Milburn v. Dogin et al
Case Number: 1:1979cv05077
Filed: September 25, 1979
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
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Date Filed Document Text
January 30, 2023 Opinion or Order Filing 768 ORDER: The settlement conference scheduled for January 31, 2023, at 2:00 PM shall proceed by telephone on January 31, 2023, at 10:00 AM. Dial-in: (877) 402-9753; access code: 6545179. ( Telephone Conference set for 1/31/2023 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/30/2023) (ate)
January 17, 2023 Opinion or Order Filing 767 ORDER: Defendants shall submit their redlined version of the proposed amended consent decree to Plaintiffs' counsel no later than close of business on January 24, 2023. Counsel, together with the Superintendent of Greenhaven or his designee for medical issues and a representative of DOCCS counsel's office with settlement authority shall attend a settlement conference in Courtroom 12A at 500 Pearl Street on Tuesday January 31, 2023 at 2:00 P.M., unless plaintiffs& #039; counsel informs the Court that sufficient progress has been made as to diminish the need either for the conference or for any participants therein. SO ORDERED. ( Settlement Conference set for 1/31/2023 at 02:00 PM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/17/2023) (va)
January 9, 2023 Opinion or Order Filing 765 STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Loretta A. Preska on 1/9/2023) (ate)
December 12, 2022 Opinion or Order Filing 762 ORDER: The settlement conference scheduled for December 12, 2022, is adjourned to December 13, 2022, at 11:00 AM in Courtroom 12A. SO ORDERED. ( Settlement Conference set for 12/13/2022 at 11:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 12/12/2022) (va)
November 16, 2022 Opinion or Order Filing 761 ORDER, The parties shall appear for a settlement conference on December 12, 2022, at 10:30 AM in Courtroom 12A. SO ORDERED. ( Settlement Conference set for 12/12/2022 at 10:30 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 11/15/22) (yv)
October 6, 2022 Opinion or Order Filing 759 ORDER: The settlement conference scheduled for November 10, 2022 at 10:00 a.m. is adjourned to November 10, 2022, at 11:00 a.m. in Courtroom 12A. SO ORDERED., ( Settlement Conference set for 11/10/2022 at 11:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 10/06/2022) (ama)
March 8, 2022 Opinion or Order Filing 740 ORDER: The evidentiary hearing in this matter will revert back to begin on April 25, 2022, at 10:00 a.m. in Courtroom 12A and continue through April 29, 2022. SO ORDERED. ( Evidentiary Hearing set for 4/25/2022 at 10:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 3/8/2022) (va)
March 7, 2022 Opinion or Order Filing 737 ORDER, The evidentiary hearing in this matter currently scheduled for April 25, 2022, will now begin on April 4, 2022 at 10:00 a.m. in Courtroom 12A and continue through April 8, 2022. SO ORDERED. (Evidentiary Hearing set for 4/4/2022 at 10:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 3/7/2022) (kv)
February 17, 2022 Opinion or Order Filing 735 ORDER, The evidentiary hearing in this matter will begin on April 25, 2022 at 10:00 a.m. in Courtroom 12A and continue through April 29, 2022. The Court reiterates its willingness to hold a settlement conference to resolve Phase I of the litigation. SO ORDERED. (Evidentiary Hearing set for 4/25/2022 at 10:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 2/17/2022) (kv)
January 31, 2022 Opinion or Order Filing 732 ORDER: In advance of the conference scheduled for Wednesday, February 2, 2022 at 10:30 a.m., the Court informs the parties that it would like their views as to the logistics for the hearing regarding Defendants' renewed motion to terminate th e Modified Final Consent Judgment (the "Consent Decree") (dkt. nos. 431, 432-1-6, 731) and Plaintiffs' cross motion to modify the Consent Decree (dkt. no. 715). The Court would also like the parties' views on how to address related cases, such as 21-cv-11108, Peter Anekwe v. Frederick Bernstein, et al. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/31/2022) (kv)
January 27, 2022 Opinion or Order Filing 721 ORDER: The conference currently scheduled for Wednesday, February 2, 2022 at 9:00 a.m. is adjourned to Wednesday, February 2, 2022 at 10:30 a.m. The conference will now occur as a teleconference. The dial-in is (877) 402-9753, access code: 6545179. SO ORDERED. ( Status Conference set for 2/2/2022 at 10:30 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/26/2022) (va)
November 18, 2021 Opinion or Order Filing 705 ORDER granting 704 Letter Motion for Discovery. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/17/2021) (va)
