Case: Fernandez-Rodriguez v. Licon-Vitale

1:20-cv-03315 | U.S. District Court for the Southern District of New York

Filed Date: April 28, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class action brought by five detainees at New York City's Metropolitan Correctional Center. The plaintiffs are at special risk from COVID-19 due to underlying medical conditions and seek release from detention and enforcement of preventative measures. On July 2, the court denied both the defendants' motion to partially dismiss the case and the plaintiffs' motion for a preliminary injunction. On January 13, 2021, the plaintiffs filed an amended petition, narrowing the…

COVID-19 Summary: This is a class action brought by five detainees at New York City's Metropolitan Correctional Center. The plaintiffs are at special risk from COVID-19 due to underlying medical conditions and seek release from detention and enforcement of preventative measures. On July 2, the court denied both the defendants' motion to partially dismiss the case and the plaintiffs' motion for a preliminary injunction. On January 13, 2021, the plaintiffs filed an amended petition, narrowing the injunctive relief being sought to a permanent injunction. The plaintiffs voluntarily dismissed this case on July 19, 2021 on the condition that the defendants continued to file status reports with the court while the jail remained on modified operations due to COVID-19.


On April 28, 2020, five individuals detained in the Metropolitan Correctional Center (MCC) petitioned for the release or transfer of detainees as well as enforcement of proper distancing, hygiene, and testing in the U.S. District Court for the Southern District of New York. Represented by private counsel, the plaintiffs brought this lawsuit as a habeas petition under 28 U.S.C. § 2241, and as an injunctive and declaratory action under 28 U.S.C. § 2201. Specifically, they alleged that their continued detention violated their Fifth and Eighth Amendment rights by subjecting them to a serious risk of contracting COVID-19 by failing to keep social distancing, maintain hygiene, and to provide adequate testing and medical care for those suffering from COVID-19. The plaintiffs sought preliminary and permanent injunctions that would require increased monitoring and testing, provide treatment and improve hygiene and the release or transfer of detainees to another facility where appropriate preventive measures were possible. The plaintiffs also sought an independent monitor to ensure compliance. The case was assigned to Judge Edgardo Ramos and Magistrate Judge Sarah L. Cave.

The plaintiffs are at increased risk from COVID-19 due to underlying medical conditions such as chronic asthma, obesity, pulmonary disease, and hypertension. They proposed a class of all current and future detainees in custody at the MCC during the course of the COVID-19 pandemic.

The defendants moved to dismiss the case on May 20, claiming that the Prison Litigation Reform Act (PLRA) precludes the court from granting such releases and that the PLRA specifies that the Bureau of Prisons' home confinement decisions are not judicially reviewable.

On May 26, the plaintiffs sought a preliminary injunction for immediate testing, quarantine, isolation, and treatment, as well as access to protective equipment and sanitation supplies. They further sought a reduction of the population by 50% and implementation of a policy for release. Oral argument was held regarding the preliminary injunction on June 2, 2020.

On July 2, the court denied both the defendants' motion to partially dismiss the case and the plaintiffs' motion for a preliminary injunction. 2020 WL 3618941. While the court found that the inmates were likely to show that the defendant's response to the pandemic was "ad-hoc and overlooked many gaps in its scheme to identify and isolate infected inmates — creating conditions that posed a substantial risk to the health of all inmates," the court concluded that the plaintiffs were not substantially likely to show that the MCC’s failures were a result of deliberate indifference. The defendant's motion to partially dismiss the case was denied because the court found that that there were no statutory or equitable bars prohibiting the court from considering release as a remedy for inmates.

The defendants filed a response to the petition on July 23, and in August, the plaintiffs moved for a conference regarding the update on conditions at MCC, which was subsequently denied. The court directed the parties to meet and confer regarding discovery.

On January 13, 2021, the plaintiffs filed an amended petition, adding named petitioners, removing named petitioners who were no longer incarcerated, and updating factual allegations based on events occurring since the original petition was filed. No new claims or requests for relief were added. The defendants continue to routinely file status reports with the court.

After over a year of litigation, the plaintiffs voluntarily dismissed the case on July 19, 2021. At the request of the parties, Judge Ramos dismissed the case without prejudice, provided that the defendants continued to provide routine status reports as long as the MCC continued under modified operations due to COVID-19.

As of July 19, 2019, the reporting aspects of this case remains pending. The case remains ongoing for just that reporting.

