Case: Chunn v. Edge

1:20-cv-01590 | U.S. District Court for the Eastern District of New York

Filed Date: March 27, 2020

Closed Date: Aug. 12, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: Four inmates with underlying medical conditions filed a class action petition seeking habeas relief. The petitioners sought to represent a class of all current and future detainees in custody at the Metropolitan Detention Center during the course of the COVID-19 pandemic. The court denied to grant a preliminary injunction on July 9, 2020. The case is now closed.On March 27, 2020, four inmates filed a class action petition seeking habeas relief. Due to underlying medical condit…

COVID-19 Summary: Four inmates with underlying medical conditions filed a class action petition seeking habeas relief. The petitioners sought to represent a class of all current and future detainees in custody at the Metropolitan Detention Center during the course of the COVID-19 pandemic. The court denied to grant a preliminary injunction on July 9, 2020. The case is now closed.


On March 27, 2020, four inmates filed a class action petition seeking habeas relief. Due to underlying medical conditions, each of the petitioners is particularly vulnerable to the COVID-19 disease. The petitioners, represented by private counsel and the Cardozo Civil Rights Clinic at the Benjamin N. Cardozo School of Law, sought to represent a class of all current and future detainees in custody at the Metropolitan Detention Center (“MDC”) during the course of the COVID-19 pandemic. The warden of the MDC was listed as the respondent. The petitioners alleged that their continued detainment amidst the COVID-19 pandemic violated their Fifth and Eighth Amendment rights to be free from degrading and inhuman conditions of confinement. The petitioners sought immediate release of medically vulnerable MDC detainees and for the respondent to implement mitigation measures to protect those still detained. The petitioners requested a Special Master be appointed to chair a Coronavirus Release Committee to evaluate vulnerable inmates and make recommendations accordingly. The case was assigned to Judge Rachel Kovner.

The petitioners specifically alleged that the conditions of confinement made it impossible to practice recommended preventative care measures such as social distancing and frequent sanitation. They also alleged that, if an inmate were to contract COVID-19, the MDC does not have adequate medical resources to treat the disease. To support their release, they cited the U.S. Attorney General’s memo to the Director of the Bureau of Prisons at MDC directing him to prioritize the use of statutory authorities to grant home confinement for inmates seeking transfer in connection with the COVID-19 pandemic.

On April 2, Judge Rachel Kovner issued an order referring the parties to Magistrate Judge Mann to explore settlement options. Judge Kovner specifically requested the parties to consider the compassionate-release provision at 18 U.S.C. § 3582(c)(1)(A). A number of courts have already used that provision to grant compassionate releases because the individual's health conditions placed them at grave risk while confined during the COVID-19 epidemic. In the settlement agreements, Judge Kovner noted, the Bureau of Prisons could agree to promptly review the petitioner's release requests. In the meantime, Judge Kovner stayed the decision on the request for a temporary restraining order.

The parties engaged in negotiations over the next two days. Each plaintiff filed a request with Warden Edge seeking early release. The Warden subsequently denied the plaintiffs' requests. The plaintiffs also filed motions with their sentencing judges seeking compassionate release under 18 U.S.C. 3582(c)(1)(A); these proceedings are ongoing. Meanwhile, the plaintiffs failed additional information with the Court, including expert declarations stating that isolating and monitoring people with known risk factors is critical to mitigating their risk of death or serious illness (Declaration of Dr. Homer Venters), and that everyone who has COVID-19 symptoms must be tested to mitigate their risk (Declaration of Dr. Robert Cohen).

On April 8, Judge Kovner denied the plaintiffs' motion for a temporary order. Six days later, Judge Kovner authorized limited expedited discovery in advance of the plaintiffs' motion for a preliminary injunction. The authorized discovery requests were limited to the protocol governing when prisoners or staff request and receive COVID-19 testing, the amount of soap received at MDC since February 1, a list of sick-call requests for medical care submitted by MDC prisoners from March 13 through April 13, a deposition from a member of MDC management, and a site inspection.

Regarding the site inspection, Judge Kovner ordered on April 15 that the site inspection was relevant to the petitioner's discovery in order to gain an understanding of the conditions there. 2020 WL 1872523. Specifically, Dr. Venters had testified earlier on the spread of COVID-19 and best practices for prevention, but an inspection would allow Dr. Venters to testify as to the conditions at MDC. The three-hour inspection was scheduled to take place on April 23, and include one housing unit not under quarantine, the intake unit, one quarantine unit, an appropriate isolation unit, the Special Housing Unit, and the Health Services Offices and Exam Rooms. Judge Kovner permitted Dr. Venters cell-front access to converse briefly with prisoners, subject to their own willingness to converse.

On April 23, the plaintiffs filed an amended class-action petition for writ of habeas corpus. The amended petition included more recent information about the spread of COVID-19.

The defendant moved to dismiss the complaint for failure to state a claim and for lack of subject-matter jurisdiction on April 24. In the alternative, the defendant asked for the Court to grant summary judgment. The defendant argued that two of the plaintiffs had already been mooted by their release, and the other claims were barred by res judicata. Furthermore, the defendant argued that the plaintiff had failed to state a claim upon which relief could be granted because the Bureau of Prisons was taking steps to address the health risks posed by COVID-19.

