Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: Byrd v. Goord

1:00-cv-02135 | U.S. District Court for the Southern District of New York

Filed Date: March 21, 2000

Case Ongoing

Clearinghouse coding complete

Case Summary

On 03/21/2000, a group of family members, legal counsel and others who received collect telephone calls from New York state inmates filed a lawsuit in the U.S. District Court for the Southern District of New York. (The case was a companion action to state court litigation which appears in the Civil Rights Litigation Clearinghouse as case PC-NY-49.) The defendants were state prison administrators and the telephone service provider (MCI), which had an exclusive contract with the state to provid…

On 03/21/2000, a group of family members, legal counsel and others who received collect telephone calls from New York state inmates filed a lawsuit in the U.S. District Court for the Southern District of New York. (The case was a companion action to state court litigation which appears in the Civil Rights Litigation Clearinghouse as case PC-NY-49.) The defendants were state prison administrators and the telephone service provider (MCI), which had an exclusive contract with the state to provide telephone service in its' prisons. The plaintiffs, relying on 42 U.S.C. § 1983, were represented by attorneys for the Center for Constitutional Rights and private counsel. Complaining of excessively high rates for these collect calls and of a lack of options for alternate telephone service, as well as the high commission (nearly 60% of gross revenues) paid by MCI to the state under the contract, the plaintiffs asserted that their constitutional rights under the First and Fourteenth Amendments had been violated, specifically their rights of freedom of association and to contract, as well as rights to due process and to equal protection of law. Plaintiffs also alleged anti-trust and tortuous interference with contract claims.

The defendants filed motions to dismiss the federal case, which were decided on August 29, 2005. In an unpublished order in Byrd v. Goord, District Judge George B. Daniels granted the state's motions to dismiss the plaintiffs' challenges to the exclusive services contract and to the collect call-only system, but he denied dismissal of the constitutional claims relating to the high-percentage commissions the state received under the contract. He also granted MCI's motion to be dismissed from the case, finding that the plaintiffs' claim against the company basically attacked its rates, an attack precluded by the filed rate doctrine. The court's ruling was followed by discovery proceedings, further motions and an effort to have the case certified as a class action.

Meanwhile, a new governor took office on January 8, 2007, and ordered that the commission received by the state prison system be eliminated by April 1, 2007. The telephone service contract was restructured to comply with the governor's directive. The defendants moved to dismiss the case as moot. On September 26, 2007, in an unpublished order, Judge Daniels granted the defense request, noting also that new state legislation had been enacted which prohibited the prison system from accepting or receiving revenue in excess of reasonable operating costs for providing telephone services for prisoners. Likewise, the judge ruled that the request for class certification was moot.

We have no information suggesting further activity in the case.

Summary Authors

Mike Fagan (5/1/2008)

Related Cases

Walton v. New York State Department of Correctional Services, New York state trial court (2004)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4892435/parties/byrd-v-goord/


Judge(s)

Daniels, George B. (New York)

Attorneys(s) for Plaintiff

FitzPatrick, Brian T. (New York)

Goodman, William Harry (New York)

Jaffe, Susan M. (New York)

Maimon, Moshe (New York)

Meeropol, Rachel (New York)

Olshansky, Barbara J. (New York)

Perry, Robert Thomas (New York)

Attorneys(s) for Defendant

Duncan, Patrick C. Jr. (New York)

Schulman, Steven Neil (New York)

Judge(s)

Daniels, George B. (New York)

Attorneys(s) for Plaintiff

FitzPatrick, Brian T. (New York)

Goodman, William Harry (New York)

Jaffe, Susan M. (New York)

Maimon, Moshe (New York)

Meeropol, Rachel (New York)

Olshansky, Barbara J. (New York)

Perry, Robert Thomas (New York)

Attorneys(s) for Defendant

Duncan, Patrick C. Jr. (New York)

Schulman, Steven Neil (New York)

