Case: Disability Rights New York

COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-10013367 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Disability Rights New York. (Attachments: # 1 Civil Cover Sheet) (Weissman, Lara) (Entered: 11/30/2017)

Proposed Summons. Re 1 Complaint, by Disability Rights New York (Weissman, Lara) (Entered: 11/30/2017)

Proposed Summons. Re 1 Complaint, by Disability Rights New York (Weissman, Lara) (Entered: 11/30/2017)

Proposed Summons. Re 1 Complaint, by Disability Rights New York (Weissman, Lara) (Entered: 11/30/2017)

Proposed Summons. Re 1 Complaint, by Disability Rights New York (Weissman, Lara) (Entered: 11/30/2017)

NOTICE:The Clerk's Office cannot assign this case without a completed updated Civil Cover Sheet. The current form that is on The Court's website is to be utilized; All questions *** INCLUDING the NY-E Division of Business Rule 50.1(d)(2) section on the second page** Need to be answered. Counsel is advised to submit the completed updated form using the event Proposed Summons/Civil Cover Sheet (Davis, Kimberly) (Davis, Kimberly)

Civil Cover Sheet.. Re 1 Complaint, by Disability Rights New York (Weissman, Lara) (Entered: 12/01/2017)

Case assigned to Judge Roslynn R. Mauskopf 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. (Bowens, Priscilla)

Summons Issued as to All Defendants. (Bowens, Priscilla) (Entered: 12/05/2017)

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. (Bowens, Priscilla) (Entered: 12/05/2017)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 12/05/2017)

ACKNOWLEDGMENT OF SERVICE Executed Christopher Warner Acknowledgement filed by Disability Rights New York. (Fiske, Michael) (Entered: 12/08/2017)

SUMMONS Returned Executed by Disability Rights New York. Kerry A Delaney served on 12/4/2017, answer due 12/25/2017. (Fiske, Michael) (Entered: 12/08/2017)

SUMMONS Returned Executed by Disability Rights New York. Office for People with Developmental Disabilities served on 12/4/2017, answer due 12/25/2017. (Fiske, Michael) (Entered: 12/08/2017)

NOTICE of Appearance by James Mirro on behalf of All Defendants (aty to be noticed) (Mirro, James) (Entered: 12/15/2017)

SUMMONS Returned Executed by Disability Rights New York. The State of New York served on 12/7/2017, answer due 12/28/2017. (Weissman, Lara) (Main Document 14 replaced on 12/15/2017) (Marziliano, August). (Entered: 12/15/2017)

SUMMONS Returned Executed by Disability Rights New York. Andrew M. Cuomo served on 12/7/2017, answer due 12/28/2017. (Weissman, Lara) (Entered: 12/15/2017)

Consent MOTION for Extension of Time to File Answer by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York. (Mirro, James) (Entered: 12/15/2017)

SCHEDULING ORDER: An in person initial conference will be held at 12:00 PM on 2/27/2018 in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two (2) days before 2/27/2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/18/2017. (Manson, Eddie) (Entered: 12/18/2017)

ORDER: The motion for extension of time to file answer 16 is granted. Defendants shall file their answer on or before 2/15/2018. SO Ordered by Magistrate Judge Sanket J. Bulsara on 12/18/2017. (Manson, Eddie)

Letter MOTION to Dismiss for Lack of Jurisdiction by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York. (Mirro, James) (Entered: 02/15/2018)

ORDER: By March 5, 2018, the plaintiff shall file a letter with the Court, not to exceed three pages, setting forth the legal and factual bases on which the plaintiff intends to rely to oppose the defendants proposed motion to dismiss, and whether there remain any outstanding discovery or other pre-trial issues that would prevent the plaintiff from opposing the defendants proposed motion. Upon receipt of this filing, the Court will further advise the parties as to a whether a pre-motion conference is required. Ordered by Judge Roslynn R. Mauskopf on 2/16/2018. (Wechsler, Simon)

MOTION to Adjourn Conference by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York. (Mirro, James) (Entered: 02/21/2018)

RESPONSE to Motion re 18 Letter MOTION to Dismiss for Lack of Jurisdiction, 19 MOTION to Adjourn Conference filed by Disability Rights New York. (Weissman, Lara) (Entered: 02/21/2018)

ORDER: The motion to adjourn the initial conference 19 scheduled for 2/27/2108 at 12:00 P.M. is granted, and an in person initial conference will be held on 3/30/2018 at 2:00 P.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. The filing of a motion to dismiss does not result in a stay of discovery unless a motion to stay discovery is filed and granted; the parties should be prepared to discuss the case scheduling order and any motion to stay at the initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/22/2018. (Manson, Eddie)

