Case: Shariff v. Goord

6:04-cv-06621 | U.S. District Court for the Western District of New York

Filed Date: Dec. 22, 2004

Closed Date: 2011

Clearinghouse coding complete

Case Summary

This single Civil Rights Litigation Clearinghouse case summary describes developments in a series of cases instituted by a disabled state prisoner in New York and dealing with safe transportation of prisoners who use wheelchairs. The cases were: 01-cv-1140 (Southern District of New York)04-cv-6621 (Western District of New York), 05-cv-6025 (retaliation claim, Western District of New York), 05-cv-2903 (failure to protect claim, Southern District of New York). The same prisoner also filed a bla…

This single Civil Rights Litigation Clearinghouse case summary describes developments in a series of cases instituted by a disabled state prisoner in New York and dealing with safe transportation of prisoners who use wheelchairs. The cases were:

01-cv-1140 (Southern District of New York)

04-cv-6621 (Western District of New York),

05-cv-6025 (retaliation claim, Western District of New York),

05-cv-2903 (failure to protect claim, Southern District of New York).

The same prisoner also filed a bladder care case (filed in the Southern District as 03-cv-07664, and then transferred to the Western District 05-cv-6504), but that litigation is treated separately in PC-NY-0063.

On February 14, 2001, the paraplegic, wheelchair-using New York state prisoner filed a pro se complaint in the U.S. District Court for the Southern District of New York. After obtaining counsel in that action, he filed a first amended complaint on September 6, 2002, against officials of the New York State Department of Correctional Services ("DOCS"). That first amended complaint contained transportation-related allegations similar or identical to the allegations contained in a separate complaint he later filed in the U.S. District Court for the Western District of New York. Through his Southern District lawsuit, plaintiff sought injunctive relief requiring the named defendants to transport in a safe manner disabled prisoners who require the use of a wheelchair. He alleged that he and similarly-situated prisoners were often transported by DOCS vehicles to receive medical care not available within the facilities housing them. During these occasions, he said, their wheelchairs were inappropriate for use in vehicles or were insufficiently secured within the vehicles. On May 6, 2003, plaintiff moved District Judge Deborah A. Batts, in the Southern District of New York, for a preliminary injunction, asking that defendants be ordered to transport plaintiffs in a safe manner and with procedures and equipment that are consistent with the Americans with Disabilities Act ("ADA"). Less than three weeks later, DOCS transferred plaintiff to a prison facility outside the Southern District and, on June 9, 2003, filed their opposition to issuance of the requested injunction, saying his transfer to the different facility made his request moot. On August 8, 2003, Judge Batts denied the requested injunctive relief.

After the plaintiff had been moved in 2003, and represented by private counsel, he filed a second complaint on December 12, 2004, in the U.S. District Court for the Western District of New York. In it, he noted that his move in a vehicle while in a wheelchair to his new facility occurred with the same disregard for his safety as the defendants had previously displayed and reiterated many allegations made in his transportation-based Southern District lawsuit. Plaintiff's transportation-based complaints in both districts basically asserted six causes of action. He alleged that defendants' failure to provide safe transportation to prisoners who require a wheelchair for mobility, including plaintiff: (1) demonstrated deliberate indifference and/or willful neglect to plaintiff's serious medical needs constituting cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments of the United States Constitution; (2) deprived plaintiff of liberty and property without due process of law in violation of the Fifth and Fourteenth Amendments of the United States Constitution; (3) discriminated against qualified individuals with disabilities, including plaintiff, in violation of the Americans with Disabilities Act, 42 U.S.C. § 12132; (4) discriminated against qualified individuals with disabilities, including plaintiff, solely by reason of their disability, in violation of Section 504 of the Rehabilitation Act, 29 U.S.C. § 794; (5) by failing to provide adequate treatment of plaintiff's wrist injury suffered during the unsafe transportation of him in a wheelchair, a defendant demonstrated deliberate indifference and/or willful neglect to plaintiff's serious medical needs constituting cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments of the United States Constitution; and (6) by failing to provide adequate treatment of that wrist injury, a defendant demonstrated deliberate indifference and/or willful neglect to plaintiff's serious medical needs and deprived him of liberty and property without due process of law in violation of the Fifth and Fourteenth Amendments of the United States Constitution. Plaintiff sought compensatory and punitive damages, as well as appropriate injunctive relief and attorney's fees.

