Case: McBean v. City of New York

Cence v. City of New York

CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 444979. (rmo) (Entered: 07/22/2002)

NOTICE of by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova requesting that this actin be filed as related to case 02cv465 (NRB). (rmo) (Entered: 07/22/2002)

CASE REFERRED TO Judge Naomi R. Buchwald as possibly related to 1:02cv465. (rmo)

Memo-Endorsement on letter addressed to Judge Buchwald from Deborah I. Meyer, dated 7/24/02: Granting defendants request for extension of time to answe or otherwise respond to the complaint until 8/23/02 . ( signed by Judge Barbara S. Jones ); Copies mailed. (tp) (Entered: 08/08/2002)

NOTICE OF INITIAL PRETRIAL CONFERENCE: That if such a consent order is not filed within the time provided, a pretrial conference will be held for 3:00 p.m. on 9/20/02, in Courtroom 1105, 40 Centre Street, New York, NY 10007. ( signed by Judge Barbara S. Jones ) (tp) (Entered: 08/09/2002)

Notice of Case Assignment to Judge Gerard E. Lynch . Copy of notice and judge's rules mailed to Attorney(s) of record: Richard J. Cardinale . (jol) (Entered: 08/14/2002)

Case referred as related to 1:02cv465 and declined by Judge Naomi R. Buchwald and returned to wheel for assignment. (jol)

Magistrate Judge Theodore H. Katz is so designated. (jol)

Memo-Endorsement on letter addressed to Judge Jones from Richard J. Cardinale, dated 8/16/02: The 9/20/02 conference is cancelled . ( signed by Judge Barbara S. Jones ); Copies mailed. (tp) (Entered: 08/21/2002)

ANSWER by The City of New York, William J. Fraser, Gary Lanigan, Robert N. Davoren, Bernard Kerik to Amended Complaint. (Attorney Deborah I. Meyer from the Firm: Corp Counsel City of NY). (cd) (Entered: 09/11/2002)

NOTICE OF MOTION by Kadian Mcbean, Cindia Cruz, Wanda Harvey, and Margarita Plyassounova, to certify class action ; for preliminary injunction . No Return Date. (kw) (Entered: 10/23/2002)

DECLARATION of Micheal Hueston by Kadian Mcbean, Cindia Cruz, Wanda Harvey, and Margarita Plyassounova in support Re: [8-1] motion to certify class action, [8-2] motion for preliminary injunction. (kw) (Entered: 10/23/2002)

DECLARATION of Robert N. Isseks by Kadian Mcbean, Cindia Cruz, Wanda Harvey, and Margarita Plyassounova in support Re: [8-1] motion to certify class action, [8-2] motion for preliminary injunction. (kw) (Entered: 10/23/2002)

MEMORANDUM OF LAW by Kadian Mcbean, Cindia Cruz, Wanda Harvey, and Margarita Plyassounova in support of [8-1] motion to certify class action, [8-2] motion for preliminary injunction. (kw) (Entered: 10/23/2002)

DECLARATION of Richard J. Cardinale by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova in support Re: [8-1] motion to certify class action, [8-2] motion for preliminary injunction. (kw) (Entered: 10/23/2002)

SCHEDULING ORDER: Deft's Response to motion deadline set for 11/25/02; Pltff's Reply to response to motion deadline set for 12/9/02. ( signed Judge Gerard E. Lynch ); (kg) (Entered: 10/25/2002)

Memo-Endorsement on letter addressed to Judge Lynch from Richard J. Cardinale, dated 10/29/02; granting plaintiffs requests for leave to file a second amended complaint . ( signed by Judge Gerard E. Lynch ); (pl) (Entered: 11/06/2002)

SECOND AMENDED COMPLAINT by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova, Toby Cohen, Brenda Hopkins, Rhonda Jones, Marcel Sarfati, Lisa Gregorio (Answer due 11/18/02 for John/Jane Does 1-50, for John/Jane Does 1-500, for Bernard Kerik, for Robert N. Davoren, for Gary Lanigan, for William J. Fraser, for The City of New York ) amending [1-1] complaint against New York City Health, Wardens of Rikers, Jacqueline Thomas-Andrews, Carolyn Thomas, Prison Health, Inc., America Services, Trevor Parks, Brown. Summons issued. (yv) (Entered: 11/13/2002)

