Brito v. Suffolk County Correctional Facility et al

Filing 8

ORDER - Pursuant to the Court's January 23, 2012 Order of Consolidation, the Court has reviewed the instant Complaint and finds that it relates to the subject matter of the Consolidated Action, Butler, et al. v. DeMarco, et al., 11-CV-2602 (JS)( GRB). Accordingly, this action shall be consolidated with the Consolidated Action. This affects Plaintiff in the following ways: (1) Plaintiff in this action shall become member of the certified classes in Butler (11-CV-2602); (2) Any claims in the i nstant Complaint that are not included in the Consolidated Amended Complaint in Butler shall be severed (See Order of Consolidation at 17 describing the process for proceeding with any severed claims after the resolution of the Consolidated Action); and (3) Plaintiff, as a member of the class, shall be represented by pro bono counsel, Shearman & Sterling LLP. A copy of the Order of Consolidation and the operative complaint in Butler-the Consolidated Amended Complaint-are annexed to this Order. T he Clerk of the Court is directed to mail a copy of this Order, the Order of Consolidation, and the Consolidated Amended Complaint to the pro se Plaintiff at his last known address. So Ordered by Judge Joanna Seybert on 6/3/2013. Attachments: # 1 Consolidation Order; # 2 Consolidated Amended Complaint. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-------------------------------X
FIDEL CASTRO BRITO,
Plaintiff,

ORDER
13-CV-0316 (JS)(GRB)

-againstSUFFOLK COUNTY CORRECTIONAL
FACILITY, SHERIFF VINCENT F.
DeMARCO and S.C.C.F. MEDICAL
STAFF,
Defendants.
-------------------------------X
SEYBERT, District Judge:
Pursuant

to

the

Court’s

January

23,

2012

Order

of

Consolidation, the Court has reviewed the instant Complaint and
finds that it relates to the subject matter of the Consolidated
Action, Butler, et al. v. DeMarco, et al., 11-CV-2602 (JS)(GRB).
Accordingly,

this

action

shall

be

consolidated

with

the

Consolidated Action. This affects Plaintiff in the following ways:
1.

1

Plaintiff in this action shall become member of the
certified classes in Butler (11-CV-2602);1

The classes are defined as follows:

an Injunctive Class comprised of all persons who, now or at
any time in the future, are or will be detainees or prisoners
in the custody of the Suffolk County Sheriff’s Department and
housed in the SCCF, with separate subclasses for those persons
detained in Riverhead and Yaphank; and
a Damages Class comprised of all persons who are or were
detainees or prisoners in the custody of the Suffolk County
Sheriff’s Department and housed in the SCCF and who were or
will be released from the SCCF on or after April 5, 2009, with
separate subclasses for those persons detained in Riverhead
and Yaphank.

2.

Any claims in the instant Complaint that are not included
in the Consolidated Amended Complaint in Butler shall be
severed (See Order of Consolidation at 17 (describing the
process for proceeding with any severed claims after the
resolution of the Consolidated Action)); and

3.

Plaintiff, as a member of the class, shall be represented
by pro bono counsel, Shearman & Sterling LLP.2

A copy of the Order of Consolidation and the operative complaint in
Butler–-the Consolidated Amended Complaint–-are annexed to this
Order.
If Plaintiff does not wish to proceed as a member of the
Consolidated Action he must so indicate in a letter to the Court
within thirty (30) days of receiving a copy of this Order.

Upon

receipt of such a letter, the Court will direct the Clerk of the
Court

to

sever

this

Complaint

from

the

Consolidated

Amended

Complaint and reopen and reinstate his individual pro se action.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3)
that any appeal from this Order would not be taken in good faith
and therefore in forma pauperis status is denied for the purpose of
any appeal.

See Coppedge v. United States, 369 U.S. 438, 444-45,

82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
The Clerk of the Court is directed to mail a copy of this
2

Counsel’s mailing address is:
Lynch v. DeMarco Case Team
c/o Shearman & Sterling LLP
599 Lexington Avenue
New York, NY 10022

Counsel’s telephone number is: [phone].
2

Order, the Order of Consolidation, and the Consolidated Amended
Complaint to the pro se Plaintiff at his last known address.
SO ORDERED.
/s/ JOANNA SEYBERT
JOANNA SEYBERT, U.S.D.J.
Dated:

June 3, 2013
Central Islip, New York

3