Case: Azor-El v. City of New York

Azor-El v. New York City Department of Corrections

Azor-El v. New York City Department of Corrections

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jean Azor-El. (sac) (Entered: 05/11/2020)

CLASS ACTION COMPLAINT against City of New York, New York City Department of Corrections, New York State Division of Parole, Kisa Smalls. Document filed by Lance Kelly, James Carter, Ramon Gomez, Maurice Barnar, Anthony Medina, Antonio Graham, Jean Azor-El, Dakwan Fennell, Anthony Brown, Ronnie Cole. (sac) (Entered: 05/11/2020)

PRISONER AUTHORIZATION. Document filed by Jean Azor-El. (sac) (Entered: 05/11/2020)

Case Designated ECF. (sac)

UNSIGNED ORDER TO SHOW CAUSE filed by Jean Azor-El, Maurice Barnar, Anthony Brown, James Carter, Ronnie Cole, Dakwan Fennell, Ramon Gomez, Antonio Graham, Lance Kelly, Anthony Medina. (sac) (Entered: 05/11/2020)

MOTION for Appointment of Counsel. Document filed by Jean Azor-El, Maurice Barnar, Anthony Brown, James Carter, Ronnie Cole, Dakwan Fennell, Ramon Gomez, Antonio Graham, Lance Kelly, Anthony Medina. (sac) (Entered: 05/11/2020)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anthony Brown. (sac) (Entered: 05/11/2020)

PRISONER AUTHORIZATION. Document filed by James Carter. (sac) (Entered: 05/11/2020)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by James Carter. (sac) (Entered: 05/11/2020)

PRISONER AUTHORIZATION. Document filed by James Carter. (sac) (Entered: 05/11/2020)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Dakwan Fennell. (sac) (Entered: 05/11/2020)

PRISONER AUTHORIZATION. Document filed by Dakwan Fennell. (sac) (Entered: 05/11/2020)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Ramon Gomez.(sac) (Entered: 05/11/2020)

PRISONER AUTHORIZATION. Document filed by Ramon Gomez. (sac) (Entered: 05/11/2020)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Antonio Graham. (sac) (Entered: 05/11/2020)

PRISONER AUTHORIZATION. Document filed by Antonio Graham.(sac) (Entered: 05/11/2020)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Lance Kelly. (sac) (Entered: 05/11/2020)

PRISONER AUTHORIZATION. Document filed by Lance Kelly. (sac) (Entered: 05/11/2020)

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anthony Medina. (sac) (Entered: 05/11/2020)

PRISONER AUTHORIZATION. Document filed by Anthony Medina.(sac) (Entered: 05/11/2020)

Notice of Case Assignment/Reassignment - Sua Sponte

NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Louis L. Stanton. Judge Unassigned is no longer assigned to the case. (ad)

ORDER: The Court severs Plaintiffs' claims from each other under Fed. R. Civ. P. 21. Jean Azor-El will proceed as the sole plaintiff in this action. The Clerk of Court is further directed to open separate civil actions with new docket numbers for Anthony Medina, James Carter, Dakwan Fennell, Ronnie Cole, Lance Kelly, Ramon Gomez, Antonio Graham, Maurice Barnar, and Anthony Brown. A copy of the complaint (ECF No. 2), the order to show cause (ECF No. 4), the motion for the appointment of counsel (ECF No. 5), each plaintiff's respective request to proceed IFP and prisoner authorization, and this order should be docketed in each new case. Chambers will mail a copy of this order to all Plaintiffs and note service on the docket. SO ORDERED. (Signed by Judge Louis L. Stanton on 5/18/20) (rdz) (Entered: 05/19/2020)

Transmission to Office of the Clerk of Court. Transmitted re: 20 Order, to the Office of the Clerk of Court for processing..(rdz)

