Case: Scott v. Quay

1:19-cv-01075 | U.S. District Court for the Eastern District of New York

Filed Date: Feb. 22, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns conditions of confinement at the Metropolitan Detention Center (“MDC”) in Brooklyn, New York. On February 22, 2019, two individuals who were in the custody of the Federal Bureau of Prisons (“BOP”) at MDC brought a class action lawsuit against the warden of the MDC in the U.S. District Court for the Eastern District of New York. The case was assigned to District Judge Margo K. Brodie. Suing under Bivens, the plaintiffs alleged that MDC was plunged into darkness and cold from J…

This case concerns conditions of confinement at the Metropolitan Detention Center (“MDC”) in Brooklyn, New York. On February 22, 2019, two individuals who were in the custody of the Federal Bureau of Prisons (“BOP”) at MDC brought a class action lawsuit against the warden of the MDC in the U.S. District Court for the Eastern District of New York. The case was assigned to District Judge Margo K. Brodie.

Suing under Bivens, the plaintiffs alleged that MDC was plunged into darkness and cold from January 27, 2019 to February 3, 2019, which violated the Fifth and Eighth Amendments. The complaint claimed that because of the lack of heat and light, incarcerated people were forced into complete and near-complete lockdown in cells, had limited medical care, had infrequent showers and limited hot water, and lacked exercise opportunities, clean laundry, commissary, hot meals, access to counsel, email, and family visits. The plaintiffs alleged that these conditions constituted unlawful punishment for pretrial detainees (in violation of the Fifth Amendment) and deliberate indifference to inhumane conditions of confinement (in violation of the Eighth Amendment). Represented by private counsel and the civil rights clinic at Cardozo School of Law, the plaintiffs requested compensatory and punitive damages and attorneys' fees.

In September 2019, the Office of the Inspector General released a report concluding MDC had made various mistakes during the power outage and did not have sufficient contingency plans for similar situations.

The plaintiffs filed their first amended complaint on November 15, 2019, adding the MDC facilities manager and the United States as defendants. The amended complaint added a Federal Tort Claims Act (“FTCA”) claim against the United States and requested damages for negligence.

On May 8, 2020, the defendants moved to dismiss the complaint for failure to state a claim and lack of jurisdiction. Magistrate Judge Steven M. Gold heard oral argument on the motion to dismiss on October 21, 2020. Judge Gold recommended on November 16, 2020 that the motion be granted with respect to the Bivens claims against the warden and facilities manager and denied with respect to the FTCA claim against the United States. 2020 WL 8611292. The United States filed a motion in opposition on December 7, 2020.

Meanwhile, the case was reassigned to Magistrate Judge Peggy Kuo and District Judge Edward R. Korman. On March 22, 2021, Judge Korman adopted Judge Gold's report and recommendation on the motion to dismiss in its entirety. Discovery continued.

On March 22, 2021, Judge Korman announced that he was considering consolidating this case with related matters Haskins v. United States BOP (1:19-cv-02568) and O'Neal v. United States (1:19-cv-05039) because the cases shared common questions of law and fact. See Fed. R. Civ. P. 42. Because no party showed cause why the actions should not be consolidated, the court consolidated the cases on April 2, 2021. 

The plaintiffs moved for class certification on May 6, 2021. The court granted that motion on May 25, certifying a class of "all those people who were confined in the Metropolitan Detention Center’s West Building from January 27, 2019 until February 3, 2019, and who have or will in the future have satisfied the exhaustion requirement imposed by [the Federal Tort Claims Act]." 338 F.R.D. 178.

Various discovery disputes proceeded. Meanwhile, the court adjudicated the plaintiffs’ request to stay the O’Neal case (1:19-cv-05039), with which this case had been consolidated. The court denied it on July 21, 2021 and permitted discovery in the O'Neal action to proceed simultaneously with the class discovery here.

On December 16, 2021, the court consolidated several more cases with this one: Dobey v. United States (1:21-cv-04178), Alicea v. Quay (1:19-cv-02135), and Saeed v. Quay (1:19-cv-02134). On November 10, 2022, the court consolidated another case with this one: Lambus v. United States (1:21-cv-05446).

