Case: M.C. v. Jefferson County, New York

M.C. v. Jefferson County

COMPLAINT against Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson (Filing fee $402 receipt number ANYNDC-5822159) filed by M.C., T.G. (Attachments: # 1 Civil Cover Sheet)(gmd, ) (Main Document 1 replaced on 3/2/2022) (pjh, ). (Attachment 1 replaced on 3/2/2022) (pjh, ). (Entered: 03/02/2022)

MOTION to Certify Class filed by M.C., T.G.. Motion returnable before Judge Judge Andrew T. Baxter. Response to Motion due by 3/22/2022. Reply to Response to Motion due by 3/29/2022 (Attachments: # 1 Memorandum of Law, # 2 Declaration of Antony P.F. Gemmell in Support of Plaintiffs' Motion for Class Certification, # 3 Exhibit(s) A to the Declaration of Antony P.F. Gemmell, # 4 Declaration of M.C., # 5 Declaration of T.G., # 6 Declaration of Richard N. Rosenthal, M.D., # 7 Exhibit(s) A to Rosenthal Declaration, # 8 Exhibit(s) 1 to Rosenthal Declaration, # 9 Exhibit(s) 2 to Rosenthal Declaration, # 10 Exhibit(s) 3 to Rosenthal Declaration, # 11 Exhibit(s) 4 to Rosenthal Declaration, # 12 Exhibit(s) 5 to Rosenthal Declaration, # 13 Exhibit(s) 6 to Rosenthal Declaration, # 14 Exhibit(s) 7 to Rosenthal Declaration, # 15 Exhibit(s) 8 to Rosenthal Declaration, # 16 Exhibit(s) 9 to Rosenthal Declaration, # 17 Exhibit(s) 10 to Rosenthal Declaration, # 18 Exhibit(s) 11 to Rosenthal Declaration, # 19 Exhibit(s) 12 to Rosenthal Declaration, # 20 Exhibit(s) 13 to Rosenthal Declaration, # 21 Exhibit(s) 14 to Rosenthal Declaration, # 22 Exhibit(s) 15 to Rosenthal Declaration, # 23 Exhibit(s) 16 to Rosenthal Declaration, # 24 Exhibit(s) 17 to Rosenthal Declaration, # 25 Exhibit(s) 18 to Rosenthal Declaration, # 26 Exhibit(s) 19 to Rosenthal Declaration, # 27 Exhibit(s) 20 to Rosenthal Declaration, # 28 Exhibit(s) 21 to Rosenthal Declaration, # 29 Exhibit(s) 22 to Rosenthal Declaration, # 30 Exhibit(s) 23 to Rosenthal Declaration, # 31 Exhibit(s) 24 to Rosenthal Declaration, # 32 Exhibit(s) 25 to Rosenthal Declaration, # 33 Exhibit(s) 26 to Rosenthal Declaration, # 34 Exhibit(s) 27 to Rosenthal Declaration, # 35 Exhibit(s) 28 to Rosenthal Declaration, # 36 Exhibit(s) 29 to Rosenthal Declaration, # 37 Exhibit(s) 30 to Rosenthal Declaration, # 38 Exhibit(s) 31 to Rosenthal Declaration, # 39 Exhibit(s) 32 to Rosenthal Declaration, # 40 Exhibit(s) 33 to Rosenthal Declaration, # 41 Exhibit(s) 34 to Rosenthal Declaration, # 42 Exhibit(s) 35 to Rosenthal Declaration, # 43 Exhibit(s) 36 to Rosenthal Declaration, # 44 Exhibit(s) 37 to Rosenthal Declaration, # 45 Exhibit(s) 38 to Rosenthal Declaration, # 46 Exhibit(s) 39 to Rosenthal Declaration, # 47 Exhibit(s) 40 to Rosenthal Declaration) (gmd, ) (Main Document 2 replaced on 3/2/2022) (pjh, ). (Attachment 1 replaced on 3/2/2022) (pjh, ). (Attachment 2 replaced on 3/2/2022) (pjh, ). (Attachment 4 replaced on 3/2/2022) (pjh, ). (Attachment 5 replaced on 3/2/2022) (pjh, ). (Attachment 6 replaced on 3/2/2022) (pjh, ). (Entered: 03/02/2022)

