Case: Rosario v. Goord

7:03-cv-00859 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 6, 2003

Closed Date: 2009

Clearinghouse coding complete

Case Summary

Plaintiffs, disabled inmates of the New York State Department of Correctional Services (''DOCS''), brought an action via an amended complaint in April 2003, against defendants (DOCS administrators and health care facility supervisors) alleging violations of Title II of the Americans with Disabilities Act (''ADA''), 42 U.S.C. §§ 12101 et seq., and the Rehabilitation Act, 29 U.S.C. § 794, after an original complaint filed on February 6, 2003. The plaintiffs were represented by attorneys from The Prisoners' Rights Project of The Legal Aid Society in New York City. The case asked the U.S. District Court for the Southern District of New York for declaratory and injunctive relief, together with attorneys' fees. The plaintiffs sought to redress the defendants' failure to provide access to prison programs, services and activities to prisoners with disabilities who are in DOCS custody and housed in its Regional Medical Units (RMUs). Plaintiffs sought to represent a class of individuals with disabilities housed in the RMUs, who are not provided access to prison programs available to non-disabled prisoners, such as educational, vocational, work and substance abuse programs, including those that would qualify them for an earlier release from prison.

The district court (District Judge Charles L. Brieant), in an unpublished memorandum and order dated September 24, 2003, dismissed the action. Judge Brieant found that plaintiffs had failed to exhaust their administrative remedies prior to filing suit as required by part of the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), because, though they had arguably exhausted internal prison grievance procedures, they had not lodged a complaint with the Department of Justice (''DOJ''). DOJ regulations at 28 C.F.R. 35.170-178 provide a complaint procedure for persons who believe they have been subjected to discrimination on the basis of disability by a public entity and this procedure, too, according to the district court, must be exhausted prior to filing suit. The judge ruled this was so, even if the DOJ process is largely advisory and lacks the means of providing the relief the plaintiffs seek.

After the dismissal, plaintiffs appealed to the U.S. Court of Appeals for the Second Circuit. Before the appeal process concluded, the defendants moved to have the appellate court vacate the district court's order and remand the case for further proceedings. The basis of the motion was the defendants' announced decision to abandon reliance on the DOJ administrative exhaustion defense, now and in the future. The plaintiffs consented to the motion and, in a brief ruling on March 2, 2005, the Second Circuit vacated the district court's order of dismissal and remanded the case. Rosario v. Goord, 400 F.3d 108 (2d Cir. 2005) (per curiam).

Having returned to the district court, the parties there disputed whether the case should be accorded class action status. In an unpublished order, Judge Brieant ruled in the plaintiffs' favor on that issue on September 15, 2005. A second amended complaint, filed by the plaintiffs of March 1, 2006, was answered by the defendants on March 23d. By July 21, 2006, the parties' settlement negotiations produced a voluntary stipulation of dismissal, subject to their settlement agreement and a notice of the impending dismissal and settlement was sent to the plaintiff class. On September 29, 2006, the court approved the voluntary dismissal and settlement agreement in the case. We do not have details about the settlement's terms.

We have no further information on the case.

Summary Authors

Mike Fagan (4/30/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8416987/parties/rosario-v-goord/

Judge(s)

Brieant, Charles L. Jr. (New York)

Attorney for Plaintiff

Banks, Steven (New York)

Beck, John A. (New York)

Boston, John (New York)

Attorney for Defendant

Brown, Bruce A. (New York)

Judge(s)

Brieant, Charles L. Jr. (New York)

Cabranes, José Alberto (Connecticut)

Katzmann, Robert A. (New York)

Leval, Pierre Nelson (New York)

Attorney for Plaintiff

Banks, Steven (New York)

Beck, John A. (New York)

Boston, John (New York)

Ginsberg, Betsy R. (New York)

Attorney for Defendant

Brown, Bruce A. (New York)

Hotvet, Martin A. (New York)

Schwartz, John Michael (New York)

