Case: Zielinski v. New York Department Of Corrections and Community Supervision (DOCCS)

COMPLAINT filed by Jeremy Zielinski, Travis Hudson, Bruce Moses, Oscar Nunez, Jean Marc Desmarat, and David Haigh, on behalf of themselves and all others similarly situated, against New York Department Of Corrections and Community Supervision (DOCCS), Daniel F. Martuscello, III, David Howard, and Danielle Glebocki. (Filing fee $405 receipt number ANYNDC-6676648) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Civil Cover Sheet)(lmw) (Entered: 03/29/2024)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Civil Cover Sheet

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Order

Summons Issued as to Danielle Glebocki, David Howard, Daniel F. Martuscello, III, and New York Department Of Corrections and Community Supervision (DOCCS). (lmw, ) (Entered: 03/29/2024)

MOTION for Temporary Restraining Order/MOTION for Preliminary Injunction filed by Jean Marc Desmart, David Haigh, Travis Hudson, Bruce Moses, Oscar Nunez, Jeremy Zielinski. Motion returnable before Judge Glenn T. Suddaby. (Attachments: # 1 Declaration of Madeline Byrd, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Memorandum of Law, # 18 Proposed Order)(lmw) (Entered: 03/29/2024)

1 Declaration of Madeline Byrd

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Memorandum of Law

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18 Proposed Order

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TEXT ORDER directing Plaintiffs to serve Defendants, by 5:00 p.m. on MONDAY, APRIL 1, 2024, with Plaintiffs' Summons and Complaint by the method prescribed in Fed. R. Civ. P 4, along with a copy of their motion for a temporary restraining order and preliminary injunction (Dkt. No. 2 ) and a copy of this Text Order, and file a certificate of such service. Defendants' response to Plaintiff's motion (which may come in the form of a letter-brief instead of an opposition memoranda of law but should still include any declarations or exhibits relied upon) is due by 5:00 p.m. on THURSDAY, APRIL 4, 2024. Plaintiffs' reply, should they choose to file one, is due by 9:00 a.m. on FRIDAY, APRIL 5, 2024. Counsel are respectfully notified that no district judge is currently available to conduct a hearing on this motion on Friday, April 5 (either in-person or remotely), or, indeed, anytime during the week of April 1. If both sides consent to waive that hearing, or to have that hearing conducted (and this motion decided) by U.S. Magistrate Judge Christian F. Hummel, they should immediately so notify the Court in writing. Otherwise the issue of a hearing shall be addressed and resolved by subsequent Text Order. SO ORDERED by U.S. District Judge Glenn T Suddaby on 3/29/2024. (sal ) (Entered: 03/29/2024)

NOTICE by Jean Marc Desmart, David Haigh, Travis Hudson, Bruce Moses, Oscar Nunez, Jeremy Zielinski re 4 Order,,,,, /Plaintiffs Consent to Magistrate Judge Hummel Conducting a Hearing on Temporary Restraining Order and Permanent Injunction (Attachments: # 1 Exhibit(s) A - Email with DOCCS)(McArdle, Christopher) (Entered: 04/01/2024)

G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 7/1/2024 at 9:00 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 6/24/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (meb) (Entered: 04/01/2024)

SUMMONS Returned Executed by Bruce Moses, Oscar Nunez, David Haigh, Jean Marc Desmart, Jeremy Zielinski, Travis Hudson. Daniel F. Martuscello, III served on 4/1/2024, answer due 4/22/2024; New York Department Of Corrections and Community Supervision (DOCCS) served on 4/1/2024, answer due 4/22/2024. (McArdle, Christopher) (Entered: 04/01/2024)

Order Reassigning Case

Order

Telephone Conference

TEXT ORDER directing Defendants to file a letter by 12:00 p.m. today advising the Court whether they consent to waive the hearing referenced in the Court's Text Order of 03/29/2024 (Dkt. No. 4 ), or to have that hearing conducted (and Plaintiffs' motion decided) by U.S. Magistrate Judge Christian F. Hummel. SO ORDERED by U.S. District Judge Glenn T Suddaby on 4/2/2024. (sal) (Entered: 04/02/2024)

TEXT ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Mae A. D'Agostino for all further proceedings. U.S. District Judge Glenn T Suddaby no longer assigned to case. SO ORDERED by Chief Judge Brenda K. Sannes on 4/2/2024. (sal) (Entered: 04/02/2024)

Letter Motion from Adrienne J. Kerwin for Danielle Glebocki, David Howard, Daniel F. Martuscello, III, New York Department Of Corrections and Community Supervision (DOCCS) requesting waiver of hearing submitted to Judge D'Agostino . (Kerwin, Adrienne) (Entered: 04/02/2024)

NOTICE OF APPEARANCE by Jennifer J. Corcoran on behalf of All Defendants (Corcoran, Jennifer) (Entered: 04/02/2024)

