Case: Disability Rights New York v. City of New York Department of Corrections

COMPLAINT against DISABILITY RIGHTS NEW YORK filing fee $ 400, receipt number 0207-7584769 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by DISABILITY RIGHTS NEW YORK. (Zucker, Cliff) (Additional attachment(s) added on 3/12/2015: # 1 Civil Cover Sheet, # 2 Proposed Summons Ponte, # 3 Proposed Summons City of NY DOC, # 4 Exhibit letter) (Bowens, Priscilla). (Entered: 03/12/2015)

1 Civil Cover Sheet

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2 Proposed Summons Ponte

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3 Proposed Summons City of NY DOC

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4 Exhibit

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Case assigned to Judge William F. Kuntz, II and Magistrate Judge Viktor V. Pohorelsky. (Bowens, Priscilla)

Summons Issued as to All Defendants. (Attachments: # 1 Ponte summons) (Bowens, Priscilla) (Entered: 03/12/2015)

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: 03/12/2015)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 03/12/2015)

SUMMONS Returned Executed by Disability Rights New York. New York City Department of Correction served on 3/23/2015, answer due 4/13/2015. (Zucker, Cliff) (Entered: 04/02/2015)

SUMMONS Returned Executed by Disability Rights New York. Joseph Ponte served on 3/23/2015, answer due 4/13/2015. (Zucker, Cliff) (Entered: 04/02/2015)

First MOTION for Extension of Time to File Answer re 1 Complaint, by New York City Department of Correction, Joseph Ponte. (Dervin, James) (Entered: 04/10/2015)

ORDER granting 7 Motion for Extension of Time to Answer All Defendants. So Ordered by Judge William F. Kuntz, II on 4/10/2015. (Bhat, Anjali)

Second MOTION for Extension of Time to File Answer by New York City Department of Correction, Joseph Ponte. (Dervin, James) (Entered: 04/17/2015)

ORDER granting 8 Motion for Extension of Time for Defendants to Answer to May 4, 2015. Ordered by Magistrate Judge Viktor V. Pohorelsky on 4/20/2015. (Newton, Joan)

SCHEDULING ORDER: An initial conference will be held in this case on June 4, 2015 at 10:00 a.m. before Viktor V. Pohorelsky, United States Magistrate Judge in Courtroom 13A of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All parties are directed to make the disclosures required by Rules 26(a)(1) of the Federal Rules of Civil Procedure no later than five days before the conference. All counsel are required to attend, and plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Viktor V. Pohorelsky on 4/20/2015. (Newton, Joan)

ANSWER to 1 Complaint, by New York City Department of Correction, Joseph Ponte. (Dervin, James) (Entered: 05/04/2015)

Letter MOTION to Adjourn Conference regarding Rule 26 by Disability Rights New York. (Zucker, Cliff) (Entered: 05/07/2015)

ORDER granting in part[ 10] Motion to Adjourn Conference. The Court is unavailable at the time counsel requested, therefore the 6/14//15 Initial Conference has been adjourned to June 18, 2015 at 12:00 p.m. Ordered by Magistrate Judge Viktor V. Pohorelsky on 5/8/2015. (Newton, Joan)

NOTICE of Appearance by Jennifer J. Monthie on behalf of Disability Rights New York (aty to be noticed) (Monthie, Jennifer) (Entered: 06/11/2015)

NOTICE of Appearance by Stefen R. Short on behalf of Disability Rights New York (aty to be noticed) (Short, Stefen) (Entered: 06/12/2015)

SCHEDULING ORDER: Due to a conflict in the Court's calendar, the 6/18/15 Initial Conference is adjourned to July 1, 2015 at 2:00 p.m. All parties are reminded to make the disclosures required by Rules 26(a)(1) of the Federal Rules of Civil Procedure no later than five days before the conference. Plaintiff's counsel shall insure that all adversaries are aware of the new date and time. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/16/2015. (Newton, Joan) (Newton, Joan)