November 16, 2021 Opinion or Order Filing 703 ORDER FOR THE DEPOSITION OF INCARCERATED INDIVIDUAL: IT IS HEREBY ORDERED that an Assistant Attorney General may take the deposition of incarcerated individual Robert Shedrick, 80-B-0731, before a notary public, or some other officer authorize d to administer oaths by the laws of the United States or of the State of New York, at any New York State Correctional Facility, upon notice to the incarcerated individual, Plaintiffs' counsel, and the Superintendent of the correctional facility where he is located. (Signed by Judge Loretta A. Preska on 11/16/2021) (va)
November 10, 2021 Opinion or Order Filing 700 ORDER FOR THE DEPOSITION OF INCARCERATED INDIVIDUAL granting 699 Letter Motion for Discovery. IT IS HEREBY ORDERED that an Assistant General may take the deposition of incarcerated individual Eugene Mazzio, 11-A-0623, before a notary public, or some other officer authorized to administer oaths by the laws of the United States or of the State of New York, at any New York State Correctional Facility, upon notice to the incarcerated individual, Plaintiffs' counsel, and the Superintendent of the correctional facility where he is located. (Signed by Judge Loretta A. Preska on 11/10/2021) (ate)
November 8, 2021 Opinion or Order Filing 698 ORDER FOR THE DEPOSITION OF INCARCERATED INDIVIDUAL: IT IS HEREBY ORDERED that an Assistant Attorney General may take the deposition of incarcerated individual Daniel Miller, 15-A-3706, before a notary public, or some other officer authorized to administer oaths by the laws of the United States or of the State of New York, at any New York State Correctional Facility, upon notice to the incarcerated individual, Plaintiffs' counsel, and the Superintendent of the correctional facility where he is located. (Signed by Judge Loretta A. Preska on 11/8/2021) (va)
October 27, 2021 Opinion or Order Filing 684 ORDER granting 683 Letter Motion for Discovery. SO ORDERED.. (Signed by Judge Loretta A. Preska on 10/27/2021) (kv)
October 18, 2021 Opinion or Order Filing 681 ORDER granting 679 Letter Motion for Discovery. The modified schedule proposed below is approved. The parties shall appear for a conference on Wednesday, January 12, 2022 at 10:00 a.m. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/18/2021) (va)
October 12, 2021 Opinion or Order Filing 677 ORDER with respect to 675 Letter Motion for Discovery. Defendants shall respond to Class Counsel's letter of October 11, 2021 (dkt. no. 675) no later than October 15, 2021. Class Counsel may reply no later than October 20, 2021. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/12/2021) (va)
September 7, 2021 Opinion or Order Filing 667 ORDER with respect to 665 Letter Motion for Discovery. Defendants shall file any opposition to this request no later than September 10, 2021. Class counsel may reply no later than September 14, 2021. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/7/2021) (tg)
September 2, 2021 Opinion or Order Filing 662 ORDER: The Superintendent (or his or her designee) shall respond to the allegations in Mr. Miller's letter of August 21, 2021 (dkt. no. 661) regarding staff retaliation against inmates. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/02/2021) (ama)
August 23, 2021 Opinion or Order Filing 657 ORDER: Pursuant to a clarification from the parties, the deadline for completing fact discovery concerning the former UPD shall be October 29, 2021. SO ORDERED. ( Fact Discovery due by 10/29/2021.) (Signed by Judge Loretta A. Preska on 8/23/2021) (va)
August 19, 2021 Opinion or Order Filing 650 ORDER re: 579 Letter. The Court is in receipt of inmate Daniel Miller's letters dated July 29, 2021, and August 10, 2021. (See dkt. nos. 648 & 649.) Defense counsel shall respond to Mr. Miller's letters no later than August 27, 2021. The Clerk of the Court shall (1) update the docket to reflect that Mr. Miller has withdrawn his motion for a preliminary injunction pending at docket number 579, and (2) mail a copy of this order to Mr. Miller. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/19/2021) (va) Transmission to Docket Assistant Clerk for processing.
August 12, 2021 Opinion or Order Filing 647 ORDER: The Court is in receipt of inmate Daniel Miller's letters dated August 6, 2021 and August 9, 2021. (See dkt. nos. 643 & 644 .) Defense counsel shall respond to Mr. Miller's letters no later than August 20, 2021. The Clerk of the Court shall mail a copy of this order to Mr. Miller. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/12/2021) (va) Transmission to Docket Assistant Clerk for processing.
