MATHIS v. BESS

No. 85 Civ. 4426 (RPP).

763 F.Supp. 58 (1991)

Homer Aki MATHIS on behalf of himself and on behalf of all others similarly situated, Plaintiff, v. Thomas J. BESS, as Supervising Court Stenographer, Criminal Court, New York City, Harold J. Reynolds, as Clerk of the Appellate Division of the First Judicial Department of New York; Phillip L. Weinstein, as Attorney-in-Charge, the Criminal Appeals Bureau of the Legal Aid Society of New York; Geoffrey Q. Ralls, as Administrator of the Assigned Counsel Plan; Thomas Coughlin, III as Commissioner of the New York State Department of Correctional Services; Albert M. Rosenblatt, as the Chief Administrative Judge of the State of New York; Donald Oshinsky; Linda Pazzani; Anna L. Bolgier; Joel Machlis; Rose Dunn; Anthony Moscato; Sanford Aranow; Michael Frankel; Peter F. Anderson; and Ruben S. Schofield, Defendants.

United States District Court, S.D. New York.

May 14, 1991.


Attorney(s) appearing for the Case

Davis Polk & Wardwell, New York City (Charles E.F. Millard, Jr., Steven J. Pappas, Rita M. Constabile, Ogden N. Lewis, of counsel), for plaintiffs.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City by Harvey Golubock, for defendants.


OPINION AND ORDER

ROBERT P. PATTERSON, JR., District Judge.

Defendants have moved pursuant to Rule 3(j) of the Local Civil Rules for the United States District Courts for the Southern and Eastern Districts of New York for reargument of the Court's Opinion and Order of March 28, 1991 on two grounds: (1) that the Court failed to address the qualified immunity defense of the individual stenographers and (2) that Shamel Atkins, joined as a plaintiff sua sponte...

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