Sughrim et al v. State of New York et al
Plaintiff: David Feliciano, Brian Sughrim, Roland Sofo, Derek Gleixner and Khaldoun Alshamiri
Defendant: Alan Washer, John A. Shipley, New York State Department of Corrections and Community Supervision, State of New York, Anthony J. Annucci, Na-Kia Walton, Stephen Urbanski, James Johnson, Leory Fields, Leroy Fields, William Lee, Michael Bertone and Thomas Napoli
Interested Party: New York Attorney General's Office
Amicus Curiae: New York State Correctional Officers and Police Benevolent Association, Inc.,
Case Number: 1:2019cv07977
Filed: August 26, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Stewart D Aaron
Referring Judge: Ronnie Abrams
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2023 Opinion or Order Filing 324 OPINION & ORDER re: #254 MOTION to Certify Class . filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano, #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction . filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano. For the foregoing reasons, Plaintiffs' motion for partial summary judgment is granted in part and denied in part. Specifically, Plaintiffs' motion for summary judgment on their Religious Requirements Claim is granted, as is their motion on Gleixner, Alshamiri and Sofo's individual Title VII claims. Their summary judgment motion on Feliciano's claims is denied. Plaintiffs' motion for class certification pursuant to Rule 23(b)(2) is granted. Injunctive relief is ordered as described in this Opinion. Specifically, Defendants are: Enjoined from enforcing their practice of denying religious accommodations based on their own understanding of the tenets of the applicant's faith, and shall amend their grooming policies to memorialize the end of that practice; Ordered not to revoke or modify the existing accommodations for Gleixner and Alshamiri insofar as they are not assigned to clean shaven posts; and Ordered to grant a religious accommodation to Sofo permitting him to wear a beard up to one inch long insofar as he is not assigned to a clean shaven post, and are further ordered not to revoke or modify the accommodation insofar as he is assigned to a clean shaven post. No later than October 6, 2023, Defendants shall advise the Court how they intend to comply with this Opinion and Order. Insofar as Plaintiffs wish to respond, they shall do so no later than October 13, 2023. The Clerk of Court is respectfully directed to lift the stay in this matter and terminate Dkts. 254 and 255. Case Stay Lifted. (Signed by Judge Ronnie Abrams on 9/5/2023) (ate)
July 24, 2023 Opinion or Order Filing 323 LETTER addressed to Judge Ronnie Abrams from Kenneth S. Steely dated July 24, 2023 re: Letter in Response to Plaintiffs' Letter dated July 13, 2023. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Steely, Kenneth)
July 13, 2023 Opinion or Order Filing 322 LETTER addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated July 13, 2023 re: Groff v. DeJoy, No. 22174 (U.S. June 29, 2023). Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
May 19, 2023 Opinion or Order Filing 321 BRIEF re: #314 Brief, The State's Response to Plaintiff's Brief Concerning the Injunctive Relief Sought for the Class and Certain Named Plaintiffs. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
May 12, 2023 Opinion or Order Filing 320 ORDER Accordingly, Defendants shall file their response, if any, by no later than May 19, 2023. Any submission filed after that date will not be considered absent good cause. (And as further set forth herein.) SO ORDERED. (Responses to Brief due by 5/19/2023) (Signed by Judge Ronnie Abrams on 5/12/2023) (jca)
May 9, 2023 Opinion or Order Filing 319 NOTICE OF CHANGE OF ADDRESS by Kenneth Steely on behalf of Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. New Address: Butler Snow LLP, 200 West Side Square, Suite 100, Huntsville, Alabama, United States 35801, 2569365650..(Steely, Kenneth)
May 9, 2023 Opinion or Order Filing 318 NOTICE OF CHANGE OF ADDRESS by Matthew Reeves on behalf of Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. New Address: Butler Snow LLP, 200 West Side Square, Suite 100, Huntsville, Alabama, United States 35801, 2569365650..(Reeves, Matthew)
May 9, 2023 Opinion or Order Filing 317 NOTICE OF CHANGE OF ADDRESS by William Lunsford on behalf of Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. New Address: Butler Snow LLP, 200 West Side Square, Suite 100, Huntsville, Alabama, United States 35801, 2569365650..(Lunsford, William)
May 2, 2023 Opinion or Order Filing 316 MEMO ENDORSEMENT granting #315 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. SO ORDERED. Attorney John Michael Hintz terminated. (Signed by Judge Ronnie Abrams on 5/2/2023) (rro)
May 1, 2023 Opinion or Order Filing 315 MOTION for John M. Hintz to Withdraw as Attorney for Defendants. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Affidavit / Declaration of John M. Hintz).(Hintz, John)
April 21, 2023 Opinion or Order Filing 314 BRIEF re: #311 Order, clarifying injunctive relief. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 - Proposed Order).(Moskovitz, Joshua)
April 10, 2023 Opinion or Order Set/Reset Deadlines: Responses to Brief due by 4/21/2023 (ate)
April 10, 2023 Opinion or Order Filing 313 ORDER granting #312 Letter Motion for Extension of Time to File Response/Reply re #312 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #311 Order, addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated April 7, 2023. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/10/2023) (ate)
April 7, 2023 Opinion or Order Filing 312 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #311 Order, addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated April 7, 2023. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
March 31, 2023 Opinion or Order Filing 311 ORDER: Accordingly, no later than April 14, 2023, Plaintiffs shall provide the Court more clarity on what injunctive relief they are seeking. Defendants shall file a response, if any, by April 21, 2023. This matter shall be stayed pending receipt of those submissions. (Signed by Judge Ronnie Abrams on 3/31/2023) (ate)
March 31, 2023 Opinion or Order Case Stayed (arc)
March 28, 2023 Opinion or Order Filing 310 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/13/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
March 28, 2023 Opinion or Order Filing 309 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/13/2023 before Judge Ronnie Abrams. Court Reporter/Transcriber: Sara Beiter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/18/2023. Redacted Transcript Deadline set for 4/28/2023. Release of Transcript Restriction set for 6/26/2023..(McGuirk, Kelly)
March 17, 2023 Opinion or Order Filing 308 LETTER addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated March 17, 2023 re: two issues raised during oral argument on March 13, 2023. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
March 13, 2023 Opinion or Order Minute Entry for proceedings held before Judge Ronnie Abrams: Oral Argument held on 3/13/2023 re: (254 in 1:19-cv-07977-RA-SDA) MOTION to Certify Class . filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano, (255 in 1:19-cv-07977-RA-SDA, 255 in 1:19-cv-07977-RA-SDA, 255 in 1:19-cv-07977-RA-SDA, 255 in 1:19-cv-07977-RA-SDA) MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction . filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano, (52 in 1:22-cv-01452-RA-SDA) MOTION to Dismiss Notice of Motion to Dismiss the First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(B)(1) and 12(B)(6). filed by Kim Ghatt, Anthony J. Annucci, New York State Department of Corrections and Community Supervision, State of New York. (Court Reporter Sara Beiter) (arc)
March 11, 2023 Opinion or Order Filing 307 LETTER addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated March 11, 2023 re: retirement of Brian Sughrim from DOCCS. Document filed by Brian Sughrim..(Moskovitz, Joshua)
March 6, 2023 Opinion or Order Filing 306 ORDER: Oral argument on Plaintiffs' motions for partial summary judgment and class certification shall be held on March 13, 2023 at 1:00 p.m. in Courtroom 1506 of the Thurgood Marshall Courthouse at 40 Foley Square. Given the overlap between the issues in this action and in Talukder v. State of New York, No. 22-cv-1452, the Court has scheduled oral argument in both matters for the same time. ( Oral Argument set for 3/13/2023 at 01:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 3/6/2023) (ate)
November 28, 2022 Opinion or Order Filing 305 RESPONSE re: #304 Objection to Report and Recommendations, . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
November 21, 2022 Opinion or Order Filing 304 OBJECTION to #300 Report and Recommendations Regarding Plaintiffs' Motion for Class Certification Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
November 11, 2022 Opinion or Order Filing 302 LETTER addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated November 11, 2022 re: Magistrate Judge Stewart D. Aaron's Report and Recommendation. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
November 10, 2022 Opinion or Order Filing 303 ORDER: granting #301 Letter Motion for Extension of Time. Application Granted. SO ORDERED. Objections to R&R due by 11/21/2022. (Signed by Judge Ronnie Abrams on 11/10/2022) (ama)
November 9, 2022 Opinion or Order Filing 301 LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Kenneth S. Steely dated November 9, 2022. Document filed by Anthony J. Annucci, Michael Bertone, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Steely, Kenneth)
October 29, 2022 Opinion or Order Filing 300 REPORT AND RECOMMENDATION re: #254 MOTION to Certify Class filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano: For the [reasons stated], I respectfully recommend that Plaintiffs' motion for class certification be GRANTED IN PART and DENIED IN PART. Specifically, I recommend that Plaintiffs' motion for certification of the proposed Class be GRANTED and that their motion for certification of the proposed Subclass be DENIED. Objections to R&R due by 11/14/2022 (Signed by Magistrate Judge Stewart D. Aaron on 10/29/2022) (Aaron, Stewart)
October 25, 2022 Opinion or Order Filing 299 LETTER addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated October 25, 2022 re: courtesy copies of motion papers. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
October 21, 2022 Opinion or Order Filing 298 REPLY MEMORANDUM OF LAW in Support re: #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction . . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
October 21, 2022 Opinion or Order Filing 297 REPLY MEMORANDUM OF LAW in Support re: #254 MOTION to Certify Class . . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
October 21, 2022 Opinion or Order Filing 296 DECLARATION of Joshua S. Moskovitz in Support re: #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction ., #254 MOTION to Certify Class .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Exhibit 135, #2 Exhibit 136).(Moskovitz, Joshua)
October 21, 2022 Opinion or Order Filing 295 DECLARATION of Roland Sofo, II in Support re: #254 MOTION to Certify Class ., #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
October 20, 2022 Opinion or Order Filing 294 NOTICE OF APPEARANCE by Calla Ketchens on behalf of Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Ketchens, Calla)
October 18, 2022 Opinion or Order Filing 293 NOTICE OF CHANGE OF ADDRESS by Joshua Samuel Moskovitz on behalf of Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. New Address: Hamilton Clarke, LLP, 48 Wall Street, Suite 1100, New York, NY, United States 10005, (212) 729-0952..(Moskovitz, Joshua)
October 7, 2022 Opinion or Order Filing 292 AMENDED RESPONSE The State's Revised Response to Plaintiffs' Local Civil Rule 56.1 Statement. Document filed by Michael Bertone, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision..(Steely, Kenneth)
October 6, 2022 Opinion or Order Filing 291 ORDER: granting #290 Letter Motion for Extension of Time to File Response/Reply re #290 LETTER MOTION for Extension of Time to File Response/Reply. addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated October 3, 2022. Application Granted. SO ORDERED. Replies due by 10/21/2022. (Signed by Judge Ronnie Abrams on 10/06/2022) (ama)
October 3, 2022 Opinion or Order Filing 290 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated October 3, 2022. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
September 28, 2022 Opinion or Order Filing 289 DECLARATION of Joshua S. Moskovitz in Support re: #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction ., #254 MOTION to Certify Class .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117, #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129, #130 Exhibit 130, #131 Exhibit 131, #132 Exhibit 132, #133 Exhibit 133, #134 Exhibit 134).(Moskovitz, Joshua)
September 26, 2022 Opinion or Order Filing 288 DECLARATION of Sherry A. McGuinness in Opposition re: #254 MOTION to Certify Class ., #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction .. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
September 26, 2022 Opinion or Order Filing 287 DECLARATION of Tonia Wheeler in Opposition re: #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction ., #254 MOTION to Certify Class .. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Exhibit A - Directive No. 2609, Reasonable Accommodation of Religious Observance or Practices for Employees and Applicants).(Lunsford, William)
September 26, 2022 Opinion or Order Filing 286 DECLARATION of William D. Bechtold in Opposition re: #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction ., #254 MOTION to Certify Class .. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Exhibit A - William Bechtold's CV).(Lunsford, William)
September 26, 2022 Opinion or Order Filing 285 DECLARATION of Kenneth Steely in Opposition re: #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction ., #254 MOTION to Certify Class .. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Exhibit 1 - July 8, 2019 Memorandum from DSS Urbanski to Julie Dennis (STATE002694-695), #2 Exhibit 2 - June 18, 2019 Memorandum from DSS M. Bertone to Julie Dennis (STATE002701-702), #3 Exhibit 3 - August 14-15, 2019 Email Exchange Between Nakia Walton and Obsourne McKay (STATE002920-921), #4 Exhibit 4 - Excerpt of the March 24, 2022 Deposition of Osbourne McKay, #5 Exhibit 5 - Excerpts of the December 7, 2020 Deposition of Nakia Walton, #6 Exhibit 6 - Excerpts of the May 18, 2022 Deposition of Anthony Annucci, #7 Exhibit 7 - Excerpts of the December 8, 2022 Deposition of Roland Sofo, #8 Exhibit 8 - Excerpts of the May 24, 2022 Deposition of Daniel Martuscello, #9 Exhibit 9 - Excerpts of the April 13, 2022 Deposition of Brian Sughrim, #10 Exhibit 10 - Excerpts of the May 5, 2022 Deposition of Khaldoun Alshamiri).(Lunsford, William)
September 26, 2022 Opinion or Order Filing 284 RESPONSE re: #265 Rule 56.1 Statement The State's Response to Plaintiffs' Local Civil Rule 56.1 Statement. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
September 26, 2022 Opinion or Order Filing 283 RESPONSE in Opposition to Motion re: #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction . The State's Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment, Declaratory Judgment, Permanent Injunction, and Preliminary Injunction. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
September 26, 2022 Opinion or Order Filing 282 RESPONSE in Opposition to Motion re: #254 MOTION to Certify Class . The State's Response in Opposition to Plaintiffs' Motion for Certification of Class. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
September 13, 2022 Opinion or Order Filing 281 ORDER granting #280 Letter Motion for Extension of Time to File Response/Reply re #280 LETTER MOTION for Extension of Time to File Response/Reply as to #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction . Application GRANTED. SO ORDERED. Responses due by 9/26/2022 Replies due by 10/10/2022. (Signed by Magistrate Judge Stewart D. Aaron on 9/13/2022) (rro)
September 9, 2022 Opinion or Order Filing 280 LETTER MOTION for Extension of Time to File Response/Reply as to #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction ., #266 Memorandum of Law in Support of Motion, #254 MOTION to Certify Class ., #267 Memorandum of Law in Support of Motion, addressed to Magistrate Judge Stewart D. Aaron from Kenneth S. Steely dated September 9, 2022. Document filed by Anthony J. Annucci, Michael Bertone, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Steely, Kenneth)
September 1, 2022 Opinion or Order Filing 279 ANSWER to #278 Amended Complaint,. Document filed by Anthony J. Annucci, Michael Bertone, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
August 18, 2022 Opinion or Order Filing 278 FOURTH AMENDED COMPLAINT amending #199 Amended Complaint,, against Anthony J. Annucci, Michael Bertone, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer with JURY DEMAND.Document filed by David Feliciano, Khaldoun Alshamiri, Brian Sughrim, Derek Gleixner, Roland Sofo. Related document: #199 Amended Complaint,,..(Moskovitz, Joshua)
August 17, 2022 Opinion or Order Filing 277 AMENDED ORDER OF REFERENCE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) - Particular Motion: Motion for Class Certification. Referred to Magistrate Judge Stewart D. Aaron. Motions referred to Stewart D. Aaron. (Signed by Judge Ronnie Abrams on 8/17/2022) (kv)
August 17, 2022 Opinion or Order Filing 276 ORDER granting #249 Motion re: #249 MOTION relieving Plaintiffs, pursuant to Fed. R. Civ. P. 60(b), from the part of the Court's Nov. 30, 2020 Order (Dkt. 202) dismissing Plaintiffs Khaldoun Alshamiri and Roland Sofo's Title VII claims, and reinstating those claims re: [202 MOTION for Leave to File a Fourth Amended Complaint pursuant to Fed. R. Civ. P. 15(a)(2) . ; granting #249 Motion for Leave to File Document. For the foregoing reasons, Plaintiffs' motion to amend is granted. Plaintiffs shall file their Fourth Amended Complaint on the docket by August 18, 2022. As provided in the Court's order of August 12, 2022, Defendants shall file their oppositions to the pending class certification motion and summary judgment/injunctive and declaratory relief motion by September 16, 2022. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 249. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/17/2022) (tg) Modified on 8/17/2022 (tg).
