Case: Disability Rights New York v. Ferncliff Manor

FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against S.A.I.L at Ferncliff Manor, William J Saich. (Filing Fee $ 400.00, Receipt Number 0208-12273906)Document filed by Disability Rights New York. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Monthie, Jennifer) Modified on 5/9/2016 (vf). (Entered: 05/06/2016)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jennifer Joanne Monthie. The party information for the following party/parties has been modified: Disability Rights New York, S.A.I.L at Ferncliff Manor, William J Saich. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party name was entered incorrectly, party text was omitted; alias party type was entered incorrectly. (vf)

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jennifer Joanne Monthie to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Jennifer Joanne Monthie. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents and attach the correct signed pdf. (vf)

***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jennifer Joanne Monthie. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331cv Fed. Question: Other Civil Rights; County code Westchester; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:10805 Protection and Advocacy Systems; the County code has been modified to Albany; the Fee Status code has been modified to pd (paid). (vf)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (vf)

Magistrate Judge Paul E. Davison is so designated. (vf)

Case Designated ECF. (vf)

FILING ERROR - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Monthie, Jennifer) Modified on 5/9/2016 (vf). (Entered: 05/09/2016)

FILING ERROR -SIGNATURE ERROR - CIVIL COVER SHEET filed. (Monthie, Jennifer) Modified on 5/9/2016 (vf). (Entered: 05/09/2016)

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jennifer Joanne Monthie to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct signed PDF. (vf)

CIVIL COVER SHEET filed. (Monthie, Jennifer) (Entered: 05/09/2016)

COMPLAINT against Ferncliff Manor for the Retarded, Inc., William J Saich. Document filed by Disability Rights New York.(Monthie, Jennifer) (Entered: 05/09/2016)

NOTICE OF APPEARANCE by Clifford Henry Zucker on behalf of Disability Rights New York. (Zucker, Clifford) (Entered: 05/09/2016)

NOTICE OF APPEARANCE by Jonathan Fredric Garvin on behalf of Disability Rights New York. (Garvin, Jonathan) (Entered: 05/10/2016)

NOTICE OF APPEARANCE by Anastasia Louise Holoboff on behalf of Disability Rights New York. (Holoboff, Anastasia) (Entered: 05/10/2016)

FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Preliminary Injunction . Document filed by Disability Rights New York. (Attachments: # 1 Text of Proposed Order Proposed Order to Show Cause for Preliminary Injunction, # 2 Supplement Memorandum of Law, # 3 Affidavit Affidavit of Tim Clune, # 4 Affidavit Affidavit of Jennifer Monthie, # 5 Affidavit Affidavit of Stefen Short, # 6 Affidavit Affidavit of Anastasia Holoboff, # 7 Exhibit Exhibit 1-P&A Designation, # 8 Exhibit Exhibit 2-DRNY Preliminary Investigation Public Report, # 9 Exhibit Exhibit 3-Justice Center Ferncliff Manor Reports, # 10 Exhibit Exhibit 4-OPWDD Statement of Deficiencies, Aug. 6, 2015, # 11 Exhibit Exhibit 5-NYSED Monitoring Review, Nov. 4 2015, # 12 Exhibit Exhibit 6-OPWDD Statement of Deficiencies, Jan. 5, 2016, # 13 Exhibit Exhibit 7-DRNY Letter to Ferncliff Manor, June 16, 2015, # 14 Exhibit Exhibit 8-Ferncliff Manor Letter to DRNY, June 25, 2015, # 15 Exhibit Exhibit 9-DRNY Letter to Ferncliff Manor, July 7, 2015, # 16 Exhibit Exhibit 10-DRNY Letter to Ferncliff Manor, Sept. 17, 2015, # 17 Exhibit Exhibit 11-Ferncliff Manor Letter to DRNY, Sept. 23, 2015, # 18 Exhibit Exhibit 12-DRNY Letter to Ferncliff Manor, Nov. 2, 2015, # 19 Exhibit Exhibit 13-Ferncliff Manor Letter to DRNY, Nov. 6, 2015, # 20 Exhibit Exhibit 14-DRNY Letter to Ferncliff Manor, Nov. 19, 2015, # 21 Exhibit Exhibit 15-Ferncliff Manor Letter to DRNY, Dec. 3, 2015, # 22 Exhibit Exhibit 16-DRNY Letter to Ferncliff Manor, Dec. 22, 2015, # 23 Exhibit Exhibit 17-Ferncliff Manor Letter to DRNY, Jan. 8, 2016, # 24 Exhibit Exhibit 18-DRNY Letter to Justice Center, September 1, 2014, # 25 Exhibit Exhibit 19-DRNY Letter to Ferncliff Manor, Oct. 6, 2014, # 26 Exhibit Exhibit 20-Ferncliff Manor Email, Nov. 18, 2014, # 27 Exhibit Exhibit 21-DRNY Letter to Ferncliff Manor, March 16, 2016, # 28 Exhibit Exhibit 22-Ferncliff Manor Letter to DRNY, March 18, 2016, # 29 Exhibit Exhibit 23-DRNY Letter to Ferncliff Manor, March 23, 2016, # 30 Exhibit Exhibit 24-Ferncliff Email to DRNY, March 25, 2016, # 31 Exhibit Exhibit 25-Disability Rights N.Y v. North Colonie Bd. of Ed.,2016 WL 1122055, (N.D. N.Y March 21, 2016), # 32 Exhibit Exhibit 26-Disability Rights N.Y. v. Wise, 2016 WL 1090579 (N.D.N.Y. March 18, 2016))(Holoboff, Anastasia) Modified on 5/12/2016 (fk). (Entered: 05/11/2016)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Anastasia Holoboff to MANUALLY RE-FILE Document No. 9 ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION. This document is not filed via ECF. (fk)

