Case: Anderson v. Coughlin

COMPLAINT filed; TRANSFERRED FROM SD/NY. (cbm) (Entered: 06/27/1991)

MOTION by Ronald Anderson, Armando Dieppa, Diane Gibson to Certify Class . (cbm) (Entered: 06/27/1991)

ANSWER to Complaint by Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin (Attorney David B. Roberts), (cbm) (Entered: 06/27/1991)

MEMORANDUM and Proposed Order by Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin in opposition to [11-1] motion to Certify Class (cbm) (Entered: 06/27/1991)

Reply Affidavit (dd 2/26/87); w/ exhibits A-C in response to [11-1] motion to Certify Class (cbm) (Entered: 06/27/1991)

Report-Recommendation of Mag Conan dd 5/15/87; Copies sent to parties via certified mail (cbm) (Entered: 06/27/1991)

MEMORANDUM-DECISION & ORDER granting [11-1] motion to Certify Class ( signed by Chief Judge Neal P. McCurn ) (cbm) (Entered: 07/08/1991)

Stipulation/Protective Order on behalf of Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin, (signed by Magistrate Judge Gustave J. DiBianco ) (cbm) (Entered: 06/27/1991)

MINUTE ENTRY; 2/26/90 Pre-trial Conference; (Mag DiBianco presiding] Appearances: PLS by Stephen Latmier for pltfs, Robert Abrams by AAG David Roberts for defts; Preliminary injunction hearing. Pltf Witness Albury; Witness for defts: Dr Edward Chung. (cbm) (Entered: 06/27/1991)

MINUTE ENTRY; Pre-trial Conference continued from 2/27/90 presiding] Appearances: same. Witnesses for defts: Warren William Skoy, Dr Edward Chung. Mr Latimer for pltfs moves for TRO to prevent Anthony Perry from being placed in Special Housing Unit. R-R to be issued. Counsel advised of option to consent to proceed before the magistrate. Defts to file brief by 3/6/90 (cbm) (Entered: 06/27/1991)

REPORT AND RECOMMENDATIONS of Magistrate Judge Gustave J. DiBianco Re: ; Motion(s) no longer referred (cbm) (Entered: 06/27/1991)

ORDER,approving R-R & denying pltfs' motion for Preliminary Injunction , and for Temporary Restraining Order ( signed by Chief Judge Neal P. McCurn ) (cbm) (Entered: 06/27/1991)

ORDER, granting pltfs' motion to Compel discovery subject to the submission & signing of an appropriate protective order which pltfs shall submit to this court for review. ( signed by Magistrate Judge Gustave J. DiBianco ) (cbm) (Entered: 06/27/1991)

ORDER ( signed by Magistrate Judge Gustave J. DiBianco ) re: inspection and copying of discovery materials by counsel for pltfs, w/certain conditions, etc. (cbm) (Entered: 06/27/1991)

Stipulation & Protective Order ( signed by Magistrate Judge Gustave J. DiBianco ) re: discovery. (cbm) (Entered: 06/27/1991)

Supplemental RESPONSE by Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin to Discovery : pltfs' 2nd request for production of documents. (cbm) (Entered: 06/27/1991)

CASE NO LONGER REFERRED TO Magistrate Judge Gustave J. DiBianco (cbm) (Entered: 07/08/1991)

CASE REFERRED to Magistrate Judge Daniel Scanlon Jr. (cbm) (Entered: 07/08/1991)

Pltfs' memo of law on consolidation with Perri v. Coughlin, 90-CV-1160. (cbm) (Entered: 08/07/1991)

Defts' memo of law respecting consolidation of this action with 90-CV- 1160 and 84-CV-1035. (cbm) (Entered: 08/08/1991)

ORDER, to Consolidate Cases 90-CV-1160, 87-CV-141 and 84-CV- 1035 for trial; set Motion Filing deadline to 9/25/91 , set Discovery deadline to 1/15/92 , set Bench Trial for 1/15/92 ( signed by Magistrate Judge Daniel Scanlon Jr. ) [served] (cbm) (Entered: 09/18/1991)

