Case: Disability Rights New York v. Wise

COMPLAINT against Robin Forshaw, Jeff Wise (Filing fee $400 receipt number 0206-3161166) filed by Disability Rights New York. (Attachments: # 1 Civil Cover Sheet)(hmr) (Entered: 01/12/2015)

1 Civil Cover Sheet

View on PACER

Summons Issued as to Robin Forshaw, Jeff Wise. (Attachments: # 1 Summons issued for Robin A. Forshaw)(hmr) (Entered: 01/12/2015)

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/13/2015 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/6/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) (Entered: 01/12/2015)

NOTICE of Appearance by Helena Lynch on behalf of All Defendants (Lynch, Helena) (Entered: 01/21/2015)

SUMMONS Returned Executed by Disability Rights New York. Jeff Wise served on 1/20/2015, answer due 2/10/2015. (Stecker, Andrew) (Entered: 01/22/2015)

SUMMONS Returned Executed by Disability Rights New York. Robin Forshaw served on 1/20/2015, answer due 2/10/2015. (Stecker, Andrew) (Entered: 01/22/2015)

AFFIDAVIT of Service for Summons and Complaint served on New York State Office of the Attorney General on 01/20/2015, filed by Disability Rights New York. (Stecker, Andrew) (Entered: 01/22/2015)

Letter Motion from Helena Lynch for Robin Forshaw, Jeff Wise requesting thirty-day extension of time to respond to Complaint submitted to Judge Christian F. Hummel . (Lynch, Helena) (Entered: 01/23/2015)

TEXT ORDER granting [Docket No 8] Letter Request to extend deadline for Robin Forshaw and Jeff Wise to answer by 3/12/2015. Authorized by Magistrate Judge Christian F. Hummel on 1/26/15. (cjm, ) (Entered: 01/26/2015)

MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 4/16/2015 09:00 AM in Albany before Chief Judge Gary L. Sharpe Response to Motion due by 3/30/2015 Reply to Response to Motion due by 4/6/2015. filed by Robin Forshaw, Jeff Wise. (Attachments: # 1 Memorandum of Law in Support of Defendants' Motion to Dismiss) (Lynch, Helena) (Entered: 03/12/2015)

Letter Motion from Andrew Stecker for Disability Rights New York requesting thirty-day extension of time to respond to Defendants' Motion to dismiss submitted to Judge Hummel . (Stecker, Andrew) (Entered: 03/25/2015)

LETTER/ORDER Setting Hearing on Motion 10 MOTION to Dismiss for Failure to State a Claim : Response to Motion due by 4/29/2015, Reply to Response to Motion due by 5/13/2015, Motion Hearing set for 5/21/2015 at 09:00 AM in Albany before Chief Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed. Signed by Chief Judge Gary L. Sharpe on 3/26/2015. (jel, ) (Entered: 03/26/2015)

CIVIL CASE MANAGEMENT PLAN by Disability Rights New York. (Stecker, Andrew) (Entered: 04/02/2015)

TEXT ORDER: Initial Rule 16 Conference presently scheduled for April 13, 2015 is ADJOURNED until 7/27/2015 at 9:00 AM in Albany before Magistrate Judge Christian F. Hummel in light of the Dispositive Motion pending before Chief Judge Gary L. Sharpe. Counsel may file any Amended Civil Case Management Plan by 7/17/15. Authorized by Magistrate Judge Christian F. Hummel on 4/9/15. (cjm, ) (Entered: 04/09/2015)

NOTICE of Appearance by Michael W. Gadomski on behalf of Disability Rights New York (Gadomski, Michael) (Entered: 04/16/2015)

RESPONSE in Opposition re 10 MOTION to Dismiss for Failure to State a Claim filed by Disability Rights New York. (Attachments: # 1 Affidavit, # 2 Exhibit(s))(Gadomski, Michael) (Entered: 04/29/2015)

REPLY to Response to Motion re 10 MOTION to Dismiss for Failure to State a Claim filed by Robin Forshaw, Jeff Wise. (Lynch, Helena) (Entered: 05/13/2015)

TEXT NOTICE: The Rule 16 Initial Conference scheduled for 7/27/15 at 9:00 AM before Magistrate Judge Christian F. Hummel is ADJOURNED without date pending a decision on the dispositive motion. (tab) (Entered: 07/17/2015)

