Federal Defenders of New York, Inc. v. Federal Bureau of Prisons et al
| Federal Defenders of New York, Inc. |
| Federal Bureau of Prisons and Warden Herman Quay |
| State Of New York |
| 1:2019cv00660 |
| February 4, 2019 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Margo K Brodie |
| Steven M Gold |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on April 4, 2019. A more recent docket listing may be available from PACER.
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| Filing 32 Letter re: Defendants' April 3, 2019 Letter by Federal Defenders of New York, Inc. (Dabbs, Jenna) |
| Filing 31 Letter in response to plaintiff's letter of April 1, 2019 by Federal Bureau of Prisons, Herman Quay (Eichenholtz, Seth) |
| Filing 30 Letter re: Amended Complaint by Federal Defenders of New York, Inc. (Dabbs, Jenna) |
| Filing 29 MOTION for Extension of Time to Amend #1 Complaint by Federal Defenders of New York, Inc.. (Dabbs, Jenna) |
ORDER granting #29 Motion for Extension of Time to Amend. The Court grants plaintiff's request for an extension of time to file an amended complaint. Plaintiff shall file its amended complaint on or before March 29, 2019. Ordered by Judge Margo K. Brodie on 3/6/2019. (Morel, Christopher)
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| Minute Entry for proceedings held before Judge Margo K. Brodie: Oral argument held before Judge Margo K. Brodie on March 1, 2019. Jenna Dabbs and Joshua Matz appeared on behalf of plaintiff; Seth Eichenholtz, Sean Greene, and Clayton Solomon appeared on behalf of defendants. The Court heard arguments as to plaintiff's standing to proceed with this action. For the reasons stated on the record, the Court finds that although plaintiff has constitutional standing, plaintiff does not have a cause of action under the Sixth Amendment or the Administrative Procedure Act. The Court denied plaintiff's application for injunctive relief. Plaintiff shall file its amended complaint on or before March 8, 2019. (Court Reporter Michele Lucchese) (Morel, Christopher) |
| Filing 28 MOTION to Appear by Telephone for David Patton by Federal Defenders of New York, Inc.. (Dabbs, Jenna) |
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ORDER granting #28 Motion to Appear by Telephone. Mr. Patton is directed to call into chambers at (718) 613-2140. Ordered by Judge Margo K. Brodie on 2/28/2019. (Brucella, Michelle)
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| Filing 27 Notice of Related Case (Davis, Kimberly) |
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ORDER granting in part and denying in part #25 Motion for Hearing. The Court grants on consent #25 plaintiff's application to adjourn the preliminary injunction hearing currently scheduled for February 27, 2019. The parties shall appear before the Court on Friday, March 1, 2019 at 10:30 AM, in Courtroom 6F North, for oral argument on the issue of whether plaintiff has standing to bring this action. On consent of the parties, the TRO shall remain in effect through March 1, 2019. So ordered. Ordered by Judge Margo K. Brodie on 2/22/2019. (Morel, Christopher)
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ORDER re #17 Letter from Ben Weiser to Judge Brodie, requesting permission to use laptop at the hearing: The application is denied. Ordered by Judge Margo K. Brodie on 2/22/2019. (Brucella, Michelle)
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| Filing 26 RESPONSE to Motion re #25 MOTION for Hearing to be Adjourned and for Preliminary Injunction consenting to Plaintiff's request to adjourn the hearing and in opposition to Plaintiff's request to immediately enter a Preliminary Injunction filed by Federal Bureau of Prisons, Herman Quay. (Eichenholtz, Seth) |
| Filing 25 MOTION for Hearing to be Adjourned and for Preliminary Injunction by Federal Defenders of New York, Inc.. (Dabbs, Jenna) |
| Filing 24 REPLY in Support of Plaintiff's Application for a Preliminary Injunction filed by Federal Defenders of New York, Inc.. (Dabbs, Jenna) |
| Filing 23 Letter enclosing a courtesy copy of defendants' opposition to plaintiff's motion for a preliminary injunction by Federal Bureau of Prisons, Herman Quay (Eichenholtz, Seth) |
| Filing 22 MEMORANDUM in Opposition to Plaintiff's Motion for a Preliminary Injunction filed by Federal Bureau of Prisons, Herman Quay. (Attachments: #1 Declaration of John Maffeo, #2 Declaration of Warden Herman Quay, #3 Declaration of Seth D. Eichenholtz, with Exhibits) (Eichenholtz, Seth) |