August 2, 2021 Opinion or Order Filing 638 ORDER re: 625 Letter filed by Louis Milburn. Before the Court is Class Counsel's motion to substitute representative plaintiffs in this matter. (See dkt. no. 625.) Defendants indicate that they are "willing to conditionally consent to the substitution at this time if the Court allows Defendants to reserve any objections they may have concerning the adequacy of the new class representatives upon receipt and review of the relevant records." (Dkt. no. 635 at 1.) Class counsel has no objection to that proposal. (See dkt. no. 637.) Accordingly, the motion to substitute the proposed class representatives [dkt. no. 625] is GRANTED, subject to Defendants' right to reserve objections to the representatives. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/2/2021) (va)
July 29, 2021 Opinion or Order Filing 634 ORDER granting 633 Letter Motion for Extension of Time to File. The extension requested above is GRANTED. SO ORDERED. (Signed by Judge Loretta A. Preska on 7/29/2021) (ate)
July 28, 2021 Opinion or Order Filing 631 ORDER: Counsel shall confer and inform the Court by letter no later than July 29, 2021, of the proposed schedule for briefing and discovery on the Defendants' motion to terminate. That motion shall be filed no later than August 6, 2021. Also no later than July 29, 2021, Defendants shall inform the Court if they oppose substitution of the Class Representatives proposed in Ms. Agnew's letter of July 20, 2021. (See Dkt. no. 625.) If they do, opposition shall be filed no later than Aug ust 6, 2021. Class Counsel shall inform the Court when their reply, if any, shall be filed. Defendants shall inform the Court by letter no later than August 6 of the status of the conditions set out in Ms. Agnew's letter of July 20, 2021. (See D kt no. 626.) The Clerk of the Court shall mail a copy of this order to Mr. Miller. SO ORDERED. ( Motions due by 8/6/2021, Responses due by 8/6/2021) (Signed by Judge Loretta A. Preska on 7/28/2021) (ate) Transmission to Docket Assistant Clerk for processing.
July 16, 2021 Opinion or Order Filing 624 ORDER: PLEASE TAKE NOTICE that pursuant to Your Honor's June 30, 2021 Order (Dkt. # 598), I, Caroline Sandra Hsu, an attorney at The Legal Aid Society, hereby withdraws as an attorney of record for the plaintiff class in the above-entitl ed action. Attorneys from the Law Office of Amy Jane Agnew, PC., and Wachtell, Lipton, Rosen & Katz, are now counsel of record for said plaintiffs in the above-referenced matter. Therefore, I hereby request that the Court remove my appearance from the docket. IT IS SO ORDERED. Attorney Caroline Sandra Hsu terminated. (Signed by Judge Loretta A. Preska on 7/16/2021) (va)
June 30, 2021 Opinion or Order Filing 598 ORDER: On June 15, 2021, the Legal Aid Society, Dechert LLP, and Hoffner PLLC filed a letter for pre-motion conference seeking (1) to withdraw as class counsel and (2) to substitute Wachtell, Lipton, Rosen & Katz LLP and the Law Office of Amy Jane Agnew, P.C. as new class counsel. (See dkt. no. 581.) Construing that letter as counsel's motion, the motion [dkt. no. 581] is GRANTED. New class counsel shall promptly file a notice of appearance. Mr. Miller's pre-motion conference letter seeking to move for the removal of the Legal Aid Society and Dechert LLP as class counsel [dkt. no. 579] is construed as his motion and is DENIED as moot. Defendants' motion to terminate the consent decree [dkt. no. 431] is DENIED without preju dice to renewal by letter. By consent of the parties, the stay of the consent decree under 18 U.S.C. § 3636(e) (2) remains in effect pending further order of the Court. Decision on Mr. Miller's motion to intervene [dkt. no. 589] and his mo tion for a preliminary injunction [dkt. no. 579] is RESERVED pending a status update from newly substituted class counsel. Counsel shall provide that update to the Court by letter no later than July 16, 2021. Defense counsel shall report back to the Court by letter regarding the status of certain facilities at Green Haven no later than July 2, 2021. The Clerk of the Court shall mail a copy of this order to Mr. Daniel Miller and Mr. Demetria Lifrieri. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/30/2021) (va) Transmission to Docket Assistant Clerk for processing.
