Collier et al v. John Doe II
| Marquis Collier, John Doe II, John Doe III and John Doe I |
| William Zerillo, The Geo Group, Inc., Ralph Sozio and Bryan T. Mullee |
| 1:2020cv02183 |
| May 13, 2020 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Habeas Corpus (General) |
| 28 U.S.C. § 1331 Fed. Question: Violation 5th & 8th Amendme |
| None |
Docket Report
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| Filing 58 STIPULATION of Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) by John Doe II (Ostrager, Ann-Elizabeth) |
Civil Case Terminated as per parties' Rule 41(a) stipulation. Ordered by Judge Brian M. Cogan on 6/22/2020. (Cogan, Brian)
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ORDER granting #57 . Respondents the U.S. Marshals' opposition to the motion for class certification is due 6/26/2020. Ordered by Judge Brian M. Cogan on 6/21/2020. (Weisberg, Peggy)
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| Filing 57 Letter MOTION for Extension of Time to File Response/Reply as to #52 Notice of MOTION to Certify Class Motion to Proceed with the Habeas Petition on a Classwide Basis . With the consent of the other parties, the Marshals respectfully seek a one day extension, from June 25 to June 26, to file their opposition to Petitioner's class motion. Respectfully submitted by Bryan T. Mullee, Ralph Sozio. (Amanat, Farzin) |
| Filing 56 Letter Joint Letter Responding to the Court's June 11 Order Regarding the Parties' Proposals for the June 18 Hearing (with exhibits filed under seal) by John Doe II (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ostrager, Ann-Elizabeth) |
| Filing 55 Letter Joint Letter Responding to the Court's June 11 Order Regarding the Parties' Proposals for the June 18 Hearing by John Doe II (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ostrager, Ann-Elizabeth) |
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ORDER re: #56 . The hearing scheduled for 6/18/2020 is adjourned to 7/2/2020 at 11:15 am so that respondents can depose petitioner's late-disclosed affiants and petitioner can depose respondents expert witness. Furthermore, because there will be no live testimony and all exhibits and declarations will be submitted prior to the hearing, respondents must disclose any would-be rebuttal witnesses to petitioner and submit them for deposition. The parties shall file all pre-hearing submissions, as described in their letter, by no later than 12:00 PM on 7/1/2020. As for respondents requests: First, in light of the adjournment, the opposition to the motion for class certification is due 6/25/2020, two weeks from when the motion was filed. Second, the Court declines to preclude petitioner from submitting declarations related to class certification or his own Eighth Amendment claim, reserving decision as to admissibility. Ordered by Judge Brian M. Cogan on 6/15/2020. (Weisberg, Peggy)
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| Filing 54 MEMORANDUM in Support re #52 Notice of MOTION to Certify Class Motion to Proceed with the Habeas Petition on a Classwide Basis filed by John Doe II. (Attachments: #1 Declaration of Ann-Elizabeth Ostrager, #2 Declaration of Alana M. Longmoore, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10 (Part I), #13 Exhibit 10 (Part II), #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23) (Ostrager, Ann-Elizabeth) |
| Filing 53 MEMORANDUM in Support re #52 Notice of MOTION to Certify Class Motion to Proceed with the Habeas Petition on a Classwide Basis filed by John Doe II. (Attachments: #1 Declaration of Ann-Elizabeth Ostrager, #2 Declaration of Alana M. Longmoore, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10 (Part I), #13 Exhibit 10 (Part II), #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23) (Ostrager, Ann-Elizabeth) |
| Filing 52 Notice of MOTION to Certify Class Motion to Proceed with the Habeas Petition on a Classwide Basis by John Doe II. (Ostrager, Ann-Elizabeth) |
| Filing 51 Letter MOTION to Amend/Correct/Supplement Further Amend Case Caption by John Doe I, John Doe II. (Ostrager, Ann-Elizabeth) |
| Filing 50 NOTICE of Voluntary Dismissal by John Doe I pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) (Ostrager, Ann-Elizabeth) |
