Case: John S. v. Cuomo

COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 01674 ; Service deadline 5/14/90 for John R. Scott, for Dwight Rhodes, for Richard M. Heath, for Elin Howe, for Richard C. Surles, for Mario Cuomo (lmp) (Entered: 08/09/1991)

ORDER granting leave to proceed anonymously ( signed by Chief Judge Neal P. McCurn ) (lmp) (Entered: 08/09/1991)

ORDER appointing Guardian Ad Litem ( signed by Chief Judge Neal P. McCurn ) (lmp) (Entered: 08/09/1991)

ANSWER to Complaint by Mario Cuomo (Attorney John R. Voninski), (lmp) (Entered: 08/09/1991)

ANSWER to Complaint by Richard C. Surles, Richard M. Heath, Dwight Rhodes, John R. Scott (Attorney John R. Voninski), (lmp) (Entered: 08/09/1991)

ANSWER to Complaint by Elin Howe (Attorney John R. Voninski), (lmp) (Entered: 08/09/1991)

ANSWER by Mario Cuomo, Richard C. Surles, Elin Howe, Richard M. Heath, Dwight Rhodes, John R. Scott to amended complaint (lmp) (Entered: 08/09/1991)

AMENDED COMPLAINT by John S., John R., Bonnie H. Shoultz, Patricia R., Mary Alice B.,amends [1-1] complaint (lmp) (Entered: 08/09/1991)

Rule 16 Scheduling Order Issued. Joining of Parties Deadline 10/19/90 ; Amending of Pleadings Deadline 10/19/90 ; Discovery Deadline 11/1/91 ; Motion Filing Deadline 1/15/92 ( Signed by Chief Judge P. McCurn ) (lmp) (Entered: 08/09/1991)

STIPULATION AND ORDER certifying action as a class action ( signed by Chief Judge Neal P. McCurn ) (lmp) (Entered: 08/09/1991)

REQUEST by Atty. Kanter and ORDER, reset Answers to second set of Interrogatories deadline to 10/14/91 ( signed by Chief Judge Neal P. McCurn ) (lmp) (Entered: 09/20/1991)

Amended Rule 16 Scheduling Order Issued. Preferred Trial Location: Syracuse, NY, Ready for trial by 5/16/92, Joining of Parties Deadline 10/19/90 ; Amending of Pleadings Deadline 10/19/90 ; Discovery 4/1/92 ; Motion Filing Deadline 5/15/92 ( Signed by Chief Judge Neal P. McCurn ) (lmp) (Entered: 11/20/1991)

Third amended Rule 16 Scheduling Order Issued. Joining of Parties Deadline 10/19/90 ; Amending of Deadline 10/19/90 ; Discovery Deadline 8/1/92 ; Motion Filing Deadline 9/15/92 ( Signed by Chief Judge Neal P. McCurn ) (bjw) (Entered: 04/06/1992)

MOTION by John S., John R., Bonnie H. Shoultz, Patricia R., Mary Alice B. to Compel the Production of Documents, Affidavit of Susan M. Young, Esq., Proposed Order; Hearing set for 10:00 7/28/92, Response Deadline 7/14/92, Reply to Response Deadline 7/21/92 (fce) (Entered: 07/07/1992)

MEMORANDUM by John S., John R., Bonnie H. Shoultz, Patricia R., Mary Alice B. in support of [29-1] motion to Compel the Production of Documents (fce) (Entered: 07/07/1992)

ORDER withdrawing [29-1] motion to Compel the Production of Documents, set Pretrial Conference for 4:30 8/5/92, Albany, NY ( signed by Chief Judge Neal P. McCurn ) (fce) (Entered: 07/14/1992)

LETTER from Judge McCurn dtd 7/29/92 scheduling conference for 8/5/92, 4:30 p.m., Albany, NY, re: contested discovery issues; responses filed by 8/3/92 (fce) (Entered: 08/19/1992)

LETTER MEMORANDUM to Judge McCurn from Atty Ratner dtd 7/30/92 (fce) (Entered: 07/31/1992)

Rule 16 Scheduling Order Issued. Estimated trial length days, Preferred Trial Location:, Ready for trial by, Joining of Parties Deadline 10/19/90 ; Amending of Pleadings Deadline 10/19/90 ; Discovery Deadline 12/31/92 ; Motion Filing Deadline 3/1/93 ( Signed by Chief Judge Neal P. McCurn ) (bac) (Entered: 08/03/1992)

