Williamson et al v. Maciol et al
ORDER granting 100 Preliminary Approval of Class Action Settlement. The Final Approval Hearing is set for October 21, 2022 at 12:00 p.m. in Albany before Judge D'Agostino. All pretrial proceedings in this action are stayed and suspended until further order of this Court, except such actions as may be necessary to implement the Settlement Agreement, this Preliminary Approval Order, and final approval of the Settlement Agreement and class certification. Signed by U.S. District Judge Mae A. D'Agostino on 8/2/22. (ban)
Case 9:20-cv-00537-MAD-DJS Document 101 Filed 08/02/22 Page 1 of 3
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
SARAH BARRETT, on behalf of herself and all
others similarly situated,
ROBERT MACIOL, Oneida County Sheriff, and
LISA ZUREK, Chief Deputy Oneida County Jail,
LEGAL SERVICES OF CENTRAL
NEW YORK - SYRACUSE
221 South Warren Street, Suite 300
Syracuse, New York 13202
Attorneys for Plaintiffs
JOSHUA T. COTTER, ESQ.
SAMUEL C. YOUNG, ESQ.
MAURIE G. HEINS, ESQ.
LEGAL SERVICES OF CENTRAL
NEW YORK, INC. - UTICA
120 Bleecker Street, 2nd Floor
Utica, New York 13501
Attorneys for Plaintiffs
SARA ADAMS, ESQ.
KENNEY SHELTON LIPTAK
4615 North Street
Jamesville, New York 13078
Attorneys for Defendants
DAVID H. WALSH, IV, ESQ.
DANIEL CARTWRIGHT, ESQ.
Mae A. D'Agostino, U.S. District Judge:
The Court, having the parties' Joint Motion for Preliminary Approval of Class Action
Settlement and the proposed Settlement Agreement, Dkt. No. 100, (the "Settlement Agreement"),
rules as follows:
Case 9:20-cv-00537-MAD-DJS Document 101 Filed 08/02/22 Page 2 of 3
Defined terms in this Order shall have the same meaning given such terms in the
The Court finds that the form, substance, and requirements of the Notice to the
Class of the Settlement Agreement, attached as Exhibit A to the Declaration of Joshua Cotter,
Dkt. No. 100-1, and the distribution of the Notice, in the manner and form set forth below, is the
best notice practicable under the circumstances; constitutes notice that is reasonably calculated,
under the circumstances, to apprise the members of the class of the proposed settlement
agreement and their rights to object to any aspect of the proposed settlement agreement;
constitutes due, adequate, and sufficient notice to all persons entitled to receive notice of the
proposed settlement agreement; and complies with the requirements of Rule 23 of the Federal
Rules of Civil Procedure.
Within ten days of the date this Order is entered, the Defendants shall distribute the
Notice by the following means:
Posting copies of the Notice in prominent and visible locations accessible
to all Plaintiffs housed at the Oneida County Correctional Facility, ensuring
that the Notice remains posted during the entire comment period;
Delivering a copy of the notice to every Plaintiff housed at the Oneida
County Correctional Facility during the notice period;
Defendants shall maintain two copies of the proposed settlement agreement for
review by Plaintiffs in any unit where they are housed.
Within three days of the distribution of Notice, the Defendants shall file and serve
a declaration affirming that the notice was distributed and the proposed Settlement Agreement
was made available as required in ¶¶ 3-4.
Case 9:20-cv-00537-MAD-DJS Document 101 Filed 08/02/22 Page 3 of 3
The Court has reviewed the proposed Settlement Agreement and finds that the
settlement memorialized therein falls within the range of reasonableness and potential for final
approval, thereby meeting the requirements for preliminary approval, and that the Notice should
go out to the Plaintiffs Class. The settlement appears to be reasonable in light of the risk inherent
in continuing with litigation. The Court further notes that the settlement was arrived at after an
arm's length negotiation involving experienced counsel and with the assistance of a mediator.
For the purposes stated and defined in the Settlement Agreement, the Court hereby
sets the following dates and deadlines:
Notice Program Complete (including
Initial Mailed Notice and the Notice ReMailing Process)
Motion for Final Approval, Application
for Attorneys' Fees, Expenses and
Costs, and for a Service Award
Last Day to Object
Ten Days After This Order Is Entered
Forty-Five Days Before Final Approval
Thirty Days Before Final Approval
Fifteen Days Before Final Approval
Friday, October 21, 2022 at 12:00 p.m. in
ALBANY (Courtroom No. 5) before
Judge Mae A. D’Agostino
Last Day to Respond to Objections
Final Approval Hearing
All pretrial proceedings in this action are stayed and suspended until further order
of this Court, except such actions as may be necessary to implement the Settlement Agreement,
this Preliminary Approval Order, and final approval of the Settlement Agreement and class
Good cause appearing therefore, IT IS SO ORDERED.
Dated: August 2, 2022
Albany, New York
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