Case: Medina v. Fischer

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

Tessa Bialek and Margo Schlanger

COMPLAINT against Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Lucy Buther(American's with Disabilities Act Coordinator; individually), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), Brian Fischer(Commissioner; and on behalf of all others similarly situated), Brian Fischer(Commissioner; Individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Robert Raymond(American's with Disabilities Act Coordinator; individually), Robert Raymond(American's with Disabilities Act Coordinator; in his official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), Brian Villegas(Correction Officer/Law Library Supervisor; in his official capacity), Brian Villegas(Correction Officer/Law Library Supervisor; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually). Reply required under Prison Litigation Reform Act Section 7(2)(g)(2). Document filed by Darrius Reid, Peter Lopez, Anthony Medina, Warren Davis, Christopher Morrishaw, James Colantuono, Ling Loet, Ben Rawls, Michael Smith, Kevin Jones, Paul Ford, Kelvin Corran. (Attachments: # 1 part 2, # 2 part 3)(mro) (Entered: 01/14/2011)

1 part 2

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2 part 3

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Case Designated PLRA purs. to Prison Litigation Reform Act Section 7(2)(g)(2). (mro) (Entered: 01/14/2011)

Case Designated PLRA purs. to Prison Litigation Reform Act Section 7(2)(g)(2). (mro)

MOTION to Proceed In forma Pauperis and supporting affirmation .Document filed by Peter Lopez.(mro) Modified on 1/19/2011 (mro). (Entered: 01/19/2011)

MOTION to Proceed In forma Pauperis and supporting affirmation .Document filed by James Colantuono.(mro) Modified on 1/19/2011 (mro). (Entered: 01/19/2011)

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Anthony Medina.(mro) (Entered: 01/19/2011)

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Kelvin Corran.(mro) (Entered: 01/19/2011)

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Warren Davis.(mro) (Entered: 01/19/2011)

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Michael Smith.(mro) (Entered: 01/19/2011)

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Kevin Jones.(mro) (Entered: 01/19/2011)

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Darrius Reid.(mro) (Entered: 01/19/2011)

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Christopher Morrishaw.(mro) (Entered: 01/19/2011)

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Ling Loet.(mro) (Entered: 01/19/2011)

MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Paul Ford.(mro) (Entered: 01/19/2011)

ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION & PRISONER AUTHORIZATION: Plaintiffs are directed to render payment of the filing fee or each submit an IFP application & Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Clerk of Court is directed to mail to each Plaintiff a copy of this Order. The Court certifies, pursuant to 28 U.S.C. ยง 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 2/18/2011. In Forma Pauperis (IFP) Application due by 2/18/2011. Prisoner Authorization Form due by 2/18/2011. (Signed by Judge Loretta A. Preska on 1/19/2011) (Attachments: # 1 IFP, # 2 Prisoner Authorization)(ees). (Entered: 01/19/2011)

1 IFP

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NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case. (ees)

Order Mailed with IFP Application and PLRA Form: Order mailed with IFP Application and PLRA Form on 01/20/2011 by Pro se Office. (vj)

Order and IFP Application Mailed with PLRA Form: Order and IFP Application mailed with PLRA Form on 01/25/2011 to Plaintiffs Peter Lopez, Ling Loet,Paul Ford, James Colantuono, Darrius Reid, Ben Rawls, Warren Davis, Christopher Morrishaw, Kevin Jones and Michael Smith. (vj)

ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiffs are directed to pay the $350.00 filin fee or, in the alternative, to each submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. ยง 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Prisoner Authorization Form due by 3/4/2011. (Signed by Judge Loretta A. Preska on 2/2/2011) (Attachments: # 1 Prisoner Authorization)(ees) (Entered: 02/02/2011)

1 Prisoner Authorization

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Order and PLRA Form Mailed: Order and PLRA Form mailed on 02/04/2011 to plaintiff by Pro se Office. (vj)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kevin Jones.(mbe) (Entered: 02/09/2011)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael Smith.(mbe) (Entered: 02/09/2011)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Christopher Morrishaw.(mbe) (Entered: 02/09/2011)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Warren Davis.(mbe) (Entered: 02/09/2011)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Darrius Reid.(mbe) (Entered: 02/09/2011)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Peter Lopez.(mbe) (Entered: 02/09/2011)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Paul Ford.(mbe) (Entered: 02/09/2011)

