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

COMPLAINT WITH JURY DEMAND against Anthony J. Annucci, New York State Department of Corrections and Community Supervision (Filing fee $402 receipt number ANYNDC-5335406) filed by Jonas Caballero. (Attachments: # 1 Civil Cover Sheet)(meb) (Entered: 12/02/2020)

Summons Issued as to New York State Department of Corrections and Community Supervision. (Attachments: # 1 Summons issued as to Annucci)(meb) (Entered: 12/02/2020)

G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 3/15/2021 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 3/8/2021. (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: 12/02/2020)

NOTICE of Admission Requirement as to Party Jonas Caballero; Attorney Alison Frick. Phone number is (212) 660-2332. Admissions due by 12/16/2020. (Copy sent via regular mail)(meb) (Entered: 12/02/2020)

SUMMONS Returned Executed by Jonas Caballero. Anthony J. Annucci served on 12/4/2020, answer due 12/28/2020. (Lieb, Douglas) (Entered: 12/08/2020)

SUMMONS Returned Executed by Jonas Caballero. New York State Department of Corrections and Community Supervision served on 12/4/2020, answer due 12/28/2020. (Lieb, Douglas) (Entered: 12/08/2020)

NOTICE of Appearance by Alison E Frick on behalf of Jonas Caballero (Frick, Alison) (Entered: 12/09/2020)

Letter Motion from AAG Denise Buckley for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting an extension to February 9, 2021 to respond to the Complaint submitted to Judge Christian F. Hummel . (Buckley, Denise) (Entered: 12/24/2020)

TEXT ORDER RE 8 Letter Request: Defendants' request for an extension of time to file an answer to the complaint is GRANTED. Anthony J. Annucci answer due 2/9/2021; New York State Department of Corrections and Community Supervision answer due 2/9/2021. Authorized by Magistrate Judge Christian F. Hummel on 12/29/2020. (meb) (Entered: 12/29/2020)

Order on Letter Request

Letter Motion from AAG Denise P. Buckley for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting an extension to March 2, 2021 for defendants' response to the Complaint whether by Answer or pre-Answer motion to dismiss submitted to Judge Christian F. Hummel . (Buckley, Denise) (Entered: 02/04/2021)

RESPONSE in Opposition re 10 Letter Motion from AAG Denise P. Buckley for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting an extension to March 2, 2021 for defendants' response to the Complaint whether by Answer or filed by Jonas Caballero. (Frick, Alison) (Entered: 02/05/2021)

Letter Reply re: 10 Letter Request from AAG Denise P. Buckley for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting an extension to March 2, 2021 for Defendants' response to the Complaint submitted to Judge Christian F. Hummel . (Buckley, Denise) Modified on 2/5/2021 - to clarify docket text (rep). (Entered: 02/05/2021)

TEXT ORDER granting 10 Letter Request to extend answer deadline. Anthony J. Annucci answer due 3/2/2021; New York State Department of Corrections and Community Supervision answer due 3/2/2021. No further deadline extensions will be granted. Authorized by Magistrate Judge Christian F. Hummel on 2/8/2021. (tab) (Entered: 02/08/2021)

Order on Letter Request

MOTION to Dismiss filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision. Motion returnable before Judge David N. Hurd, MOTION to Dismiss for Failure to State a Claim filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision. Motion returnable before Judge David N. Hurd Response to Motion due by 3/23/2021. Reply to Response to Motion due by 3/30/2021 (Attachments: # 1 Memorandum of Law in support of Defendants' motion to dismiss the Complaint pursuant to FRCP 12(b)(1) and 12(b)(6)) (Buckley, Denise) (Entered: 03/02/2021)

Letter Motion from AAG Denise P. Buckley for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting to postpone the Initial Conference and stay discovery pending determination of Defendants' motion (Dkt. No. 14) to dismiss the Complaint submitted to Judge Christian F. Hummel . (Buckley, Denise) (Entered: 03/03/2021)

RESPONSE TO LETTER BRIEF filed by Jonas Caballero as to 15 Letter Request/Motion, filed by Anthony J. Annucci, New York State Department of Corrections and Community Supervision in Opposition to Postponement. (Lieb, Douglas) (Entered: 03/03/2021)

TEXT ORDER granting 15 Letter Request: The Rule 16 Initial Conference scheduled for 3/15/2021 at 9:00 AM 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. Authorized by Magistrate Judge Christian F. Hummel on 3/4/2021. (tab) (Entered: 03/04/2021)