Documents in the Clearinghouse

Document

1:00-cv-02135

Docket (PACER)

Feb. 25, 2007

Feb. 25, 2007

Docket
35

1:00-cv-02135

Memorandum Opinion and Order

Aug. 29, 2005

Aug. 29, 2005

Order/Opinion

1:00-cv-02135

Memorandum Decision and Order

Sept. 27, 2007

Sept. 27, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4892435/byrd-v-goord/

Last updated Sept. 6, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 369639. (em) (Entered: 03/23/2000)

March 21, 2000

March 21, 2000

PACER
2

RULE 1.9 CERTIFICATE filed by Mary Byrd, Carole Bullard, Calvin O. Butts III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux, Norma Boothe-Dixon, William Moses Kunstler Fund, Elizabeth Fink. (em) (Entered: 03/24/2000)

March 21, 2000

March 21, 2000

PACER

Magistrate Judge Andrew J. Peck is so Designated. (em)

March 21, 2000

March 21, 2000

PACER
3

Affidavit of service of the Court's Notice of Conference filed by pltffs, upon counsel for deft by fax and by mail on 4/6/00. (sn) (Entered: 04/10/2000)

April 7, 2000

April 7, 2000

PACER
4

ORDER; reset answer due for 5/23/00 for MCI Worldcom, Inc., for MCI Telecomm. . The parties are reminded that a conference will be held on 4/24/00 at 9:15 AM in Room 21B, 500 Pearl St. . ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (sn) (Entered: 04/12/2000)

April 11, 2000

April 11, 2000

PACER
5

ORDER; that the time in which defts H. Carl McCall, Eliot L. Spitzer, and Glenn S. Goord are to answer or move with respect to the complaint is extended to 5/23/00 ; the parties are reminded that a conference will be held on 4/24/00 at 9:15 a.m. in Room 21B of the U.S. Courthouse, 500 Pearl Street . ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (jp) (Entered: 04/18/2000)

April 18, 2000

April 18, 2000

PACER
6

ORDER; Leave to file an amended complaint is granted ; Plaintiffs are to serve their amended complaint by 05/05/00; Defendants are to serve their motions to dismiss the amended complaint by 05/26/00; Answering papers and a cross-motion for a preliminary injunction are to be served by 07/21/00; A reply as to defendants' motions and answering papers as the cross-motion are to be served by 08/25/00; A reply as to the cross-motion may be served by 09/08/00 ; A conference will be held on 09/12/00 at 9:15 a.m. in Room 21B of the United States Courthouse, 500 Pearl Street, NY, NY 10007 to determine whether an evidentiary hearing is necessary in connection with plaintiffs' preliminary injunction motion and the length and scope of that hearing. The parties may proceed with discovery. The Court, if necessary, will establish a schedule for the completion of discovery, the submission of a pre-trial order and accompanying material and the placement of the case on the ready calendar after the Court decides the parties' motions. (signed by Chief Judge Michael B. Mukasey); Copies mailed. (djc) (Entered: 04/26/2000)

April 26, 2000

April 26, 2000

PACER
7

Notice of reassignment to Judge George B. Daniels . Copy of notice and judge's rules mailed to Attorney(s) of record: Robert T. Perry, Barbara J. Olshansky, Susan M. Jaffe, Brian T. FitzPatrick, Moshe Maimon, Robert T. Perry . (jp) (Entered: 05/16/2000)

May 15, 2000

May 15, 2000

PACER
8

AMENDED CLASS ACTION COMPLAINT by Mary Byrd, Carole Bullard, Calvin O. Butts III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux, Norma Boothe-Dixon, William M. Kunstler, Elizabeth Fink (Answer due 6/5/00 for MCI Telecomm., for MCI Worldcom, Inc., for H. Carl McCall, for Eliot L. Spitzer, for Glenn S. Goord ) amending [1-1] complaint; Summons issued. Demand for Jury Trial. (ri) Modified on 05/23/2000 (Entered: 05/23/2000)

