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

COMPLAINT against Anthony J. Annucci, New York State Department of Corrections and Community Supervision (Filing fee $400 receipt number 4479713) filed by Disability Rights New York. (Attachments: # 1 Civil Cover Sheet)(sfp, ) (Entered: 08/15/2018)

1 Civil Cover Sheet

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Summons Issued as to Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Attachments: # 1 Summons)(sfp, ) (Entered: 08/15/2018)

G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 11/15/2018 at 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/8/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sfp, ) (Entered: 08/15/2018)

NOTICE of Admission Requirement as to Party Plaintiff; Attorney Betsy Sterling. Phone number is (518) 432-7861. Admissions due by 8/29/2018. [Served by mail.](sfp, ) (Entered: 08/15/2018)

First MOTION for Leave to File Complaint using Pseudonyms filed by Disability Rights New York. Motions referred to Christian F. Hummel. (Asbee, Christina) (Entered: 08/15/2018)

CLERK'S CORRECTION OF DOCKET ENTRY - Clerk terminated the admission requirement deadline for Atty Betsy Sterling re 4 Notice of Admission Requirement. Atty's admission has been taken care of. (sfp, )

NOTICE of Appearance by Megan T. Williams on behalf of Disability Rights New York (Williams, Megan) (Entered: 08/27/2018)

AFFIDAVIT of Service for Summons served on Department of Corrections and Community Service on 8/23/2018, filed by Disability Rights New York. (Williams, Megan) (Entered: 09/04/2018)

AFFIDAVIT of Service for Summons served on Anthony J. Annucci on 8/23/2018, filed by Disability Rights New York. (Williams, Megan) (Entered: 09/04/2018)

***Answer deadline set for Anthony J. Annucci and New York State Department of Corrections and Community Supervision to 9/12/2018. (jmb)

NOTICE of Appearance by Brian W. Matula on behalf of Anthony J. Annucci, New York State Department of Corrections and Community Supervision (Matula, Brian) (Entered: 09/10/2018)

Letter Motion from Brian W. Matula for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting extension of time to answer or move with regard to Complaint (to Oct. 12, 2018) submitted to Judge Christian F. Hummel . (Matula, Brian) (Entered: 09/10/2018)

TEXT ORDER granting 10 Letter Request to extend answer deadline: Anthony J. Annucci answer due 10/12/2018; New York State Department of Corrections and Community Supervision answer due 10/12/2018. Authorized by Magistrate Judge Christian F. Hummel on 9/10/2018. (tab) (Entered: 09/10/2018)

Letter Motion from Brian W. Matula for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting one (1) week extension of time to answer or otherwise move submitted to Judge Christian F. Hummel . (Matula, Brian) (Entered: 10/12/2018)

CLERK'S CORRECTION OF DOCKET ENTRY: Docket # 13 Removed from Docket as it was docketed in the wrong case. (lmw)

Letter Motion from Plaintiff for Disability Rights New York requesting Plaintiff's Objection to Defendants' Request for Extension of Time to File and Serve Defendants' Answer or Otherwise Move submitted to Judge Hummel . (Tomlinson, Brandy) (Entered: 10/12/2018)

TEXT ORDER granting 12 Letter Request for a one (1) week extension of time to answer or otherwise move, over Plaintiff's filed objections in Dkt. No. 13 . Anthony J. Annucci answer due 10/19/2018; New York State Department of Corrections and Community Supervision answer due 10/19/2018. Authorized by Magistrate Judge Christian F. Hummel on 10/12/2018. (tab) (Entered: 10/12/2018)

MOTION for Summary Judgment Motion Hearing set for 12/6/2018 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 11/19/2018 Reply to Response to Motion due by 11/26/2018. filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Attachments: # 1 Memorandum of Law in Support of Defendants' Motion for Summary Judgment, # 2 Statement of Material Facts, # 3 Declaration of Cathy Y. Sheehan, Esq. in Support of Motion for Summary Judgment, # 4 Exhibit(s) Bates #1-358 (filed separately due to confidential nature of exhibits)) (Matula, Brian) (Entered: 10/19/2018)

1 Memorandum of Law in Support of Defendants' Motion for Summary Judgment

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2 Statement of Material Facts

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3 Declaration of Cathy Y. Sheehan, Esq. in Support of Motion for Summary Judgment

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4 Exhibit(s) Bates #1-358 (filed separately due to confidential nature of exh

