Case: Flores v. Stanford

7:18-cv-02468 | U.S. District Court for the Southern District of New York

Filed Date: March 20, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 20, 2018, several people serving indeterminate sentences of a term of years to life with the possibility of parole in New York for crimes committed under age 18 filed this putative class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the Commissioners of the New York State Board of Parole under 42 U.S.C §1983. The plaintiffs, represented by private counsel, claimed that the New York State Board of Parole violated their Eighth and Fo…

On March 20, 2018, several people serving indeterminate sentences of a term of years to life with the possibility of parole in New York for crimes committed under age 18 filed this putative class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the Commissioners of the New York State Board of Parole under 42 U.S.C §1983. The plaintiffs, represented by private counsel, claimed that the New York State Board of Parole violated their Eighth and Fourteenth Amendment rights by repeatedly denying their parole applications. The plaintiffs sought declaratory and injunctive relief. The case was assigned to Judge Vincent L. Briccetti.

Plaintiffs argued that they had been denied the realistic and meaningful opportunity for release based on demonstrated maturity and rehabilitation to which they were entitled and violated their Sixth, Eighth, and Fourteenth amendment rights. Specifically, the complaint alleged repeated instances where individual plaintiffs who were sentenced to prison for crimes committed as juveniles were denied parole arbitrarily. The complaint alleged that the New York State Board of Parole cherry-picked instances of misconduct to justify denying parole instead of reviewing parole applications holistically. In one instance, the Board allegedly relied on a single misbehavior from twenty years ago as a reason to deny parole to an inmate. This denial occurred even though the inmate had earned a master's degree while incarcerated, had been commended by local prison officials for helping to rehabilitate other prisoners, had low likelihood of recidivism, and had no instances of misconduct while in prison. The impact of these denials was that inmates, who had been sentenced for varying ranges of time, had their sentences extended beyond when they were supposed to be paroled.

On March 23, 2018, plaintiffs filed a motion to certify their class for the lawsuit. Judge Briccetti denied their motion without prejudice on April 26, 2018, as being premature. Plaintiffs filed a motion for preliminary injunction seeking to force the commissioners to review all of the application materials for an upcoming May Parole hearing on April 19, 2018. Judge Briccetti denied the motion and gave his reasoning verbally at a May 15 hearing.

On June 22, 2018, defendants filed a motion to dismiss for failure to state a claim upon which relief can be granted and on qualified immunity grounds. Shortly afterwards, the court, on its own motion, allowed plaintiffs to file an amended complaint, which was filed on July 18. This amended complaint added six more named plaintiffs. On August 3, 2018, defendants filed a motion to dismiss for failure to state a claim and for lack of subject matter jurisdiction. On September 20, 2019, the court dismissed the plaintiffs' Sixth Amendment claims and all claims for injunctive relief, but ruled that the plaintiffs' Eighth and Fourteenth Amendment claims for declaratory relief could proceed. 2019 WL 4572703. The court explained that, at that stage of the litigation, it found plausible plaintiffs' claim that the parole procedures for juveniles serving potential life terms do not satisfy due process.  It further reasoned that the alleged denial of parole on the sole basis of the crime or juvenile criminal history and despite evidence of maturity and rehabilitation, if true, would violate the Eighth Amendment.   

Thereafter, the parties engaged in discovery and related disputes.  On June 1, 2022, plaintiffs filed a third amended complaint, with updated plaintiffs and defendants.  And on October 21, 2022, plaintiffs filed a motion to certify the class.  On February 2, 2023, the court issued an order requiring the parties to discuss settlement in good faith and denying plaintiffs' motion for class certification without prejudice pending resolution of defendants' anticipated motion for summary judgment.  As of May 2023, the case remains in mediation.  