MOTION for Preliminary Injunction . Document filed by Disability Rights New York. (Attachments: # 1 Text of Proposed Order Proposed Order for Preliminary Injunction)(Holoboff, Anastasia) (Entered: 05/13/2016)

1 Text of Proposed Order Proposed Order for Preliminary Injunction

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FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 16 Memorandum) - MEMORANDUM OF LAW in Support re: 10 MOTION for Preliminary Injunction . . Document filed by Disability Rights New York. (Holoboff, Anastasia) Modified on 5/13/2016 (db). (Entered: 05/13/2016)

AFFIDAVIT of Tim Clune in Support re: 10 MOTION for Preliminary Injunction .. Document filed by Disability Rights New York. (Attachments: # 1 Exhibit Exhibit 1-P&A Designation, # 2 Exhibit Exhibit 2- Preliminary Investigation Report)(Holoboff, Anastasia) (Entered: 05/13/2016)

AFFIDAVIT of Jennifer Monthie in Support re: 10 MOTION for Preliminary Injunction .. Document filed by Disability Rights New York. (Attachments: # 1 Exhibit Exhibit 2-DRNY Preliminary Investigation Public Report.compressed, # 2 Exhibit Exhibit 7-DRNY Letter to Ferncliff Manor, June 16, 2015, # 3 Exhibit Exhibit 8-Ferncliff Manor Letter to DRNY, June 25, 2015, # 4 Exhibit Exhibit 9-DRNY Letter to Ferncliff Manor, July 7, 2015, # 5 Exhibit Exhibit 10-DRNY Letter to Ferncliff Manor, Sept. 17, 2015, # 6 Exhibit Exhibit 11-Ferncliff Manor Letter to DRNY, Sept. 23, 2015, # 7 Exhibit Exhibit 12-DRNY Letter to Ferncliff Manor, Nov. 2, 2015, # 8 Exhibit Exhibit 13-Ferncliff Manor Letter to DRNY, Nov. 6, 2015, # 9 Exhibit Exhibit 14-DRNY Letter to Ferncliff Manor, Nov. 19, 2015_Redacted, # 10 Exhibit Exhibit 15-Ferncliff Manor Letter to DRNY, Dec. 3, 2015, # 11 Exhibit Exhibit 16-DRNY Letter to Ferncliff Manor, Dec. 22, 2015, # 12 Exhibit Exhibit 17-Ferncliff Manor Letter to DRNY, Jan. 8, 2016, # 13 Exhibit Exhibit 21-DRNY Letter to Ferncliff Manor, March 16, 2016, # 14 Exhibit Exhibit 22-Ferncliff Manor Letter to DRNY, March 18, 2016, # 15 Exhibit Exhibit 23-DRNY Letter to Ferncliff Manor, March 23, 2016.compressed, # 16 Exhibit Exhibit 24-Ferncliff Email to DRNY, March 25, 2016)(Holoboff, Anastasia) (Entered: 05/13/2016)

