Rosario v. Goord

Rosario vs. N.Y. State Dept. of Correctional Services

Rosario v. N.Y. State Dept. of Correctional Services

2003 WL 22429271

Rosario v. Goord

U. S. Court of Appeals for the Second Circuit

400 F.3d 108

Case Designation

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)

Magistrate Judge Lisa M. Smith is so designated. (sv)

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)

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)

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)

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)

Case Management Conference

PRETRIAL CONFERENCE held before Judge Charles L. Brieant . (sv)

PRETRIAL CONFERENCE concluded before Judge Charles L. Brieant . (sv)

PRETRIAL CONFERENCE set at 9:00 6/27/03 before Judge Charles L. Brieant . (sv)

Pretrial Conference - Initial

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)

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)

Case Management Conference set at 9:00 6/27/03 (pf)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

Pretrial Conference - Initial

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)

PRETRIAL CONFERENCE held before Judge Charles L. Brieant . (pf)

Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of 06/27/03. (jma) (Entered: 07/30/2003)

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)

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)

Terminated Case

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)

Case closed. (mov)

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)

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)

Transmission of Notice of Appeal and Docket Sheet to USCA

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)

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, )

Appeal Record Sent to USCA - File

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)

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)

Set Deadlines/Hearings

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)

Set Deadlines/Hearings: Status Conference set for 5/20/2005 09:00 AM before Judge Charles L. Brieant. (ae, )

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, )

Status Conference

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)

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)

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)

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)

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)

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)

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)

(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)

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)

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)

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)

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)

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)

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)

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, )

Appeal Record Returned

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)

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)

Discovery Hearing

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)

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, )

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)

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)

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)

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)

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)

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)

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)

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)

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, )

Notice of Change of Address

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, )

Discovery Hearing

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)

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)

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)

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, )

Received Returned Mail

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)

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)

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)

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)

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)

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, )

Show Cause Hearing