Case: Martinez v. Cuomo

1:20-cv-03338 | U.S. District Court for the Southern District of New York

Filed Date: May 17, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: On April 29, 2020, four individuals with disabilities and Disability Rights New York sued the Governor of New York State for the absence of live televised American Sign Language (ASL) interpretation on the Governor’s daily televised briefings. Given the COVID-19 pandemic, the plaintiffs alleged that lack of live ASL accommodations discriminated against populations with disabilities residing in New York. On April 29, four individuals with disabilities and Disability Rights New …

COVID-19 Summary: On April 29, 2020, four individuals with disabilities and Disability Rights New York sued the Governor of New York State for the absence of live televised American Sign Language (ASL) interpretation on the Governor’s daily televised briefings. Given the COVID-19 pandemic, the plaintiffs alleged that lack of live ASL accommodations discriminated against populations with disabilities residing in New York.


On April 29, four individuals with disabilities and Disability Rights New York filed this lawsuit against Andrew Cuomo, the Governor of New York State, as a declaratory and injunctive action. The plaintiffs alleged that the absence of live televised American Sign Language (ASL) interpretation in Governor Cuomo’s daily televised briefings on COVID-19 discriminated against populations with disabilities residing in New York, violating the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act. Further, the plaintiffs added that New York residents already faced disproportionate health risks from the pandemic and that every other state in the nation has provided some form of live televised ASL. The case was filed at the U.S District Court for the Southern District of New York and assigned to Valerie E. Canroni.

The plaintiffs immediately sought a Temporary Restraining Order and preliminary injunction requiring New York to immediately include live in-frame ASL interpretation for all the governor's briefings addressed to New York residents. The plaintiffs also sought attorney fees and were represented by Disability Rights New York. The state's opposition argued that they complied with the ADA and 504 by providing closed captioning and ASL interpretation through the Governor’s website.

The Court granted the preliminary injunction on May 11, and ordered Governor Cuomo to immediately implement live, in-frame ASL interpretation for his daily press briefings. 2020 WL 2393285.

Settlement discussions are proceeding and the case is ongoing.

Summary Authors

Averyn Lee (5/17/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17109298/parties/martinez-v-cuomo/


Judge(s)

Caproni, Valerie Elaine (New York)

Attorneys(s) for Plaintiff

Barlow, Jessica (New York)

Fliedner, Marc (New York)

Attorneys(s) for Defendant

Amer, Andrew Stuart (New York)

James, Letitia (New York)

Judge(s)

Caproni, Valerie Elaine (New York)

Attorneys(s) for Plaintiff

Barlow, Jessica (New York)

Fliedner, Marc (New York)

Attorneys(s) for Defendant

Amer, Andrew Stuart (New York)

James, Letitia (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

May 12, 2020 Docket
1

Complaint

April 29, 2020 Complaint
4 (& 4-1 to 4-3)

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

April 29, 2020 Pleading / Motion / Brief
12, 13

Declaration of Tim Ruffinen in Opposition to Plaintiffs' Motion for a Preliminary Injunction and Defendant's Memorandum of Law in Opposition to Plaintiff

May 4, 2020 Pleading / Motion / Brief
17, 17-1

Reply Memorandum of Law in Support of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction

May 7, 2020 Pleading / Motion / Brief
21

Opinion and Order

459 F.Supp.3d 517, 2020 WL 2393285

May 12, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17109298/martinez-v-cuomo/

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

ECF Number Description Date Link
1

COMPLAINT against Andrew M. Cuomo. (Filing Fee $ 400.00, Receipt Number ANYSDC-19629435)Document filed by Disability Rights New York, James Hallenbeck, Douglas Nguyen, Dennis Martinez, Jill Wildberger..(Barlow, Jessica) (Entered: 04/29/2020)

April 29, 2020 RECAP

Notice to Attorney Regarding Party Modification

April 29, 2020 PACER
2

FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Barlow, Jessica) Modified on 4/29/2020 (pc). (Entered: 04/29/2020)

