Case Details

CourtSouthern District of New York
Docket number1:05-cv-04949
Date case filed2005-05-24
Date case closed2010-09-30
Date of latest filing
Assigned toJudge Richard J. Sullivan
Case cause28:1331cv Fed. Question: Other Civil Rights
Nature of suit440 Civil Rights: Other
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Michael Marcavage
Party type: Plaintiff
Attorney name: Brian William Raum
Attorney Contact:
Alliance Defending Freedom
15100 N. 90th Street
Scottsdale, AZ 85260
480 444-0020
Fax: 480 444-0028
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jeffrey A. Shafer
Attorney Contact:
Alliance Defense Fund
801 G Street, North West
Suite 509
Washington, DC 20001
(202) 393-8690
Fax: (202) 347 3622
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Steven A. Soulios
Attorney Contact:
Ruta & Soulios LLP
1500 Broadway
New York, NY 10036
(212) 997-4500
Fax: (212) 997-4500
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Steven C.. Lefemine
Party type: Plaintiff
Attorney name: Brian William Raum
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jeffrey A. Shafer
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Steven A. Soulios
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: The City of New York
Party type: Defendant
Attorney name: Alexis Lucia Leist
Attorney Contact:
City of New York Law Department
100 Church Street
New York, NY 10007
(212) 788-0971
Fax: (212) 788-9776
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Cheryl Leah Shammas
Attorney Contact:
NYC Law Department
350 Jay Street
Brooklyn, NY 11201
(212)-788-1570
Fax: (212)-788-9776
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jay Alan Kranis
Attorney Contact:
City of New York Law Department
100 Church Street
New York, NY 10007
(212) 788-8683
Fax: (212) 788-9776
Email: [email protected]nyc.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jed Matthew Weiss
Attorney Contact:
Cozen O'Connor (Broadway)
45 Broadway Atrium, Suite 1600
New York, NY 10006
212-908-1210
Fax: 866-832-7206
Email: [email protected]
LEAD ATTORNEY

Attorney name: James Mirro
Attorney Contact:
NYC Law Department
100 Church Street
New York, NY 10007
(212)-788-8026
Fax: (212)-788-9776
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Raymond W. Kelly
Party type: Defendant
in his individual and official capacity as the Commissioner of The New York City Polic Department
Attorney name: Alexis Lucia Leist
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Cheryl Leah Shammas
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jed Matthew Weiss
Attorney Contact:
(See above for address)
LEAD ATTORNEY

Attorney name: James Mirro
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Sergeant Ebanks
Party type: Defendant
Party: Captain Staples
Party type: Defendant
Attorney name: Alexis Lucia Leist
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Cheryl Leah Shammas
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jed Matthew Weiss
