Benjamin, et al., v. Horn, et al.,

Filing 690

REVISED ORDER RE: TIME TABLE FOR SUBMISSION OF OCC PROGRESS REPORTS granting 689 Letter Motion for Extension of Time to File. It is hereby 1. ORDERED that OCC shall submit a draft of its progress report to counsel in January, May, and Septembe r within 10 business days after the previous monitoring period ends; and it is further 2. ORDERED that counsel for the parties shall provide to OCC their comments on the draft report within 15 business days of receipt of the draft report; and it is further 3. ORDERED that OCC shall incorporate the comments of the parties into its final report and submit it to the Court within 15 business days of receiving comments from the parties. IT IS SO ORDERED. (Signed by Judge Loretta A. Preska on 1/14/2021) (va)

Case 1:75-cv-03073-LAP Document 689-1 Filed 01/14/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------------- x
JAMES BENJAMIN, et al.,
Plaintiffs,
-againstCYNTHIA BRANN, et al.,

REVISED ORDER RE: TIME
TABLE FOR SUBMISSION
OF OCC PROGRESS
REPORTS
75 Civ. 3073 (LAP)

Defendants.
----------------------------------------------------------------------- x
WHEREAS, the late Harold Baer, Jr. issued an order dated April 26, 2001
(“April 26, 2001 Order”) in which the Court found that certain practices concerning
environmental health in various correctional facilities operated by Defendants were
constitutional and others were unconstitutional; and
WHEREAS, the April 26, 2001 Order required the Office of Compliance
Consultants (“OCC”) to monitor the Defendants’ compliance and provide progress reports to the
Court with copies to counsel for the Plaintiffs and the Defendants (the “parties”) on the first
business day of January, May, and September for each year end; and
WHEREAS, the late Harold Baer, Jr. approved OCC’s request to submit such
progress reports on the fifteenth day of January, May, and September of each calendar year;
WHEREAS, it is the practice of OCC to circulate a draft of the report to counsel
for the parties for comments before the final report is submitted to the Court; and
WHEREAS, by order dated September 22, 2015 (ECF No. 628), the Court
granted OCC’s request to amend the deadline to submit its progress reports to chambers until the
last day of January, May, and September of each year; and

Case 1:75-cv-03073-LAP Document 689-1 Filed 01/14/21 Page 2 of 2

WHEREAS, the parties agree that the current deadline of ten business days for
submission of their comments to OCC is unnecessarily compressed and often requires additional
time for a thorough review of the draft report and preparation of comments; it is hereby
1.

ORDERED that OCC shall submit a draft of its progress report to counsel
in January, May, and September within 10 business days after the previous
monitoring period ends; and it is further

2.

ORDERED that counsel for the parties shall provide to OCC their
comments on the draft report within 15 business days of receipt of the
draft report; and it is further

3.

ORDERED that OCC shall incorporate the comments of the parties into
its final report and submit it to the Court within 15 business days of
receiving comments from the parties.

IT IS SO ORDERED

14
January ____, 2021

_____________________
Hon. Loretta A. Preska
U.S.D.J.

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