Case: Harper v. Cuomo

9:21-cv-00019 | U.S. District Court for the Northern District of New York

Filed Date: Jan. 8, 2021

Closed Date: June 25, 2021

Clearinghouse coding complete

Case Summary

This is a case about COVID-19 precautions for older and vulnerable prisoners in New York State prisons. Three incarcerated plaintiffs and the Release Aging People in Prison Campaign (RAPP) filed this class action lawsuit in the U.S. District Court for the Northern District of New York on January 8, 2021. They sued the governor of New York, the New York State Department of Corrections and Community Supervision (DOCCS) and its commissioner and chief medical officer, and the superintendent of the …

This is a case about COVID-19 precautions for older and vulnerable prisoners in New York State prisons. Three incarcerated plaintiffs and the Release Aging People in Prison Campaign (RAPP) filed this class action lawsuit in the U.S. District Court for the Northern District of New York on January 8, 2021. They sued the governor of New York, the New York State Department of Corrections and Community Supervision (DOCCS) and its commissioner and chief medical officer, and the superintendent of the Adirondack Correctional Facility under 42 U.S.C. § 1983, Title II of the Americans with Disabilities Act (ADA ) (42 U.S.C. § 12101), and Section 504 of the Rehabilitation Act (29 U.S.C. § 794). Represented by lawyers from Relman Colfax PLLC and the Legal Aid Society's Prisoners' Rights Project, the plaintiffs sought declaratory and injunctive relief, attorneys' fees and a preliminary injunction. The plaintiffs alleged that the defendants violated their Eighth Amendment rights by acting with deliberate indifference towards the serious risk posed by COVID-19, as well as violating several statutes.

In April 2020, during the height of the first wave of the COVID-19 pandemic in the United States, New York began implementing a policy of moving some of its elderly and vulnerable prisoners to the Adirondack Correctional Facility in Ray Brook, New York. Adirondack is an aging facility that had most recently been used to incarcerate about a dozen teenagers. The plaintiffs alleged that DOCCS put them at risk by transferring them from other facilities throughout the state, some of which had COVID-19 outbreaks at the time, without proper testing and quarantine protocols. The plaintiffs also claimed that the conditions at Adirondack, like cells without doors and a communal dining hall, placed prisoners at risk of contracting COVID-19. Additionally, the plaintiffs alleged that the defendants violated the ADA and the Rehabilitation act by discriminating against them based on their disabilities. The plaintiffs asked the court to certify a class of all prisoners incarcerated at Adirondack during the governor's declaration of a COVID-19 emergency and a subclass of those prisoners with disabilities that put them at a higher risk of becoming seriously ill from COVID-19.

The case was assigned to United States District Judge Lawrence E. Kahn, sitting in Albany, New York. The plaintiffs moved for a preliminary injunction on January 11, 2021. On January 21, 2021, Judge Kahn referred the preliminary injunction motion to United States Magistrate Judge Miroslav Lovric.

Between February 8 and 16, 2021, Magistrate Judge Lovric presided over a six-day evidentiary hearing on the preliminary injunction motion at which twelve witnesses testified. On March 1, 2021, he issued a report and recommendation recommending that the preliminary injunction be denied. 2021 WL 1821362. Judge Lovric found that the plaintiffs were not likely to succeed on the merits as they did not show that they faced a substantial risk of harm while incarcerated at Adirondack.

Defendants filed their answer to the complaint on March 11, 2021, and plaintiffs filed their objections to the report and recommendations a few days later, arguing that they were likely to succeed on the merits of their claims, they had shown a  likelihood of irreparable harm, and the balance of the public interest favored injunctive relief. Throughout the next few months, the parties prepared for trial and engaged in settlement negotiations. 

District Judge Khan approved and adopted Magistrate Judge Lovric’s report and recommendation on April 20, 2021. 2021 WL 1540483. Judge Khan found no clear error in the determination that plaintiffs were not likely to succeed on the merits of their Eighth Amendment claim because although defendants’ COVID-19 response had been “imperfect,” even negligence was not enough to support a required finding of “deliberate indifference.” Further, Judge Khan found no error in the determination that plaintiffs were unlikely to succeed in their ADA and Rehabilitation Act claims because they had not sufficiently alleged that defendants discriminated against them and failed to provide reasonable accommodations. Due to these findings, Judge Khan did not address the questions of irreparable harm, balance of equities, or public interest.  

After several more months of negotiations, the parties submitted a stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) on June 23, 2021, which the court granted two days later. The stipulation noted that (1) all people incarcerated at Adirondack were now eligible to receive COVID-19 vaccines under New York State guidelines, (2) defendants had begun offering the vaccine to people incarcerated at Adirondack, and (3) defendants had agreed to continue to offer the vaccine to all people incarcerated at Adirondack, when available and consistent with CDC and New York State Department of Health guidelines. 

The stipulation of dismissal further stated that nothing contained in the agreement would be construed as an admission or concession of liability by, or on behalf of, any parties to the agreement. The action was dismissed without prejudice and without costs or attorney’s fees to either party, and because no class was certified, the matter was settled on behalf of the plaintiffs individually. 

This case is closed. 