As discovery began, the plaintiffs filed a motion to quash the deposition of Dr. Venters. The plaintiffs argued that the defendants were engaging in too broad of discovery requests given the expedited timeline for discovery. On April 25, Magistrate Judge Mann determined that the defendants were improperly pursuing full discovery on an expedited timeline, rather than tailoring their discovery demands to the necessities in advance of the preliminary injunction hearing. However, the Court found that it was premature to rule on the reasonableness of specific document demands or interrogatories, and therefore declined to quash the subpoena for Dr. Venters' deposition.

The plaintiffs filed a motion for preliminary injunctive relief on April 30. The motion argued that the defendants were violating the plaintiffs' Fifth and Eighth Amendment rights by continuing to incarcerate them despite their increased vulnerability to COVID-19, and sought the immediate release of elderly prisoners and prisoners with underlying health conditions. Among other relief measures, it also sought the screening of current and future detainees for COVID-19 symptoms, and daily evaluations of all prisoners suspected or confirmed to have COVID-19. The motion was supported in part by Dr. Venters' expert report which he prepared after having completed his inspection of the facility. His report detailed a lack of adequate preventative measures at the MDC, including a broken sick-call system in which prisoners' reported symptoms were not addressed.

On May 12, the Court heard arguments for the plaintiff's motion for preliminary injunction. Subsequently, each party filed their proposed findings of fact. The Court also directed the parties to confer as to sanitation policies for the duration of the proceedings.

On June 9, Judge Kovner denied the motion for preliminary injunction, stating the plaintiffs had not proved substantial likelihood of success on their claim of deliberate indifference, especially in light of the defendants' efforts to mitigate the spread of COVID-19. 2020 WL 3055669.

On July 28, the defendants filed a letter with the court, informing Judge Kovner that the last named petitioner had been released from custody, stating that there was no longer a case or controversy before the court. Accordingly, on August 12, the court issued an order dismissing the case in light of the petitioners' notice of voluntary dismissal. This case is closed.

Summary Authors

Justin Hill (5/23/2020)

Lily Sawyer-Kaplan (10/25/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17020815/parties/chunn-v-edge/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Cho, James R. (New York)

Donoghue, Richard P. (New York)

Eichenholtz, Seth D (New York)

Expert/Monitor/Master/Other

Cohen, Robert C. (Pennsylvania)

Giftos, Jonathan MD (New York)

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Documents in the Clearinghouse

Document

1:20-cv-01590

Docket [PACER]

July 28, 2020

July 28, 2020

Docket
1

1:20-cv-01590

Class Action Petition Seeking Writ of Habeas Corpus

March 27, 2020

March 27, 2020

Complaint
12 (& 12-1 to 12-12)

1:20-cv-01590

[Proposed] Temporary Restraining Order and Memorandum of Law in Support of Petitioners' Motion for a Temporary Restraining Order

March 30, 2020

March 30, 2020

Pleading / Motion / Brief
18, 18-1, 18-2

1:20-cv-01590

Respondent's Memorandum of Law in Opposition to Petitioners' Motion for a Temporary Restraining Order

March 31, 2020

March 31, 2020

Pleading / Motion / Brief
22

1:20-cv-01590

Respondent's Supplemental Memorandum of Law in Opposition to Petitioner's Motion for a Temporary Restraining Order

April 1, 2020

April 1, 2020

Pleading / Motion / Brief
23

1:20-cv-01590

Order

April 2, 2020

April 2, 2020

Order/Opinion
26 (& 26-1 to 26-6)

1:20-cv-01590

Letter to Honorable Rachel P. Kovner Regarding Status of Settlement Discussions and Enclosing Supplemental Declaration

April 3, 2020

April 3, 2020

Pleading / Motion / Brief
34

1:20-cv-01590

Letter pursuant to the Court's April 5, 2020 Order by Derek Edge

April 7, 2020

April 7, 2020

Pleading / Motion / Brief
35

1:20-cv-01590

Letter Response to Government's 4/7/20 Submission

April 7, 2020

April 7, 2020

Pleading / Motion / Brief
37, 37-1

1:20-cv-01590

Letter enclosing parties' proposed case management plan, setting forth respondent's position regarding discovery, respondent's request to stay discover & for entry of a briefing schedule with respect to respondent's anticipated motion to dismiss

April 10, 2020

April 10, 2020

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17020815/chunn-v-edge/

Last updated March 24, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus Under 28 U.S.C. ยง 2241 filing fee $ 5, receipt number ANYEDC-12601809, filed by Justin Rodriguez, Hassan Chunn, Ayman Rabadi, Nehemiah McBride. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons to Respondent Warden Derek Edge, # 3 Proposed Order to Show Cause, # 4 Exhibit 1 - Declaration of Deirdre D. von Dornum with Exhibits, # 5 Exhibit 2 - Declaration of Jonathan Giftos, M.D.) (Rosenfeld, Katherine) (Entered: 03/27/2020)

1 Civil Cover Sheet

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2 Proposed Summons to Respondent Warden Derek Edge

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3 Proposed Order to Show Cause

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4 Exhibit 1 - Declaration of Deirdre D. von Dornum with Exhibits

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5 Exhibit 2 - Declaration of Jonathan Giftos, M.D.