Summary Authors

Averyn Lee (9/22/2020)

Chandler Hart-McGonigle (11/15/2020)

Zofia Peach (2/23/2021)

Jonah Hudson-Erdman (7/28/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17108130/parties/fernandez-rodriguez-v-licon-vitale/


Judge(s)

Ramos, Edgardo (New York)

Attorneys(s) for Plaintiff

Devlin−Brown, Arlo (New York)

Kala, Ishita (New York)

Margulies, Adam Z. (New York)

Ruffino, Andrew Arthur (New York)

Sprague, Timothy C (New York)

Vinegrad, Alan (New York)

Attorneys(s) for Defendant

Barnea, Jean-David (New York)

Berman, Geoffrey S. (New York)

Hu, Jessica Jean (New York)

Judge(s)

Ramos, Edgardo (New York)

Attorneys(s) for Plaintiff

Devlin−Brown, Arlo (New York)

Kala, Ishita (New York)

Margulies, Adam Z. (New York)

Ruffino, Andrew Arthur (New York)

Sprague, Timothy C (New York)

Vinegrad, Alan (New York)

Attorneys(s) for Defendant

Barnea, Jean-David (New York)

Berman, Geoffrey S. (New York)

Hu, Jessica Jean (New York)

Rovner, Allison (New York)

Expert/Monitor/Master

Giftos, Jonathan MD (New York)

Von Dorum, Deirdre D (New York)

Documents in the Clearinghouse

Document

1:20-cv-03315

Docket [PACER]

Feb. 19, 2021

Feb. 19, 2021

Docket

1:20-cv-03315

Docket [PACER]

July 19, 2021

July 19, 2021

Docket
1

1:20-cv-03315

Class Action Petition Seeking Writs of Habeas Corpus

April 28, 2020

April 28, 2020

Complaint
7, 7-1 to 7-4, 8, 9, & 11-14

1:20-cv-03315

Declarations in Support of Plaintiff's Emergency Motion for Order to Show Cause and Temporary Restraining Order ECF 4

April 28, 2020

April 28, 2020

Declaration/Affidavit
5 & 4 & 6-1

1:20-cv-03315

Memorandum of Law in Support of Petitioners' Motion for a Temporary Restraining Order and a Preliminary Injunction

April 28, 2020

April 28, 2020

Pleading / Motion / Brief
46, 47

1:20-cv-03315

Notice of Motion to Dismiss Certain Claims for Relief

May 20, 2020

May 20, 2020

Pleading / Motion / Brief
50, 52, 53

1:20-cv-03315

Notice of Motion and Declarations in Support

May 26, 2020

May 26, 2020

Pleading / Motion / Brief
51 (incl. 51-1 to 51-34)

1:20-cv-03315

Declaration of Arlo Devlin-Brown

May 26, 2020

May 26, 2020

Declaration/Affidavit
57

1:20-cv-03315

Petitioners' Memorandum of Law in Opposition to Respondent's Partial Motion to Dismiss

May 27, 2020

May 27, 2020

Pleading / Motion / Brief
54 (incl. 54-1 to 54-41)

1:20-cv-03315

Declaration of Ishita Kala

May 27, 2020

May 27, 2020

Declaration/Affidavit

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17108130/fernandez-rodriguez-v-licon-vitale/

Last updated Aug. 5, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19615891)Document filed by Jonathan Medina, Cesar Fernandez-Rodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP

Case Opening Initial Assignment Notice

April 28, 2020

April 28, 2020

PACER
2

CIVIL COVER SHEET filed..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to Marti Licon-Vitale, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
4

EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
5

MEMORANDUM OF LAW in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
6

MEMORANDUM OF LAW in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Appendix A - Petitioner Summary Chart).(Devlin-Brown, Arlo) (Entered: 04/28/2020)

1 Appendix A - Petitioner Summary Chart

View on PACER

April 28, 2020

April 28, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)

April 28, 2020

April 28, 2020

PACER
7

DECLARATION of Deirdre D. von Dornum in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Exhibit A - Email from David Patton to Nicole McFarland, # 2 Exhibit B - Email from Seth D. Eichenholtz to Deirdre von Dornum, # 3 Exhibit C - Letter from David Patton to Nicole McFarland, # 4 Exhibit D - Letter from Warden M. Licon-Vitale to David Patton).(Devlin-Brown, Arlo) (Entered: 04/28/2020)

1 Exhibit A - Email from David Patton to Nicole McFarland

View on RECAP

2 Exhibit B - Email from Seth D. Eichenholtz to Deirdre von Dornum

View on PACER

3 Exhibit C - Letter from David Patton to Nicole McFarland

View on PACER

4 Exhibit D - Letter from Warden M. Licon-Vitale to David Patton

View on PACER

April 28, 2020

April 28, 2020

PACER

Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)

April 28, 2020

April 28, 2020

PACER

Case Designated ECF. (pne)

April 28, 2020

April 28, 2020

PACER
8

DECLARATION of Dr. Jonathan Giftos in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
9

DECLARATION of Cesar Fernandez-Rodriguez in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
10

ELECTRONIC SUMMONS ISSUED as to Marti Licon-Vitale..(pne) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
11

DECLARATION of Rober Galvez-Chimbo in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
12

DECLARATION of Sharon Hatcher in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
13

DECLARATION of Jonathan Medina in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
14

DECLARATION of James Woodson in Support re: 4 EMERGENCY MOTION for Order to Show Cause and Temporary Restraining Order.. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
15

ORDER re: 4 EMERGENCY MOTION for Order to Show Cause: The Court is in receipt of the petitioners' Proposed Order to Show Cause and Temporary Restraining Order, Doc. 4. The parties are directed to appear for a teleconference to consider the proposed temporary restraining order tomorrow, April 29, 2020, at 1:00 p.m. The parties may dial (877) 411-9748 and enter access code 302 9857 at that time. The petitioners are directed to serve a copy of this Order on the Office of the U.S. Attorney for the Southern District of New York via electronic mail by 6:00 p.m. today, April 28, 2020. (Telephone Conference set for 4/29/2020 at 01:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 4/28/2020) (jwh) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP
16

