Brown et al v. Annucci et al
| Byron K. Brown, Carlos Arriaga, Terrence Turner, David Louime, Antwon Dennis, Robert Campbell, Gregory White, Shantee Brooks, Eligidio Lind, Teddy Williams, Hector L. DeJesus, Apolinar Roque, Ricardo Corbin, Terel Overton, Alex Martinez, Deshard Wright, Clayton Scott, Michael A. Crane, Kevin Bussey, Eric Pek, Vaughn Campbell, Ivan T. Ramos, Daniel Jones, Dwayne Reed, Ivan Seabrooks, James Scott, Alen Haymon, Alfonso A. Howard, Stephen Robinson and Trevor Price |
| Commissioner Anthony Annucci, Sergeant Joseph, John Doe, Sgt. B. Joseph, Captain N, Captain C. Nixon and C.O. Patricia Chumney |
| New York State Office of the Attorney General |
| 7:2023cv06056 |
| July 13, 2023 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 33 SUMMONS ISSUED as to Patricia Chumney. (nb) |
| FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 12/1/2023 Re: Judge Cathy Seibel #32 Order. The following document(s) were enclosed in the Service Package: Second Amended Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Patricia Chumney. (nb) |
| Mailed a copy of #32 Order to Byron K. Brown DIN: 98A2129 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (nb) |
Filing 32
ORDER: Defendants' time to respond to the operative Complaint in each of the above-captioned cases is extended to 21 days after all Defendants in the case have been served. Moving forward, any document that is intended to be applicable to all cases related to Brown v. Annucci, No. 23-CV-6056, need only be filed on the Brown docket, as it is the lead case. Any such pleading should include a caption stating "This Document Relates to All Related Actions," to ensure the streamlined disposition of these matters. Any pleading that is intended to apply to only one of the related cases or to a subset of the related cases shall only be filed on the docket of the relevant case(s) to which it applies. In each of the following twelve cases, Plaintiffs have amended their respective complaints to name a Patricia Chumney as a Defendant: Brown v. Annucci, et al., No. 23-CV-6056; Pek v. Annucci, et al., No. 23-CV-6914; Louime v. Annucci, et al., No. 23-CV-6898; Reed v. Annucci, et al., No. 23-CV-6918; Brooks v. Annucci, et al., No. 23-CV-6902; Haymon v. Annucci, et al., No. 23-CV-6922; DeJesus v. Annucci, et al., No. 23-CV-6905; Howard v. Annucci, et al., No. 23-CV-6923; Lind v. Annucci, et al., No. 23-CV-6903; Seabrooks v. Annucci, et al., No. 23-CV-6919; Williams v. Annucci, et al., No. 23-CV-6904; and Wright v. Annucci, et al., No. 23-CV-6910. This order supersedes any and all earlier orders of service entered in any of these cases concerning Defendant Chumney.To ensure that Defendant Chumney is properly served in each of these twelve cases, the Clerk of Court is respectfully directed to: (1) fill out a U.S. Marshals Service Process Receipt form (USM-285) form for Defendant Chumney and; (2) issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendant Chumney at the below address: C/O Deputy Counsel Mark Richter, Department of Corrections and Community Supervision, Office of Counsel, The Harriman State Campus, Building 4, 1220 Washington Avenue, Albany, New York 1226. The Clerk of Court shall do so separately for each of the twelve cases. The Clerk of Court is also respectfully directed to docket this Order in each of the above-captioned cases. SO ORDERED. (Signed by Judge Cathy Seibel on 11/22/2023) (mml) Transmission to Pro Se Assistants for processing.
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| Filing 31 LETTER addressed to Judge Cathy Seibel from Jennifer L. Goltche dated November 21, 2023 re: Clarification of Defendants' Time to Respond to Amended Pleadings and OAG Response to Valentin Order. Document filed by Anthony Annucci, B. Joseph. (Attachments: #1 Affidavit of Service).(Goltche, Jennifer) |
| Filing 30 SUMMONS ISSUED as to Patricia Chumney. (nb) |
| FRCP 4 SERVICE PACKAGE DELIVERED TO U.S.M.: on 11/20/2023 Re: Judge Cathy Seibel 29 Order. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Patricia Chumney. (nb) |
| Mailed a copy of 29 Order to Byron K. Brown DIN: 98A2129 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (nb) |
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Filing 29
ORDER: As explained in the earlier order of service entered in this case, which I incorporate by reference herein, Plaintiff is entitled to rely on the Court and the U.S. Marshals Service to effect service. See ECF No. 11. Accordingly, the Clerk of Court is respectfully directed to fill out a U.S. Marshals Service Process Receipt and Return form ("USM-285 form") for the new Defendant named in Plaintiff's Second Amended Complaint, Patricia Chumney. See ECF No. 28. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendant Patricia Chumney at 1220 Washington Avenue #9, Albany, New York 12226. Insofar as service cannot be effected within ninety days, Plaintiff should request an extension of time for service. See ECF No. 11 at 2. All Defendants' time to respond to the Second Amended Complaint is extended to 21 days following completion of service of the Second Amended Complaint on the new Defendant. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (FP) Transmission to Office of the Clerk of Court for processing.