DECLARATION of Ling Loet. Document filed by Ling Loet. (mbe) (Entered: 02/10/2011)

DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anthony Medina.(mro) (Entered: 02/17/2011)

DECLARATION of Ben Rawls. Document filed by Ben Rawls. (mro) (Entered: 02/17/2011)

DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anthony Medina.(mro) (Entered: 02/24/2011)

PLRA form received by the Pro Se office on February 16, 2011. Document filed by James Colantuono. (jnm) (Entered: 02/16/2011)

PLRA form received by the Pro Se office on February 15, 2011. Document filed by Kelvin Corran. (jnm) (Entered: 02/16/2011)

AFFIDAVIT of Ben Rawls. Document filed by Ben Rawls. (mro) (Entered: 03/02/2011)

MEMO ENDORSEMENT on re: 30 Declaration in Support of I.F.P. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Loretta A. Preska on 3/1/2011) (jfe) (Entered: 03/01/2011)

ORDER granting 2 Motion to Proceed In forma Pauperis ; granting 3 Motion to Proceed In forma Pauperis ; granting 6 Motion to Proceed In forma Pauperis ; granting 7 Motion to Proceed In forma Pauperis ; granting 8 Motion to Proceed In forma Pauperis ; granting 9 Motion to Proceed In forma Pauperis ; granting 10 Motion to Proceed In forma Pauperis ; granting 11 Motion to Proceed In forma Pauperis ; withdrawing 12 Motion ; granting 13 Motion to Proceed In forma Pauperis. The Court grants Plaintiffs Ling Loet's and Ben Rawls's request to withdraw from this action pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. The Clerk of Court is directed not to charge Plaintiffs Ling Loet and Ben Rawls any portion of the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiffs Ling Loet and Ben Rawls is directed to suspend any previously authorized monetary deduction from Plaintiff Ling Loet's and Ben Rawls's prison trust accounts for this lawsuit. Furthermore, this action as it pertains to Plaintiffs Anthony Medina, Peter Lopez, Paul Ford, Kevin Corran, James Colantuono, Darrius Reid, Kevin Jones, Warren Davis, Christopher Morrishaw and Michael Smith shall proceed. The Court grants Plaintiffs' request to proceed in forma pauperis and directs the Clerk of Court to reassign this case to a district judge in accordance with the procedures of the Clerk's Office. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. (Signed by Judge Loretta A. Preska on 3/9/2011) (mro) (Entered: 03/10/2011)

Transmission to Case Assignment Clerk. Transmitted re: 34 Order on Motion for Miscellaneous Relief to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (mro)

NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Loretta A. Preska is no longer assigned to the case. (sjo) (Entered: 03/11/2011)

Magistrate Judge James L. Cott is so designated. (sjo)

AMENDED COMPLAINT amending 1 PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint against Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Lucy Buther(American's with Disabilities Act Coordinator; individually), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), Brian Fischer(Commissioner; and on behalf of all others similarly situated), Brian Fischer(Commissioner; Individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Robert Raymond(American's with Disabilities Act Coordinator; individually), Robert Raymond(American's with Disabilities Act Coordinator; in his official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually).Document filed by Darrius Reid, Peter Lopez, Anthony Medina, Warren Davis, Christopher Morrishaw, James Colantuono, Michael Smith, Kevin Jones, Paul Ford, Kelvin Corran. Related document: 1 PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint filed by Kelvin Corran, Darrius Reid, Christopher Morrishaw, James Colantuono, Paul Ford, Ling Loet, Peter Lopez, Michael Smith, Ben Rawls, Warren Davis, Anthony Medina, Kevin Jones. (Attachments: # 1 part 2, # 2 part 3)(mro) (Entered: 03/14/2011)

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Mailed notice re: 35 Notice of Case Assignment/Reassignment to the attorney(s) of record. (sjo)

UNSIGNED ORDER TO SHOW CAUSE and TEMPORARY RESTRAINING ORDER filed by the plaintiffs.(mro) (Entered: 03/24/2011)

ORDER: The Clerk of Court is directed to issue a Summons in this action and prepare and forward the necessary papers to the United States Marshal for service of the Summons and Amended Complaint upon the Defendants. The United States Marshal is also directed to serve a courtesy copy of the Summons and Amended Complaint on the Attorney General of the State of New York. The Clerk shall also serve a copy of this Order on Plaintiffs. (Signed by Judge Loretta A. Preska on 3/21/2011) (jar) (Entered: 03/21/2011)

