Case 6:05-cv-06504-CJS-JWF Document 84 Filed 05/29/07 Page 1 of 30

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
ABDUL SHARIFF, DIVINE ALLAH, and JAMES WEST, Individually And On Behalf Of All Other Persons Similarly Situated,
Plaintiffs,
- vs -
BRIAN S. FISCHER, GLENN S. GOORD, CHARLES M. DEVANE, LESTER N. WRIGHT, M.P.H., STEPHEN BERNARDI, ROBERT RAYMOND, JOHN H. NUTTALL, THOMAS G. EAGEN, THOMAS M. POOLE, LAWRENCE WEINGARTNER, SHERYL ZENZEN, DANIEL WEINSTOCK, J. PETER GREGOIRE, M.D., MENALLY, NAPOLI, RITCHIECARTER, LAWRENCE SEARS, JOHN R. DEMARS, PIPPEN, R.N., GLEN CHAMPAGNE, M.D., LORI MANTORY, MICHAEL GIAMBRUNO, GERALD ELMORE, HABIB SHIEKY, M.D., MOHRNING, DAVE UNGER, JIM LINDSAY, SHERRY MONTANARI, ROBINSON, R.N., JAMES CONWAY, SANDRA DOLCE, RICHARD APPS, ROBERT ERCOLE, WILLIAM PHILLIPS, ROBERT CUNNINGHAM, DELORES THORNTON, FREDERICK BERNSTEIN, TOTTEN, KAISER, ROBERT K. WOODS, MARIA B. TIRONE, EVELYN WEISSMAN and the NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
Defendants.

THIRD AMENDED COMPLAINT
Civ. Action No. 05-CV-6504(CJS)
CLASS ACTION
JURY TRIAL DEMANDED

PRELIMINARY STATEMENT
1. This is a civil rights action, brought on behalf of state prisoners who seek to redress defendants’ failure to make their programs, services, and activities accessible to prisoners with disabilities who are in the custody of the New York State Department of Correctional Services (“DOCS”). Plaintiffs seek to represent a class of individuals that have mobility disabilities and are currently housed in DOCS facilities. These individuals are being denied access to prison services, programs and activities and are not being provided reasonable
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accommodations for their disabilities. Defendants discriminate against plaintiffs and the putative class on the basis of their disabilities in violation of the Eighth Amendment of the U.S. Constitution, Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, (“Section 504”), the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., (the “ADA”), and 42 U.S.C. § 1983 (“Section 1983”). Plaintiffs, on behalf of the class they seek to represent, seek injunctive and declaratory relief. The named plaintiffs also seek, inter alia, monetary damages and reasonable attorneys’ fees.
JURISDICTION AND VENUE
2. The Court has jurisdiction over this action under 28 U.S.C. §§ 1331 and 1343(3) and (4). The matter in controversy arises under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and Section 1983.
3. Venue properly lies in the Western District of New York pursuant to 28 U.S.C. § 1391(b)(2).
CLASS ACTION ALLEGATIONS
4. Plaintiffs bring this action on their own behalf and, pursuant to Rule 23(b)(1) and Rule 23(b)(2) of the Federal Rules of Civil Procedure, on behalf of all individuals with ambulatory disabilities that substantially limit one or more of their major life activities. Plaintiffs, and members of the putative class are currently incarcerated, or may become incarcerated in the future, under the custody and control of defendants at the Five Points, Franklin, Wyoming, Orleans, Attica, Green Haven and Upstate Correctional Facilities.
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5. The exact size of the class is unknown to the plaintiffs but, upon information and belief, there are hundreds of class members. Thus, the size of the class is so numerous that joinder of all members is impracticable.

6. The conditions, practices and omissions that form the basis of this complaint are common to all members of the putative class and the relief sought will apply to all of the class members.

7. members.

The claims of the named plaintiffs are typical of the claims of the putative

8. The prosecution of separate actions by individual members of the putative class would create a risk of inconsistent and varying adjudications which would establish incompatible standards of conduct for the defendants and would substantially impair the ability of the putative members to protect their interests.

9. Defendants have acted or refused to act on grounds generally applicable to the class, making appropriate declaratory and injunctive relief with respect to the class as a whole.

10. Prisoners, including some of the named plaintiffs and unnamed members of the putative class, are regularly transferred from one prison to another. In transferring prisoners with mobility impairments, defendants do not adequately account for their disabilities, which results in prisoners with mobility impairments being transferred to inaccessible prisons.