April 29, 2020 PACER

Notice to Attorney Regarding Deficient Civil Cover Sheet

April 29, 2020 PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to Andrew M. Cuomo, re: 1 Complaint. Document filed by Disability Rights New York, James Hallenbeck, Dennis Martinez, Douglas Nguyen, Jill Wildberger..(Barlow, Jessica) (Entered: 04/29/2020)

April 29, 2020 PACER

Case Opening Initial Assignment Notice

April 29, 2020 PACER
4

MOTION for Temporary Restraining Order . Document filed by Disability Rights New York, James Hallenbeck, Dennis Martinez, Douglas Nguyen, Jill Wildberger. (Attachments: # 1 Memo of Law, # 2 Affidavit Supporting Documents for the Memo of Law, # 3 Complaint).(Barlow, Jessica) (Entered: 04/29/2020)

1 Memo of Law

View on RECAP

2 Affidavit Supporting Documents for the Memo of Law

View on RECAP

3 Complaint

View on RECAP

April 29, 2020 RECAP

Case Designation

April 29, 2020 PACER

Case Designated ECF

April 29, 2020 PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jessica Barlow. The party information for the following party/parties has been modified: Govenor Andrew M. Cuomo. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)

April 29, 2020 PACER

Set/Reset Hearings

April 29, 2020 PACER

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

April 29, 2020 PACER

Set/Reset Deadlines

April 29, 2020 PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(pc)

April 29, 2020 PACER

Magistrate Judge Katharine H. Parker 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. (pc)

April 29, 2020 PACER

Case Designated ECF. (pc)

April 29, 2020 PACER
5

CIVIL COVER SHEET filed..(Barlow, Jessica) (Entered: 04/29/2020)

April 29, 2020 PACER
6

ELECTRONIC SUMMONS ISSUED as to Andrew M. Cuomo..(pc) (Entered: 04/29/2020)

April 29, 2020 PACER
7

ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER granting 4 Motion for TRO. ORDERED, that the above named Defendant show cause before at a teleconference, in the City, County and State of New York, on May 5, 2020 at 2:00 p.m. ORDERED that personal service of a copy of this order and annexed affidavit upon the Defendant or his Counsel on or before 5:00 o'clock in the afternoon, April 30, 2020. Plaintiff must post proof of service by close of business on May 1, 2020. Defendant must file responsive papers by May 4, 2020. The parties must appear for the hearing on May 5, 2020 at 2:00 p.m. by calling (888) 363-4749, using the access code 3121171 and the security code 6350. (Signed by Judge Valerie E. Caproni on 4/29/2020) (ama) (Entered: 04/29/2020)

April 29, 2020 RECAP

Set/Reset Hearings: Telephone Conference set for 5/5/2020 at 02:00 PM before Judge Valerie E. Caproni. (ama)

April 29, 2020 PACER

Set/Reset Deadlines: Show Cause Response due by 5/4/2020. (ama)

April 29, 2020 PACER
8

LETTER addressed to Judge Valerie E. Caproni from Jessica Barlow, Esq. dated April 29, 2020 re: Service. Document filed by Disability Rights New York, James Hallenbeck, Dennis Martinez, Douglas Nguyen, Jill Wildberger. (Attachments: # 1 Proof of Service).(Barlow, Jessica) (Entered: 04/29/2020)

1 Proof of Service

View on PACER

April 29, 2020 PACER
9

NOTICE OF APPEARANCE by Andrew Stuart Amer on behalf of Andrew M. Cuomo..(Amer, Andrew) (Entered: 04/30/2020)

April 30, 2020 PACER
10

NOTICE OF APPEARANCE by Jessica Barlow on behalf of Disability Rights New York, James Hallenbeck, Dennis Martinez, Douglas Nguyen, Jill Wildberger..(Barlow, Jessica) (Entered: 04/30/2020)