Mail Order by USPS

Mailed a copy of 20 Order, to each Plaintiff: Jean Azor-El, NYSID: 07315251M, B&C No. 4411905123, North Infirmary Command, 15-00 Hazen Street, New York, NY 11370; Anthony Medina, NYSID: 07982100K, B&C No. 2412000049, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370; James Carter, NYSID: 05940325H, B&C No. 1001900347, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370; Dakwan Fennell, NYSID: 07934806P, B&C No. 4411904639, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370; Ronnie Cole, NYSID: 04200697R, B&C No. 9801900423, West Facility, 16-06 Hazen Street, East Elmhurst, NY 11370; Lance Kelly, NYSID: 05707030Q B&C, No. 3491808075, Robert N. Davoren Center, 11-11 Hazen Street, East Elmhurst, NY 11370; Ramon Gomez, NYSID: 13923555R, B&C No. 3492000441, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370; Antonio Graham, NYSID: 05337571Z, B&C No. 1411905134, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370; Maurice Barnar, NYSID: 08439171L, B&C No. 8951900337, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370; Anthony Brown, NYSID: 09090584Q, B&C No. 3492000266, North Infirmary Command, 15-00 Hazen Street, East Elmhust, NY 11370.(ml)

Transmission to Office of the Clerk of Court

ORDER GRANTING IFP APPLICATION IN PRISONER CASE: Plaintiff's application for leave to proceed without prepayment of fees is granted. A prisoner bringing a civil action is required to pay the full $350 filing fee even when proceeding in forma pauperis (IFP), that is, without prepayment of fees.... The Court must collect, when funds exist in a prisoner's account, an initial partial filing fee plus monthly payments. The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. § 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this order to Plaintiff and note service on the docket. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Louis L. Stanton on 5/28/2020) (sac) Transmission to Docket Assistant Clerk for processing. Modified on 6/3/2020 (sac). (Entered: 05/29/2020)

LETTER addressed to Judge Louis L. Stanton from Jean Azor-El dated 5/26/20 re: proposed class action Complaint along with a Motion for a Temporary restraining Order and Preliminary Injunction seeking immediate relief. Document filed by Jean Azor-El.(yv) (Entered: 06/04/2020)

LETTER addressed to Judge Louis L. Stanton from Anthony Medina dated 5/28/2020 re: withdrawing as a plaintiff. Document filed by Anthony Medina.(rro) (Entered: 06/04/2020)

Mailed a copy of 21 Order Granting IFP Application in Prisoner Case, to Jean Azor-El, NYSID: 07315251M, B&C No. 4411905123; North Infirmary Command, 15-00 Hazen Street, New York, NY 11370; to the Warden/Superintendent of North Infirmary Command. (sac)

Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (ad)

NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Louis L. Stanton is no longer assigned to the case. (ad)

Notice of Reassignment to Judge Failla mailed to Jean Azor-El. (ad) (Entered: 06/05/2020)

Mail Order by USPS

Notice of Case Assignment/Reassignment

Remark

ORDER OF SERVICE: The Clerk of Court is directed to mail a copy this Order to Plaintiff, together with an information package. The Court dismisses Plaintiff's claims against the Department of Correction and the New York State Division of Parole. See 28 U.S.C. § 1915(e)(2)(B)(ii), (iii). The Clerk of Court is directed to add "Jane/John Doe, NIC Respiratory Therapist" under Fed. R. Civ. P. 21. The Clerk of Court is directed to electronically notify the New York City Department of Correction and the New York City Law Department of this Order. The Court requests that Defendants City of New York and Warden Kisa Smalls, waive service of summons. The Clerk of the Court is directed to mail a copy of this Order and the complaint to the New York City Law Department at 100 Church Street New York, New York 10007. An Amended Complaint form is attached to this Order. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Waiver of Service due by 7/10/2020. Jane/John Doe added. New York City Department of Corrections (is sued in its official capacity) and New York State Division of Parole terminated. (Signed by Judge Katherine Polk Failla on 6/9/2020) (rro) Transmission to Pro Se Assistants for processing. Modified on 6/17/2020 (rro). (Entered: 06/10/2020)