The court continued to adjudicate discovery matters throughout 2022. Starting in October 2022, the court stayed the litigation while the parties engaged in settlement talks. On August 17, 2023, the parties submitted a proposed settlement agreement to the court. Under the agreement, class members would receive either $2,500 or $8,750, depending on when they had submitted their claims, and anyone whose medical care had been affected by the power outage would receive $17,500. The two named plaintiffs would receive $18,750.

The next day, the parties moved to stay the matter for 8 months so they could implement the terms of the settlement. The court granted the stay on August 21, 2023 and directed the parties to file a joint status report by April 22, 2024. 

The case is ongoing as of April 19, 2024. 

Summary Authors

Michael Beech (3/30/2019)

Alex Moody (5/26/2020)

Lily Sawyer-Kaplan (9/7/2021)

Renuka Wagh (12/30/2023)

Sophia Acker (2/26/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14567079/parties/scott-v-united-states/


Judge(s)

Brodie, Margo Kitsy (New York)

Attorney for Plaintiff

Alicea, Roberto (New York)

Boyer, Nolen Dean (New York)

Cocuzza, Francesca G. (New York)

Attorney for Defendant

DePaul, Philip R. (New York)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:19-cv-01075

Docket [PACER]

Aug. 6, 2021

Aug. 6, 2021

Docket
1

1:19-cv-01075

Class Action Complaint

Feb. 22, 2019

Feb. 22, 2019

Complaint
29

1:19-cv-01075

Amended Class Action Complaint and Jury Demand

Nov. 15, 2019

Nov. 15, 2019

Complaint
65, 65-1

1:19-cv-01075

Notice of Motion

May 8, 2020

May 8, 2020

Pleading / Motion / Brief

1:19-cv-01075

Report & Recommendation

Nov. 16, 2020

Nov. 16, 2020

Magistrate Report/Recommendation

2020 WL 2020

134

1:19-cv-01075

Memorandum & Order

May 25, 2021

May 25, 2021

Order/Opinion

338 F.R.D. 338

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14567079/scott-v-united-states/

Last updated Feb. 26, 2024, 4:34 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Herman E. Quay filing fee $ 400, receipt number ANYEDC-11224177 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by David Scott, Jeremy Cerda. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons - Defendant Warden Herman E. Quay, # 3 Supplement - Related Case Statement) (Rosenfeld, Katherine) (Entered: 02/22/2019)

1 Civil Cover Sheet

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2 Proposed Summons - Defendant Warden Herman E. Quay

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3 Supplement - Related Case Statement

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Feb. 22, 2019

Feb. 22, 2019

Clearinghouse

Case Assigned to Judge Margo K. Brodie and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)

Feb. 22, 2019

Feb. 22, 2019

PACER
2

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
3

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
4

Notice of Related Case (Davis, Kimberly) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
5

Summons Issued as to Herman E. Quay. (Davis, Kimberly) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
6

NOTICE of Appearance by O. Andrew F. Wilson on behalf of Jeremy Cerda, David Scott (aty to be noticed) (Wilson, O. Andrew) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER

Order Reassigning Case

March 5, 2019

March 5, 2019

PACER

ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Steven M. Gold for all further proceedings. Magistrate Judge Lois Bloom no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 3/5/2019. (Bowens, Priscilla)

March 5, 2019

March 5, 2019

PACER
7

Third Party Motion filed by Olena Kalichenko and Antoanita Iotova to join the claim as class members. (Attachments: # 1 Mailing Envelope) (Piper, Francine) (Entered: 04/12/2019)

1 Mailing Envelope

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April 11, 2019

April 11, 2019

PACER
8

SUMMONS Returned Executed by David Scott, Jeremy Cerda. Herman E. Quay served on 4/15/2019, answer due 5/6/2019. (Rosenfeld, Katherine) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER

Status Report Order

May 23, 2019

May 23, 2019

PACER

STATUS REPORT ORDER: Counsel shall file a letter reporting on how he intends to proceed with the case by May 30, 2019. Ordered by Magistrate Judge Steven M. Gold on 5/23/2019. (Gillespie, Saudia)

May 23, 2019

May 23, 2019

PACER
9

Mail receipt (Wilson, O. Andrew) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
10

