Case: Milburn v. Coughlin

1:79-cv-05077 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 25, 1979

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 25, 1979, this class action lawsuit was filed in the U.S. District Court for the Southern District of New York. The plaintiffs filed under 42 U.S.C. 1983 on behalf of all people who were or would be incarcerated at Green Haven Correctional Facility in Stormville, New York, against New York State, its Department of Correctional Services, Green Haven Correctional Facility, and their medical personnel. Represented by the Prisoners' Rights Project of the Legal Aid Society of New York,…

On September 25, 1979, this class action lawsuit was filed in the U.S. District Court for the Southern District of New York. The plaintiffs filed under 42 U.S.C. 1983 on behalf of all people who were or would be incarcerated at Green Haven Correctional Facility in Stormville, New York, against New York State, its Department of Correctional Services, Green Haven Correctional Facility, and their medical personnel. Represented by the Prisoners' Rights Project of the Legal Aid Society of New York, they sought declaratory and injunctive relief, alleging that Green Haven violated inmates' constitutional rights by providing grossly inadequate and unresponsive medical care.

On June 23, 1982, the parties entered a Stipulation for Entry of Final Judgment. On August 23, 1982, the court approved the consent decree after some modification. The final order was modified several times in the 1980s. On October 6, 1989, the plaintiffs asked the court (1) to find the State in contempt of the current version of the Final Judgment, (2) to modify the Final Judgment, and (3) to appoint a Special Master. On August 1, 1991, the parties settled these claims by proposing further modifications to the Final Judgment. On September 12, 1991, the court conducted a hearing to allow members of the plaintiff class to raise concerns about the proposed settlement. From that hearing, the court ordered some revision to the proposed Final Judgment. The parties submitted the revised settlement to the court for approval on September 27, 1991.

The Modified Final Judgment that the court approved represented a detailed blueprint of the system that would provide medical and dental care to Green Havens' inmates. The Modified Final Judgment established standards governing the operation of the Unit for the Physically Disabled (UPD), medical staff levels, transfer of unhealthy inmates to other correctional facilities, prioritization of medical cases, medical confidentiality, and timelines for treatment and response to specific ailments. Under the Modified Final Judgment, a Medical Auditor (Dr. Robert L. Cohen) was appointed to monitor the integrity of the system.

Quite a few inmates, after September 1991, individually petitioned the court to find the State in contempt of the Modified Final Judgment. On May 28, 1993, the court (Judge Robert J. Ward) held that an inmate was entitled to seek damages for Green Haven's failure to adequately care for his venereal warts, which became so severe that they bled. Milburn v. Coughlin, No. 79 Civ. 5077, 1993 WL 190279 (S.D.N.Y. May 28, 1993). The court, however, held that the plaintiff could not concurrently litigate his contempt claim and a separate claim under 42 U.S.C. § 1983. The court offered to stay the contempt proceedings while the § 1983 claim was adjudicated. On May 11, 1995, the court (Judge Ward) refused to allow a second inmate, representing himself, to intervene in the lawsuit. Milburn v. Couglin, No 79-5077, 1995 WL 293686 (S.D.N.Y. May 11, 1995). The court reasoned that intervener status was inappropriate because the plaintiff was already represented in the action, but referred the plaintiff's grievances to the Medical Auditor.

On November 1, 1996, the court (Judge Ward) dismissed a third plaintiff's pro se motion to find the State in contempt. Milburn v. Coughlin, No. 79-5077, 1996 WL 633223 (S.D.N.Y. Nov. 1, 1996). That plaintiff had alleged the State had violated the Modified Final Judgment by transferring him from Green Haven to another correctional facility while he was awaiting a follow-up specialist appointment. Recognizing the need for continuity of medical care, the court conditioned dismissal of the motion on the arrangement of a neurological consultation for the plaintiff within sixty days.

On July 2, 1997, the court considered whether the transfer of a fourth inmate from the UPD to another correctional facility violated the Modified Final Judgment. The court (Judge Ward) held that the plaintiff's transfer violated the Modified Final Judgment even though the transfer was instigated after prison officials realized that the plaintiff was at risk of bodily harm from an unknown enemy at Green Haven. Milburn v. Coughlin, No. 79 Civ. 5077, 1997 WL 371144 (S.D.N.Y. July 2, 1997).

On March 13, 2002, the court (Judge Ward) awarded nominal compensatory damages to a fifth prisoner, James West, who alleged injuries resulting from violations of the Modified Final Judgment. Milburn v. Coughlin, No. 79 Civ. 5077, 2002 WL 392284 (S.D.N.Y. March 13, 2002). Specifically, the court found that the State had violated the Modified Final Judgment's due diligence and confidentiality provisions. Specifically, the court held that the state had not acted with due diligence in providing medical care to West, who was forced to wait five years for proscribed physical therapy. The court, however, found that a several-month delay between prescription of a test and the occurrence of that test was not unreasonable because the procedure had to be rescheduled. The court found that prison guards eavesdropped on conversations between medical staff and inmates by standing too close to the inmate being treated, in violation of the confidentiality requirements of the Modified Final Judgment. The court awarded the inmate $100 of the one million dollars that West sought and reasoned that West had not shown that a greater award was appropriate.

The United States Court of Appeals for the Second Circuit, however, vacated the damage award and remanded for assessment of a more appropriate award. Milburn v. Coughlin, 83 Fed. Appx. 378 (2d Cir. 2003). While recognizing the difficulty of setting monetary values on intangible injuries to an incarcerated plaintiff, the appellate court concluded that $100 was insufficient compensation. The appellate court instructed the district court to enter an award in keeping with the fact that inadequate medical care had caused West to be confined to a wheel chair for several years, during which time he developed bilateral ankle contractures. On Feb. 3, 2005, the defendants filed a Motion to Dismiss West's Motion for Contempt. In July 2005, the court (Judge Shira A. Scheindlin) directed the doctors involved in West's medical care to develop a treatment plan. On January 27, 2006, the court (Judge Richard C. Casey) entered an Order and Stipulation between the parties concerning the extension of the medical auditor's term. We do not have a copy of this stipulation.

On March 22, 2007, Judge Richard C. Casey passed away, and the case was reassigned to Judge Loretta A. Preska on May 21, 2007. Four months later, the court (Judge Preska) granted defendants' motion to dismiss plaintiffs' complaint for contempt, though the court's reasoning is not available. On the same day, the court denied West's motion to set the amount of compensatory damages because of conflicting evidence regarding whether harm to plaintiff was caused by lack of medical attention - the court deemed this a factual question that would be important in determining how much in compensatory damages should be awarded to plaintiff.