ORDER CONSOLIDATING CASES AND GRANTING REQUEST FOR PRO BONO COUNSEL granting (5) Motion to Appoint Counsel in case 1:20-cv-03650-KPF; granting (5) Motion to Appoint Counsel in case 1:20-cv-03984-KPF; granting (5) Motion to Appoint Counsel in case 1:20-cv-03985-KPF; granting (5) Motion to Appoint Counsel in case 1:20-cv-03990-KPF; granting (6) Motion to Appoint Counsel in case 1:20-cv-03979-KPF; granting (6) Motion to Appoint Counsel in case 1:20-cv-03980-KPF; granting (6) Motion to Appoint Counsel in case 1:20-cv-03982-KPF; granting (6) Motion to Appoint Counsel in case 1:20-cv-03983-KPF. For the foregoing reasons, the Clerk of Court is directed to consolidate these cases, and Plaintiffs' motion for the appointment of counsel is granted. The Court advises Plaintiffs that there are no funds to retain counsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent Plaintiffs. If an attorney volunteers, the attorney will contact Plaintiffs directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and Plaintiffs should be prepared to proceed with the case without an attorney. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Katherine Polk Failla on 6/15/2020) Filed In Associated Cases: 1:20-cv-03650-KPF et al. Copies Mailed By Chambers. (rro) Transmission to Office of Pro Se Litigation for processing. (Entered: 06/15/2020)

Mailed a copy of (10 in 1:20-cv-03985-KPF, 10 in 1:20-cv-03983-KPF, 10 in 1:20-cv-03990-KPF, 27 in 1:20-cv-03650-KPF, 10 in 1:20-cv-03984-KPF, 10 in 1:20-cv-03980-KPF, 10 in 1:20-cv-03979-KPF, 10 in 1:20-cv-03982-KPF) Order on Motion to Appoint Counsel, to Jean Azor-El, NYSID: 07315251M, B&C No. 4411905123, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, New York 11370; Anthony Medina, NYSID: 07982100K, B&C No. 2412000049, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, New York 11370; James Carter, NYSID: 05940325H, B&C No. 1001900347, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, New York 11370; Dakwan Fennell, NYSID: 07934806P, B&C No. 4411904639, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, New York 11370; Lance Kelly, NYSID: 05707030Q, B&C No. 3491808075, Robert N. Davoren Center, 11-11 Hazen Street, East Elmhurst, New York 11370; Ramon Gomez, NYSID: 13923555R, B&C No. 3492000441, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, New York 11370; Antonio Graham, NYSID: 05337571Z, B&C No. 1411905134, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, New York 11370; Anthony Brown, NYSID: 09090584Q, B&C No. 3492000266, North Infirmary Command, 150-00 Hazen Street, East Elmhurst, New York 11370. Filed In Associated Cases: 1:20-cv-03650-KPF et al.(tn)

Mail Order by USPS

LETTER addressed to Judge Louis L. Stanton from Anthony Medina dated 6/11/2020 re: transfer back to the disability ADA Unit. Document filed by Anthony Medina.(rro) (Entered: 06/18/2020)

WAIVER OF SERVICE RETURNED EXECUTED. Kisa Smalls waiver sent on 6/2/2020, answer due 8/3/2020. Document filed by Kisa Smalls..(Maginley-Liddie, Lynelle) (Entered: 07/02/2020)

NOTICE OF APPEARANCE by David Sumner Thayer on behalf of City of New York, Kisa Smalls, City of New York, City of New York, Kisa Smalls, City of New York, City of New York. Filed In Associated Cases: 1:20-cv-03650-KPF et al..(Thayer, David) (Entered: 07/08/2020)

WAIVER OF SERVICE RETURNED EXECUTED. City of New York waiver sent on 7/8/2020, answer due 9/8/2020. Document filed by City of New York; Kisa Smalls. Filed In Associated Cases: 1:20-cv-03650-KPF et al..(Thayer, David) (Entered: 07/08/2020)

CERTIFICATE OF SERVICE of (1) Notice of Appearance, dated July 8, 2020, and (2) Waiver of Service, dated July 8, 2020, served on Jean Azor-El, Anthony Brown, James Carter, Dakwan Fennell, Ramon Gomez, Antonio Graham, Anthony Medina, and Lance Kelly on 07/08/2020. Service was made by First-Class Mail. Document filed by City of New York, Kisa Smalls. Filed In Associated Cases: 1:20-cv-03650-KPF et al..(Thayer, David) (Entered: 07/08/2020)

