Case: Bergamaschi v. Cuomo

1:20-cv-02817 | U.S. District Court for the Southern District of New York

Filed Date: April 3, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a putative class action challenging a New York law that requires mandatory detention of all alleged parole violators. The plaintiffs sought to enjoin application of the law and argued the lawsuit took on "particular urgency" due to the COVID-19 pandemic. The court denied the motion for preliminary injunction on April 20. Both parties filed for summary judgment in late 2020. The court granted summary judgment for the defendants on March 10, 2021 and ordered the case clo…

COVID-19 Summary: This is a putative class action challenging a New York law that requires mandatory detention of all alleged parole violators. The plaintiffs sought to enjoin application of the law and argued the lawsuit took on "particular urgency" due to the COVID-19 pandemic. The court denied the motion for preliminary injunction on April 20. Both parties filed for summary judgment in late 2020. The court granted summary judgment for the defendants on March 10, 2021 and ordered the case closed. The plaintiffs appealed.


On April 3, 2020, two individuals jailed on parole warrants filed this suit in the U.S. District Court for the Southern District of New York on behalf of a proposed class of all those on parole in New York City who were or would be detained pending final hearing on a parole warrant. Represented by the New York Civil Liberties Union, the plaintiffs sued the Governor of New York and the New York State Board of Parole under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-2202. The plaintiffs alleged that detaining them pending parole hearings violated their Due Process rights under the Fourteenth Amendment of the U.S. Constitution and the New York Constitution. They sought declaratory and injunctive relief along with attorney's fees. The case was assigned to Judge Colleen McMahon and Magistrate Judge Debra C. Freeman.

The next day, the plaintiffs filed a motion to certify the class. On April 6, the plaintiffs sought a preliminary injunction, requiring the defendants to provide the plaintiffs with: (1) immediate evaluation for those currently detained, and prompt hearing for future arrestees, which would allow detainees to be heard on their suitability for release and rebut the justifications given for their detention, (2) notice of the hearing and reasons supporting detention, (3) a neutral decision-maker, and (4) if detention was required, an explanation of why, including the evidence relied upon.

On April 20, Judge McMahon denied the motion for a preliminary injunction, finding that the New York's process for detention pending parole hearings conferred sufficient rights on alleged parole violaters. Judge McMahon also noted that, while COVID-19 was in the backdrop of the litigation, the case was not about whether detaining individuals during COVID-19 was constitutional. 2020 WL 1910754.

On May 12, the plaintiffs filed an amended complaint, and the defendants filed answers to the complaint on June 9.

The plaintiffs filed another brief in support of their motion for class certification on June 22.

The parties began to engage in discovery, which did not go smoothly. On September 14, Judge McMahon encouraged the parties to resolve their disputes because "I am not going to waste time reading your 'it's his fault/it's her fault' issues."

On October 23, defendants filed a motion for summary judgment arguing that the plaintiffs are not entitled to a custody release determination under the due process clause. Defendants argue that the due process clause does not require New York to provide a custody release hearing to parolees, and furthermore, that the complaint against the governor should also be dismissed on the basis of sovereign immunity and immunity under the 11th Amendment.

On November 20, plaintiffs filed a cross-motion for summary judgment and in opposition to the defendants' motion for summary judgment. Plaintiffs argued that they should be granted summary judgment, because the undisputed material facts demonstrate that the existing parole hearing process is not sufficient to protect plaintiffs' conditional liberty interest. Additionally, they argued that defendants' should not be granted summary judgment, because there is still a question of material facts in regard to their arguments.

On March 10, 2021, Judge Colleen McMahon issued an order granting defendants' motion for summary judgment, and denying plaintiffs' cross-motion for summary judgment, terminating all pending motions. Judgment was entered in favor of the defendants and the case was closed.

On April 5, plaintiffs appealed the judgment. Their appeal is currently pending.

Summary Authors

Caitlin Kierum (7/20/2020)

Timothy Leake (10/19/2020)

Tessa McEvoy (5/31/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17043644/parties/roberson-v-cuomo/


Judge(s)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Biklen, Molly Knopp (New York)

Desgranges, Philip L. (New York)

Dunn, Christopher (New York)

Lambright, Daniel Ross (New York)

Li, Grace Y (New York)

Stoughton, Corey (New York)

Attorneys(s) for Defendant

Amer, Andrew Stuart (New York)

James, Letitia (New York)

Yoon, Amanda (New York)

Judge(s)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Biklen, Molly Knopp (New York)

Desgranges, Philip L. (New York)

Dunn, Christopher (New York)

Lambright, Daniel Ross (New York)

Li, Grace Y (New York)

Stoughton, Corey (New York)

Attorneys(s) for Defendant

Amer, Andrew Stuart (New York)