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ORDER granting #51 . The Clerk of the Court is directed to amend the case caption as indicated in petitioners' letter dated 6/11/2020. Ordered by Judge Brian M. Cogan on 6/11/2020. (Weisberg, Peggy)
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ORDER. By 6/14/2020, the parties shall advise the Court as to how they propose the hearing should proceed, including whether there is a need for testimony as to material disputed facts concerning the remaining petitioner's claim. Ordered by Judge Brian M. Cogan on 6/11/2020. (Weisberg, Peggy)
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| Filing 49 RESPONSE in Opposition re #31 Cross MOTION to Dismiss for Lack of Jurisdiction Cross MOTION to Dismiss for Failure to State a Claim filed by John Doe I, John Doe II. (Ostrager, Ann-Elizabeth) |
| Filing 48 RESPONSE in Opposition re #31 Cross MOTION to Dismiss for Lack of Jurisdiction Cross MOTION to Dismiss for Failure to State a Claim filed by John Doe I, John Doe II. (Ostrager, Ann-Elizabeth) |
| Filing 47 NOTICE of Appearance by Matthew Belgiovine on behalf of John Doe I, John Doe II (aty to be noticed) (Belgiovine, Matthew) |
| Filing 46 NOTICE of Appearance by Kerry Anne Tirrell on behalf of John Doe I, John Doe II (aty to be noticed) (Tirrell, Kerry) |
| Filing 45 REPLY in Support #1 Petition for Writ of Habeas Corpus, UNREDACTED version of ECF 44 filed under seal pursuant to the Protective Order (ECF 39) entered May 28, 2020 filed by John Doe I, John Doe II. (Attachments: #1 Declaration of Ann-Elizabeth Ostrager, #2 Exhibit 1) (Ostrager, Ann-Elizabeth) |
| Filing 44 REPLY in Support re 1 Petition for Writ of Habeas Corpus, REDACTED pursuant to the Protective Order (ECF 39) entered May 28, 2020 filed by John Doe I, John Doe II. (Attachments: #1 Exhibit 1) (Ostrager, Ann-Elizabeth) |
| Filing 43 REPLY in Support re #1 Petition for Writ of Habeas Corpus, Response to GEO Respondents Opposition, ECF 32 filed by John Doe I, John Doe II. (Fackler, Hannah) |
| Filing 42 Letter MOTION to Certify Class seeking leave to file a motion for class certification of the Section 2241 Petition by John Doe I, John Doe II. (Ostrager, Ann-Elizabeth) |
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ORDER denying #41 motion to stay discovery from the United States Marshals Service and granting #40 motion for a protective Order. First, respondents said nothing about staying discovery at the scheduling conference due to any jurisdictional motion; in fact, they did not oppose discovery at all, so the Court is not going to grant a stay motion now. Second, with regard to the scope of discovery, petitioners have made no showing, and there is no reason to believe, that the Marshals Service would have any documents relating to the issues in this case that are not in the possession of the GEO defendants, since the GEO defendants are the actual custodians. Balancing the remote need for this requested discovery against the burden on the Marshals and the potential to unnecessarily complicate this case, the requested discovery is unduly burdensome. Third, petitioners' request for documents relating to other inmates are in several instances vague or overbroad, and the Court is not going to pare down requests that petitioners' attorneys should have been able to properly draft themselves. When petitioners request, for example, medical or other documents relating to any potential COVID-19 symptoms, that could include every cough, sneeze, digestive complaint, fever, skin rash, and probably a host of others of which neither the Court nor the parties are aware, many if not most of which might have nothing to do with COVID-19. This placing of the burden on defendants to make a qualitative assessment of symptomology just for the purpose of ensuring good faith compliance with the petitioners' document request is unduly burdensome and simply lays the groundwork for further discovery disputes. Fourth, the Court notes that it has not yet accepted, and may not accept, petitioners' premise for this discovery, which is that they can obtain some sort of watered-down representative action based on Sero v. Preiser, 506 F.2d 1115 (2d Cir. 1974). That nearly 50-year old, rarely-invoked decision may no longer be good law in the light of the subsequent passage of the Rules for Habeas Corpus Proceedings, which allow, in the Court's discretion, adoption of the Federal Rule of Civil Procedure, including