United States of America v. State of New York
| United States of America |
| State of New York |
| Clarence J. Sundram |
| 1:2013cv04165 |
| July 23, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nicholas G. Garaufis |
| Marilyn D. Go |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. ยง 1201 Civil Rights (Disability) |
| None |
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Filing
119
ORDER: The guardian ad litem shall, for the time being, limit her inquiry and report to Walter Roberts, Joseph Simon, Lawrence Wong, and Kenneth Przyjemski's participation in Residents and Families. The guardian ad litem need not provide notice to Jeffrey J. Sherrin or David T. Luntz, of any interviews of these individuals that she conducts. Moreover, because it is plausible that Sherrin or Luntz's presence could chill the individuals' willingness or ability to be forthcom ing and honest with the guardian ad litem, neither Sherrin nor Luntz (nor anyone from these attorneys' firms) shall be present at the guardian ad litem's interviews of these individuals. The court will take no action on the guardian ad lite m's report until the parties to the above-captioned cases have had an opportunity to comment on and/or object to the guardian ad litem's findings. Ordered by Judge Nicholas G. Garaufis on 6/30/2017. Associated Cases: 1:13-cv-04165-NGG-ST, 1:13-cv-04166-NGG-ST (Weigel, Jessica)
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Filing
118
ORDER: The court finds that, for the purposes of Mental Hygiene Law § 33.13(c)(1), the need for the guardian ad litem to access otherwise confidential information (including protected health information as defined in 45 C.F.R. § 160.103) in order to carry out her duties as set forth in the court's June 15, 2017, Order significantly outweighs the need for confidentiality. Pursuant to 45 C.F.R. § 164.512(e)(1)(i) and the inherent authority of the court, it is hereby ORDERED th at the guardian ad litem shall have access to the Class Member Plaintiffs' protected health information and other confidential information that is necessary for the guardian ad litem to conduct her duties. Ordered by Judge Nicholas G. Garaufis on 6/22/2017. Associated Cases: 1:13-cv-04165-NGG-ST, 1:13-cv-04166-NGG-ST (Weigel, Jessica)
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Filing
28
ORDER: The court finds the proposed settlement to be fair, reasonable, and adequate. The court also finds the attorney's fees to be reasonable. Therefore Plaintiffs' Motion for Final Approval of the Proposed Settlement Agreement and Attorney's Fees in case No. 13-CV-4166 is GRANTED. For purposes of case No. 13-CV-4165, the Proposed Settlement Agreement serves as a Consent Judgment and is also APPROVED. Ordered by Judge Nicholas G. Garaufis on 3/17/2014. (Holmes, Jennifer)
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