May 22, 2000

May 22, 2000

PACER
9

Memo-Endorsement on letter addressed to Judge Daniels from David J. Fried, dated 5/19/00. Re: defendants requests leave to file a supporting memorandum to the motion to dismiss in excess of 25 pages; governmental defendants' application to file a supporting memorandum to the motion to dismiss not to exceed 35 pages, is granted . ( signed by Judge George B. Daniels ); Copies mailed. (pl) Modified on 05/30/2000 (Entered: 05/25/2000)

May 24, 2000

May 24, 2000

PACER
10

Memo-Endorsement on letter addressed to Judge Daniels from David Fernandez, dated 5/24/00; counsel for deft WorldCom writes to request leave to file an overlength brief of up to 35 pages. Deft WorldCom's application to file a brief not to exceed 35 pages, is granted . ( signed by Judge George B. Daniels ); Copies mailed. (jp) (Entered: 05/26/2000)

May 25, 2000

May 25, 2000

PACER
11

NOTICE OF MOTION by Glenn S. Goord, Eliot L. Spitzer, H. Carl McCall for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6) ; Return date not indicated. (docmt received in night dep. on 05/26/00 at 5:36 p.m.) (djc) Modified on 05/30/2000 (Entered: 05/30/2000)

May 26, 2000

May 26, 2000

PACER
12

AFFIRMATION of David J. Fried by Glenn S. Goord, Eliot L. Spitzer, H. Carl McCall in Support of [11-1] motion for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6); (docmt received in in night dep. on 05/26/00 at 5:36 p.m.) (djc) (Entered: 05/30/2000)

May 26, 2000

May 26, 2000

PACER
13

MEMORANDUM OF LAW by Glenn S. Goord, Eliot L. Spitzer, H. Carl McCall in support of [11-1] motion for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6); (docmt received in night dep. on 05/26/00 at 5:36 p.m.) (djc) (Entered: 05/30/2000)

May 26, 2000

May 26, 2000

PACER
14

NOTICE OF MOTION by MCI Worldcom, Inc., MCI Telecomm. purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint . No return date indicated. (sn) (Entered: 05/30/2000)

May 26, 2000

May 26, 2000

PACER
15

CERTIFICATION of David Fernandez by MCI Worldcom, Inc., MCI Telecomm. in support Re: [14-1] motion purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint. (sn) (Entered: 05/30/2000)

May 26, 2000

May 26, 2000

PACER
16

BRIEF by MCI Worldcom, Inc., MCI Telecomm. in support of dismissing pltffs' complaint. (sn) (Entered: 05/30/2000)

May 26, 2000

May 26, 2000

PACER
17

NOTICE OF MOTION by MCI Worldcom, Inc., MCI Telecomm. for David Fernandez, Esq., to appear pro hac vice ; Return date not indicated. (djc) (Entered: 06/26/2000)

June 23, 2000

June 23, 2000

PACER
18

ORDER, plaintiffs' response to motion reset to 7/28/00 for [14-1] motion purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint, and reset to 7/28/00 for [11-1] motion for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6) ; defendants' reply to response to motion reset to 9/8/00 for [14-1] motion purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint, and reset to 9/8/00 for [11-1] motion for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6) . ( Signed by Judge George B. Daniels ). Copies mailed. (kw) (Entered: 07/25/2000)

July 24, 2000

July 24, 2000

PACER
19

Memo-Endorsement on letter addressed to Judge Daniels from Brian T. FitzPatrick, dated 7/26/00; counsel for the pltff writes to request leave to file a supporting memorandum in excess of 25 pages. Pltffs motion to file a brief in excess of the 25 page limit ordinarily imposed by this Court is granted to the extent that a brief no longer than 70 pages may be filed . ( signed by Judge George B. Daniels ); Copies mailed. (jp) (Entered: 07/28/2000)