SUMMONS ISSUED as to Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Lucy Buther(American's with Disabilities Act Coordinator; individually), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), Brian Fischer(Commissioner; and on behalf of all others similarly situated), Brian Fischer(Commissioner; Individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Robert Raymond(American's with Disabilities Act Coordinator; individually), Robert Raymond(American's with Disabilities Act Coordinator; in his official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually). (vj)

FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 3/25/2011 per the instructions of Judge Loretta A. Preska. See 39 Order,. (vj)

***DELETED DOCUMENT. Deleted document number 41 PRO SE MEMORANDUM. The document was incorrectly filed in this case. (tro)

***DELETED DOCUMENT. Deleted document number 42 PRO SE MEMORANDUM. The document was incorrectly filed in this case. (tro)

MOTION for an order permitting the Plaintiffs to communicate with each other, and directing the Defendants to provide Plaintiff Medina with access to auxiliary devices and services. Document filed by James Colantuono.(ae) (Entered: 06/08/2011)

NOTICE OF APPEARANCE by Frederick Hongyee Wen on behalf of Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually) (mbe) (Entered: 05/06/2011)

ENDORSED LETTER addressed to Judge Loretta A. Preska from Frederick H. Wen dated 5/4/2011 re: Counsel respectfully request a 90 day extension to respond to the amended complaint by answer or motion until 8/5/11. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 5/10/2011) Copies mailed by Chambers. (jfe) Modified on 5/13/2011 (jfe). (Entered: 05/10/2011)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity) served on 4/26/2011, answer due 5/17/2011; Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually) served on 4/26/2011, answer due 5/17/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. James Walsh(Superintendent; in his official capacity) served on 4/29/2011, answer due 5/20/2011; James Walsh(Superintendent; individually) served on 4/29/2011, answer due 5/20/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually) served on 4/13/2011, answer due 5/4/2011; June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity) served on 4/13/2011, answer due 5/4/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Leslie Malin(Deputy Superintendent for Programs; individually) served on 4/13/2011, answer due 5/4/2011; Leslie Malin(Deputy Superintendent for Programs; in her official capacity) served on 4/13/2011, answer due 5/4/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually) served on 4/13/2011, answer due 5/4/2011; Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity) served on 4/13/2011, answer due 5/4/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity) served on 4/14/2011, answer due 5/5/2011; Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually) served on 4/14/2011, answer due 5/5/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity) served on 4/15/2011, answer due 5/6/2011; Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually) served on 4/15/2011, answer due 5/6/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. New York Department of Correctional Services served on 4/26/2011, answer due 5/17/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Carl J. Koenignmann, MD served on 4/12/2011, answer due 5/3/2011; Carl J. Koenigsmann, MD served on 4/12/2011, answer due 5/3/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Brian Fischer(Commissioner; and on behalf of all others similarly situated) served on 4/18/2011, answer due 5/9/2011; Brian Fischer(Commissioner; Individually) served on 4/18/2011, answer due 5/9/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. New York State Division of Parole served on 4/20/2011, answer due 5/11/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Lynn J. Lilley(Deputy Superintendent for Administration; individually) served on 4/14/2011, answer due 5/5/2011; Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity) served on 4/14/2011, answer due 5/5/2011. Service was made by MAIL. (js) (Entered: 06/10/2011)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity) served on 4/26/2011, answer due 5/17/2011; Kenneth S. Perlman(Deputy Commissioner for Programs; individually) served on 4/26/2011, answer due 5/17/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)

FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 6/7/2011 via Federal Express AIRBILL # 874803493080. The service package included: a copy of the summons, a copy of the (IFP), change of address postcards, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (vj)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. New York State Office of Mental Health served on 4/29/2011, answer due 5/20/2011. Service was accepted by mail. Document filed by Anthony Medina. (pl) (Entered: 06/27/2011)

ORDER, the Clerk of Court is directed to serve a copy of the letter and motion on the Attorney General of the State of New York. The Attorney General of the State of New York is directed to respond to Plaintiff Medina's letter and motion to address the issues raised by August 5,2011. (Signed by Judge Loretta A. Preska on 6/30/11) Copies Mailed By Chambers. (pl) (Entered: 07/01/2011)

Transmission to Docket Assistant Clerk. Transmitted re: 59 Order, Set Deadlines, to the Docket Assistant Clerk for case processing. (pl)

