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)
FILED
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US D'S,
*
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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)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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