Summary Authors

Jonah Hudson-Erdman (3/9/2021)

Zoe Goldstein (4/26/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29091675/parties/harper-v-cuomo/


Judge(s)

Kahn, Lawrence E. (New York)

Lovric, Miroslav (New York)

Attorneys(s) for Plaintiff

Billingsley, David (New York)

Cobb, Jia Michelle (District of Columbia)

Diaz, Gabriel (District of Columbia)

Gebreselassie, Sophia (New York)

Livengood, Rebecca (New Jersey)

Samberg-Champion, Sasha M. (District of Columbia)

Short, Stefen Russell (New York)

Attorneys(s) for Defendant

Leris, Konstandinos D (New York)

Judge(s)

Kahn, Lawrence E. (New York)

Lovric, Miroslav (New York)

Attorneys(s) for Plaintiff

Billingsley, David (New York)

Cobb, Jia Michelle (District of Columbia)

Diaz, Gabriel (District of Columbia)

Gebreselassie, Sophia (New York)

Livengood, Rebecca (New Jersey)

Samberg-Champion, Sasha M. (District of Columbia)

Short, Stefen Russell (New York)

Attorneys(s) for Defendant

Leris, Konstandinos D (New York)

McCartin, Michael G (New York)

Expert/Monitor/Master

Fenig, Mark (New York)

Schwartz, Jeffrey A (California)

Shaman, Jeffrey L (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

March 3, 2021 Docket

Press Release

No Court

Jan. 8, 2021 Press Release
1

Class Action Complaint Jury Trial Demanded

Jan. 8, 2021 Complaint
8-1 & 8-17 to 8-19

Memorandum of Law in Support of Plaintiffs' Request for Preliminary Injunction

Jan. 11, 2021 Pleading / Motion / Brief
8-1

Memorandum of Law in Support of Plaintiffs' Request for Preliminary Injunction

Jan. 11, 2021 Pleading / Motion / Brief
29

Plaintiffs' Reply to Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for a Preliminary Injunction

Jan. 22, 2021 Pleading / Motion / Brief
51

Order and Report-Recommendation

2021 WL 1821362

March 1, 2021 Order/Opinion
60

Order on Motion for Preliminary Injunction AND Order on Report and Recommendations

2021 WL 1540483

April 20, 2021 Order/Opinion
66

Order Dismissing Case

June 25, 2021 Order/Opinion

Resources

Title Description External URL

Harper, et al. v. Cuomo, et al.

Relman Colfax PLLC

This lawsuit, brought pursuant to the Americans with Disabilities Act (“ADA”), Rehabilitation Act (“RA”), and the Eighth Amendment, alleges that New York State and its prison officials violated the s… Jan. 14, 2021 https://www.relmanlaw.com/cases-391

Docket

See docket on RECAP: https://www.courtlistener.com/docket/29091675/harper-v-cuomo/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT WITH JURY DEMAND against Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford (Filing fee $402 receipt number ANYNDC-5374903) filed by Ranfis Perez, Jose Leon, Allen Harper, Release Aging People in Prison Campaign. (Attachments: # 1 Civil Cover Sheet)(meb) (Entered: 01/08/2021)

1 Civil Cover Sheet

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Jan. 8, 2021 Clearinghouse
2

Summons Issued as to Andrew Cuomo. (Attachments: # 1 Summons issued as to NYS AG, # 2 Summons issued as to DOCCS, # 3 Summons issued as to Annucci, # 4 Summons issued as to Morley, # 5 Summons issued as to Tedford)(meb) (Entered: 01/08/2021)

Jan. 8, 2021 PACER
3

G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 4/14/2021 at 10:00 AM via telephone before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/7/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (meb) (Entered: 01/08/2021)

Jan. 8, 2021 PACER
4

NOTICE of Admission Requirement as to Party Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign; Attorney Jia Cobb. Phone number is (202) 728-1888. Admissions due by 1/22/2021. (Copy served by regular mail)(meb) (Entered: 01/08/2021)

Jan. 8, 2021 PACER
5

NOTICE of Admission Requirement as to Party Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign; Attorney Gabriel Diaz. Phone number is (202) 728-1888. Admissions due by 1/22/2021. (Copy served by regular mail)(meb) (Entered: 01/08/2021)

Jan. 8, 2021 PACER
6

NOTICE of Admission Requirement as to Party Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign; Attorney Sophia Gebreselassie. Phone number is (212) 577-3530. Admissions due by 1/22/2021. (Copy served by regular mail)(meb) (Entered: 01/08/2021)

Jan. 8, 2021 PACER
7

NOTICE of Admission Requirement as to Party Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign; Attorney David Billingsley. Phone number is (212) 577-3530. Admissions due by 1/22/2021. (Copy served by regular mail)(meb) (Entered: 01/08/2021)