Order on Letter Request

AMENDED COMPLAINT against New York State Department of Corrections and Community Supervision filed by Jonas Caballero.(Lieb, Douglas) (Entered: 03/15/2021)

TEXT ORDER denying without prejudice the 14 Motion to Dismiss in light of the 18 Amended Complaint that Plaintiff filed as of right. So Ordered by Judge David N. Hurd on 3/16/2021. (see) (Entered: 03/16/2021)

***Answer due date updated for New York State Department of Corrections and Community Supervision answer due 3/29/2021. (meb)

NOTICE of Conference: The Initial Conference is reset for Monday, 4/26/2021 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/19/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (tab) (Entered: 03/16/2021)

Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss

Order on Motion to Dismiss AND Order on Motion to Dismiss for Failure to State a Claim

MOTION to Dismiss filed by New York State Department of Corrections and Community Supervision. Motion returnable before Judge David N. Hurd Response to Motion due by 4/19/2021. Reply to Response to Motion due by 4/26/2021 (Attachments: # 1 Memorandum of Law) (Buckley, Denise) (Entered: 03/29/2021)

Letter Motion from AAG Denise P. Buckley for New York State Department of Corrections and Community Supervision requesting to postpone the Initial Conference and deadline for Mandatory Disclosures pending determination of Defendant's motion to dismiss the Amended Complaint submitted to Judge Christian F. Hummel . (Buckley, Denise) (Entered: 04/08/2021)

TEXT ORDER granting 22 Letter Request. The Rule 16 Initial Conference scheduled for 4/26/2021 at 10:00 AM 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. Authorized by Magistrate Judge Christian F. Hummel on 4/12/2021. (tab) (Entered: 04/12/2021)

Order on Letter Request

RESPONSE in Opposition re 21 MOTION to Dismiss filed by New York State Department of Corrections and Community Supervision. Motion returnable before Judge David N. Hurd filed by Jonas Caballero. (Frick, Alison) (Entered: 04/19/2021)

RESPONSE in Support re 21 MOTION to Dismiss filed by New York State Department of Corrections and Community Supervision. Motion returnable before Judge David N. Hurd filed by New York State Department of Corrections and Community Supervision. (Buckley, Denise) (Entered: 04/26/2021)

MEMORANDUM-DECISION AND ORDER: It is ORDERED that Defendant the New York State Department of Corrections and Community Supervision's motion to dismiss is DENIED; and Defendant shall file and serve an answer to the First Amended Complaint on or before June 10, 2021. Signed by Judge David N. Hurd on 5/20/2021. (meb) (Entered: 05/20/2021)

***Answer due date updated for New York State Department of Corrections and Community Supervision answer due 6/10/2021. (meb)

ANSWER to 18 Amended Complaint by New York State Department of Corrections and Community Supervision.(Buckley, Denise) (Main Document 27 replaced on 6/11/2021) (nas, ). (Entered: 06/10/2021)

CLERK'S CORRECTION OF DOCKET ENTRY re 27 Answer to Amended Complaint. Image replaced as incorrect document was previously uploaded. (nas, )

CIVIL CASE MANAGEMENT PLAN (Jointly Proposed by Parties) by Jonas Caballero. (Lieb, Douglas) (Entered: 06/11/2021)

COURT NOTICE of Conference: The Rule 16 Initial Conference has been set for Wednesday, 6/23/2021 @ 10:00 AM before Magistrate Judge Christian F. Hummel. The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab) (Entered: 06/14/2021)

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 6/23/2021. Appearances by Alison Frick, Esq. and Adam Strychaluk, Esq. for Plaintiff; AAG Denise P. Buckley, for the Defendants. Pretrial deadlines are established and a scheduling Order will be issued. (tab)

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3 days (Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 12/1/2021. Amended Pleadings due by 12/1/2021. Discovery due by 4/1/2022. Motions to be filed by 6/1/2022. Status Report due by 11/29/2021. Signed by Magistrate Judge Christian F. Hummel on 6/23/2021. (tab) (Entered: 06/23/2021)

Letter Motion from Douglas E. Lieb for Jonas Caballero requesting Entry of Confidentiality Order submitted to Judge Christian F. Hummel . (Attachments: # 1 Proposed Order/Judgment Proposed Confidentiality Order)(Lieb, Douglas) (Entered: 08/10/2021)