Mailed a copy of 56 MOTION, 41 Letter to Attorney General of the State of NY Eric T. Schneiderman by Certified Mail # 7001 2510 0008 7682 4988 with Return Receipt Requested. (eef)

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. (Signed by Judge Loretta A. Preska on 8/5/11) (rjm) (Entered: 08/08/2011)

ENDORSED LETTER addressed to Judge Loretta A. Preska from Frederick H. Wen dated 8/5/11 re: I respectfully request a brief three-day extension to respond to the amended complaint and to plaintiff Medina's motion until August 10, 2011. ENDORSEMENT: Application granted. So ordered. Lisa Chenel (Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity) answer due 8/10/2011; Lisa Chenel (Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually) answer due 8/10/2011; Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually) answer due 8/10/2011; Peter Cohen (Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity) answer due 8/10/2011; June Yvette Gatewood (Correction Counselor/Sensorial Disabled Unit Counselor; individually) answer due 8/10/2011; June Yvette Gatewood (Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity) answer due 8/10/2011; Carl J. Koenignmann, MD answer due 8/10/2011; Carl J. Koenigsmann, MD answer due 8/10/2011; Lynn J. Lilley (Deputy Superintendent for Administration; individually) answer due 8/10/2011; Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity) answer due 8/10/2011; Leslie Malin (Deputy Superintendent for Programs; individually) answer due 8/10/2011; Leslie Malin (Deputy Superintendent for Programs; in her official capacity) answer due 8/10/2011; New York Department of Correctional Services answer due 8/10/2011; New York State Division of Parole answer due 8/10/2011; New York State Office of Mental Health answer due 8/10/2011; Kenneth S. Perlman (Deputy Commissioner for Programs; in his official capacity) answer due 8/10/2011; Wladyslaw Sidorowicz, MD (Facility Health Service Director; in her official capacity) answer due 8/10/2011; Wladyslaw Sidorowicz, MD (Facility Health Service Director; individually) answer due 8/10/2011; James Walsh (Superintendent; in his official capacity) answer due 8/10/2011; James Walsh (Superintendent; individually) answer due 8/10/2011; Lester L. Wright, MD (Chief Medical Officer/Deputy Commissioner; In his official capacity) answer due 8/10/2011; Lester L. Wright, MD (Chief Medical Officer/Deputy Commissioner; Individually) answer due 8/10/2011. (Responses due by 8/10/2011). (Signed by Judge William H. Pauley, III on 8/8/11) (rjm) (Entered: 08/08/2011)

NOTICE OF DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT. Document filed by Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually).(lmb) (Entered: 08/11/2011)

DECLARATION of Frederick H. Wen in Support re: 62 NOTICE OF DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT. (lmb) (Entered: 08/11/2011)

MEMORANDUM OF LAW in Support re: 62 NOTICE OF DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT. Document filed by Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually). (lmb) (Entered: 08/11/2011)

ORDER: On April 27, 2011, Plaintiff Anthony Medina submitted a letter and motion to the Court seeking placement in the Sensorially Disabled Unit at Wende Correctional Facility, access to auxiliary devices and services while in segregation, and permission to communicate in writing with co-Plaintiffs in this action. Defendants submitted a letter response to the Honorable Loretta A. Preska on August 11, 2011. Plaintiffs are hereby directed to submit a reply to the Court no later than September 12, 2011. Plaintiffs are advised to submit all filings and correspondence to the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York, New York 10007 (Telephone: (212) 805-0175). (Signed by Magistrate Judge James L. Cott on 8/19/2011) Copies Mailed By Chambers. (jfe) (Entered: 08/19/2011)

Letter addressed to Judge Loretta A. Preska from Frederick H. Wen dated 8/10/11 re: Counsel for the defendants requests that plaintiff Medina's letter and motion seeking injunctive relief should be dismissed as moot, with respect to his request for reasonable accommodations and SDU transfer request because he is expected to be moved to the block for disabled inmates at Wende, and denied as premature or meritless because he has yet to exhaust his available administrative remedies via Directive #4422, with respect to his request for permission to communicate with his co-plaintiffs.(mro) (Entered: 09/02/2011)

Letter addressed to Judge Loretta A. Preska from Anthony Medina dated 8/8/11 re: Plaintiff is in receipt of defense counsel's 8/5/11 letter to the court in which an extension is requested to respond to the complaint and respond to this motion. He is unable to challenge counsel's request because he was served by ordinary first class mail. Document filed by Anthony Medina.(mro) (Entered: 09/02/2011)

