Benjamin, et al., v. Horn, et al.,
| James Benjamin and Juan Romero |
| Catherine Abate |
| William Fraser, George Harris, Herman Johnson, Joseph Torres, Donald Morris, George Leeper and Blake Wingate |
| 1:1975cv03073 |
| October 26, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Harold Baer |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
726
ORDER RE: OFFICE OF COMPLIANCE CONSULTANTS: ORDERED: The Clerk of the Court is directed to assign ECF login credentials for the Office of Compliance Consultants, which is currently designated on ECF as an interested party, to OCC Deputy Director Nico le Austin-Best, whose email address is deputydirector@compliance-consultants.us. The Court directs OCC to serve its periodic progress reports on the parties and the Court bye-filing them on the ECF docket, consistent with time frames set forth i n Paragraph 3 of the Revised Order re: Time Table for Submission of OCC Progress Reports dated January 14, 2021 (ECF No. 690). SO ORDERED. (Signed by Judge Loretta A. Preska on 6/07/2023) (ama) Transmission to Attorney Services/Help Desk. Modified on 6/7/2023 (ama). Modified on 6/7/2023 (ama).
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Filing
724
ORDER granting 723 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/26/2023) (rro)
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Filing
706
ORDER RE: VENTILATION REPORTS: IT IS ORDERED as follows: 1. The DOC will perform all required airflow readings at all covered facilities every month pursuant to the following procedure: (As further set forth herein.) SO ORDERED. (Signed by Judge Loretta A. Preska on 11/18/2021) (va)
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Filing
700
ORDER RE: RESTORATION OF DOHMH ENVIRONMENTAL INSPECTIONS: IT IS HEREBY ORDERED: 1) Paragraph "6" of the Court's April 26, 2001 Order on Environmental Conditions is hereby restored; 2) The Court finds that finds that the above-ord ered relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/29/2021) (va)
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Filing
696
ORDER RE: SUBSTITUTION OF PARTIES AND CLARIFICATION OF APPEARANCES: IT IS HEREBY ORDERED THAT THE CLERK OF THE COURT: 1) Terminate Joseph Ponte and Cynthia Brann as defendants in this action under Rule 25 of the Federal Rules of Civil Procedure . 2) Add Vincent Schiraldi, Commissioner of the New York City Department of Correction, in his official capacity, as the sole defendant in this action, under Rules 21 and 25 of the Federal Rules of Civil Procedure. 3) Amend the docket sheet t o reflect that the plaintiffs in this action are represented by The Legal Aid Society Prisoners' Rights Project, namely, by Veronica Vela, Robert Matthew Quackenbush, and David Billingsley, and that all other attorneys currently associate d with The Legal Aid Society on the docket sheet are te1minated from this action. 4) Amend the docket sheet to reflect that the Commissioner is represented by the New Yark City Law Department, namely, by Chlarens Orsland and Brian Joseph Krist, and that all other attorneys currently associated with the New York City Law Department on the docket sheet are terminated from this action. SO ORDERED. Vincent N. Schiraldi and Vincent N. Schiraldi added. Catherine Abate terminated. Atto rney Chlarens Orsland, Brian Joseph Krist, Veronica Vela, Robert Matthew Quackenbush, David Billingsley for Juan Romero, Veronica Vela,Robert Matthew Quackenbush, David Billingsley for James Benjamin, Chlarens Orsland, Brian Joseph Krist for Vincent N. Schiraldi added. Attorney Claudia Angelos terminated. (Signed by Judge Loretta A. Preska on 9/14/2021) (va)
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Filing
691
ORDER: Counsel shall confer and inform the Court, by no later than April 16, 2021, of their views on the bench trial conducted by Judge Baer in May 2014 and on which he did not rule. So Ordered. (Signed by Judge Loretta A. Preska on 3/26/2021) (js)
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Filing
690
REVISED ORDER RE: TIME TABLE FOR SUBMISSION OF OCC PROGRESS REPORTS granting 689 Letter Motion for Extension of Time to File. It is hereby 1. ORDERED that OCC shall submit a draft of its progress report to counsel in January, May, and Septembe r within 10 business days after the previous monitoring period ends; and it is further 2. ORDERED that counsel for the parties shall provide to OCC their comments on the draft report within 15 business days of receipt of the draft report; and it is further 3. ORDERED that OCC shall incorporate the comments of the parties into its final report and submit it to the Court within 15 business days of receiving comments from the parties. IT IS SO ORDERED. (Signed by Judge Loretta A. Preska on 1/14/2021) (va)
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Filing
688
ORDER granting 687 Letter Motion for Extension of Time to File. The extension request is approved. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/18/2020) (va)
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Filing
680
ORDER RE: TEMPORARY SUSPENSION OF DOHMH ENVIRONMENTAL INSPECTIONS. IT IS HEREBY ORDERED: 1. Paragraph "6" of the April 26, 2001 Order on Environmental Conditions is suspended during the current public health crisis; 2. DOC shall continue to conduct its own mandated inspections of the City jails; 3. Defendants' counsel shall notify Plaintiffs' counsel and the Office of Compliance Consultants when the DOHMH inspections can be resumed. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/24/2020) (va)
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Filing
530
OPINION & ORDER:# 98185 For the foregoing reasons, Plaintiffs' requests for additional relief are DENIED, and Defendants' motion to terminate the Heat Order is GRANTED, subject to review one year hence following the 2010 Heat Season. As the Defendants were not specifically required under my previous orders to monitor allegedly air-conditioned dormitories at 80F or less, I am constrained to look forward with respect to this unfortunate happenstance. Accordingly, OCC will not be required to submit a report on Defendants' compliance following the 2009 Heat Season, as originally discussed at the August 31, 2009 conference. Instead, OCC shall submit a report on, or if reasonable, before November 1,2010 as to Defendants' compl iance with all aspects of the newly clarified Heat Orders during the 2010 Heat Season. Any motion to reinstate the Heat Orders based on OCC's 2010 report shall be fully briefed by December 15, 2010. The Clerk of this Court is instructed to close this motion (Docket No. 520). (Signed by Judge Harold Baer on 10/26/2009) (jpo) Modified on 10/30/2009 (eef).
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