Consolidated Member Case . Lead Case Number: 6cv84 1035 (cbm) (Entered: 10/18/1991)

MOTION by Ronald Anderson for Summary Judgment , Hearing set for 10/16/91 at 11:30 , Response Deadline 10/2/91 , Reply to Response Deadline 10/9/91 (cbm) (Entered: 09/25/1991)

MEMORANDUM by Ronald Anderson in support of [65-1] motion for Summary Judgment (cbm) (Entered: 09/25/1991)

Response to pltfs' motion for partial summary judgment and CROSS MOTION by Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin for partial Summary Judgment dismissing this action insofar as it purports to state a claim for alleged deprivation of due procees rights under the Tier III disciplinary process utilized by DOCS , Hearing set for 10/16/91 at 11:30 , Response Deadline 10/9/91 (cbm) (Entered: 10/08/1991)

MEMORANDUM by Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin in opposition to [65-1] motion for Summary Judgment and in support of defts' cross-motion for partial summary judgment. (cbm) (Entered: 10/08/1991)

AFFIDAVIT of Sarah Betsy Fuller of PLS Re: incidents at Auburn CF relevant to this litigation, dd 10/10/91. (cbm) (Entered: 10/17/1991)

MEMORANDUM by Ronald Anderson, Armando Dieppa, Diane Gibson in opposition to [67-1] cross motion for partial Summary Judgment dismissing this action insofar as it purports to state a claim for alleged deprivation of due procees rights under the Tier III disciplinary process utilized by DOCS (cbm) (Entered: 10/18/1991)

Pre-trial conference held (cbm) (Entered: 11/12/1991)

Letter from pltf Perri to Judge McCurn dd 10/10/91 w/copies of rcts for cert. mail, etc. (original filed in 84-CV-1035) (cbm) Modified on 10/25/1991 (Entered: 10/25/1991)

Letter from pltf Perri to Judge McCurn dd 10/14/91 w/copies of rcts for cert. mail, etc. (original filed in 84-CV-1035) (cbm) Modified on 10/25/1991 (Entered: 10/25/1991)

RESPONSE in opposition by Joel A. Dvoskin to pltfs' [65-1] motion for Summary Judgment and in support of defts' cross-motion for summary judgment. (cbm) (Entered: 11/05/1991)

MEMORANDUM by Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. in reply to pltfs' [70-1] opposition memorandum, submitted in accordance w/court's directive of 10/16/91. (cbm) (Entered: 11/05/1991)

3rd REQUEST for Production of Documents by Ronald Anderson, Armando Dieppa, Diane Gibson (cbm) (Entered: 11/05/1991)

TRANSCRIPT filed for 10/10/89 EBT of Joel A. Dvoskin. (cbm) (Entered: 11/05/1991)

TRANSCRIPT filed for 12/5/89 EBT of Donald Selsky. (cbm) (Entered: 11/05/1991)

TRANSCRIPT filed for 11/2/89 EBT of S. Thomas Dodson. (cbm) (Entered: 11/05/1991)

TRANSCRIPT filed for 12/19/89 EBT of non-party witness Warren W. Skov, held at Green Haven CF. (cbm) (Entered: 11/05/1991)

Second Set of INTERROGATORIES propounded by Ronald Anderson to Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin, Armando Dieppa, Diane Gibson (fce) (Entered: 11/05/1991)

ORDER, set Witness List deadline to 11/15/91 , for pltfs to provide witness list to defts; that time for motions has expired; set Discovery deadline to 1/15/92 , set Bench Trial for 2/16/92 ; w/directions to clerk, etc. ( signed by Magistrate Judge Daniel Scanlon Jr. ) (cbm) (Entered: 11/12/1991)

AFFIDAVIT of Sarah Betsy Fuller Re: [74-1] motion response (cbm) (Entered: 11/18/1991)

Pltfs' rebuttal MEMORANDUM to [75-1] defts' sur-reply brief. (cbm) (Entered: 11/18/1991)

ORDER, reset Discovery deadline to 4/1/92 , reset Bench Trial for 5/1/92 ( signed by Magistrate Judge Daniel Scanlon Jr. ) (cbm) (Entered: 12/05/1991)