August 17, 2022 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 8/18/2022. Responses due by 9/16/2022 (tg)
August 12, 2022 Opinion or Order Filing 275 ORDER granting #272 Letter Motion for Extension of Time to File Response/Reply re #272 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunctio. The State's responses to Plaintiffs' Class-Certification and Summary-Judgment Motions shall be due 30 days after the Court issues a ruling on Plaintiffs' Motion to Amend. Any replies by Plaintiffs be due 14 days after the State files its responses. SO ORDERED.. (Signed by Judge Ronnie Abrams on 8/12/2022) (ks)
August 8, 2022 Opinion or Order Filing 274 LETTER RESPONSE to Motion addressed to Magistrate Judge Stewart D. Aaron from Joshua S. Moskovitz dated August 8, 2022 re: #272 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunctio . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
August 5, 2022 Opinion or Order Filing 273 ORDER granting [54 in case 22-cv-1452] Letter Motion for Extension of Time to File Response/Reply re 54 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 52 MOTION to Dismiss Notice of Motion to Dismiss the First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(B)(1) and 12(B)(6). addressed to Judge Ron, 52 MOTION to Dismiss Notice of Motion to Dismiss the First Amended Complaint Pursuant to Fed. R. Civ. Proc. 12(B)(1) and 12(B)(6). Application granted. SO ORDERED. ( Responses due by 9/9/2022, Replies due by 9/30/2022.) (Signed by Judge Ronnie Abrams on 8/5/2022) (tg)
August 5, 2022 Opinion or Order Filing 272 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction ., #254 MOTION to Certify Class . addressed to Magistrate Judge Stewart D. Aaron from William R. Lunsford dated August 5, 2022. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order).(Lunsford, William)
August 5, 2022 Opinion or Order Filing 271 REPLY MEMORANDUM OF LAW in Support re: #249 MOTION relieving Plaintiffs, pursuant to Fed. R. Civ. P. 60(b), from the part of the Court's Nov. 30, 2020 Order (Dkt. 202) dismissing Plaintiffs Khaldoun Alshamiri and Roland Sofo's Title VII claims, and reinstating those claims re: [202 MOTION for Leave to File a Fourth Amended Complaint pursuant to Fed. R. Civ. P. 15(a)(2) . . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
August 2, 2022 Opinion or Order Filing 270 RESPONSE in Opposition to Motion re: #249 MOTION relieving Plaintiffs, pursuant to Fed. R. Civ. P. 60(b), from the part of the Court's Nov. 30, 2020 Order (Dkt. 202) dismissing Plaintiffs Khaldoun Alshamiri and Roland Sofo's Title VII claims, and reinstating those claims re: [202 MOTION for Leave to File a Fourth Amended Complaint pursuant to Fed. R. Civ. P. 15(a)(2) . The State's Response in Opposition to Plaintiffs' Motion to Reinstate Khaldoun Alshamiri and Roland Sofo's Title VII Claims Pursuant to Fed. R. Civ. P. 60(b), or For Leave Pursuant to Fed. R. Civ. P. 15(a) to File a Fourth Amended Complaint. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Reeves, Matthew)
July 23, 2022 Opinion or Order Filing 269 ORDER granting #268 Letter Motion for Extension of Time to File Response: Defendants' letter motion for an extension of time from July 26, 2022, to August 2, 2022, to respond to Plaintiffs' Motion to Reinstate Khaldoun Alshamiri and Roland Sofo's Title VII Claims Pursuant to Fed. R. Civ. P. 60(b), or for Leave Pursuant to Fed. R. Civ. P. 15(a) to File a Fourth Amended Complaint, is GRANTED. Responses due by 8/2/2022 (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron)(Text Only Order) (Aaron, Stewart)
July 22, 2022 Opinion or Order Filing 268 LETTER MOTION for Extension of Time to File Response/Reply as to #249 MOTION relieving Plaintiffs, pursuant to Fed. R. Civ. P. 60(b), from the part of the Court's Nov. 30, 2020 Order (Dkt. 202) dismissing Plaintiffs Khaldoun Alshamiri and Roland Sofo's Title VII claims, and reinstating those claims re: [202 MOTION for Leave to File a Fourth Amended Complaint pursuant to Fed. R. Civ. P. 15(a)(2) ., #251 Memorandum of Law in Support of Motion,, #250 Declaration in Support of Motion,, addressed to Magistrate Judge Stewart D. Aaron from William R. Lunsford dated July 22, 2022. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
July 15, 2022 Opinion or Order Filing 267 MEMORANDUM OF LAW in Support re: #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction . . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 15, 2022 Opinion or Order Filing 266 MEMORANDUM OF LAW in Support re: #254 MOTION to Certify Class . . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 15, 2022 Opinion or Order Filing 265 RULE 56.1 STATEMENT. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 15, 2022 Opinion or Order Filing 264 AFFIRMATION of Joshua S. Moskovitz in Support re: #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction ., #254 MOTION to Certify Class .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117, #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129, #130 Exhibit 130, #131 Exhibit 131, #132 Exhibit 132, #133 Exhibit 133, #134 Exhibit 134).(Moskovitz, Joshua)
July 15, 2022 Opinion or Order Filing 263 DECLARATION of Jonathan C. Moore in Support re: #254 MOTION to Certify Class .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 15, 2022 Opinion or Order Filing 262 DECLARATION of Luna Droubi in Support re: #254 MOTION to Certify Class .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 15, 2022 Opinion or Order Filing 261 DECLARATION of Ronald E. Cook in Support re: #254 MOTION to Certify Class .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 15, 2022 Opinion or Order Filing 260 DECLARATION of David Feliciano in Support re: #254 MOTION to Certify Class ., #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 15, 2022 Opinion or Order Filing 259 DECLARATION of Brian Sughrim in Support re: #254 MOTION to Certify Class ., #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 15, 2022 Opinion or Order Filing 258 DECLARATION of Roland Sofo in Support re: #254 MOTION to Certify Class ., #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 15, 2022 Opinion or Order Filing 257 DECLARATION of Khaldoun Alshamiri in Support re: #254 MOTION to Certify Class ., #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 15, 2022 Opinion or Order Filing 256 DECLARATION of Derek Gleixner in Support re: #254 MOTION to Certify Class ., #255 MOTION for Partial Summary Judgment . MOTION for Declaratory Judgment . MOTION for Permanent Injunction . MOTION for Preliminary Injunction .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 15, 2022 Opinion or Order Filing 255 MOTION for Partial Summary Judgment .( Responses due by 8/26/2022), MOTION for Declaratory Judgment .( Responses due by 8/26/2022), MOTION for Permanent Injunction .( Responses due by 8/26/2022), MOTION for Preliminary Injunction . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 15, 2022 Opinion or Order Filing 254 MOTION to Certify Class . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. Responses due by 8/26/2022.(Moskovitz, Joshua)
July 14, 2022 Opinion or Order Filing 253 ENDORSED LETTER addressed to Your Honorfrom Luna Droubi dated 7/13/2022 re: advisement regarding intent to file amended complaint. ENDORSEMENT: Pursuant to this Court's individual rules, Defendants shall, within fourteen days of service of the amended complaint: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court and the plaintiff stating that it relies on the previously filed motion to dismiss. ( Amended Pleadings due by 7/20/2022.) (Signed by Judge Ronnie Abrams on 7/14/2022) (ate)
July 13, 2022 Opinion or Order Filing 252 ORDER granting #247 Letter Motion for Leave to File Excess Pages. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/13/2022) (ks)
July 12, 2022 Opinion or Order Filing 251 MEMORANDUM OF LAW in Support re: #249 MOTION relieving Plaintiffs, pursuant to Fed. R. Civ. P. 60(b), from the part of the Court's Nov. 30, 2020 Order (Dkt. 202) dismissing Plaintiffs Khaldoun Alshamiri and Roland Sofo's Title VII claims, and reinstating those claims re: [202 MOTION for Leave to File a Fourth Amended Complaint pursuant to Fed. R. Civ. P. 15(a)(2) . . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 12, 2022 Opinion or Order Filing 250 DECLARATION of Joshua S. Moskovitz in Support re: #249 MOTION relieving Plaintiffs, pursuant to Fed. R. Civ. P. 60(b), from the part of the Court's Nov. 30, 2020 Order (Dkt. 202) dismissing Plaintiffs Khaldoun Alshamiri and Roland Sofo's Title VII claims, and reinstating those claims re: [202 MOTION for Leave to File a Fourth Amended Complaint pursuant to Fed. R. Civ. P. 15(a)(2) .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Moskovitz, Joshua)
July 12, 2022 Opinion or Order Filing 249 MOTION relieving Plaintiffs, pursuant to Fed. R. Civ. P. 60(b), from the part of the Court's Nov. 30, 2020 Order (Dkt. 202) dismissing Plaintiffs Khaldoun Alshamiri and Roland Sofo's Title VII claims, and reinstating those claims re: #202 Memorandum & Opinion,,,,,, ., MOTION for Leave to File a Fourth Amended Complaint pursuant to Fed. R. Civ. P. 15(a)(2) . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 12, 2022 Opinion or Order Filing 248 NOTICE OF APPEARANCE by Jeffrey F Kinkle on behalf of Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Kinkle, Jeffrey)
July 12, 2022 Opinion or Order Filing 247 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated July 12, 2022. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 11, 2022 Opinion or Order Filing 246 ENDORSED LETTER addressed to Judge Ronnie Abrams from Luna Droubi dated 7/6/2022 re: status update. ENDORSEMENT: The parties are directed to meet with Judge Aaron in an effort to resolve this dispute. (Signed by Judge Ronnie Abrams on 7/11/2022) (ate)
June 24, 2022 Opinion or Order Filing 245 ORDER FOR ADMISSION PRO HAC VICE granting #242 Motion for Matthew Brett Reeves to Appear Pro Hac Vice. The motion of Matthew B. Reeves for admission to practice Pro Hac Vice in the above-captioned action is granted. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/24/2022) (kl)
June 24, 2022 Opinion or Order Filing 244 SCHEDULING ORDER: granting #243 Letter Motion for Extension of Time to File. The Court finds the proposed modified schedule appropriate and hereby enters the following schedule for the next stage of this litigation: July 15, 2022: Plaintiffs will either supplement their motion for preliminary injunction or file a new motion addressing their claims for injunctive relief, and Plaintiffs will file a motion for class certification. August 26, 2022: Defendants will file any opposition to Plaintiffs' injunction and class certification motions. September 9, 2022: Plaintiffs will file any reply papers in support of their injunction and class certification motions. Within fourteen (l4) days following the Court's decision on Plaintiffs' Motion for Class Certification, the Parties shall meet and confer to prepare a proposed scheduling order through the remainder of the case. The Court will schedule an evidentiary hearing on the filed motions as necessary and appropriate. No further extensions shall be granted absent exigent circumstances. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/24/2022) (ama)
June 24, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #242 MOTION for Matthew Brett Reeves to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-26074256.. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
June 24, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 7/15/2022. Responses due by 8/26/2022 Replies due by 9/9/2022. (ama)
June 23, 2022 Opinion or Order Filing 243 CONSENT LETTER MOTION for Extension of Time to File motion papers addressed to Magistrate Judge Stewart D. Aaron from Joshua S. Moskovitz dated June 23, 2022. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
June 23, 2022 Opinion or Order Filing 242 MOTION for Matthew Brett Reeves to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-26074256.. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Affidavit of Matthew B. Reeves, #2 Exhibit Certificate of Good Standing for the Supreme Court of Alabama, #3 Exhibit Certificate of Good Standing for the Supreme Court of Tennessee, #4 Exhibit Certificate of Good Standing for the Supreme Court of Texas, #5 Exhibit Certificate of Good Standing from the State Bar of Oklahoma, #6 Text of Proposed Order for Admission Pro Hac Vice).(Reeves, Matthew)
June 10, 2022 Opinion or Order Filing 241 ORDER granting #240 CONSENT LETTER MOTION for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/10/2022) (jca)
June 10, 2022 Opinion or Order Filing 240 CONSENT LETTER MOTION for Extension of Time addressed to Magistrate Judge Stewart D. Aaron from Joshua Moskovitz dated June 10, 2022. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
May 26, 2022 Opinion or Order Filing 239 ORDER granting #238 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 5/26/2022) (kv)
May 25, 2022 Opinion or Order Filing 238 CONSENT LETTER MOTION for Extension of Time addressed to Magistrate Judge Stewart D. Aaron from Joshua S. Moskovitz dated May 25, 2022. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
April 30, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #237 MOTION for Matthew Brett Reeves to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26074256. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Alabama; Supreme Court of Oklahoma;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba)
April 28, 2022 Opinion or Order Filing 237 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Matthew Brett Reeves to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26074256. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Affidavit of Matthew B. Reeves, #2 Exhibit Certificate of Good Standing for the State of Alabama, #3 Exhibit Certificate of Good Standing for the State of Tennessee, #4 Exhibit Certificate of Good Standing for the State of Texas, #5 Exhibit Certificate of Good Standing for the State of Oklahoma, #6 Text of Proposed Order).(Lunsford, William) Modified on 4/30/2022 (vba).
