Case: Disability Advocates Inc. v. Paterson

COMPLAINT against New York State Department of Health, New York State Office of Mental Health, Antonia C. Novello, George Pataki, James Stone filing fee $ 150, receipt number 279696 Summons Issued, filed by Disability Advocates, Inc.. (Attachments: # 1 Civil Cover Sheet)(Villanueva, William) (Entered: 07/01/2003)

DISCLOSURE of Interested Parties by Disability Advocates, Inc..(Villanueva, William) (Entered: 07/01/2003)

SUMMONS Returned Executed by Disability Advocates, Inc. The New York State Office of Mental Health; the Executive Chamber of New York State; and New York State Department of Health, served on 7/1/2003.(Latka-Mucha, Wieslawa) (Entered: 07/21/2003)

MOTION for Leave to Appear Pro Hac Vice for Ira Abraham Burnim by Disability Advocates, Inc.. (Dobkin, David) (Entered: 07/24/2003)

MOTION for Leave to Appear Pro Hac Vice for Jennifer Ellen Mathis by Disability Advocates, Inc.. (Dobkin, David) (Entered: 07/24/2003)

SCHEDULING ORDER: Initial Conference set for 11/14/2003 04:15 PM in Courtroom 619 before Magistrate-Judge Robert M. Levy.. Signed by Judge Robert M. Levy on July 15, 2003. (Marino, Janine) (Entered: 07/16/2003)

ORDER granting dfts' application for an extension of time, to 10/1/2003, to respond to the complaint. Signed by Judge Nicholas G. Garaufis on 7/17/2003. (see letter dated 7/17/2003 from AAG Hathaway to NGG) c/m(Lee, Tiffeny) (Entered: 07/22/2003)

ORDER granting 6 Motion for Leave to Appear Pro Hac Vice by Ira Abraham Burnim. Signed by JudgeNicholas G. Garaufis on 7/15/2003. (Dobkin, David) (Entered: 07/24/2003)

ORDER granting 8 Motion for Leave to Appear Pro hac vice for Jennifer Ellen Mathis. Signed by JudgeNicholas G. Garaufis on 7/15/2003. (Dobkin, David) (Entered: 07/24/2003)

Filing fee: $ 50.00, receipt number 280416 for Pro Hac Vice. (Dobkin, David)

Consent to Electronic Case Filing filed by Barbara Hathaway, Esq., Amy Held, Esq. and Amy Abramowitz, Esq. (Lee, Tiffeny) (Entered: 07/30/2003)

CERTIFICATE OF SERVICE of admission to practice pro hac vice of Ira Burnim and Jennifer Mathis served to all parties on 7/31/2003. (Lee, Tiffeny) (Entered: 08/21/2003)

Consent to Electronic Case Filing by William G. Lienhard, counsel to plaintiff. (Lee, Tiffeny) (Entered: 08/22/2003)

Consent to Electronic Case Filing filed by Amelia A. Cottrell, counsel for pltf. Disability Advocates, Inc. (Vaughn, Terry) Modified on 8/11/2003 to include that Ms. Cottrell's ECF Registration form was included. (Vaughn, Terry). (Entered: 08/11/2003)

Consent to Electronic Case Filing filed by Mr. Johnson counsel for Pltf. Enclosed was Mr. Johnson's ECF Registration form. (Vaughn, Terry) (Entered: 08/11/2003)

Consent to Electronic Case Filing filed by Joshua Paul Groban, counsel for Pltf. Enclosed was Mr. Groban's ECF Registration form. (Vaughn, Terry) (Entered: 08/11/2003)

Consent to Electronic Case Filing by Cliff Zucker and Timothy Clune, counsel for plaintiff. (Lee, Tiffeny) (Entered: 08/27/2003)

Consent to Electronic Case Filing filed by Jennifer Mathis, counsel for pltf. (DiLorenzo, Krista) (Entered: 08/26/2003)

Consent to Electronic Case Filing filed by Ira A. Burnim, counsel for pltf. (DiLorenzo, Krista) (Entered: 08/26/2003)

ANSWER to Complaint by New York State Department of Health, New York State Office of Mental Health, Antonia C. Novello, George Pataki, James Stone.(Hathaway, Barbara) (Entered: 10/01/2003)

NOTICE of Appearance by Cliff Zucker on behalf of Disability Advocates, Inc. (Zucker, Cliff) (Entered: 10/14/2003)

