the conference by November 20, 2019. (FTR Log #2:35-3:19.) (Gillespie, Saudia) (Main Document 26 replaced on 9/16/2019) (Gillespie, Saudia). Modified on 9/17/2019 (Hong, Loan). (Entered: 09/16/2019)

Sept. 16, 2019 PACER
27

TRANSCRIPT of Proceedings held on September 13, 2019, before Judge Gold. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/7/2019. Redacted Transcript Deadline set for 11/18/2019. Release of Transcript Restriction set for 1/15/2020. (Hong, Loan) (Entered: 10/17/2019)

Oct. 17, 2019 PACER

Scheduling Order

Nov. 4, 2019 PACER

SCHEDULING ORDER: Due to a scheduling conflict, the initial conference previously scheduled for November 25, 2019 is adjourned to November 26, 2019 at 11:30 a.m. in Courtroom 13D South before the undersigned. Counsel for all parties must attend. Counsel for plaintiffs is directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 11/4/2019. (Gillespie, Saudia)

Nov. 4, 2019 PACER
28

NOTICE of Appearance by Scout Katovich on behalf of Jeremy Cerda, David Scott (aty to be noticed) (Katovich, Scout) (Entered: 11/05/2019)

Nov. 5, 2019 PACER
29

AMENDED COMPLAINT against Former Warden Herman E. Quay, John Maffeo, The United States of America, filed by David Scott, Jeremy Cerda, Osman Ak, Merudh Patel, Larry Williams, Gregory Hardy. (Rosenfeld, Katherine) Modified on 11/18/2019 to correct Defendants name (Piper, Francine). (Entered: 11/15/2019)

Nov. 15, 2019 PACER
30

Proposed Summons. Re 29 Amended Complaint by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Rosenfeld, Katherine) (Entered: 11/15/2019)

Nov. 15, 2019 PACER
31

Proposed Summons. Re 29 Amended Complaint by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Rosenfeld, Katherine) (Entered: 11/15/2019)

Nov. 15, 2019 PACER
32

Proposed Summons. Re 29 Amended Complaint by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Rosenfeld, Katherine) (Entered: 11/15/2019)

Nov. 15, 2019 PACER
33

Summons Issued as to John Maffeo, Herman E. Quay, The United States of America, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Former Warden Summons, # 2 Facilities Manager Summons) (Piper, Francine) (Entered: 11/18/2019)

1 Former Warden Summons

View on PACER

2 Facilities Manager Summons

View on PACER

Nov. 18, 2019 PACER
34

Letter Joint Status Letter by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Katovich, Scout) (Entered: 11/20/2019)

Nov. 20, 2019 PACER
35

Letter advising the Court that at the upcoming status conference, defendants intend to seek a 45 day extension of their time to file a motion to dismiss (which plaintiffs do not oppose) and a continued stay of discovery (which plaintiffs do oppose), along with the reasons for both requests by Herman E. Quay, The United States of America (Eichenholtz, Seth) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
36

NOTICE by Osman Ak, Gregory Hardy, Merudh Patel, Larry Williams Law Student Appearance Forms (Attachments: # 1 Law Student Appearance Forms for Alexander Hunter, # 2 Law Student Appearance Forms for Gabriella Javaheri) (Ginsberg, Betsy) (Entered: 11/22/2019)

1 Law Student Appearance Forms for Alexander Hunter

View on PACER

2 Law Student Appearance Forms for Gabriella Javaheri

View on PACER

Nov. 22, 2019 PACER
37

SUMMONS Returned Executed by Larry Williams, Jeremy Cerda, Osman Ak, Merudh Patel, David Scott, Gregory Hardy. John Maffeo served on 11/21/2019, answer due 12/12/2019. (Rosenfeld, Katherine) (Entered: 11/22/2019)

Nov. 22, 2019 PACER
38

Letter

Nov. 25, 2019 PACER
39

Letter in response to Defendants' Nov. 21 Request for Stay of Discovery by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Ginsberg, Betsy) (Entered: 11/25/2019)