Letter from AAG Roberts to Judge Scanlon dd 11/29/91 re: extension of discovery deadline, on consent, to 4/1/92, etc. (cbm) (Entered: 12/05/1991)

Copy of letter from pltf to Judge McCurn dd 2/16/92 re: deposition/ (fce) (Entered: 03/04/1992)

4th REQUEST for Production of Documents by Ronald Anderson, Armando Dieppa, Diane Gibson (cbm) (Entered: 02/28/1992)

SIXTH REQUEST for Production of Documents by Ronald Anderson, Armando Dieppa, Diane Gibson (fce) (Entered: 04/13/1992)

Letter to Judge McCurn from Pltf. mailed 4/17/92 re: conditions in prison. (fce) (Entered: 04/22/1992)

Pltf's letter to Judge McCurn and Magistrate Judge Scanlon dd 7/1/92 re: trial date. (cbm) (Entered: 07/14/1992)

Letter from pltf Perri to clerk's office dd 7/28/92 w/copy of letter from pltf Perri to Judge McCurn & Magistrate Judge Scanlon dd 8/1/92 attached. (cbm) (Entered: 08/03/1992)

Copy of letter from AAG Roberts to Judge Scanlon dd 11/17/92 in regard to Mr. Latimer's 11/2/92 correspondence. (cbm) (Entered: 11/23/1992)

Motion(s) referred: [67-1] cross motion for partial Summary Judgment , [65-1] motion for Summary Judgment referred to Magistrate Judge Daniel Scanlon Jr. (cbm) (Entered: 12/09/1994)

Sixth REQUEST for Production of Documents by Diane Gibson, Armando Dieppa, Ronald Anderson (fce) (Entered: 12/13/1996)

Motion(s) no longer referred: [65-1] motion for Summary Judgment, [67- 1] cross motion for partial Summary Judgment dismissing this action insofar as it purports to state a claim for alleged deprivation of due procees rights under the Tier III disciplinary process utilized by DOCS (cbm) (Entered: 03/02/1998)

CASE NO LONGER REFERRED TO Magistrate Judge Daniel Scanlon Jr.; Order on consent was filed 6/10/94 (consolidation of cases was 9/13/91) (cbm) (Entered: 03/02/1998)

CASE reassigned to Magistrate Judge Daniel Scanlon Jr. (Order on consent filed in lead case on 6/10/94) (cbm) (Entered: 03/02/1998)

REPORT AND RECOMMENDATIONS of Magistrate Judge Daniel Scanlon Jr. Service Date: 7/1/98 Re: [67-1] cross motion for partial Summary Judgment dismissing this action insofar as it purports to state a claim for alleged deprivation of due procees rights under the Tier III disciplinary process utilized by DOCS, [65-1] motion for Summary Judgment RECOMMENDED, Pltfs' motion for partial summary judgment [#65] be DENIED & Defts' cross motion for partial summary judgment [#67] be DENIED. (Objection to R and R due by 7/21/98 for Thomas A. Coughlin, for Ronald Anderson, for Charles Scully, for Robert J. Henderson, for Steven E. Katz, for Joel A. Dvoskin, for Armando Dieppa, for Diane Gibson); Motion(s) no longer referred (lmp) (Entered: 07/06/1998)

ORDER, to Amend [64-1] order to Consolidate Cases , w/84-CV-1035 as lead case, rescinding same; cases are no longer consolidated; trial in this case to be scheduled at a later date. (signed by Senior Judge Neal P. McCurn on 7/14/98) (lmp) (Entered: 07/15/1998)

ORDER, to Amend 6/23/98 Report-Recommendation [95-1] to set forth correct title as Anderdson, et v. Coughlin, et al., 87CV141 ; further amending same to give parties 45 days to lodge written objections to same. (signed by Senior Judge Neal P. McCurn on 7/14/98) (lmp) Modified on 07/16/1998 (Entered: 07/15/1998)

CASE reassigned to Senior Judge Neal P. McCurn (lmp) (Entered: 07/15/1998)