RESPONSE TO LETTER BRIEF filed by New York State Department of Corrections and Community Supervision as to 31 Letter Request/Motion filed by Jonas Caballero . (Buckley, Denise) (Entered: 08/11/2021)

STATUS REPORT ORDER: Parties are directed to file a status report (either separately or jointly) regarding the Proposed Confidentiality Order. [ Status Report due by 8/27/2021]. Authorized by Magistrate Judge Christian F. Hummel on 8/20/2021. (tab) (Entered: 08/20/2021)

Status Report Order

NOTICE of Appearance by Adam I. Strychaluk on behalf of Jonas Caballero (Strychaluk, Adam) (Entered: 08/23/2021)

STATUS REPORT and proposed protective order by Jonas Caballero. (Attachments: # 1 Exhibit(s) Proposed Protective Order)(Strychaluk, Adam) (Entered: 08/23/2021)

PROTECTIVE ORDER. Signed by Magistrate Judge Christian F. Hummel on 8/24/2021. [Motions terminated: 31 Letter Motion from Douglas E. Lieb for Jonas Caballero requesting Entry of Confidentiality Order ](tab) (Entered: 08/24/2021)

Pre-Motion Letter by Jonas Caballero requesting a pre-motion conference submitted to Judge D'Agostino. (Strychaluk, Adam) (Entered: 08/30/2021)

TEXT ORDER granting 37 Letter request for a Pre-Motion Conference : Defendant is directed to file a response to Dkt. no. 37 on or before 9/13/2021. An In Person Discovery Hearing has been set for Friday, 9/17/2021 @ 10:30 AM in Albany. Authorized by Magistrate Judge Christian F. Hummel on 8/31/2021. (tab) (Entered: 08/31/2021)

Order on Letter Request

RESPONSE TO LETTER BRIEF filed by New York State Department of Corrections and Community Supervision as to 38 Order on Letter Request, . (Buckley, Denise) (Entered: 09/10/2021)

NOTICE of Appearance by Steve Nguyen on behalf of New York State Department of Corrections and Community Supervision (Nguyen, Steve) (Entered: 09/13/2021)

Consent Letter Motion from Douglas E. Lieb for Jonas Caballero requesting That 9/17/21 Discovery Hearing Be Held By Phone submitted to Judge Hon. Christian F. Hummel . (Lieb, Douglas) (Entered: 09/14/2021)

TEXT ORDER granting in part 41 Consent Letter Motion from Douglas E. Lieb for Jonas Caballero requesting That 9/17/21 Discovery Hearing Be Held By Phone : Attorney Douglas Lieb, Esq. is permitted to dial into the conference. All other participants will appear in person. Attorney Lieb is directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call. Authorized by Magistrate Judge Christian F. Hummel on 9/14/2021. (tab) (Entered: 09/14/2021)

Order on Letter Request

NOTICE of Appearance by Michael G. McCartin on behalf of New York State Department of Corrections and Community Supervision (McCartin, Michael) (Entered: 09/16/2021)

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 9/17/2021. Appearances by Adam I. Strychaluk, Esq. for plaintiff; Douglas Edward Lieb, Esq. (by telephone) for Plaintiff. AAG Steven Nguyen and AAG Michael McCartin for Defendants. Parties advise the Court of the status of discovery. The Court directs defendants to provide plaintiff with outstanding discovery, to include initial disclosures and responses to Interrogatories within two weeks (October 1, 2021) (Court Reporter Jacqueline Stroffolino) (tab)

TRANSCRIPT REQUEST Discovery Hearing 9/17/21 by Jonas Caballero for proceedings held on 9/17/2021 before Judge Hon. Christian F. Hummel.. (Strychaluk, Adam) (Entered: 09/20/2021)

Letter Motion from Steve H. Nguyen for New York State Department of Corrections and Community Supervision requesting 7-Day Extension to Serve its Responses to Plaintiff's Document Requests submitted to Judge Christian F. Hummel . (Nguyen, Steve) (Entered: 09/30/2021)

TEXT ORDER RE 45 Letter Request: Defendant's request for a 7-Day Extension to Serve its Responses to Plaintiff's Document Requests is GRANTED. Responses to be served by 10/8/2021. Authorized by Magistrate Judge Christian F. Hummel on 10/4/2021. (meb) (Entered: 10/04/2021)

Order on Letter Request

STATUS REPORT confirming compliance with Text Order, dated October 4, 2021 (Dkt. No. 46) by New York State Department of Corrections and Community Supervision. (Nguyen, Steve) (Entered: 10/07/2021)