Attorney Contact:
(See above for address)
LEAD ATTORNEY

Attorney name: James Mirro
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Officer Donnelly
Party type: Defendant
Party: as yet Unknown Officers
Party type: Defendant
in their individual capacities and official capacities as Police Officers for the New York City Police Department

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12005-05-24 COMPLAINT against Donnelly, as yet Unknown Officers, The City of New York, Raymond W. Kelly, Ebanks, Staples. (Filing Fee $ 250.00, Receipt Number 544689)Document filed by Michael Marcavage, Steven C.. Lefemine.(laq, ) Additional attachment(s) added on 5/26/2005 (laq, ). (Entered: 05/25/2005)
22005-07-07 Case REASSIGNED to Judge Kenneth M. Karas. Judge Jed S. Rakoff no longer assigned to the case. (jbe, ) (Entered: 07/07/2005)
32005-07-15 NOTICE of Appearance by Jay Alan Kranis on behalf of The City of New York (Kranis, Jay) (Entered: 07/15/2005)
42005-07-19 ENDORSED LETTER addressed to Judge Kenneth A. Karas from Jed M. Weiss dated 7/8/05 re: Counsel for defendant write to request to the reference matter, in which plaintiffs set forth claims, inter alia, of false arrest and false imprisonment during the Republican National Convention. Per the request of defendants and on the consent of plaintiffs, defendant's time to answer or otherwise respond to the complaint is extended until 9/16/05. No further extensions will be granted absent unforeseen and extraordinary circumstances. So Ordered. (Signed by Judge Kenneth M. Karas on 7/12/05) (jco, ) (Entered: 07/20/2005)
52005-09-19 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Jed M. Weiss dated 9/13/05, Donnelly answer due 10/31/2005; The City of New York answer due 10/31/2005; Raymond W. Kelly answer due 10/31/2005; Ebanks answer due 10/31/2005; Staples answer due 10/31/2005. Plaintiffs are directed either to provide the necessary ideases or to object to their provision by 9/30/05. (Signed by Judge Kenneth M. Karas on 9/16/05) (sac, ) (Entered: 09/20/2005)
62005-09-21 ORDER; this action 04cv7922 (Lead Case) is consolidated with 1:04-cv-07922-KMK-JCF,1:04-cv-09216-KMK,1:04-cv-10178-KMK,1:05-cv-01562-KMK,1:05-cv-01563-KMK, 1:05-cv-01564-KMK,1:05-cv-01565-KMK,1:05-cv-01566-KMK,1:05-cv-01567-KMK,1:05-cv-01568-KMK, 1:05-cv-01569-KMK,1:05-cv-01570-KMK,1:05-cv-01571-KMK,1:05-cv-01572-KMK,1:05-cv-01573-KMK, 1:05-cv-01574-KMK,1:05-cv-02910-KMK,1:05-cv-02927-KMK,1:05-cv-03616-KMK,1:05-cv-03705-KMK, 1:05-cv-04949-KMK,1:05-cv-05080-KMK,1:05-cv-05150-KMK,1:05-cv-05152-KMK,1:05-cv-05268-KMK, 1:05-cv-05528-KMK,1:05-cv-06193-KMK,1:05-cv-06780-KMK,1:05-cv-06918-KMK,1:05-cv-07025-KMK, 1:05-cv-07026-KMK,1:05-cv-07536-KMK,1:05-cv-07546-KMK,1:05-cv-07547-KMK,1:05-cv-07548-KMK, 1:05-cv-07577-KMK,1:05-cv-07579-KMK,1:05-cv-07580-KMK,1:05-cv-07623-KMK,1:05-cv-07624-KMK, 1:05-cv-07625-KMK,1:05-cv-07626-KMK,1:05-cv-07670-KMK,1:05-cv-07673-KMK(Member Cases) for discovery purposes and any other case