M.C. et al v. Jefferson County, New York et al
| M.C. and T.G. |
| Jefferson County, New York, Colleen M. O'Neill, Brian R. McDermott and Mark Wilson |
| 6:2022cv00190 |
| March 1, 2022 |
| US District Court for the Northern District of New York |
| Utica Office |
| David N Hurd |
| Miroslav Lovric |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on May 16, 2022. A more recent docket listing may be available from PACER.
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Filing 50
AFFIDAVIT in Support re #2 MOTION to Certify Class filed by M.C., T.G.. Motion returnable before Judge Judge Daniel N. Hurd Declaration of T.P. filed by M.C., T.G.. (Ding, Terry)
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Filing 49
AFFIDAVIT in Support re #2 MOTION to Certify Class filed by M.C., T.G.. Motion returnable before Judge Judge Daniel N. Hurd Supplemental Declaration of T.G. filed by M.C., T.G.. (Ding, Terry)
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Filing 48
AFFIDAVIT in Support re #2 MOTION to Certify Class filed by M.C., T.G.. Motion returnable before Judge Judge Daniel N. Hurd Second Supplemental Declaration of Richard Rosenthal, MD filed by M.C., T.G.. (Ding, Terry)
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Filing 47
REPLY to Response to Motion re #2 MOTION to Certify Class filed by M.C., T.G.. Motion returnable before Judge Judge Daniel N. Hurd filed by M.C., T.G.. (Ding, Terry)
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Filing 46
MEMORANDUM OF LAW re #31 Motion for Preliminary Injunction, In Opposition filed by Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson. (Attachments: #1 Declaration Teresa Bennett, Esq., #2 Mark Wilson)(Bennett, Teresa)
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Filing 45
MEMORANDUM OF LAW re #2 Motion to Certify Class,,,,,,,,,, Opposition filed by Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson. (Attachments: #1 Affidavit Let. Mark Wilson, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Declaration Teresa Bennett, Esq., #5 Certificate of Service)(Arias, Kayla)
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Filing 44
ORDER granting #40 Motion for Leave to File under Seal: it is ORDERED that Pursuant to Local Rule 5.3, plaintiffs consent motion to seal the names of all current and former members of the putative class is GRANTED; The parties shall refer to plaintiffs and current and former members of the putative class by pseudonyms, including in all filings and at all public hearings, for the duration of this action or until further order of the Court; Defendants are prohibited from publicly disclosing the identities of plaintiffs or any current or former member of the putative class, except to persons or entities directly associated with this litigation for the purpose of investigating the allegations in the Class Action Complaint and for preparing an answer or other dispositive motion in response. Signed by Judge David N. Hurd on April 13, 2022. (gmd, )
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TEXT ORDER SETTING HEARING ON MOTIONS TO CERTIFY CLASS AND FOR PRELIMINARY INJUNCTION: Pursuant to the verbal Order of the Hon. David N. Hurd the Oral argument as to #2 MOTION to Certify Class filed by M.C., T.G.. Motion and the #31 MOTION for Preliminary Injunction filed by M.C., T.G. shall now be heard on Tuesday, May 10, 2022 at 11:00AM in USDC / Utica, NY. Appearances required in Court in Utica. Please adjust your calendars accordingly. So Ordered by Judge David N. Hurd on 4/12/2022. (ptm)
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Filing 43
NOTICE of Appearance by Kayla A. Arias on behalf of All Defendants (Arias, Kayla)
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Filing 42
NOTICE of Appearance by Teresa M. Bennett on behalf of All Defendants (Bennett, Teresa)
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Filing 41
ANSWER to #1 Complaint, by Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson.(Bennett, Teresa)
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Filing 40
Consent MOTION for Leave to File Under Seal filed by M.C., T.G.. Response to Motion due by 4/27/2022 (Attachments: #1 Memorandum of Law, #2 Proposed Order/Judgment, #3 Declaration of Terry Ding) Motions referred to Miroslav Lovric. (Gemmell, Antony)
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Filing 39
AFFIDAVIT in Support re #31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Attachments: #1 Exhibit(s) A to Gemmell Declaration, #2 Exhibit(s) B to Gemmell Declaration, #3 Exhibit(s) C to Gemmell Declaration, #4 Exhibit(s) D to Gemmell Declaration, #5 Exhibit(s) E to Gemmell Declaration)(Gemmell, Antony)
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Filing 38
AFFIDAVIT in Support re #31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony)
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Filing 37
AFFIDAVIT in Support re #31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony)
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Filing 36
AFFIDAVIT in Support re #31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony)