| Filing 21 MOTION for Leave to File Document by State Of New York. (Attachments: #1 Memorandum in Support Motion to Appear as Amicus Curiae, #2 Exhibit Brief for Amicus Curiae State of New York, #3 Certificate of Service Certificate of Service) (Underwood, Barbara) |
| Filing 20 NOTICE of Appearance by Barbara Underwood on behalf of State Of New York (aty to be noticed) (Underwood, Barbara) |
| Filing 19 NOTICE of Appearance by Clayton P. Solomon on behalf of All Defendants (aty to be noticed) (Solomon, Clayton) |
| Filing 18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 8, 2019, before Judge Brodie. Court Reporter/Transcriber H. Driscoll, Telephone number 718-613-2274. Email address: hdrisc@aol.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 3/6/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/14/2019. (Driscoll, Holly) |
| Filing 17 Letter dated February 7, 2019 from Ben Weiser to Judge Brodie, requesting permission to use laptop at the hearing scheduled to begin on February 13, 2019. (Piper, Francine) |
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ORDER: Granting #16 Motion for Leave to Appear Pro Hac Vice. Attorney Joshua Adam Matz shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Steven M. Gold on 2/13/2019. (Gillespie, Saudia)
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| Filing 16 MOTION to Appear Pro Hac Vice of Joshua Matz Filing fee $ 150, receipt number ANYEDC-11181785. by Federal Defenders of New York, Inc.. (Attachments: #1 Certificate of Good Standing (NY), #2 Certificate of Good Standing (DC), #3 Affidavit of Joshua Matz in Support of Motion to Appear Pro Hac Vice) (Matz, Joshua) |
| Minute Entry for proceedings held before Judge Margo K. Brodie: Telephone conference before Judge Margo K. Brodie held on February 8, 2019. Jenna Dabbs and Sean Hecker appeared on behalf of plaintiff; Seth D. Eichenholtz and Sean Greene appeared on behalf of defendants. For the reasons stated on the record, the Court orders the parties to confer on plaintiff's discovery request no. 5 and orders defendants to produce documents sufficient to evidence current policies, procedures, or operational requirements concerning legal visits at the MDC. Defendants shall file a response to plaintiff's application for injunctive relief and address plaintiff's standing on or before February 15, 2019; plaintiff shall file a reply, if any, on or before February 19, 2019. The Preliminary Injunction hearing is adjourned to February 27, 2019 at 10:30 AM. (Court Reporter Holly Driscoll.) (Morel, Christopher) |
| Filing 15 NOTICE of Appearance by Sean P. Greene on behalf of Federal Bureau of Prisons, Herman Quay (aty to be noticed) (Greene, Sean) |
| Filing 14 RESPONSE in Opposition re #13 Letter MOTION for Discovery , to Advise Court of Hearing Witnesses, and to Request Identification of Hearing Procedures filed by Federal Bureau of Prisons, Herman Quay. (Attachments: #1 Exhibit A) (Eichenholtz, Seth) |
| Filing 13 Letter MOTION for Discovery , to Advise Court of Hearing Witnesses, and to Request Identification of Hearing Procedures by Federal Defenders of New York, Inc.. (Attachments: #1 Exhibit A) (Craig, Matthew) |
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ORDER re #13 . The Court directs defendants to file any opposition to plaintiff's discovery requests by 5:00 PM today. Ordered by Judge Margo K. Brodie on 2/7/2019. (Morel, Christopher)
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SCHEDULING ORDER: Telephone Conference set for February 8, 2019 at 2:30 PM before Judge Margo K. Brodie. Plaintiff's counsel is directed to call Chambers at (718) 613-2140 once all the parties are on the line. The telephone conference will be to discuss plaintiff's #13 letter requesting expedited discovery, specific procedures during the hearing, and a briefing schedule for the opposition and reply briefs to plaintiff's application for a preliminary injunction. Ordered by Judge Margo K. Brodie on 2/7/2019. (Brucella, Michelle)
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| Filing 12 Consent MOTION for Reconsideration re #9 Memorandum & Opinion,,,,,,,, to modify the Order to reflect the standard weekend visitation hours of 8 AM until 2 PM by Federal Bureau of Prisons, Herman Quay. (Eichenholtz, Seth) |