AFFIDAVIT OF SERVICE of 2nd Amended Complaint as to Prison Health, Inc. by Paula Kash, Ct. Corp on 11/12/02 . Answer due on 12/2/02 for Prison Health, Inc. . (cd) (Entered: 11/14/2002)

AFFIDAVIT OF SERVICE of 2nd Amended Complaint as to The City of New York by unknown white female on 11/7/02 . Answer due on 11/27/02 for The City of New York . (cd) (Entered: 11/14/2002)

AFFIDAVIT OF SERVICE of 2nd Amended Complaint as to New York City Health by unknown white female on 11/7/02 . Answer due on 11/27/02 for New York City Health . (cd) (Entered: 11/14/2002)

AFFIDAVIT OF SERVICE of S/C as to Brown by unknown white female on 11/7/02. Answer due on 11/27/02 for Brown . (cd) (Entered: 11/14/2002)

AFFIDAVIT OF SERVICE of 2nd Amended Complaint as to Carolyn Thomas by Officer Jenkins on 11/7/02 . Answer due on 11/27/02 for Carolyn Thomas . (cd) (Entered: 11/14/2002)

AFFIDAVIT OF SERVICE of 2nd Amended Complaint as to Jacqueline Thomas-Andrews by Officer Jenkins on 11/7/02 . Answer due on 11/27/02 for Jacqueline Thomas-Andrews . (cd) (Entered: 11/14/2002)

MEMORANDUM OF LAW by defendants in support of their motion to disqualify plaintiffs' counsel. (kw) (Entered: 12/03/2002)

NOTICE OF MOTION by The City of New York to disqualify plntf's counsel from further representation of plntfs ; Return Date not indicated; attached are papers in support (cd) (Entered: 12/04/2002)

Memo-Endorsement on letter addressed to Judge Gerard E. Lynch from Deborah I. Meyer, dated 11/21/02. Re:, counsel for dfts requests that discovery and the motion for class certification be stayed pending a decision by the U.S. Supreme Court until approximately between February and April 2003, or in the alternative counsel for dfts requests a sixty day extension to respond to plaintiffs' class certification motion. The motions for a stay pending decision of the Certiorari petition in Shain and/or of the disqualification motion are denied. The motion for an extension of time to respond to the class certification motion is also denied since (1) it is untimely, defendants having submitted it so late that it only reached chambers on the date the response was due and (2) the motion is entirely unspecific about what addition at discovery is allegedly necessitated by the amendment of the complaint and this provides no rational basis for the Court to assess the need for an extension . ( signed by Judge Gerard E. Lynch ); (dle) (Entered: 12/06/2002)

AFFIDAVIT OF SERVICE of summons and complaint as to Trevor Parks by certified mail on 11/20/02. Answer due on 12/10/02 for Trevor Parks. (jco) (Entered: 12/10/2002)

MEMORANDUM OF LAW by The City of New York, William J. Fraser, Gary Lanigan, Robert N. Davoren, Bernard Kerik, Doe 1, John/Jane Doe no. 1, John/Jane Doe no. 2, John/Jane Doe no. 3, John/Jane Does 1-500, John/Jane Does 1-50, New York City Health, Wardens of Rikers, Jacqueline Thomas-Andrews, Carolyn Thomas, Prison Health, Inc., America Services, Trevor Parks, Brown in opposition to [8-1] motion to certify class action, [8-2] motion for preliminary injunction . (db) (Entered: 12/13/2002)

DECLARATION of Brett H. Klein by The City of New York, William J. Fraser, Gary Lanigan, Robert N. Davoren, Bernard Kerik, Doe 1, John/Jane Doe no. 1, John/Jane Doe no. 2, John/Jane Doe no. 3, John/Jane Does 1-500, John/Jane Does 1-50, New York City Health, Wardens of Rikers, Jacqueline Thomas-Andrews, Carolyn Thomas, Prison Health, Inc., America Services, Trevor Parks, Brown in support of dft's memorandum in opposition to pltff's motion for preliminary injunction. (db) (Entered: 12/13/2002)

REPLY MEMORANDUM by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova in support re: [8-1] motion to certify class action, [8-2] motion for preliminary injunction . (dle) (Entered: 12/23/2002)