11. There are questions of law and fact common to the members of the putative class, including defendants’ violations of plaintiffs’ rights under Section 504 and the ADA by denying plaintiffs the opportunity to participate in, and benefit from, the programs, services and activities offered by defendants.
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12. The named plaintiffs are capable, through counsel, of fairly and adequately representing the class and protecting its interests because they are individuals with disabilities who have suffered, and continue to suffer, from defendants’ violations of plaintiffs’ rights under Section 504 and the ADA as described above.
PARTIES
13. Plaintiff Abdul Shariff is a prisoner in the custody of defendant DOCS and is presently held at Orleans Correctional Facility in Albion, New York. During the events for which damages are sought in this Third Amended Complaint, he was held at Green Haven Correctional Facility (“Green Haven”) prior to May 23, 2003, Five Points Correctional Facility (“Five Points”) from May 23, 2003 to March 27, 2006, Franklin Correctional Facility (“Franklin”) from March 27, 2006 to June 12, 2006, Wyoming Correctional Facility (“Wyoming”) from June 12, 2006 to September 1, 2006, and Orleans Correctional Facility (“Orleans”) from September 11, 2006 to the present. He is an individual with a disability as defined by the ADA and Section 504 of the Rehabilitation Act. He is, and has been at all times relevant to this Third Amended Complaint, paraplegic. His paraplegia is a physical impairment that substantially limits him in performing numerous major life activities, including caring for himself, performing manual tasks, walking, and working.
14. Plaintiff Divine Allah is a prisoner in the custody of defendant DOCS and is presently held at Five Points. During the events for which damages are sought in this Third Amended Complaint, he was held at the following DOCS facilities: Green Haven from early 2000 to February 2003, Attica from February 2003 to June 12, 2003, Five Points from June 12, 2003 to March 23, 2006, Upstate from March 23, 2006 to February 2, 2007, and Five Points from February 2, 2007 to the present. He is an individual with a disability as defined by the
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ADA and Section 504 of the Rehabilitation Act. He is, and has been at all times relevant to this Third Amended Complaint, paraplegic. His paraplegia is a physical impairment that substantially limits him in performing numerous major life activities, including caring for himself, performing manual tasks, walking, and working.
15. Plaintiff James West is a prisoner in the custody of defendant DOCS and is presently held at Five Points. During the events for which damages are sought in this Third Amended Complaint, he was held at Green Haven prior to February 18, 2002, and Five Points from February 18, 2002 to present. He is an individual with a disability as defined by the ADA and Section 504 of the Rehabilitation Act. He is, and has been at all times relevant to this Third Amended Complaint, paraplegic. His paraplegia is a physical impairment that substantially limits him in performing numerous major life activities, including caring for himself, performing manual tasks, walking, and working.
16. Plaintiffs, and the class they represent, are individuals with ambulatory disabilities that substantially limit one or more of their major life activities. Plaintiffs, and members of the putative class are currently incarcerated, or may become incarcerated in the future, under the custody and control of defendants at the Five Points, Franklin, Wyoming, Orleans, Attica, Green Haven and Upstate Correctional Facilities. Members of the putative class have suffered physical injuries resulting from defendants’ failure to provide proper sized urinary catheters, accessible showers, beds and other services. They have suffered urinary tract infections as a result of defendants’ policy requiring plaintiffs, and the class they represent, to re-use disposable, singleuse catheters. They have been denied access to the programs, services and activities run by defendants. All putative class members are individuals with disabilities as that term is defined by Section 504, 29 U.S.C. § 705(20), and the Americans with Disabilities Act, 42 U.S.C. § 12102(2).
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17. Defendant DOCS is the agency created by the State of New York for the purpose of operating correctional facilities within New York State. DOCS receives federal financial assistance.
18. Defendant Brian Fischer is the Acting Commissioner of DOCS and is sued in his official capacity. As the Commissioner of DOCS, Mr. Fischer is responsible for the operation and administration of all DOCS correctional facilities.
19. Defendant Glenn S. Goord is the former Commissioner of DOCS, and is sued in his individual capacity.
20. Defendant Charles M. Devane is the Deputy Commissioner of Administrative Services, and is sued in his individual capacity.
21. Defendant Lester N. Wright, M.D., M.P.H. is the Deputy Commissioner/Chief Medical Officer for DOCS. As such, he is responsible for ensuring that DOCS facilities provide appropriate medical care to prisoners. Defendant Wright is sued in his individual and official capacities.
22. Defendant Stephen Bernardi is the DOCS Deputy Commissioner of Policy and Compliance Review and is sued in his official capacity. As Deputy Commissioner, Mr. Bernardi is responsible for ensuring that the policies of DOCS and all of its institutions comply with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.
23. Defendant Robert Raymond is the Americans with Disabilities Act Coordinator for DOCS, and is sued in his official capacity. As the ADA Coordinator, Mr. Raymond is responsible for ensuring that all programs, activities and services operated by and under the
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control of DOCS comply with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.
24. Defendant John H. Nuttall is the Deputy Commissioner of Program Services for DOCS, and is sued in his individual capacity.
25. Defendant Thomas G. Eagen is the Director of the Inmate Grievance Program, and is sued in his individual capacity.
26. Defendant Thomas M. Poole is the Superintendent of Five Points, and is sued in his individual capacity.
27. Defendant Weingartner is the former Deputy Superintendent of Programs at Five Points, and is sued in his official and individual capacities. In that position, defendant Winegartner was responsible for overseeing the provision of prison programs at Five Points as well as for overseeing the provision of reasonable accommodations and compliance with the DOCS directive on reasonable accommodations.
28. Defendant Sheryl Zenzen is the Deputy Superintendent of Programs at Five Points, and is sued in her official capacity. Deputy Superintendent Zenzen is responsible for overseeing the provision of prison programs at Five Points as well as for overseeing the provision of reasonable accommodations and compliance with the DOCS directive on reasonable accommodations.
29. Defendant Daniel Weinstock is the Health Services Director at Five Points, and is sued in his individual capacity.
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30. Defendant J. Peter Gregoire, M.D. is a part-time Medical Director at Five Points. Dr. Gregoire is sued in his individual capacity.
31. Defendant Menally is responsible for operating Five Points’ Strip Room, and is sued in his individual capacity.
32. Defendant Napoli is Deputy Superintendent of Security at Five Points, and is sued in his individual capacity.
33. Defendant Ritchie-Carter is a nurse at Five Points, and is sued in her individual capacity.
34. Defendant Lawrence Sears is the Superintendent of Franklin, and is sued in his official capacity.
35. Defendant John R. Demars is the Deputy Superintendent of Programs at Franklin, and is sued in his official capacity. Deputy Superintendent Demars is responsible for overseeing the provision of prison programs at Franklin as well as for overseeing the provision of reasonable accommodations and compliance with the DOCS directive on reasonable accommodations.
36. Defendant Pippen, R.N. is a nurse at Franklin C.F. Nurse Pippen is sued in his/her individual capacity.
37. Defendant Glen Champagne, M.D. is the Medical Director at Franklin, and is sued in his official capacity.
38. Defendant Lori Mantroy is the Nurse Administrator at Franklin, and is sued in her official capacity.
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39. Defendant Michael Giambruno is the Superintendent of Wyoming, and is sued in his official capacity.
40. Defendant Gerald Elmore is the Deputy Superintendent of Programs at Wyoming. Deputy Superintendent Elmore is responsible for overseeing the provision of prison programs at Wyoming as well as for overseeing the provision of reasonable accommodations and compliance with the DOCS directive on reasonable accommodations. Defendant Gerald Elmore is sued in his official capacity.
41. Defendant Habib Shieky, M.D. is the Health Services Director at Wyoming, and is sued in his official capacity.
42. Defendant Mohrning is a Medical Director at Wyoming, and is sued in his/her individual capacity.
43. Defendant Dave Unger is the Superintendent of Orleans, and is sued in his official capacity.
44. Defendant Jim Lindsay is the Deputy Superintendent of Programs at Orleans, and is sued in his official capacity. Deputy Superintendent Lindsay is responsible for overseeing the provision of prison programs at Orleans as well as for overseeing the provision of reasonable accommodations and compliance with the DOCS directive on reasonable accommodations.
45. Defendant Sherry Montanari is the Nurse Administrator at Orleans, and is sued in her official capacity.
46. Defendant Robinson, R.N. is a Nurse at Orleans, and is sued in his/her individual capacity.
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47. Defendant James Conway is the Superintendent of Attica, and is sued in his official capacity.
48. Defendant Sandra Dolce is the Deputy Superintendent of Programs at Attica, and is sued in her official capacity. Deputy Superintendent Dolce is responsible for overseeing the provision of prison programs at Attica as well as for overseeing the provision of reasonable accommodations and compliance with the DOCS directive on reasonable accommodations.
49. Defendant Richard Apps is the Medical Administrator at Attica, and is sued in his official capacity.
50. Defendant Robert Ercole is the Superintendent of Green Haven, and is sued in his official capacity.
51. Defendant William Phillips is the former Superintendent of Green Haven, and is sued in his individual capacity.
52. Defendant Robert Cunningham is the Deputy Superintendent of Programs at Green Haven, and is sued in his official capacity. Deputy Superintendent Cunningham is responsible for overseeing the provision of prison programs at Green Haven as well as for overseeing the provision of reasonable accommodations and compliance with the DOCS directive on reasonable accommodations.
53. Defendant Delores Thornton is the former Deputy Superintendent of Programs at Green Haven. In that position, Deputy Superintendent Thornton was responsible for overseeing the provision of prison programs at Green Haven as well as for overseeing the provision of reasonable accommodations and compliance with the DOCS directive on reasonable accommodations. Defendant Thornton is sued in her individual and official capacities.
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54. Defendant Frederick Bernstein is the Facilities Medical Director at Green Haven, and is sued in his official capacity.
55. Defendant Totten is the Director of Security at Green Haven, and is sued in his individual capacity.
56. Defendant Kaiser is a Lieutenant at Green Haven, and is sued in his or her individual capacity.
57. Defendant Robert K. Woods is the Superintendent of Upstate, and is sued in his official capacity.
58. Defendant Maria B. Tirone is the Deputy Superintendent of Programs at Upstate, and is sued in her official capacity. Deputy Superintendent Tirone is responsible for overseeing the provision of prison programs at Upstate as well as for overseeing the provision of reasonable accommodations and compliance with the DOCS directive on reasonable accommodations.
59. Defendant Evelyn Weissman is the Facility Health Services Director at Upstate, and is sued in her official capacity.
60. All defendants sued in their individual capacity are sued in that capacity solely for the purpose of the named plaintiffs’ claims for damages under 42 U.S.C. § 1983.
FACTUAL ALLEGATIONS 61. The Five Points, Franklin, Wyoming, Orleans, Attica, and Upstate Correctional Facilities, operated by DOCS, are not accessible to plaintiffs and the class they represent.
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62. While the Green Haven Correctional Facility is generally accessible, the Protective Custody Housing unit within that facility is inaccessible to plaintiffs and the class they represent.
FIVE POINTS CORRECTIONAL FACILITY
63. Five Points Correctional Facility (“Five Points”) is a 1,500 bed maximum security prison located in Romulus, New York. Five Points opened in 2000 and is New York State’s newest prison.
64. Five Points was allegedly designed by DOCS to accommodate prisoners with disabilities. Nonetheless, Five Points’ cells, toileting facilities, bathing facilities, strip rooms, yards, recreation areas and program areas are not accessible to plaintiffs.
65. The beds in the cells at Five Points are placed so low to the floor as to effectively prevent plaintiffs from safely transferring between their beds and their wheelchairs. Additionally, some beds do not have grab-bars or other devices near the beds to facilitate these necessary transfers. Finally, the bunk beds are inaccessible to plaintiffs because there is insufficient room between the two mattresses to enable plaintiffs to perform transfers without striking their heads against the upper mattress frame.
66. The toilets in the cells at Five Points are not high enough to allow plaintiffs to safely transfer to and from their wheelchairs. Additionally, the handrails or grab-bars near the toilets have been installed too far away from the toilets to enable plaintiffs to safely transfer to and from their wheelchairs. Both the inadequate height of the toilet and the misplaced handrails make it difficult and unsafe for plaintiffs to transfer between the toilet and their wheelchairs.
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Finally, there is insufficient space around the toilets to permit plaintiffs to reasonably transfer from their wheelchairs to the toilet.
67. The showers in the cells at Five Points are inaccessible to plaintiffs. There are lips at the entrances to the showers that prohibit plaintiffs from safely entering the showers in their wheelchairs. The seats in the showers are too low, and the shower handrails are misplaced, making plaintiffs’ transfers to and from the showers both difficult and unsafe. The showers lack accessible hand controls to enable plaintiffs to control the water temperature, which is often scalding hot. These circumstances are particularly dangerous for plaintiffs because their disabilities prevent them from quickly removing themselves from the scalding water. The metal shower seats become slick when wet and do not adequately support plaintiffs in sitting upright while showering and lathering their bodies.
68. On April 6, 2003, Five Points’ inaccessible showering facilities resulted in Mr. Shariff slipping off the shower seat, directly resulting in injuries to his head, back and neck. Mr. Shariff, thereafter, cleaned himself with a washcloth, wetted in the sink, to avoid the danger of using the shower bench.
69. The sinks in the cells at Five Points are inaccessible to plaintiffs because they do not extend a sufficient distance from the wall to enable plaintiffs to use the sinks while seated in their wheelchairs.
70. The cell-door windows are not accessible to plaintiffs because they are located approximately five feet, four inches above the floor.
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71. On one or more occasions, while guiding their wheelchairs into or out of their cells blocks, Mr. Shariff and putative class members have been smashed or otherwise injured when the cell doors were prematurely closed by the door operators.
72. In addition to the safety concerns posed by the inaccessible features of the cells, the design of the cells makes it difficult for plaintiffs to contact staff in emergency situations. The cells have solid doors and walls with a small rectangular window high up on the door. Plaintiffs, because of their disabilities, cannot reach up to the window to get an officer’s attention. Further, there are no in-cell call buttons. Additionally, half of the cells considered by DOCS to be accessible at Five Points are located on the second floor. Plaintiffs housed in these cells are at severe risk of death or serious injury by fire because the elevators shut down in the event of a fire, leaving the inaccessible prison stairs as the only route to safety.
73. In April and May of 2004, and at other time throughout his incarceration at Five Points C.F., Mr. Shariff suffered unnecessary pain as a result of the failures of defendants Lawrence Weinstock and Thomas G. Eagen to adequately respond to Mr. Shariff’s multiple letters and grievances, complaining about lack of hot water in which to wash his urinary catheters and other requests related to his disability.
74. On June 8, 2003, and on other occasions, Mr. Shariff complained by written letter to defendant Thomas M. Poole regarding his receipt of catheters that were too big, the use of which caused Mr. Shariff to suffer pain and bleeding. Defendant Poole failed to adequately address Mr. Shariff’s legitimate medical concerns, thereby causing Mr. Shariff to endure unnecessary pain.
75. On July 11, 2004, and again on July 26, 2004, Mr. Shariff composed and sent letters to defendant Thomas M. Poole, notifying defendant Poole that his cell was not receiving
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hot water. Mr. Shariff explained that he cannot adequately clean his urinary catheters without hot water, and that failure to adequately clean his urinary catheters exposes Mr. Shariff to an unreasonable risk of repeatedly contracting Urinary Tract Infections.
76. On September 26, 2004, Mr. Shariff composed and sent a letter to defendant John H. Nuttall, Deputy Commissioner for Program Services for DOCS, detailing the lack of sporting and recreational programs for disabled inmates and requesting defendant Nuttall to remedy the same.
77. On October 19, 2004, Mr. Shariff composed and sent a letter to defendant Glenn S. Goord, then Acting Commissioner of DOCS, detailing the inaccessible features of Five Points, and requesting defendant Goord to transfer Mr. Shariff to an accessible facility to avoid the possibility of physical injury resulting from the inaccessible features of Five Points.
78. On November 3, 2004, defendant Devane responded to Mr. Shariff’s letter on behalf of defendant Goord, denying Mr. Shariff’s claims that Five Points facilities are inaccessible and denying Mr. Shariff’s request to be transferred to an accessible facility to avoid the possibility of physical injury resulting from the inaccessible features of Five Points.
79. The bathrooms in the program and activity buildings, where programs such as inmate orientation, school and vocational shops are held, are inaccessible to plaintiffs. The toilet stalls lack adequate wheelchair turning room. The toilets in these buildings are too low to enable plaintiffs to safely transfer to and from their wheelchairs. There are no handrails or grab-bars near the toilets to facilitate plaintiffs’ safe transfer to and from their wheelchairs.
80. During his incarceration at Five Points, Mr. Shariff needed to use the toilet while he was present in the program area. Because the toilets in the program area are inaccessible, Mr.
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Shariff requested permission to return to his cell to use the toilet therein, or, in the alternative, to catheterize during program hours. Five Points officials refused Mr. Shariff’s requests. Because Mr. Shariff was not allowed to return to his cell, he was forced to defecate on himself.
81. The tables in the block yard and the main yard, where prisoners play cards and other games, are not accessible to plaintiffs because of the concrete seats around the perimeter of the tables, and the posts under the tables, block plaintiffs’ wheelchairs and prevent plaintiffs from getting close enough to the tables to use them in the manner intended. The ramps to the block yard and main yard are too steep and too narrow for wheelchairs to navigate safely. The pull-up bars and dip-bars in the block and main yards are not accessible to plaintiffs. The exercise machines located in the block yard are not equipped or modified for use by plaintiffs. The manner in which those machines are arranged denies plaintiffs adequate maneuverability between the machines. The television in the main yard is located in a rough-terrain area and is therefore inaccessible to plaintiffs. The main yard lacks a concrete jogging path around the perimeter of the yard, thereby denying plaintiffs an opportunity to exercise in a manner afforded to non-disabled prisoners.
82. The gym area at Five Points is inaccessible to plaintiffs. There is no gym equipment accessible to wheelchair users and there is no accessible path of travel in the weight room. The gym bathroom is also not accessible. It has a wide door with no grab-bars and the toilet is to low for safe transfers between plaintiffs’ wheelchairs and the toilet.
83. The Recreation Pen (“Rec Pen”) is inaccessible to plaintiffs because there are several stairs which prevent plaintiffs from entering the area. The Rec Pen area is particularly hazardous to plaintiffs because the fire exit is blocked by an 8 to 10 inch stair. Further, the doors
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lack any handles that plaintiffs can grab to assist in opening the doors, and the activity areas within the Rec Pen are so cramped that plaintiffs cannot maneuver their wheelchairs therein.
84. Various recreation program areas with occupancy limits (i.e., card room and weight room) are inaccessible to plaintiffs because the defendants refuse to implement a policy that will give plaintiffs an equal chance to compete with non-disabled inmates for the small number of slots available in those areas.
85. Defendant Menally forced Mr. Allah, and other putative class members, to undress in Strip Rooms without providing Mr. Allah and the other disabled inmates with any grab-bars or other devices to assist in the necessary transfer from their wheelchairs to the bed/chair upon which they undress.
86. Defendant Napoli, Deputy Superintendent of Security, discriminated against plaintiffs by failing to fix faulty elevators in Five Points’ cell block area, thereby denying plaintiffs the same level of physical access to prison facilities, programs and services that is provided to non-disabled inmates.
87. The Visiting Room is not accessible to plaintiffs because the wall under the table in the prisoners’ seating area blocks plaintiffs’ legs and prevents plaintiffs from sitting forwardfacing in their wheelchairs in the individual visiting stalls.
88. Defendants have failed to properly maintain and repair wheelchairs used by plaintiffs, resulting in their lack of access to programs, services and activities provided to nondisabled prisoners.
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89. Defendant Weingardner has discriminated against plaintiffs by providing and coordinating recreational programs for non-disabled inmates, but failing to provide or coordinate similar recreational programs for plaintiffs.
90. While incarcerated at Five Points, Mr. Shariff was forced to use urinary catheters that were too large in size, causing him to suffer repeated internal injury, continual bleeding and a Urinary Tract Infection. Mr. Shariff complained about the catheter size and resulting injuries, but was denied a medical interview for more than one week following his May 22, 2003, arrival at Five Points. When Mr. Shariff was finally allowed a medical interview, Dr. Gregoire incredibly instructed Mr. Shariff to continue using the oversized catheters until June 22, 2003, at which time Five Points finally provided Mr. Shariff with proper-sized catheters.
91. The inadequate medical care and attention forced upon Mr. Shariff, including the failure to provide sufficient quantity of urinary catheters, caused Mr. Shariff to suffer multiple Urinary Tract Infections throughout his incarceration at Five Points. Mr. Shariff complained about these symptoms on May 30, 2003, June 3, 2003, June 8, 2003, June 9, 2003, June 16, 2003, February 25, 2004, February 27, 2004, June 22, 2004, May 19, 2004, May 27, 2004, May 30, 2004, October 28, 2004, November 4, 2004, November 7, 2004, November 11, 2004, June 29, 2005, July 7, 2005, July 8, 2005, July 20, 2005, July 24, 2005, August 4, 2005, and August 7, 2005.
92. While incarcerated at Five Points, Mr. Allah has also suffered multiple Urinary Tract Infections. His requests for medical attention, treatment, and pain medication, including by handwritten letter to defendant Daniel Weinstock, dated July 28, 2005, have not been accommodated by defendants Daniel Weinstock and nurse Ritchie-Carter, resulting in Mr. Shariff’s unnecessary suffering of severe pain.
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93. Defendant Lester M. Wright failed to adequately respond to Mr. Shariff’s handwritten letter, dated July 23, 2005, describing his need for medical attention and pain medication, his multiple visits to Sick Call, and his failure to be granted access to a doctor for three months, thereby resulting in continued pain and suffering to Mr. Shariff.
FRANKLIN CORRECTIONAL FACILITY
94. Franklin Correctional Facility (“Franklin”) is a medium security prison located in Malone, New York.
95. The beds in the cells are not accessible to plaintiffs because they are too low to the floor, are not equipped with a trapeze-mechanism or grab-bars, and are fitted with bedrails that plaintiffs are unable to retract without the assistance of another individual.
96. The toilets in the cells are not high enough to allow plaintiffs to safely transfer to and from their wheelchairs.
97. The showers in the cells have been constructed with a 2” x 12” drainage ditch which renders the showering stalls inaccessible to plaintiffs. The showers are also fitted with wooden-slab seats that become slick when wet and do not adequately support plaintiffs in sitting upright while showering and lathering their bodies.
98. The water fountains in the cells are inaccessible to plaintiffs because they are located too high off the floor.
99. The walkways throughout the facility are not accessible to plaintiffs because such walkways are riddled with potholes and uneven slabs of cement.
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100. Doorways throughout the facility are inaccessible because they are constructed with high thresholds that are difficult for plaintiffs to safely traverse.
101. Restrooms in all bathrooms throughout the facility are inaccessible to plaintiffs for reasons similar or identical to the restrooms in plaintiffs’ cells, as described above.
102. Defendant John R. Demars, Deputy Superintendent of Programs at Franklin, continuously discriminates against members of the putative class by providing and coordinating recreational programs for non-disabled inmates, but failing to provide or coordinate recreational programs for plaintiffs.
103. Beginning on or about May 2, 2006, Nurse Pippen prevented Mr. Shariff from receiving more than four single-use catheters per week. This action directly caused Mr. Shariff to suffer additional symptoms of Urinary Tract Infections, of which he complained on May 3, 2006, and May 8, 2006.
104. During Mr. Shariff’s incarceration at Franklin, he was forced to urinate on himself during an 11-hour van ride in which he was not afforded an opportunity to catheterize.
WYOMING CORRECTIONAL FACILITY
105. Wyoming Correctional Facility (“Wyoming”) is a medium security prison located in Attica, New York.
106. The cubicles in the Wyoming dormitories are inaccessible to plaintiffs because they are constructed and configured in a manner that denies sufficient space to plaintiffs in which to turn and maneuver their wheelchairs.
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107. Lower-level lockers in the cubicles, provided for safekeeping of prisoners’ personal belongings, are inaccessible to plaintiffs because they are located too low to the floor.
108. The electrical outlets in the cubicles are inaccessible to plaintiffs because they are sandwiched between the lockers and the beds in a manner that prevents plaintiffs from getting close enough to the outlet to plug and unplug electrical cords in a safe manner.
109. The showers in the cubicles are not accessible to plaintiffs because of the misplacement of the grab-bars, the low-rise of the stationary shower-benches, and the excessively heavy garden hoses attached to each shower in lieu of a handheld shower-head.
110. The sinks in the cubicles are not accessible to plaintiffs because they have been mounted so close to the walls that plaintiffs’ feet and wheelchairs do not fit under the sink, thereby preventing plaintiffs from getting close enough to the sink to use it in a reasonable manner.
111. Wyoming’s designated Disabled Dormitory is inaccessible to plaintiffs because the dormitory contains only one accessible toilet to serve the toileting needs of the large disabled population residing therein.
112. The restrooms outside of the dormitory area are inaccessible to plaintiffs for reasons similar or identical to the restrooms in the plaintiffs’ cubicles, as described above.
113. The water fountains in the gym, yard, activities building and clinic areas are inaccessible to plaintiffs because they are located too high off the floor.
114. The bathroom, water fountain, and television in the Wyoming yard are inaccessible to plaintiffs because they abut a dangerously steep hill. To access these facilities,
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plaintiffs must traverse the steep hill in their wheelchairs, subjecting themselves to an unreasonably high chance of sustaining physical injury by slipping out of their wheelchairs or toppling over backward.
115. In the Wyoming yard, the tables, exercise/walking path around the perimeter of the yard, and the exercise equipment are inaccessible to plaintiffs.
116. The doorway thresholds throughout the Wyoming facilities, including the dormitories, activity building, clinic, school building, commissary and package room are too high to be safely traversed by plaintiffs.
117. Defendant Gerald Elmore, Deputy Superintendent of Programs at Wyoming, continuously discriminates against plaintiffs by providing and coordinating recreational programs for non-disabled inmates, but failing to provide or coordinate recreational programs for plaintiffs.
118. For two weeks following his arrival at Wyoming, Mr. Shariff was provided with size-14 catheters which, as described above, were too large for him. Mr. Shariff informed the Wyoming nursing staff of this problem, but was told he must use the size-14 catheters. Mr. Shariff suffered bladder spasms, bleeding and a Urinary Tract Infection. Wyoming medical personnel provided Mr. Shariff with medication for the bladder spasms and the pain. Mr. Shariff complained to Medical Director Mohrning about the physical injuries he suffered from the oversized catheters. However, due to defendant Mohrning’s failure to adequately respond to Mr. Shariff’s complaint, Mr. Shariff did not receive the proper-sized catheters until late June, 2006, causing Mr. Shariff to suffer further unnecessary pain.
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ORLEANS CORRECTIONAL FACILITY
119. Orleans Correctional Facility (“Orleans”) is a medium security prison located in Albion, New York.
120. The cubicles in the Orleans dormitories are inaccessible to plaintiffs because they are constructed and configured in a manner that denies sufficient space to plaintiffs in which to maneuver their wheelchairs.
121. The small lockers in the cubicles, and the shelving therein, provided for safekeeping of prisoners’ personal belongings, are inaccessible to plaintiffs because they are located too low to the floor.
122. The electrical outlets in the cubicles are inaccessible to plaintiffs because they are sandwiched between the lockers and the beds in a manner that prevents plaintiffs from getting close enough to safely plug and unplug electrical cords.
123. The sinks in the cubicles are not accessible to plaintiffs because they are mounted so close to the walls that plaintiffs’ feet and wheelchairs do not fit under the sink, thereby preventing plaintiffs from getting close enough to the sink to use it in a reasonable manner.
124. The beds in the cubicles are inaccessible to plaintiffs because they lack trapezes and have instead been fitted with makeshift grab-bars which are rigidly attached to 12 x 12 inch wooden boards held in place by plaintiffs’ thin mattresses. These grab-bars prevent plaintiffs from safely transferring to and from bed.
125. The water fountains in the dormitory are inaccessible to plaintiffs because they are located too high off the floor.
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126. The microwave in the dormitory is inaccessible to plaintiffs because it is located too high off the floor, exposing plaintiffs to an unreasonable risk of bodily injury when removing soups or other hot fluids.
127. The restrooms throughout Orleans, including those located in the gym, yard, clinic, school building, activities building, and mess hall are inaccessible to plaintiffs because the toilet stalls are too narrow, the sinks are too close to the walls, and the mirrors are too high off the floor.
128. The mess hall tables, two of which have been ineffectively modified for disabled inmates, are not accessible to plaintiffs because a stabilization bar located under each table prevents plaintiffs’ wheelchairs from sliding under the tables. Hence, plaintiffs are forced to sit sideways at the mess hall tables, or to hold a tray of hot liquids and foods on their laps while sitting in the aisles.
129. The exterior doors throughout Orleans are inaccessible to plaintiffs because they require greater force to push or pull open than is reasonably possible to exert while seated in a wheelchair.
130. Orleans personnel discriminate against plaintiffs by providing and coordinating recreational programs for non-disabled inmates, but failing to provide or coordinate recreational programs for plaintiffs.
131. Orleans personnel discriminate against plaintiffs, including Mr. Shariff, by denying admission to the Behavioral Modification Program on the grounds that the housing units utilized by the program are not wheelchair accessible.
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132. Orleans personnel discriminate against plaintiffs, including Mr. Shariff, by denying job opportunities, including clerical positions, on the grounds that plaintiffs’ disabilities prevent them from standing and retrieving items from shelves.
133. Mr. Shariff arrived at Orleans on September 11, 2006. During his first month at Orleans, Mr. Shariff received thirty-five (35) single-use, disposable urinary catheters per week, to accommodate his need to self-catheterize five times each day. On October 10, 2006, Nurse Robinson restricted Mr. Shariff to seven (7) single-use, disposable catheters per week. From October 17, 2006 to the present, Nurse Robinson has further restricted Mr. Shariff to two (2) single-use, disposable catheters per week, despite Mr. Shariff’s need to self-catheterize five times per day. As a result of defendant’s failure to supply an adequate number of urinary catheters, Mr. Shariff has experienced three Urinary Tract Infections while at Orleans.
ATTICA CORRECTIONAL FACILITY
134. Attica Correctional Facility (“Attica”) is a maximum security prison located in Attica, New York.
135. The showers in the cells at Attica are inaccessible to plaintiffs. There are no handrails in the showers and there are no pads on the shower seats to prevent plaintiffs from sliding off of the shower seats when they lather their bodies. As a result, plaintiffs are unable to properly maintain their personal hygiene.
136. The law library at Attica is inaccessible to plaintiffs. The library is constructed and arranged in a narrow and restrictive manner that prevents plaintiffs from reasonably maneuvering their wheelchairs in the law library.
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GREEN HAVEN CORRECTIONAL FACILITY
137. Green Haven Correctional Facility (“Green Haven”) is a maximum security prison located in Stormville, New York.
138. The toilets in Green Haven’s Protective Custody Housing unit are not accessible to plaintiffs because they lack the necessary handrails to facilitate plaintiffs’ transfer between plaintiffs’ wheelchairs and the toilets.
139. Between February and May 2003, Mr. Shariff repeatedly complained to DOCS and Green Haven officials, including Superintendent Phillips, Deputy of Programs Thornton, Deputy of Security Totten, and Lieutenant Kaiser, about the inaccessibility of this restroom facility, but each of these defendants failed to adequately respond to Mr. Shariff’s complaints. On or about April 26, 2003, Mr. Shariff fell and injured his shoulder while attempting to transfer from his wheelchair to this inaccessible toilet.
140. Defendants force plaintiffs to undress in Strip Rooms without providing them any method of transferring themselves from their wheelchairs to the bed/chair upon which they are to undress.
141. The restrooms in the yard are inaccessible to plaintiffs because there are no grabbars to enable plaintiffs to safely transfer between their wheelchairs and the restroom facilities.
UPSTATE CORRECTIONAL FACILITY
142. Upstate Correctional Facility (“Upstate”) is a maximum security prison in Malone, New York.
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143. The beds in the Upstate cells are inaccessible to plaintiffs because there are no grab-bars to assist plaintiffs in safely transferring to and from their beds.
144. The showers in the Upstate cells are inaccessible to plaintiffs because they are not fitted with hand-held shower heads necessary to enable plaintiffs to clean their bodies.
145. Upstate personnel refused to provide Mr. Allah with more than one single-use, disposable urinary catheter per week, directly resulting in Mr. Allah suffering one or more Urinary Tract Infections.
STATEMENT OF CLASS AND INDIVIDUAL CLAIMS
146. Defendant DOCS receives federal financial assistance and operates programs or activities as those terms are defined by Section 504, 29 U.S.C. § 794(b)(1)(a).
147. Following the enactment of Section 504 in 1973 and the ADA in 1990, Defendant DOCS has spent billions of public dollars constructing, renovating, modifying and operating prison facilities and renovating existing prison facilities.
148. Section 504 and the ADA require that all new building and any renovation or remodeling comply with federal accessibility standards, including the Americans With Disabilities Accessibility Guidelines. 29 U.S.C. §794, 42 U.S.C. §§ 12101 et seq.
149. Defendants have designed, constructed and renovated correctional facilities in New York State in a manner that violates federal accessibility standards in the design. Defendants continue to design, construct and renovate correctional facilities in New York State in a manner that violates federal accessibility standards.
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150. As a result of defendants’ unlawful failure to comply with federal accessibility standards, plaintiffs have been injured in their attempts to use the programs, facilities, activities and services offered by defendants.
151. Defendants have failed, and continue to fail, to provide plaintiffs and members of the putative class with properly sized urinary catheters. Defendants’ misconduct caused, and continues to cause, plaintiffs to suffer physical pain and injuries.
152. Defendants have failed, and continue to fail, to provide plaintiffs and members of the putative class with a sufficient supply of single-use, disposable urinary catheters. Defendants’ misconduct caused, and continues to cause, plaintiffs to suffer repeated Urinary Tract Infections.
153. Defendants have failed to make DOCS facilities accessible to plaintiffs, and have failed to furnish appropriate auxiliary aids and services where necessary to afford plaintiffs and members of the putative class the opportunity to participate in the programs, activities, services, benefits and jobs they offer generally to other non-disabled individuals under defendants’ custody and control.
CLAIMS FOR RELIEF
154. Defendants’ acts, omissions, and course of conduct, set forth in the FACTUAL ALLEGATIONS section above, were intentional.
155. The acts, omissions and course of conduct of defendants, set forth in the FACTUAL ALLEGATIONS section above, violate the Eighth Amendment of the U.S. Constitution.
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156. The acts, omissions and course of conduct of defendants, set forth in the FACTUAL ALLEGATIONS section above, violate Section 504 of the Rehabilitation Act, 29 U.S.C. §794.
157. The acts, omissions and course of conduct of defendants, set forth in the FACTUAL ALLEGATIONS section above, violate the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.
158. The acts, omissions and course of conduct of defendants, set forth in the FACTUAL ALLEGATIONS section above, perpetrated under color of state law in violation of plaintiffs’ federally protected rights, also violate 42 U.S.C. § 1983.
RELIEF REQUESTED
WHEREFORE, plaintiffs pray that this Court grant the following relief:
A. Declare the suit is maintainable as a class action pursuant to Federal Rule of Civil Procedure 23(b)(1) and 23(b)(2);
B. Adjudge and declare that the conditions, practices and omissions described above are in violation of the rights of the plaintiffs and the class they represent under Section 504, the ADA and Section 1983;
C. Preliminarily and permanently enjoin the defendants, their agents, employees and all persons acting in concert with them, from subjecting plaintiffs and the class they represent to the illegal conditions, practices and omissions described above;
D. Require defendants to provide reasonable accommodations in order to make the correctional facilities that are the subject of this litigation and the programs, services and
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activities of those correctional facilities accessible to plaintiffs and members of the putative class;
E. Award compensatory and punitive damages, in an amount to be determined by the Court, against all defendants in their official and individual capacities, for physical injuries, pain, humiliation, loss of privileges enjoyed by non-disabled prisoners and emotional distress caused by defendants’ actions and inaction which violated plaintiffs’ federally protected rights;
F. Order the defendants to end their practices of denying to plaintiffs and members of the putative class, the benefits of, excluding them from participating in, and subjecting them to discrimination under, the programs and activities provided by defendants;
G. Award plaintiffs, pursuant to 29 U.S.C. § 794(b), 42 U.S.C. § 12205, and 42 U.S.C. § 1983, the costs of this suit and reasonable attorneys’ fees and litigation expenses;
H. Retain jurisdiction of this case until defendants have fully complied with the orders of this Court, and there is a reasonable assurance that defendants will continue to comply in the future absent continuing jurisdiction; and
I. Award such other and further relief as the Court deems just and proper.

