Lawrence v. DeMarco 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., No. 11-CV-2602 (JS ) (GRB). Accordingly, this action shall be consolidated with the Consolidated Action. Plaintiff in this action shall become member of the certified classes in Butler (11-CV-2602); Any claims in the instant Complaint that are not included in the Conso lidated Amended Complaint in Butler shall be severed; and 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 Consolid ated 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 su ch 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 appe al from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. The Clerk of the Court is directed to mail a copy of this Order, the Order of Consolidation, and the Consolidated Amended Complaint to Plaintiff at his last known address.. Ordered by Judge Joanna Seybert on 10/23/2013. (Attachments: # 1 Order of Consolidation, # 2 Amended Class Action Complaint) (Padilla, Kristin)

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FILED !N CU.:i-•'1-\.,:;) uffl6t: US D'S, * UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK '~i(. .' )URT E.D NY OCT £ 3 2013 * LONG ISLAND OFFICE ------------------------------------X SHAWN E. LAWRENCE, Plaintiff, ORDER 13-CV-4 934 ( JS) (WDW) -againstSHERIFF VINCENT F. DEMARCO, Suffolk County, WARDEN CHARLES EWALD, C.O. CATHERINE LATON, #460, C.O. JOHN DOE, #998, and C.O. JOHN DOE, #158, individually and in their official capacities, Defendants. ------------------------------------X SEYBERT, District Judge: Pursuant Consolidation, to the Court's January 23, 2012 Order of 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 Consolidated Action. 1. 1 action shall be consolidated with the This affects Plaintiff in the following ways: Plaintiff in this action shall become member certified classes in Butler (11-CV-2602); 1 of the 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 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 2 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. 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. receipt of such a letter, Court to sever this Upon the Court will direct the Clerk of the 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. and Yaphank. 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: (212) 2 848-8023. 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 Order, the Order of Consolidation, and the Consolidated Amended Complaint to Plaintiff at his last known address. SO ORDERED. /s/ JOANNA SEYBERT JOANNA SEYBERT, U.S.D.J. Dated: October 23 , 2013 Central Islip, New York 3

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