6
|
NOTICE of Appearance by O. Andrew F. Wilson on behalf of Jeremy Cerda, David Scott (aty to be noticed) (Wilson, O. Andrew)
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Feb. 22, 2019
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Feb. 22, 2019
PACER
|
5
|
Summons Issued as to Herman E. Quay. (Davis, Kimberly)
|
Feb. 22, 2019
|
Feb. 22, 2019
PACER
|
4
|
Notice of Related Case (Davis, Kimberly)
|
Feb. 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)
|
Feb. 22, 2019
|
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)
|
Feb. 22, 2019
|
Feb. 22, 2019
PACER
|
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)
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
|
Feb. 22, 2019
Clearinghouse
|
|
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
|
Feb. 22, 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
|
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)
1 Mailing Envelope
View on PACER
|
April 11, 2019
|
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)
|
April 22, 2019
|
April 22, 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
|
May 23, 2019
PACER
|
9
|
Mail receipt (Wilson, O. Andrew)
|
May 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)
|
May 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)
1 Chamber's Individual Rules
View on PACER
|
May 31, 2019
|
May 31, 2019
PACER
|
13
|
NOTICE of Appearance by Alexander A. Reinert on behalf of Jeremy Cerda (aty to be noticed) (Reinert, Alexander)
|
July 19, 2019
|
July 19, 2019
PACER
|
12
|
NOTICE of Appearance by Betsy R. Ginsberg on behalf of Jeremy Cerda (aty to be noticed) (Ginsberg, Betsy)
|
July 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)
|
July 23, 2019
|
July 23, 2019
PACER
|
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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
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July 23, 2019
PACER
|
15
|
NOTICE of Appearance by Sean P. Greene on behalf of Herman E. Quay (aty to be noticed) (Greene, Sean)
|
July 24, 2019
|
July 24, 2019
PACER
|
|
Order(Other)
|
July 24, 2019
|
July 24, 2019
PACER
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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)
|
July 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)
|
July 30, 2019
|
July 30, 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)
|
July 31, 2019
|
July 31, 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)
|
July 31, 2019
|
July 31, 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
|
Aug. 1, 2019
PACER
|
20
|
NOTICE of Appearance by Alexander A. Reinert on behalf of David Scott (aty to be noticed) (Reinert, Alexander)
|
Aug. 6, 2019
|
Aug. 6, 2019
PACER
|
21
|
Letter TO JUDGE BRODIE re: JOINT PROPOSED SCHEDULE by Jeremy Cerda, David Scott (Rosenfeld, Katherine)
|
Aug. 8, 2019
|
Aug. 8, 2019
PACER
|
|
Order(Other)
|
Aug. 8, 2019
|
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
|
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)
|
Sept. 5, 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)
|
Sept. 9, 2019
|
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
|
Sept. 9, 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)
|
Sept. 12, 2019
|
Sept. 12, 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)
|
Sept. 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).
|
Sept. 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)
|
Oct. 17, 2019
|
Oct. 17, 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)
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Nov. 4, 2019
|
Nov. 4, 2019
PACER
|
28
|
NOTICE of Appearance by Scout Katovich on behalf of Jeremy Cerda, David Scott (aty to be noticed) (Katovich, Scout)
|
Nov. 5, 2019
|
Nov. 5, 2019
PACER
|
32
|
Proposed Summons. Re [29] Amended Complaint by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Rosenfeld, Katherine)
|
Nov. 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)
|
Nov. 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)
|
Nov. 15, 2019
|
Nov. 15, 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).
|
Nov. 15, 2019
|
Nov. 15, 2019
Clearinghouse
|
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)
1 Former Warden Summons
View on PACER
2 Facilities Manager Summons
View on PACER
|
Nov. 18, 2019
|
Nov. 18, 2019
PACER
|
34
|
Letter Joint Status Letter by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Katovich, Scout)
|
Nov. 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)
|
Nov. 21, 2019
|
Nov. 21, 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)
|
Nov. 22, 2019
|
Nov. 22, 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)
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
|
Nov. 22, 2019
PACER
|
38
|
Letter
|
Nov. 25, 2019
|
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)
|
Nov. 25, 2019
|
Nov. 25, 2019
RECAP
|
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)
|
Nov. 26, 2019
|
Nov. 26, 2019
PACER
|
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)
|
Nov. 26, 2019
|
Nov. 26, 2019
PACER
|
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)
|
Dec. 4, 2019
|
Dec. 4, 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)
1 Exhibit A - Affidavit of Service
View on RECAP
2 Exhibit B - Certified Mail and Return Receipt
View on PACER
|
Dec. 4, 2019
|
Dec. 4, 2019
RECAP
|
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)
|
Dec. 5, 2019
|
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
|
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)
|
Dec. 10, 2019
|
Dec. 10, 2019
RECAP
|
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)
|
Jan. 23, 2020
|
Jan. 23, 2020
PACER
|
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)
|
Jan. 23, 2020
|
Jan. 23, 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
|
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
|
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).