Summons Issued as to Jefferson County, and # 1 Brian R. McDermott, # 2 Colleen M. O'Neill, # 3 Mark Wilson.(gmd, ) (Main Document 3 replaced on 3/2/2022) (pjh, ). (Attachment 1 replaced on 3/2/2022) (pjh, ). (Attachment 2 replaced on 3/2/2022) (pjh, ). (Attachment 3 replaced on 3/2/2022) (pjh, ). (Entered: 03/02/2022)

Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. Hurd, Emergency MOTION for Temporary Restraining Order for Plaintiff M.C. by M.C.. (Attachments: # 1 Memorandum of Law in support of Plaintiff M.C.'s Order to Show Cause for a Temporary Restraining Order and a Preliminary Injunction)(Gemmell, Antony) (Entered: 03/02/2022)

TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 5:21-cv-00388-DNH-ML. (gmd, )

AFFIDAVIT in Support re 4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. HurdEmergency MOTION for Temporary Restraining Order for Plaintiff M.C. Declaration of Antony P.F. Gemmell in Support of Temporary Restraining Order filed by M.C.. (Attachments: # 1 Exhibit(s) A, # 2 B)(Gemmell, Antony) (Entered: 03/02/2022)

AFFIDAVIT in Support re 4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. HurdEmergency MOTION for Temporary Restraining Order for Plaintiff M.C. Declaration of Daniel Pisaniello, M.D. filed by M.C.. (Gemmell, Antony) (Entered: 03/02/2022)

AFFIDAVIT in Support re 4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. HurdEmergency MOTION for Temporary Restraining Order for Plaintiff M.C. Declaration of Edmond Hayes filed by M.C.. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3)(Gemmell, Antony) (Entered: 03/02/2022)

AFFIDAVIT in Support re 4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. HurdEmergency MOTION for Temporary Restraining Order for Plaintiff M.C. Declaration of M.S.C. filed by M.C.. (Gemmell, Antony) (Entered: 03/02/2022)

AFFIDAVIT in Support re 4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. HurdEmergency MOTION for Temporary Restraining Order for Plaintiff M.C. Declaration of R.G. filed by M.C.. (Gemmell, Antony) (Entered: 03/02/2022)

AFFIDAVIT in Support re 4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. HurdEmergency MOTION for Temporary Restraining Order for Plaintiff M.C. Declaration of S.G. filed by M.C.. (Gemmell, Antony) (Entered: 03/02/2022)

Letter Motion from Antony Gemmell for M.C. submitted to Judge David N. Hurd Updating the Court on the Status of Plaintiff M.C.'s Incarceration in Defendants' Custody. (Gemmell, Antony) (Entered: 03/02/2022)

TEXT ORDER REASSIGNING CASE. Due to related case #5:21-cv-388, this case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. US Magistrate Judge Andrew T. Baxter no longer assigned to case. SO ORDERED by Chief Judge Glenn T. Suddaby on 3/2/22. (lmw) (Entered: 03/02/2022)

TEXT ORDER: Granting Notice pursuant to General Order #12 of Potential Related Case for Direct Assignment. The cases are deemed related. So Ordered by Judge David N. Hurd on 3/2/2022. (ptm) (Entered: 03/02/2022)

CLERK'S CORRECTION OF DOCKET ENTRY: The # 1 Complaint, the # 2 Motion to Certify Class and the # 3 Summons Issued have been replaced to reflect that Judge Lovric is the Magistrate Judge on this case. Service of these documents will be regenerated. (pjh, )

G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 6/1/2022 01:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/25/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (gmd, ) (Entered: 03/02/2022)