First MOTION to Adjourn Conference by Disability Rights New York. (Weissman, Lara) (Entered: 02/23/2018)

ORDER: Motion to Adjourn Conference 21 is granted. The Court will reschedule the March 30, 2018 initial conference for another date. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/26/2018. (Cardenas, Alex)

SCHEDULING ORDER: The in person initial conference scheduled to be held on 3/30/2018 at 2:00 P.M. is adjourned to 4/13/2018 at 10:00 A.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. The filing of a motion to dismiss does not result in a stay of discovery unless a motion to stay discovery is filed and granted; the parties should be prepared to discuss the case scheduling order and any motion to stay at the initial conference.. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/26/2018. (Manson, Eddie)

REPLY in Opposition re 18 Letter MOTION to Dismiss for Lack of Jurisdiction filed by Disability Rights New York. (Weissman, Lara) (Entered: 03/02/2018)

SCHEDULING ORDER: Defendants request for a pre-motion conference 18 is granted. The Court will hold a pre-motion conference on May 16, 2018 at 10:00 a.m. Counsel for all parties must attend. The conference will take place before the Hon. Roslynn R. Mauskopf in Courtroom 6A on the 6th floor of the South Wing, United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. Counsel shall confer to ensure that all parties are aware of the date and time of the conference. Counsel shall appear 15 minutes prior to the conference and shall check in with the courtroom deputy. Defendants time to answer is extended until 21 days after this Courts order on any motion to dismiss, or until further order of the Court. Ordered by Judge Roslynn R. Mauskopf on 4/6/2018. (Wechsler, Simon)

Consent MOTION to Stay Discovery and Adjourn Initial Conference by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York. (Mirro, James) (Entered: 04/09/2018)

ORDER: The motion to adjourn and to stay discovery 23 is denied. The conference shall take place as scheduled; the parties are required to submit a proposed case schedule as directed on 12/18/2017, and the Court will address the implications of any motion to dismiss at the scheduled conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/10/2018. (Cardenas, Alex)

NOTICE by Disability Rights New York DRNY Discovery Worksheet (Fiske, Michael) (Entered: 04/11/2018)

NOTICE by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York re 24 Notice(Other) of Proposed Discovery Plan (Mirro, James) (Entered: 04/11/2018)

Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in person initial conference was held on 4/13/2018. Counsel for both parties were present. (See separate docket entry for order issuing from this proceeding.) (FTR Log #10:10-10:38.) (Manson, Eddie)

ORDER: The parties shall submit any application for stay and or joint discovery scheduling via letter motion by May 23, 2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/13/2018. (Manson, Eddie)

NOTICE of Change of Address by James Mirro (Mirro, James) (Entered: 04/16/2018)

ORDER: In light of the discussion at the pre-motion conference held on May 16, 2018, the May 23, 2018 deadline to submit any application for stay and or joint discovery scheduling via letter motion is terminated. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/17/2018. (Cardenas, Alex)

TRANSCRIPT of Proceedings held on April 13, 2018, before Judge Bulsara. Court Transcriber: Transcription Plus II. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/14/2018. Redacted Transcript Deadline set for 6/25/2018. Release of Transcript Restriction set for 8/22/2018. (Rocco, Christine) (Entered: 05/24/2018)

AMENDED COMPLAINT Disability Rights New York and Evan Thomas against All Defendants, filed by Disability Rights New York. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Proposed Summons OPWDD Summons, # 3 Proposed Summons Delaney Summons, # 4 Proposed Summons NYS Summons, # 5 Proposed Summons Cuomo Summons) (Fiske, Michael) (Entered: 06/06/2018)

Summons Issued as to The State of New York, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Delaney Summons, # 2 NYS Summons, # 3 Cuomo Summons) (Almonte, Giselle) (Entered: 06/07/2018)

Consent MOTION for Extension of Time to File Response/Reply as to 28 Amended Complaint, by The State of New York. (Mirro, James) (Entered: 06/14/2018)

ORDER: Motion for Extension of Time to File Response/Reply 30 is granted. Defendants are directed to respond to the Amended Complaint by 7/3/2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/15/2018. (Cardenas, Alex)

SUMMONS Returned Executed by Disability Rights New York. Andrew M. Cuomo served on 6/15/2018, answer due 7/6/2018. (Fiske, Michael) (Entered: 06/22/2018)

SUMMONS Returned Executed by Disability Rights New York. Kerry A Delaney served on 6/15/2018, answer due 7/6/2018. (Fiske, Michael) (Entered: 06/22/2018)

SUMMONS Returned Executed by Disability Rights New York. The State of New York served on 6/14/2018, answer due 7/5/2018. (Fiske, Michael) (Entered: 06/22/2018)