 

Summary Authors

Raul Noguera-McElroy (2/1/2019)

Tessa Bialek (6/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6338529/parties/flores-v-stanford/


Judge(s)

Briccetti, Vincent Louis (New York)

Attorney for Plaintiff

Gilbert, Avery Phillips (New York)

Hernandez, Damaris (New York)

Attorney for Defendant

Collins, Deanna Lea (New York)

Harben, Jeb (New York)

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Documents in the Clearinghouse

Document

7:18-cv-02468

Docket [PACER]

April 29, 2020

April 29, 2020

Docket
1

7:18-cv-02468

Complaint

Flores et al v. Stanford et al

March 20, 2018

March 20, 2018

Complaint
89

7:18-cv-02468

Order Denying Preliminary Injunction

May 15, 2018

May 15, 2018

Order/Opinion
110

7:18-cv-02468

Second Amended Complaint

Sept. 25, 2018

Sept. 25, 2018

Complaint
137

7:18-cv-02468

Opinion and Order

Sept. 20, 2019

Sept. 20, 2019

Order/Opinion

2020 WL 2020

270

7:18-cv-02468

Third Amended Class Action Complaint

June 1, 2022

June 1, 2022

Complaint
312

7:18-cv-02468

Order

Feb. 2, 2023

Feb. 2, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6338529/flores-v-stanford/

Last updated Feb. 5, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against TANA AGOSTINI, ELLEN E. ALEXANDER, ERIK BERLINER, OTIS CRUSE, Marc Coppola, Joseph P. Crangle, CHARLES DAVIS, CARYNE DEMOSTHENES, TYCEE DRAKE, CAROL SHAPIRO, TINA M. STANFORD, Edward Sharkey, Walter W. Smith, SALLY THOMPSON. (Filing Fee $ 400.00, Receipt Number 0208-14831993)Document filed by LAWRENCE BARTLEY, CARLOS FLORES.(Hernandez, Damaris) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

Clearinghouse
2

CIVIL COVER SHEET filed. (Hernandez, Damaris) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
3

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to TINA M. STANFORD, re: 1 Complaint. Document filed by LAWRENCE BARTLEY, CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
4

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to TANA AGOSTINI, re: 1 Complaint. Document filed by LAWRENCE BARTLEY, CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
5

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to ELLEN E. ALEXANDER, re: 1 Complaint. Document filed by CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
6

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to ERIK BERLINER, re: 1 Complaint. Document filed by LAWRENCE BARTLEY, CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
7

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to MARC COPPOLA, re: 1 Complaint. Document filed by LAWRENCE BARTLEY, CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
8

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to JOSEPH P. CRANGLE, re: 1 Complaint. Document filed by LAWRENCE BARTLEY, CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
9

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to OTIS CRUSE, re: 1 Complaint. Document filed by LAWRENCE BARTLEY, CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
10

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to CHARLES DAVIS, re: 1 Complaint. Document filed by LAWRENCE BARTLEY, CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
11

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to CARYNE DEMOSTHENES, re: 1 Complaint. Document filed by LAWRENCE BARTLEY, CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
12

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to TYCEE DRAKE, re: 1 Complaint. Document filed by LAWRENCE BARTLEY, CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
13

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to CAROL SHAPIRO, re: 1 Complaint. Document filed by LAWRENCE BARTLEY, CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
14

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to EDWARD SHARKEY, re: 1 Complaint. Document filed by LAWRENCE BARTLEY, CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
15

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to SALLY THOMPSON, re: 1 Complaint. Document filed by LAWRENCE BARTLEY, CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
16

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to WALTER W. SMITH, re: 1 Complaint,. Document filed by LAWRENCE BARTLEY, CARLOS FLORES. (Hernandez, Damaris) Modified on 3/22/2018 (sj). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
17

NOTICE OF APPEARANCE by Antony L Ryan on behalf of LAWRENCE BARTLEY, CARLOS FLORES. (Ryan, Antony) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
18

NOTICE OF APPEARANCE by Avery Phillips Gilbert on behalf of LAWRENCE BARTLEY, CARLOS FLORES. (Gilbert, Avery) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
19