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March 27, 2020

March 27, 2020

RECAP
3

Unsigned Order to Show Cause by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Bowens, Priscilla) (Entered: 03/30/2020)

March 27, 2020

March 27, 2020

PACER

Case Assigned to Judge Rachel P. Kovner. 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. (Bowens, Priscilla)

March 27, 2020

March 27, 2020

PACER
6

Summons Issued as to Derek Edge. (Bowens, Priscilla) (Entered: 03/30/2020)

March 27, 2020

March 27, 2020

PACER
2

Letter Related Case Statement to Clerk of Court by Hassan Chunn (Rosenfeld, Katherine) (Entered: 03/29/2020)

March 29, 2020

March 29, 2020

RECAP
4

NOTICE of Appearance by Scout Katovich on behalf of Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (aty to be noticed) (Katovich, Scout) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER

Case Assigned/Reassigned

March 30, 2020

March 30, 2020

PACER
5

Civil Cover Sheet.. Re 1 Petition for Writ of Habeas Corpus, by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Rosenfeld, Katherine) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
7

Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Bowens, Priscilla) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

RECAP
8

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. (Bowens, Priscilla) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
9

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
10

NOTICE of Appearance by Betsy R. Ginsberg on behalf of Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (aty to be noticed) (Ginsberg, Betsy) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
11

NOTICE of Appearance by Alexander A. Reinert on behalf of All Plaintiffs (notification declined or already on case) (Reinert, Alexander) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
12

MOTION for Temporary Restraining Order by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Petitioners' Motion for a Temporary Restraining Order, # 2 Declaration Declaration of Katherine Rosenfeld, # 3 Exhibit 1 - Declaration of Carmen Nevarez, # 4 Exhibit 2 - Letter from Kenneth Montgomery, # 5 Exhibit 3 - Declaration of Tasha Moore, # 6 Exhibit 4 - Letter from Robert Baum, # 7 Exhibit 5 - Declaration of Migdaliz Quinones, # 8 Exhibit 6 - Rabadi Medical Attention Form, # 9 Exhibit 7 - Letter from Mr. DuBoulay, # 10 Exhibit 8 - Declaration of Jacklyn Romanoff, # 11 Exhibit 9 - Declaration of Jaime Meyer, # 12 Declaration Supplemental Declaration of Deirdre D. Von Dornum) (Rosenfeld, Katherine) (Entered: 03/30/2020)

1 Memorandum in Support Memorandum of Law in Support of Petitioners' Motion f

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2 Declaration Declaration of Katherine Rosenfeld

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3 Exhibit 1 - Declaration of Carmen Nevarez

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4 Exhibit 2 - Letter from Kenneth Montgomery

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5 Exhibit 3 - Declaration of Tasha Moore

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6 Exhibit 4 - Letter from Robert Baum

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7 Exhibit 5 - Declaration of Migdaliz Quinones

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8 Exhibit 6 - Rabadi Medical Attention Form

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9 Exhibit 7 - Letter from Mr. DuBoulay

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10 Exhibit 8 - Declaration of Jacklyn Romanoff

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11 Exhibit 9 - Declaration of Jaime Meyer

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12 Declaration Supplemental Declaration of Deirdre D. Von Dornum

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March 30, 2020

March 30, 2020

RECAP
13

NOTICE of Appearance by James R. Cho on behalf of Derek Edge (aty to be noticed) (Cho, James) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

RECAP
14

NOTICE of Appearance by O. Andrew F. Wilson on behalf of Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (aty to be noticed) (Wilson, O. Andrew) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
15

NOTICE of Appearance by Samuel Shapiro on behalf of Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (aty to be noticed) (Shapiro, Samuel) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER

Scheduling Order re: 12 Motion for Temporary Restraining Order: A hearing on Petitioners' motion for a temporary restraining order is hereby scheduled for April 1, 2020 at 11:30 a.m. The hearing will be held by telephone. At 11:30 a.m., the parties shall call into the Court's dedicated conference line at (888) 278-0296 and type in the access code 2012636, followed by the pound (#) key. By 2 p.m. on March 31, 2020, the Government shall file a written response to Petitioners' motion for a temporary restraining order. Ordered by Judge Rachel P. Kovner on 3/30/2020. (Liss, Jeremy)

March 30, 2020

March 30, 2020

PACER
16

NOTICE of Appearance by Alexander A. Reinert on behalf of Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (aty to be noticed) (Reinert, Alexander) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
17

Consent MOTION for Extension of Time to File Response/Reply (request for an extension of time until 4 p.m. to file respondent's response to the motion for a temporary restraining order) by Derek Edge. (Cho, James) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER

Order

March 31, 2020

March 31, 2020

PACER

ORDER granting 17 Motion for Extension of Time to File Response/Reply (request for an extension of time until 4 p.m. to file respondent's response to the motion for a temporary restraining order). Respondent's deadline to respond to the TRO request is extended until 4 p.m. on 3/31/20. Ordered by Judge Rachel P. Kovner on 3/31/2020.(Kovner, Rachel)

March 31, 2020

March 31, 2020

PACER
18

RESPONSE in Opposition re 12 MOTION for Temporary Restraining Order filed by Derek Edge. (Attachments: # 1 Declaration (Declaration of Associate Warden Milinda King), # 2 Exhibit (Associate Warden King Declaration Exhibits 1-3))) (Cho, James) (Entered: 03/31/2020)