STATUS REPORT (JOINT) by Jonas Caballero. (Strychaluk, Adam) (Entered: 11/29/2021)

TEXT ORDER RE # 48 Status Report: The parties' request for an extension of all deadlines is GRANTED. Amended Pleadings due by 3/1/2022, Discovery due by 8/1/2022, Joinder of Parties due by 3/1/2022, Dispositive Motions to be filed by 10/3/2022. Authorized by Magistrate Judge Christian F. Hummel on 11/30/2021. (meb) (Entered: 11/30/2021)

~Util - Set Deadlines AND Order

Letter request by Jonas Caballero, for a pre-motion conference submitted to Magistrate Judge Christian F. Hummel. (Attachments: # 1 Exhibit A (Plaintiff's Deficiency Letter), # 2 Exhibit B (11-17-21 Email), # 3 Exhibit C (Defendant's Discovery Responses), # 4 Exhibit D (Defendant's Interrogatory Responses), # 5 Exhibit E (12-17-21 Email), # 6 Exhibit F (KPSM Instructions Letter), # 7 Exhibit G (1-7-22 Emails))(Strychaluk, Adam) Modified on 1/14/2022 to correctly reflect what the filing is (tab). (Entered: 01/13/2022)

CLERK'S CORRECTION OF DOCKET ENTRY re 50 Letter Request/Motion filed by Jonas Caballero: Clerk modified the docket text to better reflect what the filing is and which Judge the request will be addressed by. (tab)

TEXT ORDER granting 50 Letter Request for a Pre-Motion Conference : Defendants are directed to respond to Plaintiff's Dkt. no. 50 on or by 1/28/2022. A Discovery Hearing has been set for Wednesday, 2/2/2022 @ 10:00 AM. The hearing will be conducted by Microsoft TEAMS video platform and the Court will provide a video link for counsel to connect to the hearing. Authorized by Magistrate Judge Christian F. Hummel on 1/14/2022. (tab) (Entered: 01/14/2022)

Order on Letter Request

RESPONSE TO LETTER BRIEF filed by New York State Department of Corrections and Community Supervision as to 51 Order on Letter Request, . (Attachments: # 1 Exhibit A)(Nguyen, Steve) (Entered: 01/27/2022)

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 2/2/2022 by Teams Video. Appearances by Douglas Lieb, Esq. and Adam Strychaluk, Esq. for Plaintiffs; AAG Steve Nguyen and AAG Michael McCartin for Defendants. Issues regarding discovery responses are heard. The Court sets a follow up hearing and directs DOCCS counsel working with AAG Nguyen (Mr. Richter, Esq) to also appear at the conference. The follow up conference is set for 2/16/2022 @ 10:30am by TEAMS video. (the Court will provide a connection link) (Court Reporter Jacqueline Stroffolino) (tab)

COURT NOTICE of Conference: A Follow-up Status Conference has been set for Wednesday, 2/16/2022 @ 10:30 AM before Magistrate Judge Christian F. Hummel. The Court directs that Defendants arrange for DOCCS counsel, Mr. Richter, Esq. to also appear at the conference. The conference will be conducted by Microsoft TEAMS video and a connection link will be provided by the Court. (AAG Nguyen can forward the video link to DOCCS counsel or can provide the Court with an email address to send the link to.)(tab) (Entered: 02/03/2022)

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 2/16/2022 by TEAMS video. Appearances by Douglas Edward Lieb, Esq. and Adam Strychaluck, Esq. for plaintiffs; AAG Steven Nguyen and AAG Michael McCartin appearing for defendants along with DOCCS counsel, Mark Richter, Esq. Counsel discuss the status of the document production and what has been provided and also what has not been provided. Both sides are heard on the issue and Attorney Richter, Esq. also addresses the Court. A follow-up TEAMS video hearing is scheduled for 3/9/2022 @ 9:30 AM. (Court Reporter Ruth Lynch) (tab)

COURT NOTICE of Hearing: A TEAMS video Discovery Hearing has been set for Wednesday, 3/9/2022 @ 9:30 AM before Magistrate Judge Christian F. Hummel. The Court directs that Defendants arrange for DOCCS counsel, Mr. Richter, Esq. to also appear at the conference. The conference will be conducted by Microsoft TEAMS video and a connection link will be provided by the Court. (AAG Nguyen can forward the video link to DOCCS counsel or can provide the Court with an email address to send the link to.)(tab) (Entered: 02/23/2022)

