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18-797 - Miller v. Suffolk County Correctional Facilities


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18-797 - Miller v. Suffolk County Correctional Facilities
February 23, 2018
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ORDER granting 9 Motion to Consolidate Cases; The Court hereby ORDERS that the fifty-nine (59) above- captioned actions be consolidated for all purposes, to proceed under the lead case 11cv2602. The Clerk of the Court is directed to (i) consolidate these actions, and (ii) mark all of the member cases closed. All future filings are to be docketed in the lead case, 11cv2602. Shearman & Sterling LLP's appointment as pro bono counsel to the Plaintiffs in 11cv2602 is extended to all Plaintiffs in the Consolidated Action. Shearman & Sterling LLP is directed to file a Consolidated Amended Complaint on behalf of the Consolidated Plaintiffs by March 5, 2012. Once filed, the Consolidated Amended Complaint will supercede each of the individual complaints, rendering them of no legal effect, and will be the operative complaint upon which the Consolidated Action will proceed. Upon receipt of the Consolidated Amended Complaint, the Clerk of the Court is directed to terminate all pending in forma pauperis motions filed on the above cases. Any future actions commenced pro se by any of the Consolidated Plaintiffs shall be randomly assigned or, if one of the Consolidated Plaintiffs has previously filed a pro se complaint unrelated to the Consolidated Action, his action shall be automatically assigned to the district judge who presided over the earlier-filed action. When a pro se action which relates to the subject matter of the Consolidated Action is hereafter filed in the Court, the Clerk of the Court shall: (1) Assign each subsequently filed action a new case number to proceed before the undersigned and Mag. Judge Gary R. Brown; (2) Docket this Order in each Newly-Filed Action; (3) Consolidate each Newly-Filed Action with 11cv2602 and make an appropriate entry on the Consolidated Actions docket so indicating; (4) Mail a copy of the Complaint in each Newly-Filed Action to counsel for the Consolidated Plaintiffs at Lynch v. DeMarco Case Team; (5) Mail a copy of this Order and a copy of the Consolidated Amended Complaint to the Plaintiff in the Newly-Filed Action; and (6) Administratively close each Newly-Filed Action. So Ordered by Judge Joanna Seybert on 1/23/2012. C/M (Valle, Christine)
February 23, 2018
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ORDER - Pursuant to the Court's January 23, 2012 Order of Consolidation, the Court has reviewed the instant Complaint and finds that it relates to the subject matter of the Consolidated Action, Butler, et al. v. DeMarco, et al., 11-CV-2602 (JS)(GRB). Accordingly, this action shall be consolidated with the Consolidated Action. This affects Plaintiff in the following ways: (1) Plaintiff in this action shall become member of the certified classes in Butler (11-CV-2602); (2) Any claims in the instant Complaint that are not included in the Consolidated Amended Complaint in Butler shall be severed (See Order of Consolidation at 17 describing the process for proceeding with any severed claims after the resolution of the Consolidated Action); and (3) Plaintiff, as a member of the class, shall be represented by pro bono counsel, Shearman & Sterling LLP. A copy of the Order of Consolidation and the operative complaint in Butler-the Consolidated Amended Complaint-are annexed to this Order. The Clerk of the Court is directed to CONSOLIDATE this matter with Butler, et. al. v. DeMarco, et. al., No. 11cv2602; to mail a copy of this Order, the Order of Consolidation, and the Consolidated Amended Complaint to the pro se Plaintiff at his last known address; and to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 2/23/2018. Attachments: # (1) Consolidation Order; # (2) Consolidated Amended Complaint. C/M (Valle, Christine)