In the Western District transportation-based case, a defense motion to dismiss was denied by District Judge Charles J. Siragusa in a July 27, 2005, unpublished order. Judge Siragusa ruled that the Eleventh Amendment did not bar plaintiff's effort for injunctive relief against state officials sued in their official capacity as to the first cause of action, nor his seeking damages from those officials in his third and fourth causes of action. Neither were his claims so similar to those made in the Southern District case that the Western District case would have to be dismissed under the first-to-file rule, according to the judge. He noted that the parties had agreed to dismiss the second and sixth causes of action.

Plaintiff's request that this case be certified as a class action was granted in an order by Judge Siragusa, on April 5, 2006 (as modified on July 20, 2006). The judge described the class as consisting of DOCS inmates who use a wheelchair during vehicular transportation. The judge rejected the defendants' claim that class certification would be error in that the Eleventh Amendment barred a federal court from granting part of plaintiff's requested relief (required training for DOCS employees). Shariff v. Goord, 235 F.R.D. 563 (W.D.N.Y. 2006).

On October 20, 2011, Judge Siragusa approved the parties' settlement of both the plaintiff's personal injury claims and the class claims in two separate stipulations. The defendants were ordered to pay $20,000 in damages and $74,942.11 in attorneys' fees and costs. The defendants also agreed to address the inadequacies in transportation for prisoners in wheelchairs. The plaintiff agreed to discontinue all pending litigation except Shariff v. Goord, 05-cv-6504 (PC-NY-0063). Litigation that was discontinued included the original motor vehicle wheelchair accident claim (01-cv-1140), a retaliation claim (05-cv-6025), and a failure to protect claim (05-cv-2903).

Summary Authors

Mike Fagan (5/2/2008)

Jessica Kincaid (3/2/2014)

Related Cases

Shariff v. Allah, Western District of New York (2005)

SDNY's ADA Investigation of the NYC Department of Correction, No Court (2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4672986/parties/shariff-v-goord/


Judge(s)

Batts, Deborah A. (New York)

Feldman, Jonathan W. (New York)

Pitman, Henry B. (New York)

Siragusa, Charles J. (New York)

Attorneys(s) for Plaintiff

Cook, David L. (New York)

Koob, Elizabeth L. (New York)

Magoolaghan, Joan (New York)

Phillips, Spencer D. (New York)

Reinert, Alexander A. (New York)

Robinson, Terence Lee Jr. (New York)

Judge(s)

Batts, Deborah A. (New York)

Feldman, Jonathan W. (New York)

Pitman, Henry B. (New York)

Siragusa, Charles J. (New York)

Attorneys(s) for Plaintiff

Cook, David L. (New York)

Koob, Elizabeth L. (New York)

Magoolaghan, Joan (New York)

Phillips, Spencer D. (New York)

Reinert, Alexander A. (New York)

Robinson, Terence Lee Jr. (New York)

Shariff, Abdul (New York)

Attorneys(s) for Defendant

Bruce, Benjamin A. (New York)

Levine, Gary M. (New York)

Nosve, Donald (New York)

Schneiderman, Eric T. (New York)

Spitzer, Eliot (New York)

Steinman, Charles (New York)

Documents in the Clearinghouse

Document

6:04-cv-06621

Docket [PACER]

May 21, 2012

May 21, 2012

Docket

1:03-cv-07664

Memorandum Opinion and Order [Regarding Plaintiffs' Motion for Counsel]

U.S. District Court for the Southern District of New York

2004 WL 1944681, 2004 U.S.Dist.LEXIS 17498

Aug. 31, 2004

Aug. 31, 2004

Order/Opinion

1:03-cv-07664

Memorandum Opinion and Order [Regarding Submission of the Case to the Pro Bono Panel]

U.S. District Court for the Southern District of New York

2004 WL 2339781

Oct. 15, 2004

Oct. 15, 2004

Order/Opinion
1

6:04-cv-06621

Complaint

Dec. 20, 2004

Dec. 20, 2004

Complaint
19

6:04-cv-06621

Decision & Order [Regarding Defendants' Motion to Dismiss with Respect to the Second and Sixth Causes of Action]

July 27, 2005

July 27, 2005

Order/Opinion
22

6:04-cv-06621

Amended Decision & Order [Regarding Defendants' Motion to Dismiss with Respect to the Second and Sixth Causes of Action]

2005 WL 1863560, 2005 U.S.Dist.LEXIS 22443

Aug. 4, 2005

Aug. 4, 2005

Order/Opinion

1:03-cv-07664

Memorandum & Order [Transferring Venue]

