Case: Byrd v. Goord

Center for Constitutional Rights

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 369639. (em) (Entered: 03/23/2000)

Magistrate Judge Andrew J. Peck is so Designated. (em)

RULE 1.9 CERTIFICATE filed by Mary Byrd, Carole Bullard, Calvin O. Butts III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux, Norma Boothe-Dixon, William Moses Kunstler Fund, Elizabeth Fink. (em) (Entered: 03/24/2000)

Affidavit of service of the Court's Notice of Conference filed by pltffs, upon counsel for deft by fax and by mail on 4/6/00. (sn) (Entered: 04/10/2000)

ORDER; reset answer due for 5/23/00 for MCI Worldcom, Inc., for MCI Telecomm. . The parties are reminded that a conference will be held on 4/24/00 at 9:15 AM in Room 21B, 500 Pearl St. . ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (sn) (Entered: 04/12/2000)

ORDER; that the time in which defts H. Carl McCall, Eliot L. Spitzer, and Glenn S. Goord are to answer or move with respect to the complaint is extended to 5/23/00 ; the parties are reminded that a conference will be held on 4/24/00 at 9:15 a.m. in Room 21B of the U.S. Courthouse, 500 Pearl Street . ( signed by Chief Judge Michael B. Mukasey ); Copies mailed. (jp) (Entered: 04/18/2000)

ORDER; Leave to file an amended complaint is granted ; Plaintiffs are to serve their amended complaint by 05/05/00; Defendants are to serve their motions to dismiss the amended complaint by 05/26/00; Answering papers and a cross-motion for a preliminary injunction are to be served by 07/21/00; A reply as to defendants' motions and answering papers as the cross-motion are to be served by 08/25/00; A reply as to the cross-motion may be served by 09/08/00 ; A conference will be held on 09/12/00 at 9:15 a.m. in Room 21B of the United States Courthouse, 500 Pearl Street, NY, NY 10007 to determine whether an evidentiary hearing is necessary in connection with plaintiffs' preliminary injunction motion and the length and scope of that hearing. The parties may proceed with discovery. The Court, if necessary, will establish a schedule for the completion of discovery, the submission of a pre-trial order and accompanying material and the placement of the case on the ready calendar after the Court decides the parties' motions. (signed by Chief Judge Michael B. Mukasey); Copies mailed. (djc) (Entered: 04/26/2000)

Notice of reassignment to Judge George B. Daniels . Copy of notice and judge's rules mailed to Attorney(s) of record: Robert T. Perry, Barbara J. Olshansky, Susan M. Jaffe, Brian T. FitzPatrick, Moshe Maimon, Robert T. Perry . (jp) (Entered: 05/16/2000)

AMENDED CLASS ACTION COMPLAINT by Mary Byrd, Carole Bullard, Calvin O. Butts III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux, Norma Boothe-Dixon, William M. Kunstler, Elizabeth Fink (Answer due 6/5/00 for MCI Telecomm., for MCI Worldcom, Inc., for H. Carl McCall, for Eliot L. Spitzer, for Glenn S. Goord ) amending [1-1] complaint; Summons issued. Demand for Jury Trial. (ri) Modified on 05/23/2000 (Entered: 05/23/2000)

Memo-Endorsement on letter addressed to Judge Daniels from David J. Fried, dated 5/19/00. Re: defendants requests leave to file a supporting memorandum to the motion to dismiss in excess of 25 pages; governmental defendants' application to file a supporting memorandum to the motion to dismiss not to exceed 35 pages, is granted . ( signed by Judge George B. Daniels ); Copies mailed. (pl) Modified on 05/30/2000 (Entered: 05/25/2000)

Memo-Endorsement on letter addressed to Judge Daniels from David Fernandez, dated 5/24/00; counsel for deft WorldCom writes to request leave to file an overlength brief of up to 35 pages. Deft WorldCom's application to file a brief not to exceed 35 pages, is granted . ( signed by Judge George B. Daniels ); Copies mailed. (jp) (Entered: 05/26/2000)