TEXT Minute Entry for Telephone Status Conference held on 4/2/2024 before U.S. District Judge Mae A. D'Agostino: Appearances by Christopher McArdle, Esq., Madeline Byrd, Esq., and Sharon Steinerman, Esq. for plaintiffs; Adrienne Kerwin, AAG and Jennifer Corcoran, AAG for defendants; Judge D'Agostino addresses counsel regarding the position of the plaintiff and the position of the defendants; Counsel for the Plaintiff and counsel for the defendant address the Court. Defense informs the Court that counsel only became aware of this case at Noon today and need time to speak to their clients. Judge D'Agostino schedules another telephone status conference for tomorrow, April 3, 2024 at 2:00 p.m. (Court Reporter Lisa Tennyson; CRD Britney Norton [Time 3:00 p.m. - 3:14 p.m.]) (ban)

Order

Telephone Conference

TEXT ORDER denying request to participate in conference. The Court has received a request from the media to participate in the 4:30 p.m. telephone conference between the parties and the Court. That request is DENIED. The 4:30 p.m. telephone conference has been scheduled to discuss the potential resolution of this case. "Few cases would ever be settled if the press or public were in attendance at a settlement conference or privy to settlement proposals. A settlement conference is an opportunity for the parties, with the court acting as an impartial mediator, to have a frank discussion about the value of avoiding a trial. During these colloquies the parties are often called upon to evaluate both the strengths and weaknesses of their respective cases." United States v. Glens Falls Newspapers, Inc., 160 F.3d 853, 858 (2d Cir. 1998). The need for a speedy and efficient resolution through settlement of this time sensitive matter far outweighs the negligible presumption of access to this conference. See id. Should the conference veer into areas not related to settlement discussions (such as scheduling of a hearing in this case), a link will be provided so that the media can join that portion of the conference. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 04/03/2024. (ban) (Entered: 04/03/2024)

DECLARATION OF OMER BAJWA re 3 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Jean Marc Desmart, David Haigh, Travis Hudson, Bruce Moses, Oscar Nunez, Jeremy Zielinski. Motion returnable before Judge Glenn T. Suddaby Declaration of Omer Bajwa filed by Jean Marc Desmart, David Haigh, Travis Hudson, Bruce Moses, Oscar Nunez, Jeremy Zielinski. (McArdle, Christopher) Modified on 4/3/2024 (ban). (Entered: 04/03/2024)

TEXT Minute Entry for Telephone Status/Settlement Conference held on 4/3/2024 before U.S. District Judge Mae A. D'Agostino: Appearances by Christopher McArdle, Esq. and Madeline Byrd, Esq. for the plaintiffs; Jennifer Corcoran, AAG and Adrienne Kerwin, AAG for the defendants; Counsel for the plaintiff and counsel for the defendant address the Court regarding the status of their settlement discussions. A further telephone conference is set for Thursday, April 4, 2024 at 9:00 a.m. (Court Reporter Jacqueline Stroffolino, CRD Britney Norton [Time 4:30 p.m. - 4:45 p.m.]) (ban)

TEXT Minute Entry for Telephone Status/Settlement Conference held on 4/4/2024 before U.S. District Judge Mae A. D'Agostino: Appearances by Christopher McArdle, Esq. and Madeline Byrd, Esq. for the plaintiffs; Jennifer Corcoran, AAG for the defendants; Judge D'Agostino addresses counsel regarding the status of their settlement discussions. A further telephone conference may be set. (Court Reporter Lisa Tennyson, CRD Britney [Time 9:00 a.m. - 9:08 a.m.]) (ban)

TEXT Minute Entry for Telephone Status/Settlement Conference held on 4/4/2024 before U.S. District Judge Mae A. D'Agostino: Appearances by Madeline Byrd, Esq. and Sharon Steinerman, Esq. for the plaintiffs; Jennifer Corcoran, AAG for the defendants; Judge D'Agostino addresses counsel regarding the status of their settlement discussions. A further telephone conference may be set. Defendants Response to 3 Motion for TRO/PI is due by 5:00 p.m. tonight, 4/4/24.(Court Reporter Lisa Tennyson, CRD Britney [Time 11:30 a.m. - 11:42 a.m.]) (ban)

TEXT Minute Entry for Telephone Status/Settlement Conference held on 4/4/2024 before U.S. District Judge Mae A. D'Agostino: Appearances by Christopher McArdle, Esq. and Madeline Byrd, Esq. for the plaintiffs; Jennifer Corcoran, AAG for the defendants; Judge D'Agostino addresses counsel regarding the status of their settlement discussions. The parties advised the Court that they have reached a settlement in this matter. (Court Reporter Lisa Tennyson, CRD Britney [Time 2:31 p.m. - 2:42 p.m.]) (ban)

Telephone Conference

NOTICE of Voluntary Dismissal by Jean Marc Desmart, David Haigh, Travis Hudson, Bruce Moses, Oscar Nunez, Jeremy Zielinski (McArdle, Christopher) (Entered: 04/04/2024)

Order Dismissing Case