James, Letitia (New York)

Yoon, Amanda (New York)

Documents in the Clearinghouse

Document

1:20-cv-02817

Docket [PACER]

April 5, 2021

April 5, 2021

Docket
1

1:20-cv-02817

Class Action Complaint

April 3, 2020

April 3, 2020

Complaint
5, 6, 7 (& 7-1 to 7-4), 8 (& 8-1 to 8-4)

1:20-cv-02817

Motion to Certify Class

April 4, 2020

April 4, 2020

Pleading / Motion / Brief
13

1:20-cv-02817

Motion for a Preliminary Injunction

April 6, 2020

April 6, 2020

Pleading / Motion / Brief
19

1:20-cv-02817

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

April 7, 2020

April 7, 2020

Pleading / Motion / Brief
28

1:20-cv-02817

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

April 10, 2020

April 10, 2020

Pleading / Motion / Brief
32

1:20-cv-02817

Reply Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction

April 13, 2020

April 13, 2020

Pleading / Motion / Brief
33

1:20-cv-02817

Order Denying Plaintiffs' Motion for a Preliminary Injunction

2020 WL 1910754

April 20, 2020

April 20, 2020

Order/Opinion
38

1:20-cv-02817

Amended Class Action Complaint

May 12, 2020

May 12, 2020

Complaint
44

1:20-cv-02817

Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification

June 8, 2020

June 8, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17043644/roberson-v-cuomo/

Last updated May 28, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Andrew M. Cuomo, Tina M. Stanford. (Filing Fee $ 400.00, Receipt Number ANYSDC-19332757)Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

RECAP
2

CIVIL COVER SHEET filed..(Desgranges, Philip) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to Andrew M. Cuomo, re: 1 Complaint. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to Tina M. Stanford, re: 1 Complaint. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
5

MOTION to Certify Class . Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
6

MEMORANDUM OF LAW in Support re: 5 MOTION to Certify Class . . Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
7

AFFIDAVIT of Philip Desgranges in Support re: 5 MOTION to Certify Class .. Document filed by Michael Bergamaschi, Frederick Roberson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D).(Desgranges, Philip) (Entered: 04/04/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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April 4, 2020

April 4, 2020

PACER
8

DECLARATION of Michelle Shames in Support re: 5 MOTION to Certify Class .. Document filed by Michael Bergamaschi, Frederick Roberson. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E).(Desgranges, Philip) (Entered: 04/04/2020)

1 Exhibit B

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2 Exhibit C

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3 Exhibit D

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4 Exhibit E

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April 4, 2020

April 4, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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 6, 2020

April 6, 2020

PACER

Case Opening Initial Assignment Notice

April 6, 2020

April 6, 2020

PACER

Magistrate Judge Debra C. Freeman 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 6, 2020

April 6, 2020

PACER

Case Designated ECF. (pne)

April 6, 2020

April 6, 2020

PACER
9

ELECTRONIC SUMMONS ISSUED as to Tina M. Stanford..(pne) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
10

ELECTRONIC SUMMONS ISSUED as to Andrew M. Cuomo..(pne) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
11

NOTICE OF APPEARANCE by Christopher T Dunn on behalf of Michael Bergamaschi, Frederick Roberson..(Dunn, Christopher) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
12

NOTICE OF APPEARANCE by Molly Knopp Biklen on behalf of Michael Bergamaschi, Frederick Roberson..(Biklen, Molly) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
13

MOTION for Preliminary Injunction . Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
14

DECLARATION of Michael Bergamaschi in Support re: 13 MOTION for Preliminary Injunction .. Document filed by Michael Bergamaschi, Frederick Roberson. (Attachments: # 1 Exhibit 1).(Desgranges, Philip) (Entered: 04/07/2020)

1 Exhibit 1

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April 7, 2020

April 7, 2020

PACER
15

DECLARATION of Frederick Roberson in Support re: 13 MOTION for Preliminary Injunction .. Document filed by Michael Bergamaschi, Frederick Roberson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2).(Desgranges, Philip) (Entered: 04/07/2020)

1 Exhibit 1

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2 Exhibit 2

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April 7, 2020

April 7, 2020

PACER
16

DECLARATION of Lorraine McEvilley in Support re: 13 MOTION for Preliminary Injunction .. Document filed by Michael Bergamaschi, Frederick Roberson. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Desgranges, Philip) (Entered: 04/07/2020)

1 Exhibit A

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2 Exhibit B

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April 7, 2020

April 7, 2020

PACER
17

DECLARATION of Michelle Shames in Support re: 13 MOTION for Preliminary Injunction .. Document filed by Michael Bergamaschi, Frederick Roberson. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E).(Desgranges, Philip) (Entered: 04/07/2020)

