Disability Rights New York v. New York State Department of Corrections and Community Supervision et al
| Disability Rights New York |
| New York State Department of Corrections and Community Supervision and Anthony J. Annucci |
| 1:2020cv01487 |
| December 3, 2020 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Glenn T Suddaby |
| Civil Rights: Other |
| 42 U.S.C. § 12101 American Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on January 16, 2024. A more recent docket listing may be available from PACER.
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Filing 16
AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction, Proposed Order for Preliminary Injunction, Memorandum of Law for Preliminary Injunction, Supporting Declarations, Letter Motion to File Exhibits Under Seal and Proposed Order to File Exhibits Under Seal served on Anthony J. Annucci, Acting Commissioner of NYS DOCCS on 12/9/2020, filed by Disability Rights New York. (Tomlinson, Brandy)
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Filing 15
AFFIDAVIT of Service for Summons, Complaint, Motion for Preliminary Injunction, Proposed Order for Preliminary Injunction, Memorandum of Law for Preliminary Injunction, Supporting Declarations, Letter Motion to File Exhibits Under Seal and Proposed Order to File Exhibits Under Seal served on NYS DOCCS on 12/9/2020, filed by Disability Rights New York. (Tomlinson, Brandy)
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Filing 14
TEXT ORDER granting Defendants' #13 letter request for an extension of time to file an answer to the complaint and respond to Plaintiff's #7 motion for preliminary injunction on or before 2/5/2021. Any reply to the #7 motion for preliminary injunction is due on or before 2/12/2021. SO ORDERED by Chief Judge Glenn T. Suddaby on 1/5/2021. (sal)
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Filing 13
Letter Motion from Brian W. Matula, Esq. for Anthony J. Annucci, New York State Department of Corrections and Community Supervision requesting extension of time (Feb. 5, 2021) to file opposition to motion for preliminary injunction and to answer complaint (ON CONSENT) submitted to Judge Christian F. Hummel . (Matula, Brian)
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Filing 12
NOTICE of Appearance by Brian W. Matula on behalf of Anthony J. Annucci, New York State Department of Corrections and Community Supervision (Matula, Brian)
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Filing 11
TEXT ORDER granting #8 Plaintiff's letter-motion to seal exhibits under Local Rule 83.13(a) for the reasons stated in the letter-motion. Under the legal standard set forth in Lugosch v. Pyramid Co. of Onondaga Cty., 435 F.3d 110, 125-26 (2d Cir. 2006), the Court finds that such sealing is (1) essential to preserve values higher than a qualified First Amendment right of access to the material and (2) narrowly tailored to serve that interest. More specifically, the Court finds that the individuals in question possess a strong privacy interest in the information contained in the exhibits. Moreover, the Court finds that a word-by-word or even a page-by-page redaction is an unfeasible alternative given the fact that the material in need of redaction pervades the exhibits. As a result, the Clerk of the Court is directed to place the referenced exhibits under seal. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/4/2020. (sal )
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Filing 10
TEXT ORDER provisionally granting #6 Plaintiff's letter-motion to File and Serve the Summons and Complaint Using Pseudonyms for the reasons stated in the letter-motion. If Defendants oppose the letter-motion, they may file an opposition to it once they appear in the action. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/4/2020. (sal)
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Filing 9
AMENDED G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/15/2021 at 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/8/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr)
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Filing 8
Letter Motion from Plaintiff to File Exhibits Under Seal for Disability Rights New York requesting Letter Motion to File Exhibits Under Seal submitted to Judge Hon. Glenn T. Suddaby . (Attachments: #1 Proposed Order/Judgment)(Tomlinson, Brandy)
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Filing 7
MOTION for Preliminary Injunction Motion Hearing set for 1/21/2020 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 1/6/2020 Reply to Response to Motion due by 1/10/2020. filed by Disability Rights New York. (Attachments: #1 Motion for TRO/PI Motion for PI, #2 Proposed Order/Judgment, #3 Memorandum of Law, #4 Declaration Declaration of Tomlinson, #5 Declaration Declaration of Caturano, #6 Declaration Declaration of Keegan) (Tomlinson, Brandy) (Additional attachment(s) added on 12/7/2020: #7 Sealed Exhibits) (sal, ).
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Filing 6
Letter Motion from Plaintiff to File and Serve the Summons and Complaint Using Pseudonyms for Disability Rights New York requesting Letter Motion to File and Serve the Summons and Complaint Using Pseudonyms submitted to Judge Hon. Glenn T. Suddaby . (Attachments: #1 Affirmation)(Tomlinson, Brandy)
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Filing 5
TEXT ORDER REASSIGNING CASE. Upon further review of this case, the Court finds that this case is related to the earlier case Disability Rights New York v. New York State Department of Corrections and Community Supervision et al.. (Case No. 1:18-CV-980 (GTS/CFH) and therefore, in the interest of judicial economy, the Court sua sponte directs the Clerk to reassign this case to Magistrate Judge Christian F. Hummel as the magistrate judge in this action. Magistrate Judge Daniel J. Stewart no longer assigned to case. The undersigned remains assigned as the district judge in the action. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/4/2020. (sal )
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Filing 4
TEXT ORDER REASSIGNING CASE. Case reassigned to Chief Judge Glenn T. Suddaby for all further proceedings. Senior Judge Thomas J. McAvoy no longer assigned to case. Authorized by Senior Judge Thomas J. McAvoy on 12/4/2020. (amt)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/4/2021 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/25/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh)
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Filing 2
Summons Issued as to Anthony J. Annucci, New York State Department of Corrections and Community Supervision. (Attachments: #1 Summons Issued as to Anthony J. Annucci)(mgh)
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TEXT NOTICE of re #7 Motion for Preliminary Injunction : Response to Motion due by 1/6/2021. Reply to Response to Motion due by 1/13/2021. This motion is taken on submission of the papers and returnable on 1/21/2021 before Chief Judge Glenn T. Suddaby. No appearances are required. (sal )
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Filing 1
COMPLAINT against Anthony J. Annucci, New York State Department of Corrections and Community Supervision (Filing fee $402 receipt number ANYNDC-5338162) filed by Disability Rights New York. (Attachments: #1 Civil Cover Sheet)(mgh)
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