July 28, 2000

July 28, 2000

PACER
20

MEMORANDUM OF LAW by Mary Byrd, Carole Bullard, Calvin O. Butts III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux, Norma Boothe-Dixon, William M. Kunstler, Elizabeth Fink in opposition to [14-1] motion purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint, [11-1] motion for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6) (filed in night deposit on 7/28/00 @7:32pm) (lam) (Entered: 08/01/2000)

July 28, 2000

July 28, 2000

PACER
21

CERTIFICATE of Brian T. FitzPatrick, atty for Mary Byrd, Carole Bullard, Calvin O. Butts III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux, Norma Boothe-Dixon, William M. Kunstler, Elizabeth Fink in support of [20-1] opposition memorandum (filed in night deposit on 7/28/00 @7:32pm) (lam) (Entered: 08/01/2000)

July 28, 2000

July 28, 2000

PACER
22

BRIEF by MCI Worldcom, Inc., MCI Telecomm. in Further Support of [14-1] motion purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint; (djc) (Entered: 09/19/2000)

Sept. 15, 2000

Sept. 15, 2000

PACER
23

Memo-Endorsement on letter addressed to Judge Daniels from David J. Fried, dated 9/18/00; State deft's motion to file a reply memorandum in further support of their motion to dismiss up to and including 27 pages is granted. ( signed by Judge George B. Daniels ); Copies mailed. (sac) (Entered: 09/21/2000)

Sept. 20, 2000

Sept. 20, 2000

PACER
24

REPLY MEMORANDUM by Glenn s. Goord, Eliot L. Spitzer, H. Carl McCall in further support of their [11-1] motion for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6) (lam) (Entered: 09/26/2000)

Sept. 22, 2000

Sept. 22, 2000

PACER

Oral argument held before Judge George B. Daniels re: [14-1] motion purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint . (lam)

Oct. 27, 2000

Oct. 27, 2000

PACER
25

Transcript of record of proceedings before Judge George B. Daniels for the date(s) of 10/27/00 @9:40am. (lam) (Entered: 12/05/2000)

Dec. 5, 2000

Dec. 5, 2000

PACER
26

Letter filed addressed to Judge Mukasey from Ronald Davidson, dated 5/18/02, re: MCI Action in NY, 00cv2135. Despite repeated letters from me for over a year to the above noted counsel, I have not been provided with responses. Accordingly, I ask that the Court direct Counsel for plaintiffs to advise me of the status of the actions and provide me with copies of the pleadings. (ac) (Entered: 06/06/2002)

May 31, 2002

May 31, 2002

PACER
27

Letter filed by Mary Byrd, Carole Bullard, Calvin O. Butts III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux, Norma Boothe-Dixon, William M. Kunstler, Elizabeth Fink addressed to Hon. George B. Daniels from Moshe Maimon, dated 6/24/02, re: urging Your Honor to deny the pending Rule 12 motions. (sac) (Entered: 07/02/2002)

June 26, 2002

June 26, 2002

PACER
28

NOTICE of filing of bankruptcy by MCI Worldcom, Inc. (moc) (Entered: 07/30/2002)

July 26, 2002

July 26, 2002

PACER
29

Memo-Endorsement on letter addressed to Judge Daniels from Brian T. FitzPatrick, dated 4/22/03. Re: counsel for pltffs request an extension of time to rspond to their position regarding chapter 11 bankruptcy to and including 4/25/03. Application granted . ( signed by Judge George B. Daniels ) (db) (Entered: 05/02/2003)

April 30, 2003

April 30, 2003

PACER
30

ORDER granting 17 Motion for David Fernandez to Appear Pro Hac Vice on behlaf of dfts MCI Worldcom and MCI Telecommunications . (Signed by Judge George B. Daniels on 2/27/04) (dle, ) (Entered: 03/03/2004)

March 1, 2004

March 1, 2004

PACER

Transmission to Attorney Admissions Clerk. Transmitted re: 30 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (dle, )