NOTICE of Appearance by Lycette Nelson on behalf of Disability Advocates, Inc. (Lee, Tiffeny) (Entered: 10/27/2003)

Minute Entry for proceedings held before Robert M. Levy :Cliff Zucker for plaintiff Disability Advocates, Inc.(tel) by Amelia Cottrell, (Paul Weiss), John Gresham (NYLPI), Jennifer Mathis (Bazelon Center), Bill Lienhard, Heather Barr (Urban Justice Center), Jeanette Zelhot (MFY Legal Services); Barbara K. Hathaway, (AAG),Amy Held (AAG), Pam Tindall-O'Brien (OMH Counsel), Joe Reilly (OMH adult home project director) for defendants. Confidential settlement explorations held. The parties shall provide a settlement status report within 4 weeks. Scheduling order entered: Service of document requests by 12/12/03; service of interrogatories by 1/30/04; rolling responses to document requests; responses to interrogatories by 3/15/04, with extension for good cause where appropriate; fact discovery deadline 12/31/04, with leave to extend for good cause. Next conference: 2/24/04 at 1:00 pm. In preparation for the conference, the parties shall submit a status report to chambers by 2/17/04. At the 2/24 conference, the court will consider when depositions should begin. Any requests for recusal shall be made by 11/21/04. Initial Conference Hearing held on 11/14/2003. (Levy, Robert)

Letter dated 10/2/03 from Barbara Hathaway to Judge Garaufis, advising that this office represents dfts Pataki, Novello, Stone, the NYS Dept of Health, and the NYS State Office of Mental Health. (Piper, Francine) (Entered: 11/18/2003)

Letter dated 11/24/03 from Joshua Groban Esq, to USMJ Levy submitted on behalf of the plaintiff, in response to defendants' letter dated 11/21/03. Plaintiff opposes defendants' request for recusal and is unaware of any legitimate basis for such recusal. (Williams-Jackson, Sandy) (Entered: 06/24/2004)

Minute Entry AMENDED ORDER: The Court's Order of November 14, 2003 is amended as follows: The deadline for requests for recusal is November 21, 2003. The next conference is scheduled for March 2, 2004 at 1:00 pm. Any party wishing to appear by telephone may do so. Status reports due February 24, 2004. Entered: December 1, 2003. (Levy, Robert)

ORDER: The parties are correct. The requests for recusal were to be made by 11/21/2003. The next conference will be held on 3/2/2004 @ 1:00 pm. Status reports due 2/24/2004. Signed by Judge Robert M. Levy on 11/26/2003. Endorsed on 11/18 letter from Amelia Cottrell, Esq. to MJ Levy.(Lee, Tiffeny) (Entered: 01/12/2004)

ORDER : Application granted. Defendant may move by letter motion, supported by authority. The deadline to submit the motion, in view of counsel's schedule, is 1/7/2004. So Ordered. Signed by Judge Robert M. Levy on 12/5/2003. Endorsed on 12/5/2003 letter from AAG Hathaway to MJ Levy requesting extension of time to submit papers re: recusal.(Lee, Tiffeny) (Entered: 01/12/2004)

SETTLEMENT STATUS REPORT by Disability Advocates, Inc. (Lee, Tiffeny) (Entered: 12/18/2003)

Letter dated 11/25/2003 from AAG Hathaway to MJ Levy requesting until December 8, 2003 to file a formal motion of recusal, should the Court require one. (Lee, Tiffeny) (Entered: 12/17/2003)

ORDER granting plaintiff's request to have until 1/28/2004 to respond to defendants' motion on the issue of recusal. Signed by Judge Robert M. Levy on 12/10/2003. Endorsed on 12/9/2003 letter from Joshua Groban, Esq. to MJ Levy.(Lee, Tiffeny) (Entered: 12/17/2003)

SETTLEMENT STATUS REPORT by New York State Department of Health, New York State Office of Mental Health, Antonia C. Novello, George Pataki, James Stone. (Lee, Tiffeny) (Entered: 12/18/2003)

Letter from Barbara K. Hathaway to M.J. Levy Regarding Recusal of M.J. Levy. (Attachments: # 1 Exhibit A to C)(Hathaway, Barbara) (Entered: 01/07/2004)

2 Exhibit A to C

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Letter from Barbara K. Hathaway, AAG to Hon. Robert M. Levy Regarding Hon. Robert M. Levy's Recusal. (Hathaway, Barbara) (Entered: 02/02/2004)