After a number of filing extensions and delays, on October 26, 2010, the court dismissed the case and signed a consent decree requiring the defendants to pay West $9,400 for damages and attorney fees. The following year, West moved the court for relief from the judgment, alleging that he was fraudulently induced to sign the agreement. On July 24, 2012, the court denied this motion because West did not provide sufficient evidence to support his claim. 2012 WL 3060394. West appealed this decision, but on February 27, 2013, the court of appeals dismissed his appeal for lacking a basis in law or fact.

Over the years, many other inmates filed pro se motions to hold the defendants in contempt of the Milburn decree. However, most of them were denied because the inmates did not provide sufficient evidence of their claims. For example, on April 27, 2011, an inmate filed a pro se motion to sanction defendants for lack of dental care in violation of the Milburn Consent Decree. However, this motion was denied on January 12, 2012, because the movant did not provide sufficient evidence. 2012 WL 112251. On January 18, 2012, the court also denied another inmate's pro se motion to hold defendants in contempt of the Milburn decree for falsifying his medical record and denying him medical care. The court found that this inmate did not exhaust the administrative requirements under the terms of the Milburn decree. 2012 WL 163242.

Months later, another inmate moved the court to hold the defendants in contempt of the Milburn decree after defendants refused to treat him after a health screening indicated that he did not need treatment. Because the defendants were taking action to treat the inmate, the court denied the motion for contempt on March 28, 2013.

In August of 2012, an inmate filed a pro se motion for contempt of the Milburn decree and for pro bono counsel. The court denied this motion on March 29, 2013, because the inmate did not provide sufficient evidence of a violation of the decree.

One inmate successfully moved the court on November 18, 2011, when the court signed a consent decree for pro se movant John Vera Moreno requiring defendants to pay him $199,500 in damages and attorney fees.

On July 31, 2014, the defendants moved to terminate the decree under the Prison Litigation Reform Act. The defendants sought termination because the current decree was approved in 1991 before the enactment of the PLRA and lacked the PLRA's required court findings that the relief was narrowly drawn, extended no further than necessary to correct the violation of a federal right, and was the least intrusive means necessary to correct the violation of a federal right.

In response, on September 15, 2014, the plaintiffs moved to modify the decree and opposed the motion to terminate the decree. The plaintiffs argued that despite some significant improvements, medical treatment at Green Haven continued to violate the class members‘ Eighth Amendment rights.

Subsequently, the plaintiffs withdrew their motion to modify the decree and withdrew opposition to the defendant's motion to terminate the decree. Accordingly, on March 9, 2015, the Court granted the defendant's motion to terminate the decree.

However, on November 19, 2019, the Second Circuit Court of Appeals rescinded the termination order, on the basis that the plaintiff class had been inadequately represented at the times relevant to termination proceedings. 944 F.3d 63.

In March of 2020, plaintiffs began to search for new class representatives. However, this process was impeded by the spread of the COVID-19 outbreak. By late March, plaintiffs were asking for a court-appointed expert to examine the prison's response to the COVID-19 pandemic.

The case is ongoing as of June 2020.

Summary Authors

Elizabeth Chilcoat (6/27/2006)

Maurice Youkanna (7/25/2014)

Jessica Kincaid (2/4/2016)

Jack Hibbard (5/21/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7669656/parties/milburn-v-dogin/


Judge(s)

Carney, Susan Laura (Connecticut)

Casey, Richard Conway (New York)

Gorenstein, Gabriel W. (New York)

Lohier, Raymond Joseph Jr. (New York)

Oakes, James Lowell (Vermont)

Pooler, Rosemary S. (New York)

Preska, Loretta A. (New York)

Ward, Robert Joseph (New York)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Beck, John A. (New York)

Judge(s)

Carney, Susan Laura (Connecticut)

Casey, Richard Conway (New York)

Gorenstein, Gabriel W. (New York)

Lohier, Raymond Joseph Jr. (New York)

Oakes, James Lowell (Vermont)

Pooler, Rosemary S. (New York)

Preska, Loretta A. (New York)

Ward, Robert Joseph (New York)

Wesley, Richard C. (New York)

Attorneys(s) for Plaintiff

Beck, John A. (New York)

Gluckerman, Todd (New York)

Halavais, Jamie Lynne (Arizona)

Hellerstein, William E. (New York)

Hoffner, David Scott (New York)

Hsu, Caroline Sandra (New York)

Lewis, Dori A. (New York)

Nessler, Richard A. (New York)

Shreyberg, Yelena (New York)

Starner, Gregory M. (New York)

Weinstein, Philip L. (New York)

Wilker, Dale A. (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Cuomo, Andrew M. (New York)

Dawkins, Julinda A. (New York)

Demchuk, Barbara P. (New York)

Dogin, Henry (New York)

Litsky, Thomas B. (New York)

Odessky, Susan Hull (New York)

Schneiderman, Eric T. (New York)

Schulze, Daniel A. (New York)

Turbin, Ronald (New York)

Other Attorney(s)

Edmondson, Elizabeth A. (New York)

Kohlmann, Susan J. (New York)

Tarantolo, Danielle F. (New York)

Documents in the Clearinghouse

Document

1:79-cv-05077

Docket [PACER]

Milburn v. Dogin

March 26, 2015

March 26, 2015

Docket

1:79-cv-05077

Opinion

1980 U.S.Dist.LEXIS 17841

Nov. 28, 1980

Nov. 28, 1980

Order/Opinion
33

1:79-cv-05077

Opinion

1980 U.S.Dist.LEXIS 17842

Dec. 16, 1980

Dec. 16, 1980

Order/Opinion

1:79-cv-05077

Stipulation for Entry of Modified Final Judgment by Consent

Aug. 1, 1991

Aug. 1, 1991

Pleading / Motion / Brief

1:79-cv-05077

Index to Modified Final Judgment by Consent

Aug. 1, 1991

Aug. 1, 1991

Settlement Agreement

1:79-cv-05077

Notice of Proposed Modified Final Judgment

Aug. 1, 1991

Aug. 1, 1991

Order/Opinion

1:79-cv-05077

Stipulation for Entry of Modified Final Judgment by Consent

Sept. 27, 1991

Sept. 27, 1991

Settlement Agreement

1:79-cv-05077

Memorandum Decision

1993 WL 190279, 1993 U.S.Dist.LEXIS 7259

May 28, 1993

May 28, 1993

Order/Opinion

1:79-cv-05077

Memorandum and Order

1994 U.S.Dist.LEXIS 1177

Feb. 7, 1994

Feb. 7, 1994

Order/Opinion

1:79-cv-05077

Memorandum and Order

1995 WL 293686

May 11, 1995

May 11, 1995

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7669656/milburn-v-dogin/

Last updated July 24, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

Filed COMPLAINT --issued summons.Document filed by Louis Milburn.(lb) Modified on 2/27/2007 (lb). (Entered: 02/27/2007)

