Lynch et al v. DeMarco et al
| Donald Bangs, Robert Bernhard, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Edward Keyes, Kevin King, Ricky Lynch, Kevin M. Massey, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams and Andrew Zeigler |
| Vincent F. DeMarco, Jane Doe and John Doe |
| 2:2011cv02602 |
| May 27, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Joanna Seybert |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
528
ORDER granting 500 Motion to Substitute; ORDERED that Plaintiffs' Substitution Motion (ECF No. 500) is GRANTED to the extent that they may add: (1) Williams and Miller as Named Plaintiffs for the Injunctive Class; and (2) McMahon and Yates as Named Plaintiffs for the Damages Class. So Ordered by Judge Joanna Seybert on 8/9/2023. (CV)
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Filing
428
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Brown's R&R (Docket Entry 426) is ADOPTED in its entirety as modified by the Modification Order dated June 29, 2016. So Ordered by Judge Joanna Seybert on 8/29/2016. C/ECF (Valle, Christine)
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Filing
375
MEMORANDUM AND ORDER granting in part and denying in part 344 Motion to Dismiss for Failure to State a Claim; granting 347 Motion to Certify Class. For the foregoing reasons, Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART, and the claims against Defendants DeMarco, Caracappa, and Meyerricks are DISMISSED WITHOUT PREJUDICE. All other claims survive. The Named Plaintiffs are GRANTED leave to file a Second Consolidated Class Action Complaint that corrects th e pleading defects with respect to the claims against the Individual Defendants. Such amended pleading shall be filed within thirty days (30) of the date of this Memorandum and Order. Further, the Named Plaintiffs' motion for class certifica tion is GRANTED. It is therefore hereby: ORDERED that the following classes and subclasses are certified: (1) an Injunctive Class comprised of all persons who, now or at any time in the future, are or will be detainees or prisoners in the custody of the Suffolk County Sheriff's Department and housed in the SCCF, with separate subclasses for those persons detained in Riverhead and Yaphank; and (2) a Damages Class comprised of all persons who are or were detainees or prisoners in the cust ody of the Suffolk County Sheriff's Department and housed in the SCCF and who were or will be released from the SCCF on or after April 5, 2009, with separate subclasses for those persons detained in Riverhead and Yaphank. The Injunctiv e Class and subclasses are certified to seek declaratory and injunctive relief only; whereas the Damages Class and subclasses is certified to seek any and all monetary relief available to the class. It is further ORDERED that Butler and Sims are a ppointed the class representatives for the Riverhead Injunctive Subclass; that Lofton and Alver are appointed class representatives for the Yaphank Injunctive Subclass; that King is appointed class representative for the Riverhead Damages Subclass; and that Lynch is appointed class representative for the Yaphank Damages Subclass. It is further ORDERED that the Named Plaintiffs' attorneys of record are appointed class counsel. So Ordered by Judge Joanna Seybert on 3/19/2013. C/ECF (Valle, Christine)
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Filing
327
ORDER - For the foregoing reasons, Defendants' motions to consolidate are GRANTED, and it is hereby: ORDERED that the fifty-nine (59) above-captioned actions be consolidated for all purposes, to proceed under the lead case, 11-CV-2602. Accor dingly, the Clerk of the Court is directed to (i) consolidate these actions, and (ii) mark all of the member cases closed. All future filings are to be docketed in the lead case, 11-CV-2602. It is further ORDERED that Shearman & Sterling LLP' ;s appointment as pro bono counsel to the Plaintiffs in 11-CV-2602 is extended to all Plaintiffs in the Consolidated Action. ORDERED that Shearman & Sterling LLP file a Consolidated Amended Complaint on behalf of the Consolidated Plaintiffs by March 5, 2012; Amended Pleadings due by 3/5/2012. ORDERED that when a pro se action which relates to the subject matter of the Consolidated Action is hereafter filed in this Court, the Clerk of the Court shall: Assign each subsequently filed action a new case number to proceed before the undersigned and Magistrate Judge Gary R. Brown; Docket this Order in each Newly-Filed Action; Consolidate each Newly-Filed Action with the Consolidated Action and make an appropriate entry on the Consolidated Action's docket so indicating; Mail a copy of the Complaint in each Newly-Filed Action to counsel for the Consolidated Plaintiffs; Mail a copy of this Order (and, for any Newly-Filed Action commenced after the Consolidated Amended Compla int is filed, a copy of the Consolidated Amended Complaint) to the Plaintiff in the Newly-Filed Action; Administratively close each Newly-Filed Action. ORDERED that any claims raised in a Newly-Filed Action that are not raised in the Consolidate d Amended Complaint shall be severed. ORDERED that any pending applications for in forma pauperis status and for the appointment of counsel filed in Newly- Filed Actions commenced after the filing of the Consolidated Amended Complaint shall be deni ed without prejudice as moot with leave to renew if and when the cases are reopened. ORDERED that any Plaintiff-in any of the above-captioned actions or in a Newly-Filed Action--who does not wish to proceed as part of the Consolidated Action must so indicate in a letter to the Court within thirty (30) days of receiving a copy of this Order. ORDERED that counsel for Plaintiffs mail a copy of this Order to each of the Consolidated Plaintiffs. So Ordered by Judge Joanna Seybert on 1/23/12. C/ECF (Valle, Christine)
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Filing
286
MEMORANDUM AND ORDER - The Court finds that the appointment of pro bono counsel is warranted pursuant to 28 U.S.C. § 1915(e)(1). Accordingly, the Court's Pro Se Office is directed to seek the appointment of pro bono counsel for Plaint iffs forthwith. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiffs. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. So Ordered by Judge Joanna Seybert on 11/22/11. C/M; C/ECF (Valle, Christine)
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Filing
280
MEMORANDUM AND ORDER - The Court sua sponte directs that the County of Suffolk provide the Court in writing with a list of those Plaintiffs that are pre-conviction, if any, together with the identities of their respective criminal defense counsel. S uch information shall be provided to the Court within two (2) weeks of the date of this Order. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiffs. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. So Ordered by Judge Joanna Seybert on 11/15/11. C/M; C/ECF (Valle, Christine)
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