NOTICE OF APPEARANCE by Andrew Arthur Ruffino on behalf of Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Ruffino, Andrew) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
17

NOTICE OF APPEARANCE by Alan Mark Vinegrad on behalf of Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Vinegrad, Alan) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
18

NOTICE OF APPEARANCE by Jean-David Barnea on behalf of Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
19

NOTICE OF APPEARANCE by Allison Rovner on behalf of Marti Licon-Vitale..(Rovner, Allison) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
20

CERTIFICATE OF SERVICE of Order and the underlying papers upon which it is based served on Marti Licon-Vitale on April 28, 2020. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
21

NOTICE OF APPEARANCE by Jessica Jean Hu on behalf of Marti Licon-Vitale..(Hu, Jessica) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER

Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 4/29/2020. Counsel for Petitioners and Respondents appeared by telephone. The Court reserved its ruling regarding Petitioners' application for a temporary restraining order. A hearing will be held on May 4, 2020 at 1:00 PM. (jar)

April 29, 2020

April 29, 2020

PACER
22

ORDER: As stated on the record at the April 29, 2020 hearing, the parties are directed to appear for a status teleconference on Monday, May 4, 2020 at 1:00 p.m. The parties may dial (877) 411-9748 and enter access code 302 9857 at that time. It is SO ORDERED., ( Telephone Status Conference set for 5/4/2020 at 01:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 5/01/2020) (ama) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP
23

LETTER addressed to Judge Edgardo Ramos from USA dated 5/1/20 re: Court Conference. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
24

LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 4, 2020 re: Respondent's May 1, 2020 Letter at ECF Dkt. No. 23. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Exhibit A - Resume of Dr. Homer Venters).(Devlin-Brown, Arlo) (Entered: 05/04/2020)

1 Exhibit A - Resume of Dr. Homer Venters

View on PACER

May 4, 2020

May 4, 2020

PACER
25

DECLARATION of Deirdre D. von Dornum in response to specific factual claims made by the MCC in the government's letter of May 1, 2020 at ECF Dkt. No. 23. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson. (Attachments: # 1 Exhibit A - Woodson Denial of Compassionate Release).(Devlin-Brown, Arlo) (Entered: 05/04/2020)

1 Exhibit A - Woodson Denial of Compassionate Release

View on PACER

May 4, 2020

May 4, 2020

PACER

Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 5/4/2020. Counsel for Petitioners and Respondents appeared by telephone. For the reasons stated on the record, Petitioners' application for a temporary restraining order is denied. The parties are directed to submit papers regarding site inspection by Wednesday, May 6, 2020. The parties are shall submit a joint case management plan by Thursday, May 7, 2020. (jar)

May 4, 2020

May 4, 2020

PACER
26

TRANSCRIPT of Proceedings re: CONFERENCE held on 4/29/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2020. Redacted Transcript Deadline set for 6/5/2020. Release of Transcript Restriction set for 8/3/2020..(McGuirk, Kelly) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
27

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/29/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
28

PROPOSED PROTECTIVE ORDER. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
29

PRIVACY ACT ORDER AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Edgardo Ramos on 5/6/2020) (cf) Modified on 5/6/2020 (cf). (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

RECAP
30

JOINT LETTER addressed to Judge Edgardo Ramos from AUSA Allison Rovner dated May 6, 2020 re: site inspection parameters. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
31

PROPOSED CASE MANAGEMENT PLAN. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, Jonathan Medina, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
32

INSPECTION ORDER: The Court has reviewed the joint letter submitted by the parties on May 6, 2020, Doc. 30. The Court orders as follows: (As further set forth herein this Order.) It is SO ORDERED. (Signed by Judge Edgardo Ramos on 5/7/2020) (va) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

RECAP
33

LETTER addressed to Judge Edgardo Ramos from Jessica Jean Hu dated May 7, 2020 re: MCC Response Date for Requests for Compassionate Release. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
34

CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: Fact Deposition due by 5/21/2020. All Discovery due by 5/28/2020. (Signed by Judge Edgardo Ramos on 5/7/2020) (mro) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
35

LETTER addressed to Judge Edgardo Ramos from Jessica Jean Hu dated May 8, 2020 re: Status Report. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
36

TRANSCRIPT of Proceedings re: CONFERENCE held on 5/4/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2020. Redacted Transcript Deadline set for 6/12/2020. Release of Transcript Restriction set for 8/10/2020..(McGuirk, Kelly) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
37

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/4/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
38

JOINT LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/12/20 re: Inmate Depositions. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
39

MEMO ENDORSEMENT on re: 38 Letter filed by Marti Licon-Vitale. ENDORSEMENT: The application is granted. (Signed by Judge Edgardo Ramos on 5/13/2020) (mro) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

RECAP
40

LETTER addressed to Judge Edgardo Ramos from JESSICA JEAN HU dated May 13, 2020 re: Status Home Confinement Reviews. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
41

NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Marti Licon-Vitale. Document filed by Jonathan Medina. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Ruffino, Andrew) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER

Notice to Court Regarding Voluntary Dismissal

May 18, 2020

May 18, 2020

PACER

***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 41 Notice of Voluntary Dismissal, was reviewed and referred to Judge Edgardo Ramos for approval for the following reason(s): only one plaintiff filed their voluntary dismissal against the defendant. (tp)

May 18, 2020

May 18, 2020

PACER
42

NOTICE OF VOLUNTARY DISMISSAL OF PETITIONER JONATHAN MEDINA PURSUANT TO RULE 41(a)(1)(A)(i): Please take notice that, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Petitioner Jonathan Medina does hereby withdraw as a class representative in this action, and voluntarily dismisses, without prejudice, his claims asserted against Respondent. This notice is without prejudice to the claims asserted by the other Petitioners in this action on behalf of themselves and the putative class. Jonathan Medina (individually and on behalf of all others similarly situated) terminated. (Signed by Judge Edgardo Ramos on 5/18/2020) (mro) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

RECAP
43

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel to preclude petitioners from submitting testimony from late-identified inmates addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/18/20. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) Modified on 7/14/2020 (db). (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
44

LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 19, 2020 re: 43 LETTER MOTION to Compel to preclude petitioners from submitting testimony from late-identified inmates addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/18/20. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
45

ORDER granting in part and denying in part 43 Letter Motion to Compel. The Court is in receipt of the petitioners' letter of May 19, 2020, Doc. 44. The respondent's application is GRANTED in part and DENIED in part. All declarations or statements from MCC inmates must be from inmates identified to the respondent by Friday, May 22, 2020. The respondent may depose any such inmate on or before May 28, 2020. (Signed by Judge Edgardo Ramos on 5/19/2020) (mro) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

RECAP

Set/Reset Deadlines: Deposition due by 5/28/2020. (mro)

May 19, 2020

May 19, 2020

PACER
46

MOTION to Dismiss Certain Claims for Relief. Document filed by Marti Licon-Vitale. Responses due by 5/27/2020.(Hu, Jessica) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
47

MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss Certain Claims for Relief. . Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
48

LETTER MOTION to Seal addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 26, 2020., LETTER MOTION for Leave to File Excess Pages addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated May 26, 2020. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
49

ORDER granting 48 Letter Motion to Seal; granting 48 Letter Motion for Leave to File Excess Pages: The application is GRANTED. The petitioners may file a memorandum of law of up to 30 pages. The petitioners may also file discovery documents designated as Protected Information under seal. The petitioners are directed to do so via ECF and need not do so via physical delivery. (Signed by Judge Edgardo Ramos on 5/26/2020) (jwh) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

RECAP
50

MOTION for Preliminary Injunction . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. Return Date set for 6/2/2020 at 10:00 AM..(Devlin-Brown, Arlo) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
51

DECLARATION of Arlo Devlin-Brown in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 1 - Facility Evaluation of the Metropolitan Correctional Center by Dr. Homer S. Venters, # 2 Exhibit 2 - Declaration of Cesar Fernandez_Rodriguez, dated April 27, 2020, # 3 Exhibit 3 - Declaration of Rober Galvez Chimbo, dated April 27, 2020, # 4 Exhibit 4 - Declaration of Sharon Hatcher, dated April 24, 2020, # 5 Exhibit 5 - Declaration of James Woodson, dated April 24, 2020, # 6 Exhibit 6 - Declaration of Vinicius Andrade, dated May 15, 2020, # 7 Exhibit 7 - Declaration of Robert Barnes, dated May 18, 2020, # 8 Exhibit 8 - Declaration of Armando Beniquez, dated May 26, 2020, # 9 Exhibit 9 - Declaration of Randolph Bourgoin, dated May 18, 2020, # 10 Exhibit 10 - Declaration of William Bradley, dated May 20, 2020, # 11 Exhibit 11 - Declaration of Terrell Brown, dated May 15, 2020, # 12 Exhibit 12 - Declaration of David Crosby, dated May 26, 2020, # 13 Exhibit 13 - Declaration of Franklyn Dansowah, dated May 21, 2020, # 14 Exhibit 14 - Declaration of Darius Davis, dated May 11, 2020, # 15 Exhibit 15 - Declaration of Tiffany Days, dated May 18, 2020, # 16 Exhibit 16 - Declaration of Manolo Dones, dated May 20, 2020, # 17 Exhibit 17 - Declaration of Michael Falu, dated May 8, 2020, # 18 Exhibit 18 - Declaration of Anthony Flynn, dated May 15, 2020, # 19 Exhibit 19 - Declaration of Carlos Garcia, dated May 13, 2020, # 20 Exhibit 20 - Declaration of Rodney Griffin, dated May 20, 2020, # 21 Exhibit 21 - Declaration of Chris Karimbux, dated May 19, 2020, # 22 Exhibit 22 - Declaration of Anthony Luna, dated May 18, 2020, # 23 Exhibit 23 - Declaration of Emil Matute, dated May 20, 2020, # 24 Exhibit 24 - Declaration of Richard Michel, dated May 18, 2020, # 25 Exhibit 25 - Declaration of Ahmad Jamal Naqvi, dated May 12, 2020, # 26 Exhibit 26 - Declaration of Carolyn Richardson, dated May 18, 2020, # 27 Exhibit 27 - Declaration of Adrienne Roberts, dated May 22, 2020, # 28 Exhibit 28 - Declaration of Joseph Schiliro, dated May 18, 2020, # 29 Exhibit 29 - Declaration of Antonio Smith, dated May 22, 2020, # 30 Exhibit 30 - Declaration of Jorge Soto, dated May 18, 2020, # 31 Exhibit 31 - Declaration of Nicolas Sucich, dated May 13, 2020, # 32 Exhibit 32 - Declaration of Tyler Toro, dated May 22, 2020, # 33 Exhibit 33 - Declaration of Wilbert Turner, dated May 18, 2020, # 34 Exhibit 34 - Declaration of Guillermo Zegarra-Martinez, dated May 18, 2020).(Devlin-Brown, Arlo) (Entered: 05/26/2020)