Letter Motion from Michael W. Gadomski for Disability Rights New York requesting permission to submit supplemental legal briefs on new federal regulations submitted to Judge Gary L. Sharpe . (Gadomski, Michael) (Entered: 08/27/2015)

Order on Letter Request

RESPONSE TO LETTER BRIEF filed by Robin Forshaw, Jeff Wise as to 19 Letter Request/Motion filed by Disability Rights New York . (Lynch, Helena) (Entered: 08/31/2015)

TEXT ONLY ORDER - Pending is plaintiff's request to file supplemental briefing. (Dkt. No. 19.) The request is granted. A supplemental memorandum, which addresses only the new/repackaged regulations, shall not exceed five (5) pages and is due by Tuesday, September 8. Defendants may respond, similarly limited to addressing only those issues raised by plaintiff and not to exceed five (5) pages, within one week of the filing of plaintiff's memorandum. No reply is permitted. IT IS SO ORDERED. Issued by Judge Gary L. Sharpe on 8/31/2015. (jel, ) (Entered: 08/31/2015)

LETTER BRIEF by Disability Rights New York. (Gadomski, Michael) (Entered: 09/08/2015)

RESPONSE TO LETTER BRIEF filed by Robin Forshaw, Jeff Wise as to 22 LETTER BRIEF filed by Disability Rights New York . (Lynch, Helena) (Entered: 09/14/2015)

MEMORANDUM-DECISION and ORDER - That defendants' 10 Motion to Dismiss for Failure to State a Claim is DENIED. That defendants file an appropriate responsive pleadings within the time allotted by the rules. Signed by Senior Judge Gary L. Sharpe on 3/18/2016. (jel, ) (Entered: 03/18/2016)

ANSWER to 1 Complaint by Robin Forshaw.(Lynch, Helena) (Entered: 04/01/2016)

NOTICE OF COURT CONFERENCE: The Rule 16, Initial Conference has been set for Thursday, 5/12/2016 @ 9:30 AM in Albany before Magistrate Judge Christian F. Hummel. Reset Deadlines: A revised Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/5/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (tab) (Entered: 04/06/2016)

CIVIL CASE MANAGEMENT PLAN Revised by Robin Forshaw, Jeff Wise. (Lynch, Helena) (Entered: 05/05/2016)

Order Removing Case from ADR

TEXT ORDER Removing Case from ADR Program: The Court held a Rule 16 Initial Conference with the parties on 5/12/2016. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 5/12/16. (tab) (Entered: 05/12/2016)

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 2 days (non-jury). Preferred Trial Location: Albany, NY. Joinder of Parties due by 5/31/2016. Amended Pleadings due by 5/31/2016. Discovery due by 6/15/2016. Motions to be filed by 7/29/2016. Signed by Magistrate Judge Christian F. Hummel on 5/12/16. (tab) (Entered: 05/12/2016)

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 5/12/2016. Appearances By Jennifer Monthie, Esq. and Andrew Stecker, Esq. for plaintiffs, Helena Lynch, AAG for Defendants. Pretrial deadlines set. Order to issue. (tab)

NOTICE of Appearance by Jennifer J. Monthie on behalf of Disability Rights New York (Monthie, Jennifer) (Entered: 05/13/2016)

MOTION for Summary Judgment Motion Hearing set for 9/1/2016 10:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 8/15/2016 Reply to Response to Motion due by 8/22/2016. filed by Disability Rights New York. (Attachments: # 1 Memorandum of Law, # 2 Statement of Material Facts, # 3 Stipulation of Undisputed Facts, # 4 Declaration, # 5 Declaration, # 6 Exhibit(s), # 7 Declaration, # 8 Exhibit(s)) (Gadomski, Michael) (Entered: 07/29/2016)

Order on Letter Request

Letter Motion from Helena Lynch for Robin Forshaw requesting an extension on the remaining deadlines for briefing on Plaintiff's motion for summary judgment submitted to Judge Christian F. Hummel . (Lynch, Helena) (Entered: 08/02/2016)

TEXT ORDER granting 32 Letter Request to extend briefing deadlines, 31 MOTION for Summary Judgment : Motion Hearing set for 10/6/2016 @ 10:00 AM in Albany before Senior Judge Gary L. Sharpe; Response to Motion now due by 8/31/2016 and Reply to Response to Motion now due by 9/15/2016. Authorized by Magistrate Judge Christian F. Hummel on 8/2/2016. (tab) Modified on 8/2/2016 to correct a clerical error(tab). (Entered: 08/02/2016)