Letter Motion from Adam Strychaluk for Jonas Caballero requesting Discovery Order submitted to Judge Christian F. Hummel . (Attachments: # 1 Proposed Order/Judgment)(Strychaluk, Adam) (Entered: 03/09/2022)

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 3/9/2022 by Video. Appearances by Douglas Edward Lieb, Esq. and Adam Strychaluk, Esq. for plaintiff; AAG Steve Nguyen and AAG Michael McCartin appearing for Defendants with DOCCS counsel, Mark Richter, Esq. Counsel advise the court on progress that has been made with discovery since the last conference. Plaintiff to provide a proposed Order to the Court outlining the deadlines and directives discussed during this conference for the Court's review and approval. The Court sets another conference for 4/6/2022 @ 10:00 am. The Notice for the 4/6/22 conference will be entered under a separate docket entry. (Court Reporter Lisa Tennyson)[9:30am-9:45am] (tab )

COURT NOTICE of Conference: A Status/Discovery Conference has been set for Wednesday, 4/6/2022 @ 10:00 AM before Magistrate Judge Christian F. Hummel. This conference will be conducted by TEAMS video and the court will provide a connection link to all participants.(tab) (Entered: 03/11/2022)

ORDER granting 55 Letter Motion from Adam Strychaluk for Jonas Caballero requesting Discovery Order submitted to Judge Christian F. Hummel [Order issued]. Signed by Magistrate Judge Christian F. Hummel on 3/14/2022. (tab) (Entered: 03/14/2022)

NOTICE of Change of Address by Douglas Edward Lieb Effective Date 4/1/2022 Old Address: 10 East 40th Street, Suite 3307, New York NY 10016 New Address: 18 East 48th Street, Suite 802, New York NY 10017 (Lieb, Douglas) (Entered: 03/31/2022)

NOTICE of Change of Address by Adam I. Strychaluk Effective Date 4/1/2022 Old Address: 10 East 40th Street, Suite 3307, New York NY 10016 New Address: 18 East 48th Street, Suite 802, New York NY 10017 (Strychaluk, Adam) (Entered: 03/31/2022)

NOTICE of Change of Address by Alison E Frick Effective Date 4/1/2022 Old Address: 10 East 40th Street, Suite 3307, New York NY 10016 New Address: 18 East 48th Street, Suite 802, New York NY 10017 (Frick, Alison) (Entered: 03/31/2022)

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 4/6/2022 by TEAMS video. Appearances by Douglas Edward Lieb, Esq. and Adam Strychaluk, Esq. for plaintiff; AAG Steve Nguyen and AAG Michael McCartin for the Defendants; Attorney mark Richter, present as DOCCS counsel. The status of discovery and document production is discussed. The Court inquires about any settlement discussions or a possibility of settling. Parties agree that more discovery is necessary. The Court sets a follow up conference for May 24th, 2022 @ 11:00 am by TEAMS.(Court Reporter Hannah Cavanaugh) (tab)

COURT NOTICE of Hearing/Conference: A Follow-up Discovery Conference has been set for Tuesday, 5/24/2022 @ 11:00 AM before Magistrate Judge Christian F. Hummel. This conference will be conducted by TEAMS video and the court will provide a connection link to all participants.(tab) (Entered: 04/07/2022)

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 5/24/2022 by TEAMS video. Appearances by Adam Strychaluk, Esq. and Douglas Edward Lieb, Esq. for plaintiffs; AAG Steve Nguyen and AAG Michael McCartin along with Deputy Counsel Mark Richter, Esq. for Defendants. Parties indicate that discovery is moving along and at a good pace. The Court does not set a follow up conference and agrees that the case is moving forward. (Court Reporter Jacqueline Stroffolino)[11:00am-11:10am] (tab)

MOTION to Withdraw as Attorney for Plaintiff Jonas Caballero filed by Jonas Caballero. Response to Motion due by 7/1/2022 (Attachments: # 1 Declaration of Adam Strychaluk) Motions referred to Christian F. Hummel. (Strychaluk, Adam) (Entered: 06/10/2022)

TEXT ORDER RE 62 Motion to Withdraw as Attorney: Counsel's motion to withdraw is GRANTED. The Clerk is directed to terminate attorney Adam I. Strychaluk. Authorized by Magistrate Judge Christian F. Hummel on 6/10/2022. (meb) (Entered: 06/10/2022)