MINUTE ENTRY for Initial Conference held on 7//15 before Magistrate Judge Viktor V. Pohorelsky: The next conference will be held by telephone on August 6, 2015 at 5:00 p.m., to be initiated by counsel for the plaintiff (Chambers: 718-613-2400). The conference will be marked off the calendar, however, if a promotion conference has been requested before the above date. (Newton, Joan) (Entered: 07/07/2015)

MINUTE ENTRY for Initial Conference held on 7/1/15 before Magistrate Judge Viktor V. Pohorelsky: The next conference will be held by telephone on August 6, 2015 at 5:00 p.m., to be initiated by counsel for the plaintiff (Chambers: 718-613-2400). The conference will be marked off the calendar, however, if a promotion conference has been requested before the above date. See annexed conference calendar for detailed scheduling and rulings. (Newton, Joan) (Entered: 07/07/2015)

First MOTION for pre motion conference for leave to amend by Disability Rights New York. (Attachments: # 1 Appendix Proposed Amended Complaint) (Short, Stefen) (Entered: 08/06/2015)

ORDER granting 15 Motion for Pre Motion Conference. The parties shall appear for a pre-motion conference on Monday, August 24, 2015 at 12:00 Noon in Courtroom 6H North. So Ordered by Judge William F. Kuntz, II on 8/6/2015. (Bhat, Anjali)

RESPONSE to Motion re 15 First MOTION for pre motion conference for leave to amend complaint filed by All Defendants. (Dervin, James) (Entered: 08/13/2015)

NOTICE of Appearance by Elena M Landriscina on behalf of Disability Rights New York (aty to be noticed) (Landriscina, Elena) (Entered: 08/24/2015)

NOTICE of Appearance by Mark J. Murphy on behalf of Disability Rights New York (aty to be noticed) (Murphy, Mark) (Entered: 08/24/2015)

Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 8/24/2015. Appearances: Elena Landrischia, Esq., and Stefen Short, Esq., appeared on behalf of the Plaintiff. James Dervin, Esq., appeared on behalf of the Defendants. Plaintiff's motion to Amend the Complaint was granted. The Court ordered the following briefing schedule: 1) Plaintiff shall serve their Amended Complaint within five business days; 2) Defendants shall move, answer, or otherwise respond on or before Friday, September 18, 2015; 3) Plaintiff shall serve their opposition brief on or before Friday, October 2, 2015; and 4) Defendants shall serve the reply brief on or before Friday, October 9, 2015. Once the motion is fully briefed, Defendants shall electronically file all motion papers on ECF by 5pm on October 9, 2015 and shall send a complete set of courtesy copies, via overnight mail, to the Court, attention of Mr. Andrew Jackson. Discovery is not stayed during the pendency of the Motion to Dismiss. (Court Reporter Mary Agnes Drury.) (Jackson, Andrew)

AMENDED COMPLAINT against All Defendants, filed by Disability Rights New York. (Short, Stefen) (Entered: 08/27/2015)

ANSWER to 19 Amended Complaint by New York City Department of Correction, Joseph Ponte. (Dervin, James) (Entered: 09/18/2015)

Case Reassigned to Magistrate Judge Peggy Kuo. Magistrate Judge Viktor V. Pohorelsky no longer assigned to the case.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. (Mahoney, Brenna)

First MOTION for pre motion conference for leave to file a motion for summary judgment by Disability Rights New York. (Short, Stefen) (Entered: 01/19/2016)

ORDER granting 21 Motion for Pre Motion Conference. The Pre Motion Conference will be held before Judge Kuntz in Courtroom 6H North at 12:00 Noon on Monday, February 1, 2016. So Ordered by Judge William F. Kuntz, II on 1/20/2016. (Kuntz, William)

SCHEDULING ORDER: Due to an unanticipated change in the Court's calendar, the Pre Motion conference scheduled for Monday, February 1, 2016 at 12:00 Noon is hereby rescheduled for Monday, February 8, 2016 at 11:00 A.M. in Courtroom 6H North before the Honorable William F. Kuntz, II. Ordered by Judge William F. Kuntz, II on 1/25/2016. (Jackson, Andrew)