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TEXT NOTICE on # 15 MOTION for Summary Judgment : Motion set for 12/6/2018 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Response to Motion due by 11/19/2018. Reply to Response to Motion due by 11/26/2018. (lmw)

TEXT NOTICE: The Rule 16 Initial Conference scheduled for 11/15/2018 at 9:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab) (Entered: 10/23/2018)

TEXT ORDER Setting a Response deadline for Plaintiff's 5 First MOTION for Leave to File Complaint using Pseudonyms: Defendant is directed to file a response to Plaintiff's motion by 11/13/2018. This motion will be taken on submit. Authorized by Magistrate Judge Christian F. Hummel on 10/23/2018. (tab) (Entered: 10/23/2018)

First MOTION for Extension of Time to File Response/Reply to Defendants' Memorandum of Law in Support for Motion for Summary Judgment filed by Disability Rights New York. Motions referred to Christian F. Hummel. (Tomlinson, Brandy) (Entered: 10/29/2018)

TEXT ORDER granting # 19 Plaintiff's Motion for Extension of Time to File Response to # 15 Defendants' MOTION for Summary Judgment: Plaintiff's Response to Motion due by 12/14/2018. Defendants' Reply to Response to Motion due by 12/21/2018. SO ORDERED by Chief Judge Glenn T. Suddaby on 10/30/18. (lmw) (Entered: 10/30/2018)

AMENDED COMPLAINT against All Defendants filed by Disability Rights New York. (Attachments: # 1 Proposed Amended Pleading)(Williams, Megan) (Entered: 12/06/2018)

1 Proposed Amended Pleading

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TEXT ORDER denying without prejudice # 21 Plaintiff's motion to amend its Complaint pursuant to Fed. R. Civ. P. 15(a)(2). Plaintiff's motion violates Local Rule 7.1(a)(1),(2) in that it is not supported by either an affidavit or a memorandum of law. These documents are particularly material given that it appears at least arguable that (1) Plaintiff has unduly delayed in moving to amend until after it requested (and received) a 25-day extension of the deadline by which to respond to Defendants' motion for summary judgment and then waited until 8 days before the expiration of that new deadline, (2) Plaintiff has unduly prejudiced Defendants by requiring them to either amend or refile their motion for summary judgment and extending the briefing schedule of that motion by 45 days, and (3) Plaintiff's proposed amendments are futile in that they do not cure the defects identified in Defendants' motion for summary judgment. Plaintiff is respectfully advised that its response to Defendants' motion for summary judgment remains due on December 14, 2018. The Court notes that, under the circumstances, it is appropriate to stay the deadline by which Defendants must file an Answer to Plaintiff's Complaint, until fourteen days after a final determination is issued with respect to Defendants' motion for summary judgment in the event that the action survives. Sanchezmartino v. Demmon, 16-CV-0139, 2017 WL 1098168, at *2, n.2 (N.D.N.Y. Feb. 23, 2017) (Peebles, M.J.), adopted, Decision and Order (N.D.N.Y. filed March 22, 2017) (Suddaby, J.).SO ORDERED by Chief Judge Glenn T. Suddaby on 12/7/18. (lmw) (Entered: 12/07/2018)

First MOTION to Withdraw as Attorney filed by Disability Rights New York. Motions referred to Christian F. Hummel. (Williams, Megan) (Entered: 12/13/2018)

Amended MOTION to Withdraw as Attorney filed by Disability Rights New York. Motions referred to Christian F. Hummel. (Williams, Megan) (Entered: 12/13/2018)

DOCKET ANNOTATION: Motions # 23 MOTION & # 24 AMENDED MOTION to Withdraw as Attorney filed by Megan Williams on behalf of Disability Rights New York are terminated. The Clerk has terminated attorney Williams pursuant to her change of employment without Order because other members of the Office of Disability Rights of New York will remain on record, therefore no Order is necessary. (jmb)