1 Declaration (Declaration of Associate Warden Milinda King)

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2 Exhibit (Associate Warden King Declaration Exhibits 1-3))

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March 31, 2020

March 31, 2020

RECAP
19

Letter enclosing courtesy copies of Respondent's Memorandum of Law in Opposition to Petitioners' Motion for a Temporary Restraining Order, and Declaration of Associate Warden Milinda King with Exhibits 1-3 (ECF Nos. 18, 18-1 and 18-2) by Derek Edge (Cho, James) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP
20

NOTICE of Appearance by Seth D. Eichenholtz on behalf of Derek Edge (aty to be noticed) (Eichenholtz, Seth) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER

Order(Other)

April 1, 2020

April 1, 2020

PACER

ORDER: In preparation for the hearing on petitioners' request for a temporary restraining order, the parties should be prepared to discuss: (1) the extent to which petitioners and other inmates in the proposed class have alternative avenues for obtaining release, including compassionate release and bail, and whether the availability of alternative avenues bears on the TRO analysis; (2) why orders of release from custody, instead of orders directed at constitutionally deficient conditions, are the appropriate remedy for any such conditions; and (3) the relevance, if any, of additional BOP measures publicly reported this evening ("BOP COVID-19 Action Plan Phase Five"). If Respondent believes that the new BOP measures are relevant, the Court requests that Respondent submit a supplemental declaration that outlines the additional measures or incorporates a memorandum setting out those measures. Ordered by Judge Rachel P. Kovner on 4/1/2020. (Hershey, Kenneth)

April 1, 2020

April 1, 2020

PACER
21

AFFIDAVIT/DECLARATION in Opposition re 12 MOTION for Temporary Restraining Order (supplemental declaration of Associate Warden Milinda King and MDC's implementation of Phase 5 of the COVID-19 Action Plan)) filed by Derek Edge. (Cho, James) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

RECAP
22

MEMORANDUM in Opposition re 12 MOTION for Temporary Restraining Order supplemental memorandum filed by Derek Edge. (Eichenholtz, Seth) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

RECAP

Minute Entry for telephonic hearing before Judge Rachel P. Kovner on 04/01/2020. Katherine Rosenfeld, Alexander Reinert, Betsy Ginsberg, and Andrew Wilson appeared for petitioners. James Cho and Seth Eichenholtz appeared for respondent. Argument held on petitioners' request for a temporary restraining order. Decision reserved. (Court Reporter Anthony Frisolone.) (Hershey, Kenneth)

April 1, 2020

April 1, 2020

PACER
23

ORDER REFERRING CASE FOR SETTLEMENT DISCUSSIONS: This case is respectfully referred to Magistrate Judge Mann for the purpose of exploring settlement. As further discussed in the attached order, the parties are directed to make themselves available to Judge Mann today for discussion of the issues raised in petitioners' request for a temporary restraining order. Ordered by Judge Rachel P. Kovner on 4/2/2020. (Hershey, Kenneth) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

RECAP

Telephone Conference

April 2, 2020

April 2, 2020

PACER
24

Minute Entry for Settlement Conference held on 4/2/2020 before Magistrate Judge Roanne L. Mann. Settlement discussions held and continued to April 3, 2020 at 9:00 a.m. See attached for appearances. (Proujansky, Josh) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
25

Minute Entry for Settlement Conference held on 4/3/2020 before Magistrate Judge Roanne L. Mann. Further settlement discussions held. The government will provide the Court and petitioner's counsel with a prompt update. See attached for appearances. (Proujansky, Josh) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

RECAP
26

Letter to Honorable Rachel P. Kovner Regarding Status of Settlement Discussions and Enclosing Supplemental Declaration by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Attachments: # 1 Supplemental Declaration of Katherine Rosenfeld in Further Support of Petitioners' Request for a Temporary Restraining Order, # 2 Exhibit A - Charts, # 3 Exhibit B - BOP Letter dated April 3, 2020, # 4 Exhibit C - Declaration of Homer Venters, # 5 Exhibit D - Transcript of April 1, 2020 Proceeding, # 6 Exhibit E - Declaration of Robert C. Cohen, M.D.) (Rosenfeld, Katherine) (Entered: 04/03/2020)

1 Supplemental Declaration of Katherine Rosenfeld in Further Support of Petitione

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2 Exhibit A - Charts

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3 Exhibit B - BOP Letter dated April 3, 2020

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4 Exhibit C - Declaration of Homer Venters

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5 Exhibit D - Transcript of April 1, 2020 Proceeding

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6 Exhibit E - Declaration of Robert C. Cohen, M.D.