Letter to Magistrate Judge Steven M. Gold In Response to the Court's May 23, 2019 Order by Jeremy Cerda, David Scott (Rosenfeld, Katherine) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
11

SCHEDULING ORDER: An in-person initial conference will be held at 2:30 p.m. on September 13, 2019 before the undersigned in Courtroom 13-D South. Counsel for all parties must attend. Counsel for plaintiff are directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 5/31/2019. (Attachments: # 1 Chamber's Individual Rules) (Gillespie, Saudia) (Entered: 05/31/2019)

1 Chamber's Individual Rules

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May 31, 2019

May 31, 2019

PACER
12

NOTICE of Appearance by Betsy R. Ginsberg on behalf of Jeremy Cerda (aty to be noticed) (Ginsberg, Betsy) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
13

NOTICE of Appearance by Alexander A. Reinert on behalf of Jeremy Cerda (aty to be noticed) (Reinert, Alexander) (Entered: 07/19/2019)

July 19, 2019

July 19, 2019

PACER
14

MOTION for pre motion conference in connection with defendant's anticipated motion to dismiss by Herman E. Quay. (Eichenholtz, Seth) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

PACER

ORDER re 14 MOTION for pre motion conference. Plaintiffs shall respond to defendant's 14 motion for pre-motion conference on or before July 31, 2019. Ordered by Judge Margo K. Brodie on 7/23/2019. (Morel, Christopher)

July 23, 2019

July 23, 2019

PACER
15

NOTICE of Appearance by Sean P. Greene on behalf of Herman E. Quay (aty to be noticed) (Greene, Sean) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER

Order(Other)

July 24, 2019

July 24, 2019

PACER
16

Letter TO CLERK OF COURT, DOUGLAS C. PALMER; RE: REQUEST FOR PRO SE CASES TO BE DESIGNATED AS RELATED by Jeremy Cerda, David Scott (Rosenfeld, Katherine) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
17

Letter responding to and opposing in part plaintiffs' July 26 letter request to deem six other cases related to this matter by Herman E. Quay (Eichenholtz, Seth) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
18

Letter To: JUDGE BRODIE Re: OPPOSITION TO DEFENDANT QUAY'S REQUEST FOR A PRE-MOTION CONFERENCE TO DISMISS THE COMPLAINT. [ECF NO.14] by Jeremy Cerda, David Scott (Rosenfeld, Katherine) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
19

Letter TO: JUDGE BRODIE RE: OPPOSITION TO DEFENDANT QUAY'S REQUEST FOR A PRE-MOTION CONFERENCE TO DISMISS THE COMPLAINT. [ECF NO.14] *CORRECTED* by Jeremy Cerda, David Scott (Rosenfeld, Katherine) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER

Order on Motion for Pre Motion Conference

Aug. 1, 2019

Aug. 1, 2019

PACER

ORDER granting in part and denying in part 14 Motion for Pre Motion Conference. The Court denies defendants' request for a pre-motion conference. The parties shall confer and agree to a schedule pursuant to which plaintiffs will file an amended complaint and defendants, to the extent they still seek to move to dismiss the amended complaint, would move to dismiss. Ordered by Judge Margo K. Brodie on 8/1/2019. (Morel, Christopher)

Aug. 1, 2019

Aug. 1, 2019

PACER
20

NOTICE of Appearance by Alexander A. Reinert on behalf of David Scott (aty to be noticed) (Reinert, Alexander) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
21

Letter TO JUDGE BRODIE re: JOINT PROPOSED SCHEDULE by Jeremy Cerda, David Scott (Rosenfeld, Katherine) (Entered: 08/08/2019)

Aug. 8, 2019

Aug. 8, 2019

PACER

Order(Other)

Aug. 8, 2019

Aug. 8, 2019

PACER

ORDER re 21 Letter. The Court adopts the parties' proposed briefing schedule: plaintiffs shall file their amended complaint on or before November 15, 2019; defendants motion to dismiss, if any, shall be served on or before December 16, 2019; plaintiffs' opposition shall be served on or before January 24, 2020; and defendants' reply, if any, shall be filed on or before February 12, 2020. Ordered by Judge Margo K. Brodie on 8/8/2019. (Morel, Christopher)

