Case: Cunningham v. Coughlin

COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 9890 ; Service deadline 7/6/92 for William W. McMahon, for Robert Greifinger, for Thomas A. Coughlin III (wbl) (Entered: 05/05/1992)

SUMMONS(ES) issued for Thomas A. Coughlin III, Robert Greifinger, William W. McMahon (wbl)

CASE REFERRED to Magistrate Judge Gustave J. DiBianco (wbl)

REQUEST for Production of Documents by Oscar Cunningham, Eric Williams, Greg Henson (wbl) (Entered: 05/05/1992)

AFFIDAVIT of John Charles by Oscar Cunningham, Eric Williams, Greg Henson Re: [3-1] motion to Certify Class (wbl) (Entered: 05/05/1992)

MEMORANDUM by Oscar Cunningham, Eric Williams, Greg Henson in support of [3-1] motion to Certify Class (wbl) (Entered: 05/05/1992)

SUMMONS Returned Executed as to Thomas A. Coughlin III, Robert Greifinger, William McMahon on 5/5/92 : Answer due on 5/26/92 for William McMahon, for Robert Greifinger, for Thomas A. Coughlin III (cbm) (Entered: 05/12/1992)

Stipulation and ORDER granting [3-1] motion to Certify Class, set Answer deadline to 6/25/92 for William McMahon, for Robert Greifinger, for Thomas A. Coughlin III, set Response to Request for Production of Documents deadline to 6/25/92 ( signed by Magistrate Judge Gustave J. DiBianco 6/18/92) [served] (cbm) (Entered: 06/19/1992)

ANSWER to Complaint by Thomas A. Coughlin III, Robert Greifinger, William McMahon (Attorney Deirdre Roney ), (cbm) (Entered: 06/24/1992)

Rule 16 Scheduling Order Issued. Discovery Deadline 5/7/93 ; Motion Filing Deadline 6/16/93 ( Signed by Magistrate Judge Gustave J. DiBianco ) (fce) (Entered: 12/10/1992)

ANSWER to Interrogatories and Request for Production of Documents filed by Thomas A. Coughlin III, Robert Greifinger, William McMahon (fce) (Entered: 03/25/1993)

Minute entry: Telephone conference with Mag. Judge DiBianco. Extensive discussion about issues and background of case. Discovery extended five months; discovery closes 9/30/93 and motions close 11/30/93. Appearances: Steve Latimer, Esq. & Karen Murtagh-Monks, Esq. for Plaintiff; Deidre Roney, AAG for Deft. (kmg) (Entered: 08/27/1993)

Second REQUEST for Production of Documents and Interrogatories by Oscar Cunningham, Eric Williams, Greg Henson (fce) (Entered: 05/04/1993)

REQUEST from Karen L. Mukrtagh-Monks, Esq., counsel for Pltf., dated 9/28/94, reset Discovery deadline to 11/30/94 . SO ORDERED: ( signed by Magistrate Judge Gustave J. DiBianco ) (fce) Modified on 10/08/1993 (Entered: 10/08/1993)

Deadline updated; reset Discovery deadline to 11/30/94 (fce)

Plaintiffs' ANSWER to Defendants' Second set of Interrogatories and request for production of documents. (fce) (Entered: 05/13/1994)

Third REQUEST for Production of Documents and Interrogatories by Oscar Cunningham, Eric Williams, Greg Henson (fce) (Entered: 07/26/1994)

STIPULATION REQUEST and ORDER, reset Discovery deadline to 6/30/95 signed on 11/11/94 by Magistrate Judge Gustave J. DiBianco ) (fce) (Entered: 11/15/1994)

MINUTE ENTRY of TELEPHONE CONFERENCE with Magistrate Judge DiBianco - APP: Joanne Macri, Law Graduate on behalf of the Pltf(s). and Deirdre Roney, Esq. on behalf of the Deft(s). RULINGS: (1) "Interview" of DOCS employees re: functioning of ventilation system should NOT be done unless counsel for DOCS is present. (2) Parties to arrange follow-up telephone conference week of 11/28/94 if necessary. (dmf) (Entered: 11/23/1994)