ORDER, denying [8-1] motion to certify class action, denying [8-2] motion for preliminary injunction. ( signed by Judge Gerard E. Lynch ); (kw) (Entered: 12/23/2002)

RULE 1.9 CERTIFICATE filed by America Services, Prison Health, Inc. . (ae) (Entered: 01/21/2003)

ANSWER by The City of New York, William J. Fraser, Gary Lanigan, Robert N. Davoren, Bernard Kerik, Jacqueline Thomas-Andrews, Carolyn Thomas, Prison Health, Inc., America Services, Trevor Parks, Brown to [15-1] second amended complaint . (Attorney Brett H. Klein from the Firm: Michael A. Cardozo); jury demand. (ae) (Entered: 01/21/2003)

City Defendants' REPLY MEMORANDUM in Further support re: [23-1] motion to disqualify plntf's counsel from further representation of plntfs . (djc) (Entered: 01/24/2003)

DECLARATION of Brett H. Klein in support of [23-1] motion to disqualify plntf's counsel from further representation of plntfs; and to place relevant and documetns on the record; (djc) (Entered: 01/24/2003)

MEMORANDUM OF LAW by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova, Toby Cohen, Brenda Hopkins, Rhonda Jones, Marcel Sarfati, Lisa Gregorio in opposition to [23-1] motion to disqualify plntf's counsel from further representation of plntfs. (sb) (Entered: 01/24/2003)

DECLARATION of Robert N. Isseks by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova, Toby Cohen, Brenda Hopkins, Rhonda Jones, Marcel Sarfati, Lisa Gregorio in opposition to [23-1] motion to disqualify plntf's counsel from further representation of plntfs . (sb) (Entered: 01/24/2003)

DECLARATION of Michael Hueston by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova, Toby Cohen, Brenda Hopkins, Rhonda Jones, Marcel Sarfati, Lisa Gregorio in opposition to [23-1] motion to disqualify plntf's counsel from further representation of plntfs. (sb) (Entered: 01/24/2003)

DECLARATION of Richard J. Cardinale by Kadian Mcbean, Cindia Cruz, Wanda Harvey, Margarita Plyassounova, Toby Cohen, Brenda Hopkins, Rhonda Jones, Marcel Sarfati, Lisa Gregorio in opposition to [23-1] motion to disqualify plntf's counsel from further representation of plntfs . (sb) (Entered: 01/24/2003)

Transcript of record of proceedings before Judge Gerard E. Lynch for the date(s) of 12/18/02. (dt) (Entered: 02/03/2003)

Transcript of record of proceedings before Judge Gerard E. Lynch for the date(s) of 12/9/02. (dt) (Entered: 02/03/2003)

ORDER, Defendant's request for an order staying or limiting discovery is denied. ( signed by Judge Gerard E. Lynch ) (sb) (Entered: 05/23/2003)

OPINION AND ORDER #88589, denying [23-1] motion to disqualify plntf's counsel from further representation of plntfs. ( signed by Judge Gerard E. Lynch ); (kw) (Entered: 06/05/2003)

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement. Referred to Magistrate Judge Theodore H. Katz. ( signed by Judge Gerard E. Lynch ) (kw) (Entered: 06/13/2003)

STIPULATION and ORDER, defendants will serve their papers in opposition to plaintiffs' motion for class certification by 8/29/03; plaintiffs will submit their reply by 9/12/03; the parties will conduct discovery in the interim . ( signed by Judge Gerard E. Lynch ) (yv) (Entered: 06/23/2003)

Deadline(s) updated: scheduling order deadlines: Reply to response to motion deadline 9/12/03 ; . (yv)

Memo-Endorsement on letter addressed to Mag. Judge Katz from Brett H. Klein, dated 7/16/03. Counsel for defendants request a one week adjournment of the 7/18/03 status conference. The parties shall call chambers on 7/29/03 at 4:30 p.m. ( signed by Magistrate Judge Theodore H. Katz ); Copies mailed by Chambers. (sb) (Entered: 07/22/2003)

STIPULATION and ORDER, The actions, 02cv5426 and 03cv4114, are consolidated for all purposes . ( signed by Judge Gerard E. Lynch ) (sb) (Entered: 07/29/2003)

Consolidated Lead Case. (sb)

Settlement Conference held before Magistrate Judge Theodore H. Katz . (ja)

RULE 1.9 CERTIFICATE filed by The City of New York . (db) (Entered: 08/27/2003)