Rule 23. Even if Sero is still good law, the Court has not been asked to decide whether to exercise its discretion to allow a representative action, or if it does, whether that action must meet the requirements of Federal Rule of Civil Procedure 23 as opposed to some other standard that is not defined by any rules.Finally, the Court cautions both sides that these are all disputes that should have been worked out between counsel and without the Court. If either or both sides again present discovery disputes without a good faith basis, the Court may impose sanctions under Rule 37 against either or both sides' attorneys. Ordered by Judge Brian M. Cogan on 5/29/2020. (Cogan, Brian)
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ORDER re: #42 . The premotion conference is waived and petitioners are granted leave to move for class certification. At petitioners' option, they may deem this letter to constitute their memorandum of law in support of the motion. Ordered by Judge Brian M. Cogan on 5/29/2020. (Weisberg, Peggy)
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| Filing 41 Emergency MOTION to Stay Discovery against the Marshals, Pending Decision on the Marshals' Cross-Motion to Dismiss the Petition for Lack of Jurisdiction and for Failure to State a Claim. In accordance with the Court's individual practices, we have set forth all of the Parties' positions on the motion to stay in one consolidated joint letter. Petitioners oppose the stay; GEO/Zerillo Respondents support it. Respectfully submitted by Bryan T. Mullee, Ralph Sozio. (Amanat, Farzin) |
| Filing 40 Letter MOTION for Discovery joint request for direction as to scope of discovery by John Doe I, John Doe II. (Attachments: #1 Appendix A, #2 Appendix B) (Ostrager, Ann-Elizabeth) |
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Filing 39
PROTECTIVE ORDER granting #38 Motion for Protective Order. ( Ordered by Judge Brian M. Cogan on 5/28/2020 ) (Guzzi, Roseann)
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| Filing 38 Joint MOTION for Protective Order by John Doe I, John Doe II. (Attachments: #1 Proposed Protective and Privacy Act Order) (Ostrager, Ann-Elizabeth) |
| Filing 37 Letter MOTION to Dismiss for Lack of Jurisdiction , Letter MOTION to Dismiss for Failure to State a Claim by The Geo Group, Inc., William Zerillo. (McNally, Gail) |
| Filing 36 NOTICE of Appearance by Gail J. McNally on behalf of The Geo Group, Inc., William Zerillo (aty to be noticed) (McNally, Gail) |
| Filing 35 Letter to Judge Cogan explaining the submission of #34 documents under seal and ex parte, and again requesting leave to submit excess pages in its submission. Respectfully submitted by Bryan T. Mullee, Ralph Sozio (Amanat, Farzin) |
| Filing 34 MEMORANDUM in Opposition re #1 Petition for Writ of Habeas Corpus, #4 Motion for Preliminary Injunction, and in Support re #31 Cross-Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State an Actionable Claim. This UNREDACTED version of the Memorandum is being filed ex parte and under seal, with the green highlighting showing the passages redacted from the version filed on the public docket. This version also attaches two declarations and a number of exhibits not filed on the public docket. Respectfully filed by Bryan T. Mullee, Ralph Sozio. (Attachments: #1 Declaration of Vincent Lipari, AUSA, #2 Lipari Exh. A, #3 Lipari Exh. B, #4 Lipari Exh. C, #5 Lipari Exh. D, #6 Lipari Exh. E, #7 Lipari Exh. F, #8 Lipari Exh. G, #9 Lipari Exh. H, #10 Declaration of Sean Camoni, AUSA, #11 Camoni Exh. A, #12 Camoni Exh. B) (Amanat, Farzin) |
| Filing 33 MEMORANDUM in Opposition re #1 Petition for Writ of Habeas Corpus, #4 Motion for Preliminary Injunction, and in Support re #31 Cross-Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim. REDACTED to protect the confidentiality of the anonymous Petitioners (an unredacted version will be filed under seal, along with additional declarations and exhibits). Respectfully filed by Bryan T. Mullee, Ralph Sozio. (Attachments: #1 Declaration of Bud G. Spellman, III, #2 Exhibit A (GEO QDF Administrative Grievance Procedure), #3 Exhibit B (Federal Performance Based Detention Standards)) (Amanat, Farzin) |
| Filing 32 MEMORANDUM in Opposition re #1 Petition for Writ of Habeas Corpus, filed by The Geo Group, Inc., William Zerillo. (Attachments: #1 Declaration Declaration of William Zerillo) (Reilly, Mary) |