ORDER: Plaintiffs' time to respond to the pending motion to dismiss is adjourned to December 16,2011. Mr. Boston shall inform the Court prior thereto as to whether the Legal Aid Society will undertake representation of plaintiffs. (Set Deadlines/Hearing as to 62 MOTION to Dismiss. :( Responses due by 12/16/2011) (Signed by Judge Loretta A. Preska on 9/16/2011) Copies Mailed By Chambers. (jfe) (Entered: 09/16/2011)

Received Return Receipt of 56 MOTION, 41 Letter as to Attorney General of the State of NY Eric T. Schneiderman, which was served by Certified Mail # 7001 2510 0008 7682 4988, on 7/5/2011. (eef)

MOTION to enlarge the print on all documents remitted to him by the Court and defendants. Document filed by Anthony Medina.(mro) (Entered: 10/17/2011)

ORDER: On October 3, 2011, the Court received Plaintiffs' undated "Motion to Enlarge the Print on All Documents Remitted to Him by the Court and Defendants." Plaintiffs have not submitted any proof of service such as an affirmation or affidavit of service verifying that the motion was served on Defendants. The Pro Se Office is directed to send the motion to Defendants.Plaintiffs are reminded that they must serve all submissions to the Court on Defendants, and proof of service must accompany any such submissions to the Court. Plaintiffs are also advised to submit all filings and correspondence to the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York, New York 10007 (Telephone: (212) 805-0175). (copy forwarded to the Pro Se Office) (Signed by Magistrate Judge James L. Cott on 10/14/2011) Copies Mailed By Chambers. (cd) (Entered: 10/14/2011)

MOTION for Preliminary Injunction. Document filed by Anthony Medina.(msa) (Entered: 11/08/2011)

ORDER: Plaintiffs' time to respond to the Defendant's motion to dismiss is extended until January 16, 2012, subject to further extension, if required. Defendants shall show cause in writing no later than December 16, in papers in 32 font or 28 bold font, 1) why Plaintiffs should not receive all papers from Defendants in that size print, 2) why Plaintiffs should not have daily access to the Resource Room or to devices similar to those described by Plaintiff Medina in his Declaration dated November 2, 2011 [dkt. no. 75] to assist in reading and communicating, and 3) why Plaintiffs should not be permitted to communicate with each other in writing about this action. Plaintiffs' reply papers shall be served no later than January 16, 2012. (Responses due by 1/16/2012) (Signed by Judge Loretta A. Preska on 11/29/2011) Copies Mailed By Chambers To Plaintiff. (ab) (Entered: 11/29/2011)

ENDORSED LETTER addressed to Judge Loretta A. Preska from John Boston dated 12/2/2011 re: Counsel writies to inform the Court of the status of this matter pursuant to the Court's order of September 16, 2011. ENDORSEMENT: The Court has extended the time for plaintiffs to respond to the motion but expects a decision from the legal aid society before December 16, as counsel requested. Copies Mailed By Chambers. (Signed by Judge Loretta A. Preska on 12/5/2011) (jfe) Modified on 12/21/2011 (jfe). (Entered: 12/06/2011)

ORDER: it is ordered that the Attorney General shall ascertain the addresses where these Defendants maybe served. The Attorney General shall provide this information to Plaintiffs and the Court no later than January 6, 2012 or, if they are employed by DOCS (or another state entity), to accept service on their behalf. Once the information is provided to the Court, the Clerk of Court is directed to issue a new Summons in this action and prepare and forward the necessary papers to the United States Marshal for service of the new Summons and Amended Complaint upon Defendants Buther and Raymond unless the Attorney General's Office accepts service. The Clerk shall serve a copy of this Order on Plaintiffs. (Signed by Judge Loretta A. Preska on 12/6/2011) Copies Mailed By Chambers. (pl) Modified on 12/6/2011 (pl). Modified on 1/31/2012 (pl). (Entered: 12/06/2011)

ENDORSED LETTER addressed to Judge Loretta A. Preska from Frederick H. Wen dated 12/8/2011 re: counsel for plaintiff writes in response to the Court's december 6, 2011 Order, defendants Lucy Buther and Robert Raymond can be served at the addresses that are set forth in this Letter. ENDORSEMENT: Accordingly, as set out in the December 6 order, the Clerk of the Court shall issue a new summons and prepare and forward the necessary, papers for service to the United States Marshal. (Signed by Judge Loretta A. Preska on 12/8/2011) (pl) Modified on 12/8/2011 (pl). copies mailed to plaintiff by chambers (Entered: 12/08/2011)