RESPONSE to Motion re 21 First MOTION for pre motion conference for leave to file a motion for summary judgment filed by New York City Department of Correction, Joseph Ponte. (Dervin, James) (Entered: 01/26/2016)

Minute Entry for conference held before Magistrate Judge Peggy Kuo on 2/8/2016. The parties appeared before Magistrate Judge Kuo for a conference at the direction of District Judge William F. Kuntz. For plaintiff, Elena Landriscina and Stefen Short. For defendants, James Dervin. For the Bronx District Attorney's Office, James Goward. By agreement of the parties, the conference was converted to a settlement conference. The parties were directed to submit briefs on the law regarding DRNY's power to compel records from a city agency. Initial briefs from both parties are due by March 11, 2016. Responses from both parties are due by April 8, 2016. The next settlement conference is scheduled for April 26, 2016 at 2:30 p.m. in Courtroom 322 North before Magistrate Judge Peggy Kuo. (Feldman, Shira)

Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 2/8/2016. Appearances: Elena Landriscina, Esq., and Stefen Short, Esq., appeared on behalf of the Plaintiff. James Goward, Esq., appeared on behalf of the Defendants. The Court ordered the following briefing schedule: 1) Plaintiff shall serve the motion on or before Friday, March 11, 2016; 2) Defendants shall serve the opposition brief on or before Friday, April 8, 2016; and 3) Plaintiff shall serve the reply brief on or before Friday, May 6, 2016. Once the motion fully briefed, Plaintiff shall electronically file all motion papers on ECF by 5pm on May 6, 2016 and shall send a complete set of courtesy copies, via overnight mail, to the Court, attention of Mr. Andrew Jackson. This matter will be referred to Magistrate Judge Peggy Kou for a Report & Recommendation to address all of the issues the parties intend to raise in their briefs to this Court. Discovery is not stayed during the pendency of the motion. (Court Reporter Mary Agnes Drury.) (Jackson, Andrew) Modified on 3/4/2016 (Jackson, Andrew).

Letter by Disability Rights New York (Landriscina, Elena) (Entered: 03/04/2016)

ORDER: On January 19, 2016, Plaintiff Disability Rights New York ("Plaintiff') filed a letter requesting a pre-motion conference for leave to file a motion for summary judgment. ECF No. 21 . Defendants City of New York Department of Correction and Joseph Ponte (collectively, "Defendants") filed a letter in opposition. ECF No. 22. On February 8, 2016, the Court held a pre-motion conference. The Court granted Plaintiffs request for permission to file a motion for summary judgment and set forth a briefing schedule for that motion.The parties are directed to confer with Magistrate Judge Peggy Kuo concerning any discovery disputes. Ordered by Judge William F. Kuntz, II on 3/2/2016. (Fernandez, Erica) (Entered: 03/04/2016)

SCHEDULING ORDER: A telephone status conference is set for March 30, 2016 at 2:00 p.m. before Magistrate Judge Peggy Kuo. Plaintiff's counsel is requested to initiate the call by bringing defense counsel onto the line and then together dialing Chambers (718.613.2400). Ordered by Magistrate Judge Peggy Kuo on 3/22/2016. (Feldman, Shira)

MOTION for pre motion conference by Bronx County District Attorney. (Goward, James) (Entered: 03/29/2016)

Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Telephone Status Conference held on 3/30/2016. Attorneys Elena Landriscina and Stefen Short for Plaintiff. Attorney James Dervin for Defendants. Attorney James Goward for third-party Bronx County District Attorney. The parties reported that they are currently briefing Plaintiff's Motion for Summary Judgment, which will be before Judge William F. Kuntz. They do not believe settlement will be possible at this juncture, as efforts are now focused on that motion. The parties agree that there are currently no discovery issues. Accordingly, any outstanding deadlines before Magistrate Judge Kuo are canceled, and the settlement conference scheduled for April 26, 2016 is also canceled. If the Motion for Summary Judgment is denied, the parties are directed to file a report on the docket updating the Court as to their intended next steps. (Tape #2:04-2:12.) (Feldman, Shira)