Dated: May 29, 2007 Rochester, New York
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By s/ David L. Cook David L. Cook, Esq. Spencer D. Phillips, Esq. Terrence L. Robinson, Esq. 1100 Clinton Square P. O. Box 31051 Rochester, New York 14603-1051 (585) 263-1000

 
 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

ABDUL SHARIFF, DIVINE ALLAH and JAMES WEST, Individually and on Behalf of All Other Persons Similarly Situated,
Plaintiffs,
-vs-
GLENN S. GOORD, WILLIAM PHILLIPS, J. PETER GREGOIRE, M.D., STEPHEN BERNARDI, LESTER N. WRIGHT, MPH, BRIAN S. FISHER, ROBERT RAYMOND, JOHN H. NUTTALL, THOMAS G. EAGEN, THOMAS M. POOLE, LAWRENCE WEINGARTNER, SHERYL ZENZEN, DANIEL WEINSTOCK, MENALLY, WINEGARDNER, NAPOLI RITCHIE-CARTER, LAWRENCE SEARS, JOHN R. DEMARS, GLEN CHAMPAGNE, M.D., LORI MANTORY, MICHAEL GIAMBRUNO, GERALD ELMORE, HABIB SHIEKY, M.D., DAVE UNGER, JIM LINDSAY, SHERRY MONTANARI, ROBINSON, R.N., JAMES CONWAY, SANDRA DOLCE, RICHARD APPS, ROBERT ERCOLE, ROBERT CUNNINGHAM, DELORES THORNTON, FREDERICK BERNSTEIN, TOTTEN, KAISER, ROBERT K. WOODS, MARIA B. TIRONE, EVELYN WEISSMANN, THE NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, CHARLES DEVANE, PIPPEN, R.N., and MOHRNING,
Defendants.

DECISION & ORDER 05-CV-6504 CJS-JWF

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For Plaintiff: For Defendants:

APPEARANCES
David L. Cook, Esq. Nixon Peabody LLP Clinton Square P.O. Box 31051 Rochester, NY 14603 (585) 238-2012
Jared Kimball Cook, Esq. Adams Bell Adams, P.C. 28 East Main Street, Suite 600 Rochester, NY 14614 (585) 232-6900
Gary M. Levine, A.A.G. New York State Office of the Attorney General 144 Exchange Boulevard, Suite 200 Rochester, NY 14614 (585) 327-3223

INTRODUCTION Siragusa, J. During a status conference held on January 24, 2019, the Court advised the parties that if this matter was not settled in mediation, it would address Plaintiffs’ motion to certify the class. Since the matter was not settled, the Court now addresses Plaintiffs’ motion filed on March 30, 2009, ECF No. 172, for class certification. For the reasons stated below, the application is granted.
BACKGROUND According to the complaint,1 the three named plaintiffs (Abdul Shariff, Divine Allah and James West) are New York State Department of Correctional and Community

