Case: Disability Advocates Inc. v. Paterson

Consent to Electronic Case Filing filed by Barbara Hathaway, Esq., Amy Held, Esq. and Amy Abramowitz, Esq. (Lee, Tiffeny) (Entered: 07/30/2003)

CERTIFICATE OF SERVICE of admission to practice pro hac vice of Ira Burnim and Jennifer Mathis served to all parties on 7/31/2003. (Lee, Tiffeny) (Entered: 08/21/2003)

Consent to Electronic Case Filing by William G. Lienhard, counsel to plaintiff. (Lee, Tiffeny) (Entered: 08/22/2003)

Consent to Electronic Case Filing filed by Amelia A. Cottrell, counsel for pltf. Disability Advocates, Inc. (Vaughn, Terry) Modified on 8/11/2003 to include that Ms. Cottrell's ECF Registration form was included. (Vaughn, Terry). (Entered: 08/11/2003)

Consent to Electronic Case Filing filed by Mr. Johnson counsel for Pltf. Enclosed was Mr. Johnson's ECF Registration form. (Vaughn, Terry) (Entered: 08/11/2003)

Consent to Electronic Case Filing filed by Joshua Paul Groban, counsel for Pltf. Enclosed was Mr. Groban's ECF Registration form. (Vaughn, Terry) (Entered: 08/11/2003)

Consent to Electronic Case Filing by Cliff Zucker and Timothy Clune, counsel for plaintiff. (Lee, Tiffeny) (Entered: 08/27/2003)

Consent to Electronic Case Filing filed by Jennifer Mathis, counsel for pltf. (DiLorenzo, Krista) (Entered: 08/26/2003)

Consent to Electronic Case Filing filed by Ira A. Burnim, counsel for pltf. (DiLorenzo, Krista) (Entered: 08/26/2003)

ANSWER to Complaint by New York State Department of Health, New York State Office of Mental Health, Antonia C. Novello, George Pataki, James Stone.(Hathaway, Barbara) (Entered: 10/01/2003)

NOTICE of Appearance by Cliff Zucker on behalf of Disability Advocates, Inc. (Zucker, Cliff) (Entered: 10/14/2003)

NOTICE of Appearance by Lycette Nelson on behalf of Disability Advocates, Inc. (Lee, Tiffeny) (Entered: 10/27/2003)

Letter dated 10/2/03 from Barbara Hathaway to Judge Garaufis, advising that this office represents dfts Pataki, Novello, Stone, the NYS Dept of Health, and the NYS State Office of Mental Health. (Piper, Francine) (Entered: 11/18/2003)

Letter dated 11/24/03 from Joshua Groban Esq, to USMJ Levy submitted on behalf of the plaintiff, in response to defendants' letter dated 11/21/03. Plaintiff opposes defendants' request for recusal and is unaware of any legitimate basis for such recusal. (Williams-Jackson, Sandy) (Entered: 06/24/2004)

ORDER: The parties are correct. The requests for recusal were to be made by 11/21/2003. The next conference will be held on 3/2/2004 @ 1:00 pm. Status reports due 2/24/2004. Signed by Judge Robert M. Levy on 11/26/2003. Endorsed on 11/18 letter from Amelia Cottrell, Esq. to MJ Levy.(Lee, Tiffeny) (Entered: 01/12/2004)

ORDER : Application granted. Defendant may move by letter motion, supported by authority. The deadline to submit the motion, in view of counsel's schedule, is 1/7/2004. So Ordered. Signed by Judge Robert M. Levy on 12/5/2003. Endorsed on 12/5/2003 letter from AAG Hathaway to MJ Levy requesting extension of time to submit papers re: recusal.(Lee, Tiffeny) (Entered: 01/12/2004)

SETTLEMENT STATUS REPORT by Disability Advocates, Inc. (Lee, Tiffeny) (Entered: 12/18/2003)

Letter dated 11/25/2003 from AAG Hathaway to MJ Levy requesting until December 8, 2003 to file a formal motion of recusal, should the Court require one. (Lee, Tiffeny) (Entered: 12/17/2003)

ORDER granting plaintiff's request to have until 1/28/2004 to respond to defendants' motion on the issue of recusal. Signed by Judge Robert M. Levy on 12/10/2003. Endorsed on 12/9/2003 letter from Joshua Groban, Esq. to MJ Levy.(Lee, Tiffeny) (Entered: 12/17/2003)