that is pending or will be filed before the undersigned and which is designated as related to the protest and arrest activity at the 2004 Republican National Convention in New York City. This caption will be the master file. These consolidated cases are referred to Magistrate Judge James C. Francis for discovery purposes. (Signed by Judge Kenneth M. Karas on 9/20/05) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF,1:04-cv-09216-KMK,1:04-cv-10178-KMK,1:05-cv-01562-KMK,1:05-cv-01563-KMK, 1:05-cv-01564-KMK,1:05-cv-01565-KMK,1:05-cv-01566-KMK,1:05-cv-01567-KMK,1:05-cv-01568-KMK, 1:05-cv-01569-KMK,1:05-cv-01570-KMK,1:05-cv-01571-KMK,1:05-cv-01572-KMK,1:05-cv-01573-KMK, 1:05-cv-01574-KMK,1:05-cv-02910-KMK,1:05-cv-02927-KMK,1:05-cv-03616-KMK,1:05-cv-03705-KMK, 1:05-cv-04949-KMK,1:05-cv-05080-KMK,1:05-cv-05150-KMK,1:05-cv-05152-KMK,1:05-cv-05268-KMK, 1:05-cv-05528-KMK,1:05-cv-06193-KMK,1:05-cv-06780-KMK,1:05-cv-06918-KMK,1:05-cv-07025-KMK, 1:05-cv-07026-KMK,1:05-cv-07536-KMK,1:05-cv-07546-KMK,1:05-cv-07547-KMK,1:05-cv-07548-KMK, 1:05-cv-07577-KMK,1:05-cv-07579-KMK,1:05-cv-07580-KMK,1:05-cv-07623-KMK,1:05-cv-07624-KMK, 1:05-cv-07625-KMK,1:05-cv-07626-KMK,1:05-cv-07670-KMK,1:05-cv-07673-KMK(sac, ) (Entered: 09/22/2005)
72005-10-03 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute - Discovery Disputes Only. Referred to Magistrate Judge James C. Francis. Original document filed in 04cv7922, document # 36. (Signed by Judge Kenneth M. Karas on 9/28/05) Filed In Associated Cases: 1:04-cv-09216-KMK-JCF,1:04-cv-10178-KMK-JCF,1:05-cv-01562-KMK-JCF,1:05-cv-01563-KMK-JCF, 1:05-cv-01564-KMK-JCF,1:05-cv-01565-KMK-JCF,1:05-cv-01566-KMK-JCF,1:05-cv-01567-KMK-JCF, 1:05-cv-01568-KMK-JCF,1:05-cv-01569-KMK-JCF,1:05-cv-01570-KMK-JCF,1:05-cv-01571-KMK-JCF, 1:05-cv-01572-KMK-JCF,1:05-cv-01573-KMK-JCF,1:05-cv-01574-KMK-JCF,1:05-cv-02910-KMK-JCF, 1:05-cv-02927-KMK-JCF,1:05-cv-03478-KMK-MDF,1:05-cv-03616-KMK-JCF,1:05-cv-03705-KMK-JCF, 1:05-cv-04949-KMK-JCF,1:05-cv-05080-KMK-JCF,1:05-cv-05150-KMK-JCF,1:05-cv-05152-KMK-JCF, 1:05-cv-05268-KMK-JCF,1:05-cv-05528-KMK-JCF,1:05-cv-06193-KMK-JCF,1:05-cv-06780-KMK-JCF, 1:05-cv-06918-KMK-JCF,1:05-cv-07025-KMK-JCF,1:05-cv-07026-KMK-JCF,1:05-cv-07536-KMK-JCF, 1:05-cv-07546-KMK-JCF,1:05-cv-07547-KMK-JCF,1:05-cv-07548-KMK-JCF,1:05-cv-07577-KMK-JCF, 1:05-cv-07579-KMK-JCF,1:05-cv-07580-KMK-JCF,1:05-cv-07623-KMK-JCF,1:05-cv-07624-KMK-JCF, 1:05-cv-07625-KMK-JCF,1:05-cv-07626-KMK-JCF,1:05-cv-07670-KMK-JCF,1:05-cv-07673-KMK-JCF(db, ) (Entered: 10/04/2005)
82005-10-31 ANSWER to Complaint. Document filed by The City of New York, Raymond W. Kelly, Staples.(Weiss, Jed) (Entered: 10/31/2005)
92005-11-17 CONSOLIDATED CASE MANAGEMENT PLAN: Motions due by 2/1/2007. Responses due by 3/1/2007 Replies due by 4/1/2007. Discovery due by 5/1/2006. See Document for further Scheuduling Deadlines. (Signed by Judge James C. Francis on 11/17/05) (sac, ) (Entered: 11/17/2005)