1 The Court will refer to the third amended complaint, filed on May 29, 2007, ECF No. 84, as “the Complaint” in this Decision and Order.
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Supervision (“DOCCS”)2 inmates who are, or have been, incarcerated in one or more of
the correctional facilities under DOCCS’s control, and who are partially paralyzed and need
wheelchairs for mobility. Compl. ¶¶ 13–16. Plaintiffs claim that DOCCS’ correctional
facilities, or parts of them, are inaccessible to them.
STANDARD OF LAW
Plaintiffs have moved for class certification pursuant to Federal Rule of Civil
Procedure 23, subparagraphs (a) and (b)(2), which state:
(a) Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if:
(1) the class is so numerous that joinder of all members is impracticable;
(2) there are questions of law or fact common to the class;
(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and
(4) the representative parties will fairly and adequately protect the interests of the class.
(b) Types of Class Actions. A class action may be maintained if Rule 23(a) is satisfied and if:…
(2) the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole….
Fed. R. Civ. P. 23(a) and (b)(2) (2009). The party seeking class certification has the burden
2 This lawsuit was filed at a time when the Department was known as the Department of Corrections (“DOCS”) and the Complaint refers to it as such. The Court will use its current name in this decision. Further, pursuant to Federal Rule of Civil Procedure 25, the Court will substitute the current custodian of prisoners, the New York State Department of Correctional and Community Services, for the former entity, the New York State Department of Correctional Services.
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of demonstrating that Rule 23’s requirements are satisfied. Caridad v. Metro-North
Commuter Railroad, 191 F.3d 283, 291 (2d Cir. 1999) (citation omitted), cert. denied, 529
U.S. 1107 (2000); see also, 5 James Wm. Moore et al., MOORE’S FEDERAL PRACTICE
§ 23.60[2] (“[A] class action must satisfy each of the requirements of Rule 23, and the
plaintiff must plead more than a simple reiteration of those requirements in conclusory
allegations. Instead, the plaintiff should allege facts demonstrating that all of the
requirements for bringing a class action are fulfilled.”) (citation omitted). It is well settled
that before certifying a class, a district court must conduct a “rigorous analysis” to determine whether or not Rule 23’s requirements have been met.3 Caridad v. Metro-North
Commuter Railroad, 191 F.3d at 291. However, a court should not inquire into the merits
of the plaintiffs’ underlying claims. Id. (citation omitted). Moreover, courts are required to
construe Rule 23’s requirements liberally. Eisen v. Carlisle & Jacquelin, 391 F.2d 555, 563
(2d Cir. 1968). Courts should resolve doubts about whether Rule 23 has been satisfied in
3 Neither Rule 23, nor the vast majority of cases interpreting it identifies a particular burden of proof on the plaintiff. See, e.g., Shepherd v. Babcock & Wilcox of Ohio, No. C-3-98-391, 2000 U.S. Dist. Lexis 6349, 2000 WL 987830 at *1 n. 5 (S.D. Ohio, Mar. 3, 2000) (“Although many…reported decisions state that the party seeking certification carries this burden, research has found only one reported case which defines that burden, whether as being the preponderance of evidence or otherwise.”). According to a leading treatise on the subject of class actions, that is because “[b]urden of proof concepts are generally more applicable to proof of facts or evidence and do not comfortably fit in determinations respecting whether a particular procedural device has been properly invoked or should be permitted to be maintained.” 2 Herbert B. Newberg & Alba Conte, Newberg on Class Actions § 7.17 (3d ed. 1992). The Newberg treatise further indicates that the plaintiff's burden under Rule 23 is merely a burden to plead facts indicating that Rule 23 is satisfied, which then creates a rebuttable presumption in favor of class certification. Id. at §§ 7.19-7.20. If the defendant rebuts this presumption by producing contrary evidence, the burden of production then shifts back to the plaintiff to produce counter-affidavits or other evidence. Id. at § 7.26 The Court must then exercise its discretion to determine whether class certification is appropriate. Id. at § 7.27
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favor of certification. In re Industrial Diamonds Litigation, 167 F.R.D. 374, 378 (S.D.N.Y.
1996) (citations omitted).
DISCUSSION
Timeliness of the motion to certify the class
First, Defendants contend that Plaintiffs’ motion is untimely. The Court disagrees.
Federal Rule of Civil Procedure 23 states on this issue as follows: “At an early practicable
time after a person sues or is sued as a class representative, the court must determine by
order whether to certify the action as a class action.” Fed. R. Civ. P. 23(c)(1)(A) (2009).
The Court’s Local Rule 23 states, in pertinent part, as follows:
(c) Within sixty days after issue having been joined in any class action, counsel for the parties shall meet with a District Judge or Magistrate Judge and a scheduling order shall issue providing for orderly discovery; such order may initially limit discovery only as to facts relevant to the certification of the alleged class.
(d) Within 120 days after the filing of a pleading alleging a class action, unless this period is extended on motion for good cause filed prior to the expiration of said 120-day period or in the scheduling order, the party seeking class certification shall move for a determination under Federal Rule of Civil Procedure 23(c)(1) as to whether the case is to be maintained as a class action.
W.D.N.Y. Loc. R. Civ. P. 23(c) & (d) (2003) (emphasis added). Neither the applicable
Federal nor the Local Rule sets a date earlier than 120 days after the pleading filed
alleging a class action, or as fixed in the scheduling order. In this case, the first scheduling
order to mention certification of a class action was the one docketed on October 8, 2008,
which states in pertinent part: “Motions to certify this matter as a class action, if any, shall
be filed no later than February 27, 2009.” (Fourth Amended Scheduling Order (Docket No.
168), Oct. 8, 2008 ¶ 2.) On January 30, 2009, the Court extended that deadline by thirty
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days. (Docket No. 171.) Thirty days after February 27, 2009, is March 29, 2009, a Sunday. The version of Federal Rule of Civil Procedure 6 in effect at the time set the due date as March 30, 2009, and the motion to certify the class was filed on March 30, 2009, at 4:03 p.m. (Docket No. 172.) Accordingly, the motion was timely. Class certification
The next issue is whether the class, either as defined by one of the parties, or some other class defined by the Court, should be certified under Rule 23. Defendants concede that if the Court should find that the motion was timely made, then it should certify a more carefully defined class than the one proposed by Plaintiffs, should limit the class relief to only declaratory and injunctive remedies, and should limit the DOCCS facilities concerned to only those named in the third amended complaint. Plaintiffs oppose these limitations. The Court will review the Rule 23 requirements as they apply to the proposed certification. Rule 23(a)(1) Numerosity
Plaintiff's proposed class is described in the complaint as follows: Plaintiffs bring this action on their own behalf and, pursuant to Rule 23(b)(1) and Rule 23(b)(2) of the Federal Rules of Civil Procedure, on behalf of all individuals with ambulatory disabilities that substantially limit one or more of their major life activities. Plaintiffs, and members of the putative class are currently incarcerated, or may become incarcerated in the future, under the custody and control of defendants at the Five Points, Franklin, Wyoming, Orleans, Attica, Green Haven and Upstate Correctional Facilities. Compl. ¶ 4. Plaintiff alleges that the actual size of the class is unknown, but that “upon information and belief, there are hundreds of class members.” Compl. ¶ 5. This number was further refined in David L. Cook’s affidavit, which set the number at 203 as of March 30, 2009. Cook Aff. ¶ 13, Mar. 30, 2009, ECF No. 172-1.
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A plaintiff need not establish the precise number of class members in order to satisfy the numerosity requirement. McNeill v. New York City Housing Authority, 719 F. Supp. 233, 252 (S.D.N.Y.1989); Ellender v. Schweiker, 550 F.Supp. 1348, 1359 (S.D.N.Y. 1982), app. dism’d 781 F.2d 314 (2d Cir.1986). “It is permissible for [a] plaintiff to rely on reasonable inferences drawn from the available facts. Furthermore, the lack of knowledge as to the exact number of affected persons is not a bar to maintaining a class action where the defendants alone have access to such data. See Folsom v. Blum, 87 F.R.D. 443, 445 (S.D.N.Y. 1980).” McNeill, 719 F. Supp. at 252.
Defendants do not dispute that Plaintiff’s allegations meet the numerosity requirement. The Court finds that Plaintiffs’ allegations of at least 203 potential class members, as well as the effect on future wheelchair-bound inmates, does meet the numerosity requirement. Rule 23(a)(2) Commonality
Rule 23(a)(2)’s commonality requirement “is met if plaintiffs’ grievances share a common question of law or of fact.” Marisol A. v. Giuliani, 126 F.3d 372, 376 (2d Cir. 1997) (citations omitted). Commonality will not be “defeated by the possibility that the proof required to demonstrate ‘injury’ might be highly individualized.” In re Sumitomo Copper Litigation v. Credit Lyonnais Rouse Ltd., 262 F.3d 134, 141 (2d Cir. 2001) (citations omitted).
Defendants do not argue that Plaintiff will be unable to show commonality. The Southern District has held that where the “claims of all proposed class members derive from the same ... policies and procedures, and are based on the same legal theories,” the
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commonality requirement is met. McNeill, 719 F. Supp. at 252. “There is no requirement that ‘the factual background of each named plaintiff’s claim be identical to that of all class members.’ Caridad [v. Metro–North Commuter R.R., 191 F.3d 283,] 29[3] [(2d Cir.1999).]; see Cromer [Finance Ltd. v. Berger,] 205 F.R.D. [113,] 122 (S.D.N.Y.2001).” Ingles v. City of New York, No. 01 Civ. 8279, 2003 WL 402565, *5 (S.D.N.Y. Feb. 20, 2003).
In the instant case, the Court finds that Plaintiff has demonstrated the existence of several common issues, most notably the allegations that DOCCS is violating Plaintiffs’ rights under the ADA, the Rehabilitation Act, and the Eighth Amendment, and that the allegations in the complaint “primarily concern the design of the existing facilities,” which Plaintiffs contend “are common to all wheel-chair bound inmates” in DOCCS facilities. Further, Plaintiffs seek only certification on their claims for declaratory and injunctive relief, not the damages claims concerning any injuries. Pl.s’ Mem. of Law 5–6. Accordingly, Rule 23(a)(2) is satisfied. Rule 23(a)(3) Typicality
Rule 23(a)(3)’s typicality requirement is satisfied when each class member’s claim arises from the same course of events and each class member makes similar legal arguments to prove the defendant’s liability. When it is alleged that the same unlawful conduct was directed at or affected both the named plaintiff and the class sought to be represented, the typicality requirement is usually met irrespective of minor variations in the fact patterns underlying individual claims. Robidoux v. Celani, 987 F.2d 931, 936–37 (2d Cir.1993) (citations omitted). Moreover, “[d]ifferences in the damages sustained by individual class members does not preclude a showing of typicality, nor defeat class certification.” In re Playmobil Antitrust Litigation, 35 F.Supp.2d 231, 242 (E.D.N.Y.1998) (citations omitted). As with commonality, the claims
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of the class representatives are typical of those faced by the proposed class members. Accordingly, the Court finds that Rule 23(a)(3) is satisfied since all claims arise out of the same practices alleged to be illegal and unconstitutional in Plaintiffs’ complaint. Rule 23(a)(4) Adequacy
To satisfy Rule 23(a)(4), a plaintiff must demonstrate that “class counsel is qualified, experienced, and generally able to conduct the litigation,” and that “there is no conflict of interest between the named plaintiffs and other members of the plaintiff class.” Marisol A., 126 F.3d at 378 (Citations omitted). Defendants’ papers do not object to Plaintiffs’ choice of counsel. There is no showing of a conflict of interest between the named plaintiffs and other members of the proposed class. Further, the Court is familiar with Mr. Cook’s vast experience and finds that counsel is more than qualified. Rule 23(b)
The Court will now turn its attention to whether Plaintiffs have satisfied Rule 23(b)(2).4 Plaintiffs posit that their proposed class action is maintainable under rule 23(b)(2), which requires a showing that “the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole….” Fed. R. Civ. P. 23(b)(2). Plaintiffs allege in their complaint, and Defendants have not argued to the contrary, that the named defendants have failed to act on issues applicable to the class generally. “Rule 23(b)(2) applies only when a single injunction or declaratory judgment would provide relief to each member of the class. It does not authorize class certification
4 Plaintiffs contend they satisfy other alternatives in Rule 23(b); the Court need only address one.
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when each individual class member would be entitled to a different injunction or declaratory

judgment against the defendant.” Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 360

(2011). From the allegations in the complaint, it appears that a single injunction or

declaratory judgment would address the allegations of each member of the class as to

inaccessibility of the various DOCCS’ facilities and that individualized injunctive or

declaratory relief would not be necessary. Therefore, the Court finds that class certification

is proper under Rule 23(b)(2).

CONCLUSION

After reviewing the third amended complaint and the memoranda of law, the Court

concludes that Plaintiffs have met the criteria for class certification under Rule 23. Further,

the Court is not persuaded that the limitations expressed by Defendants, with the exception

of limiting the class to declaratory and injunctive relief, are necessary. Therefore, the Court

certifies the following class: “Plaintiffs and all prisoners in the custody of the New York

State Department of Correctional and Community Supervision who suffer from a mobility

disability limiting one or more of the prisoner’s major life activities and that requires the use

of a wheelchair.” The Court finds no basis at this juncture to limit the class to only the

facilities alleged in the complaint. Accordingly, the Court grants Plaintiffs’ motion to certify,

ECF No. 172.

IT IS SO ORDERED.

Dated: October 4, 2019 Rochester, New York

ENTER:

/s/ Charles J. Siragusa CHARLES J. SIRAGUSA United States District Judge

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 Case: 1:03-cv-7664 As of: 02/24/2014 11:37 AM EST 1 of 7
CLOSED, CASREF
U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:03−cv−07664−DAB

Shariff v. Goord, et al Assigned to: Judge Deborah A. Batts Demand: $0 Cause: 42:1983 Prisoner Civil Rights Plaintiff Abdul Shariff
Plaintiff Jose Torres
Plaintiff Divine Allah
Plaintiff James West

Date Filed: 09/29/2003 Date Terminated: 08/29/2005 Jury Demand: Plaintiff Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
represented by Abdul Shariff (90−A−2895) Arthur Kill Correctional Facility 2911 Arthur Kill Road Staten Island, NY 10309 PRO SE
represented by Jose Torres PRO SE
represented by Divine Allah PRO SE
represented by James West PRO SE

V. Defendant Glenn S. Goord Commissioner of the Department of Correctional Services
Defendant William E. Phillips Acting Superintendent of Green Haven Correctional Facility
Defendant M.D. Carl J. Koenigsmann Medical Director of Green Haven Correctional Facility
Defendant New York State Department of Correctional Service

represented by Donald Nosve Eliot Spitzer, Atty General of the State of NY 120 Broadway New York, NY 10271 212−416−8227 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Donald Nosve (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Donald Nosve (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:03-cv-7664 As of: 02/24/2014 11:37 AM EST 2 of 7

Individually and in their offical capacities TERMINATED: 01/30/2004

Defendant
State of New York TERMINATED: 01/30/2004

Defendant
Doctor Robert Macomber Physician Assistant at Five Points CF

represented by Donald Nosve (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
RN David Goodwin Assistant Nurse Administrator at Five Points CF

represented by Donald Nosve (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
RN Nancy Conner Nurse Adminstrator at Five Points CF

represented by Donald Nosve (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
M.D. Samuel Stornelli Physician at Five Points CF

represented by Donald Nosve (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
M.D. Dobies former Medical Director at Five Points CF

represented by Donald Nosve (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
M.D. Peter Gregoire Medical Director at Five Points CF

represented by Donald Nosve (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
William Mazzuca Superinterndent of Fishkill C.F.

represented by Donald Nosve (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Donna Masterson Americans with Disabilities Act Coordinator, for the Department of Corrections

represented by Donald Nosve (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Deputy Commissioner Stephen Bernardi Deputy Commissioner of Policy and

represented by Donald Nosve (See above for address) LEAD ATTORNEY

Case: 1:03-cv-7664 As of: 02/24/2014 11:37 AM EST 3 of 7

Complaince Review, for the Department of Correctional Services

ATTORNEY TO BE NOTICED

Defendant
M.D., M.P.H. Lester N. Wright Associate Commissioner/Chief Medical Officer, for the Department of Correctional Services

represented by Donald Nosve (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2003 09/29/2003 09/29/2003 09/29/2003 10/10/2003 10/24/2003 01/30/2004
02/20/2004
05/04/2004
05/04/2004
05/04/2004 05/04/2004

# Docket Text
1 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS by Abdul Shariff . (gf) (Entered: 10/02/2003)
2 APPLICATION by Abdul Shariff for the Court to request counsel . (gf) (Entered: 10/02/2003)
3 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); Reply required under Prison Litigation Reform Act Section 7(2)(g)(2). (gf) (Entered: 10/02/2003)
Magistrate Judge Henry B. Pitman is so designated. (gf) (Entered: 10/02/2003)
4 INITIAL ORDER, regarding the the initial instruction to pro se plaintiff . ( signed by Judge Deborah A. Batts ); (kw) (Entered: 10/14/2003)
5 Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling discovery, non−dispositive motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. ( signed by Judge Deborah A. Batts ) (sac) (Entered: 10/29/2003)
6 AMENDED COMPLAINT amending 3 PLRA Sec. 7(2)(g)(2) Complaint against Robert Macomber, David Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright, Glenn S. Goord, Carl J. Koenigsmann, William E. Phillips.Document filed by Jose Torres, Divine Allah, James West. Related document: 3 PLRA Sec. 7(2)(g)(2) Complaint.(jco, ) (Entered: 02/06/2004)
7 AMENDED SUMMONS ISSUED as to Stephen Bernardi, Nancy Conner, Dobies, David Goodwin, Glenn S. Goord, Peter Gregoire, Carl J. Koenigsmann, Robert Macomber, Donna Masterson, William Mazzuca, New York State Department of Correctional Service, William E. Phillips, State of New York, Samuel Stornelli, Lester N. Wright on February 20, 2004. (jw, ) (Entered: 03/17/2004)
8 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Donna Masterson served on 4/26/2004, answer due 5/17/2004. Service was accepted by Donna Masterson. Document filed by Divine Allah ; Abdul Shariff ; Jose Torres ; James West. (db, ) (Entered: 05/05/2004)
9 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. David Goodwin served on 4/27/2004, answer due 5/17/2004. Service was accepted by personal service. Document filed by Divine Allah ; Abdul Shariff ; Jose Torres ; James West. (jco, ) (Entered: 05/05/2004)
10 ACKNOWLEDGEMENT OF SERVICE. Donna Masterson served on 4/26/2004, answer due 5/17/2004. Service was accepted by Donna Masterson. Document filed by Divine Allah ; Abdul Shariff ; Jose Torres ; James West. (db, ) (Entered: 05/05/2004)
11 ACKNOWLEDGEMENT OF SERVICE. Glenn S. Goord served on 4/26/2004, answer due 5/17/2004. Service was accepted by William Gonzalez. Document filed by Divine Allah ; Abdul Shariff ; Jose Torres ; James West. (djc, ) (Entered: 05/05/2004)

Case: 1:03-cv-7664 As of: 02/24/2014 11:37 AM EST 4 of 7

05/04/2004 05/04/2004 05/04/2004 05/04/2004 05/10/2004 05/10/2004 05/13/2004 05/13/2004 05/25/2004 05/25/2004 05/25/2004 05/25/2004 08/13/2004

12 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Peter Gregoire served on 4/26/2004, answer due 5/17/2004. Service was accepted by J. Peter Gregoire. Document filed by Divine Allah ; Abdul Shariff ; Jose Torres ; James West. (db, ) (Entered: 05/05/2004)
13 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Robert Macomber served on 4/27/2004, answer due 5/17/2004. Service was accepted by Robert Macomber. Document filed by Divine Allah ; Abdul Shariff ; Jose Torres ; James West. (dle, ) (Entered: 05/05/2004)
14 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. William Mazzuca served on 4/23/2004, answer due 5/13/2004. Service was accepted by William Mazzuca. Document filed by Divine Allah ; Abdul Shariff ; James West. (dle, ) (Entered: 05/05/2004)
15 ACKNOWLEDGEMENT OF SERVICE of summons and complaint. Nancy Conner served on 4/27/2004, answer due 5/17/2004. Service was accepted by personal service. Document filed by Abdul Shariff. (djc, ) (Entered: 05/05/2004)
16 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Dobies. Attempted Service of Summons and Amended Complaint,. Service was attempted on 05/04/04. Document filed by Divine Allah, Abdul Shariff, Jose Torres, James West. (djc, ) (Entered: 05/11/2004)
17 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint served. Samuel Stornelli served on 5/3/2004, answer due 5/24/2004. Service was made by mail. Document filed by Divine Allah ; Abdul Shariff ; Jose Torres ; James West. (yv, ) (Entered: 05/11/2004)
18 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Stephen Bernardi served on 5/7/2004, answer due 5/27/2004. Service was accepted by William M. Gonzalez, Deputy Counsel. Document filed by Abdul Shariff. (jco, ) (Entered: 05/14/2004)
19 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint served. Lester N. Wright served on 5/3/2004, answer due 5/24/2004. Service was made by Mail. Document filed by Divine Allah ; Abdul Shariff ; Jose Torres ; James West. (yv, ) (Entered: 05/14/2004)
20 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. Carl J. Koenigsmann served on 5/6/2004, answer due 5/26/2004. Service was accepted by Carl Koenigsmann. Document filed by Divine Allah ; Abdul Shariff ; Jose Torres ; James West. (db, ) (Entered: 05/26/2004)
21 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Carl J. Koenigsmann served on 5/6/2004, answer due 5/26/2004. Service was accepted by Carl Koenigsmann. Document filed by Divine Allah ; Abdul Shariff ; Jose Torres ; James West. (db, ) (Entered: 05/26/2004)
22 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint, served. William E. Phillips served on 5/7/2004, answer due 5/27/2004. Service was accepted by William E. Phillips. Document filed by Divine Allah ; Abdul Shariff ; Jose Torres ; James West. (db, ) (Entered: 05/26/2004)
23 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. William E. Phillips served on 5/7/2004, answer due 5/27/2004. Service was accepted by William E. Phillips. Document filed by Divine Allah ; Abdul Shariff ; Jose Torres ; James West. (db, ) (Entered: 05/26/2004)
24 ENDORSED LETTER addressed to Judge Pitman from Donald Nowve dated 8/2/04: defts' time to answer or move with respect to the amended complaint is extended to 9/30/04. Any challenge to the formor facial adequacy of the Amended Complaint should be made by formal motion. (Signed by Judge Henry B. Pitman

