Case: Jones v. Stanford

1:20-cv-01332 | U.S. District Court for the Eastern District of New York

Filed Date: March 12, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a lawsuit about whether the New York State Department of Corrections and Community Supervision (DOCCS) can ban individuals required to register under the Sex Offender Registration Act (SORA) from accessing social media and the internet. On March 12, 2020, six people required to register under SORA filed this lawsuit in the U.S. District Court for the Eastern District of New York, where it was assigned to District Judge Raymond J. Dearie. The plaintiffs sued the Chairwoman of the New Yor…

This is a lawsuit about whether the New York State Department of Corrections and Community Supervision (DOCCS) can ban individuals required to register under the Sex Offender Registration Act (SORA) from accessing social media and the internet. On March 12, 2020, six people required to register under SORA filed this lawsuit in the U.S. District Court for the Eastern District of New York, where it was assigned to District Judge Raymond J. Dearie. The plaintiffs sued the Chairwoman of the New York State Board of Parole and the Acting Commissioner of DOCCS under 42 U.S.C. § 1983. Represented by the New York Civil Liberties Union, the Rutgers Constitutional Rights Clinic, and Prisoners Legal Services of New York, the plaintiffs sought declaratory and injunctive relief as well as attorneys’ fees. The plaintiffs claimed that the defendants’ policies prohibiting them from accessing the internet and social media violated their First Amendment rights.

DOCCS policy, and to a lesser extent, New York’s Electronic Security and Targeting of Online Predators Act (e-STOP), prohibited individuals required to register under SORA from accessing the internet and social media sites. These policies applied irrespective of whether the individual’s past offenses involved use of the internet or social media. In 2017, the Supreme Court struck down a criminal statute that imposed similar restrictions on First Amendment grounds in Packingham v. North Carolina, 137 S. Ct. 1730 (2017), setting the stage for this lawsuit.

After the case was filed in March 2020, the plaintiffs filed an amended complaint on June 1, 2020, voluntarily dismissing the case with respect to one of the named plaintiffs. The legal claims, however, were identical to the original complaint.

On August 25, 2020, the plaintiffs moved for a preliminary injunction. On September 9, 2020, Judge Dearie granted the motion and enjoined DOCCS’s internet and social media policies with respect to individuals who did not use the internet to facilitate the offense that resulted in their SORA registration. Citing Packingham, the court held that DOCCS’s blanket prohibitions denying SORA registrants access to the internet did not survive intermediate scrutiny analysis.

The injunction immediately went into effect with respect to the named plaintiffs. However, the defendants twice moved to temporarily stay the injunction's general application, citing the difficulty of creating a plan to implement the preliminary injunction and identifying a subset of SORA registrants who would be forbidden from accessing social media by New York's e-STOP law. Judge Dearie granted both stays on September 22 and October 9, 2020, but the second stay expired on October 16, 2020.

On January 24, 2022, Judge Dearie approved a settlement agreement that made the contents of his earlier preliminary injunction permanent. Defendants were permanently enjoined from enforcing e-STOP’s social media ban as to sex offender registrants who had not used the internet to facilitate the commission of their underlying sex offense. The injunction left some discretion to the parole officers, who could impose individualized restrictions on social media access where there were “articulable registrant-specific circumstances” that raised the risk of reoffending or otherwise placed the goal of rehabilitation in jeopardy. The court cautioned that any such restrictions must be narrowly tailored and the least restrictive method of promoting these goals. Further, defendants were required to inform registrants of their ability to appeal decisions restricting their internet access and access to social media to a parole grievance program. 

To ensure enforcement of the injunction, the court required defendants to provide training to parole officers and relevant staff of DOCCS concerning the substantive terms of the stipulation of settlement and any revised or superseding directives. Defendants were to provide four reports updating plaintiffs’ counsel on compliance over a timeframe of twenty-two months after the court signed the stipulation of settlement. Finally, the State of New York, on behalf of defendants, agreed to pay $100,000 to plaintiffs’ counsel in attorneys’ fees. The court retained jurisdiction to enforce the terms of the settlement for two years. 