1 Exhibit B

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2 Exhibit C

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3 Exhibit D

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4 Exhibit E

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April 7, 2020

April 7, 2020

PACER
18

DECLARATION of Philip Desgranges in Support re: 13 MOTION for Preliminary Injunction .. Document filed by Michael Bergamaschi, Frederick Roberson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M).(Desgranges, Philip) (Entered: 04/07/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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April 7, 2020

April 7, 2020

PACER
19

MEMORANDUM OF LAW in Support re: 13 MOTION for Preliminary Injunction . . Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
20

NOTICE OF APPEARANCE by Andrew Stuart Amer on behalf of Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
21

LETTER MOTION to Expedite Proposed Expedited Schedule for Hearing Plaintiffs' Motion for a Preliminary Injunction addressed to Judge Colleen McMahon from Philip Desgranges dated April 7, 2020. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
22

NOTICE OF APPEARANCE by Amanda Yoon on behalf of Andrew M. Cuomo, Tina M. Stanford..(Yoon, Amanda) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
23

ORDER:The Court will hold a telephone conference in this matter tomorrow, Wednesday, April 8, 2020, at 11:30 a.m. To join the conference, the parties are to dial in at: 888-363-4749; the Access Code is: 9054506. This is an open proceedingthe public and press are welcomed to dial in, but are asked to remain silent during the conference. (Telephone Conference set for 4/8/2020 at 11:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 4/7/2020) (tro) (Entered: 04/08/2020)

April 7, 2020

April 7, 2020

RECAP
24

NOTICE OF APPEARANCE by Corey Stoughton on behalf of Michael Bergamaschi, Frederick Roberson..(Stoughton, Corey) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
25

DECLARATION of Rhonda Tomlinson in Opposition re: 13 MOTION for Preliminary Injunction .. Document filed by Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
26

DECLARATION of Anthony J. Annucci in Opposition re: 13 MOTION for Preliminary Injunction .. Document filed by Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit 1 - Directive, # 2 Exhibit 2 - Memorandum).(Amer, Andrew) (Entered: 04/10/2020)

1 Exhibit 1 - Directive

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2 Exhibit 2 - Memorandum

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April 10, 2020

April 10, 2020

RECAP
27

DECLARATION of Andrew Amer in Opposition re: 13 MOTION for Preliminary Injunction .. Document filed by Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit A - Release Orders, # 2 Exhibit B - Writ Decision, # 3 Exhibit C - Bill, # 4 Exhibit D - Bill Summary).(Amer, Andrew) (Entered: 04/10/2020)

1 Exhibit A - Release Orders

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2 Exhibit B - Writ Decision

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3 Exhibit C - Bill

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4 Exhibit D - Bill Summary

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April 10, 2020

April 10, 2020

PACER
28

MEMORANDUM OF LAW in Opposition re: 13 MOTION for Preliminary Injunction . . Document filed by Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

RECAP
29

DECLARATION of Lorraine McEvilley in Support re: 13 MOTION for Preliminary Injunction .. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
30

DECLARATION of Michelle Shames in Support re: 13 MOTION for Preliminary Injunction .. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
31

DECLARATION of Philip Desgranges in Support re: 13 MOTION for Preliminary Injunction .. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
32

REPLY MEMORANDUM OF LAW in Support re: 13 MOTION for Preliminary Injunction . . Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
33

ORDER DENYING MOTION FOR A PRELIMINARY INJUNCTION denying 13 Motion for Preliminary Injunction. The motion for a preliminary injunction is DENIED. This constitutes a written opinion and order of the court. The Clerk of Court is directed to mark the motion at Docket # 12 off the court's list of open motions. (Signed by Judge Colleen McMahon on 4/20/2020) (mml) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

RECAP
34

CERTIFICATE OF SERVICE. All Defendants. Service was made by EMAIL. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
35

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #36) - LETTER addressed to Judge Colleen McMahon from Andrew Amer dated May 11, 2020 re: Court's Request For Submissions. Document filed by Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit A - Plaintiffs' Initial Requests).(Amer, Andrew) Modified on 5/12/2020 (ldi). (Entered: 05/11/2020)

1 Exhibit A - Plaintiffs' Initial Requests

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May 11, 2020

May 11, 2020

RECAP
36

LETTER addressed to Judge Colleen McMahon from Andrew Amer dated May 11, 2020 re: Court's Request For Submissions. Document filed by Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit A - Plaintiffs' Initial Requests (corrected)).(Amer, Andrew) (Entered: 05/11/2020)

1 Exhibit A - Plaintiffs' Initial Requests (corrected)

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May 11, 2020

May 11, 2020

PACER
37

LETTER addressed to Judge Colleen McMahon from Philip Desgranges dated May 11, 2020 re: the Court's Order Requiring the Parties' Position on the Record Necessary for Further Proceedings. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
38