March 1, 2004

March 1, 2004

PACER
31

Letter addressed to Judge George B. Daniels from Moshe Maimon dated 4/1/04 re: Byrd plaintiffs write to update the court on several matters. Document filed by Mary Byrd.(dle, ) (Entered: 04/21/2004)

April 7, 2004

April 7, 2004

PACER
32

ENDORSED LETTER addressed to Judge George B. Daniels from Patrick Dunican dated 4/29/04 re: granting counsel for MCI's request that it be permitted until 6/3/04 to respond to the letter dated 4/1/04 to the court. (Signed by Judge George B. Daniels on 5/3/04) (dle, ) Modified on 5/4/2004 (dle, ). (Entered: 05/04/2004)

May 4, 2004

May 4, 2004

PACER
33

ENDORSED LETTER addressed to Judge Daniels from Steven N. Schulman dated 04/20/04 re: granting counsel's request for an extension until June 3, 2004 to respond to plaintiff's application to the Court to lift the stay in these proceedings. (Signed by Judge George B. Daniels on 05/03/04) (djc, ) (Entered: 05/04/2004)

May 4, 2004

May 4, 2004

PACER
34

RULE 7.1 DISCLOSURE STATEMENT. Document filed by MCI Worldcom, Inc., MCI Telecommunications Corporation.(mde, ) (Entered: 06/21/2005)

June 16, 2005

June 16, 2005

PACER
35

MEMORANDUM OPINION AND ORDER re: 11 Motion to Dismiss filed by Glenn S. Goord,, H. Carl McCall,, Eliot L. Spitzer,, 14 Motion to Dismiss filed by MCI Telecommunications Corporation,, MCI Worldcom, Inc.,. State defendants' motion to dismiss plaintiffs' claims challenging the exclusive services contract between the state and MCI is granted. State defendants' motion to dismiss plaintiffs' claims alleging the collect-call only system is granted. The state defendants' motion to dismiss plaintiffs' claims challenging the 60% commission is denied. Defendant MCI's motion to dismiss is granted in its entirety (Signed by Judge George B. Daniels on 8/26/05) (yv, ) Modified on 8/29/2005 (yv, ). (Entered: 08/29/2005)

Aug. 26, 2005

Aug. 26, 2005

RECAP
36

CLERK'S JUDGMENT that defendants' motion to dismiss is granted except the State defendants' motion to dismiss plaintiffs' constitutional challenge. (Signed by J. Michael McMahon, Clerk on 8/30/05) (jf, ) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

PACER

Mailed notice of Right to Appeal re: 36 Clerk's Judgment and to Attorney(s) of Record: Patrick C. Duncan, Jr, Brian T. FitzPatrick, Susan M. Jaffe, Moshe Maimon, Barbara J. Olshansky, Robert T. Perry. (tve, )

Aug. 31, 2005

Aug. 31, 2005

PACER

Received returned mail re: 36 Clerk's Judgment. Mail was addressed to Patrick C. Duncan Jr. of Gibbons, Del Deo, Dolan at 125 West 55th Street, 11th Floor, New York, NY 10019 and was returned for the following reason(s): not deliverable as addressed. (tve, )

Sept. 13, 2005

Sept. 13, 2005

PACER

Received returned mail re: 36 Clerk's Judgment. Mail was addressed to Brian T. Fitzpatrick of Levy Phillips & Konisberg, L.L.P. at 520 Madison Avenue,4th Floor, New York, NY 10022 and was returned for the following reason(s): not deliverable as addressed. (tve, )

Sept. 13, 2005

Sept. 13, 2005

PACER
37

NOTICE of Change of Address by Jennifer A. Gelshenen, Patrick C. Duncan, Jr on behalf of MCI Worldcom, Inc., MCI Telecommunications Corporation. New Address: Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C., One Penn Plaza, 37th Floor, New York, NY, 10119, (212) 649-4700. (jco, ) (Entered: 09/22/2005)

