Lindsey v. Butler et al

Filing 212

ORDER: Please be advised that, based on a new safety protocol that was recently implemented, no one may unmask in the courtroom-even in the HEPA-filter-outfitted witness and attorney boxes-unless they have tested negative for COVID-19 using an approv ed molecular diagnostic test. (Antigen tests are not approved.) If a person will be removing his or her mask on successive days, the person may test on an every-other-day schedule; otherwise, the speaker must test negative on the day of his or her appearance. If a speaker has had a confirmed case of COVID-19 (verified by either a doctor's note or a viral test result) within the prior ninety days, he or she will be exempted from these testing requirements. Confirmation of negative test r esults (or of a prior case of COVID-19) must be provided to the Court through its staff. To be clear: This new policy will be in effect when trial begins on Monday and applies to all witnesses and counsel who intend to speak without a mask. Moreover , counsel should make adequate preparations to comply with these requirements before trial starts. The Court will not delay the start of the proceedings on account of this new policy. And as set forth herein. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/26/2022) (ama)

Case 1:11-cv-09102-ER Document 212 Filed 01/26/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ANTHONY LINDSEY,
Plaintiff,
11 Civ. 9102 (ER)
-againstORDER
DETECTIVE SEAN BUTLER and DETECTIVE
RICHARD WERNER,
Defendants.

Ramos, D.J.:
Please be advised that, based on a new safety protocol that was recently implemented, no
one may unmask in the courtroom—even in the HEPA-filter-outfitted witness and attorney
boxes—unless they have tested negative for COVID-19 using an approved molecular diagnostic
test. (Antigen tests are not approved.) If a person will be removing his or her mask on
successive days, the person may test on an every-other-day schedule; otherwise, the speaker
must test negative on the day of his or her appearance. If a speaker has had a confirmed case of
COVID-19 (verified by either a doctor’s note or a viral test result) within the prior ninety days,
he or she will be exempted from these testing requirements. Confirmation of negative test results
(or of a prior case of COVID-19) must be provided to the Court through its staff.
To be clear: This new policy will be in effect when trial begins on Monday and
applies to all witnesses and counsel who intend to speak without a mask. Moreover,
counsel should make adequate preparations to comply with these requirements before trial
starts. The Court will not delay the start of the proceedings on account of this new policy.
The following is a list of the tests that are approved:

Case 1:11-cv-09102-ER Document 212 Filed 01/26/22 Page 2 of 2

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•
•
•
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PCR / RT-PCR / ddPCR / Rapid PCR (Polymerase Chain Reaction)
NAA / NAAT (Nucleic Acid Amplification)
AMP PRB (Amplified Probe)
LAMP (Loop-mediated Isothermal Amplification)
Accepted molecular diagnostic test brands, including but not limited to:
o Abbott ID NOW
o Quidel Lyra PCR
o Abbott Realtime PCR
o Cobas Qualitative PCR
o FTD PCR o Xpert Xpress
o Simplexa Direct PCR
o RUCDR Infinite Biologics
o Lucira Health

The following are tests that are NOT approved:
•
•
•
•
•
•
•
•

All tests that do not have FDA authorization or approval
All Antigen (Ag) tests (including but not limited to Quidel Sophia, Abbott
BinaxNOW and Rapid Antigen Tests)
All Antibody tests (such as IgG, IgA, IgM and Rapid Antibody Tests)
All blood tests (such as fingerstick, venipuncture)
All plasma tests
All serum tests
All lateral flow tests
Any doctor’s note

If counsel have any questions or need assistance (either procuring an approved test or
arranging for a location within the courthouse to perform a test), they should email
[e-mail]. If needed, the Court has tests that can be made available to
the parties free-of-charge and that can be taken one hour prior to the scheduled appearance time,
provided that there is 24-hours’ notice sent to the Covid Response email.
SO ORDERED.
Dated:

January 26, 2022
New York, New York
Edgardo Ramos, U.S.D.J.

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