Cross MOTION for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment Motion Hearing set for 2/1/2019 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 1/15/2019 Reply to Response to Motion due by 1/22/2019. filed by Disability Rights New York. (Attachments: # 1 Memorandum of Law, # 2 Statement of Material Facts Plaintiff's SMF, # 3 Statement of Material Facts Plaintiff's Reply to Defendants' SMF, # 4 Declaration, # 5 Exhibit(s), # 6 Declaration, # 7 Declaration, # 8 Exhibit(s), # 9 Declaration, # 10 Exhibit(s), # 11 Declaration, # 12 Exhibit(s), # 13 Declaration, # 14 Exhibit(s), # 15 Declaration, # 16 Exhibit(s), # 17 Declaration, # 18 Declaration, # 19 Exhibit(s), # 20 Declaration, # 21 Exhibit(s), # 22 Declaration, # 23 Exhibit(s), # 24 Declaration, # 25 Exhibit(s), # 26 Declaration, # 27 Exhibit(s), # 28 Declaration, # 29 Exhibit(s)) (Asbee, Christina) (Sealed Exhibits at attachments 25-5, 25-8, 25-10, 25-12, 25-14, 24-16, 25-19, 25-21, 25-23, 25-25, 25-27 and 25-29 uploaded and replaced on 12/21/2018 pursuant to # 28 Text Order dated 12/18/18) (lmw) (Entered: 12/14/2018)

1 Memorandum of Law

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2 Statement of Material Facts Plaintiff's SMF

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3 Statement of Material Facts Plaintiff's Reply to Defendants' SMF

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4 Declaration

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6 Declaration

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7 Declaration

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9 Declaration

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11 Declaration

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13 Declaration

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15 Declaration

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17 Declaration

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18 Declaration

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20 Declaration

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22 Declaration

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24 Declaration

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26 Declaration

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28 Declaration

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Letter Motion from Plaintiff with Defendants' Support for Disability Rights New York requesting to File Exhibits to Summary Judgment Filings Under Seal submitted to Judge Glenn T. Suddaby . (Asbee, Christina) (Entered: 12/18/2018)

Order on Letter Request

Letter Motion from Brian W. Matula, Esq. for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting adjournment of return date and reply/opposition (on consent) submitted to Judge Glenn T. Suddaby . (Matula, Brian) (Entered: 12/18/2018)

TEXT ORDER granting # 26 Plaintiff's Letter Request to file its exhibits to Docket # 25 under seal. Under the governing legal standard set forth in Lugosch v. Pyramid Co. of Onondaga Cty., 435 F.3d 110, 125-26 (2d Cir. 2006), and the procedure set forth in Local Rule 83.13, the Court concludes that the exhibits, in its entirety, should be sealed. In rendering this conclusion, the Court finds that such sealing is (1) essential to preserve values higher than a qualified First Amendment right of access to the material in question and (2) narrowly tailored to serve that interest. More specifically, the exhibits contain information that is confidential and privileged. Moreover, the Court finds that a partial redaction of the exhibits is an unfeasible alternative given, in part, the fact that the material in need of redaction pervades the exhibits. As a result, the Clerk of the Court is directed to file the exhibits, in its entirety, under seal. Plaintiff's counsel is directed to email copies of the exhibits to the Court's CRD to be uploaded to the docket under seal. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/18/18. (lmw) (Entered: 12/18/2018)

TEXT ORDER granting # 27 Defendants' Letter Request for an extension to file a reply to its # 15 Motion for Summary Judgment and response to # 25 Plaintiff's cross-motion for Summary Judgment: Motion rescheduled for 2/7/2019 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Reply to Response to Motion/Response to Cross-motion due by 1/25/2019. No further extensions will be granted without good cause shown. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/18/18. (lmw) (Entered: 12/18/2018)

TEXT ORDER directing the Clerk of the Court to rename Docket # 16 as Exhibits to the Declaration of Cathy Y. Sheehan, Esq. (Bates #1-358) in support of Defendants' # 15 Motion for Summary Judgment (See Docket 15, Attachment 4) and sua sponte sealing Docket # 16 Exhibits to the Declaration. Under the governing legal standard set forth in Lugosch v. Pyramid Co. of Onondaga Cty., 435 F.3d 110, 125-26 (2d Cir. 2006), and the procedure set forth in Local Rule 83.13, the Court concludes that the exhibits, in its entirety, should be sealed. In rendering this conclusion, the Court finds that such sealing is (1) essential to preserve values higher than a qualified First Amendment right of access to the material in question and (2) narrowly tailored to serve that interest. More specifically, the exhibits contain information that is confidential and privileged. Moreover, the Court finds that a partial redaction of the exhibits is an unfeasible alternative given, in part, the fact that the material in need of redaction pervades the exhibits. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/20/18. (lmw) (Entered: 12/20/2018)