Jan. 8, 2021 PACER
8

MOTION for Preliminary Injunction by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. (Attachments: # 1 Memorandum of Law, # 2 Declaration Executed declaration of Rebecca Livengood testifying to good and sufficient cause for expedited relief., # 3 Declaration Executed exhibit declaration of Rebecca Livengood, # 4 Exhibit(s) Executed declaration of Plaintiff Allen Harper, # 5 Exhibit(s) Executed declaration of Plaintiff Jose Leon, # 6 Exhibit(s) Executed declaration of Plaintiff Ranfis Perez, # 7 Exhibit(s) Executed declaration of John Spadaro, inmate at Adirondack Correctional Facility, # 8 Exhibit(s) Executed declaration of Juan Cangiano, former inmate at Adirondack Correctional Facility, # 9 Exhibit(s) Executed declaration of Gregory Jenkins, inmate at Adirondack Correctional Facility, # 10 Exhibit(s) Executed supplemental declaration of Plaintiff Allen Harper, # 11 Exhibit(s) Executed supplemental declaration of Plaintiff Jose Leon, # 12 Exhibit(s) Executed declaration of Amalia Perez, paralegal at Plaintiffs' counsel's firm, # 13 Exhibit(s) Executed supplemental declaration of Plaintiff Ranfis Perez, # 14 Exhibit(s) Executed supplemental declaration of John Spadaro, inmate at Adirondack Correctional Facility, # 15 Exhibit(s) Executed declaration of Bradford Applegate, inmate at Adirondack Correctional Facility, # 16 Exhibit(s) Executed declaration of Francisco Salinas, inmate at Adirondack Correctional Facility, # 17 Exhibit(s) Executed declaration of Dr. Jeffrey L. Shaman, # 18 Exhibit(s) Executed declaration of Jeffrey Schwartz, # 19 Exhibit(s) Executed declaration of Dr. Mark Fenig, # 20 Exhibit(s) Plaintiff Jose Leon's excerpted medical records, # 21 Exhibit(s) Juan Cangiano's excerpted medical records, # 22 Exhibit(s) Plaintiff Ranfis Perez's excerpted medical records, # 23 Exhibit(s) Plaintiff Allen Harper's excerpted medical records, # 24 Exhibit(s) DOCCS COVID-19 data compilation, # 25 Exhibit(s) Executed declaration of Stefen R. Short., # 26 Exhibit(s) Copy of Complaint (Dkt. 1), # 27 Proposed Order/Judgment Proposed Order granting Plaintiffs' Request for Preliminary Injunction, # 28 Proposed Order/Judgment Proposed Order granting Plaintiffs' Request for Leave to File Excess Pages)(Livengood, Rebecca) (Entered: 01/11/2021)

1 Memorandum of Law

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2 Declaration Executed declaration of Rebecca Livengood testifying to good and suf

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3 Declaration Executed exhibit declaration of Rebecca Livengood

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4 Exhibit(s) Executed declaration of Plaintiff Allen Harper

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5 Exhibit(s) Executed declaration of Plaintiff Jose Leon

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6 Exhibit(s) Executed declaration of Plaintiff Ranfis Perez

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7 Exhibit(s) Executed declaration of John Spadaro, inmate at Adirondack Correction

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8 Exhibit(s) Executed declaration of Juan Cangiano, former inmate at Adirondack Co

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9 Exhibit(s) Executed declaration of Gregory Jenkins, inmate at Adirondack Correct

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10 Exhibit(s) Executed supplemental declaration of Plaintiff Allen Harper

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11 Exhibit(s) Executed supplemental declaration of Plaintiff Jose Leon

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12 Exhibit(s) Executed declaration of Amalia Perez, paralegal at Plaintiffs' c

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13 Exhibit(s) Executed supplemental declaration of Plaintiff Ranfis Perez

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14 Exhibit(s) Executed supplemental declaration of John Spadaro, inmate at Adironda

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15 Exhibit(s) Executed declaration of Bradford Applegate, inmate at Adirondack Corr

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16 Exhibit(s) Executed declaration of Francisco Salinas, inmate at Adirondack Corre

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17 Exhibit(s) Executed declaration of Dr. Jeffrey L. Shaman

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18 Exhibit(s) Executed declaration of Jeffrey Schwartz

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19 Exhibit(s) Executed declaration of Dr. Mark Fenig

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24 Exhibit(s) DOCCS COVID-19 data compilation

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25 Exhibit(s) Executed declaration of Stefen R. Short.

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26 Exhibit(s) Copy of Complaint (Dkt. 1)

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27 Proposed Order/Judgment Proposed Order granting Plaintiffs' Request for Pre

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28 Proposed Order/Judgment Proposed Order granting Plaintiffs' Request for Lea

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Jan. 11, 2021 Clearinghouse
9

TEXT ORDER: The Court has reviewed Plaintiffs' motion for a preliminary injunction, which Plaintiffs brought via application for an order to show cause. Dkt. Nos. 8-1 ("Motion"); 8-2 ("Livengood Affidavit"). The Court has reviewed the Livengood Affidavit and finds that it "clearly and specifically show[s] good and sufficient cause why the standard Notice of Motion procedure cannot be used." See L.R. 7.1(e). The Court GRANTS Plaintiffs' order to show cause. Plaintiffs' request for leave to exceed the page limit, Dkt. No. 8-28, in their Motion is GRANTED. Defendants are directed to submit a response by January 19, 2021. Plaintiffs are directed to submit a reply by January 22, 2021. The Motion will be decided on the submission of the papers only; no oral arguments will be entertained. Plaintiffs are directed to serve Defendants with the Complaint, Dkt. No. 1, and Motion no later than January 13, 2021. Response to Motion due by 1/19/2021. Reply to Response to Motion due by 1/22/2021. Signed by Senior Judge Lawrence E. Kahn on January 12, 2021. (sas) (Entered: 01/12/2021)

Jan. 12, 2021 PACER

Order Setting Hearing on Motion

Jan. 12, 2021 PACER
10

AFFIDAVIT of Service for Complaint, summons, General Order 25, Proposed Order to Show Cause and accompanying attachments and exhibits, 1/12/2021 Order (Dkt. 9) served on Anthony Annucci in his official capacity as the Acting Commissioner of the NY State Dept. of Corr. and Comm. Supervision on 1/13/2021, filed by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. (Livengood, Rebecca) (Entered: 01/14/2021)

Jan. 14, 2021 PACER
11

AFFIDAVIT of Service for Complaint, Summons, General Order 25, Proposed Order to Show Cause and accompanying attachments and exhibits, 1/12/2021 Order (Dkt. 9) served on Anthony Annucci on behalf of the New York State Dept. of Corrections and Community Supervision on 1/13/2021, filed by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. (Livengood, Rebecca) (Entered: 01/14/2021)