April 22, 2022 Opinion or Order Filing 236 SCHEDULING ORDER granting #235 Letter Motion for Extension of Time to Complete Discovery. The Court finds the proposed schedule appropriate and hereby enters the following schedule for the next stage of this litigation: May 13, 2022: The State will produce discoverable emails from identified custodians regarding Plaintiffs' Request for Production Request Nos. 96-98 and 104-111. May 18, 2022: Plaintiff will conduct the deposition of Acting Commissioner Anthony Annucci. May 24, 2022: Plaintiff will conduct the deposition of Executive Deputy Commissioner Daniel Martuscello. May 25, 2022: The Parties will complete necessary written discovery related to Plaintiffs' injunction claims and anticipated motion for class certification. June 24, 2022: Plaintiffs will either supplement their motion for preliminary injunction or file a new motion addressing their claims for injunctive relief, and Plaintiffs will file a motion for class certification. August 5, 2022: The State will file any opposition to Plaintiffs' injunction and class certification motions. August 19, 2022: Plaintiffs will file any reply papers in support of their injunction and class certification motions. Within fourteen (14) days following the Court's decision on Plaintiffs' Motion for Class Certification, the Parties shall meet and confer to prepare a proposed scheduling order through the remainder of the case. The Court will schedule an evidentiary hearing on the filed motions as necessary and appropriate. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 4/22/2022) (kv)
April 22, 2022 Opinion or Order Set/Reset Deadlines: Deposition due by 5/24/2022. Discovery due by 5/25/2022. Motions due by 6/24/2022. Responses due by 8/5/2022 Replies due by 8/19/2022. (kv)
April 21, 2022 Opinion or Order Filing 235 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Stewart D. Aaron from William R. Lunsford dated April 21, 2022. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Text of Proposed Order).(Lunsford, William)
March 30, 2022 Opinion or Order Filing 234 SCHEDULING ORDER granting #233 Letter Motion for Extension of Time. By Order dated January 20, 2022 (Dkt. 231), the Court entered a Scheduling Order setting out deadlines for discovery and a briefing schedule for Plaintiffs' motions for preliminary injunction and class certification. By letter dated March 29, 2022, the Parties submitted a joint proposed scheduling order to modify the deadlines. The Court finds the proposed schedule appropriate and hereby enters the following schedule for the next stage of this litigation: May 13, 2022: The parties must complete necessary discovery related to Plaintiffs' injunction claims and anticipated motion for class certification. June 3, 2022: Plaintiffs will either supplement their motion for preliminary injunction or file a new motion addressing their claims for injunctive relief, and Plaintiffs will file a motion for class certification. July 15, 2022: Defendants will file any opposition to Plaintiffs' injunction and class certification motions. July 29, 2022: Plaintiffs will file any reply papers in support of their injunction and class certification motions. Within fourteen (14) days following the Court's decision on Plaintiffs' Motion for Class Certification, the Parties shall meet and confer to prepare a proposed scheduling order through the remainder of the case. The Court will schedule an evidentiary hearing on the filed motions as necessary and appropriate. SO ORDERED. Discovery due by 5/13/2022. Motions due by 6/3/2022. (Signed by Magistrate Judge Stewart D. Aaron on 3/30/2022) (vfr)
March 30, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 7/15/2022 Replies due by 7/29/2022. (vfr)
March 29, 2022 Opinion or Order Filing 233 JOINT LETTER MOTION for Extension of Time addressed to Magistrate Judge Stewart D. Aaron from William R. Lunsford and Joshua S. Moskovitz dated March 29, 2022. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Proposed Scheduling Order).(Lunsford, William)
March 10, 2022 Opinion or Order Filing 232 NOTICE OF APPEARANCE by Deema Azizi on behalf of Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Azizi, Deema)
January 20, 2022 Opinion or Order Filing 231 SCHEDULING ORDER: Within fourteen (14) days following the Court's decision on Plaintiff's Motion for Class Certification, the Parties shall meet and confer to prepare a proposed scheduling order through the remainder of the case. The Court will schedule an evidentiary hearing on the filed motions as necessary and appropriate. SO ORDERED. Motions due by 5/6/2022. Responses due by 6/17/2022 Replies due by 6/24/2022. (Signed by Magistrate Judge Stewart D. Aaron on 1/20/2022) (kl)
January 19, 2022 Opinion or Order Filing 230 LETTER addressed to Magistrate Judge Stewart D. Aaron from Joshua S. Moskovitz dated January 19, 2022 re: joint proposed scheduling order. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Text of Proposed Order).(Moskovitz, Joshua)
January 14, 2022 Opinion or Order Filing 229 ORDER granting #228 Letter Motion for Extension of Time. Request GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/14/2022) (kl)
January 14, 2022 Opinion or Order Filing 228 LETTER MOTION for Extension of Time to Submit a Joint Proposed Scheduling Order addressed to Magistrate Judge Stewart D. Aaron from William R. Lunsford dated January 14, 2022. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
January 11, 2022 Opinion or Order Filing 227 MEMO ENDORSEMENT on re: #225 Status Report filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano. ENDORSEMENT: Application GRANTED. No later than January 14, 2022, the parties shall file a joint proposed scheduling order providing dates for completion of all pending discovery and a proposed briefing schedule regarding Plaintiffs motion for preliminary injunction and anticipated motion for class certification. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 1/11/2022) (js)
January 11, 2022 Opinion or Order Filing 226 MEMO ENDORSEMENT on re: #225 Status Report filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano. ENDORSEMENT: As this matter has been referred to Judge Aaron for general pretrial management, the Court defers to Judge Aaron's decision regarding the parties' proposed discovery and briefing schedule. Given the parties' update, the Court finds that there is no continued need for a stay in this action. Accordingly, the stay is hereby lifted. Case Stay Lifted. (Signed by Judge Ronnie Abrams on 1/10/2022) (ate)
January 7, 2022 Opinion or Order Filing 225 STATUS REPORT. mediation concluded without a resolution Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
December 13, 2021 Opinion or Order Filing 224 MEMO ENDORSEMENT on re: #223 Status Report, filed by Anthony J. Annucci, Michael Bertone, John A. Shipley, Leroy Fields, William Lee, Thomas Napoli, Stephen Urbanski, Na-Kia Walton, Alan Washer, New York State Department of Corrections and Community Supervision, State of New York, James Johnson. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/13/2021) (vfr)
December 10, 2021 Opinion or Order Filing 223 STATUS REPORT. Mediation Status Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
October 25, 2021 Opinion or Order Filing 221 MEMO ENDORSEMENT: on re: #220 Status Report filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano. ENDORSEMENT: Application granted. No later than December 10, 2021, the parties shall submit a status update to the Court. If that status update indicates that private mediation was unsuccessful, the parties shall also submit by that date arevised proposed case management plan. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/25/2021) (ama)
October 22, 2021 Opinion or Order Filing 220 STATUS REPORT. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
September 21, 2021 Opinion or Order Filing 219 MEMO ENDORSEMENT on re: #218 Status Report filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano. ENDORSEMENT: Application granted. On or before October 22, 2021, the parties shall file a status update with the Court. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/21/2021) (vfr)
September 20, 2021 Opinion or Order Filing 218 STATUS REPORT. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
September 10, 2021 Opinion or Order Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 9/10/2021. Mediation Status due by 10/12/2021. (sb)
September 2, 2021 Opinion or Order SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 9/10/2021 at 12:00 PM in telephone or video conference. (sb)
August 27, 2021 Opinion or Order MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 8/30/2021 was not held. Mediation Status due by 9/17/2021. (sb) Modified on 9/2/2021 (sb).
August 16, 2021 Opinion or Order SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 8/30/2021 at 10:00 AM in telephone or video conference. (sb)
July 30, 2021 Opinion or Order Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 7/30/2021. Mediation Status due by 8/30/2021. (sb)
July 29, 2021 Opinion or Order SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 7/30/2021 at 10:00 AM through video conference. (sb)
July 19, 2021 Opinion or Order Filing 217 MEMO ENDORSEMENT on re: #216 Status Report filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano. ENDORSEMENT: The parties shall file a letter updating the Court on the status of mediation by no later than September 20, 2021. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/19/2021) (rj)
July 16, 2021 Opinion or Order Filing 216 STATUS REPORT. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 2, 2021 Opinion or Order Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 7/2/2021. Mediation Status due by 8/2/2021. (sb)
July 1, 2021 Opinion or Order SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 7/2/2021 at 10:00 AM through video conference. (sb)
June 1, 2021 Opinion or Order Filing 215 MEMO ENDORSEMENT on re: #214 Status Report, filed by Anthony J. Annucci, Michael Bertone, John A. Shipley, Leroy Fields, William Lee, Thomas Napoli, Stephen Urbanski, Na-Kia Walton, Alan Washer, New York State Department of Corrections and Community Supervision, State of New York, James Johnson. ENDORSEMENT: The parties shall provide an update on the status of this case by no later than July 18, 2021. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/1/2021) (vfr)
May 28, 2021 Opinion or Order Filing 214 STATUS REPORT. Re: Mediation Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
May 13, 2021 Opinion or Order MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 5/13/2021 through video conference was not held. Mediation Status due by 5/28/2021.(sb)
April 29, 2021 Opinion or Order Filing 213 MEMO ENDORSEMENT re: #212 Status Report filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano. ENDORSEMENT: The parties shall file an additional status letter on May 28, 2021. (Signed by Judge Ronnie Abrams on 4/29/2021) (nb)
April 28, 2021 Opinion or Order Filing 212 STATUS REPORT. re: mediation Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
April 26, 2021 Opinion or Order SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 5/13/2021 at 10:00 AM through video conference. (sb)
April 22, 2021 Opinion or Order Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 4/22/2021. (sb)
April 19, 2021 Opinion or Order FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/22/2021 at 10:00 AM through video conference. (sb)
April 9, 2021 Opinion or Order MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 4/9/2021 was not held.(sb)
March 8, 2021 Opinion or Order Filing 211 ORDER granting #210 Letter Motion to Stay re: #210 JOINT LETTER MOTION to Stay proceedings sine die while conducting mediation addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated March 5, 2021. Application granted. This action is hereby stayed sine die. No later than April 30, 2021, the parties shall file a letter updating the Court on the status of mediation. (Signed by Judge Ronnie Abrams on 3/8/2021) (cf)
March 5, 2021 Opinion or Order Filing 210 JOINT LETTER MOTION to Stay proceedings sine die while conducting mediation addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated March 5, 2021. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
March 2, 2021 Opinion or Order MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 4/9/2021 at 10:00 AM through video conference.(sb)
February 24, 2021 Opinion or Order NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/26/2021..(ah)
February 3, 2021 Opinion or Order Filing 209 MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 2/16/2021. (Signed by Judge Ronnie Abrams on 2/3/2021) (kv)
February 3, 2021 Opinion or Order Filing 208 MEMO ENDORSEMENT on re: #207 Letter, filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano. ENDORSEMENT: Application granted. By separate order, this case is referred to the Court-annexed mediation program. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/3/2021) (kv)
February 2, 2021 Opinion or Order Filing 207 CONSENT LETTER addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated February 2, 2021 re: referral to Court's ADR program. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Text of Proposed Order).(Moskovitz, Joshua)
January 19, 2021 Opinion or Order Filing 206 ORDER granting #205 Letter Motion to Stay. Application granted. The parties shall file a letter updating the Court on the status of mediation by no later than March 5, 2021. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/19/2021) (kv)
January 18, 2021 Opinion or Order Filing 205 CONSENT LETTER MOTION to Stay discovery for 60 days while the parties attempt mediation addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated January 18, 2021. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
December 23, 2020 Opinion or Order Filing 204 ANSWER to #199 Amended Complaint,, with JURY DEMAND. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
December 22, 2020 Opinion or Order Filing 203 NOTICE OF APPEARANCE by John Michael Hintz on behalf of Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Hintz, John)
November 30, 2020 Opinion or Order Filing 202 OPINION AND ORDER re: #93 MOTION to Dismiss Memorandum of Law in Support of the State's Motion to Dismiss First Amended Complaint. filed by Anthony J. Annucci, John A. Shipley, Leroy Fields, Stephen Urbanski, Na-Kia Walton, Alan Washer, New York State Department of Corrections and Community Supervision, State of New York, James Johnson. For the reasons provided above, Defendants' motion to dismiss is granted in part and denied in part. In summary: (1) the Court denies Defendants' motion to dismiss Plaintiffs' 1983 claims for injunctive and declaratory relief; (2) the Court grants Defendants' motion to dismiss Plaintiffs' 1983 claim for damages against Defendants Fields and Johnson, but denies the motion with respect to the other DOCCS Officials who are sued in their personal capacities; (3) the Court denies Defendants' motion to dismiss Gleixner, Sughrim, and Feliciano's Title VII Claims; (4) the Court grants Defendants' motion to dismiss Alshamiri and Sofo's Title VII claims without prejudice such that they may seek leave to amend once they have exhausted their administrative remedies; (5) the Court grants Defendants' motion to dismiss Plaintiffs' state constitutional claims; (6) the Court grants Defendants' motion to dismiss Plaintiffs' New York State Human Rights Law claims; and (7) the Court denies Defendants' motion to dismiss on all other grounds. The Clerk of Court is respectfully directed to terminate the motion pending at Docket Entry 93. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/30/2020) (kv)
November 20, 2020 Opinion or Order Filing 201 EXHIBIT TO PLEADING re: #199 Amended Complaint,,. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
November 20, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joshua Samuel Moskovitz re: Document No. #199 Amended Complaint,. The filing is deficient for the following reason(s): Court's leave has not been granted.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc)
November 19, 2020 Opinion or Order Filing 200 LETTER addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated November 19, 2020 re: filing of Third Amended Complaint. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
November 19, 2020 Opinion or Order Filing 199 THIRD AMENDED COMPLAINT amending #145 Amended Complaint,, against Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer with JURY DEMAND.Document filed by David Feliciano, Khaldoun Alshamiri, Brian Sughrim, Derek Gleixner, Roland Sofo. Related document: #145 Amended Complaint,,..(Moskovitz, Joshua) Modified on 11/20/2020 (pc). Modified on 11/23/2020 (jgo).