Minute entry: PT Conf. - Pltfs' attys. to review medical records first & provide list of patients; Defts' attys. to provide incident reports for said list; if Pltf's attys. can't get information from medical reports, attys. to come back to Court for further relief; Atty. Hallack to advise Court & Pltfs' attys. in writing regarding method of record keeping at 3 institutions & effort required to produce incident reports; Pltfs' attys. to prepare proposed order regarding supervision of PILF students & confidentiality. APP: Susan Young, Frederick Stanczak & Paul Kelly for Pltfs.; Judith Ratner & Nancy Hallack of Ofc. of Mental Health for Defts. STENO: None (Law Clerk - DEM) (lmp) (Entered: 08/06/1992)

Pre-trial conference held (lmp)

ORDER ( signed by Chief Judge Neal P. McCurn, 9/4/92 ): (1) Both co-counsel to plaintiffs shall have access to the names of the class members, their clinical records, incident reports pertaining to class members and to any and all other information or materials which may be obtained throughtout the course of this litigation; (2) Plaintiffs' counsel shall keep confidential all names of class members and the information contained in thier clinical records and incident reports; (3) Law students associated with P.I.L.F. shall act under the supervision of P.I.L.F. supervising attorney and co-counsel L.S.C.N.Y. and shall also keep the above information confidential; (4) P.I.L.F. students shall be accompanied by and act under the supervision of at least one of plaintiff's attorneys while reviewing clinical records at the three defendant facilities (fce) (Entered: 09/10/1992)

Amended Rule 16 Scheduling Order Issued. Joining of Parties Deadline 10/19/90; Amending of Deadline 10/19/90; Discovery Deadline 6/15/93; Motion Filing Deadline 8/15/93 (Signed by Chief Judge Neal P. McCurn, 12/23/92 ) (fce) (Entered: 12/29/1992)

LETTER from Arlene S. Kanter dtd 4/28/93 to Chambers re: Arlene S. Kanter co-counsel for the plaintiff be removed and that the name of the current PILF supervisor, Elizabeth Goldenberg, be substituted as co-counsel for the plaintiffs. (dmf) (Entered: 05/05/1993)

Rule 16 Scheduling Order Issued/Amended Stip.; Extending the Discovery Deadline to 11/15/93 and the Motion Filing Deadline to 1/15/94; if the need arised prior to completion of discovery counsel may request a conference w/ the court; counsel may stipulate to an extension of any deadline set forth in this order and in such case shall submit a signed stipulation for court approval; counsel shall file a Rule 10(K); ( Signed by Senior Judge Neal P. McCurn 6/18/93) (dmf) Modified on 06/21/1993 (Entered: 06/21/1993)

ORDER/AMENDED STIPUALTION, extended Motion Filing deadline to 7/15/94, and extended Discovery deadline to 5/15/94 ; modification of this Order will only be allowed upon a showing of good cause ( signed by Senior Judge Neal P. McCurn 11/20/93) (dmf) (Entered: 11/23/1993)

Rule 16 Scheduling Order Issued. Joining of Parties Deadline 10/19/90 ; Amending of Deadline 10/19/90 ; Discovery Deadline 11/15/94 ; Motion Filing Deadline 1/15/95 (Signed by Senior Judge Neal P. McCurn on 5/13/94) (lmp) (Entered: 05/19/1994)

Amended Uniform Pretrial Order; Discovery Deadline 8/15/95 ; Motion Filing Deadline 11/15/95 ; ( Signed by: Senior Judge Neal P. McCurn ) (fce) (Entered: 11/29/1994)

LETTER ORDER, scheduling Pretrial Conference for 11:00 a.m. on 6/11/96 in Syracuse, NY, to discuss settlement and/or trial status of this action. (signed by Senior Judge Neal P. McCurn on 5/30/96) (lmp) (Entered: 05/30/1996)

Scheduling Notice/letter from AAG Freshour dated 6/4/96: confirming that Pretrial Conference is rescheduled to 1:30 a.m. on 7/11/96 in Syracuse or Utica before Senior Judge McCurn (lmp) (Entered: 06/10/1996)

Pre-trial conference held (lmp)

Minute entry for 7/11/96: PT Conf. - attys. reported that they were in process of drafting final settlement agreement; Atty. Freshour will confer w/clients as to two language proposals submitted by Ptlfs' attys. & report to court & Pltfs' attys. by 8/12/96 as to same; contemporanneous time records, documentation for atty. fees, etc., will be sent to NYS counsel in event of settlement; discussion re Legal Services ban on handling this matter; if case not settled, PILF will become lead counsel. APP: Frederick Stanczak & Susan Young for Legal Services; Janine Hoft & Michael Choi (student) for PILF; Richard Freshour for NYS Court Reporter/ECRO: None (Law Clerk - DEM) (lmp) Modified on 07/17/1996 (Entered: 07/17/1996)

MOTION by Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. for Frederick M. Stanczak, Susan M. Young & all counsel employed by Legal Services of Central, New York, Inc., to Withdraw as Attorneys for the Pltf. Class w/attached Affidavit of Frederick M. Stanczak and proposed order. Motion returnable before Judge/Mag. Judge: McCurn (lmp) (Entered: 07/25/1996)