U.S. District Court for the Southern District of New York

2005 WL 2087840, 2005 U.S.Dist.LEXIS 18602

Aug. 26, 2005

Aug. 26, 2005

Order/Opinion
37

6:04-cv-06621

Decision and Order [Regarding Class Certification]

235 F.R.D. 563, 2006 U.S.Dist.LEXIS 31964

April 6, 2006

April 6, 2006

Order/Opinion
40

6:04-cv-06621

Amended Decision and Order [Regarding Class Certification]

2006 U.S.Dist.LEXIS 49957

July 20, 2006

July 20, 2006

Order/Opinion
65

6:04-cv-06621

Rule 41 Voluntary Stipulation of Partial Dismissal Subject to Conditions

Oct. 19, 2011

Oct. 19, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4672986/shariff-v-goord/

Last updated July 17, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Glenn Goord, Lester N. Wright, MD, Thomas Poole, Peter Gregoire, Correction Officer B Williams, New York State Department of Correctional Services ( Filing fee $ 150 receipt number 67124.), filed by Abdul Shariff.(TO, ) (Entered: 12/22/2004)

Dec. 20, 2004

Dec. 20, 2004

RECAP

Summons Issued as to Glenn Goord, Lester N. Wright, MD, Thomas Poole, Peter Gregoire, Correction Officer B Williams, New York State Department of Correctional Services. (TO, )

Dec. 22, 2004

Dec. 22, 2004

PACER
2

SUMMONS Returned Executed by Abdul Shariff. New York State Department of Correctional Services served on 1/31/2005, answer due 2/22/2005. (Reinert, Alexander) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
3

SUMMONS Returned Executed by Abdul Shariff. Glenn Goord served on 1/31/2005, answer due 2/22/2005. (Reinert, Alexander) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
4

SUMMONS Returned Executed by Abdul Shariff. Lester N. Wright, MD served on 1/31/2005, answer due 2/22/2005. (Reinert, Alexander) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
5

SUMMONS Returned Executed by Abdul Shariff. Peter Gregoire served on 2/8/2005, answer due 2/28/2005. (Reinert, Alexander) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
6

SUMMONS Returned Executed by Abdul Shariff. Thomas Poole served on 2/8/2005, answer due 2/28/2005. (Reinert, Alexander) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER
7

SUMMONS Returned Executed by Abdul Shariff. Correction Officer B Williams served on 2/8/2005, answer due 2/28/2005. (Reinert, Alexander) (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

PACER

CALENDAR CALL NOTICE FOR TUESDAY, MARCH 22, 2005 AT 9:00 A.M. IN COURTROOM NUMBER 1, 100 STATE STREET, ROCHESTER, NY 14614.The purpose of this calendar call is to ascertain status. Specific information as to case status must be provided. Someone with knowledge of the case and attorneys' schedules must appear. (KAR, )

March 14, 2005

March 14, 2005

PACER
8

MOTION to Dismiss 12(b) Notice of Motion by Glenn Goord, Lester N. Wright, MD, Thomas Poole, Peter Gregoire, Correction Officer B Williams, New York State Department of Correctional Services.(Levine, Gary) (Entered: 03/22/2005)

March 22, 2005

March 22, 2005

PACER
9

MEMORANDUM/BRIEF re 8 MOTION to Dismiss 12(b) Notice of Motion by Glenn Goord, Lester N. Wright, MD, Thomas Poole, Peter Gregoire, Correction Officer B Williams, New York State Department of Correctional Services. (Attachments: # 1 Exhibit A)(Levine, Gary) (Entered: 03/22/2005)

2 Exhibit A

View on PACER

March 22, 2005

March 22, 2005

PACER
10

MOTION SCHEDULING ORDER re 8 MOTION to Dismiss 12(b) Notice of Motion filed by New York State Department of Correctional Services,, Lester N. Wright, M.D., Glenn Goord,, Peter Gregoire,, Thomas Poole,, Correction Officer B Williams, Responses due by 5/13/2005 Oral Argument set for 7/14/2005 03:00 PM before Hon. Charles J. Siragusa.. Signed by Hon. Charles J. Siragusa on 4/1/05. (KAR, ) (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

PACER
11

MEMORANDUM in Opposition re 8 MOTION to Dismiss 12(b) Notice of Motion filed by Abdul Shariff. (Attachments: # 1 Exhibit # 2 Certificate of Service)(Reinert, Alexander) (Entered: 05/12/2005)