NOTICE OF ADMISSION REQUIREMENT as to Party M.C. and T.G.; Attorney Gabriella M. Larios, Esq., Email address is 212-607-3300. Clerk mailed out notice on 3/2/22. Admissions due by 3/16/2022. (gmd, ) (Entered: 03/02/2022)

ORDER granting # 4 Motion for TRO for Plaintiff M.C. Plaintiffs shall serve defendants with this Order, together with the papers upon which it is granted, on or before March 4, 2022; Show Cause Hearing set for 3/15/2022 01:00 PM in Utica before Judge David N. Hurd. Motion Response Papers due by 3/10/2022. No Reply is permitted. Signed by Judge David N. Hurd on March 2nd, 2022. (gmd, )

Notice of Potential Related Case for Judicial Review

Order Reassigning Case

Order on Notice of Potential Related Case

AFFIDAVIT of Service for Temporary Restraining Order and Supporting Papers served on Defendants, filed by M.C.. (Gemmell, Antony) (Entered: 03/07/2022)

AFFIDAVIT of Service for Summons; Complaint; M.C. Declaration; Declaration Of Richard N. Rosenthal, M.D.; T.G. Declaration; S.G. Declaration; R.G. Declaration; Order; Declaration Of Edmond Hayes; M.S.C. Declaration; Declaration Of Antony P.F. Gemmell In Support Of Temporary Restraining Order; Declaration Of Daniel Pisaniello, M. D.; Order To Show Cause For Temporary Restraining Order And Preliminary Injunction; Memorandum Of Law In Support Of Plaintiff M.C.'S Order To Show Cause For Temporary Restraining Order And A Preliminary Injunction served on Brian R. McDermott on March 7, 2022, filed by M.C., T.G.. (Gemmell, Antony) (Entered: 03/11/2022)

AFFIDAVIT of Service for Summons; Complaint; M.C. Declaration; Declaration Of Richard N. Rosenthal, M.D.; T.G. Declaration; S.G. Declaration; R.G. Declaration; Order; Declaration Of Edmond Hayes; M.S.C. Declaration; Declaration Of Antony P.F. Gemmell In Support Of Temporary Restraining Order; Declaration Of Daniel Pisaniello, M. D.; Order To Show Cause For Temporary Restraining Order And Preliminary Injunction; Memorandum Of Law In Support Of Plaintiff M.C.'S Order To Show Cause For Temporary Restraining Order And A Preliminary Injunction served on Jefferson County, New York on March 7, 2022, filed by M.C., T.G.. (Gemmell, Antony) (Entered: 03/11/2022)

AFFIDAVIT of Service for Summons; Complaint; M.C. Declaration; Declaration Of Richard N. Rosenthal, M.D.; T.G. Declaration; S.G. Declaration; R.G. Declaration; Order; Declaration Of Edmond Hayes; M.S.C. Declaration; Declaration Of Antony P.F. Gemmell In Support Of Temporary Restraining Order; Declaration Of Daniel Pisaniello, M. D.; Order To Show Cause For Temporary Restraining Order And Preliminary Injunction; Memorandum Of Law In Support Of Plaintiff M.C.'S Order To Show Cause For Temporary Restraining Order And A Preliminary Injunction served on Mark Wilson on March 7, 2022, filed by M.C., T.G.. (Gemmell, Antony) (Entered: 03/11/2022)

AFFIDAVIT of Service for Summons; Complaint; M.C. Declaration; Declaration Of Richard N. Rosenthal, M.D.; T.G. Declaration; S.G. Declaration; R.G. Declaration; Order; Declaration Of Edmond Hayes; M.S.C. Declaration; Declaration Of Antony P.F. Gemmell In Support Of Temporary Restraining Order; Declaration Of Daniel Pisaniello, M. D.; Order To Show Cause For Temporary Restraining Order And Preliminary Injunction; Memorandum Of Law In Support Of Plaintiff M.C.'S Order To Show Cause For Temporary Restraining Order And A Preliminary Injunction served on Colleen M. O'Neill on March 7, 2022, filed by M.C., T.G.. (Gemmell, Antony) (Entered: 03/11/2022)