ORDER granting [46-1] motion for Frederick M. Stanczak, Susan M. Young & all counsel employed by Legal Services of Central, New York, Inc., to Withdraw as Attorneys for the Pltf. Class effective 7/31/96. (Terminated attorney Frederick M. Stanczak for John S., attorney Frederick M. Stanczak for John R., attorney Frederick M. Stanczak for Bonnie H. Shoultz, attorney Frederick M. Stanczak for Patricia R., attorney Frederick M. Stanczak for Mary Alice B. (signed by Senior Judge Neal P. McCurn on 7/30/96) (lmp) (Entered: 07/31/1996)

LETTER ORDER, directing counsel to advise court in writing as to Status of this action by 9/22/96 (signed by Senior Judge Neal P. McCurn on 9/12/96) (lmp) (Entered: 09/12/1996)

Minute entry: Tel. Conf. - when conf. call put thru, only AAG Freshour for Defts. appeared; Pltf's counsel unable to appear; conf. will be rescheduled for next week. APP: Richard Freshour for Defts. Court Reporter/ECRO: None (Law Clerk - CLR) (lmp) (Entered: 03/07/1997)

Minute entry for Tel. Conf. on 3/21/97: Still working on stipulation of settlement & changes proposed by Defts.; parties believe agreement is possible as to language & time frame; Status Report deadline set to 4/10/97 for parties to report to court ; once language is agreed upon, it will take some time for final approval by NYS; it was agreed that issue of attys. fees be held in abeyance until merits of case or settlement is reached. APP: Frederick Stanczyk for Pltfs.; Richard Freshour for NYS Court Reporter/ECRO: None (Law Clerk - CLR) (lmp) (Entered: 03/26/1997)

Minute entry: Tel. Conf. - Court discussed proposed notice to class members of tentative settlement agreement; Court ordered Atty. Stanczyk to submit amended proposed notice, striking last paragraph on page 4 & adding, "This notice has been approved as to form and content," & adding signature & date lines for Court; AAG Freshour to send to Atty. Stranczyk orig. stipulation & order for signature, which will then be submitted to Court; Court set Evidentiary Hearing regarding fairness & adequacy of proposed settlement for 2:00 p.m. on 12/28/98 in Syracuse, NY . APP: Frederick Stanczyk for Pltfs.; Richard Freshour for Defts.; Court Reporter/ECRO: None (Law Clerk - CLR) (lmp) (Entered: 10/05/1998)

LETTER ORDER, set Dismissal Calendar Call for 2:00 pm on 2/5/99 in Syracuse, NY at court's chambers. (signed by Senior Judge Neal P. McCurn on 1/19/99) (lmp) (Entered: 01/20/1999)

NOTICE to Class of Hearing: set Hearing on proposed Settlement of Class Action for 2:00 p.m. on 3/26/99 in Syracuse, NY, before Senior Judge McCurn. (lmp) (Entered: 02/08/1999)

STIPULATION and ORDER as to terms of settlement of class action. (signed by Senior Judge Neal P. McCurn on 2/5/99) (lmp) (Entered: 02/08/1999)

REQUEST by Atty. Young for Pltfs. dtd 3/8/99 and ORDER that time of filing motions for attorneys fees shall not begin to run until after entry of final order/judgment subsequent to 3/26/99 hearing. (signed by Senior Judge Neal P. McCurn on 3/9/99) (lmp) (Entered: 03/10/1999)

NOTICE of attorney appearance for Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. by Sarah Betsy Fuller (lmp) (Entered: 03/18/1999)

Minute entry: Hearing on Proposed Settlement of Class Action - no one appears to object; Judge McCurn approves settlement & directs Atty. Stancyzk to submit proposed order within 10 days & transcript to be ordered at Defts' expense. APP: Frederick Stanczyk & Sarah Betsy Fuller for Pltfs.; Richard Freshour for Defts.; Court Reporter/ECRO: K. Crewell (LC-CLR) (lmp) (Entered: 03/26/1999)

TRANSCRIPT of Hearing on Proposed Settlement of Class Action filed for dates of 3/26/99 before Judge Neal P. McCurn, Sr. Court Reporter: Kenneth H. Crewell, Jr. (jlm) (Entered: 04/12/1999)

ORDER, approving the Stipulation for Settlement of Class Action, etc. (signed by Senior Judge Neal P. McCurn on 4/15/99) (lmp) (Entered: 04/19/1999)

**Case closed (lmp)

Scheduling Notice/letter from Atty. Young for Pltfs.: extending Motion for Atty's Fees Filing deadline to 5/28/99 w/approval of SJ McCurn. (lmp) (Entered: 05/13/1999)