Aug. 8, 2019

Aug. 8, 2019

PACER
22

MOTION to Adjourn Conference from September 13 until a date after November 15, plaintiffs' deadline to amend the complaint by Herman E. Quay. (Eichenholtz, Seth) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
23

RESPONSE in Opposition re 22 MOTION to Adjourn Conference from September 13 until a date after November 15, plaintiffs' deadline to amend the complaint filed by Jeremy Cerda, David Scott. (Rosenfeld, Katherine) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER

Order on Motion to Adjourn Conference

Sept. 9, 2019

Sept. 9, 2019

PACER

ORDER: Denying 22 Motion to Adjourn Conference. The in-person initial conference previously set for September 13, 2019 at 2:30 p.m. will proceed as scheduled. Ordered by Magistrate Judge Steven M. Gold on 9/9/2019. (Gillespie, Saudia)

Sept. 9, 2019

Sept. 9, 2019

PACER
24

Letter Advising Court that Defendant Intends to Seek a Stay of Discovery at the Initial Conference by Herman E. Quay (Greene, Sean) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
25

Letter to Douglas C. Palmer, Clerk of the Court, to Inquire as to the Status of Plaintiffs' Request for Pro Se Cases to be Designated as Related by Jeremy Cerda, David Scott (Rosenfeld, Katherine) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
26

Minute Entry: Initial Conference Hearing held on 9/13/2019 before Magistrate Judge Steven M. Gold. Rosenfeld, Reinert and others for plaintiffs, Eichenholtz and Greene for defendant. For the reasons stated on the record, defendant will not be required to respond to discovery demands until after plaintiffs' anticipated amended complaint is filed and a schedule is set at an initial conference. THE COURT WILL HOLD AN INITIAL CONFERENCE AT 4:00 PM ON NOVEMBER 25, 2019. Counsel shall submit a letter, jointly if feasible, identifying any matters in dispute they intend to raise at the conference by November 20, 2019. (FTR Log #2:35-3:19.) (Gillespie, Saudia) (Main Document 26 replaced on 9/16/2019) (Gillespie, Saudia). Modified on 9/17/2019 (Hong, Loan). (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
27

TRANSCRIPT of Proceedings held on September 13, 2019, before Judge Gold. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/7/2019. Redacted Transcript Deadline set for 11/18/2019. Release of Transcript Restriction set for 1/15/2020. (Hong, Loan) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER

Scheduling Order

Nov. 4, 2019

Nov. 4, 2019

PACER

SCHEDULING ORDER: Due to a scheduling conflict, the initial conference previously scheduled for November 25, 2019 is adjourned to November 26, 2019 at 11:30 a.m. in Courtroom 13D South before the undersigned. Counsel for all parties must attend. Counsel for plaintiffs is directed to immediately confirm this conference date and time with defendant's counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 11/4/2019. (Gillespie, Saudia)

Nov. 4, 2019

Nov. 4, 2019

PACER
28

NOTICE of Appearance by Scout Katovich on behalf of Jeremy Cerda, David Scott (aty to be noticed) (Katovich, Scout) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
29

AMENDED COMPLAINT against Former Warden Herman E. Quay, John Maffeo, The United States of America, filed by David Scott, Jeremy Cerda, Osman Ak, Merudh Patel, Larry Williams, Gregory Hardy. (Rosenfeld, Katherine) Modified on 11/18/2019 to correct Defendants name (Piper, Francine). (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

Clearinghouse
30

Proposed Summons. Re 29 Amended Complaint by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Rosenfeld, Katherine) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
31

Proposed Summons. Re 29 Amended Complaint by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Rosenfeld, Katherine) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
32

Proposed Summons. Re 29 Amended Complaint by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Rosenfeld, Katherine) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
33

Summons Issued as to John Maffeo, Herman E. Quay, The United States of America, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Former Warden Summons, # 2 Facilities Manager Summons) (Piper, Francine) (Entered: 11/18/2019)

1 Former Warden Summons

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2 Facilities Manager Summons

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Nov. 18, 2019

Nov. 18, 2019

PACER
34

Letter Joint Status Letter by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Katovich, Scout) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
35