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ORDER granting #12 Motion for Reconsideration. The Court grants defendants' application to modify the #9 Memorandum and Order to Show Cause (the "Order") dated February 4, 2019, on consent of the parties. The Court modifies the Order to provide that defendants facilitate legal visitation on the weekend from 8:00 AM to 2:00 PM. All other provisions of the Order remain in effect. Ordered by Judge Margo K. Brodie on 2/6/2019. (Morel, Christopher)
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| Filing 11 NOTICE of Appearance by Seth D. Eichenholtz on behalf of Federal Bureau of Prisons, Herman Quay (aty to be noticed) (Eichenholtz, Seth) |
| Filing 10 CERTIFICATE OF SERVICE by Federal Defenders of New York, Inc. (Wikstrom, Derek) |
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Filing 9
MEMORANDUM AND ORDER: For the reasons stated in the attached Memorandum, Plaintiff's request for a temporary restraining order is GRANTED in part and DENIED in part. It is ORDERED that Defendants show cause before this Court, in Courtroom 6F, United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201, on February 13, 2019, at 10:30 a.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Fed. R. Civ. P. 65 enjoining Defendants during the pendency of this action from (1) failing to permit daily legal visiting for all inmates at the MDC; and (2) failing to permit social visiting for all inmates in accordance with the MDCs normal schedule and procedures for such visits; and pursuant to Fed. R. Civ. P. 53 appointing a special master to inspect MDC and undertake the factfinding necessary to determine whether Defendants are protecting the constitutional rights of inmates in their custody and complying with the injunction; and it is further ORDERED that sufficient reason having been shown, therefore, pending the hearing of Plaintiffs application for a preliminary injunction, pursuant to Fed. R. Civ. P. 65, Defendants are temporarily required to reinstitute legal visiting at the MDC on the standard schedule: 8:00 a.m. to 8:00 p.m., seven days per week; provided, however, that should Defendants determine that security concerns necessitate the suspension of legal visiting for any period of two hours or longer, Defendants shall within two hours of such determination notify the Court and the Plaintiff of that determination and the reasons therefor, and within 24 hours of such determination Defendants shall file with the Court an application consisting of a sworn affidavit from Warden Quay that sets forth with specificity the reasons justifying the suspension; and it is further ORDERED that personal service of a copy of this order and the papers upon which it is granted upon the Defendants or their counsel on or before February 5, 2019, at 12:00 p.m., shall be deemed good and sufficient service thereof. Ordered by Judge LaShann DeArcy Hall on 2/4/2019. (Valentin, Winnethka)
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| Filing 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. (Davis, Kimberly) |
| Filing 7 DECLARATION of Dierdre D. Von Dornum by Federal Defenders of New York, Inc. (Attachments: #1 Exhibit) (Davis, Kimberly) |
| Filing 6 DECLARATION of Dean Hecker re #3 Unsigned Order to Show Cause by Federal Defenders of New York, Inc. (Attachments: #1 Exhibit A) (Davis, Kimberly) |
| Filing 5 MEMORANDUM in Support re #3 Unsigned Order to Show Cause filed by Federal Defenders of New York, Inc.. (Davis, Kimberly) |
| Filing 4 DISCLOSURE of Interested Parties by Federal Defenders of New York, Inc.. (Davis, Kimberly) |
| Filing 3 Unsigned Order to Show Cause by Federal Defenders of New York, Inc. (Davis, Kimberly) |
| Filing 2 Summons Issued as to Federal Bureau of Prisons, Herman Quay, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) |
| Filing 1 COMPLAINT against Federal Bureau of Prisons, Herman Quay, filed by Federal Defenders of New York, Inc.. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) |
| Filing 1 COMPLAINT against Federal Bureau of Prisons, Herman Quay, filed by Federal Defenders of New York, Inc.. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
| FILING FEE: $ 400, receipt number 4653136763 (Davis, Kimberly) |
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