Jan. 14, 2021 PACER
12

AFFIDAVIT of Service for Complaint, Summons, General Order 25, Proposed Order to Show Cause and accompanying attachments and exhibits, 1/12/2021 Order (Dkt. 9) served on Office of Attorney General on behalf of Andrew Cuomo in his Official Capacity as the Governor of New York on 1/13/2021, filed by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. (Livengood, Rebecca) (Entered: 01/14/2021)

Jan. 14, 2021 PACER
13

AFFIDAVIT of Service for Complaint, Summons, General Order 25, Proposed Order to Show Cause and accompanying attachments and exhibits, 1/12/2021 Order (Dkt. 9) served on John Morley, M.D., in his Official Capacity as the Deputy Commissioner and Chief Medical Officer of the New York State Department of Corrections and Community Supervision on 1/13/2021, filed by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. (Livengood, Rebecca) (Entered: 01/14/2021)

Jan. 14, 2021 PACER
14

AFFIDAVIT of Service for Complaint, Summons, General Order 25, Proposed Order to Show Cause and accompanying attachments and exhibits, 1/12/2021 Order (Dkt. 9) served on Andrew Cuomo in his Official Capacity as the Governor of the State of New York on 1/13/2021, filed by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. (Livengood, Rebecca) (Entered: 01/14/2021)

Jan. 14, 2021 PACER
15

MOTION for Limited Admission Pro Hac Vice of Gabriel Diaz Filing fee $100, receipt number ANYNDC-5383384. filed by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. Motions referred to Miroslav Lovric. (Livengood, Rebecca) (Entered: 01/15/2021)

Jan. 15, 2021 PACER
16

MOTION for Limited Admission Pro Hac Vice of Jia M. Cobb Filing fee $100, receipt number ANYNDC-5383417. filed by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. Motions referred to Miroslav Lovric. (Livengood, Rebecca) (Entered: 01/15/2021)

Jan. 15, 2021 PACER
17

NOTICE of Appearance by Michael G. McCartin on behalf of Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford (McCartin, Michael) (Entered: 01/19/2021)

Jan. 19, 2021 PACER
18

NOTICE of Appearance by Konstandinos D. Leris on behalf of Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford (Attachments: # 1 Declaration of Service)(Leris, Konstandinos) (Entered: 01/19/2021)

Jan. 19, 2021 PACER
19

RESPONSE in Opposition re 8 MOTION for Preliminary Injunction filed by Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford. (Attachments: # 1 Declaration of Bryan Hilton, # 2 Declaration of Scott Kelly, # 3 Exhibit(s) COVID-19 Testing Memo, # 4 Declaration of Rhonda Marrone, R.N.)(McCartin, Michael) (Entered: 01/19/2021)

Jan. 19, 2021 PACER
20

ORDER granting 15 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 1/20/2021. (jdp, ) (Entered: 01/20/2021)

Jan. 20, 2021 PACER
21

ORDER granting 16 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Senior Judge Thomas J. McAvoy on 1/20/2021. (jdp, ) (Entered: 01/20/2021)

Jan. 20, 2021 PACER
22

MOTION for Limited Admission Pro Hac Vice of Sophia Gebreselassie Filing fee $100, receipt number ANYNDC-5388788. filed by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. Motions referred to Miroslav Lovric. (Short, Stefen) (Entered: 01/20/2021)

Jan. 20, 2021 PACER

Order on Motion for Limited Admission Pro Hac Vice

Jan. 20, 2021 PACER
23

AFFIDAVIT of Service for Complaint, Summons, General Order 25, Proposed Order to Show Cause and accompanying attachments and exhibits, 1/12/2021 Order (Dkt. 9) served on Jeffrey Tedford in his official capacity as the Superintendent of Adirondack Correctional Facility on 1/19/2021, filed by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. (Livengood, Rebecca) (Entered: 01/21/2021)

Jan. 21, 2021 PACER
24

TEXT ORDER: Having reviewed the Plaintiffs' motion for a preliminary injunction, Dkt. No. 8-1 ("Motion"), and Defendants' response, Dkt. No. 19, the Court notes the existence of factual disputes pertaining to the safety protocols at Adirondack Correctional Facility. See, e.g., Dkt. Nos. 19-1 11 ("Thus, there is simply no veracity to the plaintiffs' claims that staff are not screened before entering ACF, or before transferring inmates between facilities.") ; 19-4 13. "It is well established that 'the existence of factual disputes necessitates an evidentiary hearing... before a motion for preliminary injunction may be decided.'" Martinez-Brooks v. Easter, 459 F. Supp. 3d 411, 449-50 (D. Conn. 2020) (quoting Kern v. Clark, 331 F.3d 9, 12 (2d Cir. 2003)). Accordingly, this matter is hereby REFERRED to Judge Lovric for purposes of conducting a hearing and issuing a report-recommendation on the Motion. Signed by Senior Judge Lawrence E. Kahn on January 21, 2021. (sas) (Entered: 01/21/2021)

Jan. 21, 2021 PACER
25

NOTICE of Appearance by Jia M. Cobb on behalf of All Plaintiffs (Cobb, Jia) (Entered: 01/21/2021)

Jan. 21, 2021 PACER

Order Referring Case to Magistrate Judge

Jan. 21, 2021 PACER
26

NOTICE of Appearance by David Billingsley on behalf of All Plaintiffs (Billingsley, David) (Entered: 01/22/2021)

Jan. 22, 2021 PACER
27

NOTICE of Appearance by Gabriel Diaz on behalf of All Plaintiffs (Diaz, Gabriel) (Entered: 01/22/2021)