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Filing 35
AFFIDAVIT in Support re #31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony)
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Filing 34
AFFIDAVIT in Support re #31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony)
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Filing 33
AFFIDAVIT in Support re #31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony)
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Filing 32
AFFIDAVIT in Support re #31 MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd filed by M.C., T.G.. (Gemmell, Antony)
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Filing 31
MOTION for Preliminary Injunction filed by M.C., T.G.. Motion returnable before Judge David N. Hurd Response to Motion due by 4/27/2022. Reply to Response to Motion due by 5/4/2022 (Attachments: #1 Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction, #2 Proposed Order/Judgment) (Gemmell, Antony)
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Filing 30
MEMORANDUM-DECISION and ORDER: it is ORDERED that Plaintiffs motion for a preliminary injunction is GRANTED; Defendants are PRELIMINARILY ENJOINED to: Provide Plaintiff with his daily prescribed methadone treatment during his period of incarceration in defendants custody in a way deemed appropriate in light of security needs, such as by: transporting plaintiff for a prescribed methadone treatment to Credo on Mondays through Saturdays; and transporting plaintiff to Crouse Hospital on any day that Credo is not open; Continue to provide plaintiff with his daily prescribed methadone treatment unless or until his methadone treatment providers at Credo, Crouse Hospital, or any other treatment provider through which plaintiff receives methadone treatment under this Order determines that such treatment shall be terminated; Sufficient reason having been shown therefor, the security requirement of Federal Rule of Civil Procedure 65(c) is waived. Signed by Judge David N. Hurd on March 29, 2022. (gmd, )
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Filing 29
Joint Letter Motion from Antony Gemmell for M.C. submitted to Judge David N. Hurd concerning the parties' proposed consent order granting Plaintiff M.C.'s request for a preliminary injunction. (Attachments: #1 Proposed Order/Judgment Granting Plaintiff M.C.'s Request for a Preliminary Injunction)(Gemmell, Antony)
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Filing 28
TEXT ORDER granting #27 Letter Motion from Defendants for Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson requesting 30 day Adjournment of Deadline to Respond to Plaintiff's Motion for Class Certification. Per the Verbal Order of the Honorable U.S. District Court Judge David N. Hurd on 3/22/2022.RE: #2 MOTION to Certify Class filed by M.C., T.G. Motion returnable before Judge David N. Hurd. Response to Motion due by 4/22/2022. Reply to Response to Motion due by 4/29/2022 (hmr) Modified on 3/22/2022 (hmr).
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CLERK'S CORRECTION OF DOCKET ENTRY re 28 Text Order on Letter Request: Clerk added "Text" before Order to this docket entry. (hmr)
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Filing 27
Letter Motion from Defendants for Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson requesting Adjournment of Deadline to Respond to Plaintiff's Motion for Class Certification submitted to Judge Hurd and Lovric . (Bennett, Teresa)
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Filing 26
Mail Returned as Undeliverable. sent to Gabriella M. Larios Address sent to 125 Broad Street, 19th Floor NY, NY 10004. Return to Sender, Refused, Unable to Forward. (gmd, )
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Filing 25
NOTICE of Appearance by Gabriella Larios on behalf of M.C., T.G. (Larios, Gabriella)
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Filing 24
Letter Motion from Antony P.F. Gemmell for M.C. requesting Entry of Preliminary Injunction submitted to Judge David N. Hurd . (Gemmell, Antony)
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Filing 23
MOTION for Preliminary Injunction Letter Response filed by Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson. Motion returnable before Judge David N. Hurd by Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson.(Bennett, Teresa)
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Filing 22
TEXT ORDER ADJOURNING HEARING ON MOTION FOR PRELIMINARY INJUNCTION : Pursuant to the verbal Order of the Hon. David N. Hurd the #4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. is adjourned. The temporary restraining Order enter by this Court on March 2, 2022 at Dkt. No. #16 remains in full force and effect until the Oral argument as to #4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. which shall now be heard on Tuesday, March 29, 2022 at 1:00PM in USDC / Utica, NY. Appearances required in Court in Utica. Please adjust your calendars accordingly. So Ordered by Judge David N. Hurd on 3/14/2022. (ptm) Modified on 3/15/2022 (ptm).