102005-10-06 PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge James C. Francis on 10/4/05) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF,1:04-cv-09216-KMK-JCF,1:04-cv-10178-KMK-JCF,1:05-cv-01562-KMK-JCF, 1:05-cv-01563-KMK-JCF,1:05-cv-01564-KMK-JCF,1:05-cv-01565-KMK-JCF,1:05-cv-01566-KMK-JCF, 1:05-cv-01567-KMK-JCF,1:05-cv-01568-KMK-JCF,1:05-cv-01569-KMK-JCF,1:05-cv-01570-KMK-JCF, 1:05-cv-01571-KMK-JCF,1:05-cv-01572-KMK-JCF,1:05-cv-01573-KMK-JCF,1:05-cv-01574-KMK-JCF, 1:05-cv-02910-KMK-JCF,1:05-cv-02927-KMK-JCF,1:05-cv-03478-KMK-JCF,1:05-cv-03616-KMK-JCF, 1:05-cv-03705-KMK-JCF,1:05-cv-04949-KMK-JCF,1:05-cv-05080-KMK-JCF,1:05-cv-05150-KMK-JCF, 1:05-cv-05152-KMK-JCF,1:05-cv-05268-KMK-JCF,1:05-cv-05528-KMK-JCF,1:05-cv-06193-KMK-JCF, 1:05-cv-06780-KMK-JCF,1:05-cv-06918-KMK-JCF,1:05-cv-07025-KMK-JCF,1:05-cv-07026-KMK-JCF, 1:05-cv-07536-KMK-JCF,1:05-cv-07546-KMK-JCF,1:05-cv-07547-KMK-JCF,1:05-cv-07548-KMK-JCF, 1:05-cv-07577-KMK-JCF,1:05-cv-07579-KMK-JCF,1:05-cv-07580-KMK-JCF,1:05-cv-07623-KMK-JCF, 1:05-cv-07624-KMK-JCF,1:05-cv-07625-KMK-JCF,1:05-cv-07626-KMK-JCF,1:05-cv-07670-KMK-JCF, 1:05-cv-07673-KMK-JCF(jco, ) (Entered: 11/23/2005)
112005-10-03 DISCOVERY ORDER #1: regarding procedures to be followed during this actions discovery procedures and deadlines. (Signed by Judge James C. Francis on 10/3/05) Filed In Associated Cases: 1:04-cv-09216-KMK-JCF,1:04-cv-10178-KMK-JCF,1:05-cv-01562-KMK-JCF,1:05-cv-01563-KMK-JCF, 1:05-cv-01564-KMK-JCF,1:05-cv-01565-KMK-JCF,1:05-cv-01566-KMK-JCF,1:05-cv-01567-KMK-JCF, 1:05-cv-01568-KMK-JCF,1:05-cv-01569-KMK-JCF,1:05-cv-01570-KMK-JCF,1:05-cv-01571-KMK-JCF, 1:05-cv-01572-KMK-JCF,1:05-cv-01573-KMK-JCF,1:05-cv-01574-KMK-JCF,1:05-cv-02910-KMK-JCF, 1:05-cv-02927-KMK-JCF,1:05-cv-03616-KMK-JCF,1:05-cv-03705-KMK-JCF,1:05-cv-04949-KMK-JCF, 1:05-cv-05080-KMK-JCF,1:05-cv-05150-KMK-JCF,1:05-cv-05152-KMK-JCF,1:05-cv-05268-KMK-JCF, 1:05-cv-05528-KMK-JCF,1:05-cv-06193-KMK-JCF,1:05-cv-06780-KMK-JCF,1:05-cv-07025-KMK-JCF, 1:05-cv-07026-KMK-JCF,1:05-cv-07536-KMK-JCF,1:05-cv-07546-KMK-JCF,1:05-cv-07547-KMK-JCF, 1:05-cv-07548-KMK-JCF(db, ) (Entered: 11/23/2005)
122006-04-17 NOTICE OF APPEARANCE by Cheryl Leah Shammas on behalf of The City of New York, Raymond W. Kelly, Staples (Shammas, Cheryl) (Entered: 04/17/2006)
132006-05-02 ENDORSED LETTER: addressed to Magistrate Judge James C. Francis from Cheryl L. Shammas dated 4/28/2006 re: respectfully requesting an enlargement of time of the Court's consolidated case management order in the amount of 90 days. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge James C. Francis on 4/28/2006) (lb, ) (Entered: 05/02/2006)
142006-09-27 MOTION for Jeffrey A. Shafer to Appear Pro Hac Vice. Document filed by Michael Marcavage, Steven C.. Lefemine. (jco, ) (Entered: 09/28/2006)
152006-09-29 Memo- Endorsment re: granting 14 Motion for Jeffrey A. Shafer to Appear Pro Hac Vice upon the condition that Mr. Shafle promptly pay the required fee. (Signed by Judge James C. Francis on 9/29/06) (pl, ) (Entered: 09/29/2006)