ORDER granting 25 Motion for Pre Motion Conference. The Pre Motion Conference will be held on Wednesday, April 6, 2016 at 12:30 P.M. in Courtroom 6H North before the Hon. William F. Kuntz, II. So Ordered by Judge William F. Kuntz, II on 3/30/2016. (Hsieh, Steve)

MOTION to Adjourn Conference by Disability Rights New York. (Landriscina, Elena) (Entered: 03/31/2016)

First MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment by New York City Department of Correction, Joseph Ponte. (Dervin, James) (Entered: 03/31/2016)

ORDER granting 26 Motion to Adjourn Conference. The Conference will be held at 1:00 P.M. on April 13, 2016 in Courtroom 6H North. So Ordered by Judge William F. Kuntz, II on 3/31/2016. (Kuntz, William)

ORDER granting 27 Motion for Extension of Time to File Response/Reply. So Ordered by Judge William F. Kuntz, II on 3/31/2016. (Kuntz, William)

RESPONSE to Motion re 25 MOTION for pre motion conference for leave to file a motion to intervene filed by Disability Rights New York. (Landriscina, Elena) (Entered: 04/01/2016)

MOTION to Intervene by Bronx County District Attorney. (Attachments: # 1 Declaration of James Goward, # 2 Memorandum in Support of Motion to Intervene, # 3 Exhibit Proposed Answer) (Goward, James) (Entered: 04/13/2016)

Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 4/13/2016. Appearances: Elena Landriscina, Esq., and Stefen Short, Esq., appeared on behalf of Defendant Disability Rights New York. James Goward, Esq., appeared on behalf of Movant Bronx County District Attorney. James Dervin, Esq., and Braun Justin, Esq., (admitted pro hac vice) appeared on behalf of Defendants New York City Department of Correction and Joseph Ponte, Commissioner of the New York City Department of Correction. Movant's application to make a motion to intervene was granted. The Court ordered the following briefing schedule: 1) The Bronx District Attorney's Office shall serve the motion to intervene on or before Wednesday, April 13, 2015; 2) Plaintiff shall serve the opposition brief on or before Wednesday, April 20, 2016; and 3) The Bronx District Attorney's Office shall serve the reply brief on or before Wednesday, April 27, 2016. Once the motion is fully briefed, The Bronx District Attorney's Office shall electronically file all motion papers on ECF by 5pm on April 27, 2016 and shall send a complete set of courtesy copies, via overnight mail, to the Court, attention of Mr. Andrew Jackson. The parties are directed to address all discovery disputes before Magistrate Judge Peggy Kuo. (Court Reporter Georgrette Betts.) (Jackson, Andrew)

Letter by Disability Rights New York (Landriscina, Elena) (Entered: 04/19/2016)

ORDER re 30 Letter filed by Disability Rights New York. The Court will reserve on any decision on the Bronx District Attorney's Office's motion to intervene 29 for a period of three weeks. The parties are to provide a status report on ECF to the Court no later than 5:00 P.M. on May 10, 2016. So Ordered by Judge William F. Kuntz, II on 4/19/2016. (Hsieh, Steve)

NOTICE of Appearance by Justin Joseph Braun on behalf of Bronx County District Attorney (aty to be noticed) (Braun, Justin) (Entered: 04/25/2016)

First MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Intervene by Disability Rights New York. (Landriscina, Elena) (Entered: 04/26/2016)

ORDER granting 32 Motion for Extension of Time to File Response/Reply. A status report to the Court is due by May 10, 2016. If Plaintiff Disability Rights New York and the Bronx District Attorney's Office do not reach an agreement by May 10, 2016, Plaintiff's response to the motion to intervene will be due on May 13, 2016 and the Bronx District Attorney's Office's reply will be due on May 20, 2016. So Ordered by Judge William F. Kuntz, II on 4/27/2016. (Hsieh, Steve)