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Filing 21
AFFIDAVIT of Service for Summons; Complaint; M.C. Declaration; Declaration Of Richard N. Rosenthal, M.D.; T.G. Declaration; S.G. Declaration; R.G. Declaration; Order; Declaration Of Edmond Hayes; M.S.C. Declaration; Declaration Of Antony P.F. Gemmell In Support Of Temporary Restraining Order; Declaration Of Daniel Pisaniello, M. D.; Order To Show Cause For Temporary Restraining Order And Preliminary Injunction; Memorandum Of Law In Support Of Plaintiff M.C.'S Order To Show Cause For Temporary Restraining Order And A Preliminary Injunction served on Colleen M. O'Neill on March 7, 2022, filed by M.C., T.G.. (Gemmell, Antony)
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Filing 20
AFFIDAVIT of Service for Summons; Complaint; M.C. Declaration; Declaration Of Richard N. Rosenthal, M.D.; T.G. Declaration; S.G. Declaration; R.G. Declaration; Order; Declaration Of Edmond Hayes; M.S.C. Declaration; Declaration Of Antony P.F. Gemmell In Support Of Temporary Restraining Order; Declaration Of Daniel Pisaniello, M. D.; Order To Show Cause For Temporary Restraining Order And Preliminary Injunction; Memorandum Of Law In Support Of Plaintiff M.C.'S Order To Show Cause For Temporary Restraining Order And A Preliminary Injunction served on Mark Wilson on March 7, 2022, filed by M.C., T.G.. (Gemmell, Antony)
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Filing 19
AFFIDAVIT of Service for Summons; Complaint; M.C. Declaration; Declaration Of Richard N. Rosenthal, M.D.; T.G. Declaration; S.G. Declaration; R.G. Declaration; Order; Declaration Of Edmond Hayes; M.S.C. Declaration; Declaration Of Antony P.F. Gemmell In Support Of Temporary Restraining Order; Declaration Of Daniel Pisaniello, M. D.; Order To Show Cause For Temporary Restraining Order And Preliminary Injunction; Memorandum Of Law In Support Of Plaintiff M.C.'S Order To Show Cause For Temporary Restraining Order And A Preliminary Injunction served on Jefferson County, New York on March 7, 2022, filed by M.C., T.G.. (Gemmell, Antony)
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Filing 18
AFFIDAVIT of Service for Summons; Complaint; M.C. Declaration; Declaration Of Richard N. Rosenthal, M.D.; T.G. Declaration; S.G. Declaration; R.G. Declaration; Order; Declaration Of Edmond Hayes; M.S.C. Declaration; Declaration Of Antony P.F. Gemmell In Support Of Temporary Restraining Order; Declaration Of Daniel Pisaniello, M. D.; Order To Show Cause For Temporary Restraining Order And Preliminary Injunction; Memorandum Of Law In Support Of Plaintiff M.C.'S Order To Show Cause For Temporary Restraining Order And A Preliminary Injunction served on Brian R. McDermott on March 7, 2022, filed by M.C., T.G.. (Gemmell, Antony)
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***Answer due date updated for Jefferson County, New York; Brian R. McDermott; Colleen M. O'Neill; and Mark Wilson answers due 3/28/2022. (pjh, )
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Filing 17
AFFIDAVIT of Service for Temporary Restraining Order and Supporting Papers served on Defendants, filed by M.C.. (Gemmell, Antony)
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Filing 16
ORDER granting #4 Motion for TRO for Plaintiff M.C. Plaintiffs shall serve defendants with this Order, together with the papers upon which it is granted, on or before March 4, 2022; Show Cause Hearing set for 3/15/2022 01:00 PM in Utica before Judge David N. Hurd. Motion Response Papers due by 3/10/2022. No Reply is permitted. Signed by Judge David N. Hurd on March 2nd, 2022. (gmd, )
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Filing 15