Memo-Endorsement on letter addressed to Hon. Gerard E. Lynch from Brett H. Klein, dated 8/22/03. counsel for defendants request a stay of discovery and the briefing of plaintiffs' motion for class certification pending the outcome of settlement negotiations. So Ordered . ( signed by Judge Gerard E. Lynch ); (yv) (Entered: 08/28/2003)

Settlement Conference held before Magistrate Judge Theodore H. Katz. (ja)

Telephone settlement Conference held before Magistrate Judge Theodore H. Katz . (cd)

Telephone Conference held on 10/9/03 before Magistrate Judge Theodore H. Katz . (dle)

Telephone Settlement Conference held on 10/9/03 before Magistrate Judge Theodore H. Katz. (sb) Modified on 10/17/2003

Telephone Settlement Conference held on 10/9/03 before Magistrate Judge Theodore H. Katz. (sb)

Minute Entry for proceedings held before Judge Theodore H. Katz : Settlement Conference (telephonic) held on 12/1/2003. (dle, ) (Entered: 12/11/2003)

Minute Entry for proceedings held before Judge Theodore H. Katz : Settlement Conference held on 1/21/2004. (jco, )

Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz : Settlement Conference held on 2/17/2004. (sb, )

MOTION for an order, granting Joel Ramos, Foster Thomas, Daniel Velazquez and Kenneth Williams, pursuant to Fed. R. Civ. P. 24(a)(2), to intervene-plaintiffs. Return Date set for 3/18/2004 12:00 PM before Judge Gerard E. Lynch. (sac, ) (Entered: 02/23/2004)

MEMORANDUM OF LAW in Support re: 49 MOTION to Intervene. (sac, ) (Entered: 02/23/2004)

Minute Entry for proceedings held before Judge Theodore H. Katz : Telephone Conference (Settlement) held on 3/8/2004. 5:20-5:45 PM. (jeh, )

MEMORANDUM OF LAW in Opposition re: 49 MOTION to Intervene. Document filed by David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Marcel Sarfati. (jco, ) (Entered: 03/12/2004)

MEMORANDUM OF LAW Of Plaintiffs in Support Of Approval Of Class Action Settlement. Document filed by David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Diedre Hendricks, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Keysha Lee Morris, Chanta Nixon, Margarita Plyassounova, Marcel Sarfati, Federico Tenorio. (jmi, ) (Entered: 03/19/2004)

DECLARATION of Richard J. Cardinale in Support Of Approval Of Class Action Settlement. Document filed by David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Diedre Hendricks, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Keysha Lee Morris, Chanta Nixon, Margarita Plyassounova, Marcel Sarfati, Federico Tenorio. (jmi, ) (Entered: 03/19/2004)

ENDORSED LETTER addressed to Judge Lynch from Richard D. Emery dated 03/24/04 re: Parties are directed to provide counsel with copies of the court filing regarding the final Settlement no later than Wednesday, March 24, 2004, and allow them to serve reply memorandum of law within five business days after those documents are provided to them, by March 31 2004; (Signed by Judge Gerard E. Lynch on 03/24/04) Filed In Associated Cases: 1:02-cv-05426-GEL-THK,1:03-cv-04114-GEL(djc, ) (Entered: 04/01/2004)

Intervenor-Plaintiffs' MEMORANDUM OF LAW in Opposition to Plaintiffs' Request for Approval of Class Action Settlement; (djc, ) (Entered: 04/20/2004)

REPLY MEMORANDUM OF LAW in Support of Approval of Class Action Settlement. Document filed by Patrick Brown, David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Diedre Hendricks, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Keysha Lee Morris, Chanta Nixon, Margarita Plyassounova, Marcel Sarfati, Federico Tenorio. (pl, ) (Entered: 04/30/2004)

MEMORANDUM OF LAW in Support of approval of class action settlement. Document filed by The City of New York. (kw, ) (Entered: 05/18/2004)

SCHEDULING ORDER: The parties having appeared for a pretrial conference on 5/20/2004: The motion for class certification filed on 10/17/2004 is withdrawn. Motions due by 6/4/2004. Cross Motions due by 6/25/2004. Responses due by 7/16/2004 Replies due 7/30/2004. (Signed by Judge Gerard E. Lynch on 5/20/2004) Filed In Associated Cases: 1:02-cv-05426-GEL-THK,1:03-cv-04114-GEL(jsa, ) (Entered: 05/25/2004) Presiding Judge: Lynch, Gerard E. Referral Judge : Katz, Theodore H. (Entered: 05/25/2004)