Sept. 25, 1979

Sept. 25, 1979

PACER
2

ORDER granting plaintiff to proceed in forma pauperis. (lb) (Entered: 02/27/2007)

Sept. 25, 1979

Sept. 25, 1979

PACER
9

ANSWER to Complaint. Document filed by Henry S. Dogin, Patricia Harris.(rag, ) Modified on 2/27/2007 (lb). (Entered: 11/22/2004)

Dec. 14, 1979

Dec. 14, 1979

PACER
17

AMENDED COMPLAINT amending Complaint. Document filed by Louis Milburn. Related document: Complaint filed by Louis Milburn.(lb) (Entered: 02/27/2007)

April 25, 1980

April 25, 1980

PACER
33

Fld ORDER...Ordered...That this action be maintained as a class action purs. to 23(a) & (b)(2)...etc...Ward, Jr. mn (rag, ) Modified on 2/27/2007 (lb). (Entered: 11/22/2004)

Dec. 16, 1980

Dec. 16, 1980

PACER

Minute Entry for proceedings held before Judge Robert J. Ward : Initial Pretrial Conference held on 4/13/1982. (rag, )

April 13, 1982

April 13, 1982

PACER
96

Fld. FINAL JUDGMENT BY CONSENT...Ordered that the plaintiff class shall be notified of the entry of this Final Judgment by Consent as provided for in the attached notice. The Superintendant shall cause a copy of the notice to be given by hand to each inmate at Green Haven and shall cause a copy to be premently posted in each big area of Green Haven. mn (rag, ) (Entered: 11/22/2004)

Aug. 20, 1982

Aug. 20, 1982

PACER
251

Fld. ORDER...Re: Modified Final Judgment by Consent...Ordered that this 9/27/91 Modified Final Judgment shall supersede with a single document the 1982 Final Judgment. (rag, ) Modified on 2/27/2007 (lb). (Entered: 11/22/2004)

Sept. 30, 1991

Sept. 30, 1991

PACER
279

NOTICE OF CASE Reassignment to Judge Richard C. Casey. Judge Robert J. Ward no longer assigned to the case. Notice mailed to Attorneys of Record (entered 1/14/04 pr) (rag, ) Modified on 2/27/2007 (lb). (Entered: 11/22/2004)

Jan. 13, 2004

Jan. 13, 2004

PACER

Fld. Mandate From The U.S.C.A. ORDERED ADJUDGED AND DECREED That the district court's order be AFFIRMED IN PART AND VACATED IN PART AND REMANDED. ISSUED AS MANDATE 1/7/04, 02-(L), 020096 (XAP). Mackechnie, Clerk USCA (rag, )

Jan. 13, 2004

Jan. 13, 2004

PACER

Minute Entry for proceedings held before Judge Robert L. Carter : Initial Pretrial Conference held on 6/8/2004. Parties to brief issue of damages, briefing schedule set by court. Defts. brief by 8/18; opposition by 9/19, reply by 9/26 surreply due 10/3. Defts. to either find medical report at 5 Points Correctional Facility in 2 weeks 6/18 of to get another one completed in 2 more weeks 7/2. (rag, )

June 8, 2004

June 8, 2004

PACER

Application of James West - Motion for an order limiting the compensatory damages awarded to pltff. to the amount originally awarded by the Court, Ret on 10/23/04.(rag, )

Sept. 17, 2004

Sept. 17, 2004

PACER

MEMORANDUM OF LAW in Support re: Application of James West - Motion for an order limiting the compensatory damages awarded to pltff. to the amount originally awarded by the Court, Ret on 10/23/04 (rag, )

Sept. 17, 2004

Sept. 17, 2004

PACER

ENDORSED LETTER...Extend time of pltff's time to respond to motion of Attorney General NYS until 10/16/04 and reply due 10/23/04. APPLICATION GRANTED SO ORDERED 9/20/04 (Signed by Judge Richard C. Casey on 9/20/04) (rag, )

Sept. 21, 2004

Sept. 21, 2004

PACER

MEMORANDUM OF LAW in Opposition re: MOTION Document filed by Louis Milburn. (rag, )

Oct. 18, 2004

Oct. 18, 2004

PACER

ENDORSED LETTER addressed to Judge Casey from Susan H. Odessky dated 01/19/05 re: granting counsel's request for an extension of time to respond to the referenced application made under the Consent Decree in Milburn v. Coughlin until January 24, 2005. (Signed by Judge Richard C. Casey on 1/19/05) (djc, )

Jan. 20, 2005

Jan. 20, 2005

PACER

Set Answer Due Date purs. to Endorsed Letter, as to Henry S. Dogin answer due on 1/24/2005; Patricia Harris answer due on 1/24/2005; David R Harris answer due on 1/24/2005; Thomas A. Coughlin, III answer due on 1/24/2005. (djc, )

Jan. 20, 2005

Jan. 20, 2005

PACER
280

ENDORSED LETTER addressed to Judge Richard C. Casey from Susan H. Odessdy dated 1/25/05 re: Application GRANTED. Extension to 1/28/05 for defendant to respond to plaintiff's action. There will be no additional extensions beyond 1/28/05. (Signed by Judge Richard C. Casey on 1/25/05) (db, ) Modified on 2/27/2007 (lb). (Entered: 02/01/2005)

Jan. 26, 2005

Jan. 26, 2005

PACER

Set Answer Due Date purs. to 253 Endorsed Letter, as to Henry S. Dogin answer due on 1/28/2005; Patricia Harris answer due on 1/28/2005; David R Harris answer due on 1/28/2005; Thomas A. Coughlin, III answer due on 1/28/2005. (db, )

Jan. 26, 2005

Jan. 26, 2005

PACER
281

MOTION (FILED ON SERVICE DATE) to Dismiss plaintiff's complaint. Document filed by Henry S. Dogin, Patricia Harris, David R Harris, Thomas A. Coughlin, III. (tp, ) Modified on 2/27/2007 (lb). (Entered: 02/08/2005)

Feb. 3, 2005

Feb. 3, 2005

PACER
282

MEMORANDUM OF LAW in Support re: 254 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Henry S. Dogin, Patricia Harris, David R Harris, Thomas A. Coughlin, III. (tp, ) Modified on 2/27/2007 (lb). (Entered: 02/08/2005)

Feb. 3, 2005

Feb. 3, 2005

PACER
283

ENDORSED LETTER addressed to Judge Casey from William Pabon dated 2/10/2005 re: Reset Deadlines/Hearing as to 254 MOTION (FILED ON SERVICE DATE) to Dismiss: Responses due by 3/10/2005 Replies due by 3/17/2005. (Signed by Judge Richard C. Casey on 2/16/2005) (jp, ) Modified on 2/27/2007 (lb). (Entered: 02/22/2005)

