Case Information
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and for the reasons set forth on the record on June 24, 2024, UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
M.G., et al. ,
Plaintiffs, - against - No. 19-CV-639 (CS-AEK) ANDREW CUOMO, et al .,
Defendants. [PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’
MOTION FOR CLASS CERTIFICATION
Upon consideration of Plaintiffs’ Motion for Class Certification, the responses thereto and
for other good cause known to the Court,
NOW, THEREFORE, IT IS HEREBY ORDERED as follows: Plaintiffs’ Motion as to the General Class and the RTF Subclass is GRANTED.
The Court finds that the Class and Subclass certified herein satisfy the requirements of Rules 23(a)
and (b)(2), in that: (i) the members of the Class and Subclass are so numerous that joinder of all
members thereof is impracticable; (ii) there are questions of law or fact common to the Class and
Subclass; (iii) the claims of the Class and Subclass Representatives are typical of the claims of the
other members of the Class and Subclass, respectively; (iv) the Class and Subclass Representatives
will fairly and adequately represent the interests of the Class and Subclass, respectively; (v) the
members of the Class and Subclass are sufficiently ascertainable; and (vi) Defendants have acted
on grounds that apply generally to the Class and Subclass such that final injunctive relief or
declaratory relief is appropriate respecting the class as a whole.
2. Accordingly, pursuant to Rules 23(a) and (b)(2) of the Federal Rules of Civil
Procedure, the following Class and Subclass are certified:
General Class: All persons (i) housed or who will be housed in a state prison, (ii) with serious mental illness, (iii) whose open dates for parole release, approved conditional release dates, or maximum expiration dates have passed, (iv) who have not been released on their open dates for parole release, approved conditional release dates, or maximum expiration dates because of the unavailability of community-based mental health housing and/or supportive services, (v) who are not subject to residency restrictions under the Sexual Assault Reform Act, and (vi) who are eligible and appropriate for community-based mental health housing and supportive services (“CBMHHSS”).
RTF Subclass: All persons (i) housed or who will be housed in a state prison pursuant to Penal Law § 70.45 or Correction Law § 73, (ii) who have serious mental illness, (iii) whose maximum expiration dates have passed, (iv) who have not been released on their maximum expiration dates because of the unavailability of community-based mental health housing and/or supportive services, (v) who are not subject to residency restrictions under the Sexual Assault Reform Act, and (vi) who are eligible and appropriate for CBMHHSS.
3. Lead Plaintiffs satisfy the requirements under Rule 23(a) and are appointed as Class July 3, 2024
and Subclass Representatives.
4. Lead Counsel, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Disability Rights
New York, and The Legal Aid Society satisfy the requirements of Rule 23(g) and are appointed
Lead Counsel for the General Class and RTF Subclass. Plaintiffs’ Motion as to the Discharge Class is DENIED. The Court finds that the
Discharge Class satisfies the numerosity and adequacy of representation requirements of Rule
23(a), in that the members of the Discharge Class are so numerous that joinder of all members
thereof is impracticable and the Discharge Class Representatives will fairly and adequately
represent the interests of the Discharge Class. However, the Court finds that Plaintiffs have not
shown that the Discharge Class satisfies the other requirements of Rules 23(a), that: (i) there are
questions of law or fact common to the Discharge Class; (ii) the claims of the Discharge Class
Representatives are typical of the claims of the other members of the Discharge Class; and (iii) the
members of the Discharge Class are sufficiently ascertainable.
IT IS SO ORDERED.
DATE: ______________ ____________________________________
THE HONORABLE CATHY SEIBEL UNITED STATES DISTRICT JUDGE