Smirlock, Daniel (New York)

Spitzer, Eliot (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

7:03-cv-00859	Docket [PACER] Rosario v. Goord	Oct. 16, 2006	Oct. 16, 2006 Docket
5 7:03-cv-00859	Amended Complaint Rosario vs. N.Y. State Dept. of Correctional Services	April 1, 2003	April 1, 2003 Complaint
29 7:03-cv-00859	Memorandum and Order Rosario v. N.Y. State Dept. of Correctional Services	Sept. 24, 2003	Sept. 24, 2003 Order/Opinion 2003 WL 22429271
03-00289	Per Curiam [USCA Order] Rosario v. Goord U.S. Court of Appeals for the Second Circuit	March 2, 2005	March 2, 2005 Order/Opinion 400 F.3d 108
78 7:03-cv-00859	Voluntary Stipulation of Dismissal Subject to Conditions and Order	July 21, 2006	July 21, 2006 Settlement Agreement

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/8416987/rosario-v-goord/

Last updated July 20, 2026, 4:51 a.m.

Docket for: Rosario v. Goord

ECF Number	Date	Description	Link
1	Feb. 6, 2003	COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 464338. (sv) (Entered: 02/10/2003)	RECAP
	Feb. 6, 2003	Case Designation
	Feb. 6, 2003	Magistrate Judge Lisa M. Smith is so designated. (sv)
2	March 5, 2003	NOTICE OF MOTION by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Vincent Kimbro, Gilbert Santiago, Roderick Reyes for Betsy R. Ginsberg to appear pro hac vice . Return Date March 28, 2003. (dcr) (Entered: 03/11/2003)	RECAP
3	March 5, 2003	AFFIDAVIT of Betsy R. Ginsberg by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Vincent Kimbro, Gilbert Santiago, Roderick Reyes in support of [2-1] motion for Betsy R. Ginsberg to appear pro hac vice. (dcr) (Entered: 03/11/2003)	RECAP
4	March 11, 2003	ORDER granting [2-1] motion for Betsy R. Ginsberg to appear pro hac vice . ( signed by Judge Charles L. Brieant ); Copies mailed by Clerk's Office (pf) (Entered: 03/12/2003)	RECAP
5	April 22, 2003	AMENDED COMPLAINT by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes (Answer due ) amending [1-1] complaint against Christopher Aldrich; Summons issued. (jma) (Entered: 04/24/2003)	RECAP
6	April 25, 2003	Memorandum to Docket Clerk: 4/25/03. Court Reporter: C. Arends-Dieck. Pre-trial Conference held & Concluded. All parties paresent. Civil Case Management Plan and Scheduling Order filed. Trial ready date set for Jan,2 2004. Next Pre-trial conference is set for June 27th, 2003 @ 9:00am. See transcript. So Ordered. Charles L. Brieant. clkm/cpys.. (sv) (Entered: 04/28/2003)	RECAP
7	April 25, 2003	CIVIL CASE DISCOVERY PLAN & SCHEDULING ORDER: This Court requires that this case shall be ready for trial on or after 1/2/04; The case is not to be tried to a jury; Joinder of additional parties and Amended Pleadings by 6/15/03; Interrogs by 9/15/03; Depositions to be completed by 11/1/03; Any further interrogs, including expert by 10/15/03; Requests to admit by 10/15/03; All discovery to be complete by 12/1/03; Next Case Mgmnt Conference 6/27/03 at 9:00 a.m.; So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed by Clerk's Office (pf) (Entered: 04/28/2003)	RECAP
	April 25, 2003	Case Management Conference
	April 25, 2003	PRETRIAL CONFERENCE held before Judge Charles L. Brieant . (sv)
	April 25, 2003	PRETRIAL CONFERENCE concluded before Judge Charles L. Brieant . (sv)
	April 25, 2003	PRETRIAL CONFERENCE set at 9:00 6/27/03 before Judge Charles L. Brieant . (sv)
	April 25, 2003	Pretrial Conference - Initial
	April 25, 2003	Case Management Conference set at 9:00 6/27/03 (pf)
8	May 21, 2003	NOTICE OF MOTION by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich to certify class action . No Return Date 9:00. (pf) (Entered: 05/23/2003)	RECAP