Order

REPLY to Response to Motion re 15 MOTION for Summary Judgment, 25 Cross MOTION for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Attachments: # 1 Statement of Material Facts (RESPONSE TO PLAINTIFF'S STATEMENT OF MATERIAL FACTS))(Matula, Brian) (Entered: 01/25/2019)

MOTION for Leave to File Supplemental Statement of Undisputed Material Facts filed by Disability Rights New York. (Attachments: # 1 Exhibits to Letter Motion) Motions referred to Christian F. Hummel. (Asbee, Christina) (Additional attachment(s) added on 4/11/2019: # 2 Redacted Exhibits) (lmw, ). (Entered: 04/08/2019)

TEXT ORDER granting Defendants SEVEN (7) DAYS from the date of this Text Order by which to file a response to Plaintiff's letter-motion for leave to file a Supplemental Statement of Material Facts (Dkt. No. 32 ). Should they so choose, Defendants are invited, in their response, to address the significance, if any, of the fact that Plaintiff's pending claims in this case are based on events occurring on or before August 15, 2018 (Dkt. No. 1, at 24 [Plf.'s Compl., dated Aug. 15, 2018]). Should Defendants decide to consent to Plaintiff's letter-motion, they are advised that they would be given fourteen days from the date of the Clerk's filing and docketing of Plaintiff's Supplemental Statement (Dkt. No. 32, Attach. 1, at 46-47) by which to (1) file a Response to Plaintiff's Supplemental Statement and (2) file a Supplemental Reply Memorandum of Law no longer than five pages in length. Finally, regardless of the foregoing, Plaintiff shall, within SEVEN (7) DAYS from the date of this Text Order, comply with Local Rule 83.13 with regard to Dkt. No. 32, Attach. 1. If it does not do so, the attachment shall be unsealed. SO ORDERED by Chief Judge Glenn T. Suddaby on 4/10/19. (lmw) (Entered: 04/10/2019)

Order

RESPONSE TO LETTER BRIEF filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision as to 32 Motion for Leave to File, filed by Disability Rights New York . (Matula, Brian) (Entered: 04/16/2019)

TEXT ORDER granting # 32 Plaintiff's motion for leave to file a Supplemental Statement of Undisputed Material Facts. Defendants present numerous sound arguments in opposition to Plaintiff's motion, particularly their argument that Plaintiff's proposed supplemental facts have little (if any) materiality to the claims and requests for relief pending in this action. (Dkt. No. 34 ) However, the Court finds that these arguments are outweighed, under the circumstances, by an interest in litigation efficiency and an extension of special solicitude to Plaintiff as a civil rights litigant. The Clerk of the Court is directed to file pages 46 and 47 of Dkt. No. 32, Attach. 1, and docket them as Plaintiff's Supplemental Statement of Undisputed Material Facts. (No need exists to refile Attorney Asbee's Declaration and exhibits thereto, which are already filed in Dkt. No. 32, Attach. 2.) Defendant shall have FOURTEEN (14) DAYS from the date of this Text Order by which to (1) file a Response to Plaintiff's Supplemental Statement and (2) file a Supplemental Reply Memorandum of Law no longer than FIVE (5) PAGES in length. Thereafter, no further briefing shall be accepted on the pending motions for summary judgment, and a decision shall be forthcoming. SO ORDERED by Chief Judge Glenn T. Suddaby on 4/23/19. (lmw) (Entered: 04/23/2019)

Order on Motion for Leave to File

Plaintiff's Supplemental STATEMENT OF MATERIAL FACTS in support of Plaintiff's Cross-Motion for Summary Judgment filed by Disability Rights New York. (lmw) (Entered: 04/23/2019)

TEXT ORDER reminding Plaintiff of the directive contained in the last two sentences of the Court's Text Order of 04/10/2019 (Dkt. No. 33 ). The deadline for Plaintiff's compliance with that Text Order is sua sponte extended to SEVEN (7) DAYS from the date of this Text Order. If it does not comply with these two Text Orders, the referenced attachment shall be unsealed. SO ORDERED by Chief Judge Glenn T. Suddaby on 4/30/19. (lmw) (Entered: 04/30/2019)

Order

Letter Motion from Plaintiff Seeking Leave to Seal Records for Disability Rights New York requesting Order to File Under Seal submitted to Judge Glenn T. Suddaby Plaintiff's Letter Motion. (Attachments: # 1 Proposed Order/Judgment Proposed Order, # 2 Exhibit(s) Redacted Exhibits)(Monthie, Jennifer) (Entered: 05/01/2019)