NOTICE OF ADMISSION REQUIREMENT as to Party M.C. and T.G.; Attorney Gabriella M. Larios, Esq., Email address is 212-607-3300. Clerk mailed out notice on 3/2/22. Admissions due by 3/16/2022. (gmd, )
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Filing 14
G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 6/1/2022 01:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/25/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (gmd, )
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Filing 13
TEXT ORDER: Granting Notice pursuant to General Order #12 of Potential Related Case for Direct Assignment. The cases are deemed related. So Ordered by Judge David N. Hurd on 3/2/2022. (ptm)
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Filing 12
TEXT ORDER REASSIGNING CASE. Due to related case #5:21-cv-388, this case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. US Magistrate Judge Andrew T. Baxter no longer assigned to case. SO ORDERED by Chief Judge Glenn T. Suddaby on 3/2/22. (lmw)
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Filing 11
Letter Motion from Antony Gemmell for M.C. submitted to Judge David N. Hurd Updating the Court on the Status of Plaintiff M.C.'s Incarceration in Defendants' Custody. (Gemmell, Antony)
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Filing 10
AFFIDAVIT in Support re #4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. HurdEmergency MOTION for Temporary Restraining Order for Plaintiff M.C. Declaration of S.G. filed by M.C.. (Gemmell, Antony)
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Filing 9
AFFIDAVIT in Support re #4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. HurdEmergency MOTION for Temporary Restraining Order for Plaintiff M.C. Declaration of R.G. filed by M.C.. (Gemmell, Antony)
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Filing 8
AFFIDAVIT in Support re #4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. HurdEmergency MOTION for Temporary Restraining Order for Plaintiff M.C. Declaration of M.S.C. filed by M.C.. (Gemmell, Antony)
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Filing 7
AFFIDAVIT in Support re #4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. HurdEmergency MOTION for Temporary Restraining Order for Plaintiff M.C. Declaration of Edmond Hayes filed by M.C.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3)(Gemmell, Antony)
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Filing 6
AFFIDAVIT in Support re #4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. HurdEmergency MOTION for Temporary Restraining Order for Plaintiff M.C. Declaration of Daniel Pisaniello, M.D. filed by M.C.. (Gemmell, Antony)
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Filing 5
AFFIDAVIT in Support re #4 Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. HurdEmergency MOTION for Temporary Restraining Order for Plaintiff M.C. Declaration of Antony P.F. Gemmell in Support of Temporary Restraining Order filed by M.C.. (Attachments: #1 Exhibit(s) A, #2 B)(Gemmell, Antony)
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Filing 4
Emergency MOTION for Preliminary Injunction for Plaintiff M.C. filed by M.C.. Motion returnable before Judge David N. Hurd, Emergency MOTION for Temporary Restraining Order for Plaintiff M.C. by M.C.. (Attachments: #1 Memorandum of Law in support of Plaintiff M.C.'s Order to Show Cause for a Temporary Restraining Order and a Preliminary Injunction)(Gemmell, Antony)
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Filing 3
Summons Issued as to Jefferson County, and #1 Brian R. McDermott, #2 Colleen M. O'Neill, #3 Mark Wilson.(gmd, ) (Main Document 3 replaced on 3/2/2022) (pjh, ). (Attachment 1 replaced on 3/2/2022) (pjh, ). (Attachment 2 replaced on 3/2/2022) (pjh, ). (Attachment 3 replaced on 3/2/2022) (pjh, ).