NOTICE OF APPEARANCE by Issa Kohler-Hausmann on behalf of LAWRENCE BARTLEY, CARLOS FLORES. (Kohler-Hausmann, Issa) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Damaris Hernandez. The party information for the following party/parties has been modified: Carlos Flores; Lawrence Bartley; Tina M. Stanford; Sally Thompson; Ellen E. Alexander; Tana Agostini; Erik Berliner; Carol Shapiro; Charles Davis; Otis Cruse; Tycee Drake; Caryne Demosthenes. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (sj)

March 22, 2018

March 22, 2018

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (sj)

March 22, 2018

March 22, 2018

PACER

Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (sj)

March 22, 2018

March 22, 2018

PACER

Case Designated ECF. (sj)

March 22, 2018

March 22, 2018

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Damaris Hernandez to RE-FILE Document No. 7 Request for Issuance of Summons, 13 Request for Issuance of Summons, 12 Request for Issuance of Summons, 3 Request for Issuance of Summons, 4 Request for Issuance of Summons, 8 Request for Issuance of Summons, 6 Request for Issuance of Summons, 10 Request for Issuance of Summons, 16 Request for Issuance of Summons, 5 Request for Issuance of Summons, 11 Request for Issuance of Summons, 9 Request for Issuance of Summons, 15 Request for Issuance of Summons, 14 Request for Issuance of Summons. The filing is deficient for the following reason(s): When listing another entity in the "To" field that is not party to the case, you must include "c/o" on the second line. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

March 22, 2018

March 22, 2018

PACER
20

REQUEST FOR ISSUANCE OF SUMMONS as to Tina M. Stanford, Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Sally Thompson, re: 1 Complaint,. Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
21

ELECTRONIC SUMMONS ISSUED as to Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson. (laq) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
22

MOTION to Certify Class ("Notice of Motion for Class Certification"). Document filed by Lawrence Bartley, Carlos Flores.(Hernandez, Damaris) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
23

MEMORANDUM OF LAW in Support re: 22 MOTION to Certify Class ("Notice of Motion for Class Certification"). ("Memorandum of Law in Support of Plaintiffs' Motion for Class Certification"). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
24

DECLARATION of Damaris Hernandez in Support re: 22 MOTION to Certify Class ("Notice of Motion for Class Certification").. Document filed by Lawrence Bartley, Carlos Flores. (Attachments: # 1 Exhibit A to Hernandez Declaration)(Hernandez, Damaris) (Entered: 03/23/2018)

1 Exhibit A to Hernandez Declaration

View on PACER

March 23, 2018

March 23, 2018

PACER
25

DECLARATION of Issa Kohler-Hausmann in Support re: 22 MOTION to Certify Class ("Notice of Motion for Class Certification").. Document filed by Lawrence Bartley, Carlos Flores. (Attachments: # 1 Exhibit A to Kohler-Hausmann Declaration)(Hernandez, Damaris) (Entered: 03/23/2018)

1 Exhibit A to Kohler-Hausmann Declaration

View on PACER

March 23, 2018

March 23, 2018

PACER
26

DECLARATION of Avery Gilbert in Support re: 22 MOTION to Certify Class ("Notice of Motion for Class Certification").. Document filed by Lawrence Bartley, Carlos Flores. (Attachments: # 1 Exhibit A to Gilbert Declaration)(Hernandez, Damaris) (Entered: 03/23/2018)

1 Exhibit A to Gilbert Declaration

View on PACER

March 23, 2018

March 23, 2018

PACER
27

DECLARATION of Carlos Flores in Support re: 22 MOTION to Certify Class ("Notice of Motion for Class Certification").. Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
28

DECLARATION of Lawrence Bartley in Support re: 22 MOTION to Certify Class ("Notice of Motion for Class Certification").. Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
29

LETTER addressed to Judge Vincent L. Briccetti from Damaris Hernandez dated March 23, 2018 re: Oral Argument. Document filed by Lawrence Bartley, Carlos Flores.(Hernandez, Damaris) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
30