49 Motion to Intervene pursuant to the conference held with the parties and the Court on 5/20/2004. It is ordered that the motion to intervene by plaintiffs Joel Ramos,Foster Thomas, Daniel Valequez and Kenneth Williams is granted.. (Signed by Judge Gerard E. Lynch on 5/20/2004) Filed In Associated Cases: 1:02-cv-05426-GEL-THK,1:03-cv-04114-GEL(jsa, ) (Entered: 05/25/2004)

AMENDED MOTION for an Order Certifying this Class Action pursuant to FRCP 23(b)(2) and (3). Document filed by David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Diedre Hendricks, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Keysha Lee Morris, Chanta Nixon, Margarita Plyassounova, Marcel Sarfati, Federico Tenorio. (tp, ) (Entered: 06/07/2004)

MEMORANDUM OF LAW in Support re: 60 MOTION to Certify Class. Document filed by David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Diedre Hendricks, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Keysha Lee Morris, Chanta Nixon, Margarita Plyassounova, Marcel Sarfati, Federico Tenorio. (tp, ) (Entered: 06/07/2004)

MOTION to Appointing Emery Cell Brinckerhoff & Abady LLP as class counsel, purs to FRCP 23(g)., MOTION to Certify Class., MOTION designating Intervenor Plainitffs as represenatives of the class. Document filed by Kenneth Williams, Daniel Velazquez, Foster Thomas, Joel Ramos. Return Date set for 8/6/2004 12:00 PM. Attached are declarations in support(djc, ) (Entered: 07/09/2004)

MEMORANDUM OF LAW in Opposition re: 60 MOTION to Certify Class.. Document filed by Joel Ramos, Foster Thomas, Daniel Velazquez, Kenneth Williams; and in support of Intervenor-Plaintiffs' Motion for Class Certification; (djc, ) (Entered: 07/09/2004)

MEMORANDUM OF LAW in Opposition to: 62 MOTION to Appoint Counsel. MOTION to Certify Class. MOTION designating Intervenor Plainitffs as represenatives of the class. Document filed by America Services Group, Inc., Brown, Patrick Brown, Correction Officers, Robert N. Davoren, William J. Fraser, Health and Hospitals Corporation, Bernard Kerik, Gary Lanigan, New York City Health & Hosp's Corp., Trevor Parks, Prison Health Services, Inc., The City of New York, The Wardens of Rikers Island Correctional Facility, The Wardens of the New York City Department of Correction, Carolyn Thomas, Jacqueline Thomas-Andrews, Kim Wallace, Chante Westhook. (db, ) (Entered: 07/29/2004)

Reply Memorandum of Law in support of plaitniffs' amended motion for class certification. Document filed by David Cence, Toby Cohen, Cindia Cruz, Lisa Gregorio, Wanda Harvey, Diedre Hendricks, Brenda Hopkins, Rhonda Jones, Kadian Mcbean, Chanta Nixon, Margarita Plyassounova, Marcel Sarfati. (dle, ) (Entered: 08/02/2004)

Intervenor plaintiffs' reply memorandum in furhter support of intervenors' motion for class certification. Document filed by Joel Ramos, Foster Thomas, Daniel Velazquez, Kenneth Williams. (dle, ) (Entered: 08/04/2004)

FIRST AMENDED INTERVENOR COMPLAINT amending 1 Complaint against Michael Bloomberg, James Capoziello, Robert N. Davoren(Chief of of Department of DOC), Martin F. Horn, New York City Department of Correction (DOC), P.H.S. Medical Services, P.C., Trevor Parks, Doe 1, John/Jane Doe no. 1, John/Jane Doe no. 2, John/Jane Doe no. 3, New York City Health & Hosp's Corp., Prison Health Services, Inc., William J. Fraser, Gary Lanigan, Bernard Kerik.Document filed by Doris Edwards, Samuel Figueroa, David Gonzalez, Afifa Hudspeth, Alan S. Olson, Foster Thomas, Kenneth Williams, Daniel Velazquez, Joel Ramos. Related document: 1 Complaint.(cd, ) (Entered: 04/15/2005)