AFFIDAVIT of Stefen Short in Support re: 10 MOTION for Preliminary Injunction .. Document filed by Disability Rights New York. (Attachments: # 1 Exhibit Exhibit 3-Justice Center Ferncliff Manor Reports, # 2 Exhibit Exhibit 18-DRNY Letter to Justice Center, September 1, 2014, # 3 Exhibit Exhibit 19-DRNY Letter to Ferncliff Manor, Oct. 6, 2014, # 4 Exhibit Exhibit 20-Ferncliff Manor Email, Nov. 18, 2014)(Holoboff, Anastasia) (Entered: 05/13/2016)

AFFIDAVIT of Anastasia Holoboff in Support re: 10 MOTION for Preliminary Injunction .. Document filed by Disability Rights New York. (Attachments: # 1 Exhibit Exhibit 4-OPWDD Statement of Deficiencies, Aug. 6, 2015, # 2 Exhibit Exhibit 5-NYSED Monitoring Review, Nov. 4 2015, # 3 Exhibit Exhibit 6-OPWDD Statement of Deficiencies, Jan. 5, 2016, # 4 Exhibit Exhibit 21-DRNY Letter to Ferncliff Manor, March 16, 2016, # 5 Exhibit Exhibit 22-Ferncliff Manor Letter to DRNY, March 18, 2016)(Holoboff, Anastasia) (Entered: 05/13/2016)

MEMORANDUM OF LAW in Support re: 10 MOTION for Preliminary Injunction . . Document filed by Disability Rights New York. (Attachments: # 1 Exhibit Exhibit 25-Disability Rights N.Y v. North Colonie Bd. of Ed.,2016 WL 1122055, (N.D. N.Y March 21, 2016), # 2 Exhibit Exhibit 26-Disability Rights N.Y. v. Wise, 2016 WL 1090579 (N.D.N.Y. March 18, 2016))(Holoboff, Anastasia) (Entered: 05/13/2016)

1 Exhibit Exhibit 25-Disability Rights N.Y v. North Colonie Bd. of Ed.,2016 WL 112

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2 Exhibit Exhibit 26-Disability Rights N.Y. v. Wise, 2016 WL 1090579 (N.D.N.Y. Mar

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REQUEST FOR ISSUANCE OF SUMMONS as to Ferncliff Manor for the Retarded Inc d/b/a S.A.I.L. at Ferncliff Manor; William J. Saich, in his official capacity as Executive Director of Ferncliff Manor for the Retarded Inc. d/b/a S.A.I.L. at Ferncliff Manor, re: 5 Complaint. Document filed by Disability Rights New York. (Holoboff, Anastasia) (Entered: 05/16/2016)

ELECTRONIC SUMMONS ISSUED as to Ferncliff Manor for the Retarded, Inc., William J Saich. (sj) (Entered: 05/17/2016)

NOTICE OF APPEARANCE by Benjamin Zelermyer on behalf of Ferncliff Manor for the Retarded, Inc., William J Saich. (Zelermyer, Benjamin) (Entered: 05/19/2016)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ferncliff Manor for the Retarded, Inc..(Zelermyer, Benjamin) (Entered: 05/19/2016)

FIRST LETTER MOTION for Conference for leave to move for preliminary injunction addressed to Judge Kenneth M. Karas from Anastasia L. Holoboff, Esq. dated May 25, 2016. Document filed by Disability Rights New York.(Holoboff, Anastasia) (Entered: 05/25/2016)