Second MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Intervene by Bronx County District Attorney. (Goward, James) (Entered: 05/09/2016)

ORDER granting 33 Motion for Extension of Time to File Response/Reply re 33 Second MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Intervene. Plaintiff and the Bronx County District Attorney's Office are to provide the Court with a status report by May 24, 2016 on ECF. Should Plaintiff and the Bronx County District Attorney's Office fail to reach an agreement, Plaintiff shall serve its opposition papers by May 24, 2016 and the Bronx County District Attorney's Office shall serve its reply papers by June 3, 2016. So Ordered by Judge William F. Kuntz, II on 5/9/2016. (Hsieh, Steve)

Second MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Intervene by Disability Rights New York. (Short, Stefen) (Entered: 05/24/2016)

ORDER granting 34 Motion for Extension of Time to File Response/Reply. The parties are to submit a proposed protective order to the Court via ECF by 5:00 P.M. on June 2, 2016. The briefing deadlines for the motion to intervene by the Bronx District Attorney's Office is stayed sine die. So Ordered by Judge William F. Kuntz, II on 5/27/2016. (Hsieh, Steve)

Letter MOTION for Protective Order by Disability Rights New York. (Attachments: # 1 Stipulated Protective Order) (Landriscina, Elena) (Entered: 06/01/2016)

ORDER granting 35 Motion for Protective Order. Defendants shall serve their opposition papers twenty-one days after the Bronx District Attorney's Office withdraws its motion to intervene. Plaintiff Disability Rights New York shall file its reply twenty-one days after Defendants' opposition. Once the motion is fully briefed, Plaintiff shall electronically file all motion papers on ECF by 5:00 P.M. and shall send a complete set of courtesy copies, via overnight mail, to the Court, attention of Mr. Andrew Jackson. So Ordered by Judge William F. Kuntz, II on 6/1/2016. (Hsieh, Steve)

STIPULATED PROTECTIVE ORDER: The parties to this stipulated protective order have agreed to the terms of this order; accordingly, it is so ORDERED: 1. Any records or other materials provided by the Bronx District Attorney's Office (Bronx DA) to Disability Rights New York (DRNY) concerning A.B. shall be kept confidential and shall not be disclosed by DRNY except as set forth in the private agreement of the parties, unless and until this protective order is terminated. 2. This protective order bars disclosure or dissemination of the above-referenced records and materials to news media and publication through social media or through websites to which content may be uploaded. 3. This protective order bars disclosure or dissemination of the above-referenced records and materials to individuals who are neither employees of DRNY, nor witnesses, nor victims in the matter which is being investigated. 4. Should it appear that materials provided pursuant to this protective order have been disclosed in a manner which violates this protective order, the Bronx DA may seek review and/or remedy in this court. Ordered by Judge William F. Kuntz, II on 6/1/2016. (Rodriguez, Lori) (Entered: 06/07/2016)

MOTION to Withdraw 29 MOTION to Intervene by Bronx County District Attorney. (Goward, James) (Entered: 06/08/2016)

ORDER finding as moot 29 Motion to Intervene. So Ordered. (Kuntz, William)

ORDER granting 37 Motion to Withdraw. So Ordered by Judge William F. Kuntz, II on 6/8/2016. (Kuntz, William)

Joint MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment by New York City Department of Correction, Joseph Ponte. (Dervin, James) (Entered: 06/27/2016)

ORDER granting 38 Motion for Extension of Time to File Response/Reply. Defendants shall submit their opposition to Plaintiffs motion by August 8, 2016, and Plaintiff shall submit a reply in support of its motion by August 29, 2016. So Ordered by Judge William F. Kuntz, II on 6/27/2016. (Hsieh, Steve)

MOTION to Withdraw as Attorney by Disability Rights New York. (Attachments: # 1 Motion to Withdraw as Attorney) (Short, Stefen) (Entered: 07/22/2016)

ORDER granting 39 Motion to Withdraw as Attorney. Attorney Stefen R. Short is terminated from this case. So Ordered by Judge William F. Kuntz, II on 7/22/2016. (Hsieh, Steve)