TEXT ORDER granting # 38 Plaintiff's application to seal Dkt. No. 32, Attach. 1, pursuant to Fed. R. Civ. P. 5.2(d) and Local Rule 83.13(a) and 8.1, for the reasons stated by Plaintiff. Under the legal standard set forth in Lugosch v. Pyramid Co. of Onondaga Cty., 435 F.3d 110, 125-26 (2d Cir. 2006), the Court finds that such sealing is (1) essential to preserve values higher than a qualified First Amendment right of access to the material and (2) narrowly tailored to serve that interest. More specifically, the Court finds that non-parties possess a strong privacy interest in the redacted information. SO ORDERED by Chief Judge Glenn T. Suddaby on 5/3/19. (lmw) (Entered: 05/03/2019)

Order on Letter Request

STATEMENT OF MATERIAL FACTS re 32 MOTION for Leave to File Supplemental Statement of Undisputed Material Facts filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Attachments: # 1 Memorandum of Law in Further Support of Defendants' Motion for Summary Judgment and in Opposition to Plainitff's Motion for Summary Judgment, # 2 Declaration of Cathy Y. Sheehan, # 3 Exhibit(s) A (correspondence regarding Nov. 27, 2018 request for records), # 4 Exhibit(s) B (various requests for records))(Matula, Brian) (Entered: 05/07/2019)

DECISION AND ORDER that Plaintiff's motion for permission to refer to the inmates referenced in the Complaint by pseudonyms (Dkt. No. 5 ) is GRANTED. Defendants' motion for summary judgment (Dkt. No. 15) is GRANTED in part and DENIED in part in accordance with Part III.B. of this Decision and Order. Plaintiff's cross-motion for summary judgment (Dkt. No. 25 ) is DENIED in accordance with Part III.C. of this Decision and Order. The following claims are DISMISSED: (1) Plaintiff's request for prospective injunctive relief; (2) Plaintiff's request for a declaratory judgment that Defendants are obligated to ensure that the access rights granted to Plaintiff by the P&A Acts are fully and uniformly implemented; and (3) Plaintiff's claims under the PAIMI Act as to Inmates B, C, E, F, G, H, I, J, K, M, N, R, U, V and GG. The following claims SURVIVE parties' cross-motions for summary judgment: (1) Plaintiff's request for a declaratory judgment that Defendants have violated Plaintiff's rights under the P&A Acts; (2) Plaintiff's claims under the PAIMI Act as to Inmates A, D, L, O, P, Q, S, T, W, X, Y, Z, AA, BB, CC, DD, EE, FF and HH, and the records related to DOCCS' facilitation of RTF services; and (3) Plaintiff's claims under the DD Act and PAIR Act as to Inmates A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, BB, CC, DD, EE, FF, GG, and HH, and the records related to DOCCS' facilitation of RTF services. Counsel are directed to appear on November 7, 2019 at 11:00 AM in Syracuse, NY for a pretrial conference, at which time counsel are directed to appear with settlement authority, and in the event that the case does not settle, trial will be scheduled at that time. Plaintiff is further directed to forward a written settlement demand to Defendants no later than October 11, 2019, and the parties are directed to engage in meaningful settlement negotiations before the conference. In the event that counsel feel settlement is unlikely, counsel may request to participate via telephone conference for the limited purpose of scheduling a trial date by electronically filing a letter request at least one week before the scheduled conference. Signed by Chief Judge Glenn T. Suddaby on 9/24/2019. (sal ) (Entered: 09/24/2019)

Set Hearings: Pretrial Conference set for 11/7/2019 at 11:00 AM in Syracuse before Chief Judge Glenn T. Suddaby. Plaintiff is directed to forward a written settlement demand to Defendants no later 10/11/2019, and the parties are directed to engage in meaningful settlement negotiations before the conference. (sal )

***Answer to 1 Complaint due date updated for Anthony J. Annucci answer due 10/8/2019; New York State Department of Corrections and Community Supervision answer due 10/8/2019. (sal )

ANSWER to 1 Complaint by Anthony J. Annucci, New York State Department of Corrections and Community Supervision.(Matula, Brian) (Entered: 10/08/2019)

Letter Motion from Brian W. Matula, Esq. for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting permission to appear by telephone during Nov. 7, 2019 conference submitted to Judge Glenn T. Suddaby . (Attachments: # 1 Exhibit(s) A - Plaintiff's Letter of Oct. 10, 2019)(Matula, Brian) Restricted viewing of exhibits as they pertain to settlement on 10/31/2019 (sal ). (Entered: 10/31/2019)