Nov. 25, 2019 RECAP
40

ORDER re 36 Notice(Other), filed by Osman Ak, Merudh Patel, Larry Williams, Gregory Hardy. The law student appearance applications are approved. Ordered by Magistrate Judge Steven M. Gold on 11/26/2019. (Gold, Steven) (Entered: 11/26/2019)

Nov. 26, 2019 PACER
41

Minute Entry: Initial Conference Hearing held on 11/26/2019 before Magistrate Judge Steven M. Gold. Ginsberg, Katovich, Wilson, and Hunter (law student) for plaintiffs; Eichenholtz and Greene for defendants. Defendants' application to defer discovery until after their anticipated motion to dismiss is decided, or at a minimum briefed, is denied. That said, counsel for both sides expect that they will work together cooperatively and accommodate reasonable requests for extensions of time. Rule 26(a)(1) disclosures will be made by December 9, and interrogatories and document demands may be served by December 20, 2019. Counsel for plaintiffs will submit a letter identifying other pending cases that might arguably be related to this one and the status of each. THE COURT WILL HOLD A FURTHER CONFERENCE AT 10:00 AM ON FEBRUARY 13, 2020. If counsel anticipate raising substantive disputes, they shall identify them in letters filed by February 7, with responses due by February 11, 2020. (FTR Log #11:30-11:59.) (Gillespie, Saudia) (Entered: 11/27/2019)

Nov. 26, 2019 PACER
42

SUMMONS Returned Executed by Larry Williams, Jeremy Cerda, Osman Ak, Merudh Patel, David Scott, Gregory Hardy. The United States of America served on 11/22/2019, answer due 1/21/2020. (Attachments: # 1 Exhibit A - Affidavit of Service, # 2 Exhibit B - Certified Mail and Return Receipt) (Rosenfeld, Katherine) (Entered: 12/04/2019)

1 Exhibit A - Affidavit of Service

View on RECAP

2 Exhibit B - Certified Mail and Return Receipt

View on PACER

Dec. 4, 2019 RECAP
43

Consent MOTION for Extension of Time to File Defendants' Anticipated Motion to Dismiss the Amended Complaint by Herman E. Quay, The United States of America. (Greene, Sean) (Entered: 12/04/2019)

Dec. 4, 2019 PACER

Order on Motion for Extension of Time to File

Dec. 5, 2019 PACER

ORDER: Granting 43 Motion for Extension of Time to File. The time for defendants to serve their anticipated motion to dismiss is extended to January 30, 2020. Ordered by Magistrate Judge Steven M. Gold on 12/5/2019. (Gillespie, Saudia)

Dec. 5, 2019 PACER
44

NOTICE of Appearance by Shana C. Priore on behalf of Herman E. Quay, Herman E. Quay, The United States of America (aty to be noticed) (Priore, Shana) (Entered: 12/05/2019)

Dec. 5, 2019 PACER
45

Letter Regarding Status of Related Cases by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Ginsberg, Betsy) (Entered: 12/10/2019)

Dec. 10, 2019 RECAP
46

Consent MOTION for Extension of Time to File Defendants' Motion to Dismiss the Amended Complaint by John Maffeo, Herman E. Quay, Herman E. Quay, The United States of America. (Greene, Sean) (Entered: 01/23/2020)

Jan. 23, 2020 PACER
47

Supplemental MOTION for Extension of Time to File Defendants' Motion to Dismiss the Amended Complaint and for Approval of the Proposed Amended Briefing Schedule (Supplementing Dkt. No. 46) by Herman E. Quay, Herman E. Quay, The United States of America. (Greene, Sean) (Entered: 01/23/2020)