Jan. 22, 2021 PACER
28

TEXT ORDER: a telephone conference is scheduled for 1/25/2021 at 11:00 a.m. The parties should be prepared to discuss the scheduling of a hearing pursuant to Text Order 24 . SO ORDERED by Magistrate Judge Miroslav Lovric on 1/22/2021.(jdp ) (Entered: 01/22/2021)

Jan. 22, 2021 PACER
29

REPLY to Response to Motion re 8 MOTION for Preliminary Injunction filed by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. (Attachments: # 1 Exhibit(s) DOCCS COVID-19 Data Compilation)(Livengood, Rebecca) (Entered: 01/22/2021)

1 Exhibit(s) DOCCS COVID-19 Data Compilation

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Jan. 22, 2021 Clearinghouse

~Util - Set Hearings AND Order

Jan. 22, 2021 PACER
30

ORDER granting 22 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 1/24/2021. (jdp, ) (Entered: 01/24/2021)

Jan. 24, 2021 PACER

Order on Motion for Limited Admission Pro Hac Vice

Jan. 24, 2021 PACER
31

NOTICE of Appearance by Sophia Assefa Gebreselassie on behalf of All Plaintiffs (Gebreselassie, Sophia) (Entered: 01/25/2021)

Jan. 25, 2021 PACER

Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a telephone conference was held on 1/25/2021. A hearing on the Motion for Preliminary Injunction 8 is scheduled for 2/8/2021 at 9:30 a.m., via video conferencing. Appearances: R. Livengood, Esq., S. Short, Esq., D. Billingsley, Esq., G. Diaz, Esq., and S. Gebreselassie, Esq., for Plaintiffs; and M. McCartin, Esq., and K. Leris, Esq., for Defendants. (jdp )

Jan. 26, 2021 PACER
32

TEXT ORDER: A hearing on the Motion for Preliminary Injunction 8 is scheduled for 2/8/2021 at 9:30 a.m., via video conferencing. On or before 2/1/2021, Plaintiffs shall file: (1) a witness list, (2) an exhibit list, (3) copies of all exhibits to be offered at the hearing, and (4) briefs, no more than 15 pages in length and double spaced, summarizing what each witness will testify about and the significance of each exhibit to be offered at the hearing. Defendants shall file the same four categories of documents on or before 2/2/2021. Defendants shall coordinate with DOCCS to ensure that all witnesses who are in the custody of DOCCS will be produced at the hearing via video conferencing. The deadline for Defendants to file their answer or otherwise respond to Plaintiffs complaint is extended to 2/22/2021. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/26/2021.(jdp ) (Entered: 01/27/2021)

Jan. 26, 2021 PACER

~Util - Set Hearings AND Order

Jan. 27, 2021 PACER
33

Letter Motion from Plaintiffs' Counsel for Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign requesting Translation Services during February 8 Hearing on Motion for Preliminary Injunction submitted to Judge Lovric . (Livengood, Rebecca) (Entered: 02/01/2021)

Feb. 1, 2021 PACER
34

NOTICE by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign re 8 MOTION for Preliminary Injunction, 32 Order,,,, Set Hearings,,, of Plaintiffs' Anticipated Witnesses and Exhibits (Attachments: # 1 Witness List, # 2 Exhibit List, # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s), # 12 Exhibit(s), # 13 Exhibit(s), # 14 Exhibit(s), # 15 Exhibit(s), # 16 Exhibit(s), # 17 Exhibit(s), # 18 Exhibit(s), # 19 Exhibit(s), # 20 Exhibit(s), # 21 Exhibit(s), # 22 Exhibit(s))(Diaz, Gabriel) (Entered: 02/01/2021)

Feb. 1, 2021 PACER
35

TEXT ORDER: Letter Motion 33 is GRANTED in part. Plaintiffs are required to arrange and pay for interpreter services. Plaintiffs may contact the courtroom deputy to obtain a list and contact information for interpreters pursuant to 18 U.S.C. ยง 1827. SO ORDERED by Magistrate Judge Miroslav Lovric on 2/2/2021. (jdp ) (Entered: 02/02/2021)

Feb. 2, 2021 PACER
36

Witness List by Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford. (Leris, Konstandinos) (Entered: 02/02/2021)

Feb. 2, 2021 PACER
37

Exhibit List with attached exhibits by Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford. (Attachments: # 1 Exhibit(s) Combined Exhibits)(Leris, Konstandinos) (Entered: 02/02/2021)

Feb. 2, 2021 PACER
38

TRIAL BRIEF by Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford. (Leris, Konstandinos) (Entered: 02/02/2021)

Feb. 2, 2021 PACER

Order on Letter Request

Feb. 2, 2021 PACER
39

Letter Motion from Kostas Leris for Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford requesting Permission to add an exhibit to defendants' exhibit list submitted to Judge Lovric . (Attachments: # 1 Exhibit(s) Updated Exhibit List, # 2 Exhibit(s) Proposed Exhibit)(Leris, Konstandinos) (Entered: 02/03/2021)

Feb. 3, 2021 PACER
40

TEXT ORDER: Letter Motion 39 is GRANTED. The Clerk of Court is directed to file Defendants updated exhibit list [39-1] and exhibit 46 [39-2] on the docket. SO ORDERED by Magistrate Judge Miroslav Lovric on 2/4/2021. (jdp ) (Entered: 02/04/2021)

Feb. 4, 2021 PACER
41

AMENDED Exhibit List and Exhibit 46 filed by Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford. (Attachments: # 1 Exhibit 46)(jdp ) (Entered: 02/04/2021)

Feb. 4, 2021 PACER

Order on Letter Request

Feb. 4, 2021 PACER
42

MOTION to Withdraw as Attorney Sasha Samberg-Champion Response to Motion due by 2/26/2021 filed by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. (Attachments: # 1 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (Livengood, Rebecca) (Entered: 02/05/2021)