1 Exhibit 1 - Facility Evaluation of the Metropolitan Correctional Center by Dr.

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2 Exhibit 2 - Declaration of Cesar Fernandez_Rodriguez, dated April 27, 2020

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3 Exhibit 3 - Declaration of Rober Galvez Chimbo, dated April 27, 2020

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4 Exhibit 4 - Declaration of Sharon Hatcher, dated April 24, 2020

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5 Exhibit 5 - Declaration of James Woodson, dated April 24, 2020

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6 Exhibit 6 - Declaration of Vinicius Andrade, dated May 15, 2020

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7 Exhibit 7 - Declaration of Robert Barnes, dated May 18, 2020

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8 Exhibit 8 - Declaration of Armando Beniquez, dated May 26, 2020

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9 Exhibit 9 - Declaration of Randolph Bourgoin, dated May 18, 2020

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10 Exhibit 10 - Declaration of William Bradley, dated May 20, 2020

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11 Exhibit 11 - Declaration of Terrell Brown, dated May 15, 2020

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12 Exhibit 12 - Declaration of David Crosby, dated May 26, 2020

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13 Exhibit 13 - Declaration of Franklyn Dansowah, dated May 21, 2020

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14 Exhibit 14 - Declaration of Darius Davis, dated May 11, 2020

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15 Exhibit 15 - Declaration of Tiffany Days, dated May 18, 2020

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16 Exhibit 16 - Declaration of Manolo Dones, dated May 20, 2020

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17 Exhibit 17 - Declaration of Michael Falu, dated May 8, 2020

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18 Exhibit 18 - Declaration of Anthony Flynn, dated May 15, 2020

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19 Exhibit 19 - Declaration of Carlos Garcia, dated May 13, 2020

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20 Exhibit 20 - Declaration of Rodney Griffin, dated May 20, 2020

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21 Exhibit 21 - Declaration of Chris Karimbux, dated May 19, 2020

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22 Exhibit 22 - Declaration of Anthony Luna, dated May 18, 2020

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23 Exhibit 23 - Declaration of Emil Matute, dated May 20, 2020

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24 Exhibit 24 - Declaration of Richard Michel, dated May 18, 2020

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25 Exhibit 25 - Declaration of Ahmad Jamal Naqvi, dated May 12, 2020

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26 Exhibit 26 - Declaration of Carolyn Richardson, dated May 18, 2020

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27 Exhibit 27 - Declaration of Adrienne Roberts, dated May 22, 2020

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28 Exhibit 28 - Declaration of Joseph Schiliro, dated May 18, 2020

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29 Exhibit 29 - Declaration of Antonio Smith, dated May 22, 2020

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30 Exhibit 30 - Declaration of Jorge Soto, dated May 18, 2020

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31 Exhibit 31 - Declaration of Nicolas Sucich, dated May 13, 2020

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32 Exhibit 32 - Declaration of Tyler Toro, dated May 22, 2020

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33 Exhibit 33 - Declaration of Wilbert Turner, dated May 18, 2020

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34 Exhibit 34 - Declaration of Guillermo Zegarra-Martinez, dated May 18, 2020

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May 26, 2020

May 26, 2020

PACER
52

DECLARATION of Andrew A. Ruffino in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Ruffino, Andrew) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
53

MEMORANDUM OF LAW in Support re: 50 MOTION for Preliminary Injunction . . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
54