2 Exhibit

View on PACER

3 Certificate of Service

View on PACER

May 12, 2005

May 12, 2005

PACER
12

Minute Entry for proceedings held before Judge Charles J. Siragusa : Appearances: Alexander Reineret appears for the plaintiff. Gary Levine appears for the defendant.Matter on for oral argument on defendant motion to dismiss (#8). Court denies motion and will issue a written decision. Defendant has 30 days to file answer and parties have 30 days to submit a status report as to settlement. (Court Reporter Karen Winter.) (MSH, ) (Entered: 07/15/2005)

July 14, 2005

July 14, 2005

PACER
13

ANSWER to Complaint with Jury Demand by New York State Department of Correctional Services.(Levine, Gary) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

PACER
14

ANSWER to Complaint with Jury Demand by Glenn Goord.(Levine, Gary) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

PACER
15

ANSWER to Complaint with Jury Demand by Peter Gregoire.(Levine, Gary) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

PACER
16

ANSWER to Complaint with Jury Demand by Thomas Poole.(Levine, Gary) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

PACER
17

ANSWER to Complaint with Jury Demand by Correction Officer B Williams.(Levine, Gary) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

PACER
18

ANSWER to Complaint with Jury Demand by Lester N. Wright, MD.(Levine, Gary) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

PACER
19

DECISION AND ORDER granting in part and denying in part 8 Motion to Dismiss Defendants' motion to dismiss is granted with respect to the second and sixth causes of action, and otherwise denied. Signed by Judge Charles J. Siragusa on 7/27/05. (KAR, ) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

RECAP
20

ORDER REFERRING CASE to Magistrate Judge Jonathan W. Feldman . Signed by Hon. Charles J. Siragusa on 7/27/05. (MSH, ) (Entered: 07/28/2005)

July 27, 2005

July 27, 2005

PACER
21

ORDER Scheduling Conference set for 9/7/2005 at 03:30 PM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 8/1/2005. (RO) (Entered: 08/01/2005)

Aug. 1, 2005

Aug. 1, 2005

PACER
22

AMENDED DECISION AND ORDER re 19 Order on Motion to Dismiss. Signed by Hon. Charles J. Siragusa on 8/2/05. AMENDED DECISION FILED TO CORRECT TYPOGRAPHICAL ERRORS.(KAR, ) (Entered: 08/04/2005)

Aug. 4, 2005

Aug. 4, 2005

RECAP
23

DISCOVERY PLAN by Abdul Shariff. (Attachments: # 1 Letter to Magistrate Judge Feldman re: Proposed Discovery Plan)(Reinert, Alexander) (Entered: 09/06/2005)

2 Letter to Magistrate Judge Feldman re: Proposed Discovery Plan

View on PACER

Sept. 6, 2005

Sept. 6, 2005

PACER

E-Filing Error: FILED IN ERROR - proposed order to be directly emailed or mailed to the judge for approval 23 DISCOVERY PLAN by Abdul Shariff. (Attachments: # 1 Letter to Magistrate Judge Feldman re: Proposed Discovery Plan)(Reinert, Alexander) (TO, )

Sept. 7, 2005

Sept. 7, 2005

PACER
24

RULE 26 DISCLOSURE by Glenn Goord, Lester N. Wright, MD, Thomas Poole, Peter Gregoire, Correction Officer B Williams, New York State Department of Correctional Services.(Levine, Gary) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

PACER

NOTICE of MANUAL FILING by Glenn Goord, Lester N. Wright, MD, Thomas Poole, Peter Gregoire, Correction Officer B Williams, New York State Department of Correctional Services re 24 Exhibits A through C are being filed manually due to volume and confidentiality (Levine, Gary)

Sept. 7, 2005

Sept. 7, 2005

PACER
25

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Scheduling Conference held on 9/7/2005. (RO) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

PACER
26

SCHEDULING ORDER: Mandatory disclosure due by 9/21/2005. Discovery due by 3/31/2006. Expert reports due by 5/12/2006. Rebuttal expert reports due by 5/26/2006. Join Parties/Amend Pleadings due by 11/11/2005. Motions due by 6/23/2006. Signed by Hon. Jonathan W. Feldman on 9/8/2005. (RO) (Entered: 09/08/2005)

Sept. 8, 2005

Sept. 8, 2005

PACER
27

MOTION to Certify Class by Abdul Shariff. (Attachments: # 1 Certificate of Service # 2 Memorandum in Support # 3 Certificate of Service)(Reinert, Alexander) (Entered: 10/04/2005)