ORDER. Plaintiffs filed the complaint in this action on March 20, 2018. (Doc. #1 ). On March 23, 2018, electronic summonses were issued to defendants. (Doc. #21). On the same date, plaintiffs' counsel moved to certify a class of "[a]ll persons eligible for release to parole supervision who were convicted of crimes committed when they were children under the age of 18 and sentenced to indeterminate life sentences with the possibility of parole in the custody of the New York State Department of Corrections and Community Supervision." (Doc. #22). However, defendants have not yet been served, nor has defendants' counsel appeared. In view of the foregoing, by April 9, 2018, plaintiffs' counsel shall show cause in writing why the motion for class certification should not be denied without prejudice as premature. So Ordered. (Signed by Judge Vincent L. Briccetti on 3/26/18) (yv) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
31

AFFIDAVIT OF SERVICE of Summons and Complaint,. Marc Coppola served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
32

AFFIDAVIT OF SERVICE of Summons and Complaint,. Joseph P. Crangle served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
33

AFFIDAVIT OF SERVICE of Summons and Complaint,. Tina M. Stanford served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
34

AFFIDAVIT OF SERVICE of Summons and Complaint,. Tana Agostini served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
35

AFFIDAVIT OF SERVICE of Summons and Complaint,. Walter W. Smith served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
36

AFFIDAVIT OF SERVICE of Summons and Complaint,. Caryne Demosthenes served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
37

AFFIDAVIT OF SERVICE of Summons and Complaint,. Erik Berliner served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
38

AFFIDAVIT OF SERVICE of Summons and Complaint,. Otis Cruse served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
39

AFFIDAVIT OF SERVICE of Summons and Complaint,. Tycee Drake served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
40

AFFIDAVIT OF SERVICE of Summons and Complaint,. Charles Davis served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
41

AFFIDAVIT OF SERVICE of Summons and Complaint,. Carol Shapiro served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
42

AFFIDAVIT OF SERVICE of Summons and Complaint,. Sally Thompson served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
43

AFFIDAVIT OF SERVICE of Summons and Complaint,. Ellen E. Alexander served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
44

AFFIDAVIT OF SERVICE of Summons and Complaint,. Edward Sharkey served on 3/26/2018, answer due 4/16/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley; Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
45

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, and Civil Cover Sheet served on Marc Coppola on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
46

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, Letter to Judge Briccetti requesting oral argument and Civil Cover Sheet served on Joseph P. Crangle on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission).. Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
47

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, Letter to Judge Briccetti requesting oral argument and Civil Cover Sheet served on Tina M. Stanford on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
48

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, Letter to Judge Briccetti requesting oral argument and Civil Cover Sheet served on Tana Agostini on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
49

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, Letter to Judge Briccetti requesting oral argument and Civil Cover Sheet served on Walter W. Smith on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
50

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, Letter to Judge Briccetti requesting oral argument and Civil Cover Sheet served on Caryne Demosthenes on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
51

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, Letter to Judge Briccetti requesting oral argument and Civil Cover Sheet served on Erik Berliner on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
52

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, Letter to Judge Briccetti requesting oral argument and Civil Cover Sheet served on Otis Cruse on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
53

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, Letter to Judge Briccetti requesting oral argument and Civil Cover Sheet served on Tycee Drake on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
54

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, Letter to Judge Briccetti requesting oral argument and Civil Cover Sheet served on Charles Davis on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
55

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, Letter to Judge Briccetti requesting oral argument and Civil Cover Sheet served on Carol Shapiro on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
56

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, Letter to Judge Briccetti requesting oral argument and Civil Cover Sheet served on Sally Thompson on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
57

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, Letter to Judge Briccetti requesting oral argument and Civil Cover Sheet served on Ellen E. Alexander on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
58