Received returned mail re: Mail Order by USPS. Mail was addressed to Anthony Brown at NYSID: 09090584Q, B&C No. 3492000266, North Infirmary Command, 15-00 Hazen Street, East Elmhust, NY 11370 and was returned for the following reason(s): Return To Sender. Insufficient Address. Unable To Forward. (ta)

Received Returned Mail

Pro Se Payment of Fee Processed: $88.59 Check processed by the Finance Department on 6/18/2020, Receipt Number 465401262915. (sw)

ORDER GRANTING IFP APPLICATION IN PRISONER CASE AND CONSOLIDATING CASE: For the foregoing reasons, Plaintiffs' application to proceed in forma pauperis is granted, and the Clerk of Court is directed to consolidate this case with the cases already consolidated as Azor-El v. New York City Dep't of Corr., No. 20 Civ. 3650 (KPF). The Clerk of Court is directed to send a copy of this Order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. § 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this Order to the facility to which Plaintiff is transferred. The Clerk of Court is also directed to send a copy of this Order to Plaintiff and note service on the docket. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/21/2020) Copies sent by Chambers. (ks) Transmission to Docket Assistant Clerk for processing. (Entered: 07/21/2020)

Pro Se Payment of Fee - Processed

Mailed a copy of 33 Order Granting IFP Application in Prisoner Case, to Maurice Barnar, NYSID: 08439171L, B&C No. 8951900337, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370. (vn)

Mailed a copy of 33 Order Granting IFP Application in Prisoner Case, to Superintendent, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370. (vn)

Mail Order by USPS

Mailed a copy of 33 Order Granting IFP Application in Prisoner Case, to Maurice Barnar, NYSID: 08439171L, B&C No. 8951900337, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY.(tn)

Mail Order by USPS

FIRST LETTER MOTION for Extension of Time to File Answer re: (3 in 1:20-cv-03982-KPF) Complaint, (3 in 1:20-cv-03984-KPF) Complaint, (3 in 1:20-cv-03990-KPF) Complaint, (3 in 1:20-cv-03980-KPF) Complaint, (2 in 1:20-cv-03650-KPF) Complaint, (3 in 1:20-cv-03983-KPF) Complaint, (3 in 1:20-cv-03985-KPF) Complaint, (2 in 1:20-cv-03978-KPF) Complaint, (3 in 1:20-cv-03979-KPF) Complaint or otherwise respond to the Complaint, and aligning such deadlines to September 9, 2020 addressed to Judge Katherine Polk Failla from David S. Thayer dated July 31, 2020. Document filed by City of New York, Kisa Smalls, City of New York, City of New York, City of New York, Kisa Smalls, City of New York, City of New York.Filed In Associated Cases: 1:20-cv-03650-KPF et al..(Thayer, David) (Entered: 07/31/2020)

CERTIFICATE OF SERVICE of Letter Motion for Alignment of Deadline to Respond to the Complaint served on Jean Azor-El, Anthony Brown, James Carter, Dakwan Fennell, Ramon Gomez, Antonio Graham, Anthony Medina, and Lance Kelly on 07/31/2020. Service was made by First-Class Mail. Document filed by City of New York, Kisa Smalls. Filed In Associated Cases: 1:20-cv-03650-KPF et al..(Thayer, David) (Entered: 08/03/2020)

ORDER granting (34) Letter Motion for Extension of Time to Answer in case 1:20-cv-03650-KPF; granting (15) Letter Motion for Extension of Time to Answer in case 1:20-cv-03984-KPF; granting (16) Letter Motion for Extension of Time to Answer in case 1:20-cv-03978-KPF; granting (22) Letter Motion for Extension of Time to Answer in case 1:20-cv-03985-KPF; granting (15) Letter Motion for Extension of Time to Answer in case 1:20-cv-03990-KPF; granting (16) Letter Motion for Extension of Time to Answer in case 1:20-cv-03979-KPF; granting (15) Letter Motion for Extension of Time to Answer in case 1:20-cv-03980-KPF; granting (15) Letter Motion for Extension of Time to Answer in case 1:20-cv-03982-KPF; granting (15) Letter Motion for Extension of Time to Answer in case 1:20-cv-03983-KPF. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/31/2020) Filed In Associated Cases: 1:20-cv-03650-KPF et al. Copies Mailed By Chambers. (rro) Modified on 8/3/2020 (rro). (Entered: 08/03/2020)