Second MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment by New York City Department of Correction, Joseph Ponte. (Dervin, James) (Entered: 08/04/2016)

ORDER granting 40 Motion for Extension of Time to File Response/Reply. The deadline to respond to Plaintiff's motion for summary judgment is extended to September 7, 2016. Plaintiff's deadline to submit a reply in support of its motion is extended until September 28, 2016. So Ordered by Judge William F. Kuntz, II on 8/4/2016. (Hsieh, Steve)

Third MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment by New York City Department of Correction, Joseph Ponte. (Dervin, James) (Entered: 09/06/2016)

ORDER granting 41 Motion for Extension of Time to File Response/Reply. Defendants Opposition to Plaintiffs Motion for Summary Judgment is due by October 7, 2016. Plaintiffs Reply in Further Support of its Motion for Summary Judgment is due by October 28, 2016. So Ordered by Judge William F. Kuntz, II on 9/7/2016. (Hsieh, Steve)

Fourth MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment by New York City Department of Correction, Joseph Ponte. (Dervin, James) (Entered: 10/05/2016)

ORDER granting 42 Fourth MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Summary Judgment. Defendants' response shall be due by November 7, 2016. Plaintiff's reply shall be due by November 28, 2016. So Ordered by Judge William F. Kuntz, II on 10/6/2016. (Hsieh, Steve)

Letter by Disability Rights New York (Landriscina, Elena) (Entered: 11/04/2016)

ORDER: On November 4, 2016, counsel for Plaintiff filed a letter on behalf of all parties informing the Court that the parties had reached a settlement. Letter, ECF No. 43. Accordingly, the motion for summary judgment briefing deadlines of November 7, 2016 and November 28, 2016 are suspended. Re 43 Letter filed by Disability Rights New York. Ordered by Judge William F. Kuntz, II on 11/4/2016. (Rodriguez, Lori) (Entered: 11/04/2016)

MOTION for Settlement by Disability Rights New York. (Attachments: # 1 Stipulation of Settlement and Order of Dismissal) (Landriscina, Elena) (Entered: 11/17/2016)

STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: The parties agree that the United States District Court for the Eastern District of New York shall retain jurisdiction over any dispute arising from or relating to the provisions of this Stipulation of Settlement and Order of Dismissal for a period of twenty-four (24) months after this Stipulation of Settlement and Order of Dismissal is approved by the Court. The Parties agree that DRNY is entitled to reasonable attorneys' fees and costs. The Parties will negotiate in good faith to resolve DRNY's claim for attorneys' fees and costs in this case. Within 30 days of the Court's approval of this Stipulation, DRNY will provide Defendants with a demand for the full satisfaction of all claims for attorneys' fees and costs in this case. Such demand shall include appropriate documentation to justify the demand amount. Within 30 days of receipt of the demand from DRNY, Defendants will inform DRNY whether it accepts the demand or otherwise disputes the amount. DRNY's claim for attorneys' fees and costs will be paid within 90 days of a signed agreement between the parties setting forth that amount, and after DRNY has provided Defendants with all documents necessary to effectuate settlement. Should the Parties not resolve DRNY's claim for attorneys' fees and costs, nothing in this Stipulation shall prevent DRNY from making a fee application to the Court. This Stipulation shall be effective upon the approval by the Court. (See Order for Details) Re 45 Motion for Settlement. Ordered by Judge William F. Kuntz, II on 11/21/2016. (Rodriguez, Lori) (Entered: 11/22/2016)

Joint MOTION for Settlement of Attorneys' Fees and Costs by New York City Department of Correction, Joseph Ponte. (Attachments: # 1 Stipulation of Settlement of Attorneys' Fees and Costs and Proposed Order) (Dervin, James) (Entered: 01/24/2018)

ORDER granting 47 Motion for Settlement. SO Ordered by Judge William F. Kuntz, II on 1/24/2018. (Tavarez, Jennifer) (Entered: 01/25/2018)