Letter advising the Court that at the upcoming status conference, defendants intend to seek a 45 day extension of their time to file a motion to dismiss (which plaintiffs do not oppose) and a continued stay of discovery (which plaintiffs do oppose), along with the reasons for both requests by Herman E. Quay, The United States of America (Eichenholtz, Seth) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
36

NOTICE by Osman Ak, Gregory Hardy, Merudh Patel, Larry Williams Law Student Appearance Forms (Attachments: # 1 Law Student Appearance Forms for Alexander Hunter, # 2 Law Student Appearance Forms for Gabriella Javaheri) (Ginsberg, Betsy) (Entered: 11/22/2019)

1 Law Student Appearance Forms for Alexander Hunter

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2 Law Student Appearance Forms for Gabriella Javaheri

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Nov. 22, 2019

Nov. 22, 2019

PACER
37

SUMMONS Returned Executed by Larry Williams, Jeremy Cerda, Osman Ak, Merudh Patel, David Scott, Gregory Hardy. John Maffeo served on 11/21/2019, answer due 12/12/2019. (Rosenfeld, Katherine) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
38

Letter

Nov. 25, 2019

Nov. 25, 2019

PACER
39

Letter in response to Defendants' Nov. 21 Request for Stay of Discovery by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Ginsberg, Betsy) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

RECAP
40

ORDER re 36 Notice(Other), filed by Osman Ak, Merudh Patel, Larry Williams, Gregory Hardy. The law student appearance applications are approved. Ordered by Magistrate Judge Steven M. Gold on 11/26/2019. (Gold, Steven) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
41

Minute Entry: Initial Conference Hearing held on 11/26/2019 before Magistrate Judge Steven M. Gold. Ginsberg, Katovich, Wilson, and Hunter (law student) for plaintiffs; Eichenholtz and Greene for defendants. Defendants' application to defer discovery until after their anticipated motion to dismiss is decided, or at a minimum briefed, is denied. That said, counsel for both sides expect that they will work together cooperatively and accommodate reasonable requests for extensions of time. Rule 26(a)(1) disclosures will be made by December 9, and interrogatories and document demands may be served by December 20, 2019. Counsel for plaintiffs will submit a letter identifying other pending cases that might arguably be related to this one and the status of each. THE COURT WILL HOLD A FURTHER CONFERENCE AT 10:00 AM ON FEBRUARY 13, 2020. If counsel anticipate raising substantive disputes, they shall identify them in letters filed by February 7, with responses due by February 11, 2020. (FTR Log #11:30-11:59.) (Gillespie, Saudia) (Entered: 11/27/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
42

SUMMONS Returned Executed by Larry Williams, Jeremy Cerda, Osman Ak, Merudh Patel, David Scott, Gregory Hardy. The United States of America served on 11/22/2019, answer due 1/21/2020. (Attachments: # 1 Exhibit A - Affidavit of Service, # 2 Exhibit B - Certified Mail and Return Receipt) (Rosenfeld, Katherine) (Entered: 12/04/2019)

1 Exhibit A - Affidavit of Service

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2 Exhibit B - Certified Mail and Return Receipt

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Dec. 4, 2019

Dec. 4, 2019

RECAP
43

Consent MOTION for Extension of Time to File Defendants' Anticipated Motion to Dismiss the Amended Complaint by Herman E. Quay, The United States of America. (Greene, Sean) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER

Order on Motion for Extension of Time to File

Dec. 5, 2019

Dec. 5, 2019

PACER

ORDER: Granting 43 Motion for Extension of Time to File. The time for defendants to serve their anticipated motion to dismiss is extended to January 30, 2020. Ordered by Magistrate Judge Steven M. Gold on 12/5/2019. (Gillespie, Saudia)

Dec. 5, 2019

Dec. 5, 2019

PACER
44

NOTICE of Appearance by Shana C. Priore on behalf of Herman E. Quay, Herman E. Quay, The United States of America (aty to be noticed) (Priore, Shana) (Entered: 12/05/2019)

Dec. 5, 2019

Dec. 5, 2019

PACER
45

Letter Regarding Status of Related Cases by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Ginsberg, Betsy) (Entered: 12/10/2019)