AMENDED COMPLAINT amending 1 Complaint against Andrew M. Cuomo, Tina M. Stanford.Document filed by Michael Bergamaschi, Frederick Roberson. Related document: 1 Complaint..(Desgranges, Philip) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
39

ORDER IN RESPONSE TO LETTERS RECEIVED FROM THE PARTIES: I have received letters from the parties indicating that they differ on what discovery is required in order to tee up this case for the inevitable motion for summary judgment. Both parties have indicated that an amended complaint will be filed, which will (1) drop the state law claims; (2) not drop the Governor as a defendant; and (3) not add any new claims. The Governor is free to file a motion to dismiss the amended complaint, but that motion will not be decided until the summary judgment motion is filed, because dropping the Governor as a defendant will have no impact whatever on the scope of discovery - which means that, at a very busy time, that technical motion will not rise to the top of the court's do to list. I see no need to decide the class certification motion any time soon. I certainly don't intend to hold up action toward the ultimate goal, which is to decide the issue on the merits. Defendants can respond to it on the schedule they propose - response by June 8, reply by June 22. A short briefing schedule is not necessary. As for the discovery disputes: since there will be no new claims, I truly can't see that there should be much by way of discovery. Defendants quite properly refer to my discussion of "what this case..... is not about." While plaintiffs are correct that the appropriate mechanism for teeing up discovery disputes is for them to serve demands and Defendants to object to any that are irrelevant, I can already tell you that I will not permit any discovery relating to the risks of the pandemic on the mandatory incarceration of parolees pendente lite. As I have already ruled, the pandemic is irrelevant to the resolution of this lawsuit. Either the mandatory detention prescribed by the State is constitutional or it is not. We will not be engaging in any frolics and detours. The ONLY discovery that will be permitted is discovery relating to the Matthews v. Eldridge factors, because that is the only discovery that is proper under Fed. R. Civ. P. 26(b)(1). And there really should not be much of that. Finally, as to the schedule for the extremely limited discovery that will be available to the parties: Plaintiff's discovery requests should be served, along with their amended complaint, by June 4. Objections from the defendants are due on June 25. Any discovery disputes will be resolved promptly, on short letter briefs, with rulings delivered by teleconference. Discovery should be completed by August 28. Defendant's summary judgment motion filed by September 25. Response and any cross motion due October 23. Reply November 6. Reply on any plaintiff's motion by November 13. All outstanding motions will be decided together - motion to dismiss the Governor, motion for class certification (which may be rendered moot if the case is dismissed), motion(s) for summary judgment. I see no need for greater haste: the issue has lain dormant for 40 years; it should be litigated properly. (Signed by Judge Colleen McMahon on 5/18/2020) (mml) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

RECAP

Set/Reset Deadlines: Cross Motions due by 10/23/2020. Discovery due by 8/28/2020. Motions due by 9/25/2020. Responses due by 10/23/2020 Replies due by 11/13/2020. (mml)

May 18, 2020

May 18, 2020

PACER
40

LETTER MOTION for Extension of Time to Respond to Plaintiffs' Amended Complaint addressed to Judge Colleen McMahon from Andrew Amer dated May 20, 2020. Document filed by Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
41

ORDER granting 40 Letter Motion for Extension of Time. Extension granted. (Signed by Judge Colleen McMahon on 5/26/2020) (mml) (Entered: 05/27/2020)

May 26, 2020

May 26, 2020

PACER

Set/Reset Deadlines: Andrew M. Cuomo answer due 6/9/2020; Tina M. Stanford answer due 6/9/2020. (mml)

May 26, 2020

May 26, 2020

PACER
42

DECLARATION of Andrew Amer in Opposition re: 5 MOTION to Certify Class .. Document filed by Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit A - Roberson Writ Order).(Amer, Andrew) (Entered: 06/08/2020)

1 Exhibit A - Roberson Writ Order

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June 8, 2020

June 8, 2020

PACER
43

DECLARATION of Tina M. Stanford in Opposition re: 5 MOTION to Certify Class .. Document filed by Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
44

MEMORANDUM OF LAW in Opposition re: 5 MOTION to Certify Class . . Document filed by Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
45

ANSWER to 38 Amended Complaint. Document filed by Andrew M. Cuomo..(Amer, Andrew) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
46

ANSWER to 38 Amended Complaint. Document filed by Tina M. Stanford..(Amer, Andrew) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
47

MEMORANDUM OF LAW in Support re: 5 MOTION to Certify Class . Replying to Defendants Opposition. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
48

LETTER MOTION for Discovery to approve Protective Order addressed to Judge Colleen McMahon from Andrew Amer dated July 22, 2020. Document filed by Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit A - Proposed Confidentiality Stipulation and Protective Order).(Amer, Andrew) (Entered: 07/22/2020)