Set/Reset Deadlines as to 31 MOTION for Summary Judgment . Response to Motion due by 8/31/2016 Reply to Response to Motion due by 9/15/2016. Motion Hearing set for 10/6/2016 10:00 AM in Albany before Senior Judge Gary L. Sharpe (tab)

SEALED MOTION to Seal Exhibit A to Declaration of Stefen Short filed by Disability Rights New York. (ban) (Additional attachment(s) added on 8/3/2016: # 1 Exhibit(s) A (SEALED)) (ban, ). (Entered: 08/03/2016)

ORDER granting 34 Motion to Seal Exhibit A to Declaration of Stefen Short: It is hereby ORDERED that the Motion to Seal Exhibit A is GRANTED. It is further ORDERED that the Motion to Seal 34 and 36 Exhibit A, are hereby SEALED. Signed by Senior U.S. District Judge Gary L. Sharpe on 8/3/2016. (ban) Modified on 8/3/2016 (ban). (Entered: 08/03/2016)

SEALED EXHIBIT A to 31 Motion for Summary Judgment/Declaration of Stefen Short by Disability Rights New York.(ban) (ban, ). (Entered: 08/03/2016)

Letter Motion from Helena Lynch for Robin Forshaw requesting A second extension of Defendant's deadline for her response to Plaintiff's Motion for summary judgment and of Plaintiff's reply deadline submitted to Judge Christian F. Hummel . (Lynch, Helena) (Entered: 08/22/2016)

LETTER/ORDER - The defendants' request for an extension of the motion response deadlines, (Dkt. No. 37), is GRANTED. Response papers are to be filed on or before September 14, 2016. Reply papers are to be filed on or before September 28, 2016. Motion hearing has been rescheduled for October 6, 2016 at 9:00 a.m. on SUBMIT before Senior District Judge Gary L. Sharpe. IT IS SO ORDERED. Signed by Senior Judge Gary L. Sharpe on 8/24/2016. (jel, ) (Entered: 08/24/2016)

RESPONSE to Motion re 31 MOTION for Summary Judgment and Cross-Motion for Summary Judgment filed by Robin Forshaw. (Attachments: # 1 Memorandum of Law in Opp. to Plaintiff's Motion for Summary Judgment and in Support of Defendant's Cross-Motion, # 2 Statement of Material Facts, # 3 Statement of Material Facts Stipulation of Undisputed Facts, # 4 Affirmation of Robin A. Forshaw, # 5 Declaration of Helena Lynch, # 6 Exhibit(s) 1)(Lynch, Helena) (Entered: 09/14/2016)

REPLY to Response to Motion re 31 MOTION for Summary Judgment filed by Disability Rights New York. (Attachments: # 1 Statement of Material Facts Response to Statement of Additional Material Facts)(Stecker, Andrew) (Entered: 09/27/2016)

NOTICE by Disability Rights New York of change of counsel (Stecker, Andrew) (Entered: 11/09/2017)

TEXT ONLY ORDER - For the reasons stated by Disability Rights New York (DRNY), (Dkt. No. 31, Attach. 1; Dkt. No. 40), and the legal conclusions made by the court in its prior decision, (Dkt. No. 24), DRNY is entitled to summary judgment on all claims. Specifically, the New York State Justice Center for the Protection of People with Special Needs (Justice Center) violated the Developmental Disabilities Assistance and Bill of Rights Act of 2000 and the Protection and Advocacy for Individuals with Mental Illness Act of 1986 by redacting information from records provided to DRNY, (Dkt. No. 31, Attach. 1 at 8-9; Dkt. No. 40 at 5; Dkt. No. 24 at 12-13, 16-17), withholding records relied upon in conducting investigations, (Dkt. No. 31, Attach. 1 at 9-11; Dkt. No. 40 at 2-4; Dkt. No. 24 at 13, 18-20), and failing to timely comply with disclosure obligations, (Dkt. No. 31, Attach. 1 at 11-12; Dkt. No. 24 at 9). Additionally, because the Justice Center's conduct deprived DRNY of its federal right to promptly access unredacted records in order to pursue its mandate, (Dkt. No. 24 at 20), DRNY is entitled to summary judgment on its 42 U.S.C ยง 1983 claim, (Dkt. No. 31, Attach. 1 at 12-13). Accordingly, DRNY's motion, (Dkt. No. 31), is GRANTED and defendants- cross-motion, (Dkt. No. 39), is DENIED. DRNY proposed language for a permanent injunction, (Dkt. No. 31, Attach. 1 at 17), which defendants did not respond to. As such, the parties are encouraged to submit a joint stipulation regarding the specific text to be included in the court's declaration of relief and permanent injunction. If the parties cannot agree on the text of such relief, DRNY is directed to brief the issue in no more than three pages on or before March 9, 2018. Defendants will then have seven days to submit a response of not more than three pages, if they so choose. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 2/28/2018. (jel, ) (Entered: 02/28/2018)