162006-10-10 ORDER Emails produced by defendants shall be provided to all RNC plaintiffs as Bates Stamped tiff images on CD-ROM disccs. The emails on shall be labeled to corrsponed to the Bates Numbers of the tiff images contained therein. The tiff images shall contain the following feilds: subject line, from,to, date,and time, where applicable. Plaintiffs shall produce emails in the manner described in paragraphs 1-3 above or as printed hard copy documents containing the same fields set forth in paragraph 3 above. Neither party is required to produce compardin emails meaning that the parties shall produce a single copy of an email to respresent both the sent and received emails. The parties shall provide an email production index which shall list the email's Bates Number, subject line, to field, from field, and the date/time fields. All email addresses produced by the parties shall be kept confidential and shall be restricted to attorney's eyes only and the staff of their respective offices. This Order shall govern all Consolidated RNC Actions, which are individually listed in Appendix A, and any further actons filed by sny of the current RNC plaintiff's Counsel. (Signed by Judge James C. Francis on 10/10/2006) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF,1:04-cv-09216-KMK-JCF,1:04-cv-10178-KMK-JCF,1:05-cv-01562-KMK-JCF, 1:05-cv-01563-KMK-JCF,1:05-cv-01564-KMK-JCF,1:05-cv-01565-KMK-JCF,1:05-cv-01566-KMK-JCF, 1:05-cv-01567-KMK-JCF,1:05-cv-01568-KMK-JCF,1:05-cv-01569-KMK-JCF,1:05-cv-01570-KMK-JCF, 1:05-cv-01571-KMK-JCF,1:05-cv-01572-KMK-JCF,1:05-cv-01573-KMK-JCF,1:05-cv-01574-KMK-JCF, 1:05-cv-02910-KMK-JCF,1:05-cv-02927-KMK-JCF,1:05-cv-03478-KMK-JCF,1:05-cv-03616-KMK-JCF, 1:05-cv-03705-KMK-JCF,1:05-cv-04949-KMK-JCF,1:05-cv-05080-KMK-JCF,1:05-cv-05150-KMK-JCF, 1:05-cv-05152-KMK-JCF,1:05-cv-05268-KMK-JCF,1:05-cv-05528-KMK-JCF,1:05-cv-06193-KMK-JCF, 1:05-cv-06780-KMK-JCF,1:05-cv-06918-KMK-JCF,1:05-cv-07025-KMK-JCF,1:05-cv-07026-KMK-JCF, 1:05-cv-07536-KMK-JCF,1:05-cv-07546-KMK-JCF,1:05-cv-07547-KMK-JCF,1:05-cv-07548-KMK-JCF, 1:05-cv-07575-KMK-JCF,1:05-cv-07577-KMK-JCF,1:05-cv-07579-KMK-JCF,1:05-cv-07580-KMK-JCF, 1:05-cv-07623-KMK-JCF,1:05-cv-07624-KMK-JCF,1:05-cv-07625-KMK-JCF,1:05-cv-07626-KMK-JCF, 1:05-cv-07670-KMK-JCF,1:05-cv-07673-KMK-JCF,1:05-cv-09974-KMK-JCF(jmi, ) (Entered: 10/11/2006)
172006-10-16 ENDORSED LETTER addressed to Judge James C. Francis from Cheryl L. Samuels dated 10/11/2006 re: a request for a 60-day enlargement of the deadlines set forth in the CMO (case management order). ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge James C. Francis on 10/12/06) (kco, ) (Entered: 10/16/2006)
182006-10-24 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Magistrate Judge James C. Francis on 10/20/2006) (lb, ) (Entered: 10/25/2006)