DECLARATION of Ishita Kala in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 1 - Beaudouin Transcript, # 2 Exhibit 2 - Edge Transcript, # 3 Exhibit 3 -Fernandez Rodriguez Transcript, # 4 Exhibit 4 - Galvez-Chimbo Transcript, # 5 Exhibit 5 - Hatcher Transcript, # 6 Exhibit 6 - Hazlewood Transcript, # 7 Exhibit 7 - Licon-Vitale Transcript, # 8 Exhibit 8 - Sucich Transcript, # 9 Exhibit 9 - Woodson Transcript, # 10 Exhibit 10 - Photograph 1, # 11 Exhibit 11 - Photograph 2, # 12 Exhibit 12 - Photograph 3, # 13 Exhibit 13 - Photograph 4, # 14 Exhibit 14 - Photograph 5, # 15 Exhibit 15 - Photograph 6, # 16 Exhibit 16 - Photograph 7, # 17 Exhibit 17 - Photograph 8, # 18 Exhibit 18 - Photograph 9, # 19 Exhibit 19 - Photograph 10, # 20 Exhibit 20 - CDC Guidance, # 21 Exhibit 21 - AG Memo, # 22 Exhibit 22 - AG Memo, # 23 Exhibit 23 - Letter to Court, # 24 Exhibit 24 - BOP Memo, # 25 Exhibit 25 - Discovery Responses, # 26 Exhibit 26 - Licon-Vitale Memo, # 27 Exhibit 27 - Email compilation 1, # 28 Exhibit 28 - Email compilation 2, # 29 Exhibit 29 - Email compilation 3, # 30 Exhibit 30 - Email compilation 4, # 31 Exhibit 31 - Email compilation 5, # 32 Exhibit 32 - Quarantine Isolation Flowsheet, # 33 Exhibit 33 - BOP Memo April 22, # 34 Exhibit 34 - BOP Memo April 15, # 35 Exhibit 35 - Edge Email, # 36 Exhibit 36- Email compilation 6, # 37 Exhibit 37 - Health Services Activity Report, # 38 Exhibit 38 - BOP Memo April 3, # 39 Exhibit 39 - BOP Memo May 8, # 40 Exhibit 40 - Table, # 41 Exhibit 41 - Compilation of Rosters).(Kala, Ishita) (Entered: 05/27/2020)

1 Exhibit 1 - Beaudouin Transcript

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2 Exhibit 2 - Edge Transcript

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3 Exhibit 3 -Fernandez Rodriguez Transcript

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4 Exhibit 4 - Galvez-Chimbo Transcript

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5 Exhibit 5 - Hatcher Transcript

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6 Exhibit 6 - Hazlewood Transcript

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7 Exhibit 7 - Licon-Vitale Transcript

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8 Exhibit 8 - Sucich Transcript

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9 Exhibit 9 - Woodson Transcript

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10 Exhibit 10 - Photograph 1

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11 Exhibit 11 - Photograph 2

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12 Exhibit 12 - Photograph 3

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13 Exhibit 13 - Photograph 4

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14 Exhibit 14 - Photograph 5

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15 Exhibit 15 - Photograph 6

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16 Exhibit 16 - Photograph 7

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17 Exhibit 17 - Photograph 8

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18 Exhibit 18 - Photograph 9

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19 Exhibit 19 - Photograph 10

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20 Exhibit 20 - CDC Guidance

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21 Exhibit 21 - AG Memo

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22 Exhibit 22 - AG Memo

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23 Exhibit 23 - Letter to Court

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24 Exhibit 24 - BOP Memo

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25 Exhibit 25 - Discovery Responses

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26 Exhibit 26 - Licon-Vitale Memo

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27 Exhibit 27 - Email compilation 1

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28 Exhibit 28 - Email compilation 2

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29 Exhibit 29 - Email compilation 3

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30 Exhibit 30 - Email compilation 4

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31 Exhibit 31 - Email compilation 5

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32 Exhibit 32 - Quarantine Isolation Flowsheet

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33 Exhibit 33 - BOP Memo April 22

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34 Exhibit 34 - BOP Memo April 15

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35 Exhibit 35 - Edge Email

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36 Exhibit 36- Email compilation 6

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37 Exhibit 37 - Health Services Activity Report

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38 Exhibit 38 - BOP Memo April 3

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39 Exhibit 39 - BOP Memo May 8

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40 Exhibit 40 - Table

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41 Exhibit 41 - Compilation of Rosters

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May 27, 2020

May 27, 2020

RECAP
55

***SELECTED PARTIES***DECLARATION of Ishita Kala in Support re: 50 MOTION for Preliminary Injunction .. Document filed by Cesar Fernandez-Rodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson, Marti Licon-Vitale. (Attachments: # 1 Errata 1 - Beaudouin Transcript, # 2 Exhibit 2 - Edge Transcript, # 3 Exhibit 3 - Fernandez Rodriguez Transcript, # 4 Exhibit 4 - Galvez-Chimbo Transcript, # 5 Exhibit 5 - Hatcher Transcript, # 6 Exhibit 6 - Hazlewood Transcript, # 7 Exhibit 7 - Licon-Vitale Transcript, # 8 Exhibit 8 - Sucich Transcript, # 9 Exhibit 9 - Woodson Transcript, # 10 Exhibit 10 - Photograph 1, # 11 Exhibit 11 - Photograph 2, # 12 Exhibit 12 - Photograph 3, # 13 Exhibit 13 - Photograph 4, # 14 Exhibit 14 - Photograph 5, # 15 Exhibit 15 - Photograph 6, # 16 Exhibit 16 - Photograph 7, # 17 Exhibit 17 - Photograph 8, # 18 Exhibit 18 - Photograph 9, # 19 Exhibit 19 - Photograph 10, # 20 Exhibit 20 - CDC Guidance, # 21 Exhibit 21 - AG Memo, # 22 Exhibit 22 - AG Memo, # 23 Exhibit 23 - Letter to Court, # 24 Exhibit 24 - BOP Memo, # 25 Exhibit 25 - Discovery Responses, # 26 Exhibit 26 - Licon-Vitale Memo, # 27 Exhibit 27 - Email compilation 1, # 28 Exhibit 28 - Email compilation 2, # 29 Exhibit 29 - Email compilation 3, # 30 Exhibit 30 - Email compilation 4, # 31 Exhibit 31 - Email compilation 5, # 32 Exhibit 32 - Quarantine Isolation Flowsheet, # 33 Exhibit 33 - BOP Memo April 22, # 34 Exhibit 34 - BOP Memo April 15, # 35 Exhibit 35 - Edge Email, # 36 Exhibit 36 - Email compilation 6, # 37 Errata 37 - Health Services Activity Report, # 38 Exhibit 38 - BOP Memo April 3, # 39 Exhibit 39 - BOP Memo May 8, # 40 Exhibit 40 - Table, # 41 Exhibit 41 - Compilation of Rosters)Motion or Order to File Under Seal: 49 .(Kala, Ishita) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
56