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| Filing 28 2ND AMENDED COMPLAINT, Re: amending #15 Amended Complaint, against Anthony Annucci, Patricia Chumney, B. Joseph with JURY DEMAND.Document filed by Byron K. Brown. Related document: #15 Amended Complaint.(sc) |
| Filing 27 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint, served. Joseph served on 11/1/2023, answer due 11/22/2023. Service was accepted by R. Gardiner/Laison Security. Document filed by Byron K. Brown. (sc) |
| Filing 26 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint, served. Anthony Annucci served on 10/27/2023, answer due 11/17/2023. Service was accepted by Patrick Domery, Assoc. Counsel. Document filed by Byron K. Brown. (sc) |
| Mailed a copy of 25 Order on Motion for Extension of Time to Answer, to Byron K. Brown DIN: 98A2129 at Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (sha) |
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time to Answer and OAG Response to Valentin Order addressed to Judge Cathy Seibel from Jennifer L. Goltche dated October 16, 2023: As previously ordered, Plaintiff shall submit his Second Amended Complaint within 30 days of receipt of AAG Goltche's 10/16/23 letter. The Court will thereafter order service on any new Defendant. All Defendants' time to respond to the Complaint is extended to 21 days following completion of service of the Amended Complaint on any new Defendant(s). (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 24 LETTER MOTION for Extension of Time to File Answer and OAG Response to Valentin Order addressed to Judge Cathy Seibel from Jennifer L. Goltche dated October 16, 2023. Document filed by New York State Office of the Attorney General. (Attachments: #1 Affidavit of Service).(Goltche, Jennifer) |
| Filing 23 LETTER addressed to Judge Cathy Seibel from Jennifer L. Goltche dated October 16, 2023 re: OAG Response to Valentin Order. Document filed by Anthony Annucci, Joseph. (Attachments: #1 Affidavit Certificate of Service).(Goltche, Jennifer) |
| Mailed a copy of 22 Order on Motion for Extension of Time to Answer, to Byron K. Brown DIN: 98A2129 at Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (sha) |
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time to Answer: Defendant Annucci may have until 21 days after he is served with the Amended Complaint ("AC") to respond. That date will be the date the AC is filed, if the Attorney General ("AG") will be representing Defendant Annucci, a decision I expect can be made before the AG responds to the Valentin Order or soon thereafter. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Mailed a copy of 20 Order on Motion for Extension of Time to Answer, to Byron K. Brown DIN: 98A2129 at Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (sha) |
| Filing 21 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint addressed to Judge Cathy Seibel from Jennifer L. Goltche dated September 21, 2023. Document filed by Anthony Annucci..(Goltche, Jennifer) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to Answer: Defendant Joseph may have until 21 days after he is served with the Amended Complaint ("AC") to respond. That date will be the date the AC is filed, if the Attorney General ("AG") will be representing Defendant Joseph, a decision I expect can be made before the AG responds to the Valentin Order or soon thereafter. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 19 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint addressed to Judge Cathy Seibel from Jennifer L. Goltche dated September 20, 2023. Document filed by Joseph..(Goltche, Jennifer) |
| Mailed a copy of #18 Memo Endorsement, to Byron K. Brown DIN: 98A2129 at Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (sha) |
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Filing 18
MEMO ENDORSEMENT on re: #17 Letter, filed by Byron K. Brown. ENDORSEMENT: As Plaintiff has stated he did not intend to name Captain Nixon as a Defendant, and he does not believe Captain Nixon personally violated Plaintiff's rights, the claims are dismissed against Captain Nixon only. The Clerk of Court is respectfully directed to terminate Captain Nixon as a Defendant. SO ORDERED. C. Nixon terminated. (Signed by Judge Cathy Seibel on 9/7/2023) (mml)
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| Filing 17 LETTER addressed to Judge Cathy Seibel from Byron Brown dated 9/1/23 re: Plaintiff intentionally did not name "Capt. N.,"(Courtney C. Nixon) as a defendant in my complaint etc. Plaintiff asserts that Captain C. Nixon did issue an email. Captain C. Nixon did not have any involvement in the violation of Plaintiff's constitutional rights. Document filed by Byron K. Brown. (Attachments: #1 Exhibit 1)(sc) |