Dec. 10, 2019

Dec. 10, 2019

RECAP
46

Consent MOTION for Extension of Time to File Defendants' Motion to Dismiss the Amended Complaint by John Maffeo, Herman E. Quay, Herman E. Quay, The United States of America. (Greene, Sean) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
47

Supplemental MOTION for Extension of Time to File Defendants' Motion to Dismiss the Amended Complaint and for Approval of the Proposed Amended Briefing Schedule (Supplementing Dkt. No. 46) by Herman E. Quay, Herman E. Quay, The United States of America. (Greene, Sean) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER

Order on Motion for Extension of Time to File

Jan. 24, 2020

Jan. 24, 2020

PACER

Status Report Order

Jan. 24, 2020

Jan. 24, 2020

PACER

ORDER: Terminating 46 Motion for Extension of Time to File. Granting 47 Supplemental Motion for Extension of Time to File. Defendant shall file their motion to dismiss by February 13, 2020, plaintiff shall file their reply by March 31, 2020, defendants shall file their reply by April 21, 2020. Ordered by Magistrate Judge Steven M. Gold on 1/24/2020. (Gillespie, Saudia)

Jan. 24, 2020

Jan. 24, 2020

PACER

STATUS REPORT ORDER: Counsel shall submit a letter by January 31, 2020, indicating whether they seek to proceed with the conference on February 13, 2020 and, if so, the matter they intend to raise at that time. Ordered by Magistrate Judge Steven M. Gold on 1/24/2020. (Gillespie, Saudia)

Jan. 24, 2020

Jan. 24, 2020

PACER
48

STATUS REPORT and request to adjourn the February 13 status conference by Herman E. Quay, The United States of America (Eichenholtz, Seth) Modified to add motion on 1/31/2020 (Gillespie, Saudia). (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

PACER

Order on Motion to Adjourn Conference

Jan. 31, 2020

Jan. 31, 2020

PACER

ORDER: Granting 48 Status Report/Motion to Adjourn Conference. The status conference previously scheduled for February 13, 2020 is adjourned to March 9, 2020 at 10:00 a.m. in Courtroom 13D South before the undersigned. If counsel anticipate raising substantive disputes, they shall identify them in letters filed by March 3, 2020, with responses due by March 6, 2020. Ordered by Magistrate Judge Steven M. Gold on 1/31/2020. (Gillespie, Saudia)

Jan. 31, 2020

Jan. 31, 2020

PACER
49

MOTION for Leave to File Excess Pages in Connection with Defendants' Memorandum of Law in Support of Their Anticipated Motion to Dismiss by John Maffeo, Herman E. Quay, The United States of America. (Greene, Sean) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER

ORDER granting 49 Motion for Leave to File Excess Pages. The Court grants defendants leave to file excess pages. Defendants' memorandum shall not exceed thirty-three (33) pages in length. Ordered by Judge Margo K. Brodie on 2/6/2020. (Johnson, Alexsis)

Feb. 6, 2020

Feb. 6, 2020

PACER

Order on Motion for Leave to File Excess Pages

Feb. 7, 2020

Feb. 7, 2020

PACER
50

Letter to Plaintiffs Enclosing Defendants' Motion to Dismiss the Amended Complaint by John Maffeo, Herman E. Quay, The United States of America (Greene, Sean) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

RECAP
51

TRANSCRIPT of Proceedings held on November 26, 2019, before Judge Gold. Court Transcriber: Transcription Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/24/2020. Redacted Transcript Deadline set for 4/3/2020. Release of Transcript Restriction set for 6/1/2020. (Rocco, Christine) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER
52

Letter Pre-Conference Letter Identifying Substantive Disputes by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Attachments: # 1 Exhibit A - OIG Report) (Katovich, Scout) (Entered: 03/03/2020)

1 Exhibit A - OIG Report

View on PACER

March 3, 2020

March 3, 2020

PACER
53

Letter responding to plaintiffs' March 3 letter setting forth issues to be addressed at the March 9 status conference by John Maffeo, Herman E. Quay, The United States of America (Eichenholtz, Seth) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER

Status Conference

March 9, 2020

March 9, 2020

PACER

Minute Entry: Status Conference held on 3/9/2020 before Magistrate Judge Steven M. Gold. Katherine Rosenfeld and Scout Katovich of Emery, Celli, Brinckerhoff & Abady, LLP, Betsy Ginsberg and law students Alexander Hunter and Gabriella Javaheri of Benjamin N. Cardozo School appearing on behalf of plaintiffs in Scott et al v. Quay, 19-cv-01075; pro se plaintiff did not appear in Saeed v. Quay, 19-cv-02134; pro se plaintiff Roberto Alicea appearing by telephone in Alicea v. Quay et al., 19-cv-02135; Amy Beth Marion appearing on behalf of plaintiff in ONeal et al v. United States of America et al., 19-CV-5039. Seth D. Eichenholtz, Sean Greene, and Shana Priore appearing on behalf of the Government; Holly Pratesi, BOP agency counsel, appearing with defendants.In ONeal v. United States, plaintiff may file an amended complaint by Friday, March 13, 2020 to clarify which claims are brought under the FTCA. By that same date, counsel shall submit a proposed schedule for submission of defendants anticipated premotion conference application seeking leave to move to dismiss.In Scott et al v. Quay, various discovery matters were addressed. The parties are directed to use their best efforts to resolve the remaining discovery matters in dispute and to inform the Court by Friday, March 13, 2020 whether they seek an additional conference on March 18, 2020 at 10:30 a.m. to resolve any disputes that remain outstanding. In addition, (1)Defendants shall disclose staffing level information for the blackout time period at issue. Once plaintiffs execute a confidentiality agreement, defendants shall disclose rosters of employees with responsibility for custody within one week and remaining staffing information within three weeks. (2) Regarding communications by BOP employees during the blackout period at issue, the parties will confer on search terms to narrow the scope of the disclosures demanded by plaintiffs. Defendants represent that emails are archived for 7 years and thus, if the need arises at a later stage of the case, a second search may be conducted fairly easily. (3) Defendants shall determine which detainees who were at MDC and subjected to the conditions of confinement at issue at any point during the relevant blackout period are currently in federal and provide plaintiffs a list of those inmates names and register numbers. Defendants shall submit a letter informing plaintiffs how long it will take to produce that information by Friday, March 13, 2020. Defendants shall also inform plaintiffs of the nature of the record-keeping of addresses of detainees who have since been released from federal custody. (4) Defendants shall produce documents relied upon in producing the OIG report and the BOP report. Defendants may provide a privilege log to the extent they withhold those documents on privilege grounds. (FTR Log #1:18-10:34.) (Gillespie, Saudia)

March 9, 2020

March 9, 2020

PACER
54

Consent MOTION for Extension of Time to File report to Court on outstanding discovery disputes and for defendants to respond to plaintiffs regarding certain discovery issues by John Maffeo, Herman E. Quay, The United States of America. (Eichenholtz, Seth) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

PACER

Order on Motion for Extension of Time to File

March 13, 2020

March 13, 2020

PACER

~Util - Set Hearings

March 13, 2020

March 13, 2020

PACER

ORDER: Granting 54 Motion for Extension of Time to File. The time for defendants to submit a letter providing plaintiffs with information regarding the custody status of inmates at MDC, discovery issues, and for the parties to report any remaining disputes is extended to March 27, 2020. The status conference previously scheduled for March 18, 2020 is adjourned to April 14, 2020 at 2:30 p.m. in Courtroom 13D South before the undersigned. Counsel for all parties must attend. Counsel for plaintiffs are directed to immediately confirm this conference date and time with defendants' counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 3/13/2020. (Gillespie, Saudia)

March 13, 2020

March 13, 2020

PACER
55

TRANSCRIPT of Proceedings held on March 9, 2020, before Judge Gold. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/10/2020. Redacted Transcript Deadline set for 4/20/2020. Release of Transcript Restriction set for 6/18/2020. (Hong, Loan) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
56

MOTION for Extension of Time to File Opposition to Defs' Motion to Dismiss and Request to File Brief of Equal Number of Pages to Defendants, MOTION for Extension of Time to File Response/Reply as to 50 Letter by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott. (Ginsberg, Betsy) (Entered: 03/23/2020)