NOTICE OF MOTION by Glenn S. Goord, Eliot L. Spitzer, H. Carl McCall for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6) ; Return date not indicated. (docmt received in night dep. on 05/26/00 at 5:36 p.m.) (djc) Modified on 05/30/2000 (Entered: 05/30/2000)

AFFIRMATION of David J. Fried by Glenn S. Goord, Eliot L. Spitzer, H. Carl McCall in Support of [11-1] motion for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6); (docmt received in in night dep. on 05/26/00 at 5:36 p.m.) (djc) (Entered: 05/30/2000)

MEMORANDUM OF LAW by Glenn S. Goord, Eliot L. Spitzer, H. Carl McCall in support of [11-1] motion for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6); (docmt received in night dep. on 05/26/00 at 5:36 p.m.) (djc) (Entered: 05/30/2000)

NOTICE OF MOTION by MCI Worldcom, Inc., MCI Telecomm. purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint . No return date indicated. (sn) (Entered: 05/30/2000)

CERTIFICATION of David Fernandez by MCI Worldcom, Inc., MCI Telecomm. in support Re: [14-1] motion purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint. (sn) (Entered: 05/30/2000)

BRIEF by MCI Worldcom, Inc., MCI Telecomm. in support of dismissing pltffs' complaint. (sn) (Entered: 05/30/2000)

NOTICE OF MOTION by MCI Worldcom, Inc., MCI Telecomm. for David Fernandez, Esq., to appear pro hac vice ; Return date not indicated. (djc) (Entered: 06/26/2000)

ORDER, plaintiffs' response to motion reset to 7/28/00 for [14-1] motion purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint, and reset to 7/28/00 for [11-1] motion for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6) ; defendants' reply to response to motion reset to 9/8/00 for [14-1] motion purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint, and reset to 9/8/00 for [11-1] motion for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6) . ( Signed by Judge George B. Daniels ). Copies mailed. (kw) (Entered: 07/25/2000)

Memo-Endorsement on letter addressed to Judge Daniels from Brian T. FitzPatrick, dated 7/26/00; counsel for the pltff writes to request leave to file a supporting memorandum in excess of 25 pages. Pltffs motion to file a brief in excess of the 25 page limit ordinarily imposed by this Court is granted to the extent that a brief no longer than 70 pages may be filed . ( signed by Judge George B. Daniels ); Copies mailed. (jp) (Entered: 07/28/2000)

MEMORANDUM OF LAW by Mary Byrd, Carole Bullard, Calvin O. Butts III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux, Norma Boothe-Dixon, William M. Kunstler, Elizabeth Fink in opposition to [14-1] motion purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint, [11-1] motion for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6) (filed in night deposit on 7/28/00 @7:32pm) (lam) (Entered: 08/01/2000)

CERTIFICATE of Brian T. FitzPatrick, atty for Mary Byrd, Carole Bullard, Calvin O. Butts III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux, Norma Boothe-Dixon, William M. Kunstler, Elizabeth Fink in support of [20-1] opposition memorandum (filed in night deposit on 7/28/00 @7:32pm) (lam) (Entered: 08/01/2000)

BRIEF by MCI Worldcom, Inc., MCI Telecomm. in Further Support of [14-1] motion purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint; (djc) (Entered: 09/19/2000)

Memo-Endorsement on letter addressed to Judge Daniels from David J. Fried, dated 9/18/00; State deft's motion to file a reply memorandum in further support of their motion to dismiss up to and including 27 pages is granted. ( signed by Judge George B. Daniels ); Copies mailed. (sac) (Entered: 09/21/2000)

REPLY MEMORANDUM by Glenn s. Goord, Eliot L. Spitzer, H. Carl McCall in further support of their [11-1] motion for an order dismissing the complaint for failure to state a claim upon which relief can be granted purs to FRCP, Rule 12(b)(6) (lam) (Entered: 09/26/2000)