AFFIDAVIT OF SERVICE of Motion to Certify Class, Memorandum in Support of Motion to Certify Class, Declarations of Damaris Hernandez, Issa Kohler-Hausmann, Avery Gilbert, Carlos Flores and Lawrence Bartley in Support of Motion for Class Certification, Letter to Judge Briccetti requesting oral argument and Civil Cover Sheet served on Edward Sharkey on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
59

AFFIDAVIT OF SERVICE of Letter to Judge Briccetti requesting oral argument served on Marc Coppola on 03/26/2018. Service was accepted by Lindsay Bates, Legal Assistant at offices of NYSDOCSS (with permission). Document filed by Lawrence Bartley, Carlos Flores. (Hernandez, Damaris) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
60

LETTER MOTION for Extension of Time to respond to Complaint addressed to Judge Vincent L. Briccetti dated 4/9/18. Document filed by Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson.(Harben, Jeb) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
61

NOTICE OF APPEARANCE by Jeb Harben on behalf of Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson. (Harben, Jeb) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
62

NOTICE OF APPEARANCE by Nicholas Patrick Stabile on behalf of Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson. (Stabile, Nicholas) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
63

ORDER granting 60 Letter Motion for Extension of Time: All defendants' time to answer, move, or otherwise respond to the complaint is extended to 5/17/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
64

RESPONSE re: 30 Order to Show Cause,,, . Document filed by Lawrence Bartley, Carlos Flores. (Attachments: # 1 Exhibit A: 3/23/2018 Email from Kathleen M. King)(Ryan, Antony) (Entered: 04/09/2018)

1 Exhibit A: 3/23/2018 Email from Kathleen M. King

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April 9, 2018

April 9, 2018

PACER
65

LETTER addressed to Judge Vincent L. Briccetti from Jeb Harben dated 4/11/18 re: Plaintiffs' April 9, 2018 Submission. Document filed by Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson.(Harben, Jeb) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER
66

ORDER. By April 18, 2018, defendants' counsel shall respond to plaintiffs' counsel's April 9, 2018, letter regarding plaintiff's motion for class certification. Defendants' time to respond to the motion (Doc. #22) is stayed pending further Order of the Court. So Ordered. (Signed by Judge Vincent L. Briccetti on 4/11/18) (yv) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER
67

MOTION for Preliminary Injunction . Document filed by Carlos Flores.(Ryan, Antony) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
68

MEMORANDUM OF LAW in Support re: 67 MOTION for Preliminary Injunction . . Document filed by Carlos Flores. (Ryan, Antony) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
69

DECLARATION of Antony L. Ryan in Support re: 67 MOTION for Preliminary Injunction .. Document filed by Carlos Flores. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Part 1), # 3 Exhibit 2 (Part 2), # 4 Exhibit 3 (Part 1), # 5 Exhibit 3 (Part 2), # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10 (Part 1), # 13 Exhibit 10 (Part 2), # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14)(Ryan, Antony) (Entered: 04/16/2018)

1 Exhibit 1

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2 Exhibit 2 (Part 1)

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3 Exhibit 2 (Part 2)

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4 Exhibit 3 (Part 1)

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5 Exhibit 3 (Part 2)

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Exhibit 10 (Part 1)

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13 Exhibit 10 (Part 2)

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14 Exhibit 11

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15 Exhibit 12

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16 Exhibit 13

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17 Exhibit 14

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April 16, 2018

April 16, 2018

PACER
70

DECLARATION of Robert J. Dennison in Support re: 67 MOTION for Preliminary Injunction .. Document filed by Carlos Flores. (Ryan, Antony) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
71

DECLARATION of Vernon C. Manley in Support re: 67 MOTION for Preliminary Injunction .. Document filed by Carlos Flores. (Ryan, Antony) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
72

DECLARATION of Barbara Hanson Treen in Support re: 67 MOTION for Preliminary Injunction .. Document filed by Carlos Flores. (Ryan, Antony) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
73