This case is ongoing. 

Summary Authors

Jonah Hudson-Erdman (10/18/2020)

Zoe Goldstein (4/17/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16963455/parties/jones-v-stanford/


Judge(s)

Bulsara, Sanket J (New York)

Dearie, Raymond Joseph (New York)

Attorneys(s) for Plaintiff

Biklen, Molly Knopp (New York)

Bogin, James M. (New York)

Burzynski, Julia (New York)

Campbell, Emahunn (New York)

Cassidy, Michael (New York)

Karteron, Alexis Brie (New Jersey)

Lambright, Daniel Ross (New York)

Murtagh-Monks, Karen L. (New York)

Judge(s)

Bulsara, Sanket J (New York)

Dearie, Raymond Joseph (New York)

Attorneys(s) for Plaintiff

Biklen, Molly Knopp (New York)

Bogin, James M. (New York)

Burzynski, Julia (New York)

Campbell, Emahunn (New York)

Cassidy, Michael (New York)

Karteron, Alexis Brie (New Jersey)

Lambright, Daniel Ross (New York)

Murtagh-Monks, Karen L. (New York)

Pallarino, Emma (New York)

Attorneys(s) for Defendant

Schulze, Daniel A. (New York)

Turkle, Bruce (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 9, 2020 Docket
1 & 1-1

Complaint

March 12, 2020 Complaint
17

Amended Complaint

June 1, 2020 Complaint
37

Memorandum & Order

Sept. 9, 2020 Order/Opinion
73

Order Dismissing Case

Jan. 24, 2022 Order/Opinion

Resources

Title Description External URL

Parole News Blog links to Clearinghouse

Parole News

Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse" Aug. 7, 2016 http://parolenews.blogspot.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16963455/jones-v-stanford/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants $ 400 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Corydon Umber, Thomas Mitchell, Vernon Jones, Vladimir Krull, Douglas Hyson, Compton Mohabir. (Attachments: # 1 Civil Cover Sheet) (Biklen, Molly) (Entered: 03/12/2020)

March 12, 2020 Clearinghouse

Case Assigned/Reassigned

March 16, 2020 PACER

Case assigned to Judge Raymond J. Dearie and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Barrett, C)

March 16, 2020 PACER
2

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Barrett, C) (Entered: 03/16/2020)

March 16, 2020 PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Barrett, C) (Entered: 03/16/2020)

March 16, 2020 PACER
4

Proposed Summons. Re 1 Complaint, by Douglas Hyson, Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber (Biklen, Molly) (Entered: 03/18/2020)

March 18, 2020 PACER
5

Proposed Summons. Re 1 Complaint, by Douglas Hyson, Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber (Biklen, Molly) (Entered: 03/18/2020)

March 18, 2020 PACER
6

SUMMONS ISSUED as to Anthony Annucci, Tina M. Stanford. (Attachments: # 1 Summons Issued) (Tavarez, Jennifer) (Entered: 03/19/2020)

March 19, 2020 PACER
7

SUMMONS Returned Executed by Corydon Umber, Thomas Mitchell, Vernon Jones, Vladimir Krull, Douglas Hyson, Compton Mohabir. Anthony Annucci served on 3/25/2020, answer due 4/15/2020; Tina M. Stanford served on 3/25/2020, answer due 4/15/2020. (Biklen, Molly) (Entered: 04/14/2020)

April 14, 2020 PACER
8

STIPULATION of Service and Time to Answer by Douglas Hyson, Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber (Biklen, Molly) Modified on 4/28/2020 (to add motion) (Ferrara, Anthony). (Entered: 04/27/2020)