Sept. 20, 2005

Sept. 20, 2005

PACER
38

ANSWER to Amended Complaint with JURY DEMAND. Document filed by Eliot L. Spitzer, H. Carl McCall, Glenn S. Goord. Related document: 8 Amended Complaint, filed by Mary Byrd, Carole Bullard, Calvin O. Butts, III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux, Norma Boothe-Dixon, William Moses Kunstler Fund For Racial Justice, Elizabeth Fink.(jco, ) (Entered: 11/03/2005)

Nov. 2, 2005

Nov. 2, 2005

PACER
39

NOTICE OF APPEARANCE by William Harry Goodman, Rachel Anne Meeropol on behalf of Norma Boothe-Dixon, William Moses Kunstler Fund For Racial Justice, Elizabeth Fink, Eliot L. Spitzer, Mary Byrd, Carole Bullard, Calvin O. Butts, III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux (jmi) (Entered: 01/24/2007)

Jan. 18, 2007

Jan. 18, 2007

PACER
40

MOTION to Certify Class pursuant to Fed.R.Civ.P. 23(a) and (b)(2). Document filed by Norma Boothe-Dixon, William Moses Kunstler Fund For Racial Justice, Elizabeth Fink, Mary Byrd, Carole Bullard, Calvin O. Butts, III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux.(jmi) (Entered: 01/25/2007)

Jan. 19, 2007

Jan. 19, 2007

PACER
41

ENDORSED LETTER addressed to judge George B. Daniels from Steven N. Schulman dated 2/1/2007 re: to the state defendants respectfully request until March 15, 2007 to respond to plaintiffs' motion for class certification.Responses due by 3/15/2007. ENDORSEMENT SO ORDERED. (Signed by Judge George B. Daniels on 2/5/2007) (jmi) (Entered: 02/06/2007)

Feb. 5, 2007

Feb. 5, 2007

PACER
42

ENDORSED LETTER addressed to Hon. George B. Daniels from Steven N. Schulman dated 3/14/07 re: Extend time for the State defendants response to plaintiffs' motion for class certification from March 14 to March 19, 2007., ENDORSEMENT: SO ORDERED: Set Deadlines/Hearing as to 40 MOTION to Certify Class. : Responses due by 3/19/2007 (Signed by Judge George B. Daniels on 3/15/07) (rag) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

PACER
43

CROSS-MOTION for an Order, purs. to Rule 12(b)(1) dismissing the plaintiff's remaining claims for lack of subject matter jurisdiction on the grounds that they are moot. Document filed by Eliot L. Spitzer, H. Carl McCall, Glenn S. Goord.(tro) (Entered: 03/22/2007)

March 21, 2007

March 21, 2007

PACER
44

DECLARATION of Robert E. Koberger in Support re: 43 CROSS-MOTION to Dismiss. Document filed by Eliot L. Spitzer, H. Carl McCall, Glenn S. Goord. (tro) (Entered: 03/22/2007)

March 21, 2007

March 21, 2007

PACER
45

DECLARATION of Anthony J. Annucci in Support re: 43 CROSS-MOTION to Dismiss. Document filed by Eliot L. Spitzer, H. Carl McCall, Glenn S. Goord. (tro) (Entered: 03/22/2007)

March 21, 2007

March 21, 2007

PACER
46

MEMORANDUM OF LAW in Support 43 CROSS-MOTION to Dismiss., and in OPPOSITION re: 40 MOTION to Certify Class., Document filed by Eliot L. Spitzer, H. Carl McCall, Glenn S. Goord. (tro) (Entered: 03/22/2007)