Letter from Barbara K. Hathaway, AAG to Hon. Robert M. Levy, US Magistrate Judge Regarding Hon. Robert M. Levy's Recusal (With OAG Letterhead and Signed by AAG Barbara K. Hathaway). (Hathaway, Barbara) (Entered: 02/02/2004)

Letter from Barbara K. Hathaway, Assistant Attorney General to Hon. Robert M. Levy, US Magistrate Judge Regarding Defendants' Response to Plaintiff's Letter, dated February 17, 2004, re A Proposed Protective Order. (Hathaway, Barbara) (Entered: 02/19/2004)

Letter from John A. Gresham to The Honorable Robert M. Levy Regarding Attached Proposed Protective Order. (Groban, Joshua) (Entered: 02/24/2004)

Letter from Joshua Groban to The Honorable Robert M. Levy Regarding Case Status. (Groban, Joshua) (Entered: 02/24/2004)

Letter from Barbara K. Hathaway, Assistant Attorney General to Hon. Robert M. Levy, US Magistrate Judge Regarding Defendants' Status Report re Discovery and Settlement, pursuant to the Court's Scheduling Order. (Hathaway, Barbara) (Entered: 02/24/2004)

Letter dated 2/24/04 from Joshua Groban Esq, to USMJ Levy reporting on the status of the above captioned matter. (Williams-Jackson, Sandy) (Entered: 06/28/2004)

AFFIDAVIT OF CLIFF ZUCKER by Disability Advocates, Inc.. (Zucker, Cliff) (Entered: 02/25/2004)

Letter from Barbara K. Hathaway, Assistant Attorney General to Hon. Robert M. Levy, US Magistrate Judge Regarding Defendants' Response to John Gresham's Letter and Cliff Zucker's Affidavit re Plaintiff's Proposed Protective Order. (Hathaway, Barbara) (Entered: 02/27/2004)

Minute Entry for proceedings held before Robert M. Levy: Status Conference held on 3/2/2004. Argument heard on request for protective order. Decision reserved pending receipt of advisory opinion of Committee on Codes of Conduct regarding recusal issues.Tape #: 04/11: 1041-4964 (Lee, Tiffeny) (Entered: 03/08/2004)

Letter from John A. Gresham to The Honorable Robert M. Levy Regarding Proposed Protective Order. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Groban, Joshua) (Entered: 03/03/2004)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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TRANSCRIPT of Pre-Trial Conference held on Mar. 2, 2004 before Judge Robert M. Levy; Joseph C. Williams, (917) 435-3737. (Lee, Tiffeny) (Entered: 03/19/2004)

MEMORANDUM AND OPINIONPending before the court is defendants' motion for recusal pursuant to 28 U.S.C. Section 455(a), which provides that "[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Accordingly, under the unique circumstances of this case, defendants' motion is granted. SEE M&O Signed by Judge Robert M. Levy on 4/29/04. (Marino, Janine) (Entered: 04/29/2004)

Pursuant to the recusal e'mail from M.J. Levy's chambers: Mag. Judge Marilyn D. Go added. Mag. Judge Robert M. Levy no longer assigned to case. Chambers advised by e'mail. (Vaughn, Terry)

TRANSCRIPT of Civil Cause for Pre-Trial Proceedings conference held on 3/2/04 before Judge Magistrate Robert M. Levy. (Drayton, Lorraine) (Entered: 05/11/2004)

ORDER granting 33 Letter application for protective order and release of unredacted confidential information. A status conference will be held on May 25, 2004 at 10:30 a.m. Signed by Judge Marilyn D. Go on 5/19/04. (Go, Marilyn) (Entered: 05/19/2004)

PROTECTIVE ORDER; Signed by Judge Marilyn D. Go on 5/19/2004. (Lee, Tiffeny) (Entered: 06/28/2004)

Minute Entry for proceedings held before Marilyn D. Go on 5/25/2004. Appearances by Cliff Zucker, Joshua Groban, Heather Barr, Jeanette Zelhof, John Gresham, Lycette Nelson, Barbara Hathaway, Amy Abramowitz, Lorelei Boylan. Defendants must respond to plaintiff's document requests as follows: complete initial production of 40 boxes documents on a rolling basis by 7/26/04, with an indication of what categories of documents and/or remaining agencies to be produced; produce recent assessments by Columbia Presbyterian by 6/8/04; and complete production by 10/25/04. Fact discovery is extended to 1/31/05. Next conference scheduled for Sept. 14, 2004 at 11:30 a.m. (DeVeaux, Yvonne)