192006-11-13 DISCOVERY ORDER #2: It is hereby ordered as follows: counsel for any party seeking to take a deposition may serve a notice on counsel for the party to be deposed at any time in advance of the deadline for doing so as set forth in the case management order governing each individual action. All other rulings as set forth in this order. (Signed by Magistrate Judge James C. Francis on 11/13/2006) Copies Mailed By Chambers (lb, ) Additional attachment(s) added on 11/17/2006 (lb, ). (Entered: 11/17/2006)
202006-12-06 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Cheryl L. Shammas dated 12/7/2006 re: to request, the parties submit for your approval the following proposed briefing schedule on the discovery issues: Responses due by 12/22/2006 Replies due by 1/3/2007. (Signed by Judge James C. Francis on 12/6/2006) (jmi, ) (Entered: 12/07/2006)
212006-12-21 ORDER: re: Missing Documents - if the defendants are unable to produce a specific document of a type which they have agreed to produce, or have been ordered to produce, counsel for defendants shall provide a written sattement concerning the inability to produce the document ("statement"). The statement shall set forth the details further elaborated in this order as items 1-4. (Signed by Judge James C. Francis on 12/21/06) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF,1:04-cv-8453-KMK-JCF,1:04-cv-09216-KMK-JCF,1:04-cv-10178-KMK-JCF, 1:05-cv-01562-KMK-JCF,1:05-cv-01563-KMK-JCF,1:05-cv-01564-KMK-JCF,1:05-cv-01565-KMK-JCF, 1:05-cv-01566-KMK-JCF,1:05-cv-01567-KMK-JCF,1:05-cv-01568-KMK-JCF,1:05-cv-01569-KMK-JCF, 1:05-cv-01570-KMK-JCF,1:05-cv-01571-KMK-JCF,1:05-cv-01572-KMK-JCF,1:05-cv-01573-KMK-JCF, 1:05-cv-01574-KMK-JCF,1:05-cv-02910-KMK-JCF,1:05-cv-02927-KMK-JCF,1:05-cv-03478-KMK-JCF, 1:05-cv-03616-KMK-JCF,1:05-cv-03705-KMK-JCF,1:05-cv-04949-KMK-JCF,1:05-cv-05080-KMK-JCF, 1:05-cv-05150-KMK-JCF,1:05-cv-05152-KMK-JCF,1:05-cv-05268-KMK-JCF,1:05-cv-05528-KMK-JCF, 1:05-cv-06193-KMK-JCF,1:05-cv-06780-KMK-JCF,1:05-cv-06918-KMK-JCF,1:05-cv-07025-KMK-JCF, 1:05-cv-07026-KMK-JCF,1:05-cv-07536-KMK-JCF,1:05-cv-07546-KMK-JCF,1:05-cv-07547-KMK-JCF, 1:05-cv-07548-KMK-JCF,1:05-cv-07575-KMK-JCF,1:05-cv-07577-KMK-JCF,1:05-cv-07579-KMK-JCF, 1:05-cv-07580-KMK-JCF,1:05-cv-07623-KMK-JCF,1:05-cv-07624-KMK-JCF,1:05-cv-07625-KMK-JCF, 1:05-cv-07626-KMK-JCF,1:05-cv-07670-KMK-JCF,1:05-cv-07673-KMK-JCF,1:05-cv-09974-KMK-JCF(db, ) (Entered: 12/21/2006)
222006-12-21 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Jeffrey A. Dougherty dated 12/18/06 re: As an alternative to destroying the confidential records of a setting plaintiff at the time of settlement, defendants may return them to counsel for that plaintiff, to be maintained by that attorney until the completion of all RNC cases. (Signed by Judge James C. Francis on 12/21/06) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF,1:04-cv-09216-KMK-JCF,1:04-cv-10178-KMK-JCF,1:05-cv-01562-KMK-JCF, 1:05-cv-01563-KMK-JCF,1:05-cv-01564-KMK-JCF,1:05-cv-01565-KMK-JCF,1:05-cv-01566-KMK-JCF, 1:05-cv-01567-KMK-JCF,1:05-cv-01568-KMK-JCF,1:05-cv-01569-KMK-JCF,1:05-cv-01570-KMK-JCF, 