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April 3, 2020

April 3, 2020

RECAP
27

STATUS REPORT on behalf of the government in response to the Court's April 2, 2020 Order (ECF No. 23), and April 3, 2020 Order (ECF No. 25) by Derek Edge (Cho, James) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

RECAP
28

Letter Updating Court on Respondents' Denials of Petitioners' Compassionate Release Requests by Hassan Chunn (Rosenfeld, Katherine) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
29

MEMORANDUM in Opposition to Petitioners' Supplemental Declarations (ECF No. 26) filed by Derek Edge. (Cho, James) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER

SCHEDULING ORDER: A teleconference on the 12 motion for a temporary restraining order is hereby scheduled for April 4, 2020 at 10:00 a.m.The parties are directed to call (888) 278-0296 and type in the access code 2012636 to join the conference. Ordered by Judge Rachel P. Kovner on 4/3/2020. (Yaffe, Leah)

April 3, 2020

April 3, 2020

PACER
30

Letter on behalf of the government in response to petitioners' letter to the Court regarding the denials of petitioners' compassionate release requests by Derek Edge (Cho, James) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
31

NOTICE of Appearance by Joseph Anthony Marutollo on behalf of Derek Edge (aty to be noticed) (Marutollo, Joseph) (Entered: 04/04/2020)

April 3, 2020

April 3, 2020

PACER
32

Letter respectfully informing the Court of the Attorney General's April 3, 2020 Memorandum to BOP by Derek Edge (Attachments: # 1 Exhibit) (Marutollo, Joseph) (Entered: 04/04/2020)

1 Exhibit

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April 4, 2020

April 4, 2020

PACER

Scheduling Order

April 4, 2020

April 4, 2020

PACER
33

Letter respectfully informing the Court of the BOP Memorandum dated April 3, 2020 by Derek Edge (Attachments: # 1 Exhibit) (Marutollo, Joseph) (Entered: 04/04/2020)

1 Exhibit

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April 4, 2020

April 4, 2020

PACER

Order and minute entry for telephonic conference before Judge Rachel P. Kovner on 04/04/2020. Katherine Rosenfeld, Alexander Reinert, Betsy Ginsberg, Andrew Wilson, and Scout Katovich appeared for petitioners. James Cho, Seth Eichenholtz, and Allon Lifshitz appeared for respondent. Holly Pratesi joined the call on behalf of the Bureau of Prisons (BOP). Deirdre von Dornum joined the call on behalf of the Federal Defenders. Lisa Olson joined the call on behalf of the Department of Justice. The Court held in abeyance petitioners' 12 motion for a temporary restraining order while petitioners pursue their applications for compassionate release. Respondent shall file a letter by April 7, 2020, stating whether the BOP has reached a final decision on petitioners' applications. If BOP has not yet reached a final decision, respondent shall advise the Court when final decisions will be reached and whether the government is pressing (or intends to press) failure to fully exhaust administrative remedies as a basis to oppose consideration of applications by petitioners' sentencing courts under 18 U.S.C. 3582(c)(1)(A). (Yaffe, Leah)

April 5, 2020

April 5, 2020

PACER
34

Letter pursuant to the Court's April 5, 2020 Order by Derek Edge (Marutollo, Joseph) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

RECAP
35

Letter Response to Government's 4/7/20 Submission by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Rosenfeld, Katherine) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
36

Letter addendum to Respondent's April 7 letter, and opposition to Petitioners' April 7 letter by Derek Edge (Marutollo, Joseph) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

RECAP

A phone conference in this case is scheduled for April 8 at 5 p.m. The parties are directed to call (888) 278-0296 and type in the access code 2012636 to join the conference. Ordered by Judge Rachel P. Kovner on 4/7/2020. (Hershey, Kenneth)

April 7, 2020

April 7, 2020

PACER

Order(Other)

April 8, 2020

April 8, 2020

PACER

Order and minute entry for telephonic conference before Judge Rachel P. Kovner on 4/08/2020. Katherine Rosenfeld, Alexander Reinert, Betsy Ginsberg, Andrew Wilson, and Scout Katovich appeared for petitioners. James Cho, Seth Eichenholtz, Joseph Marutollo, and Allon Lifshitz appeared for respondent. Holly Pratesi and Darrin Howard joined the call on behalf of the Bureau of Prisons (BOP). Deirdre von Dornum joined the call on behalf of the Federal Defenders. Lisa Olson joined the call on behalf of the Department of Justice. The parties discussed the compassionate-release applications that are pending with the BOP and petitioners' sentencing judges. The Court denied the 12 motion for a temporary restraining order. The parties agreed to confer about an expedited discovery schedule and a date for a preliminary injunction hearing. The parties are directed to submit a joint proposed schedule by 4/10/2020. If the parties cannot agree on a schedule, then they should submit letters describing their competing proposals and any points of agreement. Ordered by Judge Rachel P. Kovner on 4/08/2020. (Court Reporter Linda Marino) (Yaffe, Leah)

April 8, 2020

April 8, 2020

PACER

ORDER denying 12 motion for a temporary restraining order. As discussed at today's telephonic conference, the motion for a TRO is denied. Ordered by Judge Rachel P. Kovner on 4/08/2020. (Yaffe, Leah)

April 8, 2020

April 8, 2020

PACER
37

Letter enclosing parties' proposed case management plan, and setting forth respondent's position regarding discovery, respondent's request to stay discovery and request for entry of a briefing schedule with respect to respondent's anticipated motion to dismiss by Derek Edge (Attachments: # 1 (Proposed Case Management Plan)) (Cho, James) (Entered: 04/10/2020)

1 (Proposed Case Management Plan)

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April 10, 2020

April 10, 2020

PACER
38

NOTICE of Appearance by Paulina Stamatelos on behalf of Derek Edge (aty to be noticed) (Stamatelos, Paulina) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER

ORDER: Petitioners may respond to 37 respondent's letter motion concerning discovery by 4/11/2020 at 5 p.m. Ordered by Judge Rachel P. Kovner on 4/10/2020. (Kovner, Rachel)

April 10, 2020

April 10, 2020

PACER

Order(Other)

April 11, 2020

April 11, 2020

PACER

ORDER: A telephone conference is scheduled in this case for 4/13/20 at 3 p.m. While reserving judgment on respondent's motion to stay, the Court (1) directs petitioners to promptly file on ECF the discovery demands that they served on 4/10/20; (2) authorizes petitioners to serve their Rule 30(b)(6) notice of deposition on 4/12/20 as proposed; (3) directs petitioners to file the Rule 30(b)(6) notice on ECF once served; and (4) directs respondent to be prepared to discuss during the teleconference any objections to petitioners' discovery demands, including objections based on burdensomeness. The parties are directed to call (888) 278-0296 and type in the access code 2012636 to join the conference. Ordered by Judge Rachel P. Kovner on 4/11/20. (Kovner, Rachel)

April 11, 2020

April 11, 2020

PACER

Scheduling Order

April 11, 2020

April 11, 2020

PACER
39

Letter Response to Government's 4/10/20 Letter-Motion by Hassan Chunn, Derek Edge, Ayman Rabadi, Justin Rodriguez (Attachments: # 1 Exhibit Ex. A and B) (Rosenfeld, Katherine) (Entered: 04/11/2020)

1 Exhibit Ex. A and B

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April 11, 2020

April 11, 2020

PACER

Order(Other)

April 12, 2020

April 12, 2020

PACER

ELECTRONIC ORDER re 39 Letter filed by Ayman Rabadi, Derek Edge, Hassan Chunn, Justin Rodriguez. Petitioners neglected to attach Exhibits A (notice of site inspection) and B (Dr. Venters' CV) to their April 11th letter (DE #39). They are directed to promptly cure that omission. Ordered by Magistrate Judge Roanne L. Mann on 4/12/2020. (Proujansky, Josh)

April 12, 2020

April 12, 2020

PACER
40

Letter Providing Exhibits A and B to Letter at Dkt. 39 by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Rosenfeld, Katherine) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

RECAP
41

Letter Enclosing Notice of 30(b)(6) Deposition by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Rosenfeld, Katherine) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

RECAP
42

Letter in response to petitioners' discovery demands and pursuant to the Court's April 11, 2020 Order by Derek Edge (Cho, James) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

RECAP

Minute entry for telephonic conference before Judge Rachel P. Kovner and Judge Roanne L. Mann on 4/13/2020. Katherine Rosenfeld and Betsy Ginsberg appeared for petitioners. James Cho, Seth Eichenholtz, and Joseph Marutollo appeared for respondent. Holly Pratesi and Darrin Howard joined the call on behalf of the Bureau of Prisons (BOP). Deirdre von Dornum joined the call on behalf of the Federal Defenders. Lisa Olson joined the call on behalf of the Department of Justice. The parties discussed their proposals for discovery. The Court took the proposals and objections under advisement. Ordered by Judge Rachel P. Kovner on 4/13/2020. (Court Reporter Sophia Nolan) (Hershey, Kennet)

April 13, 2020

April 13, 2020

PACER
43

ORDER: The Court has considered the parties' proposals and objections regarding discovery. The parties are directed to adhere to the schedule for expedited discovery and preliminary injunction briefing set out in the attached order. Ordered by Judge Rachel P. Kovner on 4/14/2020. (Liss, Jeremy) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

RECAP
44

Letter Supplementing Petitioners' Letter Request dated 4/11/2020 by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Attachments: # 1 Exhibit A - Consent Order Appointing Amicus, # 2 Exhibit B - Administrative Order 2019-03) (Rosenfeld, Katherine) (Entered: 04/14/2020)

1 Exhibit A - Consent Order Appointing Amicus

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2 Exhibit B - Administrative Order 2019-03

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April 14, 2020

April 14, 2020

PACER
45

ORDER: The Court considered the parties' proposals and objections regarding a site inspection and concludes that the petitioners should be permitted to perform an inspection. As further detailed in the attached order, the parties are directed to advise the Court on April 16, 2020, whether they have reached an agreement on the parameters of an inspection. If areas of disagreement remain, the parties shall explain their positions on the disputed issues. Ordered by Judge Rachel P. Kovner on 4/15/2020. (Hershey, Kenneth) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

RECAP
46

Letter Enclosing Joint Proposed Stipulation and Protective Order by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Attachments: # 1 Joint Proposed Stipulation and Protective Order) (Rosenfeld, Katherine) (Entered: 04/15/2020)

1 Joint Proposed Stipulation and Protective Order

View on RECAP

April 15, 2020

April 15, 2020

RECAP
47

Letter pursuant to the Court's April 14, 2020 discovery order and responsive documents by Derek Edge (Attachments: # 1 (Declaration of Lieutenant Commander D. Jordan, RN/BSN), # 2 (Responsive Documents Bates numbered BOP 1-203)) (Cho, James) (Entered: 04/15/2020)

1 (Declaration of Lieutenant Commander D. Jordan, RN/BSN)

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2 (Responsive Documents Bates numbered BOP 1-203)