Letter dtd 1/28/2004 to Magistrate Judge Robert M. Levy from Joshua Groban, counsel for the plaintiff, requesting that Your Honor deny defendant's request for recusal. (Schillat, Louise) (Entered: 08/04/2004)

Letter dtd Feb. 2, 2004 to Magistrate Judge Robert M. Levy from Barbara K. Hathaway, requesting that Your Honor recuse himself. (Schillat, Louise) (Entered: 08/04/2004)

Letter dtd Feb. 25, 2004 to Magistrate Judge Robert M. Levy from John A. Gresham,in support of plaintiff's proposed protective order. (Affirmation of Cliff Zucker attached.) (Schillat, Louise) (Entered: 08/04/2004)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (Eastern District of New York) Regarding Discovery Dispute. (Hathaway, Barbara) (Entered: 09/01/2004)

Letter from Counsel for Plaintiff to Hon. Marilyn D. Go Regarding Defendants' letter dated September 1, 2004. (Groban, Joshua) (Entered: 09/07/2004)

Minute Entry for proceedings held before Marilyn D. Go : Interim Pretrial Conference held on 9/15/2004. Appearances by Joshua Groban, Amelia Cotrell, Bill Lienhard, Lycette Nelson, Barbara Hathaway, Amy Held. Unless otherwise directed by the court, plaintiff must supplement interrogatory responses by 10/15/04, as discussed. No depositions of residents shall be conducted until authorized by the Court. Next conference scheduled for Nov. 10, 2004 at 10:00 a.m. (ESR 04/87 0-3315) (Go, Marilyn)

Letter from Amelia A. Cottrell of Paul, Weiss, Rifkind, Wharton & Garrison LLP to Magistrate Judge Marilyn D. Go Regarding response to request for the parties' positions concerning the confidentiality regulations of 42 C.F.R. Sec. 51.45(a)(3). (Attachments: # 1 Text of Proposed Order)(Groban, Joshua) (Entered: 09/30/2004)

2 Text of Proposed Order

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Letter from Amy Held, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (Eastern District Court of New York) Regarding 42 C.F.R. Sec. 51.45, Submitted in Accordance with the Court's Oral Directive of 09/14/04. (Hathaway, Barbara) (Entered: 09/30/2004)

ORDER granting 54 Letter request. Signed by Judge Marilyn D. Go on 10/20/04. (Go, Marilyn)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (Eastern District of New York) Regarding Extension of Document Production Deadline. (Hathaway, Barbara) (Entered: 10/20/2004)

Letter from Joshua Groban to Judge Go Regarding request for adjournment of deadline.. (Groban, Joshua) (Entered: 10/20/2004)

Letter from Cliff Zucker to The Honorable Marilyn Dolan Go Regarding Discovery Issue.. (Groban, Joshua) (Entered: 11/01/2004)

Letter from Amy Held, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (Eastern District of New York) Regarding Response of Non-Party OTDA and of Defendants to Plaintiff's November 1, 2004 Letter re: Discovery, Exhibits 1 to 6. (Hathaway, Barbara) (Entered: 11/05/2004)

Letter from Cliff Zucker, Esq. to The Honorable Marilyn Dolan Go Regarding defendants' and OTDA's joint letter dated November 5, 2004. (Groban, Joshua) (Entered: 11/09/2004)

Minute Entry for Status Conference held before Marilyn D. Go on 11/10/2004: Appearances by Cliff Zucker, Joshua Groban, John Gresham, Bill Lienhard, Lycette Nelson, Claudia Wilner, Barbara Hathaway, Amy Held. Plaintiff must provide the names of residents in response to discovery requests, subject to terms of protective order. Prior to the next conference, counsel must confer w/ knowledgeable employees of def. regarding accessibility of data. Next conference scheduled for Nov. 18, 2004 at 9:30 a.m.(Tape #ESR 04/108 0-2891.) (DeVeaux, Yvonne)

Minute Entry for proceedings held before Marilyn D. Go on 11/18/2004. Appearances by Joshua Groban, John Gresham, Cliff Zucker, Barbara Hathaway, Amy Held, Lorelei Boylan. Fact discovery must be completed by 7/1/05. Defendant DOH must produce resident information from a latitude database search by 12/15/4 and from other search by 1/10/05. Next conference scheduled for Feb. 4, 2005 at 10:30 a.m. (Tape # 04/111 0-2278.) (DeVeaux, Yvonne)