OPINION and ORDER # 91541 re: granting 60 MOTION to Certify Class. filed by Toby Cohen,, Kadian Mcbean,, Cindia Cruz,, Wanda Harvey,, Margarita Plyassounova,, Brenda Hopkins,, Rhonda Jones,, Marcel Sarfati,, Lisa Gregorio,, David Cence,, Diedre Hendricks,, Chanta Nixon,, Federico Tenorio,, Keysha Lee Morris; denying 62 MOTION to Appoint Counsel. MOTION to Certify Class. MOTION designating Intervenor Plainitffs as represenatives of teh class. MOTION to Appoint Counsel. MOTION to Certify Class. MOTION designating Intervenor Plainitffs as represenatives of teh class. filed by Joel Ramos,, Kenneth Williams,, Foster Thomas,, Daniel Velazquez;.. in the event no applciatonf or preliminary approval is made by that date, thr Court will direct immediate notice in accordance with RUle 2 3(c)(2). (Signed by Judge Gerard E. Lynch on 4/26/05) Filed In Associated Cases: 1:02-cv-05426-GEL-THK,1:03-cv-04114-GEL(djc, ) (Entered: 04/29/2005)

ORDER that the Clerk of Court is respectfully requested to close out docket #60 and 62 on all internal reports. (Signed by Judge Gerard E. Lynch on 4/26/05) (cd, ) (Entered: 05/02/2005)

PLAINTIFFS' MEMORANDUM OF LAW in Support of Approval of Class Action Settlement. (djc, ) (Entered: 05/17/2005)

MOTION to Approve approval of proposed settlement set forth in the stip and order of Class Actioin Settlement., MOTION for Attorney Fees.. (djc, ) (Entered: 05/17/2005)

AFFIDAVIT OF SERVICE of Summons and Amended Complaint upon Department of Health and Mental Hygiene. Service was accepted by Edna Gonzalez. Document filed by Kadian Mcbean. (kw, ) (Entered: 06/07/2005)

AFFIDAVIT OF SERVICE of Summons and Amended Complaint. James Capoziello served on 5/27/2005, answer due 6/16/2005. Service was accepted by Edna Gonzalez. Document filed by Kadian Mcbean. (kw, ) (Entered: 06/07/2005)

AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Thomas R. Frieden served on 5/27/2005, answer due 6/16/2005. Service was accepted by Edna Gonzalez. Document filed by Kadian Mcbean. (kw, ) (Entered: 06/07/2005)

STIPULATION AND ORDER of Class Action Settlement, as further set forth in this document. (Signed by Judge Gerard E. Lynch on 6/21/05) (cd, ) (Entered: 07/13/2005)

Transmission to Judgments and Orders Clerk. Transmitted re: 75 Stipulation and Order, to the Judgments and Orders Clerk for preparation of Judgment. (cd, )

REQUEST FOR EXCLUSION FROM CLASS. Filed by Keith Jones.(ae, ) (Entered: 07/29/2005)

NOTICE of Class Action and Proposed Class Settlement. (tb, ) (Entered: 08/01/2005)

Request by Rafael R. Nunez to be excluded from Class Action. (tb, ) (Entered: 08/01/2005)

Request by Ismael Jacques to be excluded from Class Action. (tb, )

Minute Entry for proceedings held before Judge Theodore H. Katz : Discovery Hearing held on 7/19/2005. (pl, )

REQUEST TO BE EXCLUDED FROM CLASS ACTION. Filed by Derek C. Slates. (db, ) (Entered: 08/02/2005)

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge Gerard E. Lynch on 7/25/05) Filed In Associated Cases: 1:02-cv-05426-GEL-THK,1:03-cv-04114-GEL(yv, ) (Entered: 08/01/2005)

ORDER: It is hereby ordered that Tobey Cohen is withdrawn as class representative in this matter. (Signed by Judge Gerard E. Lynch on 8/10/2005) (lb, ) (Entered: 08/25/2005)

TRANSCRIPT of proceedings held on May 31, 2005, 2:23 p.m. before Judge Gerard E. Lynch. (dt, ) (Entered: 09/08/2005)

TRANSCRIPT of proceedings held on 5/31/2005 before Judge Gerard E. Lynch. (jar, ) (Entered: 09/26/2005)