9	May 21, 2003	MEMORANDUM OF LAW by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in support of [8-1] motion to certify class action . (pf) (Entered: 05/23/2003)	RECAP
10	May 21, 2003	DECLARATION of Betsy Ginsberg by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in support Re: [8-1] motion to certify class action . (pf) (Entered: 05/23/2003)	RECAP
11	May 30, 2003	Letter filed by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes addressed to Judge Brieant from Betsy Ginsbert, dated 05/29/03, re: Failure of the deft's to adhere to deadlines for filing their answer and discovery responses and to seek the Court's assistance with this matter, so that the case can proceed according to the Case Management Plan. (dcr) (Entered: 06/02/2003)	RECAP
12	June 3, 2003	Letter filed by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Vincent Kimbro, Gilbert Santiago, Roderick Reyes addressed to Judge Brieant from Betsy Ginsberg, dated 5/29/03, re: failure of defendants deadline. (bls) (Entered: 06/04/2003)	RECAP
16	June 9, 2003	ANSWER to Complaint by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post (Attorney Bruce A. Brown from the Firm: Eliot Spitzer, Attorney General) . (jma) Modified on 2/21/2006 (mde, ). (Entered: 06/12/2003)	RECAP
13	June 10, 2003	Letter filed by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes addressed to Judge Brieant from Betsy Ginsberg, dated June 5, 2003, re: request for an extension to serve their opposition to Plaintiffs' Motion for Class Certification. (sv) (Entered: 06/10/2003)	RECAP
14	June 10, 2003	Letter filed addressed to Judge Brieant from Bruce A. Brown, dated 06/05/03, re: Request that the briefing schedule be adjusted so that deft's opposition be due June 12th and plaintiffs' reply will be due June 23, 2003. (dcr) (Entered: 06/11/2003)	RECAP
15	June 11, 2003	Letter filed by Carlos Rosario addressed to Dear Ms. Brown from Betsy Ginsberg, dated 06/05/03, re: I write to inform you that the Court has scheduled a discovery conference for Friday, June 13, 2003 at 9:30..... (jma) (Entered: 06/11/2003)	RECAP
17	June 12, 2003	Letter filed by Carlos Rosario addressed to Dear Judge Brieant from Betsy Ginsberg, dated 06/10/03, re: to inform the Court that the parties in the case have agreed that there is now no need for a discovery conference to resolve the issues that I raised in my May 29, 2003 letter to the Court...... (jma) (Entered: 06/12/2003)	RECAP
19	June 12, 2003	NOTICE OF MOTION by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post to dismiss for failure to exhaust administrative remedies . Return Date 6/27/03 at 9:00. (dcr) (Entered: 06/17/2003)	RECAP
20	June 12, 2003	MEMORANDUM OF LAW by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post in support of [19-1] motion to dismiss for failure to exhaust administrative remedies. (dcr) (Entered: 06/17/2003)	RECAP
18	June 13, 2003	Letter filed addressed to USDJ Brieant from Betsy Ginsberg, dated 6/10/03, re: to inform the Court that the parties in the case have agreed that there is now no need for a discovery conference to resolve the issues that I raised in my May 29, 2003 letter to the COurt.... (pf) Modified on 06/16/2003 (Entered: 06/16/2003)	RECAP
21	June 23, 2003	REPLY MEMORANDUM by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in support re: [8-1] motion to certify class action . (pf) (Entered: 06/24/2003)	RECAP
22	June 23, 2003	DECLARATION of Betsy Ginsberg by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in support Re: [21-1] reply memorandum . (pf) (Entered: 06/24/2003)	RECAP