1 Exhibit A - Proposed Confidentiality Stipulation and Protective Order

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July 22, 2020

July 22, 2020

PACER
49

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... Motions terminated: 48 LETTER MOTION for Discovery to approve Protective Order addressed to Judge Colleen McMahon from Andrew Amer dated July 22, 2020 filed by Andrew M. Cuomo, Tina M. Stanford. (Signed by Judge Colleen McMahon on 7/22/2020) (mml) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

RECAP
50

LETTER MOTION for Discovery Order Striking Plaintiffs' Expert Designation addressed to Judge Colleen McMahon from Andrew Amer dated August 17, 2020. Document filed by Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit A - Interrogatory Responses, # 2 Exhibit B- Expert CV).(Amer, Andrew) (Entered: 08/17/2020)

1 Exhibit A - Interrogatory Responses

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2 Exhibit B- Expert CV

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Aug. 17, 2020

Aug. 17, 2020

PACER
51

LETTER addressed to Judge Colleen McMahon from Plaintiffs dated August 19, 2020 re: Responding to the Defendants Letter Motion Seeking to Strike the Plaintiffs' Expert Designation. Document filed by Michael Bergamaschi, Frederick Roberson. (Attachments: # 1 Exhibit David Muhammad's Expert Witness Qualifications).(Desgranges, Philip) (Entered: 08/19/2020)

1 Exhibit David Muhammad's Expert Witness Qualifications

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Aug. 19, 2020

Aug. 19, 2020

PACER
52

LETTER RESPONSE in Support of Motion addressed to Judge Colleen McMahon from Andrew Amer dated August 20, 2020 re: 50 LETTER MOTION for Discovery Order Striking Plaintiffs' Expert Designation addressed to Judge Colleen McMahon from Andrew Amer dated August 17, 2020. . Document filed by Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
53

ORDER terminating 50 Letter Motion for Discovery. Depose the plaintiff's expert within 30 days and have done with it. I am not going to waste time reading your "it's his fault/it's her fault" issues. (Signed by Judge Colleen McMahon on 9/14/2020) (mml) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

RECAP
54

LETTER MOTION for Extension of Time for summary judgment briefing addressed to Judge Colleen McMahon from Andrew Amer dated September 15, 2020. Document filed by Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER
55

ORDER granting 54 Letter Motion for Extension of Time. OK. Cross Motions due by 11/20/2020. Motions due by 10/23/2020. (Signed by Judge Colleen McMahon on 9/16/2020) (mml) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER

Set/Reset Deadlines: Responses due by 12/9/2020. Replies due by 12/18/2020. (mml)

Sept. 16, 2020

Sept. 16, 2020

PACER
56

SUGGESTION OF DEATH upon the record as to Plaintiff Michael Bergamaschi on August 5, 2020 . Document filed by Frederick Roberson.(Desgranges, Philip) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

RECAP
57

MOTION for Summary Judgment . Document filed by Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

RECAP
58

DECLARATION of Rhonda Tomlinson in Support re: 57 MOTION for Summary Judgment .. Document filed by Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit A - Research Div Chart, # 2 Exhibit B - Upstate Staffing Chart, # 3 Exhibit C - Downstate Staffing Chart, # 4 Exhibit D - Judicial Center Room Chart).(Amer, Andrew) (Entered: 10/23/2020)

1 Exhibit A - Research Div Chart

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2 Exhibit B - Upstate Staffing Chart

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3 Exhibit C - Downstate Staffing Chart

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4 Exhibit D - Judicial Center Room Chart

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Oct. 23, 2020

Oct. 23, 2020

PACER
59

DECLARATION of Timothy O'Brien in Support re: 57 MOTION for Summary Judgment .. Document filed by Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit A - Research Div (Released) Chart, # 2 Exhibit B - Research Div (Lodged) Chart, # 3 Exhibit C - DOCCS Staffing Chart).(Amer, Andrew) (Entered: 10/23/2020)

1 Exhibit A - Research Div (Released) Chart

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2 Exhibit B - Research Div (Lodged) Chart

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3 Exhibit C - DOCCS Staffing Chart