Feb. 5, 2021 PACER
43

ORDER granting 42 Motion to Withdraw as Attorney. Attorney Sasha Samberg-Champion terminated. Signed by Magistrate Judge Miroslav Lovric on 2/8/2021. (jdp ) (Entered: 02/08/2021)

Feb. 8, 2021 PACER
44

Letter Motion from Kostas Leris for Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford requesting Permission to add two additional exhibits submitted to Judge Lovric . (Attachments: # 1 Exhibit(s) Ranfis Perez Grievance packet, # 2 Exhibit(s) Jose Leon Grievance packet)(Leris, Konstandinos) (Entered: 02/08/2021)

Feb. 8, 2021 PACER
45

RESPONSE TO LETTER BRIEF filed by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign as to 44 Letter Request/Motion, filed by Anthony J. Annucci, Jeffrey Tedford, John Morley, New York State Department of Corrections and Community Supervision, Andrew Cuomo . (Attachments: # 1 Exhibit(s))(Livengood, Rebecca) (Entered: 02/08/2021)

Feb. 8, 2021 PACER

TEXT MINUTE ENTRY for preliminary injunction hearing held on 2/8/2021, before Magistrate Judge Miroslav Lovric via video teleconferencing: Plaintiffs began presenting their case-in-chief and called witnesses: Mark Fenig, M.D., and Bradford Applegate. The hearing is to be continued on 2/9/2020. Appearances: R. Livengood, Esq., G. Diaz, Esq., J. Cobb, Esq., S. Short, Esq., D. Billingsley, Esq., and S. Gebreselassie, Esq., Counsel for Plaintiffs; A. Harper, Plaintiff (not present for testimony of Mr. Applegate); M. McCartin, Esq., and K. Leris, Esq., Counsel for Defendants; and J. Stroffolino, Court Reporter. (Time: 10:00 a.m. - 3:50 p.m.) (jdp )

Feb. 8, 2021 PACER
46

Letter Motion from Kostas Leris for Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford requesting Permission to file second amended exhibit list submitted to Judge Lovric . (Attachments: # 1 Exhibit(s) Defendants' Exhibit 47, # 2 Exhibit(s) Defendants' Exhibit 48, # 3 Exhibit(s) Defendants' Exhibit 49)(Leris, Konstandinos) (Entered: 02/09/2021)

Feb. 9, 2021 PACER
47

LETTER BRIEF Jointly Submitted re Status of Preliminary Injunction Hearing Exhibits by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. (Short, Stefen) (Entered: 02/09/2021)

Feb. 9, 2021 PACER

TEXT MINUTE ENTRY for continuation of preliminary injunction hearing held on 2/9/2021, before Magistrate Judge Miroslav Lovric via video teleconferencing: Plaintiffs continued presenting their case-in-chief and called witnesses: Jeffrey L. Shaman, Ph.D, Francisco Salinas, Ranfis Perez, and Allen Harper. The hearing is to be continued on 2/10/2020. Appearances: R. Livengood, Esq., G. Diaz, Esq., J. Cobb, Esq., S. Short, Esq., D. Billingsley, Esq., and S. Gebreselassie, Esq., Counsel for Plaintiffs; M. McCartin, Esq., and K. Leris, Esq., Counsel for Defendants; Laura Silver Kuhne, Spanish Interpreter for witness Perez; and J. Stroffolino, Court Reporter. (Time: 9:00 a.m. 4:45 p.m.) (jdp, )

Feb. 9, 2021 PACER
48

LETTER BRIEF re Plaintiffs' Demonstrative Aid by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. (Attachments: # 1 Demonstrative Aid)(Livengood, Rebecca) (Entered: 02/10/2021)

Feb. 10, 2021 PACER
49

Exhibit List Defendants' Second Amended Exhibit List by Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford. (Leris, Konstandinos) (Entered: 02/10/2021)

Feb. 10, 2021 PACER

TEXT MINUTE ENTRY for continuation of preliminary injunction hearing held on 2/10/2021, before Magistrate Judge Miroslav Lovric via video teleconferencing: Plaintiffs continued presenting their case-in-chief and called witnesses: Ranfis Perez and Jeffrey A. Schwartz. The hearing will be continued on 2/11/2020. Plaintiffs' exhibits 1-20 and Defendants' exhibits 1-45 and 47-49 were admitted into evidence, without objection. Appearances: R. Livengood, Esq., G. Diaz, Esq., J. Cobb, Esq., S. Short, Esq., D. Billingsley, Esq., and S. Gebreselassie, Esq., Counsel for Plaintiffs; M. McCartin, Esq., and K. Leris, Esq., Counsel for Defendants; Elizabeth Caruso, Spanish Interpreter for witness Perez; and J. Stroffolino, Court Reporter. (Time: 9:00 a.m. - 3:45 p.m.) (jdp )

Feb. 10, 2021 PACER
50

TEXT ORDER: Defendants' Letter Motion 44 is DENIED as moot. Defendants' Letter Motion 46 is GRANTED, as set forth on the record during the preliminary injunction continuation hearing on 2/10/2021. SO ORDERED by Magistrate Judge Miroslav Lovric on 2/11/2021.(jdp ) (Entered: 02/11/2021)