2 Certificate of Service

View on PACER

3 Memorandum in Support

View on PACER

4 Certificate of Service

View on PACER

Oct. 4, 2005

Oct. 4, 2005

PACER
28

NOTICE to Take Deposition of Abdul Shariff (plaintiff) by Glenn Goord, Lester N. Wright, MD, Thomas Poole, Peter Gregoire, Correction Officer B Williams, New York State Department of Correctional Services.(Levine, Gary) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

PACER
29

MOTION SCHEDULING ORDER re 27 MOTION to Certify Class filed by Abdul Shariff. Signed by Hon. Charles J. Siragusa on 1/17/06. (KAR, ) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

PACER

Set Deadlines/Hearings: Responses due by 2/17/2006 Motion Hearing set for 3/30/2006 03:00 PM before Hon. Charles J. Siragusa. (KAR, )

Jan. 18, 2006

Jan. 18, 2006

PACER
30

LETTER ORDER re 27 MOTION to Certify Class filed by Abdul Shariff, Responses due by 3/17/2006. Signed by Hon. Charles J. Siragusa on 2/14/06. (KAR, ) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

PACER
31

DECLARATION signed by Gary M. Levine filed by Glenn Goord, Lester N. Wright, MD, Thomas Poole, Peter Gregoire, Correction Officer B Williams, New York State Department of Correctional Services. (Levine, Gary) (Entered: 03/17/2006)

March 17, 2006

March 17, 2006

PACER
32

MEMORANDUM IN OPPOSITION re 27 MOTION to Certify Class by Glenn Goord, Lester N. Wright, MD, Thomas Poole, Peter Gregoire, Correction Officer B Williams, New York State Department of Correctional Services. (Levine, Gary) (Entered: 03/17/2006)

March 17, 2006

March 17, 2006

PACER
33

Joint MOTION for Extension of Time to Complete Discovery by Abdul Shariff.(Reinert, Alexander) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

PACER

E-Filing Notification: E-FILED LETTERS ARE NOT ACCEPTED PLEASE SUBMIT LETTER IN PAPER FORM TO THE JUDGE 33 Joint MOTION for Extension of Time to Complete Discovery (TO, )

March 23, 2006

March 23, 2006

PACER
34

AMENDED SCHEDULING ORDER: Discovery due by 5/31/2006. Expert reports due by 7/14/2006. Rebuittal expert reports due by 7/28/2006. Motions due by 8/25/2006. Signed by Hon. Jonathan W. Feldman on 3/24/2006. (RO) (Entered: 03/24/2006)

March 24, 2006

March 24, 2006

PACER
35

REPLY to Response to Motion re 27 MOTION to Certify Class filed by Abdul Shariff. (Attachments: # 1 Certificate of Service)(Reinert, Alexander) (Entered: 03/27/2006)

2 Certificate of Service

View on PACER

March 27, 2006

March 27, 2006

PACER
36

Minute Entry for proceedings held before Judge Charles J. Siragusa : Motion Hearing held on 3/30/2006 re 27 MOTION to Certify Class filed by Abdul Shariff,. (Court Reporter Frank Leogrande.) (MSH, ) (Entered: 03/31/2006)

March 30, 2006

March 30, 2006

PACER
37

DECISION AND ORDER granting 27 Motion to Certify Class. Signed by Judge Charles J. Siragusa on 4/5/06. (KAR, ) (Entered: 04/06/2006)

April 6, 2006

April 6, 2006

PACER
38

Consent MOTION to Adjourn Discovery Deadlines in Light of Ongoing Settlement Discussions by Abdul Shariff.(Reinert, Alexander) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER

E-Filing Notification: letters are to be submitted in paper form directly to the judge or file document in proper pleading format (see Rule 10 form of papers in our Local Rules CP) 38 Consent MOTION to Adjourn Discovery Deadlines in Light of Ongoing Settlement Discussions (TO, )

June 1, 2006

June 1, 2006

PACER
39

ORDER staying discovery deadlines until the parties have exhausted the prospect of settlement. Parties to advise the court in writing the status of settlement negotiations no later than 8/1/2006. Signed by Hon. Jonathan W. Feldman on 6/2/06. (TO, ) (Entered: 06/05/2006)

June 2, 2006

June 2, 2006

PACER
40

AMENDED DECISION AND ORDER re 37 Order on Motion to Certify Class. Signed by Hon. Charles J. Siragusa on 7/20/06. (KAR, ) (Entered: 07/20/2006)