SETTLEMENT STATUS REPORT by New York State Department of Health, New York State Office of Mental Health, Antonia C. Novello, George Pataki, James Stone. (Lee, Tiffeny) (Entered: 12/18/2003)

Letter from Barbara K. Hathaway to M.J. Levy Regarding Recusal of M.J. Levy. (Attachments: # 1 Exhibit A to C)(Hathaway, Barbara) (Entered: 01/07/2004)

2 Exhibit A to C

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Letter from Barbara K. Hathaway, AAG to Hon. Robert M. Levy Regarding Hon. Robert M. Levy's Recusal. (Hathaway, Barbara) (Entered: 02/02/2004)

Letter from Barbara K. Hathaway, AAG to Hon. Robert M. Levy, US Magistrate Judge Regarding Hon. Robert M. Levy's Recusal (With OAG Letterhead and Signed by AAG Barbara K. Hathaway). (Hathaway, Barbara) (Entered: 02/02/2004)

Letter from Barbara K. Hathaway, Assistant Attorney General to Hon. Robert M. Levy, US Magistrate Judge Regarding Defendants' Response to Plaintiff's Letter, dated February 17, 2004, re A Proposed Protective Order. (Hathaway, Barbara) (Entered: 02/19/2004)

Letter from John A. Gresham to The Honorable Robert M. Levy Regarding Attached Proposed Protective Order. (Groban, Joshua) (Entered: 02/24/2004)

Letter from Joshua Groban to The Honorable Robert M. Levy Regarding Case Status. (Groban, Joshua) (Entered: 02/24/2004)

Letter from Barbara K. Hathaway, Assistant Attorney General to Hon. Robert M. Levy, US Magistrate Judge Regarding Defendants' Status Report re Discovery and Settlement, pursuant to the Court's Scheduling Order. (Hathaway, Barbara) (Entered: 02/24/2004)

Letter dated 2/24/04 from Joshua Groban Esq, to USMJ Levy reporting on the status of the above captioned matter. (Williams-Jackson, Sandy) (Entered: 06/28/2004)

AFFIDAVIT OF CLIFF ZUCKER by Disability Advocates, Inc.. (Zucker, Cliff) (Entered: 02/25/2004)

Letter from Barbara K. Hathaway, Assistant Attorney General to Hon. Robert M. Levy, US Magistrate Judge Regarding Defendants' Response to John Gresham's Letter and Cliff Zucker's Affidavit re Plaintiff's Proposed Protective Order. (Hathaway, Barbara) (Entered: 02/27/2004)

Minute Entry for proceedings held before Robert M. Levy: Status Conference held on 3/2/2004. Argument heard on request for protective order. Decision reserved pending receipt of advisory opinion of Committee on Codes of Conduct regarding recusal issues.Tape #: 04/11: 1041-4964 (Lee, Tiffeny) (Entered: 03/08/2004)

Letter from John A. Gresham to The Honorable Robert M. Levy Regarding Proposed Protective Order. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Groban, Joshua) (Entered: 03/03/2004)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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TRANSCRIPT of Pre-Trial Conference held on Mar. 2, 2004 before Judge Robert M. Levy; Joseph C. Williams, (917) 435-3737. (Lee, Tiffeny) (Entered: 03/19/2004)

MEMORANDUM AND OPINIONPending before the court is defendants' motion for recusal pursuant to 28 U.S.C. Section 455(a), which provides that "[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Accordingly, under the unique circumstances of this case, defendants' motion is granted. SEE M&O Signed by Judge Robert M. Levy on 4/29/04. (Marino, Janine) (Entered: 04/29/2004)

TRANSCRIPT of Civil Cause for Pre-Trial Proceedings conference held on 3/2/04 before Judge Magistrate Robert M. Levy. (Drayton, Lorraine) (Entered: 05/11/2004)

ORDER granting 33 Letter application for protective order and release of unredacted confidential information. A status conference will be held on May 25, 2004 at 10:30 a.m. Signed by Judge Marilyn D. Go on 5/19/04. (Go, Marilyn) (Entered: 05/19/2004)

PROTECTIVE ORDER; Signed by Judge Marilyn D. Go on 5/19/2004. (Lee, Tiffeny) (Entered: 06/28/2004)

Letter dtd 1/28/2004 to Magistrate Judge Robert M. Levy from Joshua Groban, counsel for the plaintiff, requesting that Your Honor deny defendant's request for recusal. (Schillat, Louise) (Entered: 08/04/2004)

