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…

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The district court (District Judge Charles L. Brieant), in an unpublished memorandum and order dated September 24, 2003, dismissed the action.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 attrorneys, see: https://www.courtlistener.com/docket/8416987/parties/rosario-v-goord/


Judge(s)

Brieant, Charles L. Jr. (New York)

Cabranes, José Alberto (Connecticut)

Katzmann, Robert A. (New York)

Leval, Pierre Nelson (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Beck, John A. (New York)

Boston, John (New York)

Ginsberg, Betsy R. (New York)

Attorneys(s) for Defendant

Brown, Bruce A. (New York)

Hotvet, Martin 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)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Beck, John A. (New York)

Boston, John (New York)

Ginsberg, Betsy R. (New York)

Attorneys(s) 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)

Documents in the Clearinghouse

Document

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

2003 WL 22429271

Sept. 24, 2003

Sept. 24, 2003

Order/Opinion

03-00289

Per Curiam [USCA Order]

Rosario v. Goord

U. S. Court of Appeals for the Second Circuit

400 F.3d 108

March 2, 2005

March 2, 2005

Order/Opinion
78

7:03-cv-00859

Voluntary Stipulation of Dismissal Subject to Conditions and Order

July 21, 2006

July 21, 2006

Settlement Agreement

Resources

Docket

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

Last updated Aug. 7, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link

Case Designation

Feb. 6, 2003

Feb. 6, 2003

PACER
1

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)

Feb. 6, 2003

Feb. 6, 2003

PACER

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

Feb. 6, 2003

Feb. 6, 2003

PACER
2

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)

March 5, 2003

March 5, 2003

PACER
3

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)

March 5, 2003

March 5, 2003

PACER
4

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)

March 11, 2003

March 11, 2003

PACER
5

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)

April 22, 2003

April 22, 2003

PACER

Case Management Conference

April 25, 2003

April 25, 2003

PACER

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

April 25, 2003

April 25, 2003

PACER

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

April 25, 2003

April 25, 2003

PACER

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

April 25, 2003

April 25, 2003

PACER

Pretrial Conference - Initial

April 25, 2003

April 25, 2003

PACER
6

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)

April 25, 2003

April 25, 2003

PACER
7

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)

April 25, 2003

April 25, 2003

PACER

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

April 25, 2003

April 25, 2003

PACER
8

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)

May 21, 2003

May 21, 2003

PACER
9

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)

May 21, 2003

May 21, 2003

PACER
10

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)

May 21, 2003

May 21, 2003

PACER
11

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)

May 30, 2003

May 30, 2003

PACER
12

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)

June 3, 2003

June 3, 2003

PACER
16

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)

June 9, 2003

June 9, 2003

PACER
13

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)

June 10, 2003

June 10, 2003

PACER
14

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)

June 10, 2003

June 10, 2003

PACER
15

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)

June 11, 2003

June 11, 2003

PACER
17

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)

June 12, 2003

June 12, 2003

PACER
19

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)

June 12, 2003

June 12, 2003

PACER
20

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)

June 12, 2003

June 12, 2003

PACER
18

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)

June 13, 2003

June 13, 2003

PACER
21

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)

June 23, 2003

June 23, 2003

PACER
22

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)

June 23, 2003

June 23, 2003

PACER
23

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)

June 25, 2003

June 25, 2003

PACER
24

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)

June 25, 2003

June 25, 2003

PACER
25

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)

June 25, 2003

June 25, 2003

PACER

Pretrial Conference - Initial

June 27, 2003

June 27, 2003

PACER
26

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)

June 27, 2003

June 27, 2003

PACER

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

June 27, 2003

June 27, 2003

PACER
27

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

July 30, 2003

July 30, 2003

PACER
28

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)

Aug. 26, 2003

Aug. 26, 2003

PACER
29

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)

Sept. 24, 2003

Sept. 24, 2003

PACER

Terminated Case

Sept. 25, 2003

Sept. 25, 2003

PACER
30

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)

Sept. 25, 2003

Sept. 25, 2003

PACER

Case closed. (mov)

Sept. 25, 2003

Sept. 25, 2003

PACER
31

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)