Order on Motion for Summary Judgment

Letter Motion from Michael W. Gadomski, for Plaintiff for Disability Rights New York requesting Extension of briefing schedule submitted to Judge Gary L. Sharpe . (Gadomski, Michael) (Entered: 03/07/2018)

Order on Letter Request

Text Only Order - Plaintiff's request for an extension of the briefing schedule, (Dkt. No. 43), is GRANTED. The joint stipulation regarding the specific text to be included in the court's declaration of relief and permanent injunction shall be filed on or before March 15, 2018. If not, plaintiff's brief is to be filed on or before March 16, 2018 not to exceed three pages in length. Defendants' response brief is to be filed on or before March 23, 2018 not to exceed three pages in length. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 3/8/2018. (jel, ) (Entered: 03/08/2018)

LETTER BRIEF for Declaration of Relief and Permanent Injunction by Disability Rights New York. (Attachments: # 1 Proposed Order/Judgment Exhibit 1)(Gadomski, Michael) (Entered: 03/16/2018)

LETTER BRIEF regarding proposed text for Court's order directing declaratory and injunctive relief by Robin Forshaw. (Attachments: # 1 Exhibit(s) 1 - Proposed Order)(Lynch, Helena) (Entered: 03/21/2018)

NOTICE of Appearance by Brandy L. L. Tomlinson on behalf of Disability Rights New York (Tomlinson, Brandy) (Entered: 03/27/2018)

ORDER - Defendants are permanently enjoined from: (1) redacting any information from any record provided to DRNY and (2) withholding any relevant records reviewed or relied upon in conducting its investigations, regardless of whether such investigations are ongoing or have resulted in a finalized report.Additionally, DRNY will maintain the confidentiality of all records pursuant to 45 C.F.R. ยง 1326.28 and 42 C.F.R. ยง 51.45. Signed by Senior Judge Gary L. Sharpe on 4/17/2018. (jel, ) (Entered: 04/17/2018)

JUDGMENT in favor of Disability Rights New York against Jeff Wise, Robin Forshaw. (jel, ) (Entered: 04/17/2018)

MOTION for Attorney Fees Litigation Expenses, and Costs Motion Hearing set for 6/7/2018 09:00 AM in Albany before Senior Judge Gary L. Sharpe Response to Motion due by 5/21/2018 filed by Disability Rights New York. (Attachments: # 1 Memorandum of Law, # 2 Affidavit, # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s)) (Gadomski, Michael) (Entered: 04/27/2018)

RESPONSE in Opposition re 50 MOTION for Attorney Fees Litigation Expenses, and Costs insofar as the fees exceed what is reasonable filed by Robin Forshaw. (Lynch, Helena) (Entered: 05/21/2018)

Letter Motion from Plaintiff for Disability Rights New York requesting Leave to Submit a Reply Brief for Plaintiff's Motion Seeking an Award of Attorneys' Fees submitted to Judge Gary L. Sharpe . (Gadomski, Michael) (Entered: 05/22/2018)

TEXT ONLY NOTICE of Hearing on Motion 50 MOTION for Attorney Fees Litigation Expenses, and Costs : Motion Hearing set for 6/7/2018 at 09:00 AM in Albany before Senior Judge Gary L. Sharpe will be on SUBMIT only. No personal appearances are needed. (jel, )

SUMMARY ORDER - That DRNY's 52 letter motion seeking permission to file a reply is DENIED. That DRNY's 50 motion for attorney fees and costs is GRANTED and $76,761.87 in fees and costs is imposed as against defendants. Signed by Senior Judge Gary L. Sharpe on 6/22/2018. (jel, )

JUDGMENT on Attorney Fees in favor of Disability Rights New York against Jeff Wise, Robin Forshaw. (jel, ) (Entered: 06/22/2018)