MEMO ENDORSEMENT on re: 21 FIRST LETTER MOTION for Conference for leave to move for preliminary injunction addressed to Judge Kenneth M. Karas from Anastasia L. Holoboff, Esq. dated May 25, 2016. filed by Disability Rights New York. ENDORSEMENT: Defendants are to respond to this letter by June 1, 2016. (Signed by Judge Kenneth M. Karas on 5/26/2016) (rj) (Entered: 05/27/2016)

LETTER addressed to Judge Kenneth M. Karas from Benjamin Zelermyer dated May 31, 2016 re: Pre-Motion Conference. Document filed by Ferncliff Manor for the Retarded, Inc., William J Saich.(Zelermyer, Benjamin) (Entered: 05/31/2016)

AFFIDAVIT OF SERVICE. Ferncliff Manor for the Retarded, Inc. served on 5/18/2016, answer due 6/8/2016. Service was accepted by Yasiry Veras, Authorized Agent. Document filed by Disability Rights New York. (Holoboff, Anastasia) (Entered: 05/31/2016)

AFFIDAVIT OF SERVICE. William J Saich served on 5/18/2016, answer due 6/8/2016. Service was accepted by Yasiry Veras, Co-Worker. Service was made by MAIL. Document filed by Disability Rights New York. (Holoboff, Anastasia) (Entered: 05/31/2016)

MEMO ENDORSEMENT on re: 23 Letter filed by Ferncliff Manor for the Retarded, Inc., William J Saich, (Conference set for 6/14/2016 at 10:30 AM before Judge Kenneth M. Karas.) ENDORSEMENT: The Court will hold a conference on June 14, 2016, at 10:30. So Ordered. (Signed by Judge Kenneth M. Karas on 6/1/16) (yv) Modified on 6/7/2016 (yv). (Entered: 06/07/2016)

ANSWER to 5 Complaint. Document filed by Ferncliff Manor for the Retarded, Inc., William J Saich.(Zelermyer, Benjamin) (Entered: 06/08/2016)

Minute Entry for Pre-Motion Conference held before Judge Kenneth M. Karas on 6/28/2016: Anastasia Holoboff, Jonathan Garvin, and Jennifer Monthie appeared on behalf of Plaintiff; Benjamin Zelermyer appeared on behalf of Defendants. Albi Gorn served as court reporter. Parties are to submit to the Court by July 8 a consent or a briefing schedule. (RM)

FIRST LETTER MOTION for Extension of Time to submit Consent Decree or Briefing Schedule addressed to Judge Kenneth M. Karas from Anastasia L. Holoboff, Esq. dated July 8, 2016. Document filed by Disability Rights New York.(Holoboff, Anastasia) (Entered: 07/08/2016)

MEMO ENDORSEMENT granting 28 Letter Motion for extension of time to submit a consent decree or briefing schedule to July 22, 2016. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 7/8/16) (yv) (Entered: 07/11/2016)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND LETTER MOTION for Extension of Time to submit Consent Order or Briefing Schedule addressed to Judge Kenneth M. Karas from Benjamin Zelermyer dated July 21, 2016. Document filed by Ferncliff Manor for the Retarded, Inc., William J Saich.(Zelermyer, Benjamin) Modified on 7/28/2016 (db). (Entered: 07/21/2016)

SECOND LETTER MOTION for Extension of Time to submit Consent Order or Briefing Schedule (corrected) addressed to Judge Kenneth M. Karas from Benjamin Zelermyer dated July 21, 2016. Document filed by Ferncliff Manor for the Retarded, Inc., William J Saich.(Zelermyer, Benjamin) (Entered: 07/21/2016)

MEMO ENDORSEMENT granting 30 Letter Motion for Extension of Time of the deadline for submission of a consent order or a briefing schedule in this matter to July 29, 2016; granting 31 Letter Motion for Extension of Time of the deadline for submission of a consent order or a briefing schedule in this matter to July 29, 2016. ENDORSEMENT: Granted. (Signed by Judge Kenneth M. Karas on 7/22/16) (yv) (Entered: 07/22/2016)