October 30, 2020 Opinion or Order Filing 198 ORDER: It is hereby ORDERED, as follows: 1. Plaintiffs' request for the identities of 42 putative class members is DENIED WITHOUT PREJUDICE. No class has yet been certified and the Court finds, in its discretion, that Plaintiffs are not at this stage of the case entitled to the names of putative class members. See Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 354-55 (1978). 2. In the event that a class is certified, Plaintiffs shall be entitled to the identities of class members. Thus, if the Court certifies a class, within three business days after the date of the Order granting class certification, but no later than seven days prior to the evidentiary hearing on Plaintiffs' Motion for Preliminary Injunction, Defendants shall disclose to Plaintiffs the identities of class members. (Signed by Magistrate Judge Stewart D. Aaron on 10/30/2020) (Aaron, Stewart)
October 30, 2020 Opinion or Order Filing 197 BRIEF re: #195 Brief Letter Brief in Response to Plaintiff's Letter Brief dated October 23, 2020. Document filed by Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
October 24, 2020 Opinion or Order Filing 196 ORDER re: #195 Brief filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano: Any response by Defendants to Plaintiff's submission at ECF No. 195 shall be filed no later than 10/30/2020. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
October 23, 2020 Opinion or Order Filing 195 SUPPLEMENTAL BRIEF concerning the identification of putative class members. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
October 16, 2020 Opinion or Order Filing 194 MEMO ENDORSEMENT on re: #193 Letter, filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano. ENDORSEMENT: Request GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/16/2020) (kl)
October 15, 2020 Opinion or Order Filing 193 LETTER addressed to Magistrate Judge Stewart D. Aaron from Joshua S. Moskovitz dated October 15, 2020 re: the status of the parties' dispute regarding the identification of putative class members. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
October 8, 2020 Opinion or Order Filing 192 ORDER granting in part and denying in part #186 Letter Motion for Discovery: Plaintiffs' request for the underlying documentation concerning the officers' accommodation requests for additional officers pursuant to paragraph 3 of the Court's July 22, 2020 Order (ECF No. 169) is GRANTED IN PART and DENIED IN PART. In the exercise of its discretion, the Court hereby ORDERS that, within 14 days, Defendants shall produce underlying documentation concerning the officers' accommodation requests for 30 additional officers. (Signed by Magistrate Judge Stewart D. Aaron on 10/8/2020) (Aaron, Stewart)
October 7, 2020 Opinion or Order Filing 191 LETTER REPLY to Response to Motion addressed to Magistrate Judge Stewart D. Aaron from Joshua S. Moskovitz and Ronald E. Cook dated October 7, 2020 re: #186 LETTER MOTION for Discovery and status report concerning the parties' efforts to resolve the parties' dispute about identifying putative class members addressed to Magistrate Judge Stewart D. Aaron from Joshua S. Moskovitz dated Sep . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
October 6, 2020 Opinion or Order Filing 190 REVISED SCHEDULING ORDER: granting #189 Letter Motion for Extension of Time. So Ordered. January 27, 2021: Plaintiffs file their Reply in Support of their Motion for Preliminary Injunction Until January 27, 2021: The Parties engage in limited discovery related to Plaintiffs' Motion for Preliminary Injunction and anticipated Motion for Class Certification February 9, 2021: Plaintiffs file their Motion for Class Certification March 9, 2021: The State files its Opposition to Plaintiffs' Motion for Class Certification March 16, 2021: Plaintiffs file their Reply in Support of their Motion for Class Certification. The Court will schedule an evidentiary hearing on Plaintiffs' Motion for Preliminary Injunction at a date and time set by the District Judge following its decisions on the State's Motion to Dismiss and Plaintiffs' Motion for Class Certification.. (Signed by Magistrate Judge Stewart D. Aaron on 10/6/2020) (js)
October 6, 2020 Opinion or Order Set/Reset Deadlines: Motions due by 2/9/2021. Responses due by 3/9/2021 Replies due by 3/16/2021. (js)
October 1, 2020 Opinion or Order Filing 189 LETTER MOTION for Extension of Time of Deadlines addressed to Magistrate Judge Stewart D. Aaron from William R. Lunsford dated October 1, 2020. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Text of Proposed Order Proposed Revised Scheduling Order).(Lunsford, William)
September 30, 2020 Opinion or Order Filing 188 LETTER RESPONSE to Motion addressed to Magistrate Judge Stewart D. Aaron from Kenneth S.Steely dated September 30, 2020 re: #186 LETTER MOTION for Discovery and status report concerning the parties' efforts to resolve the parties' dispute about identifying putative class members addressed to Magistrate Judge Stewart D. Aaron from Joshua S. Moskovitz dated Sep . Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
September 25, 2020 Opinion or Order Filing 187 MEMO ENDORSEMENT on re: #186 LETTER MOTION for Discovery and status report concerning the parties' efforts to resolve the parties' dispute about identifying putative class members addressed to Magistrate Judge Stewart D. Aaron from Joshua S. Moskovitz dated Sep filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano. ENDORSEMENT: Defendants shall respond to Plaintiffs' request for additional files no later than September 30, 2020. Plaintiff shall file any reply no later than October 7, 2020. In accordance with the parties' proposal, no later than one week following the Court's decision on Plaintiffs' application, the parties shall file a joint letter regarding the status of the remaining dispute with respect to the identification of putative class members. SO ORDERED. (Replies due by 10/7/2020.) (Signed by Magistrate Judge Stewart D. Aaron on 9/25/2020) (js)
September 18, 2020 Opinion or Order Filing 186 LETTER MOTION for Discovery and status report concerning the parties' efforts to resolve the parties' dispute about identifying putative class members addressed to Magistrate Judge Stewart D. Aaron from Joshua S. Moskovitz dated September 18, 2020. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Moskovitz, Joshua)
September 2, 2020 Opinion or Order Filing 185 ORDER re: #184 Status Report filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano: The Court adopts Plaintiffs' proposal. The parties shall file a joint status update no later than 9/15/2020. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/2/2020) (Aaron, Stewart)
September 1, 2020 Opinion or Order Filing 184 STATUS REPORT. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
August 19, 2020 Opinion or Order Filing 183 MEMO ENDORSEMENT on re: #182 Status Report filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano. Application Granted. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 8/19/2020) (js)
August 18, 2020 Opinion or Order Filing 182 STATUS REPORT. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
August 6, 2020 Opinion or Order Filing 181 ORDER granting #179 Letter Motion for Extension of Time to File: Request GRANTED on consent. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/6/2020) (Aaron, Stewart)
August 5, 2020 Opinion or Order Filing 180 BRIEF re: #169 Order on Motion for Local Rule 37.2 Conference,,,,,, . Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
August 4, 2020 Opinion or Order Filing 179 JOINT LETTER MOTION for Extension of Time to File additional briefing regarding the identification of putative class members addressed to Magistrate Judge Stewart D. Aaron from Joshua S. Moskovitz dated August 4, 2020. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
August 3, 2020 Opinion or Order Filing 178 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 7/22/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
August 3, 2020 Opinion or Order Filing 177 TRANSCRIPT of Proceedings re: Telephone Conference held on 7/22/2020 before Magistrate Judge Stewart D. Aaron. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2020. Redacted Transcript Deadline set for 9/3/2020. Release of Transcript Restriction set for 11/2/2020..(rro)
August 1, 2020 Opinion or Order Filing 176 ORDER granting in part and denying in part #167 Defendants' Letter Motion: Defendants' Letter motion is DENIED IN PART AS MOOT, since the parties have reached agreement with respect to all but a single dispute. (See ECF No. 175.) With respect to this dispute, the Court GRANTS IN PART Defendants' Letter Motion. It is hereby ORDERED that Plaintiffs shall provide to Defendants a list of all contributions each Plaintiff made to any religious organization in the past five (5) years. Since the sincerity of Plaintiffs' religious beliefs is at issue in this case, the Court in its discretion finds that this information is relevant and proportional to the needs of the case. See Fed. R. Civ. P. 26(b)(1). SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/1/2020) (Aaron, Stewart)
July 31, 2020 Opinion or Order Filing 175 LETTER REPLY to Response to Motion addressed to Magistrate Judge Stewart D. Aaron from William R. Lunsford dated July 31, 2020 re: #167 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Stewart D. Aaron from William R. Lunsford dated July 17, 2020. . Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
July 30, 2020 Opinion or Order Filing 174 JOINT STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/30/2020) (kl)
July 29, 2020 Opinion or Order Filing 173 PROPOSED PROTECTIVE ORDER. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
July 25, 2020 Opinion or Order Filing 172 ORDER re: #171 Response in Opposition to Motion filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano: The parties shall meet and confer in a good faith effort to reach compromise regarding the proposal made by Plaintiffs (see footnote 1 of this letter). As part of that meet and confer process, with respect to item 3 of this letter, the parties are directed to review this Court's Opinion and Order in Republic of Turkey v. Christie's, Inc., 326 F.R.D. 394, 399 (S.D.N.Y. 2018). In order to provide adequate time for the parties to meet and confer, the Court hereby extends the deadline for Defendants to reply until Friday, 7/31/2020. Defendants' reply shall advise the Court as to any issues that remain open. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/25/2020) (Aaron, Stewart)
July 24, 2020 Opinion or Order Filing 171 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Stewart D. Aaron from Joshua S. Moskovitz, Ronald Cook, Jonathan C. Moore, and Luna Droubi dated July 24, 2020 re: #167 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Stewart D. Aaron from William R. Lunsford dated July 17, 2020. . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
July 23, 2020 Opinion or Order Filing 170 REVISED SCHEDULING ORDER: Having reviewed the Parties' Joint Motion to Amend the Scheduling Order (the "Motion"), the Court hereby grants the Motion and enters the following amended schedule for the remaining briefing and discovery related to Plaintiffs' Motions for Preliminary Injunction and Class Certification: Plaintiffs file their Reply in Support of their Motion for Preliminary Injunction 10/29/2020. The parties engage in limited discovery related to Plaintiffs' Motion for Preliminary Injunction and anticipated Motion for Class certification until 10/29/2020. (Motions due by 11/11/2020., Responses due by 12/9/2020, Replies due by 12/16/2020.), Motions terminated: #168 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Stewart D. Aaron from William R. Lunsford dated July 21, 2020. filed by Anthony J. Annucci, Michael Bertone, John A. Shipley, Leroy Fields, William Lee, Thomas Napoli, Stephen Urbanski, Na-Kia Walton, Alan Washer, New York State Department of Corrections and Community Supervision, State of New York, James Johnson. So Ordered (Signed by Magistrate Judge Stewart D. Aaron on 7/22/2020) (js)
July 22, 2020 Opinion or Order Filing 169 ORDER. It is hereby ORDERED, as follows: No later than Wednesday, July 29, 2020, the parties shall file a proposed Protective Order regarding the treatment of confidential information, and as further set forth herein. No later than Wednesday, August 5, 2020, the parties shall file additional briefing, not to exceed five pages each, regarding whether Plaintiffs are entitled to the officers' names at this stage of the case. The deadline for Plaintiffs to respond to Defendants' Letter Motion (ECF No. 167) is extended until Friday, July 24, 2020. Defendants shall file their reply, if any, no later than Wednesday, July 29, 2020. No later than August 6, 2020, Defendants shall produce an initial privilege log for any privileged documents that have been withheld as of that date. Going forward, the parties shall update their respective privilege logs, as needed, within fourteen days of any production. The Court by separate Order will grant the parties joint request for an extension of time to complete discovery related to Plaintiffs' Motion for Preliminary Injunction and anticipated Motion for Class Certification. Further extensions shall be granted only for good cause shown and then only for a limited purpose. The Clerk of Court is respectfully requested to close the gavel at ECF No. 160. SO ORDERED. Terminating #160 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Ronnie Abrams from Joshua S. Moskovitz, Ronald Cook, Jonathan C. Moore, and Luna Droubi dated July 8, 2020. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Signed by Magistrate Judge Stewart D. Aaron on 7/22/2020) (rjm)
July 22, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 7/22/2020. (kl)
July 22, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 7/24/2020. Replies due by 7/29/2020. (rjm)
July 21, 2020 Opinion or Order Filing 168 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Stewart D. Aaron from William R. Lunsford dated July 21, 2020. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Text of Proposed Order).(Lunsford, William)
July 17, 2020 Opinion or Order Filing 167 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Stewart D. Aaron from William R. Lunsford dated July 17, 2020. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Exhibit A - Plaintiff Brian Sughrim's Responses and Objections to Requests for Production, #2 Exhibit B - Plaintiff Brian Sughrim's Responses and Objections to Defendant's First Request for Admission).(Lunsford, William)
July 17, 2020 Opinion or Order Filing 166 LETTER REPLY to Response to Motion addressed to Magistrate Judge Stewart D. Aaron from Joshua S. Moskovitz, Ronald Cook, Jonathan C. Moore, and Luna Droubi dated July 17, 2020 re: #160 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Ronnie Abrams from Joshua S. Moskovitz, Ronald Cook, Jonathan C. Moore, and Luna Droubi dated July 8, 2020. . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Exhibit 11).(Moskovitz, Joshua)
July 15, 2020 Opinion or Order Filing 165 ORDER FOR TELEPHONE CONFERENCE: The parties shall appear via Telephone for a conference in the above-captioned matter on Wednesday, July 22, 2020, at 11:00 a.m. to address the Letter-Motion at ECF No. 160. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED. (Telephone Conference set for 7/22/2020 at 11:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 7/15/2020) (kl)
July 14, 2020 Opinion or Order Filing 164 LETTER RESPONSE to Motion addressed to Magistrate Judge Stewart D. Aaron from William R. Lunsford dated July 14, 2020 re: #160 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Ronnie Abrams from Joshua S. Moskovitz, Ronald Cook, Jonathan C. Moore, and Luna Droubi dated July 8, 2020. . Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley. (Attachments: #1 Exhibit July 6 Email).(Lunsford, William)
July 10, 2020 Opinion or Order Filing 163 ORDER re: #160 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Ronnie Abrams from Joshua S. Moskovitz, Ronald Cook, Jonathan C. Moore, and Luna Droubi dated July 8, 2020. filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano: No later than Tuesday, 7/14/2020, Defendants shall file a response to Plaintiffs' Letter Motion (ECF No. 160). Any reply shall be filed by Plaintiffs no later than Friday, 7/17/2020. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
July 10, 2020 Opinion or Order Filing 162 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Plaintiffs have requested a conference regarding discovery disputes. Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Ronnie Abrams on 7/10/2020) (cf)