FOURTH REQUEST for Production of Documents by Oscar Cunningham, Eric Williams, Greg Henson (fce) (Entered: 12/09/1994)

Pltfs' 5th REQUEST for Production of Documents (cbm) (Entered: 12/13/1994)

REQUEST for Production of Documents by Oscar Cunningham, Eric Williams, Greg Henson (fce) (Entered: 12/21/1994)

ORDER, Re: discovery by pltfs' expert, Ward Duel, who will be permitted to conduct tours of selected correctional facilities, defts shall make available an individual who is familiar w/the ventilation system at each tour, and at each facility defts shall make available an individual who is familiar w/that ventilation system for the purpose of being deposed. Inspections and depositions are set for: Mid-Statea Corrctional Facility - 10 a.m. on Wed., 2/22/95; Maracy Correctional Facility - 10:00 a.m. on Fri., 2/24/95; Orleans Correctional Facility - 10:00 a.m. on Wed., 3/1/95; and Albion Correctional Facility - 10:00 a.m. on Fri., 3/3/95. ( signed by Magistrate Judge Gustave J. DiBianco ) (fce) (Entered: 02/13/1995)

Minute entry: TELEPHONE CONFERENCE WITH MAG. JUDGE DI BIANCO. Various rulings made. Order submitted. Appearances: James M. Bogin, Esq. & Sherry Maxwell, Esq. for Plaintiffs; Deidre Roney, AAG for Defts. (kmg) (Entered: 02/22/1995)

TRANSCRIPT of Examination Before Trail of a N on-Party Witness, Dr. George Diferdinando filed for dates of 10/27/94 (fce) (Entered: 02/17/1995)

Minute entry: TELEPHONE CONFERENCE WITH MAG. JUDGE DI BIANCO. RULINGS: 1. Tour of Collins Correctional Facility to go forward within next three weeks. AAG Roney to have another AAG accompany inspection team. Atty. General's office may videotape the inspection and testing by plaintiff's expert. 2. Parties to attempt agreement on whether Adirondack Correctional Facility needs to be "inspected". APPEARANCES: James Bogin, Esq. & Sherry Maxwell, Esq. for Plaintiffs; Deidre Roney, AAG for Defts. (kmg) (Entered: 03/23/1995)

SEVENTH REQUEST for Production of Documents by Oscar Cunningham, Eric Williams, Greg Henson (fce) (Entered: 03/23/1995)

MOTION by Oscar Cunningham, Eric Williams, Greg Henson to Compel with Affirmation of James M. Bogin in support of motion and miscellaneous papers attached Hearing set for 6/16/95, Response Deadline 6/2/95, Reply to Response Deadline 6/9/95 Motion returnable before Judge/Mag. Judge: DiBianco (fce) (Entered: 05/17/1995)

MEMORANDUM of Law by plaintiffs in support of [25-1] motion to Compel with Affirmation of James M. Bogin in support of motion (fce) (Entered: 05/17/1995)

EIGHTH REQUEST for Production of Documents by Oscar Cunningham, Eric Williams, Greg Henson (fce) (Entered: 06/07/1995)

Minute entry: TELEPHONE CONFERENCE WITH MAG. JUDGE DI BIANCO. APPEARANCES: James M. Bogin, Esq. & Cheryl Maxwell, Esq. for Plaintiffs; Deidre Roney, AAG for Defts. RULINGS: 1. AAG Roney to serve answers to discovery requests by 6/16/95. 2. If any problems, e.g. incomplete or missing documents - telephone conference to be scheduled; no motions before telephone conference. (kmg) (Entered: 06/13/1995)

AFFIRMATION of Deirdre Roney by Thomas A. Coughlin III, Robert Greifinger, William McMahon in Opposition to Re: [25-1] motion to Compel with Affirmation of James M. Bogin in support of motion and miscellaneous papers attached (wbl) (Entered: 06/16/1995)