Jan. 23, 2020 PACER

Order on Motion for Extension of Time to File

Jan. 24, 2020 PACER

Status Report Order

Jan. 24, 2020 PACER

ORDER: Terminating 46 Motion for Extension of Time to File. Granting 47 Supplemental Motion for Extension of Time to File. Defendant shall file their motion to dismiss by February 13, 2020, plaintiff shall file their reply by March 31, 2020, defendants shall file their reply by April 21, 2020. Ordered by Magistrate Judge Steven M. Gold on 1/24/2020. (Gillespie, Saudia)

Jan. 24, 2020 PACER

STATUS REPORT ORDER: Counsel shall submit a letter by January 31, 2020, indicating whether they seek to proceed with the conference on February 13, 2020 and, if so, the matter they intend to raise at that time. Ordered by Magistrate Judge Steven M. Gold on 1/24/2020. (Gillespie, Saudia)

Jan. 24, 2020 PACER
48

STATUS REPORT and request to adjourn the February 13 status conference by Herman E. Quay, The United States of America (Eichenholtz, Seth) Modified to add motion on 1/31/2020 (Gillespie, Saudia). (Entered: 01/30/2020)

Jan. 30, 2020 PACER

Order on Motion to Adjourn Conference

Jan. 31, 2020 PACER

ORDER: Granting 48 Status Report/Motion to Adjourn Conference. The status conference previously scheduled for February 13, 2020 is adjourned to March 9, 2020 at 10:00 a.m. in Courtroom 13D South before the undersigned. If counsel anticipate raising substantive disputes, they shall identify them in letters filed by March 3, 2020, with responses due by March 6, 2020. Ordered by Magistrate Judge Steven M. Gold on 1/31/2020. (Gillespie, Saudia)

Jan. 31, 2020 PACER
49

MOTION for Leave to File Excess Pages in Connection with Defendants' Memorandum of Law in Support of Their Anticipated Motion to Dismiss by John Maffeo, Herman E. Quay, The United States of America. (Greene, Sean) (Entered: 02/05/2020)

Feb. 5, 2020 PACER

ORDER granting 49 Motion for Leave to File Excess Pages. The Court grants defendants leave to file excess pages. Defendants' memorandum shall not exceed thirty-three (33) pages in length. Ordered by Judge Margo K. Brodie on 2/6/2020. (Johnson, Alexsis)

Feb. 6, 2020 PACER

Order on Motion for Leave to File Excess Pages

Feb. 7, 2020 PACER
50

Letter to Plaintiffs Enclosing Defendants' Motion to Dismiss the Amended Complaint by John Maffeo, Herman E. Quay, The United States of America (Greene, Sean) (Entered: 02/13/2020)

Feb. 13, 2020 RECAP
51

TRANSCRIPT of Proceedings held on November 26, 2019, before Judge Gold. Court Transcriber: Transcription Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/24/2020. Redacted Transcript Deadline set for 4/3/2020. Release of Transcript Restriction set for 6/1/2020. (Rocco, Christine) (Entered: 03/03/2020)

March 3, 2020 PACER
52

Letter Pre-Conference Letter Identifying Substantive Disputes by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Attachments: # 1 Exhibit A - OIG Report) (Katovich, Scout) (Entered: 03/03/2020)

1 Exhibit A - OIG Report

View on PACER

March 3, 2020 PACER
53

Letter responding to plaintiffs' March 3 letter setting forth issues to be addressed at the March 9 status conference by John Maffeo, Herman E. Quay, The United States of America (Eichenholtz, Seth) (Entered: 03/06/2020)