NOTICE of Appearance by Beth Susan Frank on behalf of Disability Advocates, Inc. (Frank, Beth) (Entered: 12/06/2004)

TRANSCRIPT of Civil Cause for Conference held on 11/18/04 before Judge Marilyn D. Go. Court Reporter: Elizabeth Barron. (Drayton, Lorraine) (Entered: 01/13/2005)

Letter from Joshua Paul Groban to Magistrate Judge Marilyn D. Go Regarding Court's assistance in resolving another outstanding discovery dispute about access to a database. (Groban, Joshua) (Entered: 12/27/2004)

ORDER granting 61 Letter request extending to 1/10/05 the defendants' time to respond to plaintiff's application to compel. There will be no further extension. Signed by Judge Marilyn D. Go on 12/29/04. (Go, Marilyn)

Letter from Amy L. Abramowitz, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding a request for an extension to respond to Plaintiff's letter dated December 27, 2004, concerning a discovery matter. (Hathaway, Barbara) (Entered: 12/29/2004)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding Document Production. (Hathaway, Barbara) (Entered: 12/30/2004)

Letter from Amy L. Abramowitz, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding resolution of dicovery dispute raised in Plaintiff's letter dated December 27, 2004. (Hathaway, Barbara) (Entered: 01/10/2005)

TRANSCRIPT of Conference held on November 10, 2004 before Judge Marilyn D. Go. Transcription Plus II, 9516) 358-7352. (Lee, Tiffeny) (Entered: 08/24/2007)

Minute Entry for status conference held before Marilyn D. Go on 2/4/2005. Appearances by J. Groban, L. Nelson, B. Frank, B. Hathaway and A. Held. Fact discovery must be completed by 7/29/05. The parties should work to see if information regarding the organizational and administrative structure, etc. can be exchanged informally and embodied in an affidavit, stipulation, or "interrogatory response,' rather than obtained through depositions. Any responses will not be included in the 40 interrogatory limit. The parties should work on a system to identity of residents and institutions other than by their names to protect against premature disclosure of the identities of residents who may provide information in this case. PLEASE NOTE THE TIME FORTHE NEXT CONFERENCE IS July 29, 2005 at 10:30 a.m. (DeVeaux, Yvonne)

TRANSCRIPT of Civil Cause for Status held on 9/15/04 before Judge Marilyn D. Go. Official Transcriber: Rosalie Lombardi. L.F. (Drayton, Lorraine) (Entered: 05/10/2005)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding Request to Lift the Stay of Discovery. (Hathaway, Barbara) (Entered: 05/20/2005)

ORDER granting 66 Letter Request to Lift the Stay of deposition of residents at the adult homes at issue. Ordered by Judge Marilyn D. Go on 5/23/05. (Go, Marilyn)

Letter MOTION to Compel Response to Interrogatory No. 1 by a date certain by all defendants. (Attachments: # 1 Exhibit ExhsA-IandK-MtoDefendants'5.25.ltr)(Held, Amy) (Entered: 05/25/2005)

2 Exhibit ExhsA-IandK-MtoDefendants'5.25.ltr

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RESPONSE in Opposition re 67 Letter MOTION to Compel Response to Interrogatory No. 1 by a date certain filed by Disability Advocates, Inc.. (Groban, Joshua) (Entered: 06/07/2005)

Letter from Joshua Paul Groban to Judge Marilyn D. Go Regarding inspection of Brooklyn Manor. (Groban, Joshua) (Entered: 06/08/2005)

REPLY to Response to Motion re 67 Letter MOTION to Compel Response to Interrogatory No. 1 by a date certain filed by all defendants. (Held, Amy) (Entered: 06/09/2005)

Letter from Barbara K. Hathaway to Hon. Marilyn D. Go Regarding Request, Upon Consent, for Extension of Discovery Deadline. (Hathaway, Barbara) (Entered: 07/08/2005)