LETTER addressed to Judge Vincent L. Briccetti from Antony L. Ryan dated April 16, 2018 re: requesting oral argument on motion for preliminary injunction (dkt. no. 67). Document filed by Carlos Flores.(Ryan, Antony) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
74

LETTER addressed to Judge Vincent L. Briccetti from Jeb Harben dated 4/18/18 re: Class Certification Briefing. Document filed by Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson.(Harben, Jeb) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
75

NOTICE OF CHANGE OF ADDRESS by Jeb Harben on behalf of Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson. New Address: New York State Office of the Attorney General, 28 Liberty St., New York, New York, 10005, 212-416-6185. (Harben, Jeb) (Entered: 04/18/2018)

April 18, 2018

April 18, 2018

PACER
76

MEMO ENDORSEMENT on re: 73 Letter filed by Carlos Flores. ENDORSEMENT: If the Court desires oral argument, it will so advise counsel. (Signed by Judge Vincent L. Briccetti on 4/20/2018) (mro) Modified on 6/18/2018 (mro). (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
77

ORDER denying without prejudice 22 Motion to Certify Class. Plaintiffs' motion for class certification (Doc. #22) is premature and is therefore DENIED WITHOUT PREJUDICE to re-filing at a later date. The Clerk is instructed to terminate the pending motion. (Doc. #22). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/26/18) (yv) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

PACER
78

LETTER MOTION for Extension of Time to File Response/Reply to Preliminary Injunction Motion addressed to Judge Vincent L. Briccetti from Jeb Harben dated 4/26/18. Document filed by Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson.(Harben, Jeb) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

PACER
79

ORDER granting 78 Letter Motion for Extension of Time to File Response/Reply: Defendants' time to respond to plaintiffs' preliminary injunction motion is extended to 5/11/2018. Plaintiffs' reply, if any, is due 5/18/18. Plaintiffs have not moved for relief on an expedited basis, and this motion will be decided in the ordinary course. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
80

ORDER. By 12:00 p.m. on May 1, 2018, defendants' counsel shall submit a letter in response to plaintiffs' proposed order to show cause, at which point the Court will determine how to proceed. So Ordered. (Signed by Judge Vincent L. Briccetti on 4/30/18) (yv) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
81

RESPONSE in Opposition to Motion re: 67 MOTION for Preliminary Injunction . Opposition to Order to Show Cause. Document filed by Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson. (Harben, Jeb) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
82

ORDER, The Court hereby ORDERS as follows: The Court declines to sign the proposed order to show cause. Defendants' time to oppose plaintiff's motion for a preliminary injunction remains May 11, 2018. Plaintiff's deadline to file a reply is advanced from the previously-scheduled date of May 18, 2018 to May 14, 2018. Plaintiff's reply, if any, shall be filed on ECF by no later than at 12:00 p.m. on May 14, 2018. All counsel are directed to attend an in-person conference on May 15, 2018, at 2:00 p.m., at which time the Court may decide the motion by bench ruling or schedule further proceedings in the matter. Mr. Ryan is directed to file his declaration on ECF. So Ordered. (Responses due by 5/11/2018, Replies due by 5/14/2018., Status Conference set for 5/15/2018 at 02:00 PM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 5/1/18) (yv) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
83

DECLARATION of Antony L. Ryan re: 82 Order,,,, Set Deadlines/Hearings,,, ("Declaration of Antony L. Ryan In Support Of Plaintiff Carlos Flores's Order To Show Cause"). Document filed by Carlos Flores. (Ryan, Antony) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
84

MEMORANDUM OF LAW in Opposition re: 67 MOTION for Preliminary Injunction . . Document filed by Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson. (Stabile, Nicholas) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
85

DECLARATION of Tina M. Stanford in Opposition re: 67 MOTION for Preliminary Injunction .. Document filed by Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson. (Stabile, Nicholas) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
86