Case: 1:03-cv-7664 As of: 02/24/2014 11:37 AM EST 5 of 7

08/31/2004
09/27/2004 09/30/2004 09/30/2004 10/15/2004 10/20/2004 11/10/2004
11/10/2004
11/29/2004 11/29/2004 11/29/2004 12/01/2004

on 8/9/04) (cd, ) (Entered: 08/16/2004)
25 MEMORANDUM OPINION anbd ORDER # 90578 re: Denying without prejudice to renewal 2 Application for Court to Request Counsel; Any renewed motion should be accompanied by an affidavit that specifically addresses the relevant factors set forth herein and provides detaails sufficient to establish that the foregoing factors are satisfied. (Signed by Judge Henry B. Pitman on 08/27/04) copy mailed by chambers.(djc, ) (Entered: 09/01/2004)
26 ENDORSED LETTER addressed to Mag. Jude Henry B. Pitman from Donald Nowve dated 09/23/04 re: defendants' time to respond to the Amended complaint by Answer or motion is extended up to and including October 21, 2004; (Signed by Judge Henry B. Pitman on 09/24/04) (djc, ) (Entered: 09/28/2004)
27 MEMORANDUM OF LAW in Support of Plaintiffs' Motion for Preliminary Injunction. Document filed by Divine Allah, Jose Torres, James West. (djc, ) (Entered: 10/13/2004)
28 MOTION for Preliminary Injunction as set forth. Document filed by Divine Allah, Jose Torres, James West. Attached are affidavits in support. (djc, ) (Entered: 10/13/2004)
29 MEMORANDUM OPINION AND ORDER # 7664; that in light of an additional submission made by plaintiffs, I hereby vacate my Memorandum Opinion and Order dated 8/27/04 and direct that this caee be added to the list of cases considered by the Pro Bono Panel. (Signed by Judge Henry B. Pitman on 10/6/04) (pl, ) Modified on 10/20/2004 (pl, ). (Entered: 10/20/2004)
30 ENDORSED LETTER addressed to Judge Henry Pitman from Donald Nowve dated 10/15/04 re: request a further extension of time, until 11/10/04, to respond to the pro se amended complaint (AC). Application Granted. Responses due by 11/10/2004 (Signed by Judge Henry B. Pitman on 10/18/04) (dfe, ) (Entered: 10/25/2004)
31 ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Donald Nowve dated 11/8/04 re: defendants request a further extension of time until 11/15/04 to respond to the pro se amended complaint. The application is granted. But counsel is reminded that Affidavits cannot be considered in connection with a 12(b)(6) motion. (Signed by Judge Henry B. Pitman on 11/9/04) (sac, ) (Entered: 11/11/2004)
Set Answer Due Date purs. to 31 Endorsed Letter, as to Stephen Bernardi answer due on 11/15/2004; Nancy Conner answer due on 11/15/2004; Dobies answer due on 11/15/2004; Glenn S. Goord answer due on 11/15/2004; Peter Gregoire answer due on 11/15/2004; Carl J. Koenigsmann answer due on 11/15/2004; Robert Macomber answer due on 11/15/2004; Donna Masterson answer due on 11/15/2004; William Mazzuca answer due on 11/15/2004; William E. Phillips answer due on 11/15/2004; Samuel Stornelli answer due on 11/15/2004; Lester N. Wright answer due on 11/15/2004. (sac, ) (Entered: 11/11/2004)
32 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Donald Nowve dated 11/22/04 re: counsel for dfts reuqest that their time to respond to the AC by motion to dismiss be further extended up to and including 12/1/04. Application granted. (Signed by Judge Henry B. Pitman on 11/27/04) (dle, ) (Entered: 12/01/2004)
Set/Reset Deadlines: Motions due by 12/1/2004. (dle, ) (Entered: 12/01/2004)
33 ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Donald Nowve dated 11/15/04 re: granting defendants' extension of time until 11/19/04 to respond to the pro se amended complaint. (Signed by Judge Henry B. Pitman on 11/15/04) (sac, ) (Entered: 12/01/2004)
34 NOTICE OF MOTION to Dismiss Amended complt.. attached Local rule 56.2. attached declaration of Donald Nowve in support.. Document filed by Stephen Bernardi, Nancy Conner, Dobies, David Goodwin, Glenn S. Goord, Peter Gregoire, Carl J. Koenigsmann, Robert Macomber, Donna Masterson, William Mazzuca, William E. Phillips, Samuel Stornelli, Lester N. Wright. (pa, ) (Entered:

Case: 1:03-cv-7664 As of: 02/24/2014 11:37 AM EST 6 of 7

12/01/2004 02/07/2005 02/15/2005 02/15/2005 02/22/2005 02/25/2005
02/25/2005 03/28/2005 04/01/2005 04/01/2005 04/18/2005 08/26/2005
08/26/2005

12/02/2004)
35 MEMORANDUM OF LAW in Support re: 34 MOTION to Dismiss.. Document filed by Stephen Bernardi, Nancy Conner, Dobies, David Goodwin, Glenn S. Goord, Peter Gregoire, Carl J. Koenigsmann, Donna Masterson, William Mazzuca, William E. Phillips, Samuel Stornelli, Lester N. Wright. (pa, ) (Entered: 12/02/2004)
36 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motio: summary judgment. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Deborah A. Batts on 1/27/05) (db, ) (Entered: 02/14/2005)
37 ENDORSED LETTER addressed to Magistrate Judge Pitman from Donald Nowve dated 1/26/2005 re: defendants request for an extension of time up to and including 2/28/2005 to file their reply brief in further support of their motion to dismiss the complaint is granted. (Signed by Judge Henry B. Pitman on 2/7/2005) (jsa, ) (Entered: 02/17/2005)
Set/Reset Deadlines: Replies due by 2/28/2005. (jsa, ) (Entered: 02/17/2005)
38 MEMORANDUM OF LAW in Support re: 34 MOTION to Dismiss.. Document filed by Glenn S. Goord, William E. Phillips, Carl J. Koenigsmann, Robert Macomber, David Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright. (dle, ) (Entered: 02/25/2005)
39 ENDORSED LETTER addressed to Judge Henry Pitman from Donald Nowve dated 2/23/05 re: Counsel for defendants writes to request a extension of time until 3/28/05 to submit their reply brief in further support of their motion to dismiss the pro se amended complaint. Application Granted. No further extensions. So Ordered. (Signed by Judge Henry B. Pitman on 2/24/05) (jco, ) (Entered: 03/04/2005)
Set Deadlines/Hearings: Reply Brief due by 3/28/2005. (jco, ) (Entered: 03/04/2005)
40 REPLY MEMORANDUM OF LAW in Support of re: 34 MOTION to Dismiss. Document filed by Glenn S. Goord, William E. Phillips, Carl J. Koenigsmann, Robert Macomber, David Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright. (kw, ) (Entered: 04/04/2005)
41 ORDER that the referral to Mag Judge Pitman, made on 1/27/05, for a dispositive moton is hereby closed. (Signed by Judge Deborah A. Batts on 3/25/05) (cd, ) (Entered: 04/05/2005)
Judge Henry B. Pitman no longer assigned to case. (cd, ) (Entered: 04/05/2005)
42 RESPONSE to re: 40 Reply Memorandum of Law in Support of Motion. Document filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (kw, ) (Entered: 04/25/2005)
43 ORDER re: 34 MOTION to Dismiss. filed by William Mazzuca,, William E. Phillips,, Glenn S. Goord,, Robert Macomber,, Lester N. Wright,, Carl J. Koenigsmann,, Stephen Bernardi,, Donna Masterson,, Peter Gregoire,, Dobies,, Samuel Stornelli,, Nancy Conner,, David Goodwin,. For the reasons further set forth in this Order, defendants' motion to dismiss the case in its entirety for improper venue is denied. Defendants' motion to dismiss claims of plaintiffs Shariff and Allah seeking injunctive relief in the Southern District of NY is granted. Defendants' motion to transfer venue to the Western District of NY is granted. The Clerk of the Court is directed to tranfer the entire remaining action the the Western District of NY (Signed by Judge Deborah A. Batts on 8/25/05) (yv, ) (Entered: 08/29/2005)
44 MEMORANDUM AND ORDER; For the reasons stated herein, Defendants' motion to dismiss the case in its entirety for improper venue is denied. Defendants' motion to dismiss claims of Plaintiffs Shariff and Allah seeking injunctive relief in

Case: 1:03-cv-7664 As of: 02/24/2014 11:37 AM EST 7 of 7

08/29/2005
06/19/2006 10/29/2008

the SDNY is Granted. Defendants' motion to transfer venue to the Western District of NY is Granted. The Clerk of the Court is directed to transfer the entire remaining action to the Western District of NY. (Signed by Judge Deborah A. Batts on 8/25/05) (djc, ) (Entered: 08/30/2005)
CASE TRANSFERRED OUT from the U.S.D.C. Southern District of New York to the United States District Court − Western District of New York. Sent original file along with documents numbered 1−43, certified copy of docket entries and transfer order. Mailed via Federal Express AIRBILL # 8527 1452 1430 on 9/5/05. (yv, ) (Entered: 08/29/2005)
45 PRO SE MEMORANDUM dated 6/19/2006 re: CHANGE OF ADDRESS for Abdul Shariff. New Address: (90−A−2895), Wyoming Correctional Facility, P.O. Box 501, Attica, NY, 14011. (jar, ) (Entered: 06/27/2006)
46 PRO SE MEMORANDUM dated 10/27/08 re: CHANGE OF ADDRESS for Abdul Shariff. New Address: 90−A−2895, Arthur Kill Correctional Facility, 2911 Arthur Kill Road, Staten Island, NY, 10309. (tro) (Entered: 10/29/2008)

 
 Create an Alert for This Case on RECAP

CASREF,ProSe

U.S. DISTRICT COURT U.S. District Court, Western District of New York (Rochester)
CIVIL DOCKET FOR CASE #: 6:05-cv-06504-CJS-MJP

Shariff et al v. Allah et al Assigned to: Hon. Charles J. Siragusa Referred to: Hon. Mark W. Pedersen Cause: 42:1983 Prisoner Civil Rights
Plaintiff Abdul Shariff

Date Filed: 09/07/2005 Jury Demand: Both Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
represented by David L. Cook LeClairRyan 70 Linden Oaks Suite 210 Rochester, NY 14625 585-238-2012 Fax: 585-232-3141 Email: dcook@phillipslytle.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jared Kimball Cook Vahey & Getz LLP 144 Exchange Boulevard Suite 400 Rochester, NY 14614 585-327-4100 Fax: 585-327-4200 Email: jcook@vaheygetz.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Terence Lee Robinson , Jr. Boylan Code LLP 28 South Main Street Canandaigua, NY 14424 585-394-0564 Fax: 585-396-9678

Plaintiff Jose Torres TERMINATED: 04/13/2007 Plaintiff Divine Allah
Plaintiff James West Individually And On Behalf Of All Other Persons Similarly, Situated
V. Defendant Glenn S. Goord

Email: trobinson@mmrlegal.com TERMINATED: 01/07/2011
represented by David L. Cook (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David L. Cook (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jared Kimball Cook (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terence Lee Robinson , Jr. (See above for address) TERMINATED: 01/07/2011
represented by David L. Cook (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jared Kimball Cook (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Terence Lee Robinson , Jr. (See above for address) TERMINATED: 01/07/2011
represented by Gary M. Levine New York State Office of the

Attorney General 144 Exchange Boulevard Suite 200 Rochester, NY 14614 585-327-3223 Fax: 585-546-7514 Email: gary.levine@ag.ny.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown New York State Office of the Attorney General 144 Exchange Boulevard Suite 200 Rochester, NY 14614 585-546-7430 Fax: 585-546-7514 Email: matthew.brown@ag.ny.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce New York State Office of the Attorney General 144 Exchange Boulevard Suite 200 Rochester, NY 14614 585-327-3215 Fax: 585-546-7514 Email: benjamin.bruce@oag.state.ny.us TERMINATED: 10/14/2008
Charles D. Steinman Jeffrey Wicks PLLC Suite 101 36 West Main Street Rochester, NY 14614 585-325-6070 Fax: 585-678-4503 Email: csteinman@wickslaw.net TERMINATED: 06/21/2006
Donald Nosve Eliot Apitzer, Atty. General of the

Defendant William Phillips
Defendant Carl J. Koeningsmann M.D. TERMINATED: 04/13/2007
Defendant Doctor Robert Macomber Physician Assistant at Five Points

State of NY 120 Broadway New York, NY 10271 (212) 416-8227 TERMINATED: 09/07/2005
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
Charles D. Steinman (See above for address) TERMINATED: 06/21/2006
Donald Nosve (See above for address) TERMINATED: 09/07/2005
represented by Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
Charles D. Steinman (See above for address) TERMINATED: 06/21/2006
Donald Nosve (See above for address) TERMINATED: 09/07/2005
represented by Benjamin A. Bruce (See above for address)

CF TERMINATED: 04/13/2007
Defendant RN David . Goodwin Assistant Nurse Administrator at Five Points CF TERMINATED: 04/13/2007
Defendant RN Nancy Conner Nurse Administrator at Five Points CF TERMINATED: 04/13/2007
Defendant M.D. Samuel Stornelli Physician at Five Points CF TERMINATED: 04/13/2007

TERMINATED: 10/14/2008
Charles D. Steinman (See above for address) TERMINATED: 06/21/2006
Donald Nosve (See above for address) TERMINATED: 09/07/2005
represented by Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
Charles D. Steinman (See above for address) TERMINATED: 06/21/2006
Donald Nosve (See above for address) TERMINATED: 09/07/2005
represented by Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
Charles D. Steinman (See above for address) TERMINATED: 06/21/2006
Donald Nosve (See above for address) TERMINATED: 09/07/2005
represented by Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
Charles D. Steinman (See above for address) TERMINATED: 06/21/2006

Defendant M.D. Dobies former Medical Director at Five Points CF TERMINATED: 04/13/2007
Defendant J. Peter Gregoire, M.D.
Defendant William Mazzuca Superintendent of Fishkill C.F. TERMINATED: 04/13/2007

Donald Nosve (See above for address) TERMINATED: 09/07/2005
represented by Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
Charles D. Steinman (See above for address) TERMINATED: 06/21/2006
Donald Nosve (See above for address) TERMINATED: 09/07/2005
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
Charles D. Steinman (See above for address) TERMINATED: 06/21/2006
Donald Nosve (See above for address) TERMINATED: 09/07/2005
represented by Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008

Defendant Donna Masterson Americans with Disabilities Act Coordinator, for the Department of Corrections TERMINATED: 04/13/2007
Defendant Stephen Bernardi
Defendant

Charles D. Steinman (See above for address) TERMINATED: 06/21/2006
Donald Nosve (See above for address) TERMINATED: 09/07/2005
represented by Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
Charles D. Steinman (See above for address) TERMINATED: 06/21/2006
Donald Nosve (See above for address) TERMINATED: 09/07/2005
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
Charles D. Steinman (See above for address) TERMINATED: 06/21/2006
Donald Nosve (See above for address) TERMINATED: 09/07/2005

Lester N. Wright, MPH
Defendant Brian S. Fischer
Defendant Robert Raymond

represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
Charles D. Steinman (See above for address) TERMINATED: 06/21/2006
Donald Nosve (See above for address) TERMINATED: 09/07/2005
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address)

Defendant John H. Nuttall
Defendant Thomas G. Eagen
Defendant Thomas M. Poole

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address)

Defendant Lawrence Weingartner
Defendant Sheryl Zenzen
Defendant Daniel Weinstock

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce

Defendant Menally Defendant Winegardner
Defendant Napoli
Defendant Ritchie-Carter
Defendant

(See above for address) TERMINATED: 10/14/2008
represented by Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lawrence Sears
Defendant John R. Demars
Defendant Glen Champagne, M.D.
Defendant

represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008

Lori Mantory
Defendant Michael Giambruno
Defendant Gerald Elmore
Defendant

represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008

Habib Shieky, M.D.
Defendant Dave Unger
Defendant Jim Lindsay
Defendant

represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008

Sherry Montanari
Defendant Robinson, R.N.
Defendant James Conway
Defendant

represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008

Sandra Dolce
Defendant Richard Apps
Defendant Robert Ercole
Defendant

represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008

Robert Cunningham
Defendant Delores Thornton
Defendant Frederick Bernstein
Defendant Totten
Defendant

represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kaiser
Defendant Robert K. Woods
Defendant Maria B. Tirone
Defendant Evelyn Weissman

represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant the New York State Department of Correctional Services
Defendant Charles Devane
Defendant Pippen, R.N.

Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Mohrning

Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008
represented by Gary M. Levine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew D. Brown (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin A. Bruce (See above for address) TERMINATED: 10/14/2008

Date Filed 09/07/2005
09/07/2005

# Docket Text
44 Case transferred in from Southern District of New York; Case Number 03-CV-7664. Original file received (with the excpetion of items #3, 27, 28, 42 which were reported to Southern District as missing from the file), a certified copy of transfer order and docket sheet. (Attachments: # 1 transfer order)(DZ, ) (Entered: 09/07/2005)
45 CONTINUATION OF EXHIBITS to 44 Case Transferred In District Transfer, . (Attachments: # 1 Application to Appoint Counsel# 2 Order# 3 Order of Reference# 4 Amended Complaint# 5 amended summons issued# 6 items #8 and #10 retruns of service# 7 return of service# 8 return of service# 9 return of service# 10 return of service# 11 return of service# 12 return of service# 13 return of service# 14 return of service# 15 return of service# 16 return of service# 17 item #20-23 retruns of service)(DZ, ) (Entered: 09/13/2005)

09/07/2005
09/07/2005 09/07/2005 09/22/2005 09/26/2005
09/26/2005 09/27/2005 10/12/2005 10/14/2005

46 CONTINUATION OF EXHIBITS to 44 Case Transferred In District Transfer, . (Attachments: # 1 item #25 Memorandum and Order# 2 #26 endorsed letter# 3 # 29 Memorandum and Order# 4 item #30 endorsed letter# 5 item #31 endorsed letter# 6 item #32 endorsed letter# 7 item #33 endorsed letter)(DZ, ) (Entered: 09/13/2005)
47 CONTINUATION OF EXHIBITS to 44 Case Transferred In District Transfer, . motion to dismiss and (Attachments: # 1 exhibits to motion# 2 exhibits to moiton)(DZ, ) (Entered: 09/13/2005)

48 CONTINUATION OF EXHIBITS to 44 Case Transferred In District Transfer, . (Attachments: # 1 Order #36# 2 item #37 endorsed letter# 3 item #38 memorandum# 4 item #39 endorsed letter# 5 item #40 reply memorandum# 6 item #41 order)(DZ, ) (Entered: 09/13/2005)

49 NOTICE of Appearance by David L. Cook on behalf of all plaintiffs (Cook, David) (Entered: 09/22/2005)

50

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT

ORDER

Court Clerk is directed to transfer this action to Rochester and reassign the case to a Rochester judge.

Defendants are to file copies of S.D.N.Y. Case No. 03-CV-7664, Docket Nos. 27, 28, and 42, items missing from the docket when this action was transferred from the S.D.N.Y. So Ordered. Signed by Hon. Hugh B. Scott on 9/26/2005. (DRH) (Entered: 09/26/2005)
Case Reassigned to Judge Charles J. Siragusa. Judge Hugh B. Scott no longer assigned to the case. (DZ, ) (Entered: 09/27/2005)
Remark - All future submissions in this action should reflect, and be filed in, the new case number 6:05-CV-6504. (DZ, ) (Entered: 09/27/2005)
51 ORDER REFERRING CASE to Magistrate Judge Jonathan W. Feldman. Signed by Hon. Charles J. Siragusa on 10/11/05. (JHF) (Entered: 10/12/2005)

52 ORDER Scheduling Conference set for 12/2/2005 at 10:00 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 10/14/2005. (RO) (Entered: 10/14/2005)

10/20/2005 10/20/2005 10/20/2005 10/21/2005 11/21/2005 12/02/2005 12/09/2005 12/12/2005 12/14/2005 12/15/2005

53 MEMORANDUM IN SUPPORT re 50 Order, This was Docket # 27 in S.D.N.Y. Case # 03cv7664 byAbdul Shariff, Jose Torres, Divine Allah, James West. (Steinman, Charles) (Entered: 10/20/2005)
54 MOTION for Preliminary Injunction this was Docket #28 in S.D.N.Y Case #03cv7664 (Refer to Order Docket # 50) by Abdul Shariff, Jose Torres, Divine Allah, James West.(Steinman, Charles) (Entered: 10/20/2005)
55 REPLY to Response to Motion re 54 MOTION for Preliminary Injunction this was Docket #42 in S.D.N.Y. Case #03cv7664 (Refer to Order Docket #50 filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Steinman, Charles) Modified on 10/21/2005 (JHF) (Entered: 10/20/2005)
E-Filing Error Corrected: per attorney, Clerk corrected docket text for 55 REPLY. (JHF) (Entered: 10/21/2005)
56 Minute Entry for proceedings held before Judge Charles J. Siragusa : In Chambers Conference held on 11/21/2005. (Court Reporter Frank Leogrande.) (MSH, ) (Entered: 11/22/2005)
57 Minute Entry for proceedings held before Judge Jonathan W. Feldman : Status Conference held on 12/2/2005. (RO) (Entered: 12/02/2005)
58 Minute Entry for proceedings held before Judge Charles J. Siragusa : Preliminary Injunction hearing held. Court issues a temporary restraining order and hearing will continue 12-16-05 at 10:00 am.(Court Reporter Frank Leogrande.) (MSH, ) (Entered: 12/09/2005)
Set/Reset Deadlines as to 54 MOTION for Preliminary Injunction this was Docket #28 in S.D.N.Y Case #03cv7664 (Refer to Order Docket # 50). Motion Hearing continued for 12/16/2005 10:00 AM before Hon. Charles J. Siragusa. (TO, ) (Entered: 12/12/2005)
59 TEMPORARY RESTRAINING ORDER that until further Order of the Court, defendants are directed to supply plaintiffs Abdul Shariff, James west, and Divine Allah, with six (6) new single-use catheters per day. Signed by Hon. Charles J. Siragusa on 12/14/05. (JHF) (Entered: 12/14/2005)
60 DECLARATION signed by Gabriel Haas, M.D. re 54 MOTION for Preliminary Injunction this was Docket #28 in S.D.N.Y Case

12/16/2005 06/23/2006 07/31/2006 09/11/2006
09/11/2006 09/15/2006

#03cv7664 (Refer to Order Docket # 50) filed by Carl J. Koeningsmann, Robert Macomber, David. Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright, Glenn S. Goord, William E. Phillips, Carl J. Koeningsmann, Robert Macomber, David. Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright, Glenn S. Goord, William E. Phillips In Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Carl J. Koeningsmann, Robert Macomber, David. Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright, Glenn S. Goord, William E. Phillips, Carl J. Koeningsmann, Robert Macomber, David. Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright, Glenn S. Goord, William E. Phillips. (Bruce, Benjamin) (Entered: 12/15/2005)
61 Minute Entry for proceedings held before Judge Charles J. Siragusa : Preliminary Injunction Hearing held on 12/16/2005. Temporary restraining order lifted and request for a preliminary injunction is denied. (Court Reporter Christi Macri.) (MSH, ) (Entered: 12/16/2005)
62 ORDER Scheduling Conference set for 8/2/2006 at 02:30 PM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 6/23/2006. (RO) (Entered: 06/23/2006)
NOTICE: Scheduling Conference set for 8/2/2006 is RESET for 9/11/2006 at 02:00 PM before Hon. Jonathan W. Feldman. (RO) (Entered: 07/31/2006)
63 SCHEDULING ORDER: Mandatory Disclosure due by 9/29/2006. Defendant Expert Witness ID due by 3/2/2007. Plaintiff Expert Witness ID due by 2/2/2007. Discovery due by 4/2/2007. Join Parties/Amend Pleadings due by 11/15/2006. Motions due by 7/2/2007. Signed by Hon. Jonathan W. Feldman on 9/11/2006. (RO) (Entered: 09/11/2006)
64 Minute Entry for proceedings held before Judge Jonathan W. Feldman : Scheduling Conference held on 9/11/2006. Order issued. (RO) (Entered: 09/11/2006)
65 ORDER denying 54 Motion for Preliminary Injunction; the Temporary Restraining Order issued on 12/9/05 is Lifted; and, the defendants are to provide plaintiffs with soap and water sufficient

10/30/2006 11/02/2006 11/02/2006 11/03/2006 11/08/2006 11/09/2006 11/09/2006 11/09/2006 11/16/2006

for cleaning catheters afetr reuse. Signed by Judge Charles J. Siragusa on 9/14/06. (JHF) (Entered: 09/19/2006)
66 ANSWER to Interrogatories from Defendant Donna (Masterson) D'Aloia by Donna Masterson.(Bruce, Benjamin) (Entered: 10/30/2006)
67 ANSWER to Interrogatories from Defendant Robert MaComber's Response to Plaintiff's First Set of Interrogatories mailed on October 2, 2006 by Robert Macomber.(Bruce, Benjamin) (Entered: 11/02/2006)
68 ANSWER to Interrogatories from Defendant William Mazzuca in Response to Plaintiff's 1st Set of Interrogatories mailed on 10-2-06 by William Mazzuca.(Bruce, Benjamin) (Entered: 11/02/2006)
69 ANSWER to Interrogatories from Defendant Nancy O'ConnorRyerson's Response to Plaintiff's Interrogatories mailed on 10-206 by Nancy Conner.(Bruce, Benjamin) (Entered: 11/03/2006)
70 ANSWER to Interrogatories from Defendant David Goodwin Respones to Plaintiff's First Set of Interrogatories mailed on 10-206 by David. Goodwin.(Bruce, Benjamin) (Entered: 11/08/2006)
71 ANSWER to Interrogatories from Defendant Lester Wright Response to Plaintiff's 1st Set of Interrogatories mailed on 10-22006 by Lester N. Wright.(Bruce, Benjamin) (Entered: 11/09/2006)
72 RESPONSE to Discovery Request from Defendant Lester Wright Response with Exhibit A to Plaintiff's 1st Request for Production of Documents dated 10-2-2006 by Lester N. Wright.(Bruce, Benjamin) (Entered: 11/09/2006)
73 ANSWER to Interrogatories from Defendant Stephen Bernardi Response to Plaintiff's 1st Set of Interrogatories mailed on 10-22006 by Stephen Bernardi.(Bruce, Benjamin) (Entered: 11/09/2006)
74 SCHEDULING ORDER: Defendant Expert Witness ID due by 5/2/2007. Plaintiff Expert Witness ID due by 4/2/2007. All parties shall complete expert discovery by 6/4/2007. Factual Discovery due by 6/4/2007. Join Parties/Amend Pleadings due by 1/16/2007. Motions due by 9/4/2007. Signed by Hon. Jonathan W. Feldman on 11/16/2006. (LMD, ) (Entered: 11/16/2006)

12/07/2006 12/13/2006 01/02/2007 01/12/2007
02/15/2007
03/16/2007 03/16/2007 04/13/2007
04/13/2007

75 ANSWER to Interrogatories from Defendant Glenn Goord Response to Plaintiffs 1st Set of Interrogatories mailed on 10-022006 by Glenn S. Goord.(Bruce, Benjamin) (Entered: 12/07/2006)
76 ANSWER to Interrogatories from Defendant William Phillips to Plaintiff's 1st Set of Interrogatories mailed on 10-02-2006 by William E. Phillips.(Bruce, Benjamin) (Entered: 12/13/2006)
77 ANSWER to Interrogatories from Defendant J. Peter Gregoire, MD to Plaintiff's 1st set of Interrogatories mailed on October 2, 2006 by Peter Gregoire.(Bruce, Benjamin) (Entered: 01/02/2007)
78 SECOND AMENDED SCHEDULING ORDER: Defendant Expert Witness ID due by 6/1/2007. Plaintiff Expert Witness ID due by 5/2/2007. Discovery due by 7/5/2007. Join Parties/Amend Pleadings due by 2/16/2007. Motions due by 10/4/2007. Signed by Hon. Jonathan W. Feldman on 1/12/2007. (RO) (Entered: 01/16/2007)
79 THIRD AMENDED SCHEDULING ORDER: Defendant Expert Witness ID due by 7/5/2007. Plaintiff Expert Witness ID due by 6/4/2007. Discovery due by 8/6/2007. Join Parties/Amend Pleadings due by 3/16/2007. Motions due by 11/5/2007. Signed by Hon. Jonathan W. Feldman on 2/15/2007. (RO) (Entered: 02/15/2007)
80 SECOND AMENDED COMPLAINT against all defendants, filed by Abdul Shariff, Divine Allah, James West.(Cook, David) Docket Text Modified on 3/19/2007 (JHF). Docket Text Modified on 4/13/2007 (JHF). (Entered: 03/16/2007)
81 CERTIFICATE OF SERVICE by Abdul Shariff, Divine Allah, James West re 80 Amended Complaint Second Amended Complaint (Cook, David) (Entered: 03/16/2007)
82 ORDER that 80 Proposed Amended Complaint is now the operative pleading. Clerk directed to revise the docket sheet accordingly. Defense counsel will accept service of the new complaint on previously named defendants Goord, Wright, Bernardi, Poole, Gregoire and Phillips. Plaintiff's counsel will need to arrange service of the new complaint on the remaining and newly named defendants. Defendants will have 60 days from the date of service to answer the new complaint. Signed by Hon. Jonathan W. Feldman on 4/12/07. (JHF) (Entered: 04/13/2007)
E-Filing Notification: per 82 order, revised docket text of 80 to SECOND AMENDED COMPLAINT (now is the operative

04/13/2007 05/29/2007 08/17/2007 09/18/2007 09/26/2007 09/26/2007 09/26/2007 09/26/2007

pleading) from PROPOSED AMENDED COMPLAINT. Revised caption to show termination of some defendants and of plaintiff Torres, addition of new defendants, and revision of existing defendants' names and party text. (JHF) (Entered: 04/13/2007)
83 LETTER ORDER granting defendants Goord, Wright, Bernardi, Poole, Gregoire and Phillips request for 60 days to answer 80 Amended Complaint. Signed by Hon. Jonathan W. Feldman on 4/13/07. (JHF) (Entered: 04/13/2007)
84 AMENDED COMPLAINT (Third Amended Complaint) against all defendants, filed by Abdul Shariff. (Attachments: # 1)(Cook, David) (Entered: 05/29/2007)
85 LETTER ORDER granting defendants Goord, Wright, Bernardi, Poole, Gregoire and Phillips request for an extension of 30 days to answer 84 Amended Complaint and Attorney Benjamin Bruce accepts service on behalf of these defendants. Signed by Hon. Jonathan W. Feldman on 8/17/07. (JHF) (Entered: 08/21/2007)
86 ANSWER to Amended Complaint Third Amended Complaint by Thomas M. Poole, the New York State Department of Correctional Services, J. Peter Gregoire, MD, Stephen Bernardi, Lester N. Wright, MPH, Glenn S. Goord, William Phillips.(Bruce, Benjamin) (Entered: 09/18/2007)
87 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Robert Ercole, Superintendent of Green Haven on 09/18/07, filed by Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)
88 AFFIDAVIT of Service for Affidavit of Service served on Sheryl Zenzen, Deputy Superintendent of Programs at Five Points on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)
89 AFFIDAVIT of Service for Affidavit of Service served on Daniel Weinstock, Health Services Director on 9/18/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)
90 AFFIDAVIT of Service for Affidavit of Service served on Sandra Dolce, Deputy Superintendent of Programs at Attica on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)

09/26/2007 09/26/2007 09/26/2007 09/26/2007 09/26/2007 10/02/2007 10/02/2007 10/02/2007 10/02/2007

91 AFFIDAVIT of Service for Affidavit of Service of Summons and Third Amended Complaint served on James Conway, Superintendent at Attica on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)
92 AFFIDAVIT of Service for Affidavit of Service of Summons and Third Amended Complaint served on Jim Lindsay, Deputy Superintendant of Programs at Orleans on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)
93 AFFIDAVIT of Service for Affidavit of Service of Summons and Third Amended Complaint served on Sherry Montanari, Nurse Administrator at Orleans on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)
94 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Dave Unger, Superintendant at Orleans on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)
95 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Nurse Robinson on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)
96 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Michael Giambruno, Superintendent at Wyoming on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)
97 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Habib Skieky, M.D., Health Services Director at Wyoming on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)
98 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Gerald Elmore, Deputy Superintendent at Wyoming on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)
99 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Mohrning, Medical Director on 9/20/07, filed

10/02/2007 10/02/2007 10/02/2007 10/02/2007 10/02/2007 10/02/2007 10/02/2007 10/11/2007 10/11/2007

by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)
100 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Pippen, R.N., Nurse on 9/21/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)
101 AFFIDAVIT of Service for Summons and Third Amended Complaint served on John R. Demars, Deputy Superintendent at Franklin on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)
102 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Glen Champagne, M.D., Medical Director at Franklin on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)
103 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Charles M. Devane, Former Deputy Commissioner of Administrataive Services on 9/21/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)
104 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Evelyn Weissman, Facility Health Services Director at Upstate on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)
105 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Maria B. Tirone, Deputy Superintendent at Upstate on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)
106 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Robert K. Woods, Superintendent at Upstate on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)
107 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Brian S. Fischer, Acting Commissioner of DOCS on 9/19/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) Modified on 10/11/2007 (O, T). (Entered: 10/11/2007)
108 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Robert Raymondm, ADA Coordinator for