June 23, 2021 Opinion or Order Filing 593 ORDER with respect to 589 Motion to Intervene. The Court is in receipt of Mr. Miller's motion to intervene, (see dkt. no. 589), and Mr. Miller's letter commenting on the motion, (see dkt. no. 590). Counsel shall be prepared to discuss those letters at the conference scheduled for June 30, 2021 at 11:00 a.m. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/23/2021) (va)
June 14, 2021 Opinion or Order Filing 580 ORDER: Class counsel and Defendants shall respond by letter to Mr. Miller's letter [dkt no. 579] regarding his proposed motions no later than June 21, 2021. The Clerk of the Court shall mail a copy of this order to Mr. Miller. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/14/2021) (rj) Transmission to Docket Assistant Clerk for processing.
May 26, 2021 Opinion or Order Filing 578 ORDER re: 573 Memo Endorsement. The Court is in receipt of Mr. Miller's letter dated May 20, 2021 regarding his moving papers dated May 4, 2021. (See dkt. no. 577.) Mr. Miller asserts that the Court failed to acknowledge his motion. (See id.) He is mistaken. On May 19, 2021, the Court directed class counsel to respond to Mr. Miller's filings. (See dkt. no. 573.) The Clerk of the Court shall mail a copy of that order, (dkt. no. 573), as well as a copy of this order to Mr. Miller at the address included in his filing at docket number 577. SO ORDERED. (Signed by Judge Loretta A. Preska on 5/26/2021) (kv) Transmission to Docket Assistant Clerk for processing.
February 3, 2021 Opinion or Order Filing 557 ORDER re: 556 Letter. The Court is in receipt of Mr. Lifrieri's letter dated December 30, 2020. (See dkt. no. 556.) Plaintiffs' counsel shall respond to Mr. Lifrieri's letter no later than February 12, 2021. The Clerk of the Court shall mail a copy of this order to Mr. Lifrieri. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/3/2021) (va) Transmission to Docket Assistant Clerk for processing.
July 31, 2020 Opinion or Order Filing 546 ORDER: The Court is in receipt of Mr. Lifrieri's letter dated July 20 (dkt. no. 545) inquiring about the status of the matter. Counsel are interviewing possible class representatives and will report to the Court by letter no later than August 31. At that time, the Court will have a better idea of the next steps. SO ORDERED. (Signed by Judge Loretta A. Preska on 7/31/2020) (va)
June 1, 2020 Opinion or Order Filing 538 ORDER re: 537 Letter. Counsel and potential counsel who wish to respond to Mr. Lifrieri's letter dated May 8 (dkt. no. 537) shall do so no later than June 9. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/1/2020) (va)
April 24, 2020 Opinion or Order Filing 536 ORDER: The Court has reviewed counsel's recent letter. Interested counsel, including Ms. Lewis and Ms. Agnew, shall confer and propose a schedule for selecting class representatives, class counsel, etc. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/24/2020) (va)
April 20, 2020 Opinion or Order Filing 531 ORDER re: 530 Letter filed by Kenneth Meyers. To the extent Plantiff's counsel or Prisoners Legal Services wishes to respond to Ms. Agnew's letter dated April 19, 2020, they may do so no later than April 23, 2020. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/20/2020) (va)
April 15, 2020 Opinion or Order Filing 526 ORDER re: 525 Letter. The Court has received the letter dated March 31, 2020 from Prisoners' Legal Services of New York ("PLS") explaining the need for a law firm to partner with PLS and Amy Jane Agnew, Esq., to represent plain tiffs here. (See dkt. no. 525.) Counsel shall continue working to locate such a law firm, perhaps by soliciting thoughts from the Legal Aid Society Prisoners' Rights Project, and report to the Court by letter no later than May 15, 2020. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/15/2020) (va)
April 2, 2020 Opinion or Order Filing 521 ORDER: Accordingly, on the facts in the parties' letters, any motion to appoint an expert would be futile, so the request to file such a motion is DENIED. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/2/2020) (va)
March 10, 2020 Opinion or Order Filing 511 ORDER re: 510 Letter. Counsel shall confer and inform the Court by letter no later than March 17, 2020 about their progress in drafting a notice to class members and in seeking additional/substitute counsel for the class. In addition, counsel for defendants shall respond by letter to Mr. Lifrieri's letter dated February 26, 2020 [dkt. no. 510]. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/10/2020) (va)
February 24, 2020 Opinion or Order Filing 509 ORDER granting 507 Motion to Stay. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/24/2020) (va)
January 14, 2020 Opinion or Order Filing 503 ORDER: It is hereby ORDERED that counsel are directed to appear in courtroom 12A, or such other courtroom as may be designated, United States Courthouse, 500 Pearl Street, New York, New York 10007 on February 5, 2020 at 11:00 a.m. for a conference in the above action. (Status Conference set for 2/5/2020 at 11:00 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/14/2020) (jwh)
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