Oct. 22, 2003

Oct. 22, 2003

PACER

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

Oct. 24, 2003

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

Oct. 24, 2003

Oct. 24, 2003

PACER
32

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)

April 6, 2004

April 6, 2004

PACER

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

July 22, 2004

PACER

Appeal Record Sent to USCA - File

July 22, 2004

July 22, 2004

PACER
33

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)

Jan. 26, 2005

Jan. 26, 2005

PACER
34

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)

May 4, 2005

May 4, 2005

PACER

Set Deadlines/Hearings

May 6, 2005

May 6, 2005

PACER
35

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)

May 6, 2005

May 6, 2005

RECAP

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

May 6, 2005

May 6, 2005

PACER

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

May 20, 2005

PACER

Status Conference

May 20, 2005

May 20, 2005

PACER
38

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)

June 7, 2005

June 7, 2005

PACER
36

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)

June 13, 2005

June 13, 2005

PACER
37

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)

June 13, 2005

June 13, 2005

PACER
39

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)

June 22, 2005

June 22, 2005

PACER
40

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)

June 22, 2005

June 22, 2005

PACER
41

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)

June 22, 2005

June 22, 2005

PACER
42

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)

June 22, 2005

June 22, 2005

PACER
43

(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)

June 24, 2005

June 24, 2005

PACER
44

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)

July 11, 2005

July 11, 2005

PACER
45

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)

July 11, 2005

July 11, 2005

PACER
46

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)

July 11, 2005

July 11, 2005

PACER
48

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)

July 18, 2005

July 18, 2005

PACER
47

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)

July 19, 2005

July 19, 2005

PACER
49

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)

July 21, 2005

July 21, 2005

PACER

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

Aug. 22, 2005

PACER

Appeal Record Returned

Aug. 22, 2005

Aug. 22, 2005

PACER
50

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)

Aug. 30, 2005

Aug. 30, 2005

PACER
51

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)

Aug. 30, 2005

Aug. 30, 2005

PACER

Discovery Hearing

Sept. 12, 2005

Sept. 12, 2005

PACER
52

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)

Sept. 12, 2005

Sept. 12, 2005

PACER

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, )

Sept. 12, 2005

Sept. 12, 2005

PACER
53

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)

Sept. 15, 2005

Sept. 15, 2005

PACER
55

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)

Sept. 15, 2005

Sept. 15, 2005

PACER
56

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)

Sept. 15, 2005

Sept. 15, 2005

PACER
57

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)

Sept. 16, 2005

Sept. 16, 2005

PACER
54

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)

Sept. 19, 2005

Sept. 19, 2005

PACER
58

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)

Sept. 27, 2005

Sept. 27, 2005

PACER
59

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)

Sept. 27, 2005

Sept. 27, 2005

PACER
60

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)

Dec. 27, 2005

Dec. 27, 2005

PACER

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

Jan. 3, 2006

PACER

Notice of Change of Address

Jan. 3, 2006

Jan. 3, 2006

PACER

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

Jan. 3, 2006

PACER

Discovery Hearing

Jan. 3, 2006

Jan. 3, 2006

PACER
61

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)

Jan. 3, 2006

Jan. 3, 2006

PACER
62

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)

Jan. 3, 2006

Jan. 3, 2006

PACER
63

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)

Jan. 3, 2006

Jan. 3, 2006

PACER

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

Jan. 9, 2006

PACER

Received Returned Mail

Jan. 9, 2006

Jan. 9, 2006

PACER
64

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)

Jan. 17, 2006

Jan. 17, 2006

PACER
65

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)

Feb. 17, 2006

Feb. 17, 2006

PACER
66

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)

Feb. 17, 2006

Feb. 17, 2006

PACER
67

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)

Feb. 17, 2006

Feb. 17, 2006

PACER
68

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)

Feb. 17, 2006

Feb. 17, 2006

PACER

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

Feb. 24, 2006

PACER

Show Cause Hearing

Feb. 24, 2006

Feb. 24, 2006

PACER

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

New York Department of Correctional Services, State

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: $139,329

Order Duration: 2006 - 2009

Issues

General:

Recreation / Exercise

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Male

Type of Facility:

Government-run