March 6, 2020 PACER

Status Conference

March 9, 2020 PACER

Minute Entry: Status Conference held on 3/9/2020 before Magistrate Judge Steven M. Gold. Katherine Rosenfeld and Scout Katovich of Emery, Celli, Brinckerhoff & Abady, LLP, Betsy Ginsberg and law students Alexander Hunter and Gabriella Javaheri of Benjamin N. Cardozo School appearing on behalf of plaintiffs in Scott et al v. Quay, 19-cv-01075; pro se plaintiff did not appear in Saeed v. Quay, 19-cv-02134; pro se plaintiff Roberto Alicea appearing by telephone in Alicea v. Quay et al., 19-cv-02135; Amy Beth Marion appearing on behalf of plaintiff in ONeal et al v. United States of America et al., 19-CV-5039. Seth D. Eichenholtz, Sean Greene, and Shana Priore appearing on behalf of the Government; Holly Pratesi, BOP agency counsel, appearing with defendants.In ONeal v. United States, plaintiff may file an amended complaint by Friday, March 13, 2020 to clarify which claims are brought under the FTCA. By that same date, counsel shall submit a proposed schedule for submission of defendants anticipated premotion conference application seeking leave to move to dismiss.In Scott et al v. Quay, various discovery matters were addressed. The parties are directed to use their best efforts to resolve the remaining discovery matters in dispute and to inform the Court by Friday, March 13, 2020 whether they seek an additional conference on March 18, 2020 at 10:30 a.m. to resolve any disputes that remain outstanding. In addition, (1)Defendants shall disclose staffing level information for the blackout time period at issue. Once plaintiffs execute a confidentiality agreement, defendants shall disclose rosters of employees with responsibility for custody within one week and remaining staffing information within three weeks. (2) Regarding communications by BOP employees during the blackout period at issue, the parties will confer on search terms to narrow the scope of the disclosures demanded by plaintiffs. Defendants represent that emails are archived for 7 years and thus, if the need arises at a later stage of the case, a second search may be conducted fairly easily. (3) Defendants shall determine which detainees who were at MDC and subjected to the conditions of confinement at issue at any point during the relevant blackout period are currently in federal and provide plaintiffs a list of those inmates names and register numbers. Defendants shall submit a letter informing plaintiffs how long it will take to produce that information by Friday, March 13, 2020. Defendants shall also inform plaintiffs of the nature of the record-keeping of addresses of detainees who have since been released from federal custody. (4) Defendants shall produce documents relied upon in producing the OIG report and the BOP report. Defendants may provide a privilege log to the extent they withhold those documents on privilege grounds. (FTR Log #1:18-10:34.) (Gillespie, Saudia)

March 9, 2020 PACER
54

Consent MOTION for Extension of Time to File report to Court on outstanding discovery disputes and for defendants to respond to plaintiffs regarding certain discovery issues by John Maffeo, Herman E. Quay, The United States of America. (Eichenholtz, Seth) (Entered: 03/12/2020)

March 12, 2020 PACER

Order on Motion for Extension of Time to File

March 13, 2020 PACER

~Util - Set Hearings

March 13, 2020 PACER

ORDER: Granting 54 Motion for Extension of Time to File. The time for defendants to submit a letter providing plaintiffs with information regarding the custody status of inmates at MDC, discovery issues, and for the parties to report any remaining disputes is extended to March 27, 2020. The status conference previously scheduled for March 18, 2020 is adjourned to April 14, 2020 at 2:30 p.m. in Courtroom 13D South before the undersigned. Counsel for all parties must attend. Counsel for plaintiffs are directed to immediately confirm this conference date and time with defendants' counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 3/13/2020. (Gillespie, Saudia)

March 13, 2020 PACER
55

TRANSCRIPT of Proceedings held on March 9, 2020, before Judge Gold. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/10/2020. Redacted Transcript Deadline set for 4/20/2020. Release of Transcript Restriction set for 6/18/2020. (Hong, Loan) (Entered: 03/20/2020)

March 20, 2020 PACER
56

MOTION for Extension of Time to File Opposition to Defs' Motion to Dismiss and Request to File Brief of Equal Number of Pages to Defendants, MOTION for Extension of Time to File Response/Reply as to 50 Letter by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott. (Ginsberg, Betsy) (Entered: 03/23/2020)

March 23, 2020 PACER
57

Second MOTION for Extension of Time to Complete Discovery regarding certain discovery issues by John Maffeo, Herman E. Quay, The United States of America. (Eichenholtz, Seth) (Entered: 03/25/2020)