Feb. 17, 2005

Feb. 17, 2005

PACER
284

ENDORSED LETTER addressed to Judge Richard C. Casey from Susan H. Odessky dated 3/15/05 re: counsel for defendants request an extension until 3/23/05 in order to reply to plaintiff's responsive papers. No previous request for an extension of time in this action has been made. Application granted. (Signed by Judge Richard C. Casey on 3/15/05) (sac, ) Modified on 2/27/2007 (lb). (Entered: 03/18/2005)

March 16, 2005

March 16, 2005

PACER
285

ENDORSED LETTER addressed to Judge Scheindlin from William J. Rold dated 6/27/2005 re: granting counsels request that the doctors involved in carrying out the treatment of the pltff are directed to arrive at a treatment plan on or before 7/18/2005. (Signed by Judge Shira A. Scheindlin on 7/1/2005) (jp, ) Modified on 2/27/2007 (lb). (Entered: 07/21/2005)

July 18, 2005

July 18, 2005

PACER
286

ENDORSED LETTER addressed to Judge Scheindlin from William J. Rold dated 7/14/2005 re: The plaintiff's request is granted. The doctors involved in the plaintiff's medical care shall deveop a treatment plan by August 1, 2005. (Signed by Judge Shira A. Scheindlin on 7/18/2005) (jsa, ) Modified on 2/27/2007 (lb). (Entered: 07/22/2005)

July 21, 2005

July 21, 2005

PACER
287

STIPULATION AND ORDER that the parties have agreed to the terms and conditions regarding extension of the medical auditor's term as further set forth in this stipulation. (Signed by Judge Richard C. Casey on 1/26/06) (dle, ) Modified on 2/27/2007 (lb). (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
289

ORDER This case was assigned to Judge Richard Conway Casey, who passed away on 3/22/07. The case will be reassigned to a new judge in the near future. You will be notified of the reassignment on ECF (for ECF cases) or in a form to be mailed to you (for non-ECF cases). The parties in this case are ordered to review the attorney/party information on the docket sheet and determine whether the information presently listed is incorrect. If an error exists, the affected party must submit updated contact information no later than 5/30/07. Parties should take care to remove the contact information for attorneys no longer involved in the case and to enter appearances for any current attorneys who are not listed. The parties are also ordered to submit a joint summary of the case no later 5/30/07. The Summary should be sent to Judge Caseys Chambers Attn: Law Clerks and will be provided to the new judge upon reassignment of the case. The Summary should be a bare statement of the case with any relevant procedural history. This includes, but is not limited to, the subject matter of the litigation, whether discovery is complete, whether the case is or has been before a magistrate judge, whether there are any motions or applications pending, and the subject matter of the pending motions or applications, if any. Be sure to indicate whether the parties have entered into a case management plan and list the relevant dates. The Summary is not a vehicle for arguing the merits of disputed issues and should be brief. If the defendant in this case has not yet appeared, the plaintiff should indicate this fact and need not make a joint submission. Parties in cases involving an incarcerated pro se litigant need not make a joint submission. Should matters arise prior to the reassignment, parties are directed to review the previously issued Notice to Parties with Pending Civil Cases Before Judge Casey, available at www.nysd.uscourts.gov and follow the directions therein. (Signed by Judge Kimba M. Wood on 05/16/2007) (mj) (Entered: 05/24/2007)

May 17, 2007

May 17, 2007

PACER
288

NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Richard C. Casey is no longer assigned to the case. (laq) (Entered: 05/23/2007)

May 21, 2007

May 21, 2007

PACER

Mailed notice to the attorney(s) of record. (laq)

May 23, 2007

May 23, 2007

PACER

Received returned mail re: 289 Order. Mail was addressed to Louis Milburn of Green Haven Correctional Facility at Drawer B, Stormville, NY 12582 and was returned for the following reason(s): released. (tve)

May 29, 2007

May 29, 2007

PACER
290

MEMORANDUM AND ORDER: for reasons further set fort in said Order, defendants' 281 Motion to Dismiss William Pabon's complaint for contempt is GRANTED. (Signed by Judge Loretta A. Preska on 9/20/07) Copies Mailed by Chambers. (db) (Entered: 09/25/2007)

Sept. 24, 2007

Sept. 24, 2007

PACER

Transmission to Judgments and Orders Clerk. Transmitted re: 290 Order on Motion to Dismiss to the Judgments and Orders Clerk. (db)

Sept. 24, 2007

Sept. 24, 2007

PACER
291

APPLICATION OF JAMES WEST: In light of the conflicting hearing testimony as to the existence and extent of any injury to Mr. West resulting from a denial of physical therapy to his lower extremities, the motion to set the amount of compensatory damages, filed on 9/17/04, is denied. Counsel shall confer and inform the Court by letter how they propose to proceed. (Signed by Judge Loretta A. Preska on 9/20/07) (dle) Copies mailed by chambers. Modified on 9/25/2007 (Lewis, Diahann). (Entered: 09/25/2007)

Sept. 24, 2007

Sept. 24, 2007

PACER
292

CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated September 20, 2007, defendants motion to dismiss William Pabons complaint for contempt is granted. (Signed by J. Michael McMahon, clerk on 9/25/07) (ml) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

PACER
293

Plaintiff James West's Notice of Motion and Motion for Reconsideration of September 20, 2007 Order denying motion for compensatory damages. (djc) (Entered: 10/09/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
294

MEMORANDUM OF LAW in Support James West's 293 MOTION for Reconsideration. (djc) (Entered: 10/09/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
295

DECLARATION of Gregory M. Starner in Support re: 293 MOTION for Reconsideration. (djc) (Entered: 10/09/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER

Received returned mail re: 292 Clerk's Judgment. Mail was addressed to Louis Milburn of Green Haven Correctional Facility at Drawer B, Stormville, NY 12582 and was returned for the following reason(s): unable to identify. (tve)

Oct. 15, 2007

Oct. 15, 2007

PACER
299

MOTION for an order against defendants for contempt of this Court upon the grounds set forth in the Affidavit of John Vera Moreno. Document filed by John Vera Moreno.(dle) (Entered: 10/09/2008)

Sept. 5, 2008

Sept. 5, 2008

PACER
296

ORDER that in an order dated September 20, 2007, the Court stated in light of the conflicting testimony as to the existence and extent of any injury to Mr. West resulting from a denial of physical therapy to his lower extremities, the motion to set the amount of compensatory damages, filed on September 17, 2004, is denied. Thereafter, plaintiffs counsel moved to reconsider that order, apparently believing that the Court's denial of the motion to set the amount of compensatory damages meant that the Court was setting the amount of damages at zero. To the contrary, it was and remains the Court's view that the amount of damages presents a factual question that can only be resolved by a hearing. Accordingly, the motion to reconsider (dkt. no. 293) is denied. Counsel shall confer as to how they propose to proceed with respect to a hearing on the amount of damages, if any, to be awarded to plaintiff as a result of the denial of physical therapy to his lower extremities and shall report to the Court by letter no later than October 7, 2008. (Signed by Judge Loretta A. Preska on 9/23/08) Copies Mailed By Chambers. (pl) (Entered: 09/23/2008)