July 20, 2006

July 20, 2006

RECAP
41

Minute Entry for proceedings held before Judge Charles J. Siragusa : Settlement Conference held in chambers on 8/29/2006. (MSH, ) (Entered: 08/31/2006)

Aug. 29, 2006

Aug. 29, 2006

PACER
42

SCHEDULING ORDER Discovery due by 3/1/2007. Motions due by 5/29/2007.. Signed by Hon. Charles J. Siragusa on 8/31/06. (KAR, ) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

PACER
43

MEMORANDUM/BRIEF Seeking Stay of Discovery by Abdul Shariff. (Reinert, Alexander) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

PACER

E-Filing Notification: This district does not allow parties to file letters to the Court. Letters are to be submitted in paper form directly to the judge or file document in proper pleading format (see Rule 10 form of papers in our Local Rules CP) 43 MEMORANDUM/BRIEF Seeking Stay of Discovery by Abdul Shariff. (Reinert, Alexander) (TO, )

May 21, 2007

May 21, 2007

PACER
44

ORDER staying discovery deadlines until the parties have exhausted the prospect of settlement. Councel shall advise the court in writing on or before 6/29/2007 the status of settlement, in the event settlement is not achieved, a new scheduling order will be issued.. Signed by Hon. Jonathan W. Feldman on 5/23/07. (TO, ) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

PACER
45

STATUS REPORT Letter to Magistrate Judge Feldman by Abdul Shariff. (Reinert, Alexander) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

PACER

E-Filing Notification: ***User name and signature do not match, document to be re-filed for username and signature (user name and password serve as the signature on all electronic documents, see Administrative Procedures Guide pages 6 and 7 g. iii. re: signatures) ***This district does not allow parties to file letters to the Court. Letters are to be submitted in paper form directly to the judge or file document in proper pleading format (see Rule 10 form of papers in our Local Rules CP) RE: 45 STATUS REPORT Letter to Magistrate Judge Feldman by Abdul Shariff. (Reinert, Alexander) (TO)

June 27, 2007

June 27, 2007

PACER
46

STATUS REPORT Letter to Magistrate Judge by Abdul Shariff. (Reinert, Alexander) (Entered: 06/27/2007)

June 27, 2007

June 27, 2007

PACER
47

ORDER staying discovery deadlines until the parties have exhausted the prospect of settlement. Signed by Hon. Jonathan W. Feldman on 6/29/07. (TO) (Entered: 06/29/2007)

June 29, 2007

June 29, 2007

PACER
48

Minute Entry for proceedings held before Judge Charles J. Siragusa : Status Conference held on 7/10/2007. Parties will depose the experts. All expert discovery, including depositions and expert reports are to be completed by 11-30-07. Status Conference set for 12/7/2007 02:00 PM before Hon. Charles J. Siragusa. (Court Reporter Joanne Galloway.) (MSH) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

PACER
49

SCHEDULING ORDER Parties are to have all expert discovery, including depositions and expert reports, completed by November 30,2 007. Status Conference is set for 12/7/2007 02:00 PM before Hon. Charles J. Siragusa.. Signed by Hon. Charles J. Siragusa on 7/11/07. (KAR) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

PACER
50

ORDER that the courts 49 scheduling Order deadlines are stayed until further order, Joint Status Report due by 11/1/2007.. Signed by Hon. Charles J. Siragusa on 9/14/07. (TO) (Entered: 09/17/2007)

Sept. 14, 2007

Sept. 14, 2007

PACER
51

NOTICE of Change of Address by Elizabeth L. Koob (Koob, Elizabeth) (Entered: 10/19/2007)

Oct. 19, 2007

Oct. 19, 2007

PACER
52

LETTER ORDER granting defendant's letter application for extension of time to file joint status report.Status Report due by 12/3/2007. Signed by Hon. Charles J. Siragusa on 11/6/07. (KAR) (Entered: 11/07/2007)

Nov. 7, 2007

Nov. 7, 2007

PACER
53

AMENDED SCHEDULING ORDER: the stay on expert discovery is vacated; Status Conference set for 3/4/2008 02:00 PM before Hon. Charles J. Siragusa; Discovery completed by 2/28/2008.. Signed by Hon. Charles J. Siragusa on 11/21/07. (TO) (Entered: 11/21/2007)

Nov. 21, 2007

Nov. 21, 2007

PACER
54

RESPONSE to Discovery Request from Gary M. Levine (Defendants' Response to Plaintiff's Demand for Expert Disclosure) by Glenn Goord, Lester N. Wright, MD, Thomas Poole, Peter Gregoire, Correction Officer B Williams, New York State Department of Correctional Services.(Levine, Gary) (Entered: 12/12/2007)