July 8, 2020 Opinion or Order Filing 161 DECLARATION of Joshua S. Moskovitz in Support re: #160 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Ronnie Abrams from Joshua S. Moskovitz, Ronald Cook, Jonathan C. Moore, and Luna Droubi dated July 8, 2020.. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10).(Moskovitz, Joshua)
July 8, 2020 Opinion or Order Filing 160 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Ronnie Abrams from Joshua S. Moskovitz, Ronald Cook, Jonathan C. Moore, and Luna Droubi dated July 8, 2020. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
June 29, 2020 Opinion or Order Filing 159 NOTICE OF APPEARANCE by Jonathan C Moore on behalf of Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moore, Jonathan)
June 29, 2020 Opinion or Order Filing 158 NOTICE OF APPEARANCE by Luna Droubi on behalf of Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Droubi, Luna)
June 25, 2020 Opinion or Order Filing 157 ORDER granting #155 Motion for Kenneth Scott Steely to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
June 25, 2020 Opinion or Order Minute Entry for proceedings held before Judge Ronnie Abrams: Oral Argument held on 6/25/2020 re: #148 MOTION to Dismiss Second Amended Complaint. filed by Anthony J. Annucci, Michael Bertone, John A. Shipley, Leroy Fields, William Lee, Thomas Napoli, Stephen Urbanski, Na-Kia Walton, Alan Washer, New York State Department of Corrections and Community Supervision, State of New York, James Johnson. (Court Reporter Sam Mauro) (arc)
June 24, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #155 MOTION for Kenneth Scott Steely to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20384910. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
June 23, 2020 Opinion or Order Filing 156 ORDER: The conference line for oral argument on Defendants' motion to dismiss on June 25, 2020 at 2 PM is (888) 363-4749, and the access code is 1015508. This conference line is open to the public. The Court will email the parties with information on the videoconferencing technology. (Signed by Judge Ronnie Abrams on 6/23/2020) (jwh)
June 23, 2020 Opinion or Order Filing 155 MOTION for Kenneth Scott Steely to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20384910. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Affidavit of Kenneth S. Steely, #2 Exhibit Certificate of Good Standing for the State of Alabama, #3 Exhibit Certificate of Good Standing for the State of Florida, #4 Text of Proposed Order for Admission Pro Hac Vice).(Lunsford, William)
June 19, 2020 Opinion or Order Filing 154 REPLY MEMORANDUM OF LAW in Support re: #148 MOTION to Dismiss Second Amended Complaint. . Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
June 12, 2020 Opinion or Order Filing 153 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #148 MOTION to Dismiss Second Amended Complaint. . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
June 10, 2020 Opinion or Order Filing 152 MEMO ENDORSEMENT granting #150 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. (Attorney Stephen Clarence Rogers terminated.) (Signed by Judge Ronnie Abrams on 6/10/2020) (jwh)
June 9, 2020 Opinion or Order Filing 151 DECLARATION of Stephen Clarence Rogers in Support re: #150 MOTION for Stephen Clarence Rogers to Withdraw as Attorney .. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Rogers, Stephen)
June 9, 2020 Opinion or Order Filing 150 MOTION for Stephen Clarence Rogers to Withdraw as Attorney . Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Rogers, Stephen)
June 4, 2020 Opinion or Order Filing 149 ORDER: In light of the fact that the pending motion to dismiss will not be fully briefed until June 19, 2020, oral argument on the motion is hereby adjourned to June 25, 2020 at 2 PM. The Court will send the parties logistical information about the videoconferencing technology closer to the date of the argument. SO ORDERED. ( Oral Argument set for 6/25/2020 at 02:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 6/4/2020) (va)
May 29, 2020 Opinion or Order Filing 148 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Second Amended Complaint. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. Responses due by 6/12/2020.(Marler, Melissa) Modified on 7/21/2020 (lb).
May 29, 2020 Opinion or Order Filing 147 NOTICE of Notice of Motion to Dismiss the Second Amended Class Action Complaint. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Marler, Melissa)
May 21, 2020 Opinion or Order Filing 146 NOTICE of Mediation Status re: Telephone Conference. Document filed by Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
May 18, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Lawrence Henry Schaefer to RE-FILE Document #80 FIRST MOTION for Preliminary Injunction Amicus Brief in Support of Plaintiffs. Use the event type Brief found under the event list Other Documents. (ldi)
May 15, 2020 Opinion or Order Filing 145 SECOND AMENDED COMPLAINT amending #82 Amended Complaint, against Anthony J. Annucci, Michael Bertone, Leroy Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer with JURY DEMAND.Document filed by David Feliciano, Khaldoun Alshamiri, Brian Sughrim, Derek Gleixner, Roland Sofo. Related document: #82 Amended Complaint,..(Moskovitz, Joshua) Modified on 5/18/2020 (pc).
May 14, 2020 Opinion or Order Filing 144 ORDER granting #132 Letter Motion for Leave to File Document. For the reasons stated on the record at today's telephone conference, Plaintiffs' motion for leave to file a Second Amended Complaint (SAC) is granted. Plaintiff's shall file their SAC no later than tomorrow, May 15, 2020. Pursuant to Rule 4(C) of the Court's Individual Rules & Practices in Civil Cases, within 14 days after Plaintiffs file their SAC, Defendants shall (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court stating that they rely on the previously filed motion to dismiss. Should Defendants choose to rely on their previously filed motion to dismiss, the Court will hold oral argument on June 11, 2020 at 2 PM via videoconference. The Court will send the parties logistical information about the videoconferencing technology closer to the date of the argument. The Clerk of Court is respectfully directed to terminate the motion at Docket Entry 132.. (Signed by Judge Ronnie Abrams on 5/14/2020) (rj)
May 14, 2020 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 5/15/2020. (rj)
May 14, 2020 Opinion or Order Set/Reset Hearings: Oral Argument set for 6/11/2020 at 02:00 PM via video-conference before Judge Ronnie Abrams. (rj)
May 14, 2020 Opinion or Order Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 5/14/2020. (arc)
May 11, 2020 Opinion or Order Filing 143 DECLARATION of Joshua S. Moskovitz in Support re: #132 MOTION for Leave to File Second Amended Complaint .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
May 5, 2020 Opinion or Order Filing 142 NOTICE OF CHANGE OF ADDRESS by Joshua Samuel Moskovitz on behalf of Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. New Address: The Law Office of Joshua Moskovitz, 233 Broadway, Suite 2220, New York, New York, United States 10279, (212) 380-7040..(Moskovitz, Joshua)
May 5, 2020 Opinion or Order Filing 141 MEMO ENDORSEMENT on re: #140 Letter re: Dates regarding Telephonic Status Conference, filed by Anthony J. Annucci, Michael Bertone, John A. Shipley, William Lee, Thomas Napoli, Stephen Urbanski, Na-Kia Walton, Alan Washer, New York State Department of Corrections and Community Supervision, State of New York, James Johnson, Leory Fields. ENDORSEMENT: The Court will hold a telephone conference on May 14, 2020 at 11 AM. The parties shall call (888) 363-4749, and enter Access Code 1015508, followed by the pound (#) key., Telephone Conference set for 5/14/2020 at 11:00 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 5/5/2020) (rj)
May 4, 2020 Opinion or Order Filing 140 LETTER addressed to Judge Ronnie Abrams from William Lunsford dated May 4, 2020 re: Dates regarding Telephonic Status Conference. Document filed by Anthony J. Annucci, Michael Bertone, Leory Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
May 4, 2020 Opinion or Order Filing 139 ORDER granting #138 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #134 Response to Motion. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/4/2020) (jca)
May 4, 2020 Opinion or Order Filing 138 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #134 Response to Motion, addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated May 4, 2020. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
April 30, 2020 Opinion or Order Filing 137 ORDER granting #136 Letter Motion for Extension of Time to Complete Discovery. So Ordered. (Signed by Judge Ronnie Abrams on 4/30/2020) (js)
April 30, 2020 Opinion or Order Set/Reset Deadlines: Motions due by 8/13/2020. Responses due by 9/10/2020 Replies due by 9/17/2020. (js)
April 29, 2020 Opinion or Order Filing 136 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated April 29, 2020. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Text of Proposed Order).(Moskovitz, Joshua)
April 27, 2020 Opinion or Order Filing 135 DECLARATION of Nancy Steuhl in Opposition re: #132 MOTION for Leave to File Second Amended Complaint .. Document filed by Anthony J. Annucci, Michael Bertone, Leory Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Exhibit EEOC Dismissal).(Lunsford, William)
April 27, 2020 Opinion or Order Filing 134 RESPONSE to Motion re: #132 MOTION for Leave to File Second Amended Complaint . . Document filed by Anthony J. Annucci, Michael Bertone, Leory Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
April 13, 2020 Opinion or Order Filing 133 DECLARATION of Joshua S. Moskovitz in Support re: #132 MOTION for Leave to File Second Amended Complaint .. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Moskovitz, Joshua)
April 13, 2020 Opinion or Order Filing 132 MOTION for Leave to File Second Amended Complaint . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
April 10, 2020 Opinion or Order Filing 131 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/28/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
April 10, 2020 Opinion or Order Filing 130 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/28/2020 before Judge Ronnie Abrams. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/1/2020. Redacted Transcript Deadline set for 5/11/2020. Release of Transcript Restriction set for 7/9/2020..(McGuirk, Kelly)
April 1, 2020 Opinion or Order Filing 129 MEMO ENDORSED ORDER granting #127 Motion to Withdraw as Attorney. ENDORSEMENT: Plaintiffs' motion is granted. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 127. SO ORDERED. ( Attorney Colin R Reeves terminated.) (Signed by Judge Ronnie Abrams on 4/1/20) (yv)
March 31, 2020 Opinion or Order Filing 128 DECLARATION of Colin Reeves in Support re: #127 MOTION for Colin Reeves to Withdraw as Attorney for Plaintiffs.. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Reeves, Colin)
March 31, 2020 Opinion or Order Filing 127 MOTION for Colin Reeves to Withdraw as Attorney for Plaintiffs. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Reeves, Colin)
March 11, 2020 Opinion or Order Filing 126 MEMO ENDORSEMENT on re: #125 Letter, filed by Khaldoun Alshamiri, Roland Sofo, Derek Gleixner, Brian Sughrim, David Feliciano. ENDORSEMENT: On the consent of the parties, the Court hereby extends its December 6, 2019, Dkt. #72 , to cover the six additional corrections officer who are listed above. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/11/2020) (va)
March 10, 2020 Opinion or Order Filing 125 JOINT LETTER addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated March 10, 2020 re: the identity of officers covered by the Court's December 6, 2019 Order. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
February 28, 2020 Opinion or Order Filing 124 DECLARATION of Dane Fitzpatrick in Support re: #116 LETTER MOTION for Conference concerning an ongoing violation of the Court's December 6, 2020 Order addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated February 21, 2020.. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Moskovitz, Joshua)
February 28, 2020 Opinion or Order Minute Entry for proceedings held before Judge Ronnie Abrams: Status Conference held on 2/28/2020. (Court Reporter Lisa Smith) (arc)
February 27, 2020 Opinion or Order Filing 123 LETTER REPLY to Response to Motion addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated February 27, 2020 re: #116 LETTER MOTION for Conference concerning an ongoing violation of the Court's December 6, 2020 Order addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated February 21, 2020. . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Declaration of Dane Fitzpatrick (unsigned)).(Moskovitz, Joshua)
February 26, 2020 Opinion or Order Filing 122 DECLARATION of Na-Kia Walton in Opposition re: #116 LETTER MOTION for Conference concerning an ongoing violation of the Court's December 6, 2020 Order addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated February 21, 2020.. Document filed by Anthony J. Annucci, Michael Bertone, Leory Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Lunsford, William)
February 26, 2020 Opinion or Order Filing 121 DECLARATION of Thomas Napoli in Opposition re: #116 LETTER MOTION for Conference concerning an ongoing violation of the Court's December 6, 2020 Order addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated February 21, 2020.. Document filed by Anthony J. Annucci, Michael Bertone, Leory Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Lunsford, William)
February 26, 2020 Opinion or Order Filing 120 LETTER RESPONSE to Motion addressed to Judge Ronnie Abrams from William R. Lunsford dated February 26, 2020 re: #116 LETTER MOTION for Conference concerning an ongoing violation of the Court's December 6, 2020 Order addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated February 21, 2020. . Document filed by Anthony J. Annucci, Michael Bertone, Leory Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
February 25, 2020 Opinion or Order Filing 119 RESPONSE in Opposition to Motion re: #112 MOTION for Joinder Joinder in the State's Motion to Dismiss the First Amended Complaint. . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Moskovitz, Joshua)
February 25, 2020 Opinion or Order Filing 118 JOINDER to join re: #93 MOTION to Dismiss Memorandum of Law in Support of the State's Motion to Dismiss First Amended Complaint. Joinder in the State's Motion to Dismiss the First Amended Complaint. Document filed by Anthony J. Annucci, Michael Bertone, Leory Fields, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer..(Lunsford, William)
February 25, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney William Lunsford to RE-FILE Document #112 MOTION for Joinder Joinder in the State's Motion to Dismiss the First Amended Complaint. Use the event type Joinder found under the event list Other Documents. (ldi)
February 24, 2020 Opinion or Order Filing 117 ORDER granting #116 LETTER MOTION for Conference concerning an ongoing violation of the Court's December 6, 2020 Order. Defendants shall file a response to Plaintiffs' letter no later than February 26, 2020. The parties shall appear for a conference on February 28, 2020 at 4 P.M. in Courtroom 1506 at 40 Foley Square. SO ORDERED. Status Conference set for 2/28/2020 at 04:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 2/24/2020) (jca)
February 24, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 2/26/2020 (jca)
February 21, 2020 Opinion or Order Filing 116 LETTER MOTION for Conference concerning an ongoing violation of the Court's December 6, 2020 Order addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated February 21, 2020. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Moskovitz, Joshua)
February 19, 2020 Opinion or Order Filing 115 ORDER granting #114 Motion to Amend/Correct. Having reviewed the Parties' Joint Motion to Amend Initial Scheduling Order (the "Motion"), the Court hereby grants the Motion and enters the following amended schedule for the remaining briefing and discovery related to Plaintiffs' Motions for Preliminary Injunction and Class Certification: May 1, 2020: Plaintiffs file their Reply in Support of their Motionfor Preliminary Injunction; Until May 1, 2020: The Parties engage in limited discovery related to Plaintiffs' Motion for Preliminary Injunction and anticipated Motion for Class Certification; May 15, 2020: Plaintiffs file their Motion for Class Certification; June 12, 2020: The State files its Opposition to Plaintiffs' Motion for Class Certification; June 19, 2020: Plaintiffs file their Reply in Support of their Motion for Class Certification. The Court will schedule an evidentiary hearing on Plaintiffs' Motion for Preliminary Injunction following its decisions on the State's Motion to Dismiss and Plaintiffs' Motion for Class Certification. (Signed by Judge Ronnie Abrams on 2/19/2020) (ks) (Main Document 115 replaced on 2/19/2020) (ks).