MOTION by Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. for Attorney Fees for services of Sarah Betsy Fuller, Esq. w/cert-svc., Hearing set for 9:30 am on 7/13/99 in Syracuse, NY, Response Deadline 6/29/99; Motion returnable before Judge/Mag. Judge: McCurn (lmp) Modified on 05/28/1999 (Entered: 05/27/1999)

MEMORANDUM by Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. in support of [61-1] motion for Attorney Fees (lmp) (Entered: 05/27/1999)

AFFIDAVIT by Sara Betsy Fuller, Esq., for Pltfs. Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. Re: [61-1] motion for Attorney Fees w/attached Exhibits (lmp) (Entered: 05/27/1999)

NOTICE of attorney appearance for Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. by Frederick M. Stanczak, Esq., w/change of address. (lmp) (Entered: 05/28/1999)

MOTION by Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. for Attorney Fees for services of Frederick M. Stanczak, Esq. w/attached proposed order, Affidavit of Frederick M. Stanczak & exhibit, Hearing set for 9:30 am on 7/13/99 in Syracuse, Response Deadline 6/29/99; Motion returnable before Judge/Mag. Judge: McCurn (lmp) (Entered: 05/28/1999)

MOTION by Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. for Attorney Fees for services of Susan M. Young, Esq., Hearing set for 9:30 am on 7/13/99 in Syracuse, Response Deadline 6/29/99; Motion returnable before Judge/Mag. Judge: McCurn (lmp) (Entered: 05/28/1999)

MEMORANDUM by Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. in support of [66-1] motion for Attorney Fees for services of Susan M. Young, Esq. (lmp) (Entered: 05/28/1999)

AFFIDAVIT by Susan M. Young, Esq., for Pltfs. in support of [66-1] motion for Attorney Fees for services of Susan M. Young, Esq. (lmp) (Entered: 05/28/1999)

LETTER ORDER, oral argument/Motion Hearing set for 9:30 AM on 7/13/99 in Syracuse re: [66-1] motion for Attorney Fees for services of Susan M. Young, Esq., [65-1] motion for Attorney Fees for services of Frederick M. Stanczak, Esq., [61-1] motion for Attorney for services of Sarah Betsy Fuller, Esq. ; if there is no opposition, court will take matter on submit. (signed by Judge Neal P. McCurn on 6/1/99) (lmp) (Entered: 06/02/1999)

RESPONSE by John R. Scott, Dwight Rhodes, Richard M. Heath, Elin Howe, Richard C. Surles, Mario Cuomo in opposition to [66-1] motion for Attorney Fees for services of Susan M. Young, Esq., [65-1] motion for Attorney Fees for services of Frederick M. Stanczak, Esq. (fce) (Entered: 06/30/1999)

MEMORANDUM by John R. Scott, Dwight Rhodes, Richard M. Heath, Elin Howe, Richard C. Surles, Mario Cuomo in opposition to [66-1] motion for Attorney Fees for services of Susan M. Young, Esq., [65-1] motion for Attorney Fees for services of Frederick M. Stanczak, Esq. (fce) (Entered: 06/30/1999)

Minute entry: [66-1] motion for Attorney Fees for services of Susan M. Young, Esq. under advisement, [65-1] motion for Attorney Fees for services of Frederick M. Stanczak, Esq. under advisement, [61-1] motion for Attorney Fees for services of Sarah Betsy Fuller, Esq. under advisement. APP: Sarah Betsey Fuller, Susan M. Young & Paul Kelly for Pltfs.; Richard Freshour for Defts.; Court Reporter: Kim Liberatore (LC-DPW) (lmp) (Entered: 07/13/1999)

MEMORANDUM-DECISION AND ORDER granting [66-1] motion for Attorney Fees for services of Susan M. Young, Esq., granting [65-1] motion Attorney Fees for services of Frederick M. Stanczak, Esq., granting [61-1] motion for Attorney Fees for services of Sarah Betsy Fuller, Esq.; Pltfs' attys. are entitled to atty's fees & costs of $179,290.68, apportion as follows: $56,782.95 in fees & costs for PILF, $118,872.73 in fees & costs for LSCNY & $3,635 in fees for Stanczak. (signed by Senior Judge Neal P. McCurn on 7/29/99) Date Entered: 8/2/99 (lmp) (Entered: 08/02/1999)

JUDGMENT for Mary Alice B., Patricia R., Bonnie H. Shoultz, John R., John S. against John R. Scott, Dwight Rhodes, Richard M. Heath, Elin Howe, Richard C. Surles, Mario Cuomo for atty. fees & costs of $179,290.58, etc. Date Served: 8/2/99 Date Entered: 8/2/99 (lmp) (Entered: 08/02/1999)