Deadline updated; Objections reset to 8/14/98 for [95-1] report and recommendations (lmp) (Entered: 07/16/1998)

ORDER adopting 6/23/98 Report-Recommendation; denying [67-1] cross motion for partial Summary Judgment dismissing this action insofar as it purports to state a claim for alleged deprivation of due procees rights under the Tier III disciplinary process utilized by DOCS, denying [65-1] motion for Summary Judgment (signed by Senior Judge Neal P. McCurn on 1/5/99) (lmp) (Entered: 01/06/1999)

LETTER ORDER requesting AAG Roberts to contact Pltfs. attys. & arrange for status conf.; please check w/secretary Judy West, concerning date & time for same. (signed by Senior Judge Neal P. McCurn on 7/28/99) (lmp) (Entered: 07/28/1999)

Minute entry: Tel. Conf. re issues remaining, further discovery necessary & proposed schedule - after discussion court directs Pltf's atty. to send letter within 20 days as to what trial issues are, what discovery is needed & how much time needed to accomplish same; set Status Report deadline to 9/2/99 ; Defts. to respond to same within 20 days of receipt & court will then issue ruling or set further tel. conf. at which trial date will be set. APP: Thomas Terrizzi, Sarah Betsy Fuller & Sarah Kess for Pltfs.; David Roberts, Thomas Goetz & Steve Stark-Riemer for Defts.; Court Reporter/ECRO: None (lmp) (Entered: 08/18/1999)

STATUS REPORT by Thomas Terrizzi, Esq., for Pltfs. Diane Gibson, Armando Dieppa, Ronald Anderson, identifying issues & description of what Pltfs. need to prepare for trial & timetable therefor. (lmp) (Entered: 09/08/1999)

STATUS REPORT/Letter from AAG Roberts dtd 9/20/99 for Defts. Joel A. Dvoskin, Steven E. Katz, Robert J. Henderson, Charles Scully, Thomas A. Coughlin in response to Pltfs' atty's 9/2/99 letter. (lmp) (Entered: 09/21/1999)

LETTER ORDER, set Pretrial Conference for 2:00 pm on 9/30/99 in Syracuse, NY. (signed by Senior Judge Neal P. McCurn on 9/23/99) [sent via FAX] (lmp) (Entered: 09/24/1999)

Pre-trial conference held (lmp) (Entered: 09/30/1999)

Minute entry: Tel. Conf. re discovery schedule - court reviewed discovery requests as set forth in 9/2 & 9/22 letters & set limits & parameters on forthcoming discovery to be set forth in pretrial discovery order to be issued by court. APP: Thomas Terrizzi & Sarah Betsy Fuller for Pltfs.; David Roberts, Thomas Goetz, Sr. & Steve Stark-Riemer for Defts.; Court Reporter/ECRO: None (lmp) (Entered: 10/04/1999)

Scheduling Order Issued. 1) Pltfs. shall file 1st Discovery Request designed to identify current class members by 10/15/99 & Defts. shall comply by 11/15/99; 2) upon receipt of Defts' response, Pltfs. may make 2nd Document Request for DOCS & OMH records for selected class members, etc., by 2/1/00 & Defts. shall comply by 2/1/00; 3) upon receipt of Defts. compliance, Pltf. shall have until 4/15/00 to review same & prepare them for review by expert; 4) Pltfs' expert shall have until 6/1/00 records & prepare to interview selected inmages; 5) interviews shall be accomplished by 7/1/00; 6) Pltf's expert report shall be filed & served by 9/1/00; 7) If Defts. intent to utilize an expert, Defts. shall identify same & file report by 12/1/00; 8) upon receipt of Pltfs' expert report, Pltfs. will have until 12/1/00 to conduct depositions of named Defts. or successors, etc.; 9) depositions of Pltfs' & Defts' experts to be completed by 2/1/01; Discovery Deadline 3/1/01 & there will be no extensions beyond that date; Motion Filing Deadline 4/15/01; court will issue pretrial order requiring submission before trial & trial date will be selected in 6/2001. (Signed by Senior Judge Neal P. McCurn on 10/1/99) (lmp) (Entered: 10/04/1999)