Order on Motion to Withdraw as Attorney

Joint Letter Motion from Douglas E. Lieb for Jonas Caballero requesting 45-Day Extension of Time to Complete Discovery submitted to Judge Christian F. Hummel . (Lieb, Douglas) (Entered: 06/22/2022)

TEXT ORDER RE 64 Letter Request: Plaintiff's request for a 45-Day Extension of Time to Complete Discovery is GRANTED. Discovery due by 9/16/2022. Dispositive Motions to be filed by 11/18/2022. Authorized by Magistrate Judge Christian F. Hummel on 6/24/2022. (meb) (Entered: 06/24/2022)

Order on Letter Request

NOTICE of Appearance by Samuel J. Barr on behalf of Jonas Caballero (Barr, Samuel) (Entered: 10/28/2022)

MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23(b)(3) and 23(c)(4) filed by Jonas Caballero. Motion returnable before Judge David N. Hurd Response to Motion due by 11/18/2022. Reply to Response to Motion due by 11/25/2022 (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Declaration of Jonas Caballero, # 3 Declaration of Douglas E. Lieb, # 4 Declaration of Samuel Barr, # 5 Exhibit(s) A - DOCCS Directive 0086, 3/18/19, # 6 Exhibit(s) B - Rule 30(b)(6) Testimony of Thomas Leid, # 7 Exhibit(s) C - Shock Incarceration Program Suitability Screening Manual, # 8 Exhibit(s) D - 2020 Report on the Shock Incarceration Program, # 9 Exhibit(s) E - DOCCS Mental Health Program Descriptions, # 10 Exhibit(s) F - Table of Cases Determined to Be Statutorily Eligible, # 11 Exhibit(s) G - DOCCS Responses to First Set of Interrogatories, # 12 Exhibit(s) H - Excerpt of Spreadsheet, # 13 Exhibit(s) I - Understanding Mental Health Service Levels, # 14 Exhibit(s) J - Rule 30(b)(6) Testimony of Dr. El Hadji Gueye, # 15 Exhibit(s) K - Rule 30(b)(6) Testimony of Melanie Rodriguez, # 16 Exhibit(s) L - 2/20/20 DOCCS Memo re: Alternative to Shock, # 17 Exhibit(s) M - DOCCS Directive No. 0086, 7/29/21, # 18 Exhibit(s) N - DOCCS Responses to Second Set of Interrogatories, # 19 Exhibit(s) O - 11/3/21 DOCCS Memo re: Acceptance of Level 3 at Lakeview) (Lieb, Douglas) (Entered: 10/28/2022)

Letter Motion from Steve H. Nguyen for New York State Department of Corrections and Community Supervision requesting Stay of Dispositive Motions Deadline submitted to Judge David N. Hurd . (Nguyen, Steve) (Entered: 11/03/2022)

TEXT ORDER RE 68 Letter Motion: Defendant's request for a Stay of the Dispositive Motions Deadline is GRANTED. The deadline is STAYED pending a decision on the # 67 Motion to Certify Class. Authorized by Magistrate Judge Christian F. Hummel on 11/4/2022. (Copy served via regular mail)(meb) (Entered: 11/04/2022)

Order on Letter Request

Letter Motion from Steve H. Nguyen for New York State Department of Corrections and Community Supervision requesting Extension of Time to Respond to Plaintiff's Motion submitted to Judge David N. Hurd . (Nguyen, Steve) (Entered: 11/15/2022)

TEXT ORDER RE 70 Letter Request: Defendant's request for an extension of time to respond to the # 67 MOTION to Certify Class is GRANTED. Response to Motion due by 12/2/2022. Reply to Response to Motion due by 12/9/2022. Authorized by Judge David N. Hurd on 11/16/2022. (meb) (Entered: 11/16/2022)

Order on Letter Request

RESPONSE to Motion re 67 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23(b)(3) and 23(c)(4) filed by Jonas Caballero. Motion returnable before Judge David N. Hurd filed by New York State Department of Corrections and Community Supervision. (Attachments: # 1 Declaration Nguyen, # 2 Declaration Leid)(Nguyen, Steve) (Entered: 12/02/2022)

REPLY to Response to Motion re 67 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23(b)(3) and 23(c)(4) filed by Jonas Caballero. Motion returnable before Judge David N. Hurd filed by Jonas Caballero. (Attachments: # 1 Declaration Barr Reply)(Barr, Samuel) (Entered: 12/09/2022)