Dec. 12, 2007

Dec. 12, 2007

PACER
55

LETTER ORDER granting counsel's joint request for adjournment of status conference. Status Conference set for 5/6/2008 03:45 PM before Hon. Charles J. Siragusa. Signed by Hon. Charles J. Siragusa on 2/26/08. (KAP) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

PACER
56

TEXT ORDER in response to Plaintiff's request in a letter dated March 26, 2008, a settlement conference is hereby scheduled for 2:45 p.m. on Friday, April 4, 2008. The conference will be held at Courtroom 1560, U.S. Courthouse, 100 State Street, Rochester, New York, 14614, (585) 613-4050, to discuss Plaintiffs concern about the repaired wheelchair in which he could be transported to outside medical care and his request that the wheelchair be replaced with one that is WC19 compliant. ( Settlement Conference set for 4/4/2008 02:45 PM before Hon. Charles J. Siragusa.) Signed by Hon. Charles J. Siragusa on 3/26/08. (KAP) (Entered: 03/27/2008)

March 27, 2008

March 27, 2008

PACER

NOTICE of Hearing: Status Conference set for 10/29/2008 03:45 PM before Hon. Charles J. Siragusa. (KAP)

Oct. 20, 2008

Oct. 20, 2008

PACER

NOTICE of Hearing: Status Conference set for 10/29/2008 03:00 PM before Hon. Charles J. Siragusa. PLEASE NOTE TIME CHANGE. DATE REMAINS THE SAME.(KAP)

Oct. 24, 2008

Oct. 24, 2008

PACER
57

Minute Entry for proceedings held before Hon. Charles J. Siragusa. Joan Magoolaghan appearing telephonically on behalf of plaintiffs. Gary Levine appearing on behalf of defendants. Status Conference held on 10/29/2008. Further Status Conference set for 11/7/2008 10:00 AM before Hon. Charles J. Siragusa. (Court Reporter FTR (raz).) (RAZ) (Entered: 10/31/2008)

Oct. 29, 2008

Oct. 29, 2008

PACER
58

Minute Entry for proceedings held before Hon. Charles J. Siragusa: Telephone Conference held on 11/7/2008. Plaintiff's counsel to confer with experts and defendants' counsel and report back to court. Appearances: J. Magoolaghan, Esq. via telephone, G. Levine, Esq. (Court Reporter Digital Recording.) (MS) (Entered: 11/07/2008)

Nov. 7, 2008

Nov. 7, 2008

PACER

NOTICE of Hearing: Status Conference set for 10/13/2009 03:45 PM before Hon. Charles J. Siragusa. Parties are given permission to appear telephonically. Court will initiate conference call.(KAP)

Oct. 1, 2009

Oct. 1, 2009

PACER
59

Minute Entry for proceedings held before Hon. Charles J. Siragusa: Joan Magoolaghan appearing via telephone on behalf of plaintiff. Gary Levine appearing via telephone on behalf of defendants. Telephone Conference held on 10/13/2009. Defense counsel to inquire about electric wheelchair and report back to court by letter on or before 10/16/09. Court sets control date of 11/20/09 with regard to proposed stipulation. (Court Reporter Karen Bush.) (KJA) (Entered: 10/14/2009)

Oct. 13, 2009

Oct. 13, 2009

PACER
60

LETTER ORDER granting defendants' request for extension of time to 12/31/09 to respond to proposed settlement stipulation. Signed by Hon. Charles J. Siragusa on 11/6/09. (KAP) (Entered: 11/06/2009)

Nov. 6, 2009

Nov. 6, 2009

PACER

NOTICE of Hearing: Settlement Conference set for 3/25/2010 11:15 AM before Hon. Charles J. Siragusa. (KAP)

March 2, 2010

March 2, 2010

PACER

AMENDED NOTICE of Hearing: Settlement Conference set for 3/26/2010 02:45 PM before Hon. Charles J. Siragusa. (KAP)

March 2, 2010

March 2, 2010

PACER
61

Minute Entry for proceedings held before Hon. Charles J. Siragusa: Elizabeth Koob and Joan Magoolaghan appearing on behalf of plaintiff. Gary Levine appearing on behalf of defendants. Settlement Conference held in chambers on 3/26/2010. (Court Reporter Karen Bush.) (KJA) (Entered: 03/31/2010)