Feb. 11, 2021 PACER

TEXT MINUTE ENTRY for continuation of preliminary injunction hearing held on 2/11/2021, before Magistrate Judge Miroslav Lovric via video teleconferencing: Plaintiffs completed presenting their case-in-chief after calling witness: Jeffrey A. Schwartz. Defendants began presenting their case-in-chief and called witness: Kelly Slaven. The hearing will be continued on 2/12/2020. Appearances: R. Livengood, Esq., G. Diaz, Esq., J. Cobb, Esq., S. Short, Esq., D. Billingsley, Esq., and S. Gebreselassie, Esq., Counsel for Plaintiffs; M. McCartin, Esq., and K. Leris, Esq., Counsel for Defendants; and J. Stroffolino, Court Reporter. (Time: 1:30 p.m. - 4:35 p.m.) (jdp )

Feb. 11, 2021 PACER

Order on Letter Request AND Order on Letter Request

Feb. 11, 2021 PACER

TEXT MINUTE ENTRY for continuation of preliminary injunction hearing held on 2/12/2021, before Magistrate Judge Miroslav Lovric via video teleconferencing: Defendants continued presenting their case-in-chief and called witnesses: Kelly Slaven, Benjamin Malark, and Jeffrey Tedford. The hearing will be continued on 2/16/2020. Appearances: R. Livengood, Esq., G. Diaz, Esq., J. Cobb, Esq., S. Short, Esq., D. Billingsley, Esq., and S. Gebreselassie, Esq., Counsel for Plaintiffs; M. McCartin, Esq., and K. Leris, Esq., Counsel for Defendants; and J. Stroffolino, Court Reporter. (Time: 9:00 a.m. - 5:00 p.m.) (jdp )

Feb. 12, 2021 PACER

TEXT MINUTE ENTRY for continuation of preliminary injunction hearing held on 2/16/2021, before Magistrate Judge Miroslav Lovric via video teleconferencing: Defendants completed presenting their case-in-chief after calling witnesses: Jeffrey Tedford, Rhonda Marrone, and Bonnie Perryman. Defendants offered their exhibit 46 into evidence and it was not received for the reasons stated on the record. The parties presented closing arguments and the Court reserved its decision. The deadline for Defendants to answer or otherwise respond to the Complaint, will be ten days after the Court issues its Report-Recommendation on Plaintiffs' Motion 8 . Appearances: R. Livengood, Esq., G. Diaz, Esq., J. Cobb, Esq., S. Short, Esq., D. Billingsley, Esq., and S. Gebreselassie, Esq., Counsel for Plaintiffs; M. McCartin, Esq., and K. Leris, Esq., Counsel for Defendants; and J. Stroffolino, Court Reporter. (Time: 9:00 a.m. - 4:45p.m.) (jdp )

Feb. 16, 2021 PACER
51

ORDER, REPORT AND RECOMMENDATIONS: RECOMMENDED that Plaintiffs' 18 Motion for a Preliminary Injunction is DENIED; ORDERED that Defendants respond to Plaintiffs' 1 Complaint within 10 days of this Order, Report and Recommendation; and it is ORDERED that the Clerk shall provide copies of this Order, Report and Recommendation to the parties. ( Objections to R&R due by 3/15/2021) Signed by Magistrate Judge Miroslav Lovric on 3/1/2021. (jdp ) (Entered: 03/01/2021)

March 1, 2021 Clearinghouse

***Answer due date updated for Anthony J. Annucci answer due 3/11/2021; Andrew Cuomo answer due 3/11/2021; John Morley answer due 3/11/2021; New York State Department of Corrections and Community Supervision answer due 3/11/2021; Jeffrey Tedford answer due 3/11/2021. (meb)

March 3, 2021 PACER
52

ANSWER to 1 Complaint, by Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford. (Attachments: # 1 Declaration of Service)(Leris, Konstandinos) (Entered: 03/11/2021)

March 11, 2021 PACER
53

OBJECTION to 51 Report and Recommendations by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. Response to Objections to R&R due by 3/29/2021 (Livengood, Rebecca) (Entered: 03/15/2021)

March 15, 2021 PACER
54

LETTER BRIEF in Response to Plaintiffs' Objections to the Report-Rec by Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford. (Attachments: # 1 Declaration of Bonnie Perryman, R.N.)(McCartin, Michael) (Entered: 03/24/2021)

March 24, 2021 PACER
55

Joint Letter Motion from Parties for Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign requesting additional time for Rule 26 Deadlines submitted to Judge Miroslav Lovric . (Short, Stefen) (Entered: 03/24/2021)

March 24, 2021 PACER
56

TEXT ORDER: Letter Motion 55 is GRANTED. A status conference is scheduled for 4/14/2021 at 10:00 a.m., via telephone. The Rule 16 initial conference currently scheduled for 4/14/2021, is re-scheduled for 4/29/2021 at 10:00 a.m., via telephone. The parties shall call the same number and utilize same access code. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/22/2021. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/25/2021. (jdp ) (Entered: 03/25/2021)

March 25, 2021 PACER

Order on Letter Request

March 25, 2021 PACER
57

STATUS REPORT re: the Vaccination of ALL Inmates at Adirondack CF Who Desire to be Vaccinated by Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford. (Attachments: # 1 Declaration of Bonnie Perryman, R.N.)(McCartin, Michael) (Entered: 04/09/2021)

April 9, 2021 PACER

Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a telephone conference was held on 4/14/2021. The Court and parties discussed settlement issues and scheduling a settlement conference on 4/29/2021. The Court advised the parties that on 4/29/2021 at 10:00 a.m., the Court intends to either (1) hold a settlement conference as jointly agreed to by all parties, or (2) conduct a Rule 16 Initial Conference, and issue deadlines and schedules accordingly for this litigation. Appearances: R. Livengood, Esq., S. Short, Esq., D. Billingsley, Esq., G. Diaz, Esq., and S. Gebreselassie, Esq., for Plaintiffs; and M. McCartin, Esq., and K. Leris, Esq., for Defendants. (jdp)