Minute Entry for status conference held before Marilyn D. Go on 7//29/2005. Appearances by Andrew Gordon, Cliff Zucker, Amy held, Barbara Hathaway. Plaintiff must identify the residents it intends to call as witnesses at trial by 9/30/05 and defendants must make such disclosures by 11/29/05. Failure to identify any resident may result in preclusion. Fact discovery is extended to 10/31/05, except the deadline for discovery regarding residents is 12/19/05. Any party intending to call an expert, other than in rebuttal, must give notice by 10/17/05 of the type of expert to be retained, areas of expertise and general subject matter to be addressed by the expert. Plaintiff's expert reports and disclosures are due 11/18/05; expert disclosures and reports of defendants' experts and any rebuttal experts of plaintiffs must be served by 12/10/05; reply expert reports are due 1/19/06. Next conference scheduled for Nov. 2, 2005 at 10:00 a.m.(Tape #ESR 05/80 0-3536.) (DeVeaux, Yvonne)

Motions terminated: 67 Letter MOTION to Compel Response to Interrogatory No. 1 by a date certain filed by George Pataki,, James Stone,, New York State Department of Health,, Antonia C. Novello,, New York State Office of Mental Health,. Ordered by Judge Marilyn D. Go on 8/1/5. (Lee, Tiffeny)

ORDER re 72 Letter. The deadline for defendants' expert report and disclosures is 12/19/05. Ordered by Judge Marilyn D. Go on 8/8/05. (Go, Marilyn)

Letter from Barbara K. Hathaway, Assistant Attorney General to Hon. Marilyn D. Go, US Magistrate Judge, EDNY Regarding Request for the Clarification of the Scheduling Order. (Hathaway, Barbara) (Entered: 08/08/2005)

TRANSCRIPT of Proceedings held on 07/29/2005 before Judge MDG. Court Reporter: Elizabeth Barron. (Clark, Shawn) (Entered: 08/09/2005)

Letter from Assistant Attorney General Amy H. Held to Hon. Marilyn D. Go, Magistrate Judge, EDNY Regarding Confidentiality Concerns with Respect to Document Production in Response to a Subpoena. (Hathaway, Barbara) (Entered: 10/05/2005)

Letter from Assistant Attorney General Barbara K. Hathaway to Hon. Marilyn D. Go, Magistrate Judge (EDNY) Regarding Request for Extension of the Fact Discovery Deadline. (Hathaway, Barbara) (Entered: 10/07/2005)

ORDER re 76 Letter. The scheduling order is extended as follows: discovery requests directed to another party must be served by 10/13/05 and to non-parties by 10/31/05; fact discovery must be completed by 12/30/05; notice of expert to be retained must be given by 12/9/05; plaintiff's expert reports and disclosures must be served by 1/31/06; defendants' expert disclosures and reports must be served by 2/3/06; reply expert reports are due 3/20/06. The next conference is adjourned to Jan. 6, 2006 at 10:00 a.m. The parties must be prepared to discuss settlement at the next conference and should call for an earlier conference if they feel one would be productive. Ordered by Judge Marilyn D. Go on 10/12/05. (Go, Marilyn)

Letter from Defendants to Hon. Marilyn D. Go, U.S.M.J. Regarding Defendants' Request, With Plaintiff's Consent, to Extension of Fact Discovery Period, and to Adjournment of Dates Regarding Expert Disclosures. (Held, Amy) (Entered: 10/12/2005)

NOTICE of Appearance by Anne Skeels Raish on behalf of Disability Advocates, Inc. (Raish, Anne) (Entered: 10/18/2005)

Letter from Anne S. Raish to Magistrate Judge Go Regarding Discovery. (Raish, Anne) (Entered: 10/21/2005)

ORDER re 79 Letter. The time for defendants to respond to Plaintiff's 10/21/05 letter discovery application is extended to 10/31/05. Ordered by Judge Marilyn D. Go on 10/24/05. (Go, Marilyn)

Letter from Amy M. Held, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding Plaintiff's consent to extension of Defendants' time to respond to Plaintiff's 10/21/05 letter to 10/31/05. (Hathaway, Barbara) (Entered: 10/24/2005)

Letter from Barbara K. Hathaway, Assistant Attorney General, NYS Office of the Attorney General to Hon. Marilyn D. Go, Magistrate Judge, US District Court (EDNY) Regarding Opposition to Motion to Compel. (Hathaway, Barbara) (Entered: 10/31/2005)

ORDER granting 81 Motion for a Two-Day Extension of Time to serve non-party deposition subpoenas. Ordered by JudgeMarilyn D. Go on 11/1/05. (Go, Marilyn)

MOTION for Extension of Time to Complete Discovery by Disability Advocates, Inc.. (Raish, Anne) (Entered: 11/01/2005)