April 30, 2020 PACER
11

MEMO ENDORSEMENT on re: 8 Letter Service, filed by Disability Rights New York, Douglas Nguyen, Dennis Martinez, Jill Wildberger, James Hallenbeck. ENDORSEMENT: The service via email described in this letter is sufficient. Plaintiffs need not pursue personal service. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/30/20) (yv) (Entered: 04/30/2020)

April 30, 2020 PACER
12

DECLARATION of Tim Ruffinen in Opposition re: 4 MOTION for Temporary Restraining Order .. Document filed by Andrew M. Cuomo..(Amer, Andrew) (Entered: 05/04/2020)

May 4, 2020 RECAP
13

MEMORANDUM OF LAW in Opposition re: 4 MOTION for Temporary Restraining Order . . Document filed by Andrew M. Cuomo..(Amer, Andrew) (Entered: 05/04/2020)

May 4, 2020 RECAP
14

ORDER: IT IS HEREBY ORDERED THAT: 1. Plaintiffs may file a reply brief by May 8, 2020. 2. A referral to Magistrate Judge Parker for a settlement conference will be entered separately. SO ORDERED., ( Replies due by 5/8/2020.) (Signed by Judge Valerie E. Caproni on 5/05/2020) (ama) (Entered: 05/05/2020)

May 5, 2020 RECAP
15

ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/05/2020) (ama) (Entered: 05/05/2020)

May 5, 2020 PACER

Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 5/5/2020. Jessica Barlow and Mark Fleedner attorneys present for plaintiff. Andrew Amer attorney for defendant present. Court Reporter Andrew Walker present. (anc)

May 5, 2020 PACER
16

ORDER SCHEDULING SETTLEMENT CONFERENCE: This matter has been referred to me for settlement purposes. (Doc. No. 15.) A telephonic settlement conference in this matter is hereby scheduled for May 19, 2020 at 10:00 a.m. The parties shall use the Court Solutions platform. Parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with Judge Parkers Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than May 12, 2020 by 5:00 p.m.; as further set forth herein. ( Telephone Conference set for 5/19/2020 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 5/6/2020) (mro) (Entered: 05/06/2020)

May 6, 2020 RECAP
17

REPLY MEMORANDUM OF LAW in Support re: 4 MOTION for Temporary Restraining Order . . Document filed by Disability Rights New York, James Hallenbeck, Dennis Martinez, Douglas Nguyen, Jill Wildberger. (Attachments: # 1 Affidavit Supporting Declarations).(Barlow, Jessica) (Entered: 05/07/2020)

1 Affidavit Supporting Declarations

View on RECAP

May 7, 2020 RECAP
18

ORDER: WHEREAS on April 29, 2020, Plaintiffs filed a motion for a preliminary injunction (Dkt. 4); IT IS HEREBY ORDERED THAT: Plaintiffs' motion for a preliminary injunction is GRANTED. An opinion will follow. Defendant is directed to immediately implement in-frame ASL interpretation during his daily press briefings. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/11/2020) (ama) (Entered: 05/11/2020)

May 11, 2020 RECAP
19

LETTER addressed to Judge Valerie E. Caproni from Andrew Amer dated May 11, 2020 re: Implementing Preliminary Injunction Order. Document filed by Andrew M. Cuomo..(Amer, Andrew) (Entered: 05/11/2020)

May 11, 2020 PACER
20

LETTER addressed to Judge Valerie E. Caproni from Jessica Barlow, Esq. dated May 11, 2020 re: Defendant's Timeline for Implementing the Preliminary Injunction Order. Document filed by Disability Rights New York, James Hallenbeck, Dennis Martinez, Douglas Nguyen, Jill Wildberger..(Barlow, Jessica) (Entered: 05/12/2020)