Set/Reset Deadlines: City of New York answer due 9/9/2020; Kisa Smalls answer due 9/9/2020. (rro)

FRCP 4 SERVICE PACKAGE MAILED to Jean Azor-El, at North Infirmary Command 15-00 Hazen Street East Elmhurst, NY 11370, on 8/5/2020 Re: 26 Order of Service, via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (sbr) (Entered: 08/05/2020)

Mailed a copy of (17 in 1:20-cv-03982-KPF, 18 in 1:20-cv-03978-KPF, 18 in 1:20-cv-03979-KPF, 17 in 1:20-cv-03983-KPF, 17 in 1:20-cv-03990-KPF, 24 in 1:20-cv-03985-KPF, 17 in 1:20-cv-03984-KPF, 17 in 1:20-cv-03980-KPF, 36 in 1:20-cv-03650-KPF) Order on Motion for Extension of Time to Answer, to Anthony Brown, 440 W. 57th Street, Room #1634, New York, New York 10019; Jean Azor-El, NYSID: 07315251M, B&C No. 4411905123, North Infirmary Command, 15-00 Hazen Street, New York, NY 11370; Ramon Gomez, NYSID: 13923555R, B&C No. 3492000441, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370; Antonio Graham, NYSID: 05337571Z, B&C No. 1411905134, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370; Anthony Brown, NYSID: 09090584Q, B&C No. 3492000266, North Infirmary Command, 150-00 Hazen Street, East Elmhurst, New York 11370; James Carter, NYSID: 05940325H, North Infirmary Command, B&C No. 1001900347, 15-00 Hazen Street, East Elmhurst, NY 11370; Maurice Barnar, NYSID: 08439171L, B&C No. 8951900337, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370; Dakwan Fennell, NYSID: 07934806P, North Infirmary Command, B&C No. 4411904639, 15-00 Hazen Street, East Elmhurst, NY 11370; Lance Kelly, NYSID: 05707030Q, B&C No. 3491808075, Robert N. Davoren Center, 11-11 Hazen Street, East Elmhurst, NY 11370; Anthony Medina, 2412000049, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370; Anthony Medina, 241190428, Anna M. Kross Center, 18-18 Hazen Street, East Elmhurst, NY 11370. Filed In Associated Cases: 1:20-cv-03650-KPF et al. (tn)

Mail Order by USPS

LETTER addressed to Judge Katherine Polk Failla from David S. Thayer dated August 10, 2020, re: the Valentin Order concerning the John Doe respiratory therapist defendant. Document filed by City of New York, Kisa Smalls, City of New York, City of New York, City of New York, Kisa Smalls, City of New York, City of New York.Filed In Associated Cases: 1:20-cv-03650-KPF et al..(Thayer, David) (Entered: 08/10/2020)

CERTIFICATE OF SERVICE of DOC Defendants' Letter Response to the Court's Valentin Order served on Jean Azor-El, Anthony Brown, James Carter, Dakwan Fennell, Ramn Gomez, Antonio Graham, Anthony Medina, Lance Kelly, and Maurice Barnar on 08/10/2020. Service was made by First-Class Mail. Document filed by City of New York, Kisa Smalls. Filed In Associated Cases: 1:20-cv-03650-KPF et al..(Thayer, David) (Entered: 08/10/2020)

LETTER addressed to Judge Katherine Polk Failla from Anthony Medina dated 8/3/2020 re: response to defense counsel 7/21/2020 letter. Document filed by Anthony Medina, Anthony Medina.(rro) (Entered: 08/11/2020)