Sept. 23, 2008

Sept. 23, 2008

PACER

Set/Reset Scheduling Order Deadlines: Status Report due by 10/7/2008. (pl)

Sept. 23, 2008

Sept. 23, 2008

PACER
297

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 10/7/2008 re: Counsel writes on behalf of all parties to request that the Court afford the parties until 10/21/2008 to continue their discussions regarding the possible resolution of this matter. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 10/7/2008) (tve) (Entered: 10/08/2008)

Oct. 8, 2008

Oct. 8, 2008

PACER
298

ENDORSED LETTER addressed to Judge Victor Marrero from Brendan Collins dated 10/7/2008 re: Counsel writes requesting to move for summary judgment in the above-captioned matter. ENDORSEMENT: Defendant is directed to respond by 10-14-2008 to the request of plaintiff set forth above. (Signed by Judge Victor Marrero on 10/8/2008) (tve) (Entered: 10/08/2008)

Oct. 8, 2008

Oct. 8, 2008

PACER
300

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 10/20/08 re: Counsel requests that they be given until November 14, 2008 to file and serve any opposition papers and that plaintiff be given until December 5, 2008, to reply. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 10/21/08) (mme) (Entered: 10/22/2008)

Oct. 22, 2008

Oct. 22, 2008

PACER
301

ENDORSED LETTER addressed to Judge Loretta A. Preska from Gregory M. Starner dated 10/21/08 re: Counsel requests that this court schedule a conference at which date parameters for the evidentiary hearing can be discussed. ENDORSEMENT: Counsel shall appear at a conference on November 19, 2008 at 9:00 a.m., ( Status Conference set for 11/19/2008 at 09:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 10/22/08) (mme) (Entered: 10/22/2008)

Oct. 22, 2008

Oct. 22, 2008

PACER
302

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 11/13/2008 re: Counsel respectfully request an additional extension of time to respond to plaintiff's motion for contempt until November 25, 2008 to file and serve defendant's opposition. Accordingly, counsel ask that plaintiff be given until December 16, 2008 to reply. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 11/13/2008) Copies Faxed By Chambers. (jfe) (Entered: 11/17/2008)

Nov. 17, 2008

Nov. 17, 2008

PACER
303

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 11/24/08 re: Counsel for Defendant request that Defendants time to respond to plaintiff's motion be extended to 12/5/08 and plaintiff be given until 1/9/09. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 11/25/08) (tro) Copies Faxed By Chambers. (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

PACER
304

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 11/21/08 re: The parties propose that they submit the pre-hearing submissions required by Your Honor's individual rules for a bench trial, except for a trial memorandum of law, by 12/19/08. The parties propose that they submit the trial memorandum two week prior to the date the Court chooses for the hearing. ENDORSEMENT: The hearing shall be on February 17 and 18, 2009 at 10:00 a.m. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/25/08) (tro) Copies Faxed By Chambers. (Entered: 11/26/2008)

Nov. 26, 2008

Nov. 26, 2008

PACER
305

ENDORSED LETTER: addressed to Judge Loretta A. Preska from Susan H. Odessky dated 12/4/08 re: Counsel for defendants request that defendants be given until December 12, 2008 to submit their response to plaintiff's motion and that plaintiff be given until January 9, 2009 to reply. ENDORSEMENT: So Ordered. ( Replies due by 1/9/2009., Responses due by 12/12/2008) (Signed by Judge Loretta A. Preska on 12/5/08) (js) (Entered: 12/08/2008)

Dec. 5, 2008

Dec. 5, 2008

PACER
306

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 12/12/08 re: Counsel requests that defendants be given until Wednesday, December 17, 2008 to submit their response to plaintiffs motion and that plaintiff be given until January 16, 2009 to reply. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 12/15/08) (mme) (Entered: 12/16/2008)

Dec. 16, 2008

Dec. 16, 2008

PACER
307

ENDORSED LETTER addressed to Judge Laura T. Swain from Susuan H. Odesky dated 12/17/2008 re: Counsel writes requesting that defendants be permitted to submit their opposition by 1/2/2009 and that plaintiff have until 1/30/2009 to submit a reply. ENDORSEMENT: SO ORDERED. ( Replies due by 1/30/2009. Responses due by 1/2/2009) (Signed by Judge Loretta A. Preska on 12/17/2008) Copies Faxed By Chambers. (tve) Modified on 1/15/2009 (tve). (Entered: 12/18/2008)

Dec. 18, 2008

Dec. 18, 2008

PACER
308

PRETRIAL ORDER: The parties propose that on February 2, 2009, which is 15 days prior to the hearing scheduled for February 17-18, they submit an amended and final joint list of witnesses, deposition designations, and exhibits to be used at the hearing. Pursuant to this Court's Order dated November 25, 2008, and Your Honor's instructions during the conference on November 19, 2008, the parties also propose to submit any motions in limine and pretrial memoranda, as necessary, on February 2, 2009. Fact discovery should be completed soon, but it is difficult for the parties now to identify a firm date for its completion. Accordingly, the parties propose that they be permitted to request an adjournment of these dates as necessary as more information becomes available, or request that the Court schedule a stats conference to discuss the same. This matter is to be tried by the Court without a jury. The parties expect that the trial will be no more than two days long. The parties have not agreed that this matter should be tried by a Magistrate Judge. (Signed by Judge Loretta A. Preska on 12/23/2008) Copies Faxed By Chambers.(jfe) (Entered: 12/23/2008)

Dec. 23, 2008

Dec. 23, 2008

PACER
309

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 1/5/2009 re: Counsel respectfully request that defendants time to respond to the motion be extended for one week until January 12, 2009. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 1/6/2009) Copies Faxed By Chambers.(jfe) (Entered: 01/07/2009)

Jan. 7, 2009

Jan. 7, 2009

PACER

Set/Reset Deadlines: Responses due by 1/12/2009 (jfe)

Jan. 7, 2009

Jan. 7, 2009

PACER
310

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 1/12/09 re: Request to finalize opposition to motion by 1/20/09. ENDORSEMENT: SO ORDERED. Set Deadlines/Hearing as to 299 MOTION: (Responses due by 1/20/2009) (Signed by Judge Loretta A. Preska on 1/14/09) Copies Mailed by Chambers.(db) Modified on 1/26/2009 (db). (Entered: 01/15/2009)