RESPONSE TO LETTER BRIEF filed by Disability Rights New York as to 43 Letter Request/Motion, filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision . (Asbee, Christina) (Entered: 10/31/2019)

TEXT ORDER denying 43 Letter Request to conduct the proceeding scheduled for November 7, 2019 at 11:00 AM by telephone. IN PERSON APPEARANCES ARE REQUIRED. SO ORDERED by Chief Judge Glenn T. Suddaby on 11/5/2019. (sal ) (Entered: 11/05/2019)

Order on Letter Request

Order

TEXT Minute Entry for proceedings held before Chief Judge Glenn T. Suddaby: Pretrial Conference held on 11/7/2019. The parties discuss how they interpret Chief Judge Suddaby's recent decision, as well as the statute and regulations involved for inspection and/or copying of records. Chief Judge Suddaby encourages the parties to resolve this matter. This case is referred to Magistrate Judge Christian F. Hummel to conduct a settlement conference, at which time both parties must appear not only through counsel but through the necessary principals. Plaintiff's counsel indicates that if the case cannot be resolved some discovery may be necessary before this case is set for trial. APP: Betsy Sterling, Esq., Brandy Tomlinson, Esq., Christine Asbee, Esq., and Jennifer Monthie, Esq. for Plaintiff. Brian Matula, Esq. for Defendants. Time: 11:06 AM - 11:47 AM. Court Reporters: Jodi Hibbard (for the official court transcript) and Eileen McDonough (who provided real time). (sal )

TEXT ORDER referring this action to U.S. Magistrate Judge Christian F. Hummel for supervision of settlement negotiations, at which both parties shall appear not only through counsel but through the necessary principals. More specifically, Defendants must appear through both DOCCS counsel and the DOCCS official(s) responsible for records maintenance and distribution. Plaintiff must appear through both counsel and personnel responsible for records retrieval. SO ORDERED by Chief Judge Glenn T. Suddaby on 11/7/2019. (sal ) (Entered: 11/07/2019)

TRANSCRIPT REQUEST of November 7, 2019 Pre-trial Conference by Disability Rights New York. (Tomlinson, Brandy) (Entered: 11/15/2019)

COURT NOTICE of Conference: A Settlement Conference has been set for Wednesday, 12/11/2019 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Counsel and parties are directed to appear, in accordance with the Text Order issued by Chief Judge Suddaby on 11/7/2019 at Dkt. No. 46, and should report to Room 441 of the James T. Foley, U.S. Courthouse in Albany, NY (tab) (Entered: 11/15/2019)

TRANSCRIPT of Proceedings: Pretrial Conference held on 11/7/2019 before Judge Glenn T. Suddaby, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/16/2019. Redacted Transcript Deadline set for 12/26/2019. Release of Transcript Restriction set for 2/24/2020. Notice of Intent to Redact due by 12/2/2019 (jlh, ) (Entered: 11/25/2019)

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Settlement Conference held on 12/11/2019. Appearances by Brandy Tomlinson, Esq.; Christina Asbee, Esq. Jennifer Monthie, Esq. for Plaintiff with Tim Clune, present; AAG Brian Matula and Cathy Sheehan, Esq. on behalf of Defendants. No settlement is reached. (tab)

NOTICE by Disability Rights New York (Sterling, Betsy) (Entered: 12/20/2019)

NOTICE of Hearing: A Telephonic Initial Rule 16 Conference has been set for Friday, 1/31/2020 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/24/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the conference.(tab) (Entered: 01/06/2020)

TEXT ORDER re: 51 Notice of Conference. The Initial Conference set for January 31, 2020 is re-scheduled as an IN-PERSON conference and has been reset to begin at 2:30 PM in Albany before Magistrate Judge Christian F. Hummel. Dial-in permissions have been removed from this conference. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 1/10/2020. (tab) (Entered: 01/10/2020)

~Util - Set Hearings

Order

CIVIL CASE MANAGEMENT PLAN Filed Jointly by Disability Rights New York. (Tomlinson, Brandy) (Entered: 01/24/2020)

Letter Motion from Brian W. Matula, Esq. for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting for the Court to permit briefing as to whether Plaintiff's remaining claims should be dismissed as a result of a recently-adopted position it has taken in this litigation submitted to Judge Glenn T. Suddaby . (Matula, Brian) (Entered: 01/29/2020)