Received returned mail re: 36 Order on Motion for Extension of Time to Answer. Mail was addressed to Antonio Graham, NYSID: 05337571Z, B&C No. 1411905134, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370 and was returned for the following reason(s): Return to Sender Not Deliverable as Addressed Unable to Forward, RTS. (vn)

ENDORSED LETTER from Antonio Graham dated 8/6/2020 re: updated address. ENDORSEMENT: The Clerk of Court is directed to update Mr. Graham's address on the docket. (Signed by Judge Katherine Polk Failla on 8/20/2020) Copies Mailed By Chambers. (rro) (Entered: 08/20/2020)

NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for James Carter, Anthony Medina, Jean Azor-El. Filed In Associated Cases: 1:20-cv-03650-KPF, 1:20-cv-03980-KPF, 1:20-cv-03985-KPF.(Keenan, Edward) (Entered: 08/21/2020)

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Edward Emmett Keenan on behalf of James Carter, Anthony Medina, Jean Azor-El Filed In Associated Cases: 1:20-cv-03650-KPF, 1:20-cv-03980-KPF, 1:20-cv-03985-KPF.(Keenan, Edward) (Entered: 08/21/2020)

Mailed a copy of 41 Endorsed Letter, to Antonio Graham, 28 MacDonough Street, Apt. 2-F, Brooklyn, New York 11216.(tn)

Received Returned Mail

Mail Order by USPS

Received returned mail re: 36 Order on Motion for Extension of Time to Answer. Mail was addressed to Anthony Brown, NYSID: 09090584Q, B&C No. 3492000266, North Infirmary Command, 15-00 Hazen Street, East Elmhust, NY 11370 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward. (vn)

LETTER MOTION for Conference in anticipation of a motion to dismiss addressed to Judge Katherine Polk Failla from David S. Thayer dated September 9, 2020,. Document filed by City of New York, Kisa Smalls, City of New York, City of New York, City of New York, Kisa Smalls, City of New York, City of New York.Filed In Associated Cases: 1:20-cv-03650-KPF et al..(Thayer, David) (Entered: 09/09/2020)

Received Returned Mail

ORDER granting (44) Letter Motion for Conference in case 1:20-cv-03650-KPF; granting (21) Letter Motion for Conference in case 1:20-cv-03984-KPF; granting (22) Letter Motion for Conference in case 1:20-cv-03978-KPF; granting (47) Letter Motion for Conference in case 1:20-cv-03985-KPF; granting (21) Letter Motion for Conference in case 1:20-cv-03990-KPF; granting (22) Letter Motion for Conference in case 1:20-cv-03979-KPF; granting (23) Letter Motion for Conference in case 1:20-cv-03980-KPF; granting (21) Letter Motion for Conference in case 1:20-cv-03982-KPF; granting (21) Letter Motion for Conference in case 1:20-cv-03983-KPF. The Court is in receipt of Defendants' September 9, 2020 letter requesting a pre-motion conference in anticipation of filing a motion to dismiss. (Dkt. #44). The parties are hereby ORDERED to appear for a conference to discuss Plaintiffs' motion for a preliminary injunction (Dkt. #22), as well as Defendants' anticipated motion to dismiss, on October 6, 2020, at 10:00 a.m. At 10:00 a.m. the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 10:00 a.m. The Court has given the parties additional time to prepare for this conference in the hopes that Plaintiffs will address outstanding issues related to representation by the time the conference occurs. Counsel for Plaintiffs Medina, Azor-El, and Carter shall notify the Court on or by September 30, 2020, if counsel believes that any of the consolidated plaintiffs will still be unrepresented at the time of the Conference so that the Court may arrange for those pro se plaintiffs to attend the conference as well. (Telephone Conference set for 10/6/2020 at 10:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/10/2020) Filed In Associated Cases: 1:20-cv-03650-KPF et al. Copies Mailed By Chambers. (rro) (Entered: 09/10/2020)