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April 15, 2020

April 15, 2020

RECAP

ORDER: The Court approves and so orders the parties' joint proposed stipulation and protective order (Dkt. No. 46 ), with the following clarifications: (1) Paragraph 6: The Court and court personnel are not required by this paragraph to sign Exhibit A; and (2) Paragraph 9: This paragraph does not apply to the Court's copies of Confidential Material. Ordered by Judge Rachel P. Kovner on 4/15/2020. (Hershey, Kenneth)

April 15, 2020

April 15, 2020

PACER

ORDER: Respondent has submitted 47 a letter seeking an extension of certain discovery deadlines. The letter does not state whether petitioners consent and, if not, the reasons given for refusing consent. See Individual Rule of Practice I.F.1. Respondent is requested to promptly advise the Court of his adversary's position on the proposed extension. The Court defers decision until that information is received. Ordered by Judge Rachel P. Kovner on 4/15/2020. (Kovner, Rachel)

April 15, 2020

April 15, 2020

PACER
48

Letter in response to the Court's April 15 order by Derek Edge (Marutollo, Joseph) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

RECAP

Order(Other)

April 16, 2020

April 16, 2020

PACER

ORDER: The Court adopts the briefing schedule for respondent's anticipated motion to dismiss as set forth in the letter at Docket No. 37 . Respondent shall file his motion to dismiss by April 24, 2020. Petitioners shall file their opposition by May 8, 2020. Respondent shall file his reply, if any, by May 15, 2020. Ordered by Judge Rachel P. Kovner on 4/16/2020 (Hershey, Kenneth)

April 16, 2020

April 16, 2020

PACER
49

Letter respectfully informing the Court of Petitioners' consent with respect to yesterday's requests by Derek Edge (Marutollo, Joseph) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

RECAP

ORDER: Respondent's 47 request for a three-business day extension of certain discovery deadlines is granted. Respondent may (1) provide any supplement to his response regarding soap purchases and deliveries and (2) provide further information regarding petitioners' request for production of sick-call requests by April 20, 2020. Ordered by Judge Rachel P. Kovner on 4/16/2020. (Hershey, Kenneth)

April 16, 2020

April 16, 2020

PACER
50

STATUS REPORT (Parameters for Inspection of the Metropolitan Detention Center, Brooklyn) by Derek Edge (Cho, James) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

RECAP

SCHEDULING ORDER: The parties may file letters describing their positions on the parameters of an inspection of the Metropolitan Detention Center (MDC) by 10 AM on 4/17/2020 if they wish. A phone conference is scheduled for 4/17/2020 at 1 PM. The parties are directed to call (888) 278-0296 and type in the access code 2012636 to join the conference. Ordered by Judge Rachel P. Kovner on 4/16/2020. (Kovner, Rachel)

April 16, 2020

April 16, 2020

PACER
51

Letter in support of respondent's proposed inspection parameters by Derek Edge (Cho, James) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP

Scheduling Order

April 17, 2020

April 17, 2020

PACER
52

Letter Regarding Rule 34 Inspection Parameters by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez (Rosenfeld, Katherine) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP

Minute entry and order for teleconference held before Judge Rachel P. Kovner and Judge Roanne L. Mann on 4/17/2020. Katherine Rosenfeld, Betsy Ginsberg, and Alexander Reinert appeared on behalf of petitioners. James Cho, Seth Eichenholtz, Joseph Marutollo, and Paulina Stamatelos appeared on behalf of respondent. Lisa Olson joined the call on behalf of the Department of Justice. Darrin Howard joined the call on behalf of the Bureau of Prisons. The parties discussed their positions on the parameters of an inspection of the Metropolitan Detention Center by petitioners' expert, Dr. Homer Venters. The inspection will take place on April 23, 2020, from 9 a.m. to 12 p.m. The inspection will include (i) one housing unit not under quarantine or isolation; (ii) the intake unit; (iii) one quarantine unit; (iv) K84 or another appropriate isolation unit as determined by the parties; (v) the Special Housing Unit; and (vi) the Health Services Offices and Exam Rooms. For petitioners, the inspection is limited to Dr. Venters, one attorney from petitioners' legal team, and Deirdre von Dornum of the Federal Defenders. The parties will resolve amongst themselves whether the inspection team will be permitted to use hand sanitizer during the inspection. The Court also took the parties' alternative proposals for Dr. Venters to speak with inmates during the inspection under advisement. Ordered by Judge Rachel P. Kovner on 4/17/2020. (Court Reporter Sophie Nolan.) (Yaffe, Leah)

April 17, 2020

April 17, 2020

PACER
53

ORDER: The Court considered the parties' proposals for petitioners' expert, Dr. Homer Venters, to speak with inmates during the inspection of the Metropolitan Detention Center on April 23, 2020. As further detailed in the attached order, Mr. Venters shall be permitted cell-front access to inmates for brief conversations, subject to the inmates' willingness to speak with Dr. Venters. Ordered by Judge Rachel P. Kovner on 4/17/2020. (Yaffe, Leah) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP
54

Letter MOTION to Quash the Deposition Subpoena of Dr. Venters by Hassan Chunn, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez. (Attachments: # 1 Exhibit A - Respondent's First Set of Interrogatories, # 2 Exhibit B - Respondent's Request for Documents, # 3 Exhibit C - Respondent's Notices of Depositions for Petitioners Rabadi and Rodriguez, # 4 Exhibit D - Respondent's Notice of Deposition of Dr. Venters) (Rosenfeld, Katherine) (Entered: 04/20/2020)