| Filing 16 LETTER from James Scott, dated 8/29/23 re: I wish to inform the Court that I did not file with the Court the above complaint nor did I instruct anyone to file the above complaint on my behalf. Document filed by James Scott.(sc) |
| Filing 15 AMENDED COMPLAINT, Re: amending #1 Complaint, against Anthony Annucci, John Doe(Escorting Officer, sued in their individual capacity), John Doe(Officer in Charge, sued in their individual capacity), Joseph, C. Nixon with JURY DEMAND.Document filed by Byron K. Brown. Related document: #1 Complaint. (Attachments: #1 Exhibit a, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I).(sc) (Additional attachment(s) added on 9/6/2023: #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N) (sc). |
| Mailed a copy of 14 Order on Motion to Appoint Counsel, to Byron K. Brown DIN: 98A2129 at Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562. (sha) |
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Filing 14
ORDER denying #4 Motion to Appoint Counsel: The Court has no authority to appoint counsel in civil cases. The most it can do is to see if there is a lawyer who would volunteer to take Plaintiff's case. There are many more unrepresented litigants seeking counsel than there are volunteers, and even those willing to volunteer usually are interested only when the case is much closer to trial. Under Hodge v. Police Officers, 802 F.2d 58 (2d Cir. 1986), in determining whether to seek a volunteer, I must first consider whether the claim is likely to be of substance, a conclusion I cannot reach at this stage, in light of case law suggesting that missing a single service does not rise the level required for a free exercise or RLUIPA claim. See, e.g., Williams v. Colby, No. 22-CV-4022), 2022 WL 2819579, at *4 (S.D.N.Y. July 18, 2022); Graham v. Mahmood, No. 05-CV-10071), 2008 WL 1849167, at *15 (S.D.N.Y. Apr. 22, 2008); Hankins v. NYS Dep't of Corr. Servs., No. 07-CV-408F, 2008 WL 2019655, at *6 (N.D.N.Y. Mar. 10, 2008). Even I could conclude the claim was likely to be of substance, I would then have to consider "the indigent's ability to investigate the crucial facts, whether conflicting evidence implicating the need for cross-examination will be the major proof presented to the fact finder, the indigent's ability to present the case, the complexity of the legal issues and any special reason in that case why appointment of counsel would be more likely to lead to a just determination." Here Defendants have not even been served; we do not know if a motion to dismiss will be made or granted, and thus even if we will get to discovery, let alone trial; and so far Plaintiff is doing an adequate job protecting his rights. Accordingly, the application is denied without prejudice to renewal at a later stage of the case. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 13
INFORMATION PACKAGE MAILED to Byron K. Brown DIN: 98A2129 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562 on 08/17/2023 Re: #11 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (ta)
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| Filing 12 SUMMONS ISSUED as to Anthony Annucci, Joseph. (ta) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 08/17/2023 Re: Judge Cathy Seibel #11 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) NYS DOCCS Commissioner Anthony Annucci and Correctional Sergeant Joseph. (ta) |
| Mailed a copy of #11 Order of Service #1 Complaint to New York State Attorney General at: 28 Liberty Street, 16th Floor, New York, New York 10005. (ta) |
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Filing 11
ORDER OF SERVICE: The Clerk of Court is directed to add "Captain N" as a Defendant, pursuant to Rule 21 of the Federal Rules of Civil Procedure. The Clerk of Court is instructed to issue summonses for NYS DOCCS Commissioner Anthony Annucci and Correctional Sergeant Joseph, complete the USM-285 forms with the addresses for these Defendants and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this order and the complaint to the New York State Attorney General at: 28 Liberty Street, 16th Floor, New York, New York 10005. Plaintiff is referred to the NYLAG Pro Se Clinic. Copies of the Clinic's flyer, retainer, and intake form are attached to this order. The Clerk of Court is further directed to mail an information package to Plaintiff. Captain N added. (Signed by Judge Cathy Seibel on 8/16/2023) (ate) Transmission to Pro Se Assistants for processing.