February 19, 2020 Opinion or Order Set/Reset Deadlines: Motions due by 5/15/2020. Responses due by 6/12/2020 Replies due by 6/19/2020. (ks)
February 14, 2020 Opinion or Order Filing 114 JOINT MOTION to Amend/Correct #81 Scheduling Order,,,,,,, Joint Motion to Amend Initial Scheduling Order. Document filed by Anthony J. Annucci, Michael Bertone, James Johnson, William Lee, Thomas Napoli, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Exhibit Proposed Amended Initial Scheduling Order).(Lunsford, William)
February 10, 2020 Opinion or Order Filing 113 NOTICE OF APPEARANCE by Ronald E. Cook on behalf of Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim..(Cook, Ronald)
February 5, 2020 Opinion or Order Filing 112 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Joinder Joinder in the State's Motion to Dismiss the First Amended Complaint. Document filed by Michael Bertone, William Lee, Thomas Napoli..(Lunsford, William) Modified on 2/25/2020 (ldi).
January 23, 2020 Opinion or Order Filing 111 ORDER granting #109 Letter Motion for Extension of Time to Answer re #82 Amended Complaint. Application granted. SO ORDERED. Michael Bertone answer due 2/5/2020; William Lee answer due 2/5/2020; Thomas Napoli answer due 2/5/2020 (Signed by Judge Ronnie Abrams on 1/23/2020) (kv)
January 22, 2020 Opinion or Order Filing 110 DECLARATION of Joshua S. Moskovitz in Opposition re: #93 MOTION to Dismiss Memorandum of Law in Support of the State's Motion to Dismiss First Amended Complaint.. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Moskovitz, Joshua)
January 22, 2020 Opinion or Order Filing 109 LETTER MOTION for Extension of Time to File Answer addressed to Judge Ronnie Abrams from Barbara K. Hathaway dated January 22, 2020. Document filed by New York Attorney General's Office.(Hathaway, Barbara)
January 21, 2020 Opinion or Order Filing 108 REPLY MEMORANDUM OF LAW in Support re: #93 MOTION to Dismiss Memorandum of Law in Support of the State's Motion to Dismiss First Amended Complaint. The State's Reply Memorandum in Further Support of Its Motion to Dismiss Plaintiffs' First Amended Class Action Complaint. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Lunsford, William)
January 17, 2020 Opinion or Order Filing 107 DECLARATION of John Shipley in Opposition re: #42 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Lunsford, William)
January 17, 2020 Opinion or Order Filing 106 RESPONSE to Motion re: #42 EMERGENCY MOTION for Temporary Restraining Order . The State's Response to Plaintiffs' Motion for Preliminary Injunction. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Lunsford, William)
January 15, 2020 Opinion or Order Filing 105 SUMMONS RETURNED EXECUTED. Thomas Napoli served on 1/7/2020, answer due 1/28/2020. Service was accepted by Anthony Smith, Authorized Agent Auburn Correctional. Document filed by David Feliciano; Khaldoun Alshamiri; Brian Sughrim; Derek Gleixner; Roland Sofo. (Moskovitz, Joshua)
January 14, 2020 Opinion or Order Filing 104 ORDER: granting #103 Letter Motion for Leave to File Excess Pages. Application granted. Any future requests for an enlargement of the page limit must be made in advance of the filing deadline pursuant to Individual Rule 4.A. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/14/2020) (ama)
January 14, 2020 Opinion or Order Filing 103 SECOND LETTER MOTION for Leave to File Excess Pages addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated January 14, 2020. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim.(Moskovitz, Joshua)
January 14, 2020 Opinion or Order Filing 102 SUMMONS RETURNED EXECUTED. Michael Bertone served on 1/3/2020, answer due 1/24/2020. Service was accepted by Marrat Shkolnik, Esq./Co-Worker. Document filed by David Feliciano; Khaldoun Alshamiri; Brian Sughrim; Derek Gleixner; Roland Sofo. (Moskovitz, Joshua)
January 14, 2020 Opinion or Order Filing 101 SUMMONS RETURNED EXECUTED. William Lee served on 1/9/2020, answer due 1/30/2020. Service was accepted by Stacey Fredenburgh, IRC 2. Document filed by David Feliciano; Khaldoun Alshamiri; Brian Sughrim; Derek Gleixner; Roland Sofo. (Moskovitz, Joshua)
January 13, 2020 Opinion or Order Filing 100 MEMORANDUM OF LAW in Opposition re: #93 MOTION to Dismiss Memorandum of Law in Support of the State's Motion to Dismiss First Amended Complaint. . Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Moskovitz, Joshua)
January 13, 2020 Opinion or Order Filing 99 DECLARATION of Joshua S. Moskovitz in Opposition re: #93 MOTION to Dismiss Memorandum of Law in Support of the State's Motion to Dismiss First Amended Complaint.. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Moskovitz, Joshua)
January 8, 2020 Opinion or Order Filing 98 ORDER granting #97 Motion for Ronald E. Cook to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
January 8, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #97 MOTION for Ronald E. Cook to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 7, 2020 Opinion or Order Filing 97 MOTION for Ronald E. Cook to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Affidavit of Ronald E. Cook in support of motion, #2 Certificate of Good Standing from the Supreme Court of Texas, #3 Text of Proposed Order)(Moskovitz, Joshua)
January 6, 2020 Opinion or Order Filing 96 ORDER: granting #95 Letter Motion for Leave to File Excess Pages. Application Granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/06/2020) (ama)
January 6, 2020 Opinion or Order Filing 95 LETTER MOTION for Leave to File Excess Pages for plaintiffs' opposition to defendants' motion to dismiss addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated January 6, 2020. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim.(Moskovitz, Joshua)
January 3, 2020 Opinion or Order Filing 94 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ronald E. Cook to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18418070. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Attachments: #1 Affidavit in support of motion, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Moskovitz, Joshua) Modified on 1/3/2020 (wb).
January 3, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #94 MOTION for Ronald E. Cook to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18418070. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
December 27, 2019 Opinion or Order Filing 93 MOTION to Dismiss Memorandum of Law in Support of the State's Motion to Dismiss First Amended Complaint. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer.(Lunsford, William)
December 27, 2019 Opinion or Order Filing 92 NOTICE of Notice of Motion to Dismiss the First Amended Class Action Complaint. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Lunsford, William)
December 17, 2019 Opinion or Order Filing 91 ELECTRONIC SUMMONS ISSUED as to Thomas Napoli. (pne)
December 17, 2019 Opinion or Order Filing 90 ELECTRONIC SUMMONS ISSUED as to Michael Bertone. (pne)
December 17, 2019 Opinion or Order Filing 89 ELECTRONIC SUMMONS ISSUED as to William Lee. (pne)
December 16, 2019 Opinion or Order Filing 88 REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Napoli, re: #82 Amended Complaint,. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Reeves, Colin)
December 16, 2019 Opinion or Order Filing 87 REQUEST FOR ISSUANCE OF SUMMONS as to William Lee, re: #82 Amended Complaint,. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Reeves, Colin)
December 16, 2019 Opinion or Order Filing 86 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Bertone, re: #82 Amended Complaint,. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Reeves, Colin)
December 16, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Joshua Samuel Moskovitz to RE-FILE Document No. #84 Request for Issuance of Summons, #85 Request for Issuance of Summons, #83 Request for Issuance of Summons. The filing is deficient for the following reason(s): caption error (plaintiffs); if all party names do not fit in the space provided, us the name of the first listed plaintiff followed by 'et al.'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the corrected summons form PDF. (pne)
December 13, 2019 Opinion or Order Filing 85 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Napoli, re: #82 Amended Complaint,. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Reeves, Colin) Modified on 12/16/2019 (pne).
December 13, 2019 Opinion or Order Filing 84 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Michael Bertone, re: #82 Amended Complaint,. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Reeves, Colin) Modified on 12/16/2019 (pne).
December 13, 2019 Opinion or Order Filing 83 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William Lee, re: #82 Amended Complaint,. Document filed by Khaldoun Alshamiri, David Feliciano, Derek Gleixner, Roland Sofo, Brian Sughrim. (Reeves, Colin) Modified on 12/16/2019 (pne).
December 13, 2019 Opinion or Order Filing 82 FIRST AMENDED COMPLAINT amending #1 Complaint, against Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer, William Lee, Michael Bertone, Thomas Napoli with JURY DEMAND.Document filed by David Feliciano, Brian Sughrim, Roland Sofo, Derek Gleixner, Khaldoun Alshamiri. Related document: #1 Complaint,.(Moskovitz, Joshua)
December 12, 2019 Opinion or Order Filing 81 INITIAL SCHEDULING ORDER: Having reviewed the Parties' Joint Motion for Entry of Initial Scheduling Order (the "Motion"), the Court hereby grants the Motion and enters the following schedule for briefing and discovery related to Defendants' Motion to Dismiss and Plaintiffs' Motions for Preliminary Injunction and Class Certification:December 13, 2019: Plaintiffs file an Amended Complaint. December 27, 2019: The State files its Motion to Dismiss the Amended Complaint. January 10, 2020: The Parties exchange Initial Disclosures pursuant to FEDERAL RULE OF CIVIL, PROCEDURE 26(a)(l). January 13, 2020: Plaintiffs file their Opposition to the State's Motion to Dismiss. January 17, 2020: The State files its Opposition to Plaintiffs' Motion for Preliminary Injunction. January 21, 2020: The State files its Reply in Support of Motion to Dismiss. Until March 10, 2020: The Parties engage in limited discovery related to Plaintiffs' Motion for Preliminary Injunction and anticipated Motion for Class Certification. March 10, 2020: Plaintiffs file their Reply in Support of their Motion for Preliminary Injunction. March 24, 2020: Plaintiffs file their Motion for Class Certification. April 17, 2020: The State files its Opposition to Plaintiffs' Motion for Class Certification. April 24, 2020: Plaintiffs file their Reply in Support of their Motion for Class Certification. The Court will schedule an evidentiary hearing on Plaintiffs' Motion for Preliminary Injunction following its decisions on the State's Motion to Dismiss and Plaintiffs' Motion for Class Certification. Amended Pleadings due by 12/13/2019. Motions due by 3/24/2020. Responses due by 4/17/2020 Replies due by 4/24/2020. Discovery due by 3/10/2020. (Signed by Judge Ronnie Abrams on 12/12/2019) (rj)
December 11, 2019 Opinion or Order Filing 80 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Preliminary Injunction Amicus Brief in Support of Plaintiffs. Document filed by New York State Correctional Officers and Police Benevolent Association, Inc.,.(Schaefer, Lawrence) Modified on 5/18/2020 (ldi).