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Oct. 23, 2020

Oct. 23, 2020

PACER
60

DECLARATION of Melissa McLaughlin in Support re: 57 MOTION for Summary Judgment .. Document filed by Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit A - Pay Chart, # 2 Exhibit B - Benefits Chart, # 3 Exhibit C - Combined Cost Chart, # 4 Exhibit D - IT Rate/Cost Chart, # 5 Exhibit E - Supplies Cost Chart, # 6 Exhibit F - Interpreter Voucher, # 7 Exhibit G - Training Cost Chart, # 8 Exhibit H - Vehicle Purchase Order, # 9 Exhibit I - ALJ Staffing Chart, # 10 Exhibit J - Vehicle Purchase Order, # 11 Exhibit K - Additional Pay Chart, # 12 Exhibit L - Judicial Center Area Chart, # 13 Exhibit M - Holding Cell Renovation Invoice, # 14 Exhibit N - Equipment/Supplies Cost Chart, # 15 Exhibit O - ALJ Travel Cost Chart, # 16 Exhibit P - Mileage Rate Chart, # 17 Exhibit Q - Transportation Cost Chart, # 18 Exhibit R - Reporter Cost Estimate, # 19 Exhibit S - Rapiscan System Quote, # 20 Exhibit T - Staffing Ratio Chart, # 21 Exhibit U - GPS Monitoring Purchase Order, # 22 Exhibit V - 2009-10 Budget Bill Summary & Plan, # 23 Exhibit W (part 1 of 2) - PO Pay Chart, # 24 Exhibit W (part 2 of 2) - PO Pay Chart).(Amer, Andrew) (Entered: 10/23/2020)

1 Exhibit A - Pay Chart

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2 Exhibit B - Benefits Chart

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3 Exhibit C - Combined Cost Chart

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4 Exhibit D - IT Rate/Cost Chart

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5 Exhibit E - Supplies Cost Chart

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6 Exhibit F - Interpreter Voucher

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7 Exhibit G - Training Cost Chart

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8 Exhibit H - Vehicle Purchase Order

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9 Exhibit I - ALJ Staffing Chart

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10 Exhibit J - Vehicle Purchase Order

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11 Exhibit K - Additional Pay Chart

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12 Exhibit L - Judicial Center Area Chart

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13 Exhibit M - Holding Cell Renovation Invoice

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14 Exhibit N - Equipment/Supplies Cost Chart

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15 Exhibit O - ALJ Travel Cost Chart

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16 Exhibit P - Mileage Rate Chart

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17 Exhibit Q - Transportation Cost Chart

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18 Exhibit R - Reporter Cost Estimate

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19 Exhibit S - Rapiscan System Quote

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20 Exhibit T - Staffing Ratio Chart

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21 Exhibit U - GPS Monitoring Purchase Order

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22 Exhibit V - 2009-10 Budget Bill Summary & Plan

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23 Exhibit W (part 1 of 2) - PO Pay Chart

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24 Exhibit W (part 2 of 2) - PO Pay Chart

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Oct. 23, 2020

Oct. 23, 2020

PACER
61

RULE 56.1 STATEMENT. Document filed by Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER
62

MEMORANDUM OF LAW in Support re: 57 MOTION for Summary Judgment . . Document filed by Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit 1 - Regulatory History).(Amer, Andrew) (Entered: 10/23/2020)

1 Exhibit 1 - Regulatory History

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Oct. 23, 2020

Oct. 23, 2020

RECAP
63

NOTICE OF APPEARANCE by Daniel Ross Lambright on behalf of Michael Bergamaschi, Frederick Roberson..(Lambright, Daniel) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
64

LETTER MOTION to Seal Confidential Exhibit addressed to Judge Colleen McMahon from Daniel Lambright dated November 20, 2020. Document filed by Michael Bergamaschi, Frederick Roberson..(Lambright, Daniel) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
65

CROSS MOTION for Summary Judgment . Document filed by Michael Bergamaschi, Frederick Roberson..(Lambright, Daniel) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
66

DECLARATION of Fredrick Roberson in Support re: 65 CROSS MOTION for Summary Judgment .. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
67

DECLARATION of Samuel Murphy in Support re: 65 CROSS MOTION for Summary Judgment .. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
68

DECLARATION of Jesse Barber in Support re: 65 CROSS MOTION for Summary Judgment .. Document filed by Michael Bergamaschi, Frederick Roberson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E).(Desgranges, Philip) (Entered: 11/20/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Nov. 20, 2020

Nov. 20, 2020

PACER
69

DECLARATION of David Muhammad in Support re: 65 CROSS MOTION for Summary Judgment .. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
70

MEMORANDUM OF LAW in Support re: 65 CROSS MOTION for Summary Judgment . And in Opposition to Defendants' Motion for Summary Judgement. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

RECAP
71

RULE 56.1 STATEMENT. Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
72

FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR (SEE #75) DECLARATION of Philip Desgranges in Support re: 65 CROSS MOTION for Summary Judgment .. Document filed by Michael Bergamaschi, Frederick Roberson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L).(Desgranges, Philip) Modified on 11/23/2020 (kj). (Entered: 11/20/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit E