FIRST LETTER MOTION for Leave to File Letter Motion for Leave to File Consent Order addressed to Judge Kenneth M. Karas from Jonathan Garvin dated July 29, 2016. Document filed by Disability Rights New York. (Attachments: # 1 Text of Proposed Order Text of Consent Order)(Garvin, Jonathan) (Entered: 07/29/2016)

CONSENT ORDER, It is Ordered: Ferncliff will permit DRNY to exercise its rights and safety monitoring function in accordance with the DD Act, the PAIMI Act and the PAIR Act (and their implementing regulations). Ferncliff will provide DRNY with reasonable unaccompanied access as further set forth in this Order. Ferncliff will permit DRNY to exercise its abuse or neglect investigation function in accordance with the DD Act, the PAIMI Act and the PAIR Act (and their implementing regulations). Ferncliff will provide DRNY with the contact information as further set forth in this Order. All records received by DRNY pursuant to this Order, including information contained therein, shall be held in confidence in accordance with 45 C.F.R. ยง 1326.21 (i) and 45 C.F.R. ยง 1326.28(b). Defendants agree to provide access to all records requested pursuant to the timelines set forth in 42 U.S.C. ยง 15043(a)(2)(J), 45 C.F.R. ยง 1326.25(c)(1) and 45 C.F.R. ยง 1326.25(c)(2), unless the parties mutually agree to another timeline. For the purposes of this Order only, "access" shall mean make available for inspection and copying and/or scanning at DRNY's sole expense. The parties anticipate that DRNY will provide and use its own copying and/or scanning equipment and will not require Ferncliff staff to copy or scan any records. DRNY will conduct all monitoring and investigation activities so as to minimize interference with Ferncliff's programs and the responsibilities of its staff. And as further set forth in this Order. This Consent Order shall be binding upon the parties to this action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of this Order. This Court will retain jurisdiction over enforcement of this Consent. So Ordered. 21 FIRST LETTER MOTION for Conference for leave to move for preliminary injunction addressed to Judge Kenneth M. Karas from Anastasia L. Holoboff, Esq. dated May 25, 2016. filed by Disability Rights New York, 10 MOTION for Preliminary Injunction . filed by Disability Rights New York, 33 FIRST LETTER MOTION for Leave to File Letter Motion for Leave to File Consent Order addressed to Judge Kenneth M. Karas from Jonathan Garvin dated July 29, 2016. filed by Disability Rights New York. (Signed by Judge Kenneth M. Karas on 8/7/16) (yv) (Entered: 08/09/2016)

FIRST LETTER MOTION for Leave to File Request for Entry of Judgment addressed to Judge Kenneth M. Karas from Jonathan Garvin dated September 23, 2016. Document filed by Disability Rights New York. (Attachments: # 1 Exhibit Emails)(Garvin, Jonathan) (Entered: 09/23/2016)

LETTER addressed to Judge Kenneth M. Karas from Benjamin Zelermyer dated September 26, 2016 re: DRNY v. Ferncliff Manor. Document filed by Ferncliff Manor for the Retarded, Inc., William J Saich.(Zelermyer, Benjamin) (Entered: 09/26/2016)

MEMO ENDORSEMENT granting 35 Letter Motion for a pre-motion conference. ENDORSEMENT: Having read this and Defendants' Letter, the Court will hold a conference on 10/6/16, at 10:30. So Ordered. (Signed by Judge Kenneth M. Karas on 9/27/16) (yv) (Entered: 09/29/2016)

Set/Reset Hearings: Pre-Motion Conference set for 10/6/2016 at 10:30 AM before Judge Kenneth M. Karas. (yv)

Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 10/6/2016. Jonathan Garvin appeared on behalf of Plaintiff; Benjamin Zelermyer appeared on behalf of Defendants. The case will remain closed, but either Party can file a letter with the Court seeking to reopen it. (BF)

STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by William J Saich, Ferncliff Manor for the Retarded, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Zelermyer, Benjamin) (Entered: 07/11/2019)