ORDER: A status conference will be held on May 29, 2020 at 2:00 p.m. The parties are instructed to call (877) 411-9748 and type in the access code 3029857. The principal subject of the status conference will be logistics for the preliminary injunction hearing to be held on June 2, 2020. (Telephone Conference set for 5/29/2020 at 02:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 5/27/2020) (jwh) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

RECAP
57

MEMORANDUM OF LAW in Opposition re: 46 MOTION to Dismiss Certain Claims for Relief. . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
58

LETTER MOTION for Leave to File Excess Pages addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/29/20., LETTER MOTION to Seal Certain Exhibits addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 5/29/20. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
59

MEMORANDUM OF LAW in Opposition re: 50 MOTION for Preliminary Injunction . . Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
60

DECLARATION of AUSA Jean-David Barnea in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit Licon-Vitale Letter, # 2 Exhibit Licon-Vitale Memo).(Barnea, Jean-David) (Entered: 05/29/2020)

1 Exhibit Licon-Vitale Letter

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2 Exhibit Licon-Vitale Memo

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May 29, 2020

May 29, 2020

PACER
61

DECLARATION of Dr. Robert Beaudouin in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22).(Barnea, Jean-David) (Entered: 05/29/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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20 Exhibit 20

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21 Exhibit 21

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22 Exhibit 22

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May 29, 2020

May 29, 2020

PACER
62

DECLARATION of Neal Sandy in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
63

***SELECTED PARTIES***DECLARATION of Neal Sandy in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale, Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Motion or Order to File Under Seal: 58 .(Barnea, Jean-David) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
64

DECLARATION of Patrick Mcfarland in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

RECAP
65

DECLARATION of Schnahider Demosthenes in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7).(Hu, Jessica) (Entered: 05/29/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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May 29, 2020

May 29, 2020

PACER
66

DECLARATION of Charisma Edge in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20, # 20 Exhibit 21, # 21 Exhibit 22).(Rovner, Allison) (Entered: 05/29/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 8

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8 Exhibit 9

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9 Exhibit 10

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10 Exhibit 11

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11 Exhibit 12

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12 Exhibit 13

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13 Exhibit 14

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14 Exhibit 15

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15 Exhibit 16

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16 Exhibit 17

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17 Exhibit 18

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18 Exhibit 19

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19 Exhibit 20

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20 Exhibit 21

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21 Exhibit 22

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May 29, 2020

May 29, 2020

PACER
67

***SELECTED PARTIES***DECLARATION of Charisma Edge in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale, Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 7-Part 1, # 2 Exhibit 7-Part 2, # 3 Exhibit 7-Part 3)Motion or Order to File Under Seal: 58 .(Rovner, Allison) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER

Minute Entry for proceedings held before Judge Edgardo Ramos: Telephone Conference held on 5/29/2020. Plaintiffs' and Defendant's counsel appeared by telephone. A motion hearing will be held on June 2, 2020. (jar)

May 29, 2020

May 29, 2020

PACER
68

DECLARATION of AUSA Allison M. Rovner in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1.1, # 3 Exhibit 1.2, # 4 Exhibit 1.3, # 5 Exhibit 1.4, # 6 Exhibit 2, # 7 Exhibit 2.2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11).(Rovner, Allison) (Entered: 05/30/2020)

1 Exhibit 1

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2 Exhibit 1.1

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3 Exhibit 1.2

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4 Exhibit 1.3

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5 Exhibit 1.4

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6 Exhibit 2

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7 Exhibit 2.2

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8 Exhibit 3

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9 Exhibit 4

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10 Exhibit 5

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11 Exhibit 6

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12 Exhibit 7

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13 Exhibit 8

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14 Exhibit 9

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15 Exhibit 10

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16 Exhibit 11

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May 30, 2020

May 30, 2020

PACER
69

***SELECTED PARTIES***DECLARATION of AUSA Allison M. Rovner in Opposition re: 50 MOTION for Preliminary Injunction .. Document filed by Marti Licon-Vitale, Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit 2.1, # 2 Exhibit 12)Motion or Order to File Under Seal: 58 .(Rovner, Allison) (Entered: 05/30/2020)