Oral argument held before Judge George B. Daniels re: [14-1] motion purs. to F.R.C.P. 12(b)(6) for an order dismissing pltffs' complaint . (lam)

Transcript of record of proceedings before Judge George B. Daniels for the date(s) of 10/27/00 @9:40am. (lam) (Entered: 12/05/2000)

Letter filed addressed to Judge Mukasey from Ronald Davidson, dated 5/18/02, re: MCI Action in NY, 00cv2135. Despite repeated letters from me for over a year to the above noted counsel, I have not been provided with responses. Accordingly, I ask that the Court direct Counsel for plaintiffs to advise me of the status of the actions and provide me with copies of the pleadings. (ac) (Entered: 06/06/2002)

Letter filed by Mary Byrd, Carole Bullard, Calvin O. Butts III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux, Norma Boothe-Dixon, William M. Kunstler, Elizabeth Fink addressed to Hon. George B. Daniels from Moshe Maimon, dated 6/24/02, re: urging Your Honor to deny the pending Rule 12 motions. (sac) (Entered: 07/02/2002)

NOTICE of filing of bankruptcy by MCI Worldcom, Inc. (moc) (Entered: 07/30/2002)

Memo-Endorsement on letter addressed to Judge Daniels from Brian T. FitzPatrick, dated 4/22/03. Re: counsel for pltffs request an extension of time to rspond to their position regarding chapter 11 bankruptcy to and including 4/25/03. Application granted . ( signed by Judge George B. Daniels ) (db) (Entered: 05/02/2003)

ORDER granting 17 Motion for David Fernandez to Appear Pro Hac Vice on behlaf of dfts MCI Worldcom and MCI Telecommunications . (Signed by Judge George B. Daniels on 2/27/04) (dle, ) (Entered: 03/03/2004)

Transmission to Attorney Admissions Clerk. Transmitted re: 30 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (dle, )

Letter addressed to Judge George B. Daniels from Moshe Maimon dated 4/1/04 re: Byrd plaintiffs write to update the court on several matters. Document filed by Mary Byrd.(dle, ) (Entered: 04/21/2004)

ENDORSED LETTER addressed to Judge George B. Daniels from Patrick Dunican dated 4/29/04 re: granting counsel for MCI's request that it be permitted until 6/3/04 to respond to the letter dated 4/1/04 to the court. (Signed by Judge George B. Daniels on 5/3/04) (dle, ) Modified on 5/4/2004 (dle, ). (Entered: 05/04/2004)

ENDORSED LETTER addressed to Judge Daniels from Steven N. Schulman dated 04/20/04 re: granting counsel's request for an extension until June 3, 2004 to respond to plaintiff's application to the Court to lift the stay in these proceedings. (Signed by Judge George B. Daniels on 05/03/04) (djc, ) (Entered: 05/04/2004)

RULE 7.1 DISCLOSURE STATEMENT. Document filed by MCI Worldcom, Inc., MCI Telecommunications Corporation.(mde, ) (Entered: 06/21/2005)

MEMORANDUM OPINION AND ORDER re: 11 Motion to Dismiss filed by Glenn S. Goord,, H. Carl McCall,, Eliot L. Spitzer,, 14 Motion to Dismiss filed by MCI Telecommunications Corporation,, MCI Worldcom, Inc.,. State defendants' motion to dismiss plaintiffs' claims challenging the exclusive services contract between the state and MCI is granted. State defendants' motion to dismiss plaintiffs' claims alleging the collect-call only system is granted. The state defendants' motion to dismiss plaintiffs' claims challenging the 60% commission is denied. Defendant MCI's motion to dismiss is granted in its entirety (Signed by Judge George B. Daniels on 8/26/05) (yv, ) Modified on 8/29/2005 (yv, ). (Entered: 08/29/2005)

CLERK'S JUDGMENT that defendants' motion to dismiss is granted except the State defendants' motion to dismiss plaintiffs' constitutional challenge. (Signed by J. Michael McMahon, Clerk on 8/30/05) (jf, ) (Entered: 08/30/2005)