23	June 25, 2003	MEMORANDUM OF LAW by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post in opposition to [8-1] motion to certify class action. (dcr) (Entered: 06/26/2003)	RECAP
24	June 25, 2003	MEMORANDUM OF LAW by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in opposition to [19-1] motion to dismiss for failure to exhaust administrative remedies . (pf) (Entered: 06/27/2003)	RECAP
25	June 25, 2003	DECLARATION of Betsy Ginsberg by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in opposition Re: [19-1] motion to dismiss for failure to exhaust administrative remedies . (pf) (Entered: 06/27/2003)	RECAP
26	June 27, 2003	Memorandum to Docket Clerk: 6/27/03-Court Reporter: Mary Staten. Conference held and concluded. Oral argument heard on (Doc #19) Motion to Dismiss and (Doc #8) for Class Certification. Motions are fully submitted, decision reserved. See transcript. ...submitted by Alice Cama (pf) (Entered: 06/30/2003)	RECAP
	June 27, 2003	Pretrial Conference - Initial
	June 27, 2003	PRETRIAL CONFERENCE held before Judge Charles L. Brieant . (pf)
27	July 30, 2003	Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of 06/27/03. (jma) (Entered: 07/30/2003)	RECAP
28	Aug. 26, 2003	STIPULATION and PROTECTIVE ORDER: ... (see document for details)...No paper shall be filed under seal without the prior consultation with the Court...So Ordered: ( signed by Judge Charles L. Brieant ) COpies sent by Clerk's Office (pf) (Entered: 09/02/2003)	RECAP
29	Sept. 24, 2003	ORDER granting [19-1] motion to dismiss for failure to exhaust administrative remedies, denying [8-1] motion to certify class action .Copies mailed by the clerk's office. The action is dismissed w/o prejudice and w/o costs for failure of exhaustion. No purpose will be served by deciding Plaintiff's motion for class certification at this time. The clerk shall file a final judgment. So Ordered: ( signed by Judge Charles L. Brieant ); (ll) (Entered: 09/25/2003)	RECAP
30	Sept. 25, 2003	JUDGMENT ...ORDERED, ADJUDGED AND DECREED: That the complaint be and it is hereby dismissed without prejudice and without costs for failure of exhaustion. No purpose will be served by deciding Plaintiff's motion for class certification at the time. (signed by J.Michael McMahon); Mailed copies and notice of right to appeal. Entered On Docket: 09/26/03. (mov) (Entered: 09/26/2003)	RECAP
	Sept. 25, 2003	Terminated Case
	Sept. 25, 2003	Case closed. (mov)
31	Oct. 22, 2003	NOTICE OF APPEAL by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich from [30-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Betsy R. Ginsberg, Bruce A. Brown, John A. Beck . Appeal record due on 11/21/03 $105.00 fee paid, receipt #489430. (pf) (Entered: 10/24/2003)	RECAP
	Oct. 24, 2003	Notice of appeal and certified copy of docket to USCA: [31-1] appeal by Christopher Aldrich, Christopher Aldrich, Roderick Reyes, Gilbert Santiago, Vincent Rios, Donald Smith, Marshall Rosado, Roger Zydor, Worley Hall, Carlos Rosario ; Copy of notice of appeal sent to District Judge. (pf)
	Oct. 24, 2003	Transmission of Notice of Appeal and Docket Sheet to USCA
32	April 6, 2004	Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 31 Notice of Appeal, filed by Carlos Rosario, Donald Smith, Gilbert Santiago, Roderick Reyes, Worley Hall, Roger Zydor, Marshall Rosado, Vincent Rios, Christopher Aldrich USCA Case Number 03-289, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (cg, ) (Entered: 04/13/2004)	RECAP
	July 22, 2004	Appeal Record Sent to USCA (File). Indexed record on Appeal Files for 31 Notice of Appeal, filed by Carlos Rosario, Donald Smith, Gilbert Santiago, Roderick Reyes, Worley Hall, Roger Zydor, Marshall Rosado, Vincent Rios, Christopher Aldrich USCA Case Number 03-289, were transmitted to the U.S. Court of Appeals. (mde, )