Jan. 15, 2009

Jan. 15, 2009

PACER
311

ENDORSED LETTER addressed to Judge Loretta A. Preska from Gregory M. Starner dated 1/15/09 re: Counsel requests an adjournment of the hearing to March 30-31. Furthermore, the parties propose setting the date of March 16 by which to submit any fully briefed motions in limine and the parties' pretrial memoranda as contemplated by this Courts order dated November 25, 2008 and the Judges instructions during the conference on November 19, 2009. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 1/16/09) (mme) (Entered: 01/20/2009)

Jan. 20, 2009

Jan. 20, 2009

PACER
312

ENDORSED LETTER: addressed to Judge Loretta A. Preska from Gregory M. Starner dated 2/24/09 re: The parties are requesting a brief adjournment of the hearing currently scheduled for March 30-31 to June 8-9. To the extent the Court grants the proposed adjournment, the parties propose the following schedule for completing expert discovery and proceeding to the damages hearing initial reports will be exchanged by April 14, with any rebuttal expert reports exchanges by May 1 and any expert depositions completed by May 15. Pretrial memoranda and any fully briefed motions in limine would be submitted to the Court by may 25, 2009. ENDORSEMENT: So Ordered. ( Deposition due by 5/15/2009. Motions due by 5/25/2009.) (Signed by Judge Loretta A. Preska on 2/26/09) Copies Faxed By Chambers (js) (Entered: 02/27/2009)

Feb. 27, 2009

Feb. 27, 2009

PACER
313

ORDER: Following John Vera Moreno's motion for a contempt order for a violation of the consent decree [dkt. no. 299] in the above entitled action, defendant has requested numerous extensions of the time within which to answer. All such extensions have now elapsed, and no response has been filed. If a response is not filed by March 31, 2009, Mr. Moreno's application for a contempt order will be considered sub judice. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/23/2009) Copies Mailed By Chambers.(tve) (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

PACER
314

MEMORANDUM OF LAW in Opposition re: 299 MOTION FOR AN ORDER FOR CONTEMPT. Document filed by Henry S. Dogin, Patricia Harris, David R Harris, Thomas A. Coughlin, III. (pl) Modified on 4/1/2009 (pl). (filed in night deposit on 3/31/09 at 8:54pm). (Entered: 04/01/2009)

March 31, 2009

March 31, 2009

PACER
315

DECLARATION of Susan H. Odessky in Opposition re: 299 MOTION for Contempt. Document filed by Henry S. Dogin, Patricia Harris, David R Harris, Thomas A. Coughlin, III. (filed in night deposit on 3/31/09 at 8:54pm). (pl) (Entered: 04/01/2009)

March 31, 2009

March 31, 2009

PACER
316

SCHEDULING ORDER: Mr. John Vera Moreno may file a reply to Defendants' Memorandum of Law in Opposition no later than 4/24/09. (Signed by Judge Loretta A. Preska on 4/6/09) (tro) Copies Mailed By Chambers. (Entered: 04/06/2009)

April 6, 2009

April 6, 2009

PACER
317

ENDORSED LETTER addressed to Judge Loretta A. Preska from John Vera Moreno dated 4/27/2009 re: requesting an extension of time until four weeks after such access is granted by this Court, in order for plaintiff to be able to respond to Ms. Odessky responses dated 3/31 and 4/2/2009. ENDORSEMENT: Mr. Moreno's time to respond to Defendants' papers is extended to 6/4. Mr. Moreno shall have normal access to the law library in light of the date for his response. (Signed by Judge Loretta A. Preska on 5/4/2009) Copies Mailed to Plaintiff By Chambers.(jar) (Entered: 05/04/2009)

May 4, 2009

May 4, 2009

PACER

Set Deadlines/Hearings: Replies due by 6/4/2009. (jar)

May 4, 2009

May 4, 2009

PACER
318

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan Odessky dated 5/2/09 re: The parties request that the Court adjourn the hearing until a date in 9/09. ENDORSEMENT: The hearing is adjourned to 11/2/09 at 10:00 am. ( Evidentiary Hearing reset for 11/2/2009 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 6/2/09) (cd) (Entered: 06/05/2009)

June 5, 2009

June 5, 2009

PACER
319

ENDORSED LETTER addressed to Judge Loretta A. Preska from John Vera Moreno dated 6/26/2009 re: Plaintiff writes requesting an additional extension of time to respond to defendants' motion for Contempt and to Amend Complaint and Relief requested. ENDORSEMENT: Plaintiff's time to respond to the State's papers is extended to 7/31/2009. So ordered. (Signed by Judge Loretta A. Preska on 7/8/2009) Copies Mailed By Chambers. (tve) Modified on 7/9/2009 (tve). (Entered: 07/08/2009)

July 8, 2009

July 8, 2009

PACER
320

ORDER: While the Court reserves decision on Plaintiff's contempt motion until Plaintiff files his reply papers, Plaintiff's request for appointment of counsel is accordingly denied. (Signed by Judge Loretta A. Preska on 7/9/2009) Copies Mailed By Chambers.(jfe) (Entered: 07/09/2009)

July 9, 2009

July 9, 2009

PACER
321

ORDER denying 299 Motion. Plaintiff's motion for contempt [dkt. no. 299] is DENIED as premature pending each party's presenting additional evidence on the issue of whether or not surgery was ever recommended to remove Plaintiff's brain tumor. The parties will present their evidence at an evidentiary hearing to take place on January 12, 2010 at 10:00 a.m. in Courtroom 12A, 500 Pearl Street, New York, New York. Finally, in its July 9, 2009 Order, this Court found that Plaintiff's chances of success are slight. While this Court's opinion of Plaintiff's chances has not changed, given the complex nature of an evidentiary hearing, I hereby VACATE the July 9, 2009 Order [dkt. no. 320] and ORDER that counsel be appointed to Plaintiff to assist him in conducting the January 12 hearing. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/17/2009) Copies Mailed By Chambers.(tve) (Entered: 09/17/2009)

Sept. 17, 2009

Sept. 17, 2009

PACER

Set/Reset Hearings: Evidentiary Hearing set for 1/12/2010 at 10:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. (tve)

Sept. 17, 2009

Sept. 17, 2009

PACER
322

ENDORSED LETTER addressed to Judge Loretta A. Preska from Gregory Starner dated 10/29/09 re: counsel for plaintiff and defendants jointly request that the evidentiary hearing be adjourned. ENDORSEMENT: The November 2 hearing is adjourned to 1/26/10 and 1/27/10 at 10:00 a.m. So Ordered. (Signed by Judge Loretta A. Preska on 10/29/09) Copies faxed by chambers. (dle) Modified on 11/6/2009 (dle). (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