December 10, 2019 Opinion or Order Filing 79 PROPOSED SCHEDULING ORDER. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Text of Proposed Order Proposed Initial Scheduling Order) (Lunsford, William)
December 10, 2019 Opinion or Order Filing 78 ORDER granting #77 Letter Motion for Extension of Time. Application granted. (Signed by Judge Ronnie Abrams on 12/10/2019) (rj)
December 9, 2019 Opinion or Order Filing 77 JOINT LETTER MOTION for Extension of Time to submit the parties' proposed scheduling order addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated December 9, 2019. Document filed by David Feliciano, Brian Sughrim.(Moskovitz, Joshua)
December 9, 2019 Opinion or Order Filing 76 MEMO ENDORSEMENT granting #75 Letter Motion for Leave to File Document. ENDORSEMENT: Application granted. (Signed by Judge Ronnie Abrams on 12/9/2019) (mro)
December 9, 2019 Opinion or Order Filing 75 FIRST MOTION for Leave to File Motion to file Amicus Brief in Support of Plaintiff Motion for Preliminary Injunction. Document filed by New York State Correctional Officers and Police Benevolent Association, Inc.,.(Schaefer, Lawrence)
December 9, 2019 Opinion or Order Filing 74 NOTICE OF APPEARANCE by Lawrence Henry Schaefer on behalf of New York State Correctional Officers and Police Benevolent Association, Inc.,. (Schaefer, Lawrence)
December 6, 2019 Opinion or Order Filing 73 ORDER granting #70 Letter Motion for Leave to File Document. Application granted. Mr. Schaefer may file a notice of appearance to seek leave to submit an amicus brief. If Mr. Schaefer needs assistance with the filing procedures, he may call ECF Help Desk at (212) 805-0800. (Signed by Judge Ronnie Abrams on 12/6/2019) (rj)
December 6, 2019 Opinion or Order Filing 72 ORDER: On the consent of the parties, during the pendency of this action, Defendant New York State Department of Corrections and Community Supervision (NYS DOCCS) and Defendant Annucci, acting in his official capacity, agree not to retaliate against any corrections officer for requesting to wear a beard for religious reasons. In addition, Defendants NYS DOCCS and Annucci agree that pending the Court's ruling on Plaintiffs' motion for a preliminary injunction, any corrections officer may maintain a beard if the officer: 1) has filed a declaration in this action, or 2) has a pending religious accommodation request and is not assigned to a clean shaven post and does not regularly swap with an officer assigned to a clean shaving post. By this agreement, Defendants do not waive any jurisdictional or other arguments. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/6/2019) (va)
December 6, 2019 Opinion or Order Filing 71 REPLY MEMORANDUM OF LAW in Support re: #42 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by David Feliciano, Brian Sughrim. (Attachments: #1 Text of Proposed Order Proposed Temporary Restraining Order)(Moskovitz, Joshua)
December 6, 2019 Opinion or Order Filing 70 LETTER MOTION for Leave to File -- Lawrence Schaefer (SDNY Bar No. LHS1964) seeks permission to file a motion to submit an amicus brief on behalf of the New York State Correctional Officers and Police Benevolent Association, Inc. (NYSCOPBA), in support of the plaintiffs request for a preliminary injunction addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated December 6, 2019. Document filed by David Feliciano, Brian Sughrim.(Moskovitz, Joshua)
December 6, 2019 Opinion or Order Minute Entry for proceedings held before Judge Ronnie Abrams: Show Cause Hearing held on 12/6/2019. (Court Reporter Alena Lynch) (arc)
December 5, 2019 Opinion or Order Filing 69 DECLARATION of John Shipley in Support re: #60 LETTER MOTION for Conference addressed to Judge Ronnie Abrams from William R. Lunsford dated December 3, 2019.. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Lunsford, William)
December 5, 2019 Opinion or Order Filing 68 MEMORANDUM OF LAW in Opposition re: #62 Notice (Other), plaintiffs' response to defendants' motion to dissolve the TRO. Document filed by David Feliciano, Brian Sughrim. (Moskovitz, Joshua)
December 5, 2019 Opinion or Order Filing 67 DECLARATION of Joshua S. Moskovitz in Opposition re: #62 Notice (Other),. Document filed by David Feliciano, Brian Sughrim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Moskovitz, Joshua)
December 4, 2019 Opinion or Order Filing 66 ORDER: The Court will hold a hearing on December 6, 2019 at 3:30 PM in Courtroom 14D at 500 Pearl Street on the validity and scope of the provision of the November 27, 2019 Order stating that, "pending the hearing and determination of this motion, Defendants are restrained, enjoined, and stayed from taking any adverse action against Plaintiffs and any other DOCCS Correctional Officer because they wear a bear or requested an accommodation to wear a beard for religious reasons." Dkt. 56. Plaintiffs shall file a response to Defendants' motion to dissolve the temporary restraining order by 5 P.M. on December 5, 2019. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/4/2019) ( Responses due by 12/5/2019, Show Cause Hearing set for 12/6/2019 at 03:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Ronnie Abrams.) (ks)
December 4, 2019 Opinion or Order Filing 65 LETTER MOTION for Conference addressed to Judge Ronnie Abrams from William R. Lunsford dated December 4, 2019. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer.(Lunsford, William)
December 4, 2019 Opinion or Order Filing 64 DECLARATION of Stephen Rogers in Support re: #60 LETTER MOTION for Conference addressed to Judge Ronnie Abrams from William R. Lunsford dated December 3, 2019.. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Exhibit A)(Lunsford, William)
December 4, 2019 Opinion or Order Filing 63 BRIEF re: #62 Notice (Other), Memorandum of Law in Support of Motion to Dissolve Temporary Restraining Order Pursuant to Federal Rule of Civil Procedure 65(B)(4). Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer.(Lunsford, William)
December 4, 2019 Opinion or Order Filing 62 NOTICE of Notice of Motion to Dissolve Temporary Restraining Order Pursuant to Federal Rule of Civil Procedure 65(B)(4). Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Lunsford, William)
December 3, 2019 Opinion or Order Filing 61 DECLARATION of Fred Szafranski in Support re: #42 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by David Feliciano, Brian Sughrim. (Moskovitz, Joshua)
December 3, 2019 Opinion or Order Filing 60 LETTER MOTION for Conference addressed to Judge Ronnie Abrams from William R. Lunsford dated December 3, 2019. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer.(Lunsford, William)
December 3, 2019 Opinion or Order Filing 59 DECLARATION of John Shipley in Support re: #55 MOTION to Dismiss Memorandum of Law in Support of the State's Motion to Dismiss.. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Lunsford, William)
December 3, 2019 Opinion or Order Filing 58 LETTER MOTION to Continue limited temporary restraining order addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated December 3, 2019., LETTER MOTION for Conference concerning scheduling of hearing addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated December 3, 2019. Document filed by David Feliciano, Brian Sughrim.(Moskovitz, Joshua)
December 3, 2019 Opinion or Order Filing 57 DECLARATION of John Shipley in Support re: #55 MOTION to Dismiss Memorandum of Law in Support of the State's Motion to Dismiss.. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Lunsford, William)
December 2, 2019 Opinion or Order Filing 55 MOTION to Dismiss Memorandum of Law in Support of the State's Motion to Dismiss. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer.(Lunsford, William)
December 2, 2019 Opinion or Order Filing 54 NOTICE of Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. Proc. 12(B)(1) and 12(B)(6). Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Lunsford, William)
December 2, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney William Lunsford to RE-FILE Document #51 MOTION to Dismiss . ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db)
December 1, 2019 Opinion or Order Filing 52 LETTER MOTION for Conference re: #43 Memorandum of Law in Support of Motion, #42 EMERGENCY MOTION for Temporary Restraining Order . addressed to Judge Ronnie Abrams from William R. Lunsford dated 12/01/2019. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer.(Lunsford, William)
November 29, 2019 Opinion or Order Filing 51 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Supplement Memorandum of Law in Support of the State's Motion to Dismiss, #2 Affidavit Declaration of John Shipley)(Lunsford, William) Modified on 12/2/2019 (db).
November 27, 2019 Opinion or Order Filing 56 ORDER TO SHOW CAUSE. It is hereby ORDERED that Defendants show cause before Hon. Ronnie Abrams in Courtroom 1506, United States Courthouse, 40 Foley Square, New York, New York 10007, on December 6, 2019, at 3:30 p.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining and restraining Defendants and each of them, pending the final determination of this action, from taking any adverse action against Plaintiffs and any other DOCCS Correctional Officer because they wear a beard or requested an accommodation to wear a beard for religious reasons, and granting such other and further relief as may be just and proper; and it is further ORDERED that pending the hearing and determination of this motion, Defendants are restrained, enjoined, and stayed from taking any adverse action against Plaintiffs and any other DOCCS Correctional Officer because they wear a beard or requested an accommodation to wear a beard for religious reasons; and it is further ORDERED that electronic service of a copy of this Order together with the papers on which it is granted, upon Defendants' counsel of record on or before December 3, 2019, shall be good and sufficient service upon defendants; and it is further ORDERED that at least three (3) days before the return date of this Motion, Plaintiffs must serve upon attorneys for Defendants any additional supporting papers; at least one (1) day before the return date of this Motion, Defendants must serve any answering papers upon attorneys for Plaintiffs; and no later than the return date of this motion, Plaintiff shall serve upon attorneys for Defendants any reply papers. ENTER. (Show Cause Hearing set for 12/6/2019 at 03:30 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Victor Marrero, Part I on 11/27/19) (yv)
November 27, 2019 Opinion or Order Filing 53 ORDER TO SHOW CAUSE Defendants shall show cause as to why an order should not be issued pursuant to Rule 65 of the federal Rules of Civil Procedure enjoining and restraining Defendants and each of them, pending the final determination of this action.... and it is further ordered that electronic service of a copy of this Order together with the papers on which it is granted, upon Defendants' counsel of record on or before December 3, 2019, shall be good and sufficient service upon defendants defendants and it is further ordered that at least (3) days before the return date of this Motion, Plaintiffs must serve upon attorneys for defendants any additional supporting papers; at least (1) one day before the return date of this Motion, Defendants must serve any answering papers upon attorneys for Plaintiffs; and no later than the return date of this motion, Plaintiff shall serve upon attorneys for Defendants and reply papers. So ordered Show Cause Hearing set for 12/6/2019 at 03:30 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Victor Marrero Part I Judge on 11/27/2019) (js) Modified on 12/2/2019 (js).
November 27, 2019 Opinion or Order Filing 50 LETTER addressed to Judge Ronnie Abrams from Joshua S. Moskovitz dated November 27, 2019 re: emergency temporary restraining order. Document filed by David Feliciano, Brian Sughrim. (Attachments: #1 Text of Proposed Order Proposed Order to Show Cause)(Moskovitz, Joshua)
November 27, 2019 Opinion or Order Filing 49 DECLARATION of Roland Sofo in Support re: #42 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by David Feliciano, Brian Sughrim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Moskovitz, Joshua)
November 27, 2019 Opinion or Order Filing 48 DECLARATION of Khaldoun Alshamiri in Support re: #42 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by David Feliciano, Brian Sughrim. (Moskovitz, Joshua)
November 27, 2019 Opinion or Order Filing 47 DECLARATION of Derek Gleixner in Support re: #42 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by David Feliciano, Brian Sughrim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Moskovitz, Joshua)
November 27, 2019 Opinion or Order Filing 46 DECLARATION of David Feliciano in Support re: #42 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by David Feliciano, Brian Sughrim. (Moskovitz, Joshua)
November 27, 2019 Opinion or Order Filing 45 DECLARATION of Brian Sughrim in Support re: #42 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by David Feliciano, Brian Sughrim. (Moskovitz, Joshua)
November 27, 2019 Opinion or Order Filing 44 DECLARATION of Joshua S. Moskovitz in Support re: #42 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by David Feliciano, Brian Sughrim. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Text of Proposed Order Proposed Order to Show Cause)(Moskovitz, Joshua)
November 27, 2019 Opinion or Order Filing 43 MEMORANDUM OF LAW in Support re: #42 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by David Feliciano, Brian Sughrim. (Moskovitz, Joshua)
November 27, 2019 Opinion or Order Filing 42 EMERGENCY MOTION for Temporary Restraining Order . Document filed by David Feliciano, Brian Sughrim.(Moskovitz, Joshua)
November 25, 2019 Opinion or Order Filing 41 ORDER granting #39 Motion for Stephen Clarence Rogers to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
November 25, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Stephen Clarence Rogers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18133068. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 22, 2019 Opinion or Order Filing 40 NOTICE OF APPEARANCE by Melissa Kay Marler on behalf of Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Marler, Melissa)
November 22, 2019 Opinion or Order Filing 39 MOTION for Stephen Clarence Rogers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18133068. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Affidavit of Stephen C. Rogers, #2 Exhibit Certificate of Good Standing for the State of Alabama, #3 Exhibit Certificate of Good Standing for the State of Tennessee, #4 Text of Proposed Order Order for Admission Pro Hac Vice)(Rogers, Stephen)
November 22, 2019 Opinion or Order Filing 38 ORDER granting #37 Motion for William Richard Lunsford to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
November 22, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for William Richard Lunsford to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 21, 2019 Opinion or Order Filing 37 MOTION for William Richard Lunsford to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Affidavit of William R. Lunsford, #2 Exhibit Certificate of Good Standing for the State of Alabama, #3 Exhibit Certificate of Good Standing for the State of Missouri, #4 Text of Proposed Order Order for Admission Pro Hac Vice)(Lunsford, William)
November 19, 2019 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #36 MOTION for William Richard Lunsford to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): If you are not admitted to the Supreme Court of Florida, there is no need to include the District Court Certficates of Good Standing;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
November 18, 2019 Opinion or Order Filing 36 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for William Richard Lunsford to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Affidavit of William R. Lunsford, #2 Exhibit Certificate of Good Standing for the State of Alabama, #3 Exhibit Certificate of Good Standing for the State of Missouri, #4 Exhibit Certificate of Good Standing for the United States District Court for the Northern District of Florida, #5 Text of Proposed Order Order for Admission Pro Hac Vice)(Lunsford, William) Modified on 11/19/2019 (aea).