First Discovery REQUEST by Diane Gibson, Armando Dieppa, Ronald Anderson (lmp) (Entered: 10/15/1999)

PLAINTIFFS' SECOND DISCOVERY REQUEST for Production of Documents by Betsy Sterling, Esq. on behalf of Diane Gibson, Armando Dieppa, Ronald Anderson (ljr) (Entered: 01/25/2000)

NOTICE of attorney appearance for Diane Gibson, Armando Dieppa, Ronald Anderson by Sarah Kerr (fce) (Entered: 08/14/2000)

NOTICE of Transfer of Inmate Litigation to Syracuse Divisional Office effective 9/5/00. (fce) (Entered: 08/29/2000)

NOTICE of attorney appearance as co-counsel for Diane Gibson, Armando Dieppa, Ronald Anderson by Betsy C. Sterling. (fce) Modified on 09/07/2000 (Entered: 09/07/2000)

State Court records returned to Office of the Attorney General. (kmg) (Entered: 12/20/2000)

JOINT STATUS REPORT and Request for status conference to address the scheduling order by Ronald Anderson, Thomas A. Coughlin, w/copy of scheduling order filed 10/4/99. (tjm) (Entered: 03/06/2001)

Minute entry: Telephone Status conference before Judge McCurn. Appearances: Betsy Sterling, Esq., Prisoner Legal Services, for Pltf.; David Robers, AAG, for Defts. Court grants counsels' joint request to extend cut-off dates previously ordered on 10/1/99. Pltf's atty to submit agreed upon order. Conference length: 30 min. Court Reporter/ECRO: None (tjm) (Entered: 03/12/2001)

Tele-conference held (tjm) (Entered: 03/19/2001)

Minute entry: Telephone Conference with Judge McCurn - Appearances: Betsy Sterling, Esq. and Tom Terrizzi, Esq., for Plaintiff; David Roberts, AAG for Defts. Mr. Roberts requests extension of time on behalf of defendants in order to make random selection of inmates and for production of documents, as per para. 2 of Order dtd 10/1/99. Court grants 60 day extension. Plaintiffs are to include same in their proposed order to be submitted to the Court. Court Reporter/ECRO: None (tjm) (Entered: 03/19/2001)

Letter by Betsy Sterling of Prisoners' Legal Services to Judge McCurn dtd 4/11/01 reflecting a revised scheduling order issued by the Court at a telephone conference on 3/8/01, that discovery deadline is 8/1/02 and motion deadline is 10/1/02. (tjm) (Entered: 04/16/2001)

MOTION by Diane Gibson, Armando Dieppa, Ronald Anderson for Sanctions , for failure to comply with the Court's scheduling orders and prohibiting defts from introducing designated matters into evidence, and ordering defts. to pay attorney's fees and costs; w/affirmation by Betsy Sterling, Esq. and exhibits A thru C; Motion returnable before Judge/Mag. Judge: McCurn (tjm) Modified on 06/20/2001 (Entered: 06/20/2001)

CERTIFICATE OF SERVICE by Diane Gibson, Armando Dieppa, Ronald Anderson of motion for sanctions and supporting affirmation, served upon AAG David Roberts by mail on 6/15/01. (tjm) Modified on 06/20/2001 (Entered: 06/20/2001)

ORDER Letter to all counsel dtd 6/19/01 directing plaintiffs to file a memorandum of law in support of their [116-1] Motion for sanctions within 10 days from date of letter. Defts' opposition papers to be filed 14 days after receipt of pltfs' memorandum of law. Court will then determine if oral argument will be held and advise of time and place. ( signed by Senior Judge Neal P. McCurn ) Date Entered: 6/19/01 (tjm) Modified on 06/20/2001 (Entered: 06/20/2001)

NOTICE from Judge McCurn to all counsel granting extension of time to meet deadlines. Plaintiff's memorandum of law in support of its motion is due 7/23/01. Defendants' opposition papers will be due 14 days after receipt of plaintiff's said memorandum of law (8/6/01). (nas) (Entered: 06/28/2001)