MOTION by AAG, Deirdre Roney for Thomas A. Coughlin III, Robert Greifinger, William McMahon to substitution of certain defendants (before Hon. DiBianco) . Motion returnable before Mag. Judge DiBianco (fce) (Entered: 07/14/1995)

LETTER REQUEST, dated6/29/95, and ORDER, Response to Motion reset to 7/28/95 for [30-1] motion to substitution of certain defendants (before Hon. DiBianco) ( signed on 7/13/95 by Magistrate Judge Gustave J. DiBianco ) (fce) (Entered: 07/14/1995)

ORDER denied as moot [25-1] motion to Compel, and denied motion for attys' fees. ( signed on 8/7/95 by Magistrate Judge Gustave J. DiBianco ) (fce) (Entered: 08/08/1995)

MINUTE ENTRY of Telephone Conference with Magistrate Judge DiBianco - APP: Karen L. Murtagh-Monks, Esq. on behalf of the Pltf. and Deirdre Roney, Esq. on behalf of the Deft. - RULINGS: Discovery conference held. (dmf) (Entered: 09/15/1995)

ORDER granting [30-1] motion for substitution of certain defendants.) ( signed on 9/25/95 by Magistrate Judge Gustave J. DiBianco ) (fce) (Entered: 09/27/1995)

Minute entry: TELEPHONE CONFERENCE WITH MAG. JUDGE DI BIANCO. RULINGS: Discovery conference held; order to be submitted. APPEARANCES: James Bogin, Esq. for Plaintiff; Deidre Roney, AAG for Deft. (kmg) (Entered: 05/16/1996)

ORDER, That defts shall provide to pltfs' counsel medical records for the following inmates: Jose Arroyo, 91-R-7445; Norman Butts, 92-B-2778; H. Colbert, 91-R-0504; and George Rivera, 90-T-0233. Ward Duel shall prepare a Report based on his inspections of certain NYS correctional facilities, and a copy shall be provided to defense counsel. The deadline for completing discovery shall be EXTEDED, and all discovery requiring the expenditure of money shall be stayed pending resolution of Prisoners' Legal Services' current budget crisis. and terminated deadlines ( signed on 5/14/96 by Magistrate Judge Gustave J. DiBianco ) (fce) (Entered: 05/21/1996)

CASE reassigned to Judge Lawrence E. Kahn (fce)

ORDER, transferring case from J. Cholakis to J. Kahn ( signed by Chief Judge Thomas J. McAvoy ) (fce) (Entered: 08/06/1996)

ORDER, that both parties shall submit to the court a WRITTEN status report - set Status Report deadline to 9/15/97 ( signed by Magistrate Judge Gustave J. DiBianco, on 8/27/97 ) (fce) (Entered: 08/29/1997)

Letter to court from pltfs' attorney Bogin, dd 9/12/97, noting that defts Coughlin, Greifinger and McMahon (named in 8/27/97 order) have been replaced as defts by Philip Coombe, Terrence Flannery and Edmund Wutzer. (cbm) (Entered: 09/16/1997)

Pltfs' STATUS REPORT, submitted in compliance with Judge DiBianco's 8/27/97 order. (cbm) (Entered: 09/16/1997)

Scheduling Notice:, set Jury Trial for 9:30 on 3/22/99 in Albany, NY before USDJ Kahn.(signed by Scott Snyder on 10/14/98) (fce) (Entered: 10/19/1998)

Scheduling Notice:, reset Jury Trial for 9:30 on 3/22/99 in Auburn, NY. (signed by Scott Snyder on 12/7/98) (fce) (Entered: 12/07/1998)

ORDER ON CONSENT pursuant to rule 23(e), notice to the class of proposed discontinuance. (signed by Judge Lawrence E. Kahn on 1/25/99) (fce) (Entered: 01/28/1999)

LETTER to USDJ Kahn from Lynn Sullivan dd 2/8/99 re: objects to the proposed Stip/Order discontinuing action. (fce) (Entered: 02/16/1999)

