Milburn v. Dogin et al

Filing 826

ORDER TO PRODUCE: NOW THEREFORE, IT IS ORDERED that the SUPERINTENDENT OF GREEN HAVEN CORRECTIONAL FACILITY produce the Class Members on January 31, 2024, at 2:30pm until the testimony of each is complete and/or the day's proceedings have ended ; and IT IS FURTHER ORDERED that Co-Class Counsel Joshua Morrison shall be allowed to meet with any of the Class Members as necessary commencing at 1:00pm on January 31, 2024, and shall be allowed to be present in the video room when each Class Membe r testifies; and IT IS FURTHER ORDERED that if any Class Member has a pre-scheduled medical appointment that he wishes to attend he can refuse attendance at the Fairness Hearing or refuse attendance at the medical appointment according to his wishes; and IT IS FURTHER ORDERED that the Class Members must be allowed to participate in the video proceeding in a privileged and confidential manner; DOCCS personnel must allow each Class Member to bring any legal papers he feels necessary; and each shall be allowed to testify without the presence of any DOCCS personnel in the room, unless bona fide safety and security issues necessitate the presence of a member of DOCCS' staff. (Signed by Judge Loretta A. Preska on 1/24/2024) (tg)

Case 1:79-cv-05077-LAP Document 825-1 Filed 01/24/24 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
__________________________________________
ORDER TO PRODUCE

PABLO BERIQUETE, et al.
Plaintiffs,
-vs.-

79-cv-5077 (LAP)
ECF

DANIEL F. MARTUCELLO, III, et al.
Defendants.
__________________________________________
TO:

Mark Miller, Superintendent
Green Haven Correctional Facility
594 NY-216
Stormville, New York 12582

WHEREAS the following prisoners are class members in the instant litigation and wish
to address the Court via video conference during the Fairness Hearing scheduled for
January 31, 2024 at 2:30pm:
Alty Adamson DIN #11A5221;
Edward Dawkins DIN # 17A1944;
Donald Glass DIN # 15A0494;
Milan Heggs DIN # 18A4126;
Melvin Herring DIN # 18A1772;
Anthony Horton DIN # 06A5568
Alonzo Jacobs DIN # 09A3974;
Paul Kairis DIN # 01B2421;
Lawrence Lewis DIN # 98A3556;
Teddy Lewis DIN # 04A2494;
Thomas Murphy DIN # 20A1538;
John Perez DIN # 99A1131;
David Rhodes DIN # 07A3657;
Felipe Rivera-Cruz DIN # 13A0542;
James Ross DIN # 04A6825;
Charles Russo DIN # 94A3294;
Luis Torres DIN # 13A0386;
Cyril Winebrenner DIN # 05B1092 (hereinafter “Class Members”); and
WHEREAS the Class Members are currently in custody at Green Haven Correctional
Facility in Stormville, New York; and

Case 1:79-cv-05077-LAP Document 825-1 Filed 01/24/24 Page 2 of 2

NOW THEREFORE, IT IS ORDERED that the SUPERINTENDENT OF GREEN
HAVEN CORRECTIONAL FACILITY produce the Class Members on January 31,
2024, at 2:30pm until the testimony of each is complete and/or the day’s proceedings
have ended; and
IT IS FURTHER ORDERED that Co-Class Counsel Joshua Morrison shall be allowed
to meet with any of the Class Members as necessary commencing at 1:00pm on January
31, 2024, and shall be allowed to be present in the video room when each Class Member
testifies; and
IT IS FURTHER ORDERED that if any Class Member has a pre-scheduled medical
appointment that he wishes to attend he can refuse attendance at the Fairness Hearing or
refuse attendance at the medical appointment according to his wishes; and
IT IS FURTHER ORDERED that the Class Members must be allowed to participate in
the video proceeding in a privileged and confidential manner; DOCCS personnel must
allow each Class Member to bring any legal papers he feels necessary; and each shall be
allowed to testify without the presence of any DOCCS’ personnel in the room, unless
bona fide safety and security issues necessitate the presence of a member of DOCCS’
staff.
Dated: January 24 , 2024

So ordered: _______________________________
LORETTA A. PRESKA, U.S.D.J.