April 27, 2020 PACER

Order on Motion for Extension of Time to Answer

April 28, 2020 PACER

ORDER: The stipulation and motion for extension of time to answer 8 is granted. Defendants shall file an answer or otherwise respond to the Complaint by 6/1/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/28/2020. (Ferrara, Anthony)

April 28, 2020 PACER
9

SCHEDULING ORDER: An initial/telephone conference will be held at 11:30 AM on 6/05/2020 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 11:30 AM conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 6/05/2020. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/1/2020. (Manson, Eddie) (Entered: 05/01/2020)

May 1, 2020 PACER
10

NOTICE of Appearance by Bruce Jay Turkle on behalf of Anthony Annucci, Tina M. Stanford (aty to be noticed) (Turkle, Bruce) (Entered: 05/07/2020)

May 7, 2020 PACER
11

Letter Requesting Pre-Motion Conference for Preliminary Injunction by Douglas Hyson, Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber (Biklen, Molly) (Entered: 05/19/2020)

May 19, 2020 PACER
12

NOTICE of Appearance by Michael Cassidy on behalf of All Plaintiffs (aty to be noticed) (Cassidy, Michael) (Entered: 05/19/2020)

May 19, 2020 PACER
13

NOTICE of Appearance by Alexis Brie Karteron on behalf of All Plaintiffs (aty to be noticed) (Karteron, Alexis) (Entered: 05/20/2020)

May 20, 2020 PACER
14

Letter in response to plaintiffs' May 19, 2020 letter requesting pre-motion conference by Anthony Annucci, Tina M. Stanford (Turkle, Bruce) (Entered: 05/26/2020)

May 26, 2020 PACER

ELECTRONIC SCHEDULING ORDER: re 14 Letter filed by Tina M. Stanford, Anthony Annucci, responding to request for pre motion conference. 11 Letter filed by Vladimir Krull, Vernon Jones, Douglas Hyson, Thomas Mitchell, Corydon Umber, Compton Mohabir, requesting a pre motion conference. Counsel are advised that a Telephonic Pre Motion Conference is scheduled for Tuesday June 2, 2020 at 11:00am. Dial in toll free number: 888-684-8852. Access code: 3850449. So Ordered by Judge Raymond J. Dearie on 5/27/2020. (Mulqueen, Ellen)

May 27, 2020 PACER
15

MOTION to Adjourn Conference scheduled for June 2, 2020 by Anthony Annucci, Tina M. Stanford. (Turkle, Bruce) (Entered: 05/27/2020)

May 27, 2020 PACER

ELECTRONIC ORDER granting 15 Motion to Adjourn Pre Motion Conference. Court has been advised that all parties are available on Wednesday June 3rd. Accordingly, the telephonic conference currently scheduled for June 2, 2020 is rescheduled to June 3, 2020 at 11:00am before the undersigned. The dial in number and access code remain as previously posted. So Ordered by Judge Raymond J. Dearie on 5/27/2020. (Mulqueen, Ellen)

May 27, 2020 PACER

Scheduling Order AND Order AND Order

May 27, 2020 PACER

Order on Motion to Adjourn Conference

May 27, 2020 PACER
16

NOTICE of Voluntary Dismissal by Douglas Hyson (Biklen, Molly) (Entered: 06/01/2020)

June 1, 2020 PACER
17

AMENDED COMPLAINT on consent against Anthony Annucci, Tina M. Stanford, filed by Corydon Umber, Thomas Mitchell, Vernon Jones, Vladimir Krull, Compton Mohabir. (Biklen, Molly) (Entered: 06/01/2020)

June 1, 2020 Clearinghouse
18

Letter regarding voluntary dismissal of plaintiff Hyson's claims by Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber (Biklen, Molly) (Entered: 06/01/2020)

June 1, 2020 PACER
19

STIPULATION Of Dismissal: Pursuant to Federal Rule of Civil Procedure 41(a)(1)A)(i), this action is hereby dismissed without prejudice as to Douglas Hyson. The Clerk of the Court is directed to terminate plaintiff Douglas Hyson. Party Douglas Hyson terminated.SO Ordered by Judge Raymond J. Dearie on 6/2/2020. (Tavarez, Jennifer) (Entered: 06/02/2020)

June 2, 2020 PACER
20

NOTICE of Appearance by Daniel Schulze on behalf of Anthony Annucci, Tina M. Stanford (aty to be noticed) (Schulze, Daniel) (Entered: 06/03/2020)

June 3, 2020 PACER

Minute Entry for telephonic pre motion conference held on 6/3/2020 before Judge Raymond J. Dearie: Following counsel on line: Molly Biklen and Alexis Karteron for plaintiffs. Bruce Turkle and Daniel Schulze for defendants. Discussion held, re: plaintiffs' request for preliminary injunction. Counsel Bruce Turkel will follow up in writing on or before 6/17/2020, as to the issues discussed. Thereafter, if motion practice moves forward, parties will agree on a briefing schedule and advise Court in writing. (Court Reporter Holly Driscoll.) (Mulqueen, Ellen)

June 3, 2020 PACER
21

Letter enclosing joint Proposed Discovery Plan by Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber (Attachments: # 1 Proposed Discovery Plan) (Biklen, Molly) (Entered: 06/03/2020)

June 3, 2020 PACER

Telephone Conference

June 3, 2020 PACER

ORDER: The initial conference scheduled for 6/5/2020 before Magistrate Judge Sanket J. Bulsara is adjourned sine die, pending resolution of the Plaintiffs' motion for preliminary briefing. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/4/2020. (Manson, Eddie)

June 4, 2020 PACER

1 - Terminate Deadlines and Hearings AND Order(Other)

June 4, 2020 PACER
22

Defendants' ANSWER to 17 Amended Complaint by Anthony Annucci, Tina M. Stanford. (Turkle, Bruce) (Entered: 06/15/2020)

June 15, 2020 PACER
23

Letter concerning "e-STOP" condition of parole by Anthony Annucci, Tina M. Stanford (Turkle, Bruce) (Entered: 06/17/2020)

June 17, 2020 PACER
24

Letter regarding Defendants' e-STOP Response by Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber (Biklen, Molly) (Entered: 06/23/2020)

June 23, 2020 PACER
25

Letter proposing briefing schedule for preliminary injunction by Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber (Biklen, Molly) (Entered: 07/03/2020)

July 3, 2020 PACER

ORDER re 25 Letter filed by Vladimir Krull, Vernon Jones, Thomas Mitchell, Corydon Umber, Compton Mohabir. The Court adopts the parties' proposed briefing schedule. Motion due by 7/13/2020, Response due by 8/13/2020, Reply due by 8/25/2020, Motion fully briefed 8/25/2020. So Ordered by Judge Raymond J. Dearie on 7/6/2020. (Bakst, Laura)

July 6, 2020 PACER
26

Letter regarding service of motion for preliminary injunction by Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber (Biklen, Molly) (Entered: 07/13/2020)

July 13, 2020 PACER
27

Letter to Plaintiffs' counsel enclosing Defendants' papers in opposition to motion for a preliminary injunction by Anthony Annucci, Tina M. Stanford (Turkle, Bruce) (Entered: 08/13/2020)

Aug. 13, 2020 PACER
28

MOTION for Preliminary Injunction of social media ban by Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Molly K. Biklen, # 3 Declaration of Vernon Jones, # 4 Declaration of Vladimir Krull, # 5 Declaration of Thomas Mitchell, # 6 Declaration of Compton Mohabir, # 7 Declaration of Corydon Umber) (Biklen, Molly) (Entered: 08/25/2020)

Aug. 25, 2020 PACER
29

AFFIDAVIT/DECLARATION in Opposition re 28 MOTION for Preliminary Injunction of social media ban Geh Decl. with exhibit filed by Anthony Annucci, Tina M. Stanford. (Attachments: # 1 Exhibit 1 (parole conditions)) (Turkle, Bruce) (Entered: 08/25/2020)

Aug. 25, 2020 PACER
30

AFFIDAVIT/DECLARATION in Opposition re 28 MOTION for Preliminary Injunction of social media ban DuPlessy Decl. with exhibit filed by Anthony Annucci, Tina M. Stanford. (Attachments: # 1 Exhibit 1 (parole conditions)) (Turkle, Bruce) (Entered: 08/25/2020)

Aug. 25, 2020 PACER
31

AFFIDAVIT/DECLARATION in Opposition re 28 MOTION for Preliminary Injunction of social media ban Domenech Decl. with exhibit filed by Anthony Annucci, Tina M. Stanford. (Attachments: # 1 Exhibit 1 (Parole conditions)) (Turkle, Bruce) (Entered: 08/25/2020)

Aug. 25, 2020 PACER
32

AFFIDAVIT/DECLARATION in Opposition re 28 MOTION for Preliminary Injunction of social media ban Osouna Decl. with exhibits filed by Anthony Annucci, Tina M. Stanford. (Attachments: # 1 Exhibit 1 (e-STOP Condition), # 2 Exhibit 2 (notice vacating e-STOP Condition)) (Turkle, Bruce) (Entered: 08/25/2020)

1

View on RECAP

Aug. 25, 2020 PACER
33

AFFIDAVIT/DECLARATION in Opposition re 28 MOTION for Preliminary Injunction of social media ban Gomez Cox Decl. with exhibit filed by Anthony Annucci, Tina M. Stanford. (Attachments: # 1 Exhibit 1 (parole conditions)) (Turkle, Bruce) (Entered: 08/25/2020)

Aug. 25, 2020 PACER
34

MEMORANDUM in Opposition to Plaintiffs' motion for a preliminary injunction filed by Anthony Annucci, Tina M. Stanford. (Turkle, Bruce) (Entered: 08/25/2020)

Aug. 25, 2020 PACER
35

REPLY in Support re 28 MOTION for Preliminary Injunction of social media ban filed by Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber. (Biklen, Molly) (Entered: 08/25/2020)

Aug. 25, 2020 PACER
36

Letter requesting scheduling conference by Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber (Attachments: # 1 Proposed Case Management Plan) (Biklen, Molly) (Entered: 08/26/2020)

Aug. 26, 2020 PACER

SCHEDULING ORDER: An initial/telephone conference will be held at 12:00 PM on 9/04/2020 before Magistrate Judge Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 12:00 PM conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/27/2020. (Manson, Eddie)

Aug. 27, 2020 PACER

Scheduling Order

Aug. 27, 2020 PACER

Minute Entry And Order for proceedings held before Magistrate Judge Sanket J. Bulsara: An initial conference was held on 9/4/2020, all parties were present via telephone. The parties shall submit a joint certification that discovery has been completed by 4/26/2021. Deadlines set based on parties' submitted joint discovery worksheet and are as follow: All fact discovery shall be completed by 1/27/2021; completion of all discovery by 4/26/2021; the last date to take the first step in dispositive motion practice shall be 5/26/2021. A status conference will take place on 1/22/2020 at 4:00 PM before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the 4:00 PM conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/4/2020 (AT&T Log #12:01-12:15.) (Manson, Eddie)

Sept. 4, 2020 PACER

Initial Conference Hearing AND ~Util - Set Deadlines/Hearings

Sept. 8, 2020 PACER
37

MEMORANDUM and ORDER: Plaintiffs' motion for a preliminary injunction 28 is granted. e-STOP and Directive 9201 are preliminarily enjoined as to registrants who have not used the internet to facilitate the commission of their underlying sex offense. SO Ordered by Judge Raymond J. Dearie on 9/9/2020. (Tavarez, Jennifer) (Entered: 09/09/2020)

Sept. 9, 2020 Clearinghouse
38

MOTION to Stay re 37 Order on Motion for Preliminary Injunction, by Anthony Annucci, Tina M. Stanford. (Schulze, Daniel) (Entered: 09/17/2020)

Sept. 17, 2020 PACER
39

NOTICE of Appearance by Daniel Ross Lambright on behalf of Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber (aty to be noticed) (Lambright, Daniel) (Entered: 09/18/2020)

Sept. 18, 2020 PACER
40

RESPONSE in Opposition re 38 MOTION to Stay re 37 Order on Motion for Preliminary Injunction, filed by Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber. (Biklen, Molly) (Entered: 09/21/2020)

Sept. 21, 2020 PACER

ORDER granting 38 Motion to Stay: Under the circumstances, the Court grants Defendants' modest request to stay compliance with the aspect of the Court's September 9, 2020 Order granting relief beyond the party-plaintiffs until October 9, 2020. So Ordered by Judge Raymond J. Dearie on 9/22/2020. (Baltimore, Molly)

Sept. 22, 2020 PACER

Order on Motion to Stay

Sept. 22, 2020 PACER
41

MOTION for Extension of Time to File proposed Plan to implement Order and to extend stay by Anthony Annucci, Tina M. Stanford. (Turkle, Bruce) (Entered: 10/08/2020)

Oct. 8, 2020 RECAP

ORDER granting 41 Motion for Extension of Time to File. Given counsel's representations as to the need for one more week, the application is granted. So Ordered by Judge Raymond J. Dearie on 10/9/2020. (Baltimore, Molly)

Oct. 9, 2020 PACER

Order on Motion for Extension of Time to File

Oct. 9, 2020 PACER
42

Letter Defendants' Plan For Implementation Of Preliminary Injunction by Anthony Annucci, Tina M. Stanford (Schulze, Daniel) (Entered: 10/16/2020)

Oct. 16, 2020 PACER

ELECTRONIC ORDER re 42 Letter filed by Tina M. Stanford, Anthony Annucci. Response, if any, to defendants' plan for implementation of preliminary injunction, due 10/26/2020, to be electronically filed not later than 3:00pm. So Ordered by Judge Raymond J. Dearie on 10/22/2020. (Mulqueen, Ellen)

Oct. 22, 2020 PACER

Order(Other)

Oct. 22, 2020 PACER
43

Letter in response to plan to implement the preliminary injunction by Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber (Biklen, Molly) (Entered: 10/26/2020)

Oct. 26, 2020 PACER

ORDER re 42 Letter filed by Defendants Tina M. Stanford, Anthony Annucci. There being no objection, Defendants' plan for implementation of the Court's September 9, 2020 Order is approved. So Ordered by Judge Raymond J. Dearie on 10/27/2020. (Baltimore, Molly)

Oct. 27, 2020 PACER

Order(Other)

Oct. 27, 2020 PACER
44

MOTION for Extension of Time to Complete Discovery by Anthony Annucci, Tina M. Stanford. (Turkle, Bruce) (Entered: 10/30/2020)

Oct. 30, 2020 PACER

ORDER: The Motion for Extension of Time to Complete Discovery 44 is granted as follows: The deadline for completion of fact discovery is 3/15/2021. The deadline for completion of all discovery is 5/10/2021. The late date to take the first step in dispositive motion practice is 6/10/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/1/2020. (Farrell, Gillian)

Nov. 1, 2020 PACER

Order on Motion for Extension of Time to Complete Discovery

Nov. 1, 2020 PACER
45

MOTION to Intervene by non party, Daniel Miller. (Attachments: # 1 Proposed Intevenor Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Tavarez, Jennifer) (Entered: 11/23/2020)

Nov. 19, 2020 PACER

ORDER referring 45 MOTION to Intervene: Motion referred to Magistrate Judge Sanket J. Bulsara for decision. So Ordered by Judge Raymond J. Dearie on 11/24/2020. (Baltimore, Molly)

Nov. 24, 2020 PACER

Order(Other)

Nov. 24, 2020 PACER

ORDER: Any opposition to the Motion to Intervene 45 shall be filed by 12/9/2020. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/25/2020. (Farrell, Gillian)

Nov. 25, 2020 PACER

Order(Other)

Nov. 25, 2020 PACER
46

MEMORANDUM in Opposition to motion of Daniel Miller to intervene filed by Anthony Annucci, Tina M. Stanford. (Turkle, Bruce) (Entered: 12/09/2020)

Dec. 9, 2020 PACER
47

MEMORANDUM in Opposition re 45 MOTION to Intervene by non party, Daniel Miller filed by Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber. (Lambright, Daniel) (Entered: 12/09/2020)

Dec. 9, 2020 PACER
48

Letter dated 12/7/2020 to Judge Dearie from nonparty, Daniel Miller re: correspondence with one of Plaintiff's attorneys. (See letter for details) (Tavarez, Jennifer) (Entered: 12/16/2020)

Dec. 14, 2020 PACER
49

MOTION for Extension of Time to Complete Discovery by Anthony Annucci, Tina M. Stanford. (Turkle, Bruce) (Entered: 01/13/2021)

Jan. 13, 2021 PACER

ORDER: The Motion for Extension of Time to Complete Discovery 49 is granted as follows. The deadline for completion of fact discovery is 4/14/2021. The deadline for completion of all discovery is 6/9/2021. The late date to take the first step in dispositive motion practice is 7/9/2021. The status conference scheduled for 1/22/2021 is adjourned and will be held on 3/31/2021 at 10:00 AM before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/14/2021. (Farrell, Gillian)

Jan. 14, 2021 PACER
50

INTERVENOR'S MEMORANDUM Of Law in Reply to Defendant's Opposition to Motion re 45 MOTION to Intervene by non party, Daniel Miller. (Tavarez, Jennifer) Modified on 1/20/2021 (Tavarez, Jennifer). (Entered: 01/20/2021)

Jan. 14, 2021 PACER

Order on Motion for Extension of Time to Complete Discovery AND 1 - Terminate Hearings

Jan. 15, 2021 PACER
51

Letter MOTION for pre motion conference and explanation re: urgency for Motion to Intervene by nonparty, Daniel Miller. (Tavarez, Jennifer) (Entered: 02/16/2021)

Feb. 11, 2021 PACER

ORDER denying 51 Motion for Pre Motion Conference. Mr. Miller is among those who will benefit from the relief already granted by the Court. His application is therefore denied as moot. Further, contrary to Mr. Miller's representation, the clerk of New York State Supreme Court advises that his habeas petition is not pending due to his failure to file the required filing fee. So Ordered by Judge Raymond J. Dearie on 2/25/2021. (Baltimore, Molly) Modified on 2/25/2021 (Mulqueen, Ellen).

Feb. 25, 2021 PACER

Order on Motion for Pre Motion Conference

Feb. 25, 2021 PACER
52

Letter dated 2/24/2021 to Judge Dearie from Daniel Miller regarding his pending case in the Supreme Court. Mr. Miller informs the Court that he is still trying to resolve his issues with the NYS Attorney's Office. (See letter for details) (Tavarez, Jennifer) Modified on 3/10/2021 (Tavarez, Jennifer). (Entered: 03/10/2021)

March 3, 2021 PACER
53

NOTICE of Appearance by Terry Ding on behalf of Vernon Jones, Vladimir Krull, Thomas Mitchell, Compton Mohabir, Corydon Umber (aty to be noticed) (Ding, Terry) (Entered: 03/11/2021)

March 11, 2021 PACER
54

ORDER: As stated in the attached Order, the Motion to Intervene 45 is denied. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/11/2021. (Farrell, Gillian) (Entered: 03/11/2021)

March 11, 2021 PACER
55

Unsigned Order to Show Cause (For A Preliminary Injunction w/TRO) filed by non-party Daniel Miller dtd. 3/5/2021.(w/Emergency Declaration, Exh A, and Certificate of Service). (Recv'd. on 3/22/21 for filing). (Layne, Monique) (Entered: 03/22/2021)

March 18, 2021 PACER
56

ORDER denying 55 Unsigned Order to Show Cause (For A Preliminary Injunction w/TRO). The Clerk of Court is directed to mail a copy of this Order to Mr. Miller. SO Ordered by Judge Raymond J. Dearie on 3/23/2021. (Tavarez, Jennifer) (Entered: 03/23/2021)

March 23, 2021 PACER

SCHEDULING ORDER: Due to a scheduling conflict, the telephonic status conference scheduled for 3/31/2021 will be held on 3/29/2021 at 5:00 PM before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/23/2021. (Farrell, Gillian)

March 23, 2021 PACER

1 - Terminate Hearings AND Scheduling Order

March 23, 2021 PACER

SCHEDULING ORDER: The status conference scheduled for 3/29/2021 is adjourned and will be held on 5/5/2021 at 2:00 PM before Magistrate Judge Sanket J. Bulsara. The status conference will proceed by video. The Court will send a Microsoft Teams meeting link to the email addresses listed on the docket. Counsel may request that the Court send the link to email addresses not on the docket by providing the email addresses to Chambers email no later than 5/3/2021. All others may join the conference via telephone by using the toll-free number 877-336-1274 and passcode 6534420. Parties shall join five (5) minutes prior to the start of the conference. Persons granted remote access to proceedings are reminded that photographing, recording, or rebroadcasting of any Court proceeding or communication with the Court is prohibited. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/24/2021. (Farrell, Gillian)

March 24, 2021 PACER

Scheduling Order

March 24, 2021 PACER
58

Letter dated 3/12/2021 to Judge Dearie from nonparty, Daniel Miller regarding Judge Dearie's electronic Order dated 2/25/2021. Mr. Miller is also requesting the Court schedule a hearing for a preliminary injunction. (Tavarez, Jennifer) (Entered: 04/01/2021)

March 25, 2021 PACER
57

MOTION for Extension of Time to Complete Discovery and for settlement conference by Anthony Annucci, Tina M. Stanford. (Turkle, Bruce) (Entered: 03/26/2021)

March 26, 2021 PACER

ORDER: The Motion for Extension of Time to Complete Discovery 57 is granted as follows. The deadline for completion of fact discovery is 6/14/2021. The deadline for completion of all discovery is 8/9/2021. The last date to take the first step in dispositive motion practice is 9/8/2021. The status conference scheduled for 5/5/2021 is adjourned to 8/17/2021 at 10:00 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. A settlement conference will be held on 6/21/2021 at 2:30 PM before Magistrate Judge Sanket J. Bulsara. The settlement conference will be held via video. Parties are to submit their respective ex parte settlement positions via Chambers email no later than three days before 6/21/2021. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. Counsel must also provide email addresses and phone numbers for counsel and clients to the Court so that the Court may connect the parties to the video conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/28/2021. (Farrell, Gillian)

March 28, 2021 PACER

Order on Motion for Extension of Time to Complete Discovery AND 1 - Terminate Hearings

March 28, 2021 PACER

Order on Motion for Extension of Time to Complete Discovery

March 28, 2021 PACER

State / Territory: New York

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: March 12, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

6 individuals under the supervision of New York DOCCS required to register under SORA.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Prisoners' Legal Services of New York (PLSNY)

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commissioner (New York, Kings), State

Chairwoman of the New York State Board of Parole (New York, Kings), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 100000

Content of Injunction:

Preliminary relief granted

Reporting

Training

Issues

General:

Parole grant/revocation

Religious programs / policies

Sex offender regulation