March 23, 2020

March 23, 2020

PACER
57

Second MOTION for Extension of Time to Complete Discovery regarding certain discovery issues by John Maffeo, Herman E. Quay, The United States of America. (Eichenholtz, Seth) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER

Order on Motion for Extension of Time to Complete Discovery

March 25, 2020

March 25, 2020

PACER

Order on Motion for Extension of Time to File

March 25, 2020

March 25, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

March 25, 2020

March 25, 2020

PACER

ORDER granting 56 Motion for Extension of Time to File to April 14, 2020; granting 56 Motion for Extension of Time to File Response/Reply to May 5, 2020. Ordered by Magistrate Judge Steven M. Gold on 3/25/2020. (Gold, Steven)

March 25, 2020

March 25, 2020

PACER

ORDER granting 57 Motion for Extension of Time to Complete Discovery Discovery due by 4/10/2020.Ordered by Magistrate Judge Steven M. Gold on 3/25/2020. (Gold, Steven)

March 25, 2020

March 25, 2020

PACER
58

NOTICE of Appearance by Kathleen Anne Mahoney on behalf of All Defendants (aty to be noticed) (Mahoney, Kathleen) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER

Scheduling Order

April 10, 2020

April 10, 2020

PACER

1 - Terminate Hearings

April 10, 2020

April 10, 2020

PACER

RE-SCHEDULING ORDER: The in-person status conference previously scheduled for April 14, 2020 at 2:30 p.m. is CONVERTED to a TELEPHONIC-STATUS CONFERENCE. Each party is directed to call the following conference number: 877-336-1839, and use access code 3482793. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 4/10/2020. (Gillespie, Saudia)

April 10, 2020

April 10, 2020

PACER
59

STATUS REPORT regarding the status of discovery by John Maffeo, Herman E. Quay, The United States of America (Priore, Shana) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
60

Letter to Defendants Enclosing Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss the Amended Complaint by Osman Ak, Jeremy Cerda, Gregory Hardy, Merudh Patel, David Scott, Larry Williams (Katovich, Scout) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
61

In 19cv1075, Katovich, Rosenfeld, Wilson, Hunter and Reinert for plaintiffs; Eichenholtz, Mahoney, Greene and Priore, with Nash, for defendants. In 19cv2134, Priore for defendants. In 19cv2135, Greene for defendants. In 19cv5039, Kelton for plaintiffs and Priore for defendants. Mr. Alicea, plaintiff in 19cv2135, will submit his opposition to defendants' motion to dismiss no later than 30 days after the motion to dismiss in 19cv1075 is filed. The parties in 19cv1075 report that they have agreed to the terms of a protective order. Defendants in that matter will respond to plaintiffs' proposed ESI search terms by April 16, 2020. Counsel in 19cv5039 expect to agree that, once plaintiffs serve demands and agree to a protective order, discovery similar to that which is expected to be provided by defendants in 19cv1075 will be produced by defendants in 19cv5039. THE COURT WILL HOLD A FURTHER TELEPHONE CONFERENCE AT 2:00 PM ON MAY 26, 2020. Counsel will submit a letter reporting on the parties progress in discovery and identifying any disputes they expect to raise at the conference by May 21, 2020. (FTR Log #2:30-3:00.) (Gillespie, Saudia) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
62

Letter to Honorable Steven M. Gold enclosing proposed Stipulation and Order for the Protection of Materials and Information by The United States of America (Attachments: # 1 Proposed Order) (Mahoney, Kathleen) Modified to add motion on 4/15/2020 (Gillespie, Saudia). (Entered: 04/15/2020)

1 Proposed Order

View on RECAP

April 15, 2020

April 15, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 22, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class consisting of "all those people who were confined in the Metropolitan Detention Center’s West Building from January 27, 2019 until February 3, 2019, and who have or will in the future have satisfied the exhaustion requirement imposed by 28 U.S.C. § 2675."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Federal Bureau of Prisons (- United States (national) -), Federal

Metropolitan Detention Center (Brooklyn, Kings), Federal

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Conditions of confinement

Personal injury

Recreation / Exercise

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Visiting

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Medication, administration of

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run