Letter dtd Feb. 2, 2004 to Magistrate Judge Robert M. Levy from Barbara K. Hathaway, requesting that Your Honor recuse himself. (Schillat, Louise) (Entered: 08/04/2004)

Letter dtd Feb. 25, 2004 to Magistrate Judge Robert M. Levy from John A. Gresham,in support of plaintiff's proposed protective order. (Affirmation of Cliff Zucker attached.) (Schillat, Louise) (Entered: 08/04/2004)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (Eastern District of New York) Regarding Discovery Dispute. (Hathaway, Barbara) (Entered: 09/01/2004)

Letter from Counsel for Plaintiff to Hon. Marilyn D. Go Regarding Defendants' letter dated September 1, 2004. (Groban, Joshua) (Entered: 09/07/2004)

Letter from Amelia A. Cottrell of Paul, Weiss, Rifkind, Wharton & Garrison LLP to Magistrate Judge Marilyn D. Go Regarding response to request for the parties' positions concerning the confidentiality regulations of 42 C.F.R. Sec. 51.45(a)(3). (Attachments: # 1 Text of Proposed Order)(Groban, Joshua) (Entered: 09/30/2004)

2 Text of Proposed Order

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Letter from Amy Held, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (Eastern District Court of New York) Regarding 42 C.F.R. Sec. 51.45, Submitted in Accordance with the Court's Oral Directive of 09/14/04. (Hathaway, Barbara) (Entered: 09/30/2004)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (Eastern District of New York) Regarding Extension of Document Production Deadline. (Hathaway, Barbara) (Entered: 10/20/2004)

Letter from Joshua Groban to Judge Go Regarding request for adjournment of deadline.. (Groban, Joshua) (Entered: 10/20/2004)

Letter from Cliff Zucker to The Honorable Marilyn Dolan Go Regarding Discovery Issue.. (Groban, Joshua) (Entered: 11/01/2004)

Letter from Amy Held, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (Eastern District of New York) Regarding Response of Non-Party OTDA and of Defendants to Plaintiff's November 1, 2004 Letter re: Discovery, Exhibits 1 to 6. (Hathaway, Barbara) (Entered: 11/05/2004)

Letter from Cliff Zucker, Esq. to The Honorable Marilyn Dolan Go Regarding defendants' and OTDA's joint letter dated November 5, 2004. (Groban, Joshua) (Entered: 11/09/2004)

NOTICE of Appearance by Beth Susan Frank on behalf of Disability Advocates, Inc. (Frank, Beth) (Entered: 12/06/2004)

TRANSCRIPT of Civil Cause for Conference held on 11/18/04 before Judge Marilyn D. Go. Court Reporter: Elizabeth Barron. (Drayton, Lorraine) (Entered: 01/13/2005)

Letter from Joshua Paul Groban to Magistrate Judge Marilyn D. Go Regarding Court's assistance in resolving another outstanding discovery dispute about access to a database. (Groban, Joshua) (Entered: 12/27/2004)

Letter from Amy L. Abramowitz, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding a request for an extension to respond to Plaintiff's letter dated December 27, 2004, concerning a discovery matter. (Hathaway, Barbara) (Entered: 12/29/2004)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding Document Production. (Hathaway, Barbara) (Entered: 12/30/2004)

Letter from Amy L. Abramowitz, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding resolution of dicovery dispute raised in Plaintiff's letter dated December 27, 2004. (Hathaway, Barbara) (Entered: 01/10/2005)

TRANSCRIPT of Conference held on November 10, 2004 before Judge Marilyn D. Go. Transcription Plus II, 9516) 358-7352. (Lee, Tiffeny) (Entered: 08/24/2007)

TRANSCRIPT of Civil Cause for Status held on 9/15/04 before Judge Marilyn D. Go. Official Transcriber: Rosalie Lombardi. L.F. (Drayton, Lorraine) (Entered: 05/10/2005)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding Request to Lift the Stay of Discovery. (Hathaway, Barbara) (Entered: 05/20/2005)

Letter MOTION to Compel Response to Interrogatory No. 1 by a date certain by all defendants. (Attachments: # 1 Exhibit ExhsA-IandK-MtoDefendants'5.25.ltr)(Held, Amy) (Entered: 05/25/2005)