1 Exhibit A - Respondent's First Set of Interrogatories

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2 Exhibit B - Respondent's Request for Documents

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3 Exhibit C - Respondent's Notices of Depositions for Petitioners Rabadi and

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4 Exhibit D - Respondent's Notice of Deposition of Dr. Venters

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April 20, 2020

April 20, 2020

RECAP

ORDER: Respondent is directed to respond by 4/22/20 to 54 Letter MOTION to Quash the Deposition Subpoena of Dr. Venters filed by Ayman Rabadi, Hassan Chunn, Justin Rodriguez, Nehemiah McBride. Ordered by Judge Rachel P. Kovner on 4/20/2020. (Kovner, Rachel)

April 20, 2020

April 20, 2020

PACER
55

STATUS REPORT in connection with the Court's April 16, 2020 Order and Respondent's discovery responses by Derek Edge (Cho, James) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

RECAP

Order(Other)

April 21, 2020

April 21, 2020

PACER

Order

April 21, 2020

April 21, 2020

PACER
56

Consent MOTION for Leave to File Excess Pages ; Motion for Extension of Page Limit by Derek Edge. (Stamatelos, Paulina) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

ORDER: The parties' 56 consent motion for leave to file excess pages is granted. The parties shall adhere to the page limits set forth in their motion. Ordered by Judge Rachel P. Kovner on 4/22/2020. (Hershey, Kenneth)

April 22, 2020

April 22, 2020

PACER
57

RESPONSE in Opposition re 54 Letter MOTION to Quash the Deposition Subpoena of Dr. Venters and motion to compel deposition of Petitioners' expert, Dr. Homer Venters filed by Derek Edge. (Cho, James) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Order(Other)

April 23, 2020

April 23, 2020

PACER

ORDER REFERRING MOTION: Petitioners' 54 letter motion to quash the deposition subpoena of Dr. Venters is respectfully referred to Magistrate Judge Mann. Ordered by Judge Rachel P. Kovner on 4/23/2020. (Hershey, Kenneth)

April 23, 2020

April 23, 2020

PACER
58

MOTION for Extension of Time to File Respondent's Motion to Dismiss by Derek Edge. (Stamatelos, Paulina) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

RECAP
59

Minute Entry for Discovery Hearing held before Magistrate Judge Roanne L. Mann on 4/23/2020. The parties call with an emergency application concerning today's site inspection of the MDC. The Court resolves the dispute on the record, ruling that petitioners' expert, Dr. Venters, is to take the lead in the questioning of inmates, but that petitioners' counsel, while observing social distancing, may sparingly ask clarifying questions, and Ms. von Dornum may act as interpreter for Spanish-speaking inmates. See attached. (Proujansky, Josh) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
60

Amended PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-12714502, filed by Justin Rodriguez, Hassan Chunn, Ayman Rabadi, Nehemiah McBride, Elodia Lopez, James Hair. (Attachments: # 1 Exhibit 1 - Declaration of Deirdre D. von Dornum with Exhibits, # 2 Exhibit 2 - Declaration of Jonathan Giftos, M.D.) (Rosenfeld, Katherine) (Entered: 04/23/2020)

1 Exhibit 1 - Declaration of Deirdre D. von Dornum with Exhibits

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2 Exhibit 2 - Declaration of Jonathan Giftos, M.D.

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April 23, 2020

April 23, 2020

PACER

ELECTRONIC SCHEDULING ORDER re 54 Letter MOTION to Quash the Deposition Subpoena of Dr. Venters filed by petitioners. A Telephone Conference before Magistrate Judge Roanne L. Mann is set for Saturday, April 25, 2020, at 11:00 AM. The parties are instructed to contact the Court using the following conference line and dial-in information: toll free number 1-877-336-1839; access code 6672833. Ordered by Magistrate Judge Roanne L. Mann on 4/23/2020. (Proujansky, Josh)

April 23, 2020

April 23, 2020

PACER
61

RESPONSE to Motion re 58 MOTION for Extension of Time to File Respondent's Motion to Dismiss filed by Hassan Chunn, James Hair, Elodia Lopez, Nehemiah McBride, Ayman Rabadi, Justin Rodriguez. (Attachments: # 1 Red-lined Version of the Amended Petition) (Rosenfeld, Katherine) (Entered: 04/23/2020)

1 Red-lined Version of the Amended Petition

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April 23, 2020

April 23, 2020

PACER

ORDER: Respondent's 58 request to extend the deadline for his motion to dismiss until 4/28/20 is granted. It is not evident whether respondent will need that extra time given the modest changes in the amended petition, which was filed after respondent's extension request was submitted. If respondent avails himself of the extension, petitioners may have a corresponding two-day extension, to 5/12/20, for their response. Ordered by Judge Rachel P. Kovner on 4/23/2020. (Hershey, Kenneth)

April 23, 2020

April 23, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: March 27, 2020

Closing Date: Aug. 12, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four inmates at the Metropolitan Detention Center with underlying medical conditions.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Warden of the Metropolitan Detention Center (Brooklyn, NY, Kings), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Special Case Type(s):

Habeas

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Sanitation / living conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run