***Answer due date updated for Jefferson County, New York; Brian R. McDermott; Colleen M. O'Neill; and Mark Wilson answers due 3/28/2022. (pjh, )

TEXT ORDER ADJOURNING HEARING ON MOTION FOR PRELIMINARY INJUNCTION : Pursuant to the verbal Order of the Hon. David N. Hurd the 4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. is adjourned. The temporary restraining Order enter by this Court on March 2, 2022 at Dkt. No. 16 remains in full force and effect until the Oral argument as to 4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. which shall now be heard on Tuesday, March 29, 2022 at 1:00PM in USDC / Utica, NY. Appearances required in Court in Utica. Please adjust your calendars accordingly. So Ordered by Judge David N. Hurd on 3/14/2022. (ptm) Modified on 3/15/2022 (ptm). (Entered: 03/14/2022)

MOTION for Preliminary Injunction Letter Response filed by Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson. Motion returnable before Judge David N. Hurd by Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson.(Bennett, Teresa) (Entered: 03/14/2022)

Letter Motion from Antony P.F. Gemmell for M.C. requesting Entry of Preliminary Injunction submitted to Judge David N. Hurd . (Gemmell, Antony) (Entered: 03/15/2022)

NOTICE of Appearance by Gabriella Larios on behalf of M.C., T.G. (Larios, Gabriella) (Entered: 03/15/2022)

Mail Returned as Undeliverable. sent to Gabriella M. Larios Address sent to 125 Broad Street, 19th Floor NY, NY 10004. Return to Sender, Refused, Unable to Forward. (gmd, ) (Entered: 03/17/2022)

Letter Motion from Defendants for Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson requesting Adjournment of Deadline to Respond to Plaintiff's Motion for Class Certification submitted to Judge Hurd and Lovric . (Bennett, Teresa) (Entered: 03/21/2022)

TEXT ORDER granting 27 Letter Motion from Defendants for Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson requesting 30 day Adjournment of Deadline to Respond to Plaintiff's Motion for Class Certification. Per the Verbal Order of the Honorable U.S. District Court Judge David N. Hurd on 3/22/2022.RE: 2 MOTION to Certify Class filed by M.C., T.G. Motion returnable before Judge David N. Hurd. Response to Motion due by 4/22/2022. Reply to Response to Motion due by 4/29/2022 (hmr) Modified on 3/22/2022 (hmr). (Entered: 03/22/2022)

CLERK'S CORRECTION OF DOCKET ENTRY re 28 Text Order on Letter Request: Clerk added "Text" before Order to this docket entry. (hmr)

Order on Letter Request

Joint Letter Motion from Antony Gemmell for M.C. submitted to Judge David N. Hurd concerning the parties' proposed consent order granting Plaintiff M.C.'s request for a preliminary injunction. (Attachments: # 1 Proposed Order/Judgment Granting Plaintiff M.C.'s Request for a Preliminary Injunction)(Gemmell, Antony) (Entered: 03/25/2022)

MEMORANDUM-DECISION and ORDER: it is ORDERED that Plaintiffs motion for a preliminary injunction is GRANTED; Defendants are PRELIMINARILY ENJOINED to: Provide Plaintiff with his daily prescribed methadone treatment during his period of incarceration in defendants custody in a way deemed appropriate in light of security needs, such as by: transporting plaintiff for a prescribed methadone treatment to Credo on Mondays through Saturdays; and transporting plaintiff to Crouse Hospital on any day that Credo is not open; Continue to provide plaintiff with his daily prescribed methadone treatment unless or until his methadone treatment providers at Credo, Crouse Hospital, or any other treatment provider through which plaintiff receives methadone treatment under this Order determines that such treatment shall be terminated; Sufficient reason having been shown therefor, the security requirement of Federal Rule of Civil Procedure 65(c) is waived. Signed by Judge David N. Hurd on March 29, 2022. (gmd, ) (Entered: 03/29/2022)

MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd Response to Motion due by 4/27/2022. Reply to Response to Motion due by 5/4/2022 (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction, # 2 Proposed Order/Judgment) (Gemmell, Antony) (Entered: 04/06/2022)

AFFIDAVIT in Support re 31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony) (Entered: 04/06/2022)

AFFIDAVIT in Support re 31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony) (Entered: 04/06/2022)

AFFIDAVIT in Support re 31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony) (Entered: 04/06/2022)

AFFIDAVIT in Support re 31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony) (Entered: 04/06/2022)

AFFIDAVIT in Support re 31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony) (Entered: 04/06/2022)

AFFIDAVIT in Support re 31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony) (Entered: 04/06/2022)

AFFIDAVIT in Support re 31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony) (Entered: 04/06/2022)

AFFIDAVIT in Support re 31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Attachments: # 1 Exhibit(s) A to Gemmell Declaration, # 2 Exhibit(s) B to Gemmell Declaration, # 3 Exhibit(s) C to Gemmell Declaration, # 4 Exhibit(s) D to Gemmell Declaration, # 5 Exhibit(s) E to Gemmell Declaration)(Gemmell, Antony) (Entered: 04/06/2022)

Consent MOTION for Leave to File Under Seal filed by M.C., T.G.. Response to Motion due by 4/27/2022 (Attachments: # 1 Memorandum of Law, # 2 Proposed Order/Judgment, # 3 Declaration of Terry Ding) Motions referred to Miroslav Lovric. (Gemmell, Antony) (Entered: 04/06/2022)

1 Memorandum of Law

View on RECAP

2 Proposed Order/Judgment

View on PACER

3 Declaration of Terry Ding

View on PACER

ANSWER to 1 Complaint, by Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson.(Bennett, Teresa) (Entered: 04/07/2022)

NOTICE of Appearance by Teresa M. Bennett on behalf of All Defendants (Bennett, Teresa) (Entered: 04/07/2022)

NOTICE of Appearance by Kayla A. Arias on behalf of All Defendants (Arias, Kayla) (Entered: 04/07/2022)

TEXT ORDER SETTING HEARING ON MOTIONS TO CERTIFY CLASS AND FOR PRELIMINARY INJUNCTION: Pursuant to the verbal Order of the Hon. David N. Hurd the Oral argument as to 2 MOTION to Certify Class filed by M.C., T.G.. Motion and the 31 MOTION for Preliminary Injunction filed by M.C., T.G. shall now be heard on Tuesday, May 10, 2022 at 11:00AM in USDC / Utica, NY. Appearances required in Court in Utica. Please adjust your calendars accordingly. So Ordered by Judge David N. Hurd on 4/12/2022. (ptm)

ORDER granting 40 Motion for Leave to File under Seal: it is ORDERED that Pursuant to Local Rule 5.3, plaintiffs consent motion to seal the names of all current and former members of the putative class is GRANTED; The parties shall refer to plaintiffs and current and former members of the putative class by pseudonyms, including in all filings and at all public hearings, for the duration of this action or until further order of the Court; Defendants are prohibited from publicly disclosing the identities of plaintiffs or any current or former member of the putative class, except to persons or entities directly associated with this litigation for the purpose of investigating the allegations in the Class Action Complaint and for preparing an answer or other dispositive motion in response. Signed by Judge David N. Hurd on April 13, 2022. (gmd, ) (Entered: 04/13/2022)

MEMORANDUM OF LAW re 2 Motion to Certify Class,,,,,,,,,, Opposition filed by Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson. (Attachments: # 1 Affidavit Let. Mark Wilson, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Declaration Teresa Bennett, Esq., # 5 Certificate of Service)(Arias, Kayla) (Entered: 04/22/2022)