SUMMONS Returned Executed by Disability Rights New York. Office for People with Developmental Disabilities served on 6/15/2018, answer due 7/6/2018. (Fiske, Michael) (Entered: 06/22/2018)

Letter MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York. (Mirro, James) (Entered: 07/03/2018)

ORDER: The parties shall confer and submit a proposed briefing schedule for the Defendants' motion to dismiss on or before July 13, 2018. Defendants' time to answer is extended until 21 days after this Court's order on any motion to dismiss, or until further order of the Court. Ordered by Judge Roslynn R. Mauskopf on 7/5/2018. (Wechsler, Simon)

MOTION to Dismiss by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York. (Mirro, James) (Entered: 07/13/2018)

Letter MOTION for Extension of Time to File Motion to Dismiss by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York. (Mirro, James) (Entered: 09/14/2018)

RESPONSE to Motion re 37 Letter MOTION for Extension of Time to File Motion to Dismiss filed by All Plaintiffs. (Keegan, Julie) (Entered: 09/14/2018)

ORDER: The proposed briefing schedule for Defendants' motion to dismiss 36 is denied as moot. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/17/2018. (Murphy, Colleen)

ORDER: The motion for extension of time to file motion to dismiss 37 is granted in part. Defendants should serve their motion and supporting papers by 10/22/2018; Plaintiffs should serve their opposition papers by 11/19/2018; and Defendants should serve their reply papers by 12/13/2018. The parties should then file the fully briefed motion on ECF on 12/13/2018. No further extensions will be granted. Issues related to mootness of Plaintiff's claims can be addressed if and when they arise, but the Court finds no reason to delay the motion to dismiss briefing, particularly since the issues to be briefed are legal in nature, and the fact that the case has been pending for some time. The request for expanded page lengths is also granted. So Ordered by Magistrate Judge Sanket J. Bulsara on 9/17/2018. (Murphy, Colleen)

SCHEDULING ORDER: Oral Argument on the motion to dismiss (to be filed by 12/13/2018) will be held on 1/30/2019 at 4:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/29/2018. (Murphy, Colleen)

Notice of MOTION to Dismiss for Lack of Jurisdiction by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York. (Mirro, James) (Entered: 12/13/2018)

MEMORANDUM in Support of Defendants' Motion to Dismiss, filed by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York. (Mirro, James) (Entered: 12/13/2018)

NOTICE by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York, Plaintiffs' Notice of Opposition (Mirro, James) (Entered: 12/13/2018)

MEMORANDUM in Opposition to Defendants' Motion to Dismiss, filed by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York. (Mirro, James) (Entered: 12/13/2018)

REPLY in Support of Defendants' Motion to Dismiss, filed by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York. (Mirro, James) (Entered: 12/13/2018)

Letter Regarding Oral Argument by Disability Rights New York (Fiske, Michael) (Entered: 01/04/2019)

ORDER re 44 : Any attorney who wishes to present oral argument at the conference 1/30/2019 may do so, provided he or she files a notice of appearance on the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/7/2019. (Murphy, Colleen)

NOTICE of Appearance by Jennifer J. Monthie on behalf of All Plaintiffs (aty to be noticed) (Monthie, Jennifer) (Entered: 01/16/2019)

NOTICE of Appearance by Anne Nicole Kelsey on behalf of All Plaintiffs (aty to be noticed) (Kelsey, Anne) (Entered: 01/17/2019)

NOTICE of Consent to Change Attorney by Michael I Fiske Lara Weissman (Fiske, Michael) (Entered: 01/25/2019)

ORDER: The request to withdraw as attorney 47 is granted. Attorney Lara Harte Weissman is terminated from the docket. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/28/2019. (Murphy, Colleen)

NOTICE: Counsel please note Oral Argument on the Motion to Dismiss scheduled for 1/30/2019 at 4:00 PM before Magistrate Judge Bulsara will be held in Courtroom 4E North. (Manson, Eddie).

Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in-person hearing on the motion to dismiss 39 was held on 1/30/2019 before Magistrate Judge Sanket J. Bulsara. Counsel for both parties were present. Parties should inform the Court by 2/15/2019 whether they would like the Court to hold a settlement conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/30/2019. (FTR Log #4:25-5:54.) (Murphy, Colleen)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on May 16, 2018, before Judge Mauskopf. Court Reporter/Transcriber Denise Parisi, Telephone number 718-613-2605. Email address: deniseparisi72@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/25/2019. Redacted Transcript Deadline set for 3/7/2019. Release of Transcript Restriction set for 5/6/2019. (Parisi, Denise) (Entered: 02/04/2019)

Letter Regarding Settlement Discussions by Disability Rights New York (Attachments: # 1 Second Circuit Decision) (Fiske, Michael) (Entered: 02/15/2019)

NOTICE by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York concerning Proposed Settlement Conference (Mirro, James) (Entered: 02/15/2019)

TRANSCRIPT of Proceedings held on January 30, 2019, before Judge Bulsara. Court Transcriber: Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/12/2019. Redacted Transcript Deadline set for 3/22/2019. Release of Transcript Restriction set for 5/20/2019. (Rocco, Christine) (Entered: 02/19/2019)

REPORT AND RECOMMENDATIONS re Motion to Dismiss 39 . For the reasons stated in the attached R&R, this Court respectfully recommends that the motion to dismiss be granted in part and denied in part. Any objections to this R&R must be filed with the Honorable Roslynn R. Mauskopf on or before June 28, 2019. Failure to file objections in a timely manner may waive a right to appeal the District Court order. See 28 U.S.C. ยง 636(b)(1); Fed. R. Civ. P. 6(a), 6(d), 72. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/14/2019. (Murphy, Colleen) (Entered: 06/14/2019)

OBJECTION to 52 Report and Recommendations Disability Rights New York filed by Disability Rights New York. (Fiske, Michael) (Entered: 06/28/2019)

Scheduling Order

SCHEDULING ORDER: An in-person status conference will be held on 8/14/2019 at 10:00 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. Parties should be prepared to discuss a discovery schedule for the case. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/1/2019. (Murphy, Colleen)

Consent MOTION for Extension of Time to File Response/Reply as to 53 Objection to Report and Recommendations by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York. (Mirro, James) (Entered: 07/09/2019)

Order on Motion for Extension of Time to File Response/Reply

Order

ORDER granting 54 Motion for Extension of Time to File Response/Reply to 53 Objection to Report and Recommendations. Defendant's response to the objection shall be filed on or before 7/19/2019. Ordered by Judge Roslynn R. Mauskopf on 7/10/2019. (Caspari, Alexander)

MEMORANDUM in Opposition re 53 Objection to Report and Recommendations filed by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York. (Mirro, James) (Entered: 07/19/2019)

NOTICE by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York re Scheduling Order, (Mirro, James) (Entered: 08/13/2019)

Scheduling Order

Status Conference

Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in-person status conference was held on 8/14/2019. Counsel for both parties were present. Parties should notify the Court by 8/21/2019 how they wish to proceed with respect to settlement negotiations and/or mediation. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/14/2019. (FTR Log #10:13-10:31.) (Murphy, Colleen)

SCHEDULING ORDER: An in-person status conference will be held on 10/15/2019 at 4:00 PM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/14/2019. (Murphy, Colleen)

STATUS REPORT concerning proposed mediation by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York (Mirro, James) (Entered: 08/21/2019)

Order(Other)

ORDER: Parties should submit a joint status report by 9/12/2019 on the status of mediator selection and settlement negotiations. So Ordered by Magistrate Judge Sanket J. Bulsara on 8/22/2019. (Murphy, Colleen)

TRANSCRIPT of Proceedings held on August 14, 2019, before Judge Bulsara. Court Transcriber: Transcription Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/25/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/3/2019. (Rocco, Christine) (Entered: 09/04/2019)

STATUS REPORT concerning mediation by Andrew M. Cuomo, Kerry A Delaney, Office for People with Developmental Disabilities, The State of New York (Mirro, James) (Entered: 09/12/2019)

Letter by Disability Rights New York (Fiske, Michael) (Entered: 10/01/2019)

1 - Terminate Deadlines and Hearings

Status Report Order

STATUS REPORT ORDER: Pursuant to Magistrate Judge Sanket J. Bulsara's Individual Rules, the request to hold the status conference by telephone 60 is denied. The Status Conference scheduled for 10/15/2019 before Magistrate Judge Bulsara is adjourned sine die. Parties are directed to submit a joint status report by 10/30/2019. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/2/2019. (Guo, Alicia).

NOTICE of Appearance by Simeon Lee Goldman on behalf of Disability Rights New York (aty to be noticed) (Goldman, Simeon) (Entered: 10/30/2019)

Letter Settlement Status Update by Disability Rights New York (Fiske, Michael) (Entered: 10/30/2019)

Scheduling Order

SCHEDULING ORDER: An in person Status Conference will be held on 3/11/2020 at 10:00 AM in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/14/2020. (Guo, Alicia)

NOTICE of Appearance by Andrea Lee Clisura on behalf of All Plaintiffs (aty to be noticed) (Clisura, Andrea) (Entered: 03/10/2020)