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5 Exhibit F

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6 Exhibit G

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7 Exhibit H

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8 Exhibit I

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9 Exhibit J

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10 Exhibit K

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11 Exhibit L

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Nov. 20, 2020

Nov. 20, 2020

PACER
73

***SELECTED PARTIES***DECLARATION of Jesse Barber in Support re: 65 CROSS MOTION for Summary Judgment .. Document filed by Michael Bergamaschi, Frederick Roberson, Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit D)Motion or Order to File Under Seal: 64 .(Desgranges, Philip) (Entered: 11/21/2020)

Nov. 21, 2020

Nov. 21, 2020

PACER
74

LETTER addressed to Judge Colleen McMahon from Daniel Lambright dated November 20, 2020 re: Request for Oral Argument on Summary Judgment Cross-Motion. Document filed by Michael Bergamaschi, Frederick Roberson..(Lambright, Daniel) (Entered: 11/21/2020)

Nov. 21, 2020

Nov. 21, 2020

PACER
75

DECLARATION of Philip Desgranges in Support re: 65 CROSS MOTION for Summary Judgment .. Document filed by Michael Bergamaschi, Frederick Roberson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L).(Desgranges, Philip) (Entered: 11/23/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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Nov. 23, 2020

Nov. 23, 2020

PACER
76

MEMO ENDORSEMENT on re: 74 Letter filed by Michael Bergamaschi, Frederick Roberson. ENDORSEMENT: Request noted; will schedule if I find it necessary. (Signed by Judge Colleen McMahon on 11/23/2020) (mml) Modified on 12/14/2020 (mml). (Entered: 11/24/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
77

DECLARATION of Andrew Amer in Opposition re: 65 CROSS MOTION for Summary Judgment ., 57 MOTION for Summary Judgment .. Document filed by Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit A - Tomlinson Dep. Excerpt, # 2 Exhibit B - Tomlinson Dep. Excerpt, # 3 Exhibit C - O'Brien Dep. Excerpt, # 4 Exhibit D - Murphy Violation of Release Report, # 5 Exhibit E - O'Brien Dep. Excerpt, # 6 Exhibit F - Muhammad Dep. Excerpt, # 7 Exhibit G - Bergamaschi Certificate of Release, # 8 Exhibit H - Muhammad Dep. Excerpt, # 9 Exhibit I - Muhammad Dep. Excerpt, # 10 Exhibit J - O'Brien Dep. Excerpt, # 11 Exhibit K - O'Brien Dep. Excerpt, # 12 Exhibit L - Chart, # 13 Exhibit M - O'Brien Dep. Excerpt, # 14 Exhibit N - O'Brien Dep. Excerpt, # 15 Exhibit O - O'Brien Dep. Excerpt, # 16 Exhibit P - O'Brien Dep. Excerpt, # 17 Exhibit Q - O'Brien Dep. Excerpt, # 18 Exhibit R - O'Brien Dep. Excerpt, # 19 Exhibit S - Muhammad Dep. Excerpt).(Amer, Andrew) (Entered: 12/09/2020)

1 Exhibit A - Tomlinson Dep. Excerpt

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2 Exhibit B - Tomlinson Dep. Excerpt

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3 Exhibit C - O'Brien Dep. Excerpt

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4 Exhibit D - Murphy Violation of Release Report

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5 Exhibit E - O'Brien Dep. Excerpt

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6 Exhibit F - Muhammad Dep. Excerpt

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7 Exhibit G - Bergamaschi Certificate of Release

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8 Exhibit H - Muhammad Dep. Excerpt

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9 Exhibit I - Muhammad Dep. Excerpt

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10 Exhibit J - O'Brien Dep. Excerpt

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11 Exhibit K - O'Brien Dep. Excerpt

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12 Exhibit L - Chart

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13 Exhibit M - O'Brien Dep. Excerpt

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14 Exhibit N - O'Brien Dep. Excerpt

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15 Exhibit O - O'Brien Dep. Excerpt

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16 Exhibit P - O'Brien Dep. Excerpt

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17 Exhibit Q - O'Brien Dep. Excerpt

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18 Exhibit R - O'Brien Dep. Excerpt

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19 Exhibit S - Muhammad Dep. Excerpt

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Dec. 9, 2020

Dec. 9, 2020

PACER
78

RULE 56.1 STATEMENT. Document filed by Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
79

MEMORANDUM OF LAW in Opposition re: 65 CROSS MOTION for Summary Judgment . and in further support of Defendants' summary judgment motion. Document filed by Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
80

MOTION to Strike Document No. 69 - portions of Plaintiffs' expert's declaration and report. Document filed by Andrew M. Cuomo, Tina M. Stanford. Responses due by 12/18/2020.(Amer, Andrew) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
81