Mailed a copy of (22 in 1:20-cv-03983-KPF, 23 in 1:20-cv-03978-KPF, 45 in 1:20-cv-03650-KPF, 23 in 1:20-cv-03979-KPF, 22 in 1:20-cv-03982-KPF, 24 in 1:20-cv-03980-KPF, 48 in 1:20-cv-03985-KPF, 22 in 1:20-cv-03990-KPF, 22 in 1:20-cv-03984-KPF) Order on Motion for Conference, to Anthony Brown, NYSID: 09090584Q, B&C No. 3492000266, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, New York 113702; Anthony Brown, 440 W. 57th Street, Room #1634, New York, New York 10019; Dakwan Fennell, NYSID: 07934806P, North Infirmary Command, B&C No. 4411904639, 15-00 Hazen Street, East Elmhurst, NY 11370; Antonio Graham, 28 MacDonough Street, Apt. 2-F, Brooklyn, NY 11216; Maurice Barnar, NYSID: 08439171L, B&C No. 8951900337, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370; Ramon Gomez, NYSID: 13923555R, B&C No. 3492000441, North Infirmary Command, 15-00 Hazen Street, East Elmhurst, NY 11370; Lance Kelly, NYSID: 05707030Q, B&C No. 3491808075, Robert N. Davoren Center, 11-11 Hazen Street, East Elmhurst, NY 11370. Filed In Associated Cases: 1:20-cv-03650-KPF et al..(tn)

Mail Order by USPS

Pro Se Payment of Fee Processed: $248.69 Check processed by the Finance Department on 9/18/20, Receipt Number 465401266689. (jgl)

Pro Se Payment of Fee - Processed

LETTER addressed to Judge Katherine Polk Failla from David S. Thayer dated October 2, 2020 re: order of production of Plaintiff Lance Kelly for the 10/06/2020 conference. Document filed by City of New York, Kisa Smalls, City of New York, City of New York, City of New York, Kisa Smalls, City of New York, City of New York. (Attachments: # 1 Text of Proposed Order to Produce)Filed In Associated Cases: 1:20-cv-03650-KPF et al..(Thayer, David) (Entered: 10/02/2020)

ORDER: IT IS HEREBY ORDERED that the Superintendent or other official in charge of Downstate Correctional Facility, or of whichever DOCCS facility in which Mr. Kelly is housed at the date and time of the aforementioned conference, shall produce Mr. Kelly to a place designated by the Superintendent or other official for participation by telephone in said conference. (Signed by Judge Katherine Polk Failla on 10/2/2020) (rro) (Entered: 10/02/2020)

Mailed a copy of 47 Order, to Lance Kelly, NYSID: 05707030Q, B&C No. 3491808075 at Robert N. Davoren Center, 11-11 Hazen Street, East Elmhurst, NY 11370. (dsh)

ORDER: IT IS HEREBY ORDERED that the Warden or other official in charge of the North Infirmary Command, or of whichever DOC facility in which Mr. Barnar is housed at the date and time of the aforementioned conference, shall produce Mr. Barnar to a place designated by the Warden or other official for participation by telephone in said conference. (Signed by Judge Katherine Polk Failla on 10/5/2020) (rro) (Entered: 10/05/2020)

Mail Order by USPS

Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 10/6/2020. Attorney E.E. Kennan and Litigation Manager Julia Gokhberg, representing Plaintiffs Jean Azor-El, James Carter, and Anthony Medina present. Plaintiffs Maurice Barnar and Lance Kelly present. Attorney David Sumner Thayer representing Defendants present. Plaintiffs Barnar and Kelly agree to be represented by Mr. Keenan. By the end of October, Mr. Keenan will follow up with Plaintiffs Fennell and Ramon Gomez, and continue to try to contact Plaintiffs Brown and Graham, who are now out of custody, regarding representation. By no later than the end of November Plaintiffs are to file an Amended Complaint. Defendants are to submit a letter to the Court two weeks after receiving the Amended Complaint, informing the Court if they intend on filing an answer or motion to dismiss. Defendants are to order a copy of today's transcript and provide a copy, at the minimum, to Plaintiffs Barnar and Kelly. (Court Reporter Kelly Surina) Associated Cases: 1:20-cv-03650-KPF et al.(tn)