	July 22, 2004	Appeal Record Sent to USCA - File
33	Jan. 26, 2005	LETTER addressed to Judge Brieant from Kimberly Ann Dasse dated 01/15/05 re: Request that the Court vacate its previous dismissal of the captioned case and restore the case to the Court's calendar upon the anticipated remand by the Second Circuit.... (dcr, ) (Entered: 01/26/2005)	RECAP
34	May 4, 2005	MANDATE of USCA (Certified Copy) as to 31 Notice of Appeal, filed by Carlos Rosario,, Donald Smith,, Gilbert Santiago,, Roderick Reyes,, Worley Hall,, Roger Zydor,, Marshall Rosado,, Vincent Rios,, Christopher Aldrich, USCA Case Number 03-0289. Ordered, Adjudged and Decreed that the judgment of the District Court is Vacated and Remanded for further proceedings. Tracy W. Young, Clerk USCA. Issued As Mandate: 04/26/05. (dcr, ) (Entered: 05/04/2005)	RECAP
35	May 6, 2005	LETTER addressed to Ms. Cama from Betsy Ginsberg dated 5/5/05 re: I write to confirm that a status conference in this action has been scheduled for 5/20/05 at 9:00 a.m. (ae, ) (Entered: 05/09/2005)	RECAP
	May 6, 2005	Set Deadlines/Hearings
	May 6, 2005	Set Deadlines/Hearings: Status Conference set for 5/20/2005 09:00 AM before Judge Charles L. Brieant. (ae, )
	May 20, 2005	Minute Entry for proceedings held before Judge Charles L. Brieant : Status Conference held on 5/20/2005. The parties are to provide a Status Report due by 6/6/2005. (Court Reporter Christina) (ae, )
	May 20, 2005	Status Conference
38	June 7, 2005	LETTER addressed to Dear Judge Brieant from Betsy Ginsberg dated 6/7/2005 re: Deft's. in the their 6/7/2005 letter, persist in their efforts to delay these proceedings by trying to make the issue of class certification....... Document filed by Worley Hall.(jma, ) (Entered: 06/13/2005)	RECAP
36	June 13, 2005	LETTER addressed to Dear Ms. Ginsberg from John M. Schwartz dated 6/8/2005 re: Judge Brieant's chambers has granted deft's. request that they be permitted to file additional material on the class........ Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post.(jma, ) (Entered: 06/13/2005)	RECAP
37	June 13, 2005	LETTER addressed to Dear Judge Brieant from Betsy Ginsberg dated 6/8/2005 re: request that the Court's permission to respond to respond to deft's. papers on or before 7/6/2005....... Document filed by Carlos Rosario, Christopher Aldrich, Christopher Aldrich, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes.(jma, ) (Entered: 06/13/2005)	RECAP
39	June 22, 2005	SUPPLEMENTAL MEMORANDUM OF LAW in Opposition to Class Certification. Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Helen Dean, Anne Cole, Joan Rosado, Susan Post. (pl, ) (Entered: 06/24/2005)	RECAP
40	June 22, 2005	DECLARATION of Lester N. Wright, M.D. in Opposition re: 8 Motion to Certify Class. Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post. (ae, ) (Entered: 06/27/2005)	RECAP
41	June 22, 2005	DECLARATION of Theresa Knapp-David in Opposition re: 8 Motion to Certify Class. Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post. (ae, ) (Entered: 06/27/2005)	RECAP
42	June 22, 2005	DECLARATION of James Granger in Opposition re: 8 Motion to Certify Class. Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post. (ae, ) (Entered: 06/27/2005)	RECAP
43	June 24, 2005	(CORRECTED) DECLARATION of James Granger in Opposition re: 8 Motion to Certify Class. Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post. (mde, ) (Entered: 06/27/2005)	RECAP