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CLERK'S CORRECTION OF DOCKET ENTRY: The #1 Complaint, the #2 Motion to Certify Class and the #3 Summons Issued have been replaced to reflect that Judge Lovric is the Magistrate Judge on this case. Service of these documents will be regenerated. (pjh, )
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TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 5:21-cv-00388-DNH-ML. (gmd, )
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Filing 2
MOTION to Certify Class filed by M.C., T.G.. Motion returnable before Judge Judge Andrew T. Baxter. Response to Motion due by 3/22/2022. Reply to Response to Motion due by 3/29/2022 (Attachments: #1 Memorandum of Law, #2 Declaration of Antony P.F. Gemmell in Support of Plaintiffs' Motion for Class Certification, #3 Exhibit(s) A to the Declaration of Antony P.F. Gemmell, #4 Declaration of M.C., #5 Declaration of T.G., #6 Declaration of Richard N. Rosenthal, M.D., #7 Exhibit(s) A to Rosenthal Declaration, #8 Exhibit(s) 1 to Rosenthal Declaration, #9 Exhibit(s) 2 to Rosenthal Declaration, #10 Exhibit(s) 3 to Rosenthal Declaration, #11 Exhibit(s) 4 to Rosenthal Declaration, #12 Exhibit(s) 5 to Rosenthal Declaration, #13 Exhibit(s) 6 to Rosenthal Declaration, #14 Exhibit(s) 7 to Rosenthal Declaration, #15 Exhibit(s) 8 to Rosenthal Declaration, #16 Exhibit(s) 9 to Rosenthal Declaration, #17 Exhibit(s) 10 to Rosenthal Declaration, #18 Exhibit(s) 11 to Rosenthal Declaration, #19 Exhibit(s) 12 to Rosenthal Declaration, #20 Exhibit(s) 13 to Rosenthal Declaration, #21 Exhibit(s) 14 to Rosenthal Declaration, #22 Exhibit(s) 15 to Rosenthal Declaration, #23 Exhibit(s) 16 to Rosenthal Declaration, #24 Exhibit(s) 17 to Rosenthal Declaration, #25 Exhibit(s) 18 to Rosenthal Declaration, #26 Exhibit(s) 19 to Rosenthal Declaration, #27 Exhibit(s) 20 to Rosenthal Declaration, #28 Exhibit(s) 21 to Rosenthal Declaration, #29 Exhibit(s) 22 to Rosenthal Declaration, #30 Exhibit(s) 23 to Rosenthal Declaration, #31 Exhibit(s) 24 to Rosenthal Declaration, #32 Exhibit(s) 25 to Rosenthal Declaration, #33 Exhibit(s) 26 to Rosenthal Declaration, #34 Exhibit(s) 27 to Rosenthal Declaration, #35 Exhibit(s) 28 to Rosenthal Declaration, #36 Exhibit(s) 29 to Rosenthal Declaration, #37 Exhibit(s) 30 to Rosenthal Declaration, #38 Exhibit(s) 31 to Rosenthal Declaration, #39 Exhibit(s) 32 to Rosenthal Declaration, #40 Exhibit(s) 33 to Rosenthal Declaration, #41 Exhibit(s) 34 to Rosenthal Declaration, #42 Exhibit(s) 35 to Rosenthal Declaration, #43 Exhibit(s) 36 to Rosenthal Declaration, #44 Exhibit(s) 37 to Rosenthal Declaration, #45 Exhibit(s) 38 to Rosenthal Declaration, #46 Exhibit(s) 39 to Rosenthal Declaration, #47 Exhibit(s) 40 to Rosenthal Declaration) (gmd, ) (Main Document 2 replaced on 3/2/2022) (pjh, ). (Attachment 1 replaced on 3/2/2022) (pjh, ). (Attachment 2 replaced on 3/2/2022) (pjh, ). (Attachment 4 replaced on 3/2/2022) (pjh, ). (Attachment 5 replaced on 3/2/2022) (pjh, ). (Attachment 6 replaced on 3/2/2022) (pjh, ).
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Filing 1
COMPLAINT against Jefferson County, New York, Brian R. McDermott, Colleen M. O'Neill, Mark Wilson (Filing fee $402 receipt number ANYNDC-5822159) filed by M.C., T.G. (Attachments: #1 Civil Cover Sheet)(gmd, ) (Main Document 1 replaced on 3/2/2022) (pjh, ). (Attachment 1 replaced on 3/2/2022) (pjh, ).
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