MEMORANDUM OF LAW re 31 Motion for Preliminary Injunction, In Opposition filed by Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson. (Attachments: # 1 Declaration Teresa Bennett, Esq., # 2 Mark Wilson)(Bennett, Teresa) (Entered: 04/27/2022)

REPLY to Response to Motion re 2 MOTION to Certify Class filed by M.C., T.G.. Motion returnable before Judge Judge Daniel N. Hurd filed by M.C., T.G.. (Ding, Terry) (Entered: 04/29/2022)

AFFIDAVIT in Support re 2 MOTION to Certify Class filed by M.C., T.G.. Motion returnable before Judge Judge Daniel N. Hurd Second Supplemental Declaration of Richard Rosenthal, MD filed by M.C., T.G.. (Ding, Terry) (Entered: 04/29/2022)

AFFIDAVIT in Support re 2 MOTION to Certify Class filed by M.C., T.G.. Motion returnable before Judge Judge Daniel N. Hurd Supplemental Declaration of T.G. filed by M.C., T.G.. (Ding, Terry) (Entered: 04/29/2022)

AFFIDAVIT in Support re 2 MOTION to Certify Class filed by M.C., T.G.. Motion returnable before Judge Judge Daniel N. Hurd Declaration of T.P. filed by M.C., T.G.. (Ding, Terry) (Entered: 04/29/2022)

TEXT NOTICE: Initial Conference set for 6/1/2022 at 1:30 PM is RESCHEDULED for 6/7/2022 at 3:00 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/31/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdp )

REPLY to Response to Motion re 31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony) (Entered: 05/04/2022)

AFFIDAVIT Supplemental Declaration of R.D. by M.C., T.G.. (Gemmell, Antony) (Entered: 05/04/2022)

TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Argument held on 5/10/2022. Judge Hurd hears argument by counsel as to 2 MOTION to Certify Class filed by M.C. andT.G. and 23 MOTION for Preliminary Injunction Letter Response filed by Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson and RESERVES DECISION written opinion to follow. Appearances: Antony P. F. Gemmel, Esq., and Terry Ding, Esq., for plaintiffs M.C. and T. G.; Teresa Bennett, Esq. for Defendants Jefferson County, New York, Colleen M. O'Neill As the Sheriff of Jefferson County, New York, Brian R. McDermott As the Undersheriff of Jefferson County, Mark Wilson As the Facility Administrator of Jefferson County Correctional Facility. (Court Reporter Lisa Mazzei) (ptm)

MEMORANDUM-DECISION and ORDER granting Dkt. # 31 Motion for Preliminary Injunction; and granting Dkt. # 2 Motion to Certify Class: plaintiffs motion for class certification is GRANTED. Plaintiffs claims are certified as a class action on behalf of a class defined as: all non-pregnant individuals who are or will be detained at the Jefferson County Correctional Facility and had or will have prescriptions for agonist medication for opioid use disorder at the time of entry into defendants custo dy, as well as two subclasses, one each for class members subject to pretrial and postconviction custody, respectively. Named plaintiffs M.C. and T.G. are appointed as class representatives and the New York Civil Liberties Union Foundation is appoint ed as class counsel. In addition, plaintiffs motion for a preliminary injunction on behalf of the class is GRANTED. Pending a final decision on the merits of this action, it is ORDERED that defendants are immediately PRELIMINARILY ENJOINED to provide plaintiffs and the now-certified class with agonist medication for opioid use disorder during their detention in defendants custody in accordance with the requirements set forth in New York Correction Law § 626. See Ex. A. The bond requirement is waived. It is SO ORDERED. Signed by Judge David N. Hurd on May 16, 2022.(gmd, )

TRANSCRIPT REQUEST by M.C., T.G. for proceedings held on May 10, 2022 before Judge David N. Hurd.. (Ding, Terry) (Entered: 05/25/2022)

CIVIL CASE MANAGEMENT PLAN by M.C., T.G.. (Ding, Terry) (Entered: 05/31/2022)

Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 6/7/2022. Pretrial deadlines were discussed and set. A telephone conference is scheduled for 9/22/2022 at 10:00 AM. Appearances: A. Gemmell, Esq. for the Plaintiffs and T. Bennett, Esq. and K. Arias, Esq. for the Defendants. [time: 3:00 PM - 3:20 PM] (jdp )

TEXT ORDER: On or before 8/22/2022, all parties shall file status reports regarding the progress of the litigation. A telephone conference is scheduled for 9/22/2022 at 10:00 a.m. SO ORDERED by Magistrate Judge Miroslav Lovric on 6/7/2022.(jdp ) (Entered: 06/07/2022)

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5. Preferred Trial Location: Syracuse. Joinder of Parties due by 1/8/2023. Amended Pleadings due by 1/8/2023. Discovery due by 3/7/2023. Plaintiffs Expert Disclosure Deadline is 12/7/2022. Defendants Expert Disclosure Deadline is 1/23/2023. Rebuttal Expert Disclosure Deadline is 2/6/2023. Motions to be filed by 5/8/2023. Status Report due by 8/22/2022.Signed by Magistrate Judge Miroslav Lovric on 6/7/2022. (jdp ) (Entered: 06/07/2022)

ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 7/5/2022. Deadline for completion of Mandatory Mediation is 8/19/2022. Signed by Magistrate Judge Miroslav Lovric on 6/7/2022. (jdp ) (Entered: 06/07/2022)

~Util - Set Deadlines AND Order

Consent Letter Motion from Antony Gemmell for M.C., T.G. requesting Extension of the Parties' Time to Serve Initial Discovery Demands submitted to Judge Miroslav Lovric . (Gemmell, Antony) (Entered: 07/01/2022)

STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that James E. Hacker has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Antony Gemmell, Terry Ding, Gabriella Larios, Molly Biklen and Teresa Bennett, Kayla Arias. Dated: 7/5/2022(Ding, Terry) (Entered: 07/05/2022)

ORDER granting 59 Letter Request. Initial Written Discovery Demands are now due to be served on or before July 29, 2022. Signed by Magistrate Judge Miroslav Lovric on 7/6/2022. (jdp ) (Entered: 07/06/2022)

TRANSCRIPT of Proceedings: Arguments on Class Certification and Preliminary Injunction held on 05/10/2022 before Judge David N. Hurd, Court Reporter/Transcriber: Lisa M. Mazzei, Telephone number: (315) 266-1176. 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/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2022. Redacted Transcript Deadline set for 8/11/2022. Release of Transcript Restriction set for 10/11/2022. Notice of Intent to Redact due by 7/18/2022 (Mazzei, Lisa) (Entered: 07/11/2022)

Letter Request/Motion

Order on Letter Request

Letter Request/Motion

Order on Letter Request

Letter Request/Motion

Order on Letter Request

~Util - Set Deadlines AND Order

Consent Letter Motion from Terry Ding for M.C., T.G. requesting Entry of Protective Order submitted to Judge Lovric . (Attachments: # 1 Proposed Order/Judgment Proposed Protective Order)(Ding, Terry) (Entered: 10/25/2022)

ORDER granting 80 Letter Request for Protective Order. Signed by Magistrate Judge Miroslav Lovric on 10/26/2022. (jdp ) (Entered: 10/26/2022)

STATUS REPORT and Consent Request to Enlargement of Litigation Deadlines by M.C., T.G.. (Gemmell, Antony) (Entered: 11/07/2022)

TEXT ORDER: The parties are directed to file next status reports by 1/19/2023. The joint request in status report 82 is GRANTED insofar as and to the extent that the deadlines and schedules are extended as follows: (1) Plaintiffs expert reports are due by 3/8/2023; (2) any motion to Amend pleadings is due by 4/6/2023; (3) any motion for Joinder of parties is due by 4/6/2023; (4) Defendants expert reports are due by 4/24/2023; (5) any Rebuttal expert reports are due by 5/8/2023; (6) completion of all discovery, including merits, class, and all depositions, is due by 6/5/2023; and (7) all Dispositive motions shall be filed by 8/7/2023. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/8/2022. (jdp ) (Entered: 11/08/2022)