November 18, 2019 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #35 MOTION for William Richard Lunsford to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF FLORIDA;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
November 15, 2019 Opinion or Order Filing 35 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for William Richard Lunsford to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Affidavit of William R. Lunsford, #2 Exhibit Certificate of Good Standing for the State of Alabama, #3 Exhibit Certificate of Good Standing for the State of Missouri, #4 Text of Proposed Order Order for Admission Pro Hac Vice)(Lunsford, William) Modified on 11/18/2019 (vba).
November 14, 2019 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #34 MOTION for William Richard Lunsford to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18056124. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Missing Certificates of Good Standing from the Supreme Court of Alabama.; missing Proposed Order;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
November 13, 2019 Opinion or Order Filing 34 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for William Richard Lunsford to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18056124. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Attachments: #1 Affidavit of William R. Lunsford, #2 Certificate of Good Standing for William R. Lunsford - Alabama, #3 Certificate of Good Standing for William R. Lunsford - Missouri)(Lunsford, William) Modified on 11/14/2019 (bcu).
October 7, 2019 Opinion or Order Filing 33 ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 12/13/2019 at 10:30 AM in Courtroom 1506, 40 Foley Square, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 10/7/2019) (rj)
September 25, 2019 Opinion or Order Filing 32 ORDER granting #31 Letter Motion for Extension of Time to Answer re #1 Complaint,. Application granted. SO ORDERED. Anthony J. Annucci answer due 12/2/2019; Leory Fields answer due 12/2/2019; James Johnson answer due 12/2/2019; New York State Department of Corrections and Community Supervision answer due 12/2/2019; John A. Shipley answer due 12/2/2019; State of New York answer due 12/2/2019; Stephen Urbanski answer due 12/2/2019; Na-Kia Walton answer due 12/2/2019; Alan Washer answer due 12/2/2019. (Signed by Judge Ronnie Abrams on 9/25/2019) (rj)
September 24, 2019 Opinion or Order Filing 31 LETTER MOTION for Extension of Time to File Answer addressed to Judge Ronnie Abrams from Barbara K. Hathaway dated September 24, 2019. Document filed by New York Attorney General's Office.(Hathaway, Barbara)
September 13, 2019 Opinion or Order Filing 30 SUMMONS RETURNED EXECUTED. Leory Fields served on 9/9/2019, answer due 9/30/2019. Service was accepted by Lt. Sawyer, Authorized Agent. Document filed by David Feliciano; Brian Sughrim. (Moskovitz, Joshua)
September 13, 2019 Opinion or Order Filing 29 SUMMONS RETURNED EXECUTED. Alan Washer served on 9/9/2019, answer due 9/30/2019. Service was accepted by Lt. Sawyer, Authorized Agent. Document filed by David Feliciano; Brian Sughrim. (Moskovitz, Joshua)
September 13, 2019 Opinion or Order Filing 28 SUMMONS RETURNED EXECUTED. Stephen Urbanski served on 9/9/2019, answer due 9/30/2019. Service was accepted by Lt. Sawyer, Authorized Agent. Document filed by David Feliciano; Brian Sughrim. (Moskovitz, Joshua)
September 13, 2019 Opinion or Order Filing 27 SUMMONS RETURNED EXECUTED. James Johnson served on 9/9/2019, answer due 9/30/2019. Service was accepted by Lt. Sawyer, Authorized Agent. Document filed by David Feliciano; Brian Sughrim. (Moskovitz, Joshua)
September 13, 2019 Opinion or Order Filing 26 SUMMONS RETURNED EXECUTED. Anthony J. Annucci served on 9/5/2019, answer due 9/26/2019. Service was accepted by Jared Sanford, Esq., Co-Worker. Document filed by David Feliciano; Brian Sughrim. (Moskovitz, Joshua)
September 13, 2019 Opinion or Order Filing 25 SUMMONS RETURNED EXECUTED. Na-Kia Walton served on 9/5/2019, answer due 9/26/2019. Service was accepted by Jared Sanford, Esq., Co-Worker. Document filed by David Feliciano; Brian Sughrim. (Moskovitz, Joshua)
September 13, 2019 Opinion or Order Filing 24 SUMMONS RETURNED EXECUTED. John A. Shipley served on 9/5/2019, answer due 9/26/2019. Service was accepted by Jared Sanford, Esq., Co-Worker. Document filed by David Feliciano; Brian Sughrim. (Moskovitz, Joshua)
September 13, 2019 Opinion or Order Filing 23 SUMMONS RETURNED EXECUTED. New York State Department of Corrections and Community Supervision served on 9/5/2019, answer due 9/26/2019. Service was accepted by Jared Sanford, Esq., Agent. Document filed by David Feliciano; Brian Sughrim. (Moskovitz, Joshua)
September 6, 2019 Opinion or Order Filing 22 SUMMONS RETURNED EXECUTED. State of New York served on 9/3/2019, answer due 9/24/2019. Service was accepted by Puja Nag, Clerk. Document filed by David Feliciano; Brian Sughrim. (Moskovitz, Joshua)
August 29, 2019 Opinion or Order Filing 21 ELECTRONIC SUMMONS ISSUED as to Alan Washer. (sj)
August 29, 2019 Opinion or Order Filing 20 ELECTRONIC SUMMONS ISSUED as to James Johnson. (sj)
August 29, 2019 Opinion or Order Filing 19 ELECTRONIC SUMMONS ISSUED as to Stephen Urbanski. (sj)
August 29, 2019 Opinion or Order Filing 18 ELECTRONIC SUMMONS ISSUED as to Leory Fields. (sj)
August 29, 2019 Opinion or Order Filing 17 ELECTRONIC SUMMONS ISSUED as to Na-Kia Walton. (sj)
August 29, 2019 Opinion or Order Filing 16 ELECTRONIC SUMMONS ISSUED as to John A. Shipley. (sj)
August 29, 2019 Opinion or Order Filing 15 ELECTRONIC SUMMONS ISSUED as to Anthony J. Annucci. (sj)
August 29, 2019 Opinion or Order Filing 14 ELECTRONIC SUMMONS ISSUED as to New York State Department of Corrections and Community Supervision. (sj)
August 29, 2019 Opinion or Order Filing 13 ELECTRONIC SUMMONS ISSUED as to State of New York. (sj)
August 28, 2019 Opinion or Order Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to ALAN WASHER, re: #1 Complaint,. Document filed by David Feliciano, Brian Sughrim. (Reeves, Colin)
August 28, 2019 Opinion or Order Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to JAMES JOHNSON, re: #1 Complaint,. Document filed by David Feliciano, Brian Sughrim. (Reeves, Colin)
August 28, 2019 Opinion or Order Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to STEPHEN URBANSKI, re: #1 Complaint,. Document filed by David Feliciano, Brian Sughrim. (Reeves, Colin)
August 28, 2019 Opinion or Order Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to LEROY FIELDS, re: #1 Complaint,. Document filed by David Feliciano, Brian Sughrim. (Reeves, Colin)
August 28, 2019 Opinion or Order Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to NA-KIA WALTON, re: #1 Complaint,. Document filed by David Feliciano, Brian Sughrim. (Reeves, Colin)
August 28, 2019 Opinion or Order Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to JOHN A. SHIPLEY, re: #1 Complaint,. Document filed by David Feliciano, Brian Sughrim. (Reeves, Colin)
August 28, 2019 Opinion or Order Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Anthony J. Annucci, re: #1 Complaint,. Document filed by David Feliciano, Brian Sughrim. (Reeves, Colin)
August 28, 2019 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to New York State Department of Corrections and Community Supervision, re: #1 Complaint,. Document filed by David Feliciano, Brian Sughrim. (Reeves, Colin)
August 28, 2019 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to State of New York, re: #1 Complaint,. Document filed by David Feliciano, Brian Sughrim. (Moskovitz, Joshua)
August 28, 2019 Opinion or Order Filing 3 CIVIL COVER SHEET filed. (Moskovitz, Joshua)
August 27, 2019 Opinion or Order Filing 2 NOTICE OF APPEARANCE by Colin R Reeves on behalf of David Feliciano, Brian Sughrim. (Reeves, Colin)
August 27, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Joshua Samuel Moskovitz. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
August 27, 2019 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
August 27, 2019 Opinion or Order Case Designated ECF. (pc)
August 27, 2019 Opinion or Order Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc)
August 26, 2019 Opinion or Order Filing 1 COMPLAINT against Anthony J. Annucci, Leory Fields, James Johnson, New York State Department of Corrections and Community Supervision, John A. Shipley, State of New York, Stephen Urbanski, Na-Kia Walton, Alan Washer. (Filing Fee $ 400.00, Receipt Number ANYSDC-17494093)Document filed by David Feliciano, Brian Sughrim.(Moskovitz, Joshua)

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Search for this case: Sughrim et al v. State of New York et al
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Defendant: Alan Washer
Represented By: William Lunsford
Represented By: John Michael Hintz
Represented By: Kenneth Steely
Represented By: Matthew Reeves
Represented By: Melissa Kay Marler
Represented By: Stephen Clarence Rogers
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Defendant: John A. Shipley
Represented By: William Lunsford
Represented By: John Michael Hintz
Represented By: Kenneth Steely
Represented By: Matthew Reeves
Represented By: Melissa Kay Marler
Represented By: Stephen Clarence Rogers
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Defendant: New York State Department of Corrections and Community Supervision
Represented By: William Lunsford
Represented By: John Michael Hintz
Represented By: Kenneth Steely
Represented By: Matthew Reeves
Represented By: Melissa Kay Marler
Represented By: Stephen Clarence Rogers
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Defendant: State of New York
Represented By: William Lunsford
Represented By: John Michael Hintz
Represented By: Kenneth Steely
Represented By: Matthew Reeves
Represented By: Melissa Kay Marler
Represented By: Stephen Clarence Rogers
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Defendant: Anthony J. Annucci
Represented By: William Lunsford
Represented By: John Michael Hintz
Represented By: Kenneth Steely
Represented By: Matthew Reeves
Represented By: Melissa Kay Marler
Represented By: Stephen Clarence Rogers
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Defendant: Na-Kia Walton
Represented By: William Lunsford
Represented By: John Michael Hintz
Represented By: Kenneth Steely
Represented By: Matthew Reeves
Represented By: Melissa Kay Marler
Represented By: Stephen Clarence Rogers
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Defendant: Stephen Urbanski
Represented By: William Lunsford
Represented By: John Michael Hintz
Represented By: Kenneth Steely
Represented By: Matthew Reeves
Represented By: Melissa Kay Marler
Represented By: Stephen Clarence Rogers
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Defendant: James Johnson
Represented By: William Lunsford
Represented By: John Michael Hintz
Represented By: Matthew Reeves
Represented By: Melissa Kay Marler
Represented By: Stephen Clarence Rogers
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Defendant: Leory Fields
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Defendant: Leroy Fields
Represented By: William Lunsford
Represented By: John Michael Hintz
Represented By: Matthew Reeves
Represented By: Melissa Kay Marler
Represented By: Stephen Clarence Rogers
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Defendant: William Lee
Represented By: John Michael Hintz
Represented By: Kenneth Steely
Represented By: Matthew Reeves
Represented By: Melissa Kay Marler
Represented By: William Lunsford
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Defendant: Michael Bertone
Represented By: John Michael Hintz
Represented By: Kenneth Steely
Represented By: Matthew Reeves
Represented By: Melissa Kay Marler
Represented By: William Lunsford
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Defendant: Thomas Napoli
Represented By: John Michael Hintz
Represented By: Kenneth Steely
Represented By: Matthew Reeves
Represented By: Melissa Kay Marler
Represented By: William Lunsford
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Plaintiff: David Feliciano
Represented By: Joshua Samuel Moskovitz
Represented By: Colin R Reeves
Represented By: Calla Ketchens
Represented By: Deema Azizi
Represented By: Jeffrey F Kinkle
Represented By: Jonathan C Moore
Represented By: Luna Droubi
Represented By: Ronald E. Cook
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Plaintiff: Brian Sughrim
Represented By: Joshua Samuel Moskovitz
Represented By: Colin R Reeves
Represented By: Calla Ketchens
Represented By: Deema Azizi
Represented By: Jeffrey F Kinkle
Represented By: Jonathan C Moore
Represented By: Luna Droubi
Represented By: Ronald E. Cook
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Plaintiff: Roland Sofo
Represented By: Joshua Samuel Moskovitz
Represented By: Calla Ketchens
Represented By: Colin R Reeves
Represented By: Deema Azizi
Represented By: Jeffrey F Kinkle
Represented By: Jonathan C Moore
Represented By: Luna Droubi
Represented By: Ronald E. Cook
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Plaintiff: Derek Gleixner
Represented By: Joshua Samuel Moskovitz
Represented By: Calla Ketchens
Represented By: Colin R Reeves
Represented By: Deema Azizi
Represented By: Jeffrey F Kinkle
Represented By: Jonathan C Moore
Represented By: Luna Droubi
Represented By: Ronald E. Cook
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Plaintiff: Khaldoun Alshamiri
Represented By: Joshua Samuel Moskovitz
Represented By: Calla Ketchens
Represented By: Colin R Reeves
Represented By: Deema Azizi
Represented By: Jeffrey F Kinkle
Represented By: Jonathan C Moore
Represented By: Luna Droubi
Represented By: Ronald E. Cook
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Interested party: New York Attorney General's Office
Represented By: Barbara Kathryn Hathaway
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Amicus curiae: New York State Correctional Officers and Police Benevolent Association, Inc.,
Represented By: Lawrence Henry Schaefer
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