March 21, 2007

March 21, 2007

PACER
47

MEMORANDUM OF LAW in Opposition to 40 MOTION for Class Certification; and in opposition to 43 MOTION to Dismiss as MOOT.. Document filed by Norma Boothe-Dixon, William Moses Kunstler Fund For Racial Justice, Elizabeth Fink, Mary Byrd, Carole Bullard, Calvin O. Butts, III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux. (jpo) (Entered: 05/01/2007)

April 30, 2007

April 30, 2007

PACER
48

ENDORSED LETTER addressed to Judge George B. Daniels from Steven N.Schulman dated 5/25/2007 re: request until 6/1/2007 to serve the reply brief in further support of our motion to dismiss the action as moot. Endorsement: SO ORDERED. Set Deadlines/Hearing as to 43 MOTION to Dismiss: Replies due by 6/1/2007. (Signed by Judge George B. Daniels on 5/31/2007) (jar) (Entered: 06/04/2007)

June 1, 2007

June 1, 2007

PACER
49

REPLY MEMORANDUM OF LAW in Further Support re: 43 CROSS MOTION to Dismiss. Document filed by Eliot L. Spitzer, H. Carl McCall, MCI Worldcom, Inc., MCI Telecommunications Corporation, Glenn S. Goord. (jar) (Entered: 06/06/2007)

June 5, 2007

June 5, 2007

PACER
50

SECOND DECLARATION of Robert E. Koberger in Support re: 43 MOTION to Dismiss. Document filed by Eliot L. Spitzer, H. Carl McCall, MCI Worldcom, Inc., MCI Telecommunications Corporation, Glenn S. Goord. (jar) (Entered: 06/06/2007)

June 5, 2007

June 5, 2007

PACER
51

SECOND DECLARATION of Anthony J. Annucci in Support re: 43 MOTION to Dismiss. Document filed by Eliot L. Spitzer, H. Carl McCall, MCI Worldcom, Inc., MCI Telecommunications Corporation, Glenn S. Goord. (jar) (Entered: 06/06/2007)

June 5, 2007

June 5, 2007

PACER
52

ENDORSED LETTER addressed to Judge George B. Daniels from Steven N. Schulman dated 8/14/07 re: The State defendants respectfully request until September 10, 2007, to respond to plaintiffs' letter of August 10, 2007. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 8/16/07) (tro) (Entered: 08/17/2007)

Aug. 16, 2007

Aug. 16, 2007

PACER
53

MEMORANDUM DECISION AND ORDER: for reasons further set forth in said Order, defendants' 43 Motion to Dismiss the Amended Complaint is GRANTED. Plaintiff's 40 Motion to Certify Class is DENIED as Moot. (Signed by Judge George B. Daniels on 9/26/07) (db) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

RECAP
54

CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Decision and Order dated September 26, 2007, defendants motion to dismiss the amended complaint is granted, and plaintiffs motion for class certification is denied as moot. (Signed by J. Michael McMahon, clerk on 9/26/07) (ml) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

PACER

Transmission to Judgments and Orders Clerk. Transmitted re: 53 Order on Motion to Certify Class, Order on Motion to Dismiss to the Judgments and Orders Clerk. (db)

Sept. 26, 2007

Sept. 26, 2007

PACER
55

MEMORANDUM DECISION AND ORDER: Accordingly, defendants' motion to dismiss the amended complaint is granted. Plaintiffs' motion for class certification is DENIED as moot. So Ordered. (Signed by Judge George B. Daniels on 9/26/07) (js) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

PACER
56

Received returned mail re: 54 Clerk's Judgment. Mail was addressed to Brian T. Fitzpatrick of Levy, Phillips & Konigsberg, L.L.P. at 520 Madison Avenue, 4th Floor, NewYork, NY 10022 and was returned for the following reason(s): not deliverable as addressed. (tve) (Entered: 11/19/2007)

Oct. 15, 2007

Oct. 15, 2007

PACER

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 21, 2000

Closing Date: 2007

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Recipients of collect telephone calls made by New York state prison inmates

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York State Department of Correctional Services, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Phone

Type of Facility:

Government-run