May 30, 2020

May 30, 2020

PACER
70

SCHEDULING ORDER: A preliminary injunction hearing is set for June 2, 2020 at 10:00 a.m. The conference will be hosted on Skype for Business and will be open to the public. Counsel intending to speak at the conference should e-mail the Court 24 hours before the conference to receive a link to join the video call. Non-speaking parties, the public, and the press may dial (877) 411-9748 and enter Conference ID: 3029857 to listen to the proceedings. (Signed by Judge Edgardo Ramos on 6/1/2020) (jar) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
71

ORDER granting 58 Letter Motion for Leave to File Excess Pages; granting 58 Letter Motion to Seal. The application is GRANTED. The respondent may file certain exhibits to its forthcoming opposition to the petitioner's motion for a preliminary injunction under seal. She may provide a courtesy copy of the unsealed documents to Chambers via email. The respondent is further allowed to submit a memorandum of law of no more than 45 pages. The petitioners may submit a reply of no more than 20 pages. (Signed by Judge Edgardo Ramos on 5/29/2020) (mro) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

RECAP
72

NOTICE of Filing of rebuttal declaration of Petitioners expert witness Dr. Homer S. Venters. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit A - Venters Rebuttal Report and Exhibits).(Devlin-Brown, Arlo) (Entered: 06/01/2020)

1 Exhibit A - Venters Rebuttal Report and Exhibits

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June 1, 2020

June 1, 2020

PACER
73

REPLY MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss Certain Claims for Relief. . Document filed by Marti Licon-Vitale..(Hu, Jessica) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
74

REPLY MEMORANDUM OF LAW in Support re: 50 MOTION for Preliminary Injunction . . Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER

Minute Entry for proceedings held before Judge Edgardo Ramos: Oral Argument held on 6/2/2020 re: 50 MOTION for Preliminary Injunction filed by Cesar Fernandez-Rodriguez, Sharon Hatcher, Rober Galvez-Chimbo, James Woodson. The Court reserves its decision. (jar)

June 2, 2020

June 2, 2020

PACER
75

LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/5/20 re: Supplemental Authorities. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
76

LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 8, 2020 re: Petitioners response to Respondent's 6/5/20 letter regarding supplemental authorities. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
77

LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/9/20 re: Supplemental Authorities. Document filed by Marti Licon-Vitale. (Attachments: # 1 Exhibit Chunn Decision, # 2 Exhibit Wilson Decision).(Barnea, Jean-David) (Entered: 06/09/2020)

1 Exhibit Chunn Decision

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2 Exhibit Wilson Decision

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June 9, 2020

June 9, 2020

PACER
78

LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 10, 2020 re: Response to Respondent's letter regarding Supplemental Authorities. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
79

LETTER MOTION for Extension of Time to File Response/Reply as to 1 Petition for Writ of Habeas Corpus, and to inform the Court that the parties are not able to agree on settlement addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/16/20. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
80

LETTER addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 6/16/20 re: Supplemental Authorities. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
81

LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 17, 2020 re: Response to Respondent's 6/16/20 letter regarding Supplemental Authorities. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson..(Devlin-Brown, Arlo) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

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82

TRANSCRIPT of Proceedings re: CONFERNECE held on 6/2/2020 before Judge Edgardo Ramos. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/9/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/16/2020..(McGuirk, Kelly) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
83

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 6/2/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
84

LETTER addressed to Judge Edgardo Ramos from Arlo Devlin-Brown dated June 18, 2020 re: Supplemental Authority. Document filed by Cesar Fernandez-Rodriguez, Rober Galvez-Chimbo, Sharon Hatcher, James Woodson. (Attachments: # 1 Exhibit A - Banks Opinion, # 2 B - Banks Order).(Devlin-Brown, Arlo) (Entered: 06/18/2020)

1 Exhibit A - Banks Opinion

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2 B - Banks Order

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June 18, 2020

June 18, 2020

PACER
85

ORDER granting 79 Letter Motion for Extension of Time to File Response/Reply. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
86

LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 6/19/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP

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

June 19, 2020

June 19, 2020

PACER
87

LETTER addressed to Judge Edgardo Ramos from AUSA Allison Rovner dated June 22, 2020 re: Response to Petitioners' June 18, 2020 letter regarding Supplemental Authority. Document filed by Marti Licon-Vitale..(Rovner, Allison) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
88

LETTER addressed to Judge Edgardo Ramos from MCC Warden Licon-Vitale dated 7/2/20 re: Voluntary Report. Document filed by Marti Licon-Vitale..(Barnea, Jean-David) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 28, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five detainees at the Metropolitan Correctional Center, who are at special risk from COVID-19 due to underlying medical conditions, seeking release from detention and enforcement of preventative measures. The proposed class includes all current and future detainees in custody at the MCC during the course of the COVID-19 pandemic.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Metropolitan Correctional Center Warden, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run