44	July 11, 2005	SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 8 Motion to Certify Class. Document filed by Carlos Rosario, Christopher Aldrich, Christopher Aldrich, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes. (ae, ) (Entered: 07/11/2005)	RECAP
45	July 11, 2005	DECLARATION of Betsy Ginsberg in Support re: 8 Motion to Certify Class. Document filed by Carlos Rosario, Christopher Aldrich, Christopher Aldrich, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes. (ae, ) (Entered: 07/11/2005)	RECAP
46	July 11, 2005	AFFIDAVIT of Vincent Rios in Support re: 8 Motion to Certify Class. Document filed by Carlos Rosario, Christopher Aldrich, Christopher Aldrich, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes. (ae, ) (Entered: 07/11/2005)	RECAP
48	July 18, 2005	LETTER addressed to Judge Charles L. Brieant from John M. Schwartz dated 7/15/05 re: Defendants respond to Plaintiffs' Supplemental Reply Memorandum of Law in Support of Motion for Class Certification, together w/ its supporting declarations. Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post.(ae, ) (Entered: 07/20/2005)	RECAP
47	July 19, 2005	LETTER addressed to Judge Charles L. Brieant from John M. Schwartz dated 6/21/05 re:....we request that we will be able to submit additional material in opposition to plntffs' motion for class certification on 6/22/05...... Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post.(pf, ) (Entered: 07/19/2005)	RECAP
49	July 21, 2005	LETTER addressed to Dear Judge Brieant from John Boston/Betsy Ginsberg dated 7/20/2005 re: Defense counsel's letter of July 15, 2005, recounting their pro forma assertions concerning exhaustion of the prison grievance system in this case........ Document filed by Carlos Rosario, Christopher Aldrich, Christopher Aldrich, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes.(jma, ) (Entered: 07/22/2005)	RECAP
	Aug. 22, 2005	Appeal Record Returned. Indexed record on Appeal Files for 31 Notice of Appeal, filed by Carlos Rosario,, Donald Smith,, Gilbert Santiago,, Roderick Reyes,, Worley Hall,, Roger Zydor,, Marshall Rosado,, Vincent Rios,, Christopher Aldrich, USCA Case Number 03-0289pr, returned from the U.S. Court of Appeals. (cg, )
	Aug. 22, 2005	Appeal Record Returned
50	Aug. 30, 2005	LETTER addressed to Betsy Ginsberg from John Schwartz dated 8/17/05 re: In response to your letter of 8/15/05.... (pf, ) (Entered: 08/30/2005)	RECAP
51	Aug. 30, 2005	LETTER addressed to Judge Charles L. Brieant from Betsy Ginsberg dated 8/25/05 re:.... request a pre-motion conference with the Court regarding discovery dispute that has arisen between the parties.... Document filed by Carlos Rosario, Christopher Aldrich, Christopher Aldrich, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes.(pf, ) (Entered: 08/30/2005)	RECAP
52	Sept. 12, 2005	LETTER addressed to Judge Brieant from John M. Schwartz dated 09/08/05 re: Discovery Dispute. Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post.(dcr, ) (Entered: 09/12/2005)	RECAP
	Sept. 12, 2005	Discovery Hearing
	Sept. 12, 2005	Minute Entry for proceedings held before Judge Charles L. Brieant : Discovery Hearing held on 9/12/2005. Judge's Decision: Discovery issues are resolved by the Court. Remark: Plaintiff to fax a proposed class, and proposed Notice to the Court on 9/13/05. See Transcript. (Court Reporter Sue Ghorayeb) (ae, )
53	Sept. 15, 2005	LETTER addressed to Judge Brieant from John M. Schwartz dated 09/14/05 re: Counter-Order and Notice to the Class. Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post.(dcr, ) (Entered: 09/20/2005)	RECAP