RESPONSE to Motion re 54 Letter Motion from Brian W. Matula, Esq. for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting for the Court to permit briefing as to whether Plaintiff's remaining claims should be dismiss by reconsideration of the Court's MSJ Decision and Order filed by Disability Rights New York. (Asbee, Christina) (Entered: 01/30/2020)

TEXT ORDER granting 54 Defendants' letter-motion for the reasons stated therein. Defendants are hereby granted THIRTY (30) DAYS in which to file either a motion for reconsideration of the Court's Decision and Order of September 24, 2019 (Dkt. No. 41 ) in light of Plaintiff's current position (that DOCCS never served as its agent for the purpose of inspection) or a second motion for summary judgment on the narrow issue(s) identified by them in their letter-motion. Plaintiff's opposition shall be due within FOURTEEN (14) DAYS of filing of Defendants' motion, and Defendants' reply shall be due within SEVEN (7) DAYS of filing of Plaintiff's opposition. The page limitations shall be those set forth in Local Rule 7.1(a)(1) and (b)(1). The motion shall be decided on the papers unless the Court notifies counsel that oral argument is necessary. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/30/2020. (sal ) (Entered: 01/31/2020)

Order on Letter Request

Order Removing Case from ADR

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 1/31/2020. Appearances by Christina Asbee, Esq. for the plaintiff; AAG Brian Matula, for the Defendants. This case will be opted out of mandatory mediation. Parties advise the Court that they are aware of Chief Judge Suddaby's text order that issued shortly before the conference. Deadlines are established and a scheduling order will be issued. (Court Reporter Lisa Tennyson) (tab)

TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on 1/31/2020. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 1/31/2020. (tab) (Entered: 01/31/2020)

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days (Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 2/14/2020. Amended Pleadings due by 6/30/2020. Discovery due by 6/30/2020. Motions to be filed by 9/1/2020. Status Report due by 5/1/2020. Signed by Magistrate Judge Christian F. Hummel on 1/31/2020. (tab) (Entered: 01/31/2020)

Second MOTION for Summary Judgment Motion Hearing set for 4/2/2020 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 3/16/2020 Reply to Response to Motion due by 3/23/2020. filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Attachments: # 1 Affirmation of Brian W. Matula in Support of Defendants' (SECOND) Motion for Summary Judgment, # 2 Exhibit(s) A - Email correspondence dated Jan. 6, 2020, # 3 Statement of Material Facts, # 4 Memorandum of Law, # 5 Exhibit(s) A - Case (Prot. & Advocacy v. Freudenthal) with annexed Access Agreement) (Matula, Brian) (Entered: 03/02/2020)

1 Affirmation of Brian W. Matula in Support of Defendants' (SECOND) Motion fo

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2 Exhibit(s) A - Email correspondence dated Jan. 6, 2020

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3 Statement of Material Facts

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4 Memorandum of Law

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5 Exhibit(s) A - Case (Prot. & Advocacy v. Freudenthal) with annexed Access Agreem

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TEXT NOTICE re 59 Second Motion for Summary Judgment : Response to Motion due by 3/16/2020. Reply to Response to Motion due by 3/23/2020. This motion is taken on submission of the papers and returnable before Chief Judge Glenn T. Suddaby on 4/2/2020. No appearances are required. (sal )

RESPONSE in Opposition re 59 Second MOTION for Summary Judgment and Plaintiff's Motion for Reconsideration filed by Disability Rights New York. (Attachments: # 1 Memorandum of Law, # 2 Affidavit, # 3 Statement of Material Facts)(Tomlinson, Brandy) Modified on 11/4/2020 to make a pending motion (sal). (Entered: 03/16/2020)

REPLY to Response to Motion re 59 Second MOTION for Summary Judgment and in OPPOSITION to Plaintiff's Motion for Reconsideration filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Matula, Brian) (Entered: 03/23/2020)

NOTICE by UNITED STATES OF AMERICA (Statement of Interest) (Hoggan, John) (Entered: 03/30/2020)

MEMORANDUM OF LAW re 59 Motion for Summary Judgment,, 62 Notice (Other) in response to Department of Justice's Statement of Interest filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Matula, Brian) (Entered: 04/01/2020)

STATUS REPORT by Disability Rights New York. (Tomlinson, Brandy) (Entered: 05/01/2020)