Deadline updated to 7/23/01 for plaintiff's memorandum of law in support of motion for sanctions and defendants' opposition papers are due 14 days after receipt of said memorandum of law (by 8/6/01) per docket no. 119. (nas) (Entered: 06/28/2001)

REQUEST by AAG David Roberts dtd 7/10/01 on behalf of both parties to adjourn date for plaintiffs' brief in support of its pending motion for sanctions until 8/8/01 to work out out a resolution of the underlying discovery problem, and ORDER granting same. (signed by Senior Judge Neal P. McCurn (tjm) (Entered: 07/12/2001)

ORDER/STIPULATION to Withdraw [115-1] motion for Sanctions ( signed by Senior Judge Neal P. McCurn ) Date Entered: 8/7/01 (nas) (Entered: 08/09/2001)

NOTICE from Attorney Sarah Betsy Fuller informing the Court that she is no longer w/Syracuse University, she is now w/the Prisoner's Legal Services of NY. (nas) (Entered: 08/15/2001)

LETTER ORDER directing attys. to advise as to trial status. (signed by Senior Judge Neal P. McCurn on 10/18/01) (lmp) (Entered: 10/19/2001)

STATUS REPORT by Betsy Sterling, Esq. on behalf of plaintiffs Diane Gibson, Armando Dieppa, Ronald Anderson, advising that discovery is ongoing. (tjm) (Entered: 12/06/2001)

Letter by David Roberts to Judge McCurn on behalf of the parties in this case dtd 4/19/02, requesting a status conference to set a new schedule for the case. (tjm) (Entered: 05/06/2002)

Scheduling Notice by Judge McCurn:, set Status Conference for 11:00 6/12/02 in Syracuse. (tjm) (Entered: 05/06/2002)

NOTICE from David B. Roberts, AAG, on behalf of Steven E. Katz, Robert J. Henderson, Charles Scully, Thomas A. Coughlin (dd 6/3/02) calling to the Court's attention that plaintiff's counsel has initiated another action in the S.D. of NY, enclosing a copy of the complaint, stating that this action and the one filed in S.D.N.Y. raises substantially the same issues. (nas) (Entered: 06/05/2002)

Pre-trial conference held (tjm) (Entered: 06/14/2002)

Minute entry: Pretrial conference before Judge McCurn in Syracuse. Appearances: S. Betsy Fuller and Sarah Kerr, Esqs., for Plaintiffs; AAG David Roberts, Esq., and Steve Stark-Riemer, Esq., Associate Attorney for Office of Mental Health, for Defendants. Court meets w/counsel re: their 4/19/02 joint letter request for a conference to discuss amendment of the pretrial schedule and lawsuit filed in the Southern District. On consent of counsel, court will bifurcate the trial. If due process claim is not settled on or before August 9, 2002 then, set Bench Trial for 11:00 11/4/02 , one week trial with a final pretrial conference on August 16, 2002 at 2:00 p.m. if needed. set Discovery deadline to 1/1/03 for the 8th amendment claim. Counsel to submit a joint letter to the court confirming the above. Court Reporter/ECRO: None (tjm) (Entered: 06/14/2002)

Letter submitted by David Roberts, AAG, on behalf of the defendants (dd 7/15/02) with an attached confirmation of the scheduling conference that was held on 6/12/02, also informing the Court that the submission is from defendants counsel only, that plaintiff's counsel declined to make a joint submission. (nas) (Entered: 07/17/2002)

Letter from the Attorney General's Office to the Court advising that the parties have been unsuccessful in reaching agreement as to the details of how the settlement will be implanted. (dd 8/9/02) (nas) (Entered: 08/23/2002)

Letter from Sarah Kerr advising the Court of the follow-up to the 8/9/02 letter, attaching a proposed Stipulation (dd 8/26/02) (nas) (Entered: 08/29/2002)

NOTICE from the Attorney General's Office informing the court of the issues that remain outstanding between the parties prior to the Court settlement conference scheduled for 9/3/02. (dd 8/28/02) (nas) (Entered: 08/30/2002)