Stipulated Letter Motion from Gabriella Larios for M.C., T.G. requesting Extension of the Preliminary Injunction submitted to Judge David N. Hurd . (Attachments: # 1 Stipulation and Proposed Order)(Larios, Gabriella) (Entered: 11/08/2022)

AFFIDAVIT in Support re 84 Stipulated Letter Motion from Gabriella Larios for M.C., T.G. requesting Extension of the Preliminary Injunction submitted to Judge David N. Hurd Declaration of Gabriella Larios filed by M.C., T.G.. (Larios, Gabriella) (Entered: 11/08/2022)

AFFIDAVIT in Support re 84 Stipulated Letter Motion from Gabriella Larios for M.C., T.G. requesting Extension of the Preliminary Injunction submitted to Judge David N. Hurd Declaration of M.A.C. filed by M.C., T.G.. (Larios, Gabriella) (Entered: 11/08/2022)

AFFIDAVIT in Support re 84 Stipulated Letter Motion from Gabriella Larios for M.C., T.G. requesting Extension of the Preliminary Injunction submitted to Judge David N. Hurd Declaration of M.J.B. filed by M.C., T.G.. (Larios, Gabriella) (Entered: 11/08/2022)

AFFIDAVIT in Support re 84 Stipulated Letter Motion from Gabriella Larios for M.C., T.G. requesting Extension of the Preliminary Injunction submitted to Judge David N. Hurd Declaration of D.W. filed by M.C., T.G.. (Larios, Gabriella) (Entered: 11/08/2022)

~Util - Set Deadlines AND Order

ORDER: In accordance with Rule 65 of the Federal Rules of Civil Procedure, and consistent with the requirements of 18 U.S.C. § 3626(a)(1), Plaintiffs request Dkt. # 84 to extend the May 16, 2022 preliminary injunction is GRANTED; The PI Order is EXTENDED pending final resolution of this action; This Order is without prejudice to Defendants ability to seek relief under Rule 60 of the Federal Rules of Civil Procedure or 18 U.S.C. § 3626(b); and The security requirement of Rule 65(c) of the Federal Rules of Civil Procedure remains WAIVED. IT IS SO ORDERED. Signed by Judge David N. Hurd on 11/10/22. (gmd) (Entered: 11/10/2022)

~Util - Set Deadlines AND Order

Letter Motion from Antony P.F. Gemmell for M.C., T.G. requesting Enlargement of Time to File Plaintiffs' Expert Report submitted to Judge Miroslav Lovric . (Gemmell, Antony) (Entered: 03/07/2023)

TEXT ORDER: For good cause shown, Letter Motion 93 is GRANTED insofar as and to the extent that the deadlines and schedules are extended as follows: (1) Plaintiffs expert reports are due by 5/5/2023; (2) Defendants expert reports are due by 6/20/2023; (3) any Rebuttal expert reports are due by 7/20/2023; (4) completion of all discovery, including merits, class, and all depositions, is due by 8/21/2023; and (5) all Dispositive motions shall be filed by 10/2/2023. All other deadlines and schedules as set forth in Text Orders [83, 92] remain in effect. The parties are advised that these extended deadlines will not be extended any further without good cause. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/8/2023. (jdp ) (Entered: 03/08/2023)

Order on Letter Request

Order on Letter Request AND Order on Letter Request

NOTICE OF APPEARANCE by Mitchell J. Katz on behalf of All Defendants (Katz, Mitchell) (Entered: 03/21/2023)

Consent Letter Motion from Antony P.F. Gemmell for M.C., T.G. requesting Enlargement of Time to File Plaintiffs' Expert Reports submitted to Judge Miroslav Lovric . (Gemmell, Antony) (Entered: 04/28/2023)