April 14, 2021 PACER
58

TEXT ORDER: No later than 4/22/2021, the parties shall: (1) if all parties jointly agree to hold a settlement conference on 4/29/2021, electronically submit directly to Magistrate Judge Lovrics chambers a short, concise statement setting forth the parties' respective positions concerning settlement issues, outlining any settlement discussions which have occurred, and a candid indication of the party's settlement position [that confidential statement shall NOT be filed in the docket and NOT be served upon opposing counsel]; or (2) a status report advising the Court that a settlement conference will not take place. The currently scheduled telephone conference for 4/29/2021 at 10:00 a.m. remains scheduled and the Court will either conduct a settlement conference or a Rule 16 initial conference at that time, via telephone. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/22/2021, unless the parties jointly report in their 4/22/2021 filing that the parties jointly intend to hold a settlement conference before the Court on 4/29/2021. All other deadlines and schedules remain in effect. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/14/2021. (jdp ) (Entered: 04/14/2021)

April 14, 2021 PACER

~Util - Set Deadlines AND Order

April 14, 2021 PACER
59

STATUS REPORT in response to the Court's 4/14/21 TEXT ORDER by Anthony J. Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, Jeffrey Tedford. (McCartin, Michael) (Entered: 04/19/2021)

April 19, 2021 PACER
60

MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED, that the Report-Recommendation (Dkt. No. 51 ) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs' motion for a preliminary injunction (Dkt. No. 8 ) is DENIED. Signed by Senior Judge Lawrence E. Kahn on 4/20/2021. (meb) (Entered: 04/20/2021)

April 20, 2021 Clearinghouse
61

RESPONSE TO LETTER BRIEF filed by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign as to 59 Status Report filed by Anthony J. Annucci, Jeffrey Tedford, New York State Department of Corrections and Community Supervision, Andrew Cuomo . (Short, Stefen) (Entered: 04/20/2021)

April 20, 2021 PACER
62

CIVIL CASE MANAGEMENT PLAN (Joint) by Allen Harper, Jose Leon, Ranfis Perez, Release Aging People in Prison Campaign. (Short, Stefen) (Entered: 04/22/2021)

April 22, 2021 PACER

Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 4/29/2021. Pretrial deadlines were discussed and set. A telephone conference is scheduled for 7/13/2021 at 10:00 a.m. Appearances: S. Short, Esq., G. Diaz, Esq., and S. Gebreselassie, Esq. for Plaintiffs; and M. McCartin, Esq., and K. Leris, Esq for Defendants. (jdp )

April 29, 2021 PACER
63

TEXT ORDER: On or before 6/30/2021, the parties shall file a status report regarding the progress of the litigation. A telephone conference is scheduled for 7/13/2021 at 10:00 a.m. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/29/2021.(jdp ) (Entered: 04/29/2021)

April 29, 2021 PACER
64

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 7. Preferred Trial Location: Albany. Joinder of Parties due by 5/14/2021. Amended Pleadings due by 6/1/2021. Discovery due by 10/29/2021. Plaintiffs Expert Disclosure Deadline is 8/2/2021. Defendants Expert Disclosure Deadline is 9/14/2021. Rebuttal Expert Disclosure Deadline is 9/29/2021. Motions to be filed by 1/11/2022. Class Certification Motion due by 10/29/2021. Trial Ready Deadline is 2/28/2022. Jury Trial set for 3/28/2022 09:30 AM before Senior Judge Lawrence E. Kahn. Signed by Magistrate Judge Miroslav Lovric on 4/29/2021. (jdp ) (Main Document 64 replaced on 4/30/2021) (jdp, ). Modified on 4/30/2021 (jdp, ). (Entered: 04/29/2021)

April 29, 2021 PACER

~Util - Set Deadlines AND Order

April 29, 2021 PACER

CLERK'S CORRECTION OF DOCKET ENTRY : Clerk replaced 64 to reflect the correct Amended Pleadings Deadline. (jdp )

April 30, 2021 PACER
65

STIPULATION of Dismissal by Anthony J. Annucci, Andrew Cuomo, John Morley, New York State Department of Corrections and Community Supervision, Jeffrey Tedford submitted to Judge Kahn. (McCartin, Michael) (Entered: 06/23/2021)

June 23, 2021 PACER
66

ORDER DISMISSING CASE: Granting the # 65 Stipulation. Signed by Senior Judge Lawrence E. Kahn on 6/25/2021. (meb) (Entered: 06/25/2021)

June 25, 2021 Clearinghouse
66

ORDER DISMISSING CASE: Granting the # 65 Stipulation. Signed by Senior Judge Lawrence E. Kahn on 6/25/2021. (meb) (Entered: 06/25/2021)

June 25, 2021 RECAP

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Jan. 8, 2021

Closing Date: June 25, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

General: All persons who are incarcerated or who will be incarcerated at Adirondack Correctional Facility during the pendency of the Governor's declaration of a COVID-19 emergency for the State of New York. Disability Subclass: Members of the General Class who have or are perceived to have diabetes and/or heart disease, that limit their major life activities and place members of the Disability Subclass at increased risk of becoming severely ill from COVID-19.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Relman, Dane & Colfax

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

New York State Department of Corrections and Community Supervision (Albany), State

Governor (Albany), State

Commisioner (Albany), State

Deputy Commissioner and Chief Medical Officer (Albany), State

Superintendant (Essex), State

Defendant Type(s):

Corrections

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

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Classification / placement

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run