2 Exhibit ExhsA-IandK-MtoDefendants'5.25.ltr

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RESPONSE in Opposition re 67 Letter MOTION to Compel Response to Interrogatory No. 1 by a date certain filed by Disability Advocates, Inc.. (Groban, Joshua) (Entered: 06/07/2005)

Letter from Joshua Paul Groban to Judge Marilyn D. Go Regarding inspection of Brooklyn Manor. (Groban, Joshua) (Entered: 06/08/2005)

REPLY to Response to Motion re 67 Letter MOTION to Compel Response to Interrogatory No. 1 by a date certain filed by all defendants. (Held, Amy) (Entered: 06/09/2005)

Letter from Barbara K. Hathaway to Hon. Marilyn D. Go Regarding Request, Upon Consent, for Extension of Discovery Deadline. (Hathaway, Barbara) (Entered: 07/08/2005)

Letter from Barbara K. Hathaway, Assistant Attorney General to Hon. Marilyn D. Go, US Magistrate Judge, EDNY Regarding Request for the Clarification of the Scheduling Order. (Hathaway, Barbara) (Entered: 08/08/2005)

TRANSCRIPT of Proceedings held on 07/29/2005 before Judge MDG. Court Reporter: Elizabeth Barron. (Clark, Shawn) (Entered: 08/09/2005)

Letter from Assistant Attorney General Amy H. Held to Hon. Marilyn D. Go, Magistrate Judge, EDNY Regarding Confidentiality Concerns with Respect to Document Production in Response to a Subpoena. (Hathaway, Barbara) (Entered: 10/05/2005)

Letter from Assistant Attorney General Barbara K. Hathaway to Hon. Marilyn D. Go, Magistrate Judge (EDNY) Regarding Request for Extension of the Fact Discovery Deadline. (Hathaway, Barbara) (Entered: 10/07/2005)

Letter from Defendants to Hon. Marilyn D. Go, U.S.M.J. Regarding Defendants' Request, With Plaintiff's Consent, to Extension of Fact Discovery Period, and to Adjournment of Dates Regarding Expert Disclosures. (Held, Amy) (Entered: 10/12/2005)

NOTICE of Appearance by Anne Skeels Raish on behalf of Disability Advocates, Inc. (Raish, Anne) (Entered: 10/18/2005)

Letter from Anne S. Raish to Magistrate Judge Go Regarding Discovery. (Raish, Anne) (Entered: 10/21/2005)

Letter from Amy M. Held, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding Plaintiff's consent to extension of Defendants' time to respond to Plaintiff's 10/21/05 letter to 10/31/05. (Hathaway, Barbara) (Entered: 10/24/2005)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding Opposition to Motion to Compel. (Hathaway, Barbara) (Entered: 10/31/2005)

MOTION for Extension of Time to Complete Discovery by Disability Advocates, Inc.. (Raish, Anne) (Entered: 11/01/2005)

Letter from Anne S. Raish to Honorable Marilyn D. Go Regarding Further Support of Motion to Compel. (Raish, Anne) (Entered: 11/03/2005)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding Request for Extension of Time to Serve Subpoena. (Hathaway, Barbara) (Entered: 11/04/2005)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of Attorney General to Honorable Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding Letter requesting conference regarding discovery dispute. (Hathaway, Barbara) (Entered: 11/09/2005)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding Opposition to Motion to Compel. (Hathaway, Barbara) (Entered: 11/10/2005)

Letter from Beth S. Frank to Hon. Marilyn D. Go Regarding Defendants' November 10, 2005 letter. (Frank, Beth) (Entered: 11/14/2005)

Letter from Scott J. Spiegelman to Hon. Marilyn D. Go, US Magistrate Judge (EDNY) Regarding Qualified Protective Order. (Spiegelman, Scott) (Entered: 11/23/2005)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding Non-party Discovery Issue. (Hathaway, Barbara) (Entered: 12/15/2005)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding Discovery Issues. (Hathaway, Barbara) (Entered: 12/28/2005)

Letter to The Honorable Marilyn D. Go in reponse to defendants' January 4,2006 letter by Disability Advocates, Inc.. (Raish, Anne) (Entered: 01/05/2006)

Letter re Request for Subpoenas by George Pataki, Antonia C. Novello, James Stone, New York State Department of Health, New York State Office of Mental Health. (Hathaway, Barbara) (Entered: 01/05/2006)