55	Sept. 15, 2005	MEMORANDUM AND ORDER; Plaintiffs' motion to declare a class action under Rule 23(b)(1) and (2) FRCP (Document 8) is granted. (Signed by Judge Charles L. Brieant on 9/15/05) "Copies Mailed By Chambers".(ae, ) (Entered: 09/20/2005)	RECAP
56	Sept. 15, 2005	COUNTER-ORDER FOR CLASS CERTIFICATION AND NOTICE TO THE COURT; Upon consideration of Plaintiffs' Motion for Class Certification and Notice to the Class and all responsive papers. This action is certified as a class action for the plaintiff class purs. to Rule 23(a), 23(b)(1)(A) and 23(b)(2), FRCP; Plaintiffs' Motion for Class Certification is denied in all respects. (Signed by Judge Charles L. Brieant on 9/15/05) (ae, ) (Entered: 09/20/2005)	RECAP
57	Sept. 16, 2005	LETTER addressed to Judge Brieant from Betsy Ginsberg dated 09/15/05 re: Response to defendants' September 14, 2005 submission to the Court concerning classification.. (dcr, ) (Entered: 09/21/2005)	RECAP
54	Sept. 19, 2005	LETTER addressed to Dear Judge Brieant from Betsy Ginsberg dated 9/13/2005 Document filed by Carlos Rosario....see document for more details......(jma, ) (Entered: 09/20/2005)	RECAP
58	Sept. 27, 2005	ENDORSED LETTER addressed to Judge Charles L. Brieant from Betsy Ginsberg dated 9/26/05 re:....seeking permission to correct what we believe was an aversight by the COurt in the Notice to the class ordered by the Court on 9/15/05.....ENDORSEMENT: Application Granted. So Ordered:. (Signed by Judge Charles L. Brieant on 9/27/05) Copies sent by Chambers.(pf, ) (Entered: 09/28/2005)	RECAP
59	Sept. 27, 2005	LETTER addressed to Judge Charles L. Brieant from John M. Schwartz dated 9/27/2005 re:..I enclose another copy of the proposed Notice with both paragraphs corrected... Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post.(mde, ) (Entered: 09/28/2005)	RECAP
60	Dec. 27, 2005	LETTER addressed to Dear Mr. Schwartz from Betsy Ginsberg dated 12/27/2005 re: I write to inform you that Judge Brieant has scheduled a conference with the parties in the........lawsuit to take place on January 3, 2006 at 9:30am......... Document filed by Carlos Rosario.(jma, ) (Entered: 12/27/2005)	RECAP
61	Jan. 3, 2006	LETTER addressed to Judge Charles L. Brieant from Betsy Ginsberg and John Boston dated 12/23/06 re:... to request the Court's assistance with document discovery.... Document filed by Carlos Rosario, Christopher Aldrich, Christopher Aldrich, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes.(pf, ) (Entered: 01/03/2006)	RECAP
62	Jan. 3, 2006	LETTER addressed to Judge Charles L. Brieant from John Schwartz dated 12/29/05 re:....to request a very brief adjournment of the 1/3/06 conference, and to advise the Court that Plntff's assetions are incorrect in view of the very close attention dfts are giving to discovery and to the case.... Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post.(pf, ) (Entered: 01/03/2006)	RECAP
63	Jan. 3, 2006	CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: case shall be ready for trial by June 15, 2006; the case is not to be tried to a jury; joinder of additional parties must be accomplished by 02/15/06; amended pleadings may be filed until 02/15/2006; interrogatories are to be served no later than 01/15/2006; depositions to be completed by 05/01/2006; any further interrogatories to be served no later than 05/01/2006; requests to admit no later than 05/01/2006; all discovery is to be completed by 06/15/2006; next case management conference 02/24/2006 at 10:00am...... (Signed by Judge Charles L. Brieant on 01/03/2006) "The Clerk's Office Has Mailed Copies".(jma, ) (Entered: 01/03/2006)	RECAP