|
Jan. 30, 2020
|
Jan. 30, 2020
PACER
|
|
ORDER: Granting 48Status 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
|
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
|
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)
|
Feb. 5, 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
|
Feb. 6, 2020
PACER
|
|
Order on Motion for Leave to File Excess Pages
|
Feb. 7, 2020
|
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)
|
Feb. 13, 2020
|
Feb. 13, 2020
RECAP
|
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)
1 Exhibit A - OIG Report
View on PACER
|
March 3, 2020
|
March 3, 2020
PACER
|
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)
|
March 3, 2020
|
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)
|
March 6, 2020
|
March 6, 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
|
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)
|
March 12, 2020
|
March 12, 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
|
March 13, 2020
PACER
|
|
~Util - Set Hearings
|
March 13, 2020
|
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)
|
March 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)
|
March 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)
|
March 25, 2020
|
March 25, 2020
PACER
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Order on Motion for Extension of Time to File Response/Reply
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March 25, 2020
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March 25, 2020
PACER
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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)
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March 25, 2020
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March 25, 2020
PACER
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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)
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March 25, 2020
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March 25, 2020
PACER
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58
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NOTICE of Appearance by Kathleen Anne Mahoney on behalf of All Defendants (aty to be noticed) (Mahoney, Kathleen)
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April 7, 2020
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April 7, 2020
PACER
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59
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STATUS REPORT regarding the status of discovery by John Maffeo, Herman E. Quay, The United States of America (Priore, Shana)
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April 10, 2020
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April 10, 2020
PACER
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1 - Terminate Hearings
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April 10, 2020
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April 10, 2020
PACER
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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)
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April 10, 2020
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April 10, 2020
PACER
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61
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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)
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April 14, 2020
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April 14, 2020
PACER
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60
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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)
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April 14, 2020
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April 14, 2020
PACER
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62
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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).
1 Proposed Order
View on RECAP
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April 15, 2020
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April 15, 2020
PACER
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ORDER: 62 Motion for Protective Order is hereby approved and entered as an Order of the Court. Ordered by Magistrate Judge Steven M. Gold on 4/15/2020. (Gillespie, Saudia)
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April 15, 2020
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April 15, 2020
PACER
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Order on Motion for Protective Order
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April 16, 2020
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April 16, 2020
PACER
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64
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Consent MOTION for Extension of Time to File Defendants' Reply Memorandum of Law by John Maffeo, Herman E. Quay, The United States of America. (Greene, Sean)
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April 29, 2020
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April 29, 2020
PACER
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63
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Letter MOTION for Leave to File Excess Pages in Connection with Defendants' Reply Memorandum of Law by John Maffeo, Herman E. Quay, The United States of America. (Greene, Sean)
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April 29, 2020
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April 29, 2020
PACER
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ORDER: Granting 64 Motion for Extension of Time to File. The time to serve defendants' reply memorandum of law in further support of their motion to dismiss the Amended Complaint is extended to May 12, 2020. Ordered by Magistrate Judge Steven M. Gold on 4/29/2020. (Gillespie, Saudia)
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April 29, 2020
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April 29, 2020
PACER
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ORDER granting 63 Motion for Leave to File Excess Pages. The Court grants defendants' application for leave to file excess pages. Defendants' reply brief shall not exceed twenty (20) pages in length. Ordered by Judge Margo K. Brodie on 5/5/2020. (Johnson, Alexsis)
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May 5, 2020
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May 5, 2020
PACER
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69
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MEMORANDUM in Opposition re [65] MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams. (Rosenfeld, Katherine)
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May 8, 2020
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May 8, 2020
PACER
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68
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Letter advising the Court that Defendants' motion to dismiss is now fully briefed, that defendants have filed their motion papers, and that defendants respectfully request to be excused from the requirement to produce courtesy copies in light of the current limitations by John Maffeo, Herman E. Quay, The United States of America (Eichenholtz, Seth)
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May 8, 2020
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May 8, 2020
PACER
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67
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REPLY in Support re [65] MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by John Maffeo, Herman E. Quay, The United States of America. (Eichenholtz, Seth)
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May 8, 2020
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May 8, 2020
PACER
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66
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MEMORANDUM in Support re [65] MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by John Maffeo, Herman E. Quay, The United States of America. (Eichenholtz, Seth)
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May 8, 2020
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May 8, 2020
PACER
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65
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MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by John Maffeo, Herman E. Quay, The United States of America. (Attachments: # (1) Declaration of Seth D. Eichenholtz in support of the motion, with exhibits) (Eichenholtz, Seth)
1 Declaration of Seth D. Eichenholtz in support of the motion, with exhibits
View on PACER
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May 8, 2020
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May 8, 2020
PACER
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71
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Letter re Status of Discovery by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Katovich, Scout)
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May 21, 2020
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May 21, 2020
PACER
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70
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Letter to Honorable Steven M. Gold on behalf of Defendants reporting on status of discovery by The United States of America (Mahoney, Kathleen)
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May 21, 2020
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May 21, 2020
PACER
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