Mailed notice of Right to Appeal re: 36 Clerk's Judgment and to Attorney(s) of Record: Patrick C. Duncan, Jr, Brian T. FitzPatrick, Susan M. Jaffe, Moshe Maimon, Barbara J. Olshansky, Robert T. Perry. (tve, )

Received returned mail re: 36 Clerk's Judgment. Mail was addressed to Patrick C. Duncan Jr. of Gibbons, Del Deo, Dolan at 125 West 55th Street, 11th Floor, New York, NY 10019 and was returned for the following reason(s): not deliverable as addressed. (tve, )

Received returned mail re: 36 Clerk's Judgment. Mail was addressed to Brian T. Fitzpatrick of Levy Phillips & Konisberg, L.L.P. at 520 Madison Avenue,4th Floor, New York, NY 10022 and was returned for the following reason(s): not deliverable as addressed. (tve, )

NOTICE of Change of Address by Jennifer A. Gelshenen, Patrick C. Duncan, Jr on behalf of MCI Worldcom, Inc., MCI Telecommunications Corporation. New Address: Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C., One Penn Plaza, 37th Floor, New York, NY, 10119, (212) 649-4700. (jco, ) (Entered: 09/22/2005)

ANSWER to Amended Complaint with JURY DEMAND. Document filed by Eliot L. Spitzer, H. Carl McCall, Glenn S. Goord. Related document: 8 Amended Complaint, filed by Mary Byrd, Carole Bullard, Calvin O. Butts, III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux, Norma Boothe-Dixon, William Moses Kunstler Fund For Racial Justice, Elizabeth Fink.(jco, ) (Entered: 11/03/2005)

NOTICE OF APPEARANCE by William Harry Goodman, Rachel Anne Meeropol on behalf of Norma Boothe-Dixon, William Moses Kunstler Fund For Racial Justice, Elizabeth Fink, Eliot L. Spitzer, Mary Byrd, Carole Bullard, Calvin O. Butts, III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux (jmi) (Entered: 01/24/2007)

MOTION to Certify Class pursuant to Fed.R.Civ.P. 23(a) and (b)(2). Document filed by Norma Boothe-Dixon, William Moses Kunstler Fund For Racial Justice, Elizabeth Fink, Mary Byrd, Carole Bullard, Calvin O. Butts, III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux.(jmi) (Entered: 01/25/2007)

ENDORSED LETTER addressed to judge George B. Daniels from Steven N. Schulman dated 2/1/2007 re: to the state defendants respectfully request until March 15, 2007 to respond to plaintiffs' motion for class certification.Responses due by 3/15/2007. ENDORSEMENT SO ORDERED. (Signed by Judge George B. Daniels on 2/5/2007) (jmi) (Entered: 02/06/2007)

ENDORSED LETTER addressed to Hon. George B. Daniels from Steven N. Schulman dated 3/14/07 re: Extend time for the State defendants response to plaintiffs' motion for class certification from March 14 to March 19, 2007., ENDORSEMENT: SO ORDERED: Set Deadlines/Hearing as to 40 MOTION to Certify Class. : Responses due by 3/19/2007 (Signed by Judge George B. Daniels on 3/15/07) (rag) (Entered: 03/16/2007)

CROSS-MOTION for an Order, purs. to Rule 12(b)(1) dismissing the plaintiff's remaining claims for lack of subject matter jurisdiction on the grounds that they are moot. Document filed by Eliot L. Spitzer, H. Carl McCall, Glenn S. Goord.(tro) (Entered: 03/22/2007)

DECLARATION of Robert E. Koberger in Support re: 43 CROSS-MOTION to Dismiss. Document filed by Eliot L. Spitzer, H. Carl McCall, Glenn S. Goord. (tro) (Entered: 03/22/2007)