| Filing 31 Cross MOTION to Dismiss for Lack of Jurisdiction , Cross MOTION to Dismiss for Failure to State a Claim by Bryan T. Mullee, Ralph Sozio. (Amanat, Farzin) |
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ORDER granting #29 Motion for Leave to File Excess Pages. Ordered by Judge Brian M. Cogan on 5/25/2020. (Cogan, Brian)
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ORDER re: [28 and 30] letters on class certification. Plaintiffs should have raised any interest in moving for class certification at the scheduling hearing that the Court held in which the Court consolidated the merits with the Rule 65 motion. Nevertheless, if plaintiffs believe they have a basis for moving for class certification, they have to seek leave to move. The time at which the Court will hear the motion will be determined after the Court reviews the motion papers. Ordered by Judge Brian M. Cogan on 5/25/2020. (Cohen, Scott)
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| Filing 30 Letter Response to Respondents Mullee and Sozio's May 23, 2020 Letter Motion Requesting Clarification as to Scheduling Order (ECF 28) by John Doe I, John Doe II (Ostrager, Ann-Elizabeth) |
| Filing 29 MOTION for Leave to File Excess Pages : With the consent of the Petitioners, the Government respectfully seeks leave to file an extra five (5) pages, for a total of thirty (30), on its consolidated opposition to #1 the petition for habeas corpus and #4 motion for preliminary injunction. Respectfully submitted by Bryan T. Mullee, Ralph Sozio. (Amanat, Farzin) |
| Filing 28 Letter MOTION requesting clarification as to scheduling order by Bryan T. Mullee, Ralph Sozio (Lipari, Vincent) |
| Filing 27 Letter MOTION to Amend/Correct/Supplement Further Amend Case Caption by John Doe I, John Doe II, John Doe III. (Ostrager, Ann-Elizabeth) |
| Filing 26 NOTICE of Voluntary Dismissal by John Doe III pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) (Ostrager, Ann-Elizabeth) |
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ORDER granting #27 Motion to Further Amend Case Caption. John Doe III terminated. Ordered by Judge Brian M. Cogan on 5/22/2020. (Weisberg, Peggy)
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| Filing 25 NOTICE of Appearance by Mary Cameron Reilly on behalf of The Geo Group, Inc., William Zerillo (aty to be noticed) (Reilly, Mary) |
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ORDER granting #24 . The Clerk of the Court is directed to amend the case caption as indicated in petitioners' letter motion dated May 20, 2020. Ordered by Judge Brian M. Cogan on 5/21/2020. (Weisberg, Peggy)
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| Filing 24 Letter MOTION to Amend/Correct/Supplement Case Caption by Marquis Collier, John Doe I, John Doe II, John Doe III. (Ostrager, Ann-Elizabeth) |
| Filing 23 NOTICE of Voluntary Dismissal by Marquis Collier pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) (Ostrager, Ann-Elizabeth) |
| Filing 22 NOTICE of Appearance by Roger B. Lawrence on behalf of The Geo Group, Inc., William Zerillo (aty to be noticed) (Lawrence, Roger) |
| Filing 21 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order filed by John Doe I. (Ostrager, Ann-Elizabeth) |
| Filing 20 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order filed by John Doe II. (Ostrager, Ann-Elizabeth) Modified on 5/18/2020 (Mahoney, Brenna). |
| Minute Entry and Order for Scheduling Conference held on 5/18/2020 before Judge Brian M. Cogan. Counsel for petitioners and counsel for respondents appeared by telephone. Petitioners' #4 motion for temporary restraining order denied. Respondents shall submit their oppositions to the 2241 petition by 5/25/2020 at 12:00 PM. By 6/8/2020, the parties shall complete expedited discovery into the conditions of GEO Queens. The Court will hold a consolidated hearing on the preliminary injunction and the 2241 petition on 6/18/2020 at 2:15 PM either by video conference or in Courtroom 8D South, depending on the public health situation. The hearing will be evidentiary if there are material factual issues in dispute or by oral argument if not. See transcript for details. (Court Reporter: Denise Parisi.) (Weisberg, Peggy) Modified on 5/18/2020 (Weisberg, Peggy). |