ORDER re 84 Letter application. As discussed at a conference on 1/6/09, the New York City Human Resources Administration must comply with two subpoenas by February 16, 2006. The ruling is without prejudice to the right of HRA to object to disclosure of specific records. Ordered by Judge Marilyn D. Go on 1/9/06. (Go, Marilyn) (Entered: 01/09/2006)

ORDER attached per docket entry 92. Ordered by Judge Marilyn D. Go on 1/9/06. (Go, Marilyn) (Entered: 01/09/2006)

Letter MOTION for Protective Order Precluding 30(b)(6) Deposition by all defendants. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I# 10 Exhibit Exhibit J# 11 Exhibit Exhibit K# 12 Exhibit Exhibit L# 13 Exhibit Exhibit M# 14 Exhibit Exhibit N)(Hathaway, Barbara) (Entered: 01/20/2006)

2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Exhibit Exhibit E

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7 Exhibit Exhibit F

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8 Exhibit Exhibit G

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9 Exhibit Exhibit H

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10 Exhibit Exhibit I

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11 Exhibit Exhibit J

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12 Exhibit Exhibit K

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13 Exhibit Exhibit L

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14 Exhibit Exhibit M

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15 Exhibit Exhibit N

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RESPONSE in Opposition re 94 Letter MOTION for Protective Order Precluding 30(b)(6) Deposition filed by Disability Advocates, Inc.. (Raish, Anne) (Entered: 01/24/2006)

Letter Reply in Support of Application for Protective Order by George Pataki, Antonia C. Novello, James Stone, New York State Department of Health, New York State Office of Mental Health. (Hathaway, Barbara) (Entered: 01/25/2006)

Letter Re Discovery Request to HRA by George Pataki, Antonia C. Novello, James Stone, New York State Department of Health, New York State Office of Mental Health. (Hathaway, Barbara) (Entered: 02/08/2006)

Letter To Judge Go in Advance of February 10, 2006 Court Conference by Disability Advocates, Inc.. (Raish, Anne) (Entered: 02/09/2006)

TRANSCRIPT of Civil Cause for Conference held on February 6, 2006 before Judge Marilyn D Go. Aria Transcriptions, (718) 522-2335. (Lee, Tiffeny) (Entered: 03/21/2006)

TRANSCRIPT of Proceedings for date of February 10, 2006 before Judge Marilyn D. Go. Transcript produced by transcription service. (Williams-Jackson, Sandy) (Entered: 02/23/2006)

ORDER granting motion to compel re 97 Letter filed by George Pataki,, James Stone,, New York State Department of Health,, Antonia C. Novello,, New York State Office of Mental Health. The HRA must promptly produce the HRA 2000 applications. Ordered by Judge Marilyn D. Go on 02/28/06. (Proujansky, Josh) (Entered: 02/28/2006)

Letter To The Honorable Marilyn D. Go From Anne Raish Regarding Discovery by Disability Advocates, Inc.. (Attachments: # 1 Exhibit A-F)(Raish, Anne) (Entered: 03/14/2006)

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Letter Dated March 17, 2006 To the Honorable Marilyn D. Go For A Two-Week Extension Of Time by Disability Advocates, Inc.. (Raish, Anne) (Entered: 03/17/2006)

Letter Regarding Defendants' Response to Plaintiff's Letter Regarding Discovery by George Pataki, Antonia C. Novello, James Stone, New York State Department of Health, New York State Office of Mental Health. (Hathaway, Barbara) (Entered: 03/17/2006)

Letter To The Honorable Marilyn D. Go Dated March 22, 2006 In Further Support Of Plaintiff's Application For An Order Requiring Defendants To Designate A Witness by Disability Advocates, Inc.. (Raish, Anne) (Entered: 03/22/2006)

Letter Regarding Discovery Dispute by George Pataki, Antonia C. Novello, James Stone, New York State Department of Health, New York State Office of Mental Health. (Hathaway, Barbara) (Entered: 03/23/2006)

Letter to the Honorable Marilyn D. Go from Anne Raish re: Defendants' Letter Dated March 23, 2006 by Disability Advocates, Inc.. (Raish, Anne) (Entered: 03/28/2006)

Letter in Reply re Discovery Dispute by George Pataki, Antonia C. Novello, James Stone, New York State Department of Health, New York State Office of Mental Health. (Hathaway, Barbara) (Entered: 03/31/2006)