Pretrial Conference - Initial

TRANSCRIPT of Proceedings re: CONFERENCE held on 10/6/2020 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/23/2020. Redacted Transcript Deadline set for 12/3/2020. Release of Transcript Restriction set for 1/31/2021..(McGuirk, Kelly) (Entered: 11/02/2020)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/6/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 11/02/2020)

Received returned mail re: 47 Order. Mail was addressed to Lance Kelly, NYSID: 05707030Q, B&C No. 3491808075, Robert N. Davoren Center, 11-11 Hazen Street, East Elmhurst, NY 11370 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward, RTS. (vn)

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Edward Emmett Keenan on behalf of Lance Kelly, Dakwan Fennell, James Carter, Maurice Barnar, Anthony Medina, Ramon Gomez, Jean Azor-El, James Carter, Ronnie Cole, Dakwan Fennell, Anthony Medina, Anthony Medina Filed In Associated Cases: 1:20-cv-03650-KPF et al..(Keenan, Edward) (Entered: 11/19/2020)

AMENDED COMPLAINT, re: amending 2 Complaint, against Cynthia Brann, City of New York, Clerk of Court, Supreme Court(100 Centre Street, New York, NY 10013), Clerk of Court, Supreme Court(Queens, Kew Gardens, N.Y. 11415), Present Commissioner.Document filed by Jean Azor. Related document: 2 Complaint.(sc) (Entered: 11/24/2020)

Pro Se Payment of Fee Processed: $12.72 Check processed by the Finance Department on 11/17/2020, Receipt Number 465401270312. (sw)

Pro Se Payment of Fee - Processed

LETTER MOTION for Extension of Time to Amend addressed to Judge Katherine Polk Failla from E.E. Keenan dated 11/30/2020. Document filed by Lance Kelly, Dakwan Fennell, Maurice Barnar, Anthony Medina, Ramon Gomez, Jean Azor, James Carter, James Carter, Ronnie Cole, Dakwan Fennell, Anthony Medina, Anthony Medina.Filed In Associated Cases: 1:20-cv-03650-KPF et al..(Keenan, Edward) (Entered: 11/30/2020)

ORDER granting (53) Letter Motion for Extension of Time to Amend in case 1:20-cv-03650-KPF; granting (26) Letter Motion for Extension of Time to Amend in case 1:20-cv-03978-KPF; granting (53) Letter Motion for Extension of Time to Amend in case 1:20-cv-03985-KPF; granting (25) Letter Motion for Extension of Time to Amend in case 1:20-cv-03990-KPF; granting (27) Letter Motion for Extension of Time to Amend in case 1:20-cv-03980-KPF; granting (25) Letter Motion for Extension of Time to Amend in case 1:20-cv-03982-KPF; granting (25) Letter Motion for Extension of Time to Amend in case 1:20-cv-03983-KPF. Application GRANTED. The Clerk of Court is directed to docket this Orderin case numbers 20-cv-3650, 20-cv-3978, 20-cv-3980, 20-cv-3982, 20-cv-3983,20-cv-3985, and 20-cv-3990. (Amended Pleadings due by 12/11/2020.) (Signed by Judge Katherine Polk Failla on 12/1/2020) Filed In Associated Cases: 1:20-cv-03650-KPF et al. (rro) (Entered: 12/01/2020)

ORDER: The Court has received Plaintiff Jean Azor-El's amended complaint, filed pro se, dated November 12, 2020, and docketed on November 24, 2020. (Dkt. #52). Plaintiff's pro se amended complaint is hereby DISMISSED without prejudice because the claims asserted therein are unrelated to the consolidated action. Plaintiff's counsel is directed to deliver a copy of this Order to Plaintiff. (Signed by Judge Katherine Polk Failla on 12/1/2020) (rro) (Entered: 12/01/2020)

Received returned mail re: 20 Order. Mail was addressed to Anthony Brown, NYSID: 09090584Q, B&C No. 3492000266, North Infirmary Command, 15-00 Hazen Street, East Elmhust, NY 11370 and was returned for the following reason(s): Return To Sender. (vn)

Received Returned Mail