LETTER to USDJ Kahn from Angel Cuadrado dd 2/7/99 re: that Mr. Cuadrado objects to the proposed Stip/Order. (fce) (Entered: 02/16/1999)

LETTER to USDJ Kahn from Ebrima Kassama dd 2/5/99 re: objects to the proposed Stip/Order. (fce) (Entered: 02/16/1999)

LETTER to USDJ Kahn from Patrick Jennings dd 2/16/99 re: the double-bunking issue. (fce) (Entered: 02/18/1999)

LETTER to USDJ Kahn from Samuel Jackson dd 2/10/99 re: in opposition to the proposed Stip/Order dismissing this case. (fce) (Entered: 02/18/1999)

NOTICE by William Thomas objects to the Stip/Order discon. action. (fce) Modified on 02/25/1999 (Entered: 02/23/1999)

NOTICE by Louis Martina objects to the Stip/Order discon. action. (fce) Modified on 02/25/1999 (Entered: 02/23/1999)

NOTICE by Angel Tores objects to the Stip/Order discon. action re: double-bunking. (fce) (Entered: 02/23/1999)

NOTICE by Willie Tom objects to the proposed Stip/Order discon. this action. (fce) Modified on 02/25/1999 (Entered: 02/25/1999)

NOTICE from Vincent Smith to the court dd 2/22/99 re: in opposition to double bunking. (fce) (Entered: 03/01/1999)

NOTICE from R. Miller to the court re: in support of the proposed Stip/Order discon. action. (fce) (Entered: 03/01/1999)

NOTICE from Michael Minton to the court re: that a judgment be entered. (fce) (Entered: 03/01/1999)

NOTICE in opposition to proposed Stip/Order by the following inmates: Gonzalez, Sturiale, Carter, Cabrera,Bowen,Lugo,Gordon,Smith, Bruce,Ramirez,Reeves,Smalls, Penny, Henry,Bates,Smith, Arrington, Jackson, Gonzalez,Miller, John,Nieves, Hamlett and Misla. (fce) (Entered: 03/02/1999)

NOTICE in support of Stip/Order discontinuing action by the following inmates: Kraker,James,McCary,Crowder,Simmons,White,McEleen, Jones, Atkins, Harkless, and Richards. (fce) (Entered: 03/02/1999)

NOTICE from Jalone Davis and Eddie Thomas dd 2/24/99 objects to the proposed Stip/Order discontinuing action. (fce) Modified on 03/04/1999 (Entered: 03/04/1999)

NOTICE from Brian Johnston and Jamel Dennis in support of the proposed Stip/Order discontinuing action. (fce) (Entered: 03/05/1999)

NOTICE from Carlton Francis in objection to the proposed Stip/Order discontinuing action. (fce) (Entered: 03/05/1999)

NOTICE from John Freeman to the court re: overcrowded jail cells. (fce) (Entered: 03/05/1999)

NOTICE from Anthony Tyler in support of the proposed Stip/Order discontinuing action. (fce) (Entered: 03/08/1999)

NOTICE from Brooks,Perry,Shanahan,Holmes,Jackson,Green,Fagan, Delgado, Williams,Montgomery,Black,Alicia and Davis in support of the proposed Stip/Order discontinuing action. (fce) (Entered: 03/08/1999)

NOTICE from Andre Oreckinto objects to the proposed Stip/Order discontinuing action. (fce) (Entered: 03/08/1999)

NOTICE from Raymond Jones to the court re: in support of the proposed Stip/Order discontinuing action. (fce) (Entered: 03/16/1999)

REPORT of pltfs' counsel regarding comments from the pltf class on the proposed Stip/Order discontinuing action. (fce) (Entered: 03/16/1999)

NOTICE from R. Bate in opposition to double-bunking. (fce) (Entered: 05/13/1999)

STIPULATION & ORDER Dismissing action pursuant to Rule 23(e) . (signed by Judge Lawrence E. Kahn on 8/9/99) Date Entered: 8/9/99 (fce) (Entered: 08/09/1999)

Case closed (fce)