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| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Laura Taylor Swain is no longer assigned to the case. (dsh) |
| Magistrate Judge Victoria Reznik 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dsh) |
| MAILING RECEIPT: Document No: 9. Mailed to: Byron K. Brown DIN:98A2129 354 Hunter Street Ossining, NY 10562; and to Warden, Sing Sing Correctional Facility (sha) Modified on 8/16/2023 (sha). |
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Filing 9
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Laura Taylor Swain on 8/15/2023) (vn)
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| Request for Copies/Transcripts/Docket Sheet Processed: Mailed copy of Docket Sheet to Byron K. Brown DIN: 98A2129 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562 on 08/11/2023. (ta) |
| Filing 8 LETTER from Byron Brown dated 8/9/23 re: I would like to know if the Pro Se Clerks Office has received this Class Action pursuant to 42:1983. Document filed by Byron K. Brown.(sc) |
| Request for Copy of the updated Docket Sheet Received: Re #8 Letter. Request for Docket Report, from Byron Brown received on 8/9/23. Transmission to Pro Se Assistants for processing. (sc) |
| MAILING RECEIPT: Document No: 7. Byron K. Brown DIN:98A2129 354 Hunter Street Ossining, NY 10562. (ta) Modified on 8/8/2023 (ta). |
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Filing 7
ORDER: The Court severs Plaintiffs' claims from each other under Fed. R. Civ. P. 21. Byron K. Brown will proceed as the sole plaintiff in this action. The Clerk of Court is further directed to open separate civil actions with new docket numbers for Carlos Arriago, Terrence Turner, David Louime, Dennis Antwon, Robert Campbell, Gregory White, Shantee Brooks, Eligidio Lind, Teddy Williams, Hector L. DeJesus, Apolinar Roque, Ricardo Corbin, Terel Overton, Alex Martinez, Deshard Wright, Clayton Scott, Michael A. Crane, Kevin Bussey, Eric Pek, Vaughn Campbell, Ivan T. Ramos, Daniel Jones, Dwayne Reed, Ivan Seabrooks, James Scott, Alen Haymon, Alfonso A. Howard, Stephen Robinson, and Trevor Price. A copy of the complaint (ECF No. 1), the motion for the appointment of counsel (ECF No. 4), and this order should be docketed in each new case. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Kevin Bussey, Robert Campbell, Vaughn Campbell, Ricardo Corbin, Michael A. Crane, Hector L. DeJesus, Antwon Dennis, Alen Haymon, Alfonso A. Howard, Daniel Jones, Eligidio Lind, David Louime, Alex Martinez, Terel Overton, Eric Pek, Trevor Price, Ivan T. Ramos, Dwayne Reed, Stephen Robinson, Apolinar Roque, Clayton Scott, James Scott, Ivan Seabrooks, Terrence Turner, Gregory White, Teddy Williams, Deshard Wright, Carlos Arriaga and Shantee Brooks terminated.) (Signed by Judge Laura Taylor Swain on 8/7/2023) (sac)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 6 DECLARATION of Byron K. Brown in Support re: #4 MOTION re: for Appointment of Counsel. Document filed by Byron K. Brown. (sac) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION re: for Appointment of Counsel. Document filed by Byron K. Brown. (sac) |
| Filing 4 MOTION re: for Appointment of Counsel. Document filed by Carlos Arriaga, Shantee Brooks, Byron K. Brown, Kevin Bussey, Robert Campbell, Vaughn Campbell, Ricardo Corbin, Michael A. Crane, Hector L. DeJesus, Antwon Dennis, Alen Haymon, Alfonso A. Howard, Daniel Jones, Eligidio Lind, David Louime, Alex Martinez, Terel Overton, Eric Pek, Trevor Price, Ivan T. Ramos, Dwayne Reed, Stephen Robinson, Apolinar Roque, Clayton Scott, James Scott, Ivan Seabrooks, Terrence Turner, Gregory White, Teddy Williams, Deshard Wright..(sac) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Byron K. Brown. (sac) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Byron K. Brown. (sac) |
| Filing 1 COMPLAINT against Anthony Annucci, John Doe(Escorting Officer, sued in their individual capacity), John Doe(Officer in Charge, sued in their individual capacity), Joseph. Document filed by Trevor Price, Vaughn Campbell, Gregory White, Dwayne Reed, Clayton Scott, Carlos Arriaga, Byron K. Brown, Michael A. Crane, Alfonso A. Howard, Deshard Wright, Ivan Seabrooks, Daniel Jones, James Scott, Eric Pek, Terel Overton, Ivan T. Ramos, Teddy Williams, Stephen Robinson, Hector L. DeJesus, Ricardo Corbin, Alen Haymon, Robert Campbell, Terrence Turner, Eligidio Lind, Apolinar Roque, Alex Martinez, Shantee Brooks, David Louime, Kevin Bussey, Antwon Dennis. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(sac) |
| Case Designated ECF. (sac) |
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