	Jan. 3, 2006	NOTICE OF CHANGE OF ADDRESS by Betsy R. Ginsberg on behalf of Carlos Rosario, Christopher Aldrich, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes. New Address: Legal Aid Project, 199 Water Street, 6th Floor, New York, New York, 10038. (mde, )
	Jan. 3, 2006	Notice of Change of Address
	Jan. 3, 2006	Minute Entry for proceedings held before Judge Charles L. Brieant : Discovery Hearing held on 1/3/2006. Discovery Conference held and concluded. Court resolves all outstanding discovery issues. Case to be ready for trial on 6/15/06. Civil Case Discovery Plan signed and adopted by the Court. Next pretrial conference set for 2/24/06 at 10:00 a.m.. See transcript. (pf, )
	Jan. 3, 2006	Discovery Hearing
	Jan. 9, 2006	Received returned mail re: 63 Scheduling Order,,. Mail was addressed to John A. Beck of The Legal Aid Society, Prisoners' Rights Project at 1 Battery Park Plaza, New York, NY, 10004 and was returned for the following reason(s): Attempted Not Known. (gco, )
	Jan. 9, 2006	Received Returned Mail
64	Jan. 17, 2006	CASE MANAGEMENT PLAN: Amended Pleadings due by 2/15/2006. Joinder of Parties due by 2/15/2006. All Discovery due by 6/15/2006. Ready for Trial by 6/15/2006. (Signed by Judge Charles L. Brieant on 1/11/06) "The Clerk's Office Has Mailed Copies".(ae, ) (Entered: 01/18/2006)	RECAP
65	Feb. 17, 2006	NOTICE OF MOTION for Joinder, joining Edward Nesmith and Dennis McGlotten as plaintiffs in this action and permitting plaintiffs to file a Second Amended Complaint to include their claims... Document filed by Carlos Rosario, Christopher Aldrich, Christopher Aldrich, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Vincent Kimbro, Gilbert Santiago, Roderick Reyes. Return Date set for 3/24/2006 10:00 AM. (mde, ) (Entered: 02/21/2006)	RECAP
66	Feb. 17, 2006	MEMORANDUM OF LAW in Support re: 65 MOTION for Joinder.. Document filed by Carlos Rosario, Christopher Aldrich, Christopher Aldrich, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Vincent Kimbro, Gilbert Santiago, Roderick Reyes. (mde, ) (Entered: 02/21/2006)	RECAP
67	Feb. 17, 2006	DECLARATION of Betsy Ginsberg in Support re: 65 MOTION for Joinder.. Document filed by Carlos Rosario, Christopher Aldrich, Christopher Aldrich, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Vincent Kimbro, Gilbert Santiago, Roderick Reyes. (mde, ) (Entered: 02/21/2006)	RECAP
68	Feb. 17, 2006	MOTION to Amend/Correct 16 Answer to Complaint,. Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post. (mde, ) (Entered: 02/21/2006)	RECAP
	Feb. 24, 2006	Minute Entry for proceedings held before Judge Charles L. Brieant : Show Cause Hearing began & completed on 2/24/2006. Judge's Decision: Oral Argument heard on motion Dkt #65 is granted on consent. Motion dkt #68 is withdrawn. The Court grants leave to file an amended complaint & answer in accordance with Federal Rules. Remark: Term motions Dkt. #65 and #68. A conference is scheduled for 4/7/2006 at 9:00 a.m. (Submitted by Alice Cama). (Court Reporter Mary Staten) (mde, )
	Feb. 24, 2006	Show Cause Hearing

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Case Details

State / Territory:

New York

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 6, 2003

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All prisoners with physical disabilities, as defined in 29 U.S.C. § 705(20) and 42 U.S.C. § 12102, who are now, or will in the future be, under the custody of DOCS and housed in the Fishkill, Walsh or Wende RMU.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

New York Department of Correctional Services

Facility Type(s):

Government-run

Case Details