1:05-cv-01571-KMK-JCF,1:05-cv-01572-KMK-JCF,1:05-cv-01573-KMK-JCF,1:05-cv-01574-KMK-JCF, 1:05-cv-02910-KMK-JCF,1:05-cv-02927-KMK-JCF,1:05-cv-03478-KMK-JCF,1:05-cv-03616-KMK-JCF, 1:05-cv-03705-KMK-JCF,1:05-cv-04949-KMK-JCF,1:05-cv-05080-KMK-JCF,1:05-cv-05150-KMK-JCF, 1:05-cv-05152-KMK-JCF,1:05-cv-05268-KMK-JCF,1:05-cv-05528-KMK-JCF,1:05-cv-06193-KMK-JCF, 1:05-cv-06780-KMK-JCF,1:05-cv-06918-KMK-JCF,1:05-cv-07025-KMK-JCF,1:05-cv-07026-KMK-JCF, 1:05-cv-07536-KMK-JCF,1:05-cv-07546-KMK-JCF,1:05-cv-07547-KMK-JCF,1:05-cv-07548-KMK-JCF, 1:05-cv-07575-KMK-JCF,1:05-cv-07577-KMK-JCF,1:05-cv-07579-KMK-JCF,1:05-cv-07580-KMK-JCF, 1:05-cv-07623-KMK-JCF,1:05-cv-07624-KMK-JCF,1:05-cv-07625-KMK-JCF,1:05-cv-07626-KMK-JCF, 1:05-cv-07670-KMK-JCF,1:05-cv-07673-KMK-JCF,1:05-cv-09974-KMK-JCF(db, ) (Entered: 12/21/2006)
232006-12-21 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Cheryl L. Shammas dated 12/20/06 re: Application GRANTED. defendants opposition papers regarding discovery issues extended to 1/12/07; plaintiff reply due 1/19/07. (Signed by Judge James C. Francis on 12/20/06) (db, ) (Entered: 12/21/2006)
242007-01-19 ENDORSED LETTER addressed to Judge James C. Francis IV from Curt P. Beck dated 1/18/07 re: that the parties have agreed to the following briefing schedule as follows:Dft's will file moving papers by 1/26/2007, NYCLU responses due by 2/14/2007, Dft's replies due by 2/23/2007. So Ordered. (Signed by Judge James C. Francis on 1/19/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(pl) (Entered: 01/22/2007)
252007-01-26 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Brian W. Raum dated 1/24/07 re: Application GRANTED. Plaintiffs reply to defendants opposition to the motion to compel by 1/26/07. (Signed by Judge James C. Francis on 1/24/07) (db) (Entered: 01/29/2007)
262007-01-29 ORDER: fact discovery extended to 3/5/07 solely for conducting the depositions of Sergeant Ebanks and Officer Gavin as further set forth in said Order. (Signed by Judge James C. Francis on 1/29/07) Copies Mailed by Chambers.(db) (Entered: 01/30/2007)
272006-11-28 LETTER addressed to Judge Francis from Brian Raum dated 11/22/06 re extending discovery to 3/5/07. Document filed by Michael Marcavage.(cd) (Entered: 02/02/2007)
282007-01-17 LETTER addressed to Judge Francis from Cheryl Shammas dated 1/12/07 re plntf's application for an extension of discovery. Document filed by City of NY et al.(cd). (Entered: 02/02/2007)
292007-01-26 LETTER addressed to Judge Francis from Brian Raum dated 1/26/07 re plntfs motion to compel. Document filed by Michael Marcavage.(cd) (Entered: 02/02/2007)
302007-03-07 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Brian W. Raum dated 2/26/07 re: Application GRANTED. (Depositions extended for thirty (30) days). Plaintiff may not insist, however, on have both plaintiff's counsel attend the depositions. (Signed by Judge James C. Francis on 3/6/07) (db) (Entered: 03/07/2007)
312007-03-06 LETTER addressed to Mