Case: Cardew v. New York State Department of Corrections and Community Supervision

COMPLAINT against All Defendants $ 402 receipt number 0209-4345795, filed by Philip Nelson, Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Attorney Attachment, # 3 DOCCS Summons, # 4 Annucci Summons, # 5 LaManna Summons)(Atkinson, Torie) (Entered: 08/30/2021)

1 Civil Cover Sheet

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2 Civil Cover Sheet Attorney Attachment

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3 DOCCS Summons

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4 Annucci Summons

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5 LaManna Summons

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NOTICE of Appearance by Andrew Austin Stecker on behalf of All Plaintiffs (Stecker, Andrew) (Entered: 08/30/2021)

NOTICE of Appearance by Hallie Elizabeth Mitnick on behalf of All Plaintiffs (Mitnick, Hallie) (Entered: 08/31/2021)

NOTICE of Appearance by Chloe Ines Holzman on behalf of All Plaintiffs (Holzman, Chloe) (Entered: 08/31/2021)

Summons Issued as to Anthony J. Annucci, Amy LaManna, New York State Department of Corrections and Community Supervision. (JLV) (Entered: 08/31/2021)

Case Assigned to Hon. Charles J. Siragusa. Notification to Chambers of on-line civil case opening. (JLV)

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (JLV)

AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV)

NOTICE of Appearance by Megan P. Welch on behalf of All Plaintiffs (Welch, Megan) (Entered: 09/02/2021)

AFFIDAVIT of Service for Summons and Complaint served on Defendants NYSDOCCS, Anthony J. Annucci, and Amy LaManna on 09-07-2021, filed by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson. (Stecker, Andrew) (Entered: 09/07/2021)

ANSWER to 1 Complaint, by Anthony J. Annucci, Amy LaManna, New York State Department of Corrections and Community Supervision.(Brown, Matthew) (Entered: 10/20/2021)

TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Mark W. Pedersen. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. All non-dispositive motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Signed by Hon. Charles J. Siragusa on 10/25/2021. (KJA) (Entered: 10/25/2021)

ORDER: Scheduling Conference set for 1/4/2022 at 1:45 PM before Hon. Mark W. Pedersen. A joint proposed discovery plan is due to be filed at least 4 business days prior to the conference. Signed by Hon. Mark W. Pedersen on 12/9/2021. (JB) (Entered: 12/09/2021)

Letter MOTION filed by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson as to Amy LaManna, New York State Department of Corrections and Community Supervision, Anthony J. Annucci re Requesting Permission to Attend Scheduling Conference Virtually. (Holzman, Chloe) Modified on 12/22/2021 (LMD). (Entered: 12/21/2021)

E-Filing Notification: Clerk Modified the following entry from a Letter to a Letter Motion 11 Letter MOTION. No action required. (LMD)

TEXT ORDER granting 11 Motion to appear by telephone. The Court will advise the parties for call-in instructions. Signed by Hon. Mark W. Pedersen on 12/29/21. (KAP) (Entered: 12/29/2021)

Minute Entry for proceedings held before Hon. Mark W. Pedersen: Scheduling Conference held on 1/4/2022. Parties agree to a proposed schedule, Scheduling Order to be issued. (JB) (Entered: 01/07/2022)

SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosures due by 1/18/2022. Stipulation of Selection of Mediator due by 2/1/2022. First Mediation Session due by 3/29/2022. Settlement Conference set for 4/5/2022 09:30 AM before Hon. Mark W. Pedersen. Mediation To End by 5/31/2022. Motions to Compel Discovery due by 7/29/2022. Discovery completed by 8/26/2022. Plaintiff Expert Witness ID due by 10/7/2022. Defendant Expert Witness ID due by 11/18/2022. Dispositive Motions due by 3/25/2023.. Signed by Hon. Mark W. Pedersen on 1/4/22. (KAP) (Entered: 01/05/2022)

Stipulation-Selection of Mediator by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson(Stecker, Andrew) (Entered: 01/25/2022)

ORDERS TO PRODUCE as to Harrell Bonner, Philip Nelson, Robert Cardew, Melvin Johnson, and Khalik Jones. Signed by Hon. Mark W. Pedersen on 2/23/2022. (JB) (Entered: 02/25/2022)

Motion filed by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson as to New York State Department of Corrections and Community Supervision, Anthony J. Annucci, Amy LaManna for Extension of Mediation Deadline and Motion to Adjourn the Settlement Conference. (Mitnick, Hallie) Modified on 3/23/2022 (LMD). (Entered: 03/22/2022)

E-Filing Notification: Clerk modified the following entry from a Letter to two motions, 18 MOTION for Extension of Time MOTION to Adjourn. Please note, in the future when a request for relief is filed it must be filed as a motion. No action needed. (LMD)

First MOTION for Extension of Time to File Motion for Class Certification by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson.(Mitnick, Hallie) (Entered: 04/12/2022)

Mediation Certification by Amanda Williams. The case has not settled mediation will continue on 6/22/2022.(AGW) (Entered: 04/14/2022)

TEXT ORDER granting 19 Motion for Extension of Time to File. Deadline to file motion for class certification is now June 28, 2022. Signed by Hon. Mark W. Pedersen on 5/3/22. (KAP) (Entered: 05/03/2022)

ORDER, ( Telephone Scheduling Conference set for 5/24/2022 01:00 PM before Hon. Mark W. Pedersen.). Using a landline telephone, Counsel is directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time. Signed by Hon. Mark W. Pedersen on 5/4/22. (KAP) (Entered: 05/04/2022)

Minute Entry for proceedings held before Hon. Mark W. Pedersen: Telephone Scheduling Conference held on 5/24/2022. Appearances: Chloe Ines Holzman, Esq.; Hallie Elizabeth Mitnick, Esq.; Megan P. Welch, Esq.; Andrew Austin Stecker, Esq.; Matthew P. Brown, Esq.. the Court will issue a motion scheduling order for Plaintiffs to file their motion to compel. (Court Reporter FTR Gold.) (JB) (Entered: 05/25/2022)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Scheduling Conference held on May 24, 2022, before Judge Mark W. Pedersen. Transcriber Diane S. Martens, dimartens55@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/21/2022. Redacted Transcript Deadline set for 7/5/2022. Release of Transcript Restriction set for 8/29/2022. (DSM) (Entered: 05/31/2022)

MOTION to Compel Initial Disclosures and Defendants' Responses to Plaintiffs' First Set of Interrogatories and First Set of Requests for Production and Motion for Sanctions by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson.(Atkinson, Torie) (Entered: 06/02/2022)

MEMORANDUM in Support re 25 MOTION to Compel Initial Disclosures and Defendants' Responses to Plaintiffs' First Set of Interrogatories and First Set of Requests for Production and Motion for Sanctions filed by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson. (Atkinson, Torie) (Entered: 06/02/2022)

DECLARATION signed by Hallie Mitnick re 25 MOTION to Compel Initial Disclosures and Defendants' Responses to Plaintiffs' First Set of Interrogatories and First Set of Requests for Production and Motion for Sanctions filed by Philip Nelson, Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones filed by Philip Nelson, Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones. (Attachments: # 1 Exhibit A. Plaintiffs' Initial Disclosures and Accompanying Email, # 2 Exhibit B. Defendants' Initial Disclosures and Accompanying Email, # 3 Exhibit C. Plaintiffs' First Set of Requests for Production of Documents, # 4 Exhibit D. Plaintiffs' First Set of Interrogatories, # 5 Exhibit E. Emails Regarding Discovery, # 6 Exhibit F. Emails Memorializing Phone Calls, # 7 Exhibit G. Letter Requesting Discovery Conference)(Atkinson, Torie) (Entered: 06/02/2022)

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Hon. Mark W. Pedersen on 6/7/22. (KAP) (Entered: 06/07/2022)

MOTION to Stay Deadline for Class Certification Motion Pending Motion to Compel Discovery by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson.(Mitnick, Hallie) (Entered: 06/13/2022)

Mediation Certification by Amanda Williams. Mediation session has been adjourned to 8/23/2022.(AGW) (Entered: 06/15/2022)

RESPONSE to Motion re 25 MOTION to Compel Initial Disclosures and Defendants' Responses to Plaintiffs' First Set of Interrogatories and First Set of Requests for Production and Motion for Sanctions filed by Anthony J. Annucci, Amy LaManna, New York State Department of Corrections and Community Supervision. (Brown, Matthew) (Entered: 06/16/2022)

ORDER TO PRODUCE as to Harrell Bonner. Signed by Hon. Mark W. Pedersen on 6/16/2022. (JB) (Entered: 06/17/2022)

ORDER TO PRODUCE as to Philip Nelson. Signed by Hon. Mark W. Pedersen on 6/16/2022. (JB) (Entered: 06/17/2022)

ORDER TO PRODUCE as to Melvin Johnson. Signed by Hon. Mark W. Pedersen on 6/16/2022. (JB) (Entered: 06/17/2022)

ORDER TO PRODUCE as to Robert Cardew. Signed by Hon. Mark W. Pedersen on 6/16/2022. (JB) (Entered: 06/17/2022)

REPLY/RESPONSE to re 25 MOTION to Compel Initial Disclosures and Defendants' Responses to Plaintiffs' First Set of Interrogatories and First Set of Requests for Production and Motion for Sanctions filed by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson. (Atkinson, Torie) (Entered: 06/23/2022)

TEXT ORDER granting 29 Motion to Stay. Class certification motion due within 60 days of the date of the Courts decision on Plaintiffs motion to compel ECF No. 25 . Signed by Hon. Mark W. Pedersen on 7/12/2022. (Pedersen, Mark)-CLERK TO FOLLOW UP- (Entered: 07/12/2022)

DECISION AND ORDER granting 25 Motion to Compel. Signed by Hon. Mark W. Pedersen on 7/18/22. (KAP) (Entered: 07/18/2022)

MOTION for Sanctions by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Atkinson, Torie) (Entered: 08/15/2022)

Motion Scheduling Order - Plaintiffs have filed a motion for sanctions 39 . Defendants shall respond on or before August 30, 2022. Signed by Hon. Mark W. Pedersen on 8/16/2022. (NJJ) (Entered: 08/16/2022)

Mediation Certification by Amanda Williams. Mediation session has been adjourned to 11/10/2022.(AGW) (Entered: 08/23/2022)

DECLARATION signed by Matthew D. Brown re 39 MOTION for Sanctions filed by New York State Department of Corrections and Community Supervision, Anthony J. Annucci, Amy LaManna filed by New York State Department of Corrections and Community Supervision, Anthony J. Annucci, Amy LaManna. (Brown, Matthew) (Entered: 08/30/2022)

CALENDAR EVENT: Telephone Conference re ECF 39 MOTION for Sanctions set for 10/12/2022 at 2:00 PM before Hon. Mark W. Pedersen. Using a landline telephone, Counsel is directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time (JB)

TEXT ORDER: During the October 12, 2022, conference, the Court outlined the following schedule: On or before October 27, 2022, the parties will meet and confer regarding the amount and type of documents still outstanding. The parties will also determine a date or dates certain by which the outstanding documents will be produced. The parties will inform the Court about the dates and types of outstanding documents by October 27, 2022. The Court will order the parties produce the documents by a date. Sixty days after that date, the motion to certify a class is due. Fourteen days after the date certain, any motions to extend discovery deadlines are due. So Ordered. Signed by Hon. Mark W. Pedersen on 10/12/2022. (NJJ) (Entered: 10/12/2022)

Minute Entry for proceedings held before Hon. Mark W. Pedersen: Telephone Conference held on 10/12/2022. Appearances: Hallie Mitnick, Esq.; Andrew Stecker, Esq.; Matthew D. Brown, Esq.. Written Order to be issued. (Court Reporter AT&T Conference.) (JB) (Entered: 10/14/2022)

STATUS REPORT Joint by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson. (Mitnick, Hallie) (Entered: 10/27/2022)

Mediation Certification by Amanda Williams. Mediation session has been adjourned to 1/25/2023.(AGW) (Entered: 11/03/2022)

AMENDED DOCUMENT by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson. Amendment to 12 Discovery Plan Joint. (Mitnick, Hallie) (Entered: 11/15/2022)

AMENDED DISCOVERY PLAN AND ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Motions to Compel Discovery due by 5/26/2023. Discovery completed by 7/7/2023. Plaintiff Expert Witness ID due by 8/11/2023. Defendant Expert Witness ID due by 9/15/2023. Dispositive Motions due by 12/15/2023.. Signed by Hon. Mark W. Pedersen on 12/13/22. (KAP) Modified on 1/25/2023 (KAP). (Entered: 12/13/2022)

CALENDAR EVENT: Telephone Conference set for 1/25/2023 at 10:30 AM before Hon. Mark W. Pedersen. Using a landline telephone, Counsel is directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time. (JB)

AMENDED SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Motions to Compel Discovery due by 5/26/2023. Discovery completed by 7/7/2023. Dispositive Motions due by 12/15/2023.. Signed by Hon. Mark W. Pedersen on 1/25/23. (KAP) (Entered: 01/25/2023)

DISREGARD - ORDER FILED IN WRONG CASE. TEXT ORDER: Plaintiff having been ordered to file a status report on or before November 1, 2022, and no such report or other communication having been received from Plaintiff, it is hereby ORDERED that Plaintiff's counsel is directed to submit the delinquent report within ten days, and if no report is received the Court will assume that the matter is resolved and dismiss the action. SO ORDERED.. Signed by Hon. Charles J. Siragusa on 1/25/23. (KAP) Modified on 1/27/2023 (KAP). (Entered: 01/25/2023)

Minute Entry for proceedings held before Hon. Mark W. Pedersen: Telephone Conference held on 1/25/2023. Appearances: Torie Alisa Atkinson, Esq.; Chloe Ines Holzman, Esq.; Hallie Elizabeth Mitnick, Esq.; Megan P. Welch, Esq.; Andrew Austin Stecker, Esq.; Matthew D. Brown, Esq.. Parties discuss outstanding discovery issues. Further Case Management Teleconference set for 2/14/2023 at 10:00 AM before Hon. Mark W. Pedersen. Using a landline telephone, Counsel is directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time. (Court Reporter AT&T Conference.) (JB) (Entered: 01/30/2023)

E-Filing Notification: Document filed in wrong case. Disregard docket entry. 50 DISREGARD - ORDER FILED IN WRONG CASE. TEXT ORDER: Plaintiff having been ordered to file a status report on or before November 1, 2022, and no such report or other communication having been received from Plaintiff, it is hereby ORDERED that Plaintiff's counsel is directed to submit the delinquent report within ten days, and if no report is received the Court will assume that the matter is resolved and dismiss the action. SO ORDERED.. Signed by Hon. Charles J. Siragusa on 1/25/23. (KAP) Modified on 1/27/2023 (KAP). (KAP)

TEXT ORDER finding as moot 39 Motion for Sanctions. The parties have met and conferred on the issue. Plaintiffs stated in the February 14, 2023 that Defendants have provided the discovery sought in the motion and thus wish to have the motion mooted. Further, Plaintiffs stated they do not wish to pursue monetary sanctions. Signed by Hon. Mark W. Pedersen on 2/14/23. (NJJ) (Entered: 02/14/2023)

Minute Entry for proceedings held before Hon. Mark W. Pedersen: Case Management Conference held on 2/14/2023. Appearances: Torie Alisa Atkinson, Esq.; Chloe Ines Holzman, Esq.; Hallie Elizabeth Mitnick, Esq.; Andrew Austin Stecker, Esq.; Matthew D. Brown, Esq.. Parties continue discussing outstanding discovery issues/settlement issues. Further Case Management Teleconference re scheduling a Settlement Conference set for 3/15/2023 at 2:00 PM before Hon. Mark W. Pedersen. Using a landline telephone, Counsel is directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time. (Court Reporter AT&T Conference.) (JB) (Entered: 02/17/2023)

MOTION to Certify Class by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson. (Attachments: # 1 Memorandum in Support of Motion for Class Certification, # 2 Declaration Atkinson Declaration, # 3 Exhibit Atkinson Ex. A, # 4 Exhibit Atkinson Ex. B, # 5 Exhibit Atkinson Ex. C, # 6 Exhibit Atkinson Ex. D, # 7 Exhibit Atkinson Ex. E, # 8 Exhibit Atkinson Ex. F, # 9 Exhibit Atkinson Ex. G, # 10 Exhibit Atkinson Ex. H, # 11 Declaration Mitnick Declaration, # 12 Declaration Cardew Declaration, # 13 Declaration Bonner Declaration, # 14 Declaration Nelson Declaration, # 15 Declaration Johnson Declaration, # 16 Declaration Jones Declaration, # 17 Declaration Alford Declaration, # 18 Declaration Burks Declaration, # 19 Declaration Cutaia Declaration, # 20 Declaration Harrell Declaration, # 21 Declaration Jessamy Declaration, # 22 Declaration Lyon Declaration, # 23 Declaration Melendez Declaration, # 24 Declaration Morales Declaration, # 25 Declaration Nellis Declaration, # 26 Declaration Neysmith Declaration, # 27 Declaration Reid Declaration, # 28 Declaration Starnes Declaration)(Atkinson, Torie) (Entered: 02/15/2023)

1 Memorandum in Support of Motion for Class Certification

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2 Declaration Atkinson Declaration

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3 Exhibit Atkinson Ex. A

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4 Exhibit Atkinson Ex. B

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5 Exhibit Atkinson Ex. C

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6 Exhibit Atkinson Ex. D

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7 Exhibit Atkinson Ex. E

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8 Exhibit Atkinson Ex. F

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9 Exhibit Atkinson Ex. G

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10 Exhibit Atkinson Ex. H

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11 Declaration Mitnick Declaration

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12 Declaration Cardew Declaration

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13 Declaration Bonner Declaration

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14 Declaration Nelson Declaration

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15 Declaration Johnson Declaration

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16 Declaration Jones Declaration

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17 Declaration Alford Declaration

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18 Declaration Burks Declaration

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19 Declaration Cutaia Declaration

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20 Declaration Harrell Declaration

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21 Declaration Jessamy Declaration

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22 Declaration Lyon Declaration

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23 Declaration Melendez Declaration

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24 Declaration Morales Declaration

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25 Declaration Nellis Declaration

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26 Declaration Neysmith Declaration

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27 Declaration Reid Declaration

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28 Declaration Starnes Declaration

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Minute Entry for proceedings held before Hon. Mark W. Pedersen: Case Management Teleconference held on 3/15/2023. Appearances: Torie Alisa Atkinson, Esq.; Chloe Ines Holzman, Esq.; Hallie Elizabeth Mitnick, Esq.; Megan P. Welch, Esq.; Matthew D. Brown, Esq.. Parties do not believe class certification will affect the schedule. The parties shall engage in mediation with each side having settlement authority no later than 5/31/2023. (Court Reporter AT&T Conference.) (JB) (Entered: 03/16/2023)

TEXT SCHEDULING ORDER: On February 15, 2023, named Plaintiffs filed a motion to certify class [ECF No. 53]. To date, Defendants have not filed opposition papers. Defendants are hereby directed to file and their response, if any, to Plaintiffs motion to certify class no later than April 28, 2023. The Court will notify the parties if oral argument is deemed necessary; otherwise, the matter will be considered as submitted on the papers, and the Court will issue a written decision and order at its earliest opportunity. SO ORDERED.. Signed by Hon. Charles J. Siragusa on 4/11/23. (KAP) (Entered: 04/11/2023)

Mediation Certification by Amanda Williams. The case has not settled mediation complete (see comments). (AGW) (Entered: 05/16/2023)

Joint Letter Motion for extension of time filed by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson as to New York State Department of Corrections and Community Supervision, Anthony J. Annucci, Amy LaManna Joint Request for Extension. (Mitnick, Hallie) Modified on 5/22/2023 (LMD). (Entered: 05/19/2023)

E-Filing Notification: The following document was filed as a Letter. Clerk modified the entry to change it to a Joint Letter Motion for Extension of Time. 58 JOINT LETTER MOTION for Extension of Time (LMD)

Letter filed by New York State Department of Corrections and Community Supervision, Anthony J. Annucci, Amy LaManna as to New York State Department of Corrections and Community Supervision, Anthony J. Annucci, Amy LaManna Status Report Regarding Mediation. (Brown, Matthew) (Entered: 06/01/2023)

TEXT ORDER granting 58 Motion for Extension of Time. Amended Scheduling Order to be issued. Signed by Hon. Mark W. Pedersen on 6/14/2023. (JB) (Entered: 06/14/2023)

AMENDED SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Motions to Compel Discovery due by 7/25/2023. Discovery completed by 9/5/2023. Defendant Expert Witness ID due by 10/10/2023. Plaintiff Expert Witness ID due by 10/10/2023. Dispositive Motions due by 2/13/2024.. Signed by Hon. Mark W. Pedersen on 6/12/2023. (JB) (Entered: 06/14/2023)

CALENDAR EVENT: Case Management Conference set for 6/26/2023 at 11:00 AM via telephone conference before Hon. Mark W. Pedersen. Using a landline telephone, Counsel is directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time (JB)

Minute Entry for proceedings held before Hon. Mark W. Pedersen: Case Management Teleconference held on 6/27/2023. Appearances: Chloe Ines Holzman, Esq.; Hallie Elizabeth Mitnick, Esq.; Megan P. Welch, Esq.; Andrew Austin Stecker, Esq.; Matthew D. Brown, Esq.. Defense working towards responding to interrogatories prior to the close of fact discovery, will seek to respond to discovery requests by 7/15/2023. No further dates set at this time. (Court Reporter AT&T Conference.) (JB) (Entered: 06/28/2023)

Amended Minute Entry for proceedings held before Hon. Mark W. Pedersen: Case Management Teleconference held on 6/27/2023. Appearances: Chloe Ines Holzman, Esq.; Hallie Elizabeth Mitnick, Esq.; Megan P. Welch, Esq.; Andrew Austin Stecker, Esq.; Matthew D. Brown, Esq.. Defense working towards responding to interrogatories prior to the close of fact discovery, will seek to respond to discovery requests by 7/15/2023. Defense counsel states that Defendants do not oppose Plaintiffs' motion for class certification (ECF No. 53 ), and reports that he is working towards responding to interrogatories prior to the close of fact discovery, will seek to respond to discovery requests by 7/15/2023. No further dates set at this time. (Court Reporter AT&T Conference.) (JB) (Entered: 06/29/2023)

MOTION for Extension of Time to Complete Discovery by Anthony J. Annucci, Amy LaManna, New York State Department of Corrections and Community Supervision.(Brown, Matthew) (Entered: 07/28/2023)

TEXT ORDER granting 64 Joint Motion for Extension of Time to Complete Discovery. The Court will issue an amended scheduling order incorporating the parties' requested new deadlines. Signed by Hon. Mark W. Pedersen on 8/1/23. (Pedersen, Mark)Clerk to Follow up (Entered: 08/01/2023)

**DISREGARD, FILED IN ERROR** TEXT ORDER: During the August 2, 2023 case management conference, the parties indicated that they intend to pursue a class action settlement. Further the parties requested forty-five days to file a motion for approval of a class action settlement. The Court grants this request. The motion for approval of a class action settlement is due on or before September 13, 2023. Signed by Hon. Mark W. Pedersen on 8/2/23. (NJJ) Modified on 8/2/2023 (JB). (Entered: 08/02/2023)

Set/Reset Scheduling Order Deadlines: Fact F Motions to Compel Discovery due by 9/25/2023. Fact Discovery completed by 11/6/2023. Defendant Expert Witness ID due by 12/11/2023. Plaintiff Expert Witness ID due by 12/11/2023. Dispositive Motions due by 4/15/2024. (LMD)

E-Filing Notification re 66 TEXT ORDER: Document filed in wrong case. Disregard docket entry. (JB)

SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Motions to Compel Discovery due by 9/25/2023. Discovery completed by 11/6/2023. Plaintiff Expert Witness ID due by 12/11/2023. Defendant Expert Witness ID due by 1/15/2024. Dispositive Motions due by 4/15/2024.. Signed by Hon. Mark W. Pedersen on 8/2/2023. (JB) (Entered: 08/07/2023)

Joint MOTION for Extension of Time to Complete Discovery by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson.(Atkinson, Torie) (Entered: 09/29/2023)

TEXT ORDER granting 68 Motion for Extension of Time to Complete Discovery. Amended Scheduling Order to be issued. Signed by Hon. Mark W. Pedersen on 10/2/2023. (JB) (Entered: 10/02/2023)

AMENDED SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Motions to Compel Discovery due by 11/27/2023. Discovery completed by 1/5/2024. Defendant Expert Witness ID due by 2/9/2024. Plaintiff Expert Witness ID due by 2/9/2024. Dispositive Motions due by 6/14/2024.. Signed by Hon. Mark W. Pedersen on 10/2/2023. (JB) (Entered: 10/02/2023)

Joint MOTION for Extension of Time to Complete Discovery by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson.(Atkinson, Torie) (Entered: 12/12/2023)

SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Discovery completed by 4/4/2024. Motions to Compel Discovery due by 4/4/2024. Plaintiff Expert Witness ID due by 5/9/2024. Defendant Expert Witness ID due by 6/13/2024. Dispositive Motions due by 9/12/2024. Signed by Hon. Mark W. Pedersen on 12/18/2023. (Hartsough, Harrison) (Hartsough, Harrison). (Entered: 12/18/2023)

E-Filing Notification re: 72 SCHEDULING/CASE MANAGEMENT ORDER. Document uploaded. No document was attached originally to ECF No. 72. NEFs regenerated. No action required. (Hartsough, Harrison)

TEXT ORDER granting 71 Motion for Extension of Time to Complete Discovery. The Court grants this motion and notes that a scheduling order was uploaded yesterday. SO ORDERED. Signed by Hon. Mark W. Pedersen on 12/19/2023. (Hartsough, Harrison) (Entered: 12/19/2023)

Letter filed by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson as to New York State Department of Corrections and Community Supervision, Anthony J. Annucci, Amy LaManna Seeking Clarification/Amendment of 12/18/23 Scheduling Order. (Atkinson, Torie) (Entered: 12/20/2023)

SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) See ECF No. 72 and the corresponding docket entry for deadline dates. 5th Amended Scheduling Order altered based on ECF No. 74 . Both parties to serve initial expert reports by May 9, 2024 and both parties to serve any rebuttal expert reports by June 13, 2024. SO ORDERED. Signed by Hon. Mark W. Pedersen on 12/22/23. (Hartsough, Harrison) (Entered: 12/22/2023)

NOTICE of Withdrawal of Attorney: Torie Atkinson no longer appearing for Plaintiffs Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson. CLERK TO FOLLOW UP. (Holzman, Chloe) (Entered: 03/29/2024)

MOTION for Extension of Time to File by Anthony J. Annucci, Amy LaManna, New York State Department of Corrections and Community Supervision.(Halliyadde, Muditha) (Entered: 04/29/2024)

TEXT ORDER granting 77 Motion for Extension of Time to File. The Court GRANTS the parties' joint request to extend deadlines. A scheduling order will follow. SO ORDERED. Signed by Hon. Mark W. Pedersen on 5/2/24. (Hartsough, Harrison) (Entered: 05/02/2024)

SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Discovery completed by 7/2/2024. Motions to Compel Discovery due by 7/3/2024. Dispositive Motions due by 12/11/2024. PARTIES ARE ADVISED TO REVIEW THIS SCHEDULING ORDER CAREFULLY AS THE COURT HAS ADOPTED NEW LANGUAGE CONCERNING GOOD CAUSE FOR EXTENSIONS. Signed by Hon. Mark W. Pedersen on 5/2/24. (Hartsough, Harrison) (Entered: 05/02/2024)

Letter filed by New York State Department of Corrections and Community Supervision, Anthony J. Annucci, Amy LaManna (Letter to Court). (Halliyadde, Muditha) (Entered: 06/17/2024)

NOTICE of Appearance by Muditha Halliyadde on behalf of Anthony J. Annucci, Amy LaManna, New York State Department of Corrections and Community Supervision (Halliyadde, Muditha) (Entered: 06/18/2024)

NOTICE of Appearance by John Anthony Marsella on behalf of Anthony J. Annucci, Amy LaManna, New York State Department of Corrections and Community Supervision (Marsella, John) (Entered: 06/18/2024)

Letter filed by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson Response to ECF 80. (Holzman, Chloe) (Entered: 06/21/2024)

REPLY/RESPONSE to re 83 Letter (Letter of Clarification) filed by Anthony J. Annucci, Amy LaManna, New York State Department of Corrections and Community Supervision. (Halliyadde, Muditha) (Entered: 06/25/2024)

MOTION to Substitute Party Commissioner and Superintendent Defendants pursuant to FRCP 25(d) by Anthony J. Annucci, Amy LaManna, New York State Department of Corrections and Community Supervision.(Marsella, John) (Entered: 06/26/2024)

Seventh MOTION for Extension of Time to Complete Discovery by Anthony J. Annucci, Amy LaManna, New York State Department of Corrections and Community Supervision.(Marsella, John) (Entered: 06/28/2024)

MOTION for Leave to File Excess Pages (Permission to Exceed 25 Page Maximum for Memorandum) by Anthony J. Annucci, Amy LaManna, New York State Department of Corrections and Community Supervision.(Halliyadde, Muditha) (Entered: 07/02/2024)

TEXT ORDER re 86 Seventh MOTION for Extension of Time to Complete Discovery filed by Amy LaManna, Anthony J. Annucci, New York State Department of Corrections and Community Supervision. Plaintiffs indicated their intent to oppose the pending motion for an extension of time. (See ECF No. 83 .) Under Loc. R. Civ. P. 7(b)(2)(B), because this motion will be contested, and no request for expedited briefing has been made, any objection or opposition is due from Plaintiffs by no later than July 12, 2024. Defendants shall have seven (7) days after service of the responding papers to file and serve reply papers. SO ORDERED. Signed by Hon. Mark W. Pedersen on 7/2/24. (Hartsough, Harrison) (Entered: 07/02/2024)