10/11/2007
10/18/2007 10/18/2007 10/18/2007 10/18/2007 10/18/2007 10/18/2007 10/19/2007 10/19/2007 10/22/2007 10/22/2007 10/22/2007 10/22/2007

DOCS on 9/28/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/11/2007)
109 AFFIDAVIT of Service for Summons and Third Amended Complaint served on John H. Nuttall, Deputy Commissioner of Program Services on 9/19/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/11/2007)
110 Defendant Devane's ANSWER to Amended Complaint by Charles Devane.(Bruce, Benjamin) (Entered: 10/18/2007)
111 Defendant NYS DOCS' ANSWER to Amended Complaint by the New York State Department of Correctional Services.(Bruce, Benjamin) (Entered: 10/18/2007)
112 Defendant Fischer's ANSWER to Amended Complaint by Brian S. Fischer.(Bruce, Benjamin) (Entered: 10/18/2007)
113 Defendant Nuttall's ANSWER to Amended Complaint by John H. Nuttall.(Bruce, Benjamin) (Entered: 10/18/2007)
114 AMENDED ANSWER to Third Amended Complaint 84 Amended Complaint by Defendant Goord by Glenn S. Goord. (Bruce, Benjamin) (Entered: 10/18/2007)
115 AMENDED ANSWER to Third Amended Complaint 84 Amended Complaint By Defendant Wright by Lester N. Wright, MPH. (Bruce, Benjamin) (Entered: 10/18/2007)
116 ANSWER to Amended Complaint Third Amended Complaint by John R. Demars.(Bruce, Benjamin) (Entered: 10/19/2007)
117 ANSWER to Amended Complaint Third Amended Complaint by Pippen, RN.(Bruce, Benjamin) (Entered: 10/19/2007)
118 Defendant Dr. Shiekh ANSWER to Amended Complaint by Habib Shieky, MD.(Bruce, Benjamin) (Entered: 10/22/2007)
119 Defendant Giambruno ANSWER to Amended Complaint by Michael Giambruno.(Bruce, Benjamin) (Entered: 10/22/2007)
120 Defendant Mohring ANSWER to Amended Complaint by Mohrning.(Bruce, Benjamin) (Entered: 10/22/2007)
121 Defendant Elmore ANSWER to Amended Complaint by Gerald Elmore.(Bruce, Benjamin) (Entered: 10/22/2007)

10/22/2007 10/22/2007 10/22/2007 10/22/2007
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10/24/2007 10/24/2007 10/24/2007
10/25/2007 10/25/2007

122 Defendant Dolce ANSWER to Amended Complaint by Sandra Dolce.(Bruce, Benjamin) (Entered: 10/22/2007)
123 Defendant Champagne ANSWER to Amended Complaint by Glen Champagne, MD.(Bruce, Benjamin) (Entered: 10/22/2007)
124 Defendant Conway ANSWER to Amended Complaint by James Conway.(Bruce, Benjamin) (Entered: 10/22/2007)
125 AMENDED ANSWER to 84 Amended Complaint on behalf of Defendant Bernardi by Stephen Bernardi. (Bruce, Benjamin) (Entered: 10/22/2007)
126 Defendant Montanari ANSWER to Amended Complaint by Sherry Montanari.(Bruce, Benjamin) (Entered: 10/23/2007)
127 Defendant Robinson ANSWER to Amended Complaint by Robinson, RN.(Bruce, Benjamin) (Entered: 10/23/2007)
128 Defendant Lindsay ANSWER to Amended Complaint by Jim Lindsay.(Bruce, Benjamin) (Entered: 10/23/2007)
129 Defendant Unger ANSWER to Amended Complaint by Dave Unger.(Bruce, Benjamin) (Entered: 10/23/2007)
130 Defendant Ercole ANSWER to Amended Complaint by Robert Ercole.(Bruce, Benjamin) (Entered: 10/23/2007)
131 AMENDED ANSWER to 84 Amended Complaint Defendant Phillips by William Phillips. (Bruce, Benjamin) (Entered: 10/23/2007)
132 Defendant Weinstock ANSWER to Amended Complaint by Daniel Weinstock.(Bruce, Benjamin) (Entered: 10/24/2007)
133 Defendant ZenZen ANSWER to Amended Complaint by Sheryl Zenzen.(Bruce, Benjamin) (Entered: 10/24/2007)
134 AMENDED ANSWER to 84 Amended Complaint Defenatn Gregoire by J. Peter Gregoire, MD. (Bruce, Benjamin) (Entered: 10/24/2007)
135 Defendant Woods ANSWER to Amended Complaint by Robert K. Woods.(Bruce, Benjamin) (Entered: 10/25/2007)
136 Defendant Tirone ANSWER to Amended Complaint by Maria B. Tirone.(Bruce, Benjamin) (Entered: 10/25/2007)

10/25/2007 10/25/2007 10/25/2007 10/31/2007
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137 Defendant Weissman ANSWER to Amended Complaint by Evelyn Weissman.(Bruce, Benjamin) (Entered: 10/25/2007)
138 Defendant Raymond ANSWER to Amended Complaint by Robert Raymond.(Bruce, Benjamin) (Entered: 10/25/2007)
139 AMENDED ANSWER to 84 Amended Complaint Defendant Poole by Thomas M. Poole. (Bruce, Benjamin) (Entered: 10/25/2007)
140 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Charles M. Devane, Former Deputy Commissioner of Administrative Services on 09/21/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/31/2007)
141 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Thomas G. Eagen, former Director of the Inmate Grievance Program on 10/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/31/2007)
142 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Richard Apps on 11/30/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 12/26/2007)
143 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Lori Mantroy on 12/7/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 12/26/2007)
144 AFFIDAVIT of Service for Summons and Third Amended Complaint served on Lawrence Sears on 12/7/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 12/26/2007)
145 Defendant Richard Apps' ANSWER to Amended Complaint by Richard Apps.(Bruce, Benjamin) (Entered: 01/04/2008)
146 Defendant Thomas Eagen's ANSWER to Amended Complaint by Thomas G. Eagen.(Bruce, Benjamin) (Entered: 01/04/2008)
147 NOTICE of Appearance by Terence Lee Robinson, Jr on behalf of Abdul Shariff, Divine Allah, James West (Robinson, Terence) (Entered: 01/07/2008)

01/16/2008 01/16/2008 04/30/2008 05/23/2008 08/07/2008 08/07/2008 08/22/2008
08/22/2008
08/22/2008
08/22/2008
08/22/2008

148 ANSWER to Amended Complaint by Lawrence Sears.(Bruce, Benjamin) (Entered: 01/16/2008)
149 ANSWER to Amended Complaint by Lori Mantory.(Bruce, Benjamin) (Entered: 01/16/2008)
NOTICE: Status Conference set for 5/23/2008 at 02:00 PM before Hon. Jonathan W. Feldman. (RJO) (Entered: 04/30/2008)
150 Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Status Conference held on 5/23/2008. (RJO) (Entered: 05/23/2008)
151 ANSWER to 84 Amended Complaint Third Amended Complaint by Frederick Bernstein.(Levine, Gary) (Entered: 08/07/2008)
152 ANSWER to 84 Amended Complaint Third Amended Complaint David Napoli by Napoli.(Levine, Gary) (Entered: 08/07/2008)
153 AFFIDAVIT of Service for Third Amended Complaint served on Frederick Bernstein, Medical Director on 07/16/2008, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 08/22/2008)
154 AFFIDAVIT of Service for Third Amended Complaint served on Jaymi Louise Carter-Ritchie, RN on 07/25/2008, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 08/22/2008)
155 AFFIDAVIT of Service for This Amended Complaint Third served on Robert Cunningham, Deputy Superintendent of Programs on 07/16/2008, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 08/22/2008)
156 AFFIDAVIT of Service for Third Amended Complaint served on William Kaiser, Lt. on 08/06/2008, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 08/22/2008)
157 AFFIDAVIT of Service for Third Amended Complaint served on David Napoli, Deputy Superintendent of Security on 0715/2008, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 08/22/2008)

08/22/2008 08/22/2008 08/22/2008 08/26/2008 09/11/2008 09/11/2008 09/11/2008 09/12/2008 10/07/2008 10/07/2008 10/08/2008

158 AFFIDAVIT of Service for Third Amended Complaint served on Delores Thornton on 07/24/2008, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 08/22/2008)
159 AFFIDAVIT of Service for Third Amended Complaint served on William Totten on 07/11/2008, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 08/22/2008)
160 AFFIDAVIT of Service for Third Amended Complaint served on Lawrence Weingartner on 07/24/2008, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 08/22/2008)
161 ANSWER to 84 Amended Complaint (Third Amended Complaint) by Lawrence Weingartner.(Levine, Gary) (Entered: 08/26/2008)
162 ANSWER to 84 Amended Complaint (Defendant Jaymi CarterRitchie Answer to Third Amended Complaint) by RitchieCarter.(Levine, Gary) (Entered: 09/11/2008)
163 ANSWER to 84 Amended Complaint Defendant Delores Thornton Answer to Third Amended Complaint) by Delores Thornton.(Levine, Gary) (Entered: 09/11/2008)
164 ANSWER to 84 Amended Complaint Defendant William Totten Answer to Third Amended Complaint) by Totten.(Levine, Gary) (Entered: 09/11/2008)
165 ORDER Scheduling Conference set for 10/8/2008 at 02:30 PM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 9/12/2008. (RJO) (Entered: 09/12/2008)
166 ANSWER to 84 Amended Complaint (Third Amended Complaint) by Robert Cunningham.(Levine, Gary) (Entered: 10/07/2008)
167 ANSWER to 84 Amended Complaint (Third Amended Complaint) by Kaiser.(Levine, Gary) (Entered: 10/07/2008)
168 FOURTH AMENDED SCHEDULING ORDER: All class certification discovery including depositions due by 1/30/2009. Motions to certify this matter as a class action due by 2/27/2009. Any papers opposing motion due by 3/20/2009. Reply papers due by 3/27/2009. Plaintiff Expert Witness ID due by 5/29/2009.

10/08/2008 01/02/2009
01/30/2009 03/30/2009 06/09/2009 08/06/2009

Defendant Expert Witness ID due by 6/30/2009. Factual Discovery completed by 7/31/2009. Motions due by 10/30/2009. Signed by Hon. Jonathan W. Feldman on 10/8/2008. (RJO) (Entered: 10/08/2008)
169 Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Scheduling Conference held on 10/8/2008. Order issued. (RJO) (Entered: 10/08/2008)
170 ANSWER to Interrogatories from Herman Reinhold by Brian S. Fischer, Robert Raymond, John H. Nuttall, Thomas G. Eagen, Thomas M. Poole, Lawrence Weingartner, Sheryl Zenzen, Daniel Weinstock, Menally, Winegardner, Napoli, Ritchie-Carter, Lawrence Sears, John R. Demars, Glen Champagne, MD, Lori Mantory, Michael Giambruno, Gerald Elmore, Habib Shieky, MD, Dave Unger, Jim Lindsay, Sherry Montanari, Robinson, RN, James Conway, Sandra Dolce, Richard Apps, Robert Ercole, Robert Cunningham, Delores Thornton, Frederick Bernstein, Totten, Kaiser, Robert K. Woods, Maria B. Tirone, Evelyn Weissman, the New York State Department of Correctional Services, Charles Devane, Pippen, RN, Mohrning, J. Peter Gregoire, MD, Stephen Bernardi, Lester N. Wright, MPH, Glenn S. Goord, William Phillips.(Levine, Gary) (Entered: 01/02/2009)
171 ORDER extending all deadlines contained in 168 FOURTH AMENDED SCHEDULING ORDER by 30 days. Plaintiff Expert Witness ID due by 6/28/2009. Defendant Expert Witness ID due by 7/30/2009. Discovery completed by 8/30/2009. Motions due by 11/29/2009. Signed by Hon. Jonathan W. Feldman on 1/30/09. (JHF) (Entered: 02/03/2009)
172 MOTION to Certify Class by Abdul Shariff, Divine Allah, James West. (Attachments: # 1 Affidavit Affirmation of David L. Cook, # 2 Exhibit 1 to Cook Affirmation, # 3 Exhibit 2 to Cook Affirmation, # 4 Memorandum in Support)(Cook, David) (Entered: 03/30/2009)
173 MOTION SCHEDULING ORDER re 172 MOTION to Certify Class filed by Abdul Shariff, Divine Allah, James West.( Responses due by 7/17/2009, Replies due by 8/21/2009. Oral Argument set for 10/15/2009 03:00 PM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 6/8/09. (KAP) (Entered: 06/09/2009)
174 LETTER ORDER re 172 MOTION to Certify Class filed by Abdul Shariff, Divine Allah, James West granting defendants' request for extension on motion schedule. ( Responses due by

10/14/2009 10/29/2009 11/02/2009 11/30/2009
12/30/2009

8/28/2009. Replies due by 10/2/2009. Oral argument remains as previously scheduled.). Signed by Hon. Charles J. Siragusa on 8/5/09. (KAP) (Entered: 08/06/2009)
175 AMENDED MOTION SCHEDULING ORDER. Oral argument of the motion for class certification is adjourned until further notice; ( Status Conference set for 10/29/2009 02:15 PM before Hon. Charles J. Siragusa to discuss issues raised by Defendants counsel in his letter to the Court dated August 24, 2009..). Signed by Hon. Charles J. Siragusa on 10/14/09. (KAP) (Entered: 10/14/2009)
177 Minute Entry for proceedings held before Hon. Charles J. Siragusa: Terence Lee Robinson, Jr. appearing on behalf of plaintiffs. Gary Levine appearing on behalf of defendants.Status Conference held on 10/29/2009. Court to issue amended motion scheduling order. (Court Reporter Karen Bush.) (KJA) (Entered: 11/02/2009)
176 FIRST AMENDED SCHEDULING ORDER. Responses due by 11/30/2009. Replies due by 12/30/2009. Oral Argument set for 2/25/2010 03:00 PM before Hon. Charles J. Siragusa.Signed by Hon. Charles J. Siragusa on 10/29/09. (KJA) (Entered: 11/02/2009)
178 MEMORANDUM IN OPPOSITION re 172 MOTION to Certify Class by Brian S. Fischer, Robert Raymond, John H. Nuttall, Thomas G. Eagen, Thomas M. Poole, Lawrence Weingartner, Sheryl Zenzen, Daniel Weinstock, Menally, Winegardner, Napoli, Ritchie-Carter, Lawrence Sears, John R. Demars, Glen Champagne, MD, Lori Mantory, Michael Giambruno, Gerald Elmore, Habib Shieky, MD, Dave Unger, Jim Lindsay, Sherry Montanari, Robinson, RN, James Conway, Sandra Dolce, Richard Apps, Robert Ercole, Robert Cunningham, Delores Thornton, Frederick Bernstein, Totten, Kaiser, Robert K. Woods, Maria B. Tirone, Evelyn Weissman, the New York State Department of Correctional Services, Charles Devane, Pippen, RN, Mohrning, J. Peter Gregoire, MD, Stephen Bernardi, Lester N. Wright, MPH, Glenn S. Goord, William Phillips. (Levine, Gary) (Entered: 11/30/2009)
179 REPLY to Response to Motion re 172 MOTION to Certify Class (Reply Memorandum) filed by Abdul Shariff, Divine Allah, James West. (Attachments: # 1 Certificate of Service)(Cook, David) (Entered: 12/30/2009)

02/25/2010
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180 Minute Entry for proceedings held before Hon. Charles J. Siragusa: Terence Lee Robinson, Jr. appearing on behalf of plaintiffs. Gary Levine appearing on behalf of defendants. Motion Hearing held on 2/25/2010 re 172 MOTION to Certify Class filed by Abdul Shariff, Divine Allah, James West. Court reserves decision and directs defense counsel to send status report to court by 4/30/10. Court will issue written decision thereafter if resolution is not reached between parties. (Court Reporter Karen Bush.) (KJA) (Entered: 02/25/2010)
181 ORDER re 172 MOTION to Certify Class filed by Abdul Shariff, Divine Allah, James West.ORDERED, that Plaintiffs Motion for Class Certification [#172] will remain in abeyance; and it is furtherORDERED, that counsel shall provide the Court with a written status report within sixty days of the date of this Order.. Signed by Hon. Charles J. Siragusa on 6/8/10. (KAP) (Entered: 06/09/2010)
182 LETTER ORDER granting parties' joint request for additional 90 days to finalize retainer of expert to review plaintiff's claims.. Signed by Hon. Charles J. Siragusa on 9/8/10. (KAP) (Entered: 09/09/2010)
183 LETTER ORDER granting defendants' request to report back to Court regarding joint expert by end of January, 2011.. Signed by Hon. Charles J. Siragusa on 12/13/10. (KAP) (Entered: 12/13/2010)
184 STIPULATION AND ORDER of Withdrawal of Counsel as to Terence Lee Robinson, Jr. Plaintiffs shall continue to be represented by David L. Cook. Signed by Hon. Charles J. Siragusa on 1/4/11. (JHF) (Entered: 01/07/2011)
185 ORDER re 172 MOTION to Certify Class filed by Abdul Shariff, Divine Allah, James West. ORDERED, that Plaintiffs Motion for Class Certification [#172] will remain in abeyance; and it is furtherORDERED, that counsel shall provide the Court with a written status report within thirty (30) days of the date of this Order. Signed by Hon. Charles J. Siragusa on 2/28/11. (KAP) (Entered: 03/01/2011)
186 ORDER holding in abeyance 172 MOTION to Certify Class filed by Abdul Shariff, Divine Allah, James West. ORDERED, that counsel shall provide the Court with a written status report within thirty (30) days of the date of this Order. Signed by Hon. Charles J. Siragusa on 4/6/11. (KAP) (Entered: 04/07/2011)

