Nunez v. N.Y.C. Department of Correction et al

Filing 482

ORDER: For the reasons stated on the record at the November 17, 2022, status conference held in this action, the Court hereby concludes: The application made by counsel for the Plaintiff class to commence motion practice for a contempl ated Motion for Contempt and Appointment of a Receiver is denied without prejudice to renewal following the issuance of updated reporting. The Monitoring Team's application to modify the reporting schedule set forth in Section G, paragr aphs 2(iii) and (iv), paragraph 5(ii)(2), and paragraph 6 of the Action Plan (docket entry no. 495) is granted. The Monitoring Team shall submit status reports on March 31, 2023, and June 9, 2023. The Monitoring Team shall file additional special reports if necessary, including if exigent circumstances arise. The City and Department shall produce a confidential one-time supplement to the Compliance Report (see docket entry no.249 ("Consent Judgment"), Section XIX) containing t he data required by Section G, paragraph 4(b) of the Action Plan and other information agreed upon by the parties (see docket entry no. 475, page 6) by February 13, 2023. Defendants shall file a revised and further fleshed-out proposed stipulati on authorizing the selection of wardens or facility managers from outside of the current uniformed ranks, together with proposed factual findings and legal conclusions pursuant to 18 U.S.C. 3626(a)(1)(A) and (B) and supporting declarations by November 30, 2022. The Monitoring Team shall file its declaration regarding the proposed stipulation by November 30, 2022. Counsel for Defendants and the Plaintiff class shall meet and confer by December 2, 2022, regarding issues with intake pr ocessing times, and file a joint submission with the Court by December 9, 2022, setting forth the parties' positions and proposed next steps, including any applications for proposed motion practice and associated timelines. An in-person st atus conference will be held April 27, 2023, at 2:00 p.m. to discuss the March 31, 2023 status report submitted by the Monitoring Team, Defendants' progress in achieving the reforms set forth in the Action Plan, and the parties' positi ons on whether alternative or additional remedial relief is warranted. SO ORDERED. ( Status Conference set for 4/27/2023 at 2:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 11/21/2022) (vfr)

Case 1:11-cv-05845-LTS-JCF Document 482 Filed 11/21/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------------- X
:
NUNEZ, et al.
:
:
Plaintiffs,
:
:
-v:
:
CITY OF NEW YORK, et al.,
:
:
Defendants.
X

11-CV-5845 (LTS)

---------------------------------------------------------------------ORDER
For the reasons stated on the record at the November 17, 2022, status conference
held in this action, the Court hereby concludes:

NUNEZ - ORDER

•

The application made by counsel for the Plaintiff class to commence motion
practice for a contemplated Motion for Contempt and Appointment of a
Receiver is denied without prejudice to renewal following the issuance of
updated reporting.

•

The Monitoring Team’s application to modify the reporting schedule set forth
in Section G, paragraphs 2(iii) and (iv), paragraph 5(ii)(2), and paragraph 6 of
the Action Plan (docket entry no. 495) is granted. The Monitoring Team shall
submit status reports on March 31, 2023, and June 9, 2023. The Monitoring
Team shall file additional special reports if necessary, including if exigent
circumstances arise.

•

The City and Department shall produce a confidential one-time supplement to
the Compliance Report (see docket entry no.249 (“Consent Judgment”),
Section XIX) containing the data required by Section G, paragraph 4(b) of the
Action Plan and other information agreed upon by the parties (see docket
entry no. 475, page 6) by February 13, 2023.

•

Defendants shall file a revised and further fleshed-out proposed stipulation
authorizing the selection of wardens or facility managers from outside of the
current uniformed ranks, together with proposed factual findings and legal
conclusions pursuant to 18 U.S.C. 3626(a)(1)(A) and (B) and supporting

VERSION NOVEMBER 21, 2022

1

Case 1:11-cv-05845-LTS-JCF Document 482 Filed 11/21/22 Page 2 of 2

declarations by November 30, 2022. The Monitoring Team shall file its
declaration regarding the proposed stipulation by November 30, 2022.
•

Counsel for Defendants and the Plaintiff class shall meet and confer by
December 2, 2022, regarding issues with intake processing times, and file a
joint submission with the Court by December 9, 2022, setting forth the
parties’ positions and proposed next steps, including any applications for
proposed motion practice and associated timelines.

•

An in-person status conference will be held April 27, 2023, at 2:00 p.m. to
discuss the March 31, 2023 status report submitted by the Monitoring Team,
Defendants’ progress in achieving the reforms set forth in the Action Plan,
and the parties’ positions on whether alternative or additional remedial relief
is warranted.

SO ORDERED.

Dated: November 21, 2022
New York New York

NUNEZ - ORDER

__/s/ Laura Taylor Swain____
LAURA TAYLOR SWAIN
Chief United States District Judge

VERSION NOVEMBER 21, 2022

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