DECLARATION of Amanda Yoon in Support re: 80 MOTION to Strike Document No. 69 - portions of Plaintiffs' expert's declaration and report.. Document filed by Andrew M. Cuomo, Tina M. Stanford. (Attachments: # 1 Exhibit A - Muhammad Declaration, # 2 Exhibit B - O'Brien Declaration, # 3 Exhibit C - Muhammad Dep. Excerpt, # 4 Exhibit D - Muhammad Dep. Excerpt, # 5 Exhibit E (part 1) - Gasca Expert Report, # 6 Exhibit E (part 2) - Gasca Expert Report, # 7 Exhibit F - O'Brien Dep. Excerpt, # 8 Exhibit G - O'Brien Dep. Excerpt).(Amer, Andrew) (Entered: 12/09/2020)

1 Exhibit A - Muhammad Declaration

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2 Exhibit B - O'Brien Declaration

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3 Exhibit C - Muhammad Dep. Excerpt

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4 Exhibit D - Muhammad Dep. Excerpt

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5 Exhibit E (part 1) - Gasca Expert Report

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6 Exhibit E (part 2) - Gasca Expert Report

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7 Exhibit F - O'Brien Dep. Excerpt

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8 Exhibit G - O'Brien Dep. Excerpt

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Dec. 9, 2020

Dec. 9, 2020

PACER
82

MEMORANDUM OF LAW in Support re: 80 MOTION to Strike Document No. 69 - portions of Plaintiffs' expert's declaration and report. . Document filed by Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
83

MEMORANDUM OF LAW in Opposition re: 80 MOTION to Strike Document No. 69 - portions of Plaintiffs' expert's declaration and report. . Document filed by Michael Bergamaschi, Frederick Roberson..(Lambright, Daniel) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
84

REPLY MEMORANDUM OF LAW in Support re: 65 CROSS MOTION for Summary Judgment . . Document filed by Michael Bergamaschi, Frederick Roberson..(Desgranges, Philip) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
85

REPLY MEMORANDUM OF LAW in Support re: 80 MOTION to Strike Document No. 69 - portions of Plaintiffs' expert's declaration and report. . Document filed by Andrew M. Cuomo, Tina M. Stanford..(Amer, Andrew) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
86

DECISION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFFS' CROSS MOTION FOR SUMMARY JUDGMENT, AND AMENDING THE CAPTION IN THIS ACTION granting 57 Motion for Summary Judgment; terminating 5 Motion to Certify Class; terminating 64 Letter Motion to Seal; denying 65 Motion for Summary Judgment; terminating 80 Motion to Strike document 57 MOTION for Summary Judgment. For reasons stated above, Defendants' motion for summary judgment is GRANTED. Plaintiffs' cross motion for summary judgment is DENIED. This constitutes a written opinion and order of the Court. The Clerk of Court is directed to market the motions at Docket #s 5, 57, 64, 65, and 80 off the Court's list of open motions, to enter judgment for Defendants, and to close this case. (Signed by Judge Colleen McMahon on 3/10/2021) (mml) Transmission to Orders and Judgments Clerk for processing. (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

RECAP
87

CLERK'S JUDGMENT re: 86 Order on Motion for Summary Judgment, Order on Motion to Certify Class, Order on Motion to Seal, Order on Motion to Strike. in favor of Andrew M. Cuomo, Tina M. Stanford against Frederick Roberson. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Decision and Order dated March 10, 2021, Defendants' motion for summary judgment is GRANTED. Plaintiffs' cross motion for summary judgment is DENIED. Judgment is entered for Defendants' and this case is closed. (Signed by Clerk of Court Ruby Krajick on 3/10/2021) (Attachments: # 1 Notice of Right to Appeal) (dt) Modified on 3/10/2021 (dt). (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

RECAP
88

NOTICE OF APPEAL from 86 Order on Motion for Summary Judgment, Order on Motion to Certify Class, Order on Motion to Seal,, Order on Motion to Strike,,,,,,,,,,,,,,, 87 Clerk's Judgment,,. Document filed by Michael Bergamaschi, Frederick Roberson. Filing fee $ 505.00, receipt number BNYSDC-24351800. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Biklen, Molly) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

RECAP

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 88 Notice of Appeal. (tp)

April 5, 2021

April 5, 2021

PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 88 Notice of Appeal, filed by Michael Bergamaschi, Frederick Roberson were transmitted to the U.S. Court of Appeals. (tp)

April 5, 2021

April 5, 2021

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

April 5, 2021

April 5, 2021

PACER

Appeal Record Sent to USCA - Electronic File

April 5, 2021

April 5, 2021

PACER

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 3, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two individuals who had been detained on parole warrants pending a final hearing. Putative Class: All those on parole in New York City who were or would be detained pending final hearing on a parole warrant

Attorney Organizations:

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

New York State Board of Parole, State

Governor of New York, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Classification / placement

Conditions of confinement

Over/Unlawful Detention

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run