MEMORANDUM OF LAW in Opposition re: 75 MOTION for Preliminary Injunction. Document filed by Brian Fischer(Commissioner; and on behalf of all others similarly situated) et al. (cd) (Entered: 12/19/2011)

DECLARATION of Frederick H Wien in Opposition re: 75 MOTION for Preliminary Injunction. Document filed by Brian Fischer(Commissioner; and on behalf of all others similarly situated) et al. (cd) (Entered: 12/19/2011)

DECLARATION of Lisa Chenel in Opposition re: 75 MOTION for Preliminary Injunction. Document filed by Brian Fischer(Commissioner; and on behalf of all others similarly situated) et al. (cd) (Entered: 12/19/2011)

DECLARATION of Karen Crowley in Opposition re: 75 MOTION for Preliminary Injunction. Document filed by Brian Fischer(Commissioner; and on behalf of all others similarly situated) et al. (cd) (Entered: 12/19/2011)

AMENDED SUMMONS ISSUED as to Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Robert Raymond(American's with Disabilities Act Coordinator; individually). (vj)

FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 12/232011 per the instructions of Judge Loretta A. Preska. See 78 Order,,,. (vj)

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Lucy Buther(American's with Disabilities Act Coordinator; individually). Attempted Service of Summons and Amended Complaint,,,,,,,,,,,,,. Service was attempted on 8/11/2011. Document filed by Anthony Medina. 3/29/2011 Sent out for mail service, no response. 7/20/2011 Set up for Per/Service. 8/11/2011 Does not work at this address Legal would not accept (js) (Entered: 01/17/2012)

ORDER: By letter dated December 16, 2011, the Legal Aid Society informed the Court that they intend to offer to represent the Plaintiffs in this action. Pursuant to the attached letter from Plaintiff Anthony Medina, dated January 3, 2012, the Court extends both Plaintiffs' time to respond to the pending motion to dismiss [dkt. 62] and Plaintiffs' time to reply to the motion for a preliminary injunction [dkt. 75]. Accordingly, Plaintiffs time to respond is extended until February 16, 2012.The Clerk shall serve a copy of this Order on Plaintiffs. Set Deadlines/Hearing as to 62 MOTION to Dismiss. 75 MOTION for Preliminary Injunction. ( Responses due by 2/16/2012) (Signed by Judge Loretta A. Preska on 1/11/2011) The Clerks Office Has Mailed Copies. (cd) (Entered: 01/11/2012)

Transmission to Docket Assistant Clerk. Transmitted re: 84 Order, Set Motion and R&R Deadlines/Hearings, to the Docket Assistant Clerk for case processing. (cd)

Mailed a copy of 84 Order, Set Motion and R&R Deadlines/Hearings, to James Colantuono 03-A-3490 Wende Corr. Facility P.O. Box 1187 Alden, NY 14004 by Certified Mail # 7003 0500 0000 0277 3743 with Return Receipt Requested. (eef)

Mailed a copy of 84 Order, Set Motion and R&R Deadlines/Hearings, to Anthony Medina 99-A-2999 Wende Correctional Facility P.O. Box 1187 Alden, NY 12733 by Certified Mail # 7003 0500 0000 0277 3736 with Return Receipt Requested. (eef)

Mailed a copy of 84 Order, Set Motion and R&R Deadlines/Hearings, to Peter Lopez 95-B-2608 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733- by Certified Mail # 7003 0500 0000 0277 3774 with Return Receipt Requested. (eef)

Mailed a copy of 84 Order, Set Motion and R&R Deadlines/Hearings, to Paul Ford 81-B-1297 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733- by Certified Mail # 7003 0500 0000 0277 3781 with Return Receipt Requested. (eef)

Mailed a copy of 84 Order, Set Motion and R&R Deadlines/Hearings, to Kelvin Curran 93-B-2003 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733- by Certified Mail # 7003 0500 0000 0277 3798 with Return Receipt Requested. (eef)

Mailed a copy of 84 Order, Set Motion and R&R Deadlines/Hearings, to Darrius Reid 09-A-4744 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733 by Certified Mail # 7003 0500 0000 0277 3804 with Return Receipt Requested. (eef)