DECLARATION of Kathleen M. Kiley in Opposition re: 67 MOTION for Preliminary Injunction .. Document filed by Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson. (Attachments: # 1 Exhibit A -- Flores Parole Interview Transcript, # 2 Exhibit B -- Flores Parole Decision, # 3 Exhibit C -- Bartley Parole Interview Transcript)(Stabile, Nicholas) (Entered: 05/11/2018)

1 Exhibit A -- Flores Parole Interview Transcript

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2 Exhibit B -- Flores Parole Decision

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3 Exhibit C -- Bartley Parole Interview Transcript

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May 11, 2018

May 11, 2018

PACER
87

DECLARATION of Jennifer Bryant in Opposition re: 67 MOTION for Preliminary Injunction .. Document filed by Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson. (Stabile, Nicholas) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
88

REPLY MEMORANDUM OF LAW in Support re: 67 MOTION for Preliminary Injunction . . Document filed by Carlos Flores. (Ryan, Antony) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

RECAP

Minute Entry for proceedings held before Judge Vincent L. Briccetti: Bench Ruling on Plaintiffs' Motion for Preliminary Injunction on 5/15/2018. (Court Reporter Angie Shaw-Crockett) Order to follow. (dh)

May 15, 2018

May 15, 2018

PACER
89

ORDER denying 67 Motion for Preliminary Injunction: For the reasons stated on the record today, plaintiff Flores's motion for a preliminary injunction (Doc. #67) is DENIED. In addition, it is hereby ORDERED: 1. By June 22, 2018, defendants shall answer, move, or otherwise respond to the complaint. 2. If defendants file a motion to dismiss, plaintiffs' opposition is due July 13, 2018. 3. Defendants' reply, if any, is due July 27, 2018. The Clerk is instructed to terminate the motion. (Doc. #67). (Signed by Judge Vincent L. Briccetti on 5/15/2018) (jwh) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

Clearinghouse

Set/Reset Deadlines: Tana Agostini answer due 6/22/2018; Ellen E. Alexander answer due 6/22/2018; Erik Berliner answer due 6/22/2018; Marc Coppola answer due 6/22/2018; Joseph P. Crangle answer due 6/22/2018; Otis Cruse answer due 6/22/2018; Charles Davis answer due 6/22/2018; Caryne Demosthenes answer due 6/22/2018; Tycee Drake answer due 6/22/2018; Carol Shapiro answer due 6/22/2018; Edward Sharkey answer due 6/22/2018; Walter W. Smith answer due 6/22/2018; Tina M. Stanford answer due 6/22/2018; Sally Thompson answer due 6/22/2018. Motions due by 6/22/2018. Responses due by 7/13/2018 Replies due by 7/27/2018. (jwh)

May 15, 2018

May 15, 2018

PACER
90

LETTER addressed to Judge Vincent L. Briccetti from Jeb Harben dated 5/30/18 re: Status. Document filed by Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford.(Harben, Jeb) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

RECAP
91

LETTER MOTION for Leave to File Excess Pages addressed to Judge Vincent L. Briccetti from Jeb Harben dated 6/19/18. Document filed by Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson.(Harben, Jeb) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
92

ORDER granting 91 Letter Motion for Leave to File Excess Pages: Defendants may submit a 30-page brief in support of their anticipated motion to dismiss the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
93

MOTION to Dismiss the Complaint [ECF No. 1]. Document filed by Tana Agostini, Ellen E. Alexander, Erik Berliner, Marc Coppola, Joseph P. Crangle, Otis Cruse, Charles Davis, Caryne Demosthenes, Tycee Drake, Carol Shapiro, Edward Sharkey, Walter W. Smith, Tina M. Stanford, Sally Thompson.(Stabile, Nicholas) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER

Case Details

State / Territory: New York

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Juvenile Parole

Key Dates

Filing Date: March 20, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are inmates in the state of New York who are filing a class action for being arbitrarily denied parole by the New York State Board of Parole.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

New York State Board of Parole, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Juveniles

Parole grant/revocation