DECLARATION of Anthony J. Annucci in Support re: 43 CROSS-MOTION to Dismiss. Document filed by Eliot L. Spitzer, H. Carl McCall, Glenn S. Goord. (tro) (Entered: 03/22/2007)

MEMORANDUM OF LAW in Support 43 CROSS-MOTION to Dismiss., and in OPPOSITION re: 40 MOTION to Certify Class., Document filed by Eliot L. Spitzer, H. Carl McCall, Glenn S. Goord. (tro) (Entered: 03/22/2007)

MEMORANDUM OF LAW in Opposition to 40 MOTION for Class Certification; and in opposition to 43 MOTION to Dismiss as MOOT.. Document filed by Norma Boothe-Dixon, William Moses Kunstler Fund For Racial Justice, Elizabeth Fink, Mary Byrd, Carole Bullard, Calvin O. Butts, III, Mary Mortimore, Cora Williams, Alison Coleman, Inez Patterson, Wanda Best-Deveaux. (jpo) (Entered: 05/01/2007)

ENDORSED LETTER addressed to Judge George B. Daniels from Steven N.Schulman dated 5/25/2007 re: request until 6/1/2007 to serve the reply brief in further support of our motion to dismiss the action as moot. Endorsement: SO ORDERED. Set Deadlines/Hearing as to 43 MOTION to Dismiss: Replies due by 6/1/2007. (Signed by Judge George B. Daniels on 5/31/2007) (jar) (Entered: 06/04/2007)

REPLY MEMORANDUM OF LAW in Further Support re: 43 CROSS MOTION to Dismiss. Document filed by Eliot L. Spitzer, H. Carl McCall, MCI Worldcom, Inc., MCI Telecommunications Corporation, Glenn S. Goord. (jar) (Entered: 06/06/2007)

SECOND DECLARATION of Robert E. Koberger in Support re: 43 MOTION to Dismiss. Document filed by Eliot L. Spitzer, H. Carl McCall, MCI Worldcom, Inc., MCI Telecommunications Corporation, Glenn S. Goord. (jar) (Entered: 06/06/2007)

SECOND DECLARATION of Anthony J. Annucci in Support re: 43 MOTION to Dismiss. Document filed by Eliot L. Spitzer, H. Carl McCall, MCI Worldcom, Inc., MCI Telecommunications Corporation, Glenn S. Goord. (jar) (Entered: 06/06/2007)

ENDORSED LETTER addressed to Judge George B. Daniels from Steven N. Schulman dated 8/14/07 re: The State defendants respectfully request until September 10, 2007, to respond to plaintiffs' letter of August 10, 2007. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 8/16/07) (tro) (Entered: 08/17/2007)

MEMORANDUM DECISION AND ORDER: for reasons further set forth in said Order, defendants' 43 Motion to Dismiss the Amended Complaint is GRANTED. Plaintiff's 40 Motion to Certify Class is DENIED as Moot. (Signed by Judge George B. Daniels on 9/26/07) (db) (Entered: 09/26/2007)

Transmission to Judgments and Orders Clerk. Transmitted re: 53 Order on Motion to Certify Class, Order on Motion to Dismiss to the Judgments and Orders Clerk. (db)

CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Decision and Order dated September 26, 2007, defendants motion to dismiss the amended complaint is granted, and plaintiffs motion for class certification is denied as moot. (Signed by J. Michael McMahon, clerk on 9/26/07) (ml) (Entered: 09/26/2007)

MEMORANDUM DECISION AND ORDER: Accordingly, defendants' motion to dismiss the amended complaint is granted. Plaintiffs' motion for class certification is DENIED as moot. So Ordered. (Signed by Judge George B. Daniels on 9/26/07) (js) (Entered: 09/27/2007)

Received returned mail re: 54 Clerk's Judgment. Mail was addressed to Brian T. Fitzpatrick of Levy, Phillips & Konigsberg, L.L.P. at 520 Madison Avenue, 4th Floor, NewYork, NY 10022 and was returned for the following reason(s): not deliverable as addressed. (tve) (Entered: 11/19/2007)