~Util - Set Deadlines

Order

TEXT ORDER re 64 Status Report filed by Disability Rights New York. Deadlines are extended as follows: Discovery due by 9/30/2020, Motions to be filed by 11/30/2020, Parties are directed to file a Status Report by 7/1/2020. Authorized by Magistrate Judge Christian F. Hummel on 5/1/2020. (tab) (Entered: 05/01/2020)

STATUS REPORT JOINTLY FILED by Disability Rights New York. (Tomlinson, Brandy) (Entered: 07/01/2020)

Letter Motion from Brian W. Matula, Esq. for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting (1) temporary relief from the obligation to produce a witness on 9/24/2020 for a deposition because of an unexpected childcare issue; (2) Court intervention with regard to discovery disputes; (3) extension of time to complete discovery submitted to Judge Christian F. Hummel . (Attachments: # 1 Exhibit(s) A - Plaintiff's Response to Interrogatories and Discovery Demands, # 2 Exhibit(s) B - Correspondence (9/18/2020))(Matula, Brian) (Entered: 09/21/2020)

TEXT ORDER re 67 Letter Motion from Brian W. Matula, Esq. for Anthony J. Annucci, New York State Department of Corrections and Community Supervision. Plaintiff is directed to file a response to Defendants' Dkt. no. 67 by 5:00 PM on 9/22/2020. A Telephonic Discovery Conference has been set for Wednesday, 9/23/2020 @ 9:00 AM. Counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call. So Ordered. Authorized by Magistrate Judge Christian F. Hummel on 9/21/2020. (tab) (Entered: 09/21/2020)

~Util - Set Deadlines/Hearings AND Order

RESPONSE to Motion re 67 Letter Motion from Brian W. Matula, Esq. for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting (1) temporary relief from the obligation to produce a witness on 9/24/2020 for a deposition becaus Response to Defendants' Letter Motion filed by Disability Rights New York. (Attachments: # 1 Supplement Case supplement, # 2 Exhibit(s) Exhibit A, # 3 Exhibit(s) Exhibit B)(Tomlinson, Brandy) (Entered: 09/22/2020)

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 9/23/2020 by telephone. Appearances by Brandy Tomlinson, Esq. and Christina Asbee, Esq. for plaintiff; AAG Brian Matula, for the defendants. The Court addresses the issue of the deposition of the rule 30(b)(6) witness and extends the discovery ddl for the sole purpose of deposing that witness until 10/12/2020. The issues surrounding discovery disputes as outlined in Defendant's letter request at Dkt. no. 67 will need to be addressed by motion. Defendants are permitted to file a Motion to Compel Discovery by 10/9/2020. Plaintiff is directed to respond by 10/23/2020. (Court Reporter Jacqueline Stroffolino) (tab)

TEXT ORDER: As was set forth during the 9/23/2020 tele-conference, discovery deadline and briefing schedule are set as follows: Discovery due by 10/12/2020 (extended for the sole purpose of deposing the Rule 30(b)(6) witness). Defendant's Motion to Compel to be filed by 10/9/2020; Plaintiff's response set for 10/23/2020. Authorized by Magistrate Judge Christian F. Hummel on 9/24/2020. (tab) (Entered: 09/24/2020)

~Util - Set Deadlines AND ~Util - Terminate Motions AND Order

~Util - Terminate Motions AND ~Util - Set Deadlines AND Order

~Util - Terminate Motions AND Order AND ~Util - Set Deadlines

MOTION to Compel Motion Hearing set for 11/19/2020 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 11/2/2020 filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Attachments: # 1 Memorandum of Law in Support of Defendants' Motion to Compel, # 2 Affirmation of Brian W. Matula in Support of Motion to Compel, # 3 Exhibit(s) A - Defendants' Interrogatories and Document Demands, # 4 Exhibit(s) B - Plaintiff's Response to Defendants' Interrogatories and Discovery Demands, # 5 Exhibit(s) C - Correspondence (9/14/2020), # 6 Exhibit(s) D - Email correspondence (9/18/2020), # 7 Exhibit(s) E - Email correspondence (9/18/2020), # 8 Exhibit(s) F - Email correspondence (9/18/2020), # 9 Exhibit(s) G - Letter correspondence (9/18/2020), # 10 Exhibit(s) H - Email correspondence (9/21/2020)) Motions referred to Christian F. Hummel. (Matula, Brian) (Entered: 10/09/2020)