May 12, 2020 PACER

Order

May 12, 2020 PACER
21

OPINION AND ORDER: For the foregoing reasons, Plaintiffs' motion for a preliminary injunction was GRANTED on May 11, 2020. Defendant was ordered to immediately implement in-frame ASL interpretation during his daily press briefings. If in-frame ASL translation cannot be implemented by May 13, 2020, Defendant must submit a detailed affidavit by May 13, 2020, explaining why and providing a date by which it will be implemented. The Court urges the parties to proceed with the currently-scheduled settlement conference. If the case fails to settle, the deadline for fact discovery is June 8, 2020. A pretrial conference will be held on June 12, 2020 at 10:00 a.m. SO ORDERED., ( Fact Discovery due by 6/8/2020., Pretrial Conference set for 6/12/2020 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 5/12/2020) (ama) (Entered: 05/12/2020)

May 12, 2020 RECAP
22

TRANSCRIPT of Proceedings re: CONFERENCE held on 5/5/2020 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Andrew Walker, (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 PACER
23

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/5/2020 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 PACER
24

ORDER. The Court is in receipt of Plaintiffs letter requesting that the Plaintiffs be excused from attending the telephonic settlement conference scheduled for next week due to difficulties setting up videophone relay service, among other reasons. The Court provides reasonable accommodation to litigants with disabilities and is open to utilizing any other platform that Plaintiffs believe will allow them to participate fully in the settlement conference. Alternatively, the Court will excuse Plaintiffs from attending the conference so long as they are reachable during the conference. If Plaintiffs wish to utilize a different technology, they should email Christopher Aiello at Parker_NYSDChambers@nysd.uscourts.gov and provide information about the platform. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine) (Entered: 05/12/2020)

May 12, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 5/19/2020. (tro)

May 19, 2020 PACER
25

ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties' settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 6.A of the Court's Individual Practices and (2)a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/01/2020) (ama) (Entered: 06/01/2020)

June 1, 2020 RECAP

Terminate Transcript Deadlines (ama)

June 1, 2020 PACER
26

LETTER addressed to Judge Valerie E. Caproni from Jessica Barlow, Esq. dated 6/24/2020 re: Application to Reopen. Document filed by Disability Rights New York, James Hallenbeck, Dennis Martinez, Douglas Nguyen, Jill Wildberger..(Barlow, Jessica) (Entered: 06/24/2020)

June 24, 2020 PACER
27

SCHEDULING ORDER: Telephone Conference set for 6/26/2020 at 10:00 AM before Magistrate Judge Katharine H. Parker. The parties shall email the current version of the settlement agreement to the Court by 5 p.m. today and be prepared to discuss the disputed terms tomorrow. Counsel for the parties shall use this Courts posted AT&T dial-in number and access code. The parties may email a letter describing the dispute if they wish. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine) (Entered: 06/25/2020)

June 25, 2020 PACER

Scheduling Order

June 25, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 6/26/2020. (ca)

June 26, 2020 PACER
28

SETTLEMENT AGREEMENT . Document filed by Disability Rights New York, James Hallenbeck, Dennis Martinez, Douglas Nguyen, Jill Wildberger..(Barlow, Jessica) (Entered: 06/29/2020)

June 29, 2020 RECAP
29

STIPULATION OF SETTLEMENT AND ORDER: NOW THEREFORE, in consideration of the mutual promises, covenants, representations, and other consideration contained in this Stipulation, Plaintiffs and Defendant hereby agree as follows: Upon the Court "so ordering" this Stipulation, the Action, and all claims asserted within, is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and without payments, attorney's fees, costs, disbursements, or expenses except as specified in Paragraph 5 of this Stipulation. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/29/2020) (ama) (Entered: 06/29/2020)

June 29, 2020 RECAP

State / Territory: New York

Case Type(s):

Disability Rights/Public Accommodations

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 17, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four individuals with disabilities seeking live televised American Sign Language (ASL) interpretation on Governor Cuomo’s daily televised briefings

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of New York , State

Case Details

Causes of Action:

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

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Issues

General:

Reasonable Accommodations

TTY/Close Captioning/Videophone/etc.

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

COVID-19:

Mitigation Granted

Mitigation Requested