March 25, 2020 PACER

Order on Motion for Extension of Time to Complete Discovery

March 25, 2020 PACER

Order on Motion for Extension of Time to File

March 25, 2020 PACER

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

March 25, 2020 PACER

ORDER granting 56 Motion for Extension of Time to File to April 14, 2020; granting 56 Motion for Extension of Time to File Response/Reply to May 5, 2020. Ordered by Magistrate Judge Steven M. Gold on 3/25/2020. (Gold, Steven)

March 25, 2020 PACER

ORDER granting 57 Motion for Extension of Time to Complete Discovery Discovery due by 4/10/2020.Ordered by Magistrate Judge Steven M. Gold on 3/25/2020. (Gold, Steven)

March 25, 2020 PACER
58

NOTICE of Appearance by Kathleen Anne Mahoney on behalf of All Defendants (aty to be noticed) (Mahoney, Kathleen) (Entered: 04/07/2020)

April 7, 2020 PACER

Scheduling Order

April 10, 2020 PACER

1 - Terminate Hearings

April 10, 2020 PACER

RE-SCHEDULING ORDER: The in-person status conference previously scheduled for April 14, 2020 at 2:30 p.m. is CONVERTED to a TELEPHONIC-STATUS CONFERENCE. Each party is directed to call the following conference number: 877-336-1839, and use access code 3482793. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 4/10/2020. (Gillespie, Saudia)

April 10, 2020 PACER
59

STATUS REPORT regarding the status of discovery by John Maffeo, Herman E. Quay, The United States of America (Priore, Shana) (Entered: 04/10/2020)

April 10, 2020 PACER
60

Letter to Defendants Enclosing Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss the Amended Complaint by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Katovich, Scout) (Entered: 04/14/2020)

April 14, 2020 PACER
61

In 19cv1075, Katovich, Rosenfeld, Wilson, Hunter and Reinert for plaintiffs; Eichenholtz, Mahoney, Greene and Priore, with Nash, for defendants. In 19cv2134, Priore for defendants. In 19cv2135, Greene for defendants. In 19cv5039, Kelton for plaintiffs and Priore for defendants. Mr. Alicea, plaintiff in 19cv2135, will submit his opposition to defendants' motion to dismiss no later than 30 days after the motion to dismiss in 19cv1075 is filed. The parties in 19cv1075 report that they have agreed to the terms of a protective order. Defendants in that matter will respond to plaintiffs' proposed ESI search terms by April 16, 2020. Counsel in 19cv5039 expect to agree that, once plaintiffs serve demands and agree to a protective order, discovery similar to that which is expected to be provided by defendants in 19cv1075 will be produced by defendants in 19cv5039. THE COURT WILL HOLD A FURTHER TELEPHONE CONFERENCE AT 2:00 PM ON MAY 26, 2020. Counsel will submit a letter reporting on the parties progress in discovery and identifying any disputes they expect to raise at the conference by May 21, 2020. (FTR Log #2:30-3:00.) (Gillespie, Saudia) (Entered: 04/14/2020)

April 14, 2020 PACER
62

Letter to Honorable Steven M. Gold enclosing proposed Stipulation and Order for the Protection of Materials and Information by The United States of America (Attachments: # 1 Proposed Order) (Mahoney, Kathleen) Modified to add motion on 4/15/2020 (Gillespie, Saudia). (Entered: 04/15/2020)

1 Proposed Order

View on RECAP

April 15, 2020 PACER

State / Territory: New York

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Feb. 22, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

"[A] class consisting of all those people who were confined in the Metropolitan Detention Center’s West Building from January 27, 2019 until February 3, 2019, and who have or will in the future have satisfied the exhaustion requirement imposed by 28 U.S.C. § 2675."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Warden (Brooklyn, Kings), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Bathing and hygiene

Conditions of confinement

Personal injury

Recreation / Exercise

Sanitation / living conditions

Totality of conditions

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Medication, administration of

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run