March 26, 2010

March 26, 2010

PACER
62

*VACATED* ORDER TO SHOW CAUSE issued 3/18/2011 by the Clerk of Court pursuant to Local Rule 41.2 why this case should not be dismissed for failure to prosecute. Show Cause Response due by 4/18/2011.(SMO) Modified on 3/29/2011 (TO). (Entered: 03/18/2011)

March 18, 2011

March 18, 2011

PACER
63

LETTER ORDER vacating 62 Order to Show Cause. Signed by Hon. Charles J. Siragusa on 3/25/11. (KAP) (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

PACER
64

STIPULATION AND ORDER OF SETTLEMENT. Signed by Hon. Charles J. Siragusa on 10/19/11. (KAP) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
65

RULE 41 VOLUNTARY STIPULATION AND ORDER OF PARTIAL DISMISSAL SUBJECT TO CONDITIONS. Signed by Hon. Charles J. Siragusa on 10/19/11. (KAP) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
66

ORDER. ORDERED, that the Clerk is directed to enter judgment in Shariff v. Poole, No. 05-CV-6504-CJS-JWF and close the Poole case; and it is furtherORDERED, that since Plaintiff has not settled his lawsuit in Shariff v. Goord, No. 05-CV-6504-CJS-JWF (W.D.N.Y.), that case remains open; and it is furtherORDERED, that counsel shall file the joint motion described in the Rule 41 Voluntary Stipulation within thirty days of this Order is docketed; and it is furtherORDERED, that the joint motion be accompanied by a proposed Order granting the same; and it is furtherORDERED, that any extension of time for the filing of a joint motion be made in writing to the Court prior to the expiration of the deadline set forth above pursuant to Federal Rule of Civil Procedure 6; and it is furtherORDERED, that Plaintiffs counsel notify the Court of any meetings convened as a result of paragraph 13 of the Rule 41 Voluntary Stipulation which may extend the time of the Courts supervision of the provisions of the Rule 41 Voluntary Stipulation beyond one year from October 18, 2011 pursuant to the terms of paragraph 16 of the Rule 41 Voluntary Stipulation; and it is furtherORDERED, that this case remain open for one year pursuant to the terms of the Rule 41 Voluntary Stipulation and that on October 19, 2012, this case will be closed by the Clerk without further order of the Court.. Signed by Hon. Charles J. Siragusa on 10/26/11. CLERK OF COURT TO FOLLOW UP.(KAP) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
67

CORRECTED ORDER. ORDERED, that the Clerk is directed to enter judgment in Shariff v. Poole, No. 05-CV-6504-CJS-JWF and close the Poole case; and it is furtherORDERED, that since Plaintiff has not settled his lawsuit in Shariff v. Goord, No. 04-CV-6621-CJS-JWF (W.D.N.Y.), that case remains open; and it is furtherORDERED, that counsel shall file the joint motion described in the Rule 41 Voluntary Stipulation within thirty days of this Order is docketed; and it is furtherORDERED, that the joint motion be accompanied by a proposed Order granting the same; and it is furtherORDERED, that any extension of time for the filing of a joint motion be made in writing to the Court prior to the expiration of the deadline set forth above pursuant to Federal Rule of Civil Procedure 6; and it is furtherORDERED, that Plaintiffs counsel notify the Court of any meetings convened as a result of paragraph 13 of the Rule 41 Voluntary Stipulation which may extend the time of the Courts supervision of the provisions of the Rule 41 Voluntary Stipulation beyond one year from October 18, 2011 pursuant to the terms of paragraph 16 of the Rule 41 Voluntary Stipulation; and it is furtherORDERED, that this case remain open for one year pursuant to the terms of the Rule 41 Voluntary Stipulation and that on October 19, 2012, this case will be closed by the Clerk without further order of the Court. Signed by Hon. Charles J. Siragusa on 10/26/11. (KAP) (Entered: 10/26/2011)

Oct. 26, 2011

Oct. 26, 2011

PACER
68

Report pursuant to paragraph 8 of the 65 Stipulation and Order (TO) (Entered: 05/22/2012)

May 21, 2012

May 21, 2012

RECAP

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 22, 2004

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

"all prisoners in the custody of the New York State Department of Correctional Services who must now or in the future use a wheelchair for mobility..."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York State Department of Correctional Services, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Amount Defendant Pays: 94,942.11

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Bathrooms

Personal injury

Transportation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Male

Disability:

Mobility impairment

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run