06/01/2011
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187 ORDER re 172 MOTION to Certify Class filed by Abdul Shariff, Divine Allah, James West. ORDERED, that Plaintiffs Motion for Class Certification [#172] will remain in abeyance; and it is furtherORDERED, that counsel shall provide the Court with a written status report within sixty (60) days of the date of this Order. Signed by Hon. Charles J. Siragusa on 5/31/11. (KAP) (Entered: 06/01/2011)
188 ORDER. Within ten days of the date of this Order, Defendants counsel shall inform the Court in writing whether Paravagna is an acceptable expert, and if not, why not, if he was previously acceptable to Defendants. Signed by Hon. Charles J. Siragusa on 8/28/12. (KAP) (Entered: 08/28/2012)
NOTICE of Hearing: Status Conference set for 10/11/2012 01:45 PM before Hon. Charles J. Siragusa. (KAP) (Entered: 09/24/2012)
189 Minute Entry for proceedings held before Hon. Charles J. Siragusa: David Cook appearing on behalf of plaintiff. Gary Levine appearing on behalf of defendants. Status Conference held on 10/11/2012. Further Status Conference set for 4/12/2013 02:30 PM before Hon. Charles J. Siragusa. (Court Reporter Karne Bush.) (KJA) (Entered: 10/12/2012)
NOTICE of Hearing: Status Conference reset for 4/12/2013 04:00 PM before Hon. Charles J. Siragusa. PLEASE NOTE CHANGE IN TIME. DATE REMAINS THE SAME. (KJA) (Entered: 01/03/2013)
NOTICE of Hearing: Status Conference set for 4/12/2013 10:00 AM before Hon. Charles J. Siragusa. PLEASE NOTE CHANGE IN TIME. (KAP) (Entered: 04/09/2013)
190 Minute Entry for proceedings held before Hon. Charles J. Siragusa: David Cook appearing on behalf of plaintiffs. Gary Levine appearing on behalf of defendants. Status Conference held on 4/12/2013. Court directs that counsel meet by the end of May to specifically outline what issues are to be addressed. Counsel to prepare joint status letter advising the Court exactly what issues will be addressed. Court further directs that Mr. Levine prepare and submit a Consent Order to the Court for signature specifying the date the meeting will occur, date the audit will be completed, and the date a report will be issued. (Court Reporter FTR Gold.) (KJA) (Entered: 04/16/2013)
191 STIPULATION AND ORDER regarding expert review. Expert Mark Kukuvka will complete his visits of correctional facilities no

06/21/2013 04/23/2014 05/09/2014 05/19/2014 06/03/2014 06/05/2014
08/05/2014 08/25/2014 09/09/2014

later than 6/28/13. Expert Mark Kukuvka will provide a report of his findings no later than 8/16/13. Expert Mark Kukuvka will diligently attempt to complete his investigation by 8/16/13 and will report back to counsel if more time is needed. Signed by Hon. Charles J. Siragusa on 5/30/13. (KAP) (Entered: 05/31/2013)
192 NOTICE of Appearance by Jared Kimball Cook on behalf of Divine Allah, Abdul Shariff, James West (Cook, Jared) (Entered: 06/21/2013)
193 ORDER. ORDERED, within ten days of the date of this Order, counsel shall provide a joint status letter to the Court. ( Status Report due by 5/2/2014.). Signed by Hon. Charles J. Siragusa on 4/22/14. (KAP) (Entered: 04/23/2014)
NOTICE of Hearing: Status Conference set for 6/3/2014 10:00 AM before Hon. Charles J. Siragusa. (KAP) (Entered: 05/09/2014)
AMENDED NOTICE of Hearing: Status Conference set for 6/3/2014 02:30 PM before Hon. Charles J. Siragusa. PLEASE NOTE CHANGE IN TIME. DATE REMAINS THE SAME.(KAP) (Entered: 05/19/2014)
194 LETTER ORDER granting defendants' request for adjournment of status conference. ( Status Conference set for 6/5/2014 11:45 AM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 6/3/14. (KAP) (Entered: 06/03/2014)
195 Minute Entry for proceedings held before Hon. Charles J. Siragusa: Jared Cook, Esq. appearing on behalf of plaintiffs. Gary Levine, AAG appearing on behalf of defendants. Status Conference held on 6/5/2014. Defense counsel requests 30 to 60 day adjournment to allow expert to update and correct report granted. Status Conference set for 8/5/2014 10:30 AM before Hon. Charles J. Siragusa. (Court Reporter Colleen Lounsbury/Computer Reporting Service.) (KJA) (Entered: 06/06/2014)
196 LETTER ORDER granting defendant's request for adjournment. ( Status Conference set for 8/25/2014 10:00 AM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 8/5/14. (KAP) (Entered: 08/05/2014)
NOTICE of Hearing: Status Conference reset for 9/9/2014 11:15 AM before Hon. Charles J. Siragusa. (KJA) (Entered: 08/25/2014)
197 Minute Entry for proceedings held before Hon. Charles J. Siragusa: Jared Cook appearing on behalf of plaintiffs. Gary

11/24/2014
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Levine appearing on behalf of defendants. Nancy Heywood, counsel for New York State Department of Corrections appearing via telephone. Status Conference held on 9/9/2014. Court has received expert's report. Court directs Mr. Levine to send a letter to Mr. Cook by 10/3/2014 indicating what is agreed to, what is not agreed to, and what might be agreed to. Counsel are directed to meet at Mr. Cook's office on 10/16/2014 at 9:00 a.m. with Ms. Heywood by telephone to discuss. Mr. Levine is thereafter directed to prepare a joint status letter and submit it to the Court by 11/28/2014. Further Status Conference set for 12/12/2014 11:30 AM before Hon. Charles J. Siragusa. (Court Reporter Karen Bush.) (KJA) (Entered: 09/11/2014)
198 TEXT ORDER granting defense counsel's request to adjourn due date of joint status letter. Joint status letter is due to the Court by 1/30/2015. Status Conference reset for 2/6/2015 02:15 PM before Hon. Charles J. Siragusa. Signed by Hon. Charles J. Siragusa on 11/24/14. (KJA) (Entered: 11/24/2014)
199 TEXT ORDER granting parties' request for adjournment. Status Conference reset for 3/24/2015 11:00 AM before Hon. Charles J. Siragusa. Signed by Hon. Charles J. Siragusa on 2/3/15. (KJA) (Entered: 02/03/2015)
200 LETTER ORDER granting parties' joint request for adjournment of status conference. ( Status Report due by 6/17/2015.). Signed by Hon. Charles J. Siragusa on 3/24/15. (KAP) (Entered: 03/25/2015)
201 ORDER, ( Status Report due by 11/27/2015.). Signed by Hon. Charles J. Siragusa on 11/6/15. (KAP) (Entered: 11/06/2015)
202 LETTER ORDER, ( Status Report due by 12/11/2015.). Signed by Hon. Charles J. Siragusa on 11/30/14. (KAP) (Entered: 11/30/2015)
203 NOTICE of Change of Address by Jared Kimball Cook (Cook, Jared) (Entered: 11/08/2016)
204 ORDER TO SHOW CAUSE Show Cause Response due by 11/9/2017.. Signed by Hon. Charles J. Siragusa on 10/10/17. (KAP) (Entered: 10/10/2017)
205 REPLY/RESPONSE to re 204 Order to Show Cause filed by Abdul Shariff. (Cook, Jared) (Entered: 11/07/2017)

11/08/2017

206 ORDER re 204 Order to Show Cause, ( Status Report due by 1/12/2018.). Signed by Hon. Charles J. Siragusa on 11/8/17. (KAP) (Entered: 11/08/2017)

01/24/2018

207 LETTER ORDER with regard to status of mediation.. Signed by Hon. Charles J. Siragusa on 1/24/18. (KAP) (Entered: 01/24/2018)

03/02/2018

208 Mediation Certification by Barry L. Radlin(AGB) (Entered: 03/02/2018)

03/14/2018

209 ORDER, ( Status Report due by 5/11/2018.). Signed by Hon. Charles J. Siragusa on 3/13/18. (KAP) (Entered: 03/14/2018)

06/04/2018

210 ORDER, ( Status Report due by 7/13/2018.). Signed by Hon. Charles J. Siragusa on 6/1/18. (KAP) (Entered: 06/04/2018)

06/26/2018

211 Mediation Certification by Barry L. Radlin(AGW) (Entered: 06/26/2018)

12/18/2018

NOTICE of Hearing: Status Conference set for 1/24/2019 09:00 AM before Hon. Charles J. Siragusa. (KAP) (Entered: 12/18/2018)

01/24/2019

212 Minute Entry for proceedings held before Hon. Charles J. Siragusa: David Cook, Esq. appearing on behalf of plaintiffs. Gary Levine, Esq. appearing on behalf of defendants. Status Conference held on 1/24/2019. Case does not settle after mediation is completed. Court will issue a written decision re 172 MOTION to Certify Class by Abdul Shariff, Divine Allah, James West, and thereafter schedule a further status conference to set a scheduling order in this matter. (Court Reporter Karen Bush.) (KJA) (Entered: 01/28/2019)

10/04/2019 213

DECISION AND ORDER granting 172 Motion to Certify Class. After reviewing the third amended complaint and the memoranda of law, the Court concludes that Plaintiffs have met the criteria for class certification under Rule 23. Further, the Court is not persuaded that the limitations expressed by Defendants, with the exception of limiting the class to declaratory and injunctive relief, are necessary. Therefore, the Court certifies the following class: "Plaintiffs and all prisoners in the custody of the New York State Department of Correctional and Community Supervision who suffer from a mobility disability limiting one or more of the prisoners major life activities and that requires the use of a wheelchair." The Court finds no basis at this juncture to limit the class to only the facilities alleged in the complaint. Accordingly, the Court grants Plaintiffs' motion to certify, ECF No. 172. Signed

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by Hon. Charles J. Siragusa on 10/4/19. (KAP) (Entered: 10/04/2019)
214 TEXT ORDER REFERRING CASE to Hon. Mark W. Pedersen, United States Magistrate Judge for all pretrial matters excluding dispositive motions. Hon. Jonathan W. Feldman no longer assigned to case. Signed by Mary C. Loewenguth, Clerk of Court, on 11/14/19. Copy mailed to pro se plaintiff. (JHF) (Entered: 11/14/2019)
215 ORDER. ORDERED, that within thirty (30) days of the date of this Decision and Order, Plaintiffs counsel is directed to file and serve a status letter. In that regard, Plaintiffs counsel is directed to confer with Defendants counsel, and to then file and serve the aforementioned status letter, indicating whether or not this action is ready for trial. If the action is not ready for trial, the status letter shall indicate what pretrial matters remain to be completed, and shall propose a timetable for their completion. Signed by Hon. Charles J. Siragusa on 11/14/19. (KAP) (Entered: 11/15/2019)
216 ORDER TO SHOW CAUSE Show Cause Response due by 9/14/2020.. Signed by Hon. Charles J. Siragusa on 8/6/20. (KAP) (Entered: 08/06/2020)
217 NOTICE of Appearance by Matthew D. Brown on behalf of All Defendants (Brown, Matthew) (Entered: 10/21/2020)
218 Letter Request filed by Divine Allah, Abdul Shariff, Jose Torres, James West as to Sandra Dolce, Robert Ercole, Habib Shieky, MD, Donna Masterson, Charles Devane, Menally, John R. Demars, Jim Lindsay, Brian S. Fischer, Samuel Stornelli, Lester N. Wright, MPH, Sheryl Zenzen, Nancy Conner, Napoli, Stephen Bernardi, John H. Nuttall, Pippen, RN, Glen Champagne, MD, Lawrence Sears, Robinson, RN, Dobies, David. Goodwin, Thomas M. Poole, the New York State Department of Correctional Services, Ritchie-Carter, Sherry Montanari, William Mazzuca, Carl J. Koeningsmann, Daniel Weinstock, Winegardner, Robert Raymond, Robert Cunningham, Delores Thornton, J. Peter Gregoire, MD, Richard Apps, Robert K. Woods, Evelyn Weissman, Glenn S. Goord, Gerald Elmore, James Conway, Totten, Lawrence Weingartner, Maria B. Tirone, Thomas G. Eagen, Dave Unger, Robert Macomber, Kaiser, William Phillips, Frederick Bernstein, Mohrning, Michael Giambruno, Lori Mantory . (Cook, David) Modified on 10/29/2020 (LMD). (Entered: 10/28/2020)

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02/03/2021

219 TEXT ORDER. Based on Plaintiffs' response to the Order to Show Cause, counsel are directed to contact Magistrate Judge Pedersen and request a scheduling conference.. Signed by Hon. Charles J. Siragusa on 10/30/20. (KAP) (Entered: 10/30/2020)
220 Letter Request filed by Divine Allah, Barry L. Radlin, Abdul Shariff, Jose Torres, James West as to Sandra Dolce, Robert Ercole, Habib Shieky, MD, Donna Masterson, Charles Devane, Menally, John R. Demars, Jim Lindsay, Brian S. Fischer, Samuel Stornelli, Lester N. Wright, MPH, Sheryl Zenzen, Nancy Conner, Napoli, Stephen Bernardi, John H. Nuttall, Pippen, RN, Glen Champagne, MD, Lawrence Sears, Robinson, RN, Dobies, David. Goodwin, Thomas M. Poole, the New York State Department of Correctional Services, Ritchie-Carter, Sherry Montanari, William Mazzuca, Carl J. Koeningsmann, Daniel Weinstock, Winegardner, Robert Raymond, Robert Cunningham, Delores Thornton, J. Peter Gregoire, MD, Richard Apps, Robert K. Woods, Evelyn Weissman, Glenn S. Goord, Gerald Elmore, James Conway, Totten, Lawrence Weingartner, Maria B. Tirone, Thomas G. Eagen, Dave Unger, Robert Macomber, Kaiser, William Phillips, Frederick Bernstein, Mohrning, Michael Giambruno, Lori Mantory . (Cook, David) Modified on 1/14/2021 (LMD). (Entered: 01/13/2021)
CALENDAR EVENT: Telephone Conference re ECF 220 set for 2/3/2021 at 11:00 AM before Hon. Mark W. Pedersen. Parties are directed to call 877-402-9753, and enter access code 7137484 at the scheduled date and time. (JB) (Entered: 01/15/2021)
221 DISCOVERY PLAN by Richard Apps, Stephen Bernardi, Frederick Bernstein, Glen Champagne, MD, James Conway, Robert Cunningham, John R. Demars, Charles Devane, Sandra Dolce, Thomas G. Eagen, Gerald Elmore, Robert Ercole, Brian S. Fischer, Michael Giambruno, Glenn S. Goord, J. Peter Gregoire, MD, Kaiser, Jim Lindsay, Lori Mantory, Menally, Mohrning, Sherry Montanari, Napoli, John H. Nuttall, William Phillips, Pippen, RN, Thomas M. Poole, Robert Raymond, Ritchie-Carter, Robinson, RN, Lawrence Sears, Habib Shieky, MD, Delores Thornton, Maria B. Tirone, Totten, Dave Unger, Lawrence Weingartner, Daniel Weinstock, Evelyn Weissman, Winegardner, Robert K. Woods, Lester N. Wright, MPH, Sheryl Zenzen, the New York State Department of Correctional Services.(Brown, Matthew) (Entered: 01/29/2021)
222 SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached

Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosures due by 4/2/2021. Motions to Join Parties/Amend Pleadings due by 6/4/2021. Motions to Compel Discovery due by 6/24/2022. Discovery completed by 7/29/2022. Plaintiff Expert Witness ID due by 9/2/2022. Defendant Expert Witness ID due by 10/7/2022. Dispositive Motions due by 3/3/2023.. Signed by Hon. Mark W. Pedersen on 2/3/21. (KAP) (Entered: 02/03/2021)

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