| Filing 19 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order filed by John Doe III. (Ostrager, Ann-Elizabeth) |
| Filing 18 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order filed by John Doe II. (Ostrager, Ann-Elizabeth) |
| Filing 17 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order filed by John Doe I. (Ostrager, Ann-Elizabeth) |
| Filing 16 Letter regarding the Redactions to the Declarations of John Doe I, John Doe II, and John Doe III by John Doe I, John Doe II, John Doe III (Ostrager, Ann-Elizabeth) |
| Filing 15 NOTICE of Appearance by Vincent Lipari on behalf of Bryan T. Mullee, Ralph Sozio (aty to be noticed) (Lipari, Vincent) |
| Filing 14 NOTICE of Appearance by Hannah Lonky Fackler on behalf of Marquis Collier, John Doe I, John Doe II, John Doe III (aty to be noticed) (Fackler, Hannah) |
| Filing 13 NOTICE of Appearance by Alana Mary Longmoore on behalf of Marquis Collier, John Doe I, John Doe II, John Doe III (aty to be noticed) (Longmoore, Alana) |
| Filing 12 NOTICE of Appearance by Ann-Elizabeth Ostrager on behalf of Marquis Collier, John Doe I, John Doe II, John Doe III (notification declined or already on case) (Ostrager, Ann-Elizabeth) |
| Filing 11 NOTICE of Appearance by Layaliza K. Soloveichik on behalf of Bryan T. Mullee, Ralph Sozio (aty to be noticed) (Soloveichik, Layaliza) |
| Filing 10 NOTICE of Appearance by Farzin Franklin Amanat on behalf of Bryan T. Mullee, Ralph Sozio (aty to be noticed) (Amanat, Farzin) |
| Filing 9 Letter regarding Notice to Respondents of Scheduling Conference by Marquis Collier, John Doe I, John Doe II, John Doe III (Ostrager, Ann-Elizabeth) |
| Filing 8 Summons Issued as to Bryan T. Mullee, Ralph Sozio, The Geo Group, Inc., William Zerillo, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) |
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ORDER re: #4 motion for temporary restraining order. The Court will hold a scheduling conference by telephone on 5/18/2020 at 10:00 am. The parties are directed to use the toll-free number 888-684-8852 and access code 6427877#. Petitioners shall provide notice of the hearing to respondents no later than 12:00 PM on 5/15/2020 and file proof that they have done so. In addition, petitioners' #6 motion to seal is granted in part. Petitioners shall file redacted versions of their declarations only by 5/18/2020. The remaining exhibits contain personal medical information and petitioners' privacy interest in keeping these documents confidential outweigh any qualified right the public has to access them. Ordered by Judge Brian M. Cogan on 5/14/2020. (Weisberg, Peggy)
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| Filing 7 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Bowens, Priscilla) |
| Case Assigned to Judge Brian M. Cogan. 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) |
| Filing 6 MOTION for Leave to Electronically File Document under Seal by Marquis Collier, John Doe I, John Doe II, John Doe III. (Attachments: #1 Exhibit A to Collier Declaration, #2 Exhibit B to Collier Declaration, #3 Exhibit C to Collier Declaration, #4 Declaration of John Doe I, #5 Exhibit A to Doe I Declaration, #6 Exhibit B to Doe I Declaration, #7 Exhibit C to Doe I Declaration, #8 Declaration of John Doe II, #9 Exhibit A to Doe II Declaration, #10 Exhibit B to Doe II Declaration, #11 Declaration of John Doe III) (Ostrager, Ann-Elizabeth) |
| Filing 5 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Temporary Restraining Order filed by Marquis Collier. (Ostrager, Ann-Elizabeth) |
| Filing 4 MOTION for Temporary Restraining Order by Marquis Collier, John Doe I, John Doe II, John Doe III. (Attachments: #1 Memorandum of Law in Support of Petitioners' Motion For a Temporary Restraining Order) (Ostrager, Ann-Elizabeth) |
| Filing 3 Proposed Summons. by Marquis Collier, John Doe I, John Doe II, John Doe III (Ostrager, Ann-Elizabeth) |
| Filing 2 Civil Cover Sheet.. by Marquis Collier, John Doe I, John Doe II, John Doe III (Ostrager, Ann-Elizabeth) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 filing fee $ 5, receipt number ANYEDC-12793370, filed by John Doe II, John Doe I, Marquis Collier, John Doe III. (Attachments: #1 Declaration of Deirdre D. von Dornum, #2 Declaration of Jonathan Giftos, M.D., #3 Proposed Order to Show Cause) (Ostrager, Ann-Elizabeth) |
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