PACER
323

FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF APPEARANCE by Danielle Feldman Tarantolo on behalf of John Vera Moreno (Tarantolo, Danielle) Modified on 1/15/2010 (jar). (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

PACER
324

FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF APPEARANCE by Elizabeth Austin Edmondson on behalf of John Vera Moreno (Edmondson, Elizabeth) Modified on 1/15/2010 (jar). (Entered: 01/14/2010)

Jan. 14, 2010

Jan. 14, 2010

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Danielle Tarantolo to MANUALLY RE-FILE Document Notice of Appearance, Document No. 323. This case is not ECF. (jar)

Jan. 14, 2010

Jan. 14, 2010

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Elizabeth Edmondson to MANUALLY RE-FILE Document Notice of Appearance, Document No. 324. This case is not ECF. (jar)

Jan. 14, 2010

Jan. 14, 2010

PACER
325

NOTICE OF APPEARANCE by Susan Joan Kohlmann on behalf of John Vera Moreno. (mbe) (Entered: 01/19/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
326

NOTICE OF APPEARANCE by Danielle Feldman Tarantolo on behalf of John Vera Moreno. (mbe) (Entered: 01/19/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
327

NOTICE OF APPEARANCE by Elizabeth Austin Edmondson on behalf of John Vera Moreno. (mbe) (Entered: 01/19/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
328

ENDORSED LETTER addressed to Judge Loretta. Preska from Danielle F. Tarantolo dated 1/12/2010 re: Requesting an adjournment of the evidentiary hearing on plaintiff John Vera Moreno's Motions for Contempt, which waws originally scheduled for January 12, 2010. ENDORSEMENT: The hearing will commence on May 5 at 10:00 am. in Courtroom 12A at 500 Pearl Street. Counsel shall confer and inform the Court promptly of the expected duration of the hearing. Counsel shall confer and file by April 14 pre-trial order existing witnesses they intend to call and items other than plaintiff's medical records that they intend to offer into evidence. A final pre-trial conference shall be held on April 15, 2010 at 9:00 a.m. (Signed by Judge Loretta A. Preska on 1/14/2010) Faxed Copies By Chambers (jpo) Modified on 1/19/2010 (jpo). (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
329

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 1/22/10 re: counsel's joint request that the evidentiary hearing schedule for January 26, 2010 be adjourned in order that the parties may attempt to reach a resolution of this matter. ENDORSEMENT: Counsel shall confer and inform the Court by letter no later than February 15 of the status of the matter. (Signed by Judge Loretta A. Preska on 1/22/10) (djc) (Entered: 01/22/2010)

Jan. 22, 2010

Jan. 22, 2010

PACER
330

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 2/16/2010 re: The parties respectfully request that they be given until March 22, 2010 to advise the Court of the Status of this matter. ENDORSEMENT: SO ORDERED. ( Status Report due by 3/22/2010.) (Signed by Judge Loretta A. Preska on 2/17/2010) (jmi) (Entered: 02/17/2010)

Feb. 17, 2010

Feb. 17, 2010

PACER
331

SCHEDULING ORDER: 5/5/10 evidentiary hearing reset for 5/26/2010 at 10:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. 4/15/10 Final Pretrial Conference reset for 5/11/2010 at 09:00 AM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 3/3/10) (cd) (Entered: 03/03/2010)

March 3, 2010

March 3, 2010

PACER
332

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 3/22/10 re: the parties respectfully request that they be given until April 26, 2010 to advise the Court of the state of this matter. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 3/24/10) Copies Faxed by Chambers.(pl) Modified on 4/2/2010 (pl). (Entered: 03/25/2010)

March 25, 2010

March 25, 2010

PACER
333

ENDORSED LETTER addressed to Judge Loretta A. Preska from John Vera Moreno dated 4/19/10 re: plaintiff requests an Order granting plaintiff access to the necessary Law Library time. ENDORSEMENT: Ms. Odessky shall inquire and inform the Court promptly by letter why Mr. Moreno's law library time was decreased, as set out above. (Signed by Judge Loretta A. Preska on 4/16/10); Copies mailed by Chambers. (djc) Modified on 4/19/2010 (djc). (Entered: 04/19/2010)

April 16, 2010

April 16, 2010

PACER
334

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 4/26/2010 re: The parties request that they be given until 5/27/10 to advise the Court of the status of this action. ENDORSEMENT: SO ORDERED. (Status Report due by 5/27/2010.) (Signed by Judge Loretta A. Preska on 4/28/2010) (tro) (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

PACER
335

ENDORSED LETTER: addressed to Judge Loretta A. Preska from Danielle F. Tarantolo dated 4/29/2010 re: Counsel for movant requests a one month adjournment of the pre-trial conference and hearing date, subject to the court's availability. ENDORSEMENT: the final pre trial conference is adjourned to July 1 at 3:00 p.m. The hearing is adjourned to July 12 at 10:00 a.m. If all documents are not produced by April 30, counsel shall notify the Court by letter immediately. So Ordered. (Signed by Judge Loretta A. Preska on 4/29/2010) Copies Faxed by Chambers.(js) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
336

ENDORSED LETTER addressed to Judge Loretta A. Preska from Danielle F. Tarantolo dated 5/7/2010 re: Counsel writes to inform the Court of how counsel will proceed with regard to the missing documents and to advise of their intentions. ENDORSEMENT: All of the above is SO ORDERED. (Signed by Judge Loretta A. Preska on 5/11/2010) Copies Faxed By Chambers. (tve) Modified on 5/13/2010 (tve). (Entered: 05/12/2010)

May 12, 2010

May 12, 2010

PACER
337

ENDORSED LETTER addressed to Judge Loretta A. Preska from Gregory M. Starner dated 6/4/2010 re: The parties request that the Court schedule an evidentiary hearing in the above referenced action. ENDORSEMENT: Counsel shall appear for a hearing on 9/9 at 10:00 am. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/7/2010) Copies Faxed By Chambers. (tve) Modified on 6/8/2010 (tve). (Entered: 06/08/2010)

June 8, 2010

June 8, 2010

PACER
338

ORDER: Defendants shall produce all outstanding documents, including the security log detailed in Response No.2, to Plaintiff's counsel no later than June 16, 2010; The deponent from Green Haven shall be produced, at Plaintiff's counsel's convenience within one wek after June 17, 2010; The deponent from Sing Sing and the deponent from Coxsackie shall be jointly produced only if Plaintiff's counsel consents. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/11/2010) (tve) (Entered: 06/11/2010)

June 11, 2010

June 11, 2010

PACER
339

SCHEDULING ORDER: It is hereby ORDERED that the evidentiary hearing is scheduled to commence in courtroom 12A, United States Courthouse, 500 Pearl Street, New York, New York, on July 12, 2010 at 10:00 A.M. in the above captioned action, is adjourned to August 19, 2010 at 10:00 A.M. The final pretrial conference scheduled for July 1, 2010 at 3:00 P.M. is adjourned to August 3, 2010 at 9:00 A.M. (Signed by Judge Loretta A. Preska on 7/1/2010) (jfe) (Entered: 07/02/2010)

July 1, 2010

July 1, 2010

PACER

Set/Reset Hearings: Evidentiary Hearing set for 8/19/2010 at 10:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. Final Pretrial Conference set for 8/3/2010 at 09:00 AM before Judge Loretta A. Preska. (jfe)

July 1, 2010

July 1, 2010

PACER
340

ENDORSED LETTER addressed to Judge Loretta A. Preska from Danielle F. Tarantolo dated 7/29/10 re: counsel requests that the time to submit the pretrial order be adjourned to a date to be determined at the August 3 conference. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 7/29/10) (djc) Modified on 8/3/2010 (djc). (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

PACER
341

ENDORSED LETTER addressed to Judge Loretta A. Preska from Elizabeth A. Edmondson dated 8/4/10 re: parties conferred and, based on the court's guidance, have agreed to the following deadlines in connection wth the upcoming evidentiary hearing: August 19: Jenner & Block conducts depositions of Elizabeth Sunita and Shawna Healy; September 1: Parties submit deposition designations and trial exhibit lists to opposing counsel; September 7: Parties submit motions in limine to opposing counsel; September 8: Parties submit deposition designations (with objections), trial exhibits (with objections) to the Court; September 13: Parties submit oppositions to motions in limine to opposing counsel; September 15: Parties submit joint pretrial order, pretrial memoranda, and fully briefed motions in limine to the Court; September 22, 9:00 a.m. (and if necessary, September 23): Court conducts evidentiary hearing; September 30: Parties submit post-trial memoranda to the Court. ENDORSEMENT: SO ORDERED. ( Pretrial Order due by 9/15/2010, Evidentiary Hearing set for 9/22/2010 at 09:00 AM before Judge Loretta A. Preska and if necessary 9/23/2010 at 09:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 8/4/10) (djc) (Entered: 08/05/2010)

Aug. 4, 2010

Aug. 4, 2010

PACER
342

ENDORSED LETTER addressed to Judge Loretta A. Preska from Gregory M. Starner dated 8/26/10 re: We further request that Mr. West be permitted to bring to MDC his copy of the Koran and his cassette player, which he refers to as his "cassette player for the blind and physically handicapped. " Thank you for consideration of this matter. ENDORSEMENT: Arrangements have been made for Mr. West's Koran and cassette player. Counsel shall submit their pre-hearing papers (including courtesy copies) no later than 4:00 pm on September 3. (Signed by Judge Loretta A. Preska on 8/31/10) (pl) Copies faxed by chambers. Modified on 8/31/2010 (pl). Modified on 9/3/2010 (rw). (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

PACER
343

ENDORSED LETTER addressed to Judge Loretta A. Preska from Gregory M. Starner dated 9/7/2010 re: Pro Bono Counsel for the Plaintiff James West requests that the Court briefly adjourn the upcoming damages hearing so that we may address the conditions of Mr. West's detention at MDC and properly prepare Mr. West for the hearing. ENDORSEMENT: The hearing is adjourned to 9/27/2010 at 9:00 a.m. ( Status Conference set for 9/27/2010 at 09:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 9/8/2010) "Copies Faxed By Chambers"(ae) Modified on 9/16/2010 (ae). (Entered: 09/08/2010)

Sept. 8, 2010

Sept. 8, 2010

PACER
344

DEFENDANTS' PRE-TRIAL MEMORANDUM OF LAW. Document filed by Thomas A. Coughlin, III, Henry S. Dogin, David R Harris, Patricia Harris. (mro) (Entered: 09/16/2010)

Sept. 16, 2010

Sept. 16, 2010

PACER
345

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 9/30/2010 re: Requesting a one day extension until October 1, 2010 to file the Proposed Findings of Fact and Conclusions of Law. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 10/1/2010) Copies Faxed By Chambers. (jpo) (Entered: 10/04/2010)

Oct. 4, 2010

Oct. 4, 2010

PACER
346

DEFENDANTS' PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Thomas A. Coughlin, III, Henry S. Dogin, David R Harris, Patricia Harris.(mro) (Entered: 10/05/2010)

Oct. 5, 2010

Oct. 5, 2010

PACER
347

FINDINGS OF FACT AND CONCLUSIONS OF LAW: Counsel shall confer and inform the Court by letter no later than October 22, 2010 how they propose to proceed. So Ordered (Signed by Judge Loretta A. Preska on 10/15/2010) Copies Mailed By Chambers. (js) (Entered: 10/18/2010)

Oct. 15, 2010

Oct. 15, 2010

PACER

Set Deadlines/Hearings: Status Report due by 10/22/2010. (js)

Oct. 15, 2010

Oct. 15, 2010

PACER
348

ENDORSED LETTER addressed to Judge Loretta A. Preska from Susan H. Odessky dated 10/20/10 re: The Clerk scheduled a pre-hearing conference with the Court for December 16, 2010 at 2:00 p.m. In the event that the parties reach a resolution of the matter prior to that time, they will immediately inform the Court. ENDORSEMENT: So ordered. (Conference set for 12/16/2010 at 02:00 PM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 10/20/10). Copies Faxed by Chambers. (rjm) Modified on 10/21/2010 (rjm). (Entered: 10/21/2010)

Oct. 21, 2010

Oct. 21, 2010

PACER
349

TRANSCRIPT of proceedings held on 09/22/2010 at 10:15 a.m. before Judge Loretta A. Preska. (lnl) (Entered: 10/26/2010)

Oct. 26, 2010

Oct. 26, 2010

PACER

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: Sept. 25, 1979

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All people who were or will be incarcerated at Green Haven Correctional Facility

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York Department of Correctional Services, State

State of New York, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $208,900

Order Duration: 1982 - None

Content of Injunction:

Follow recruitment, hiring, or promotion protocols

Goals (e.g., for hiring, admissions)

Monitor/Master

Monitoring

Other requirements regarding hiring, promotion, retention

Reasonable Accommodation

Recordkeeping

Reporting

Issues

General:

Access to lawyers or judicial system

Aggressive behavior

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Conditions of confinement

Confidentiality

Confinement/isolation

Failure to discipline

Failure to supervise

Grievance Procedures

Record-keeping

Records Disclosure

Sexual abuse by residents/inmates

Staff (number, training, qualifications, wages)

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Medical/Mental Health:

Dental care

Medical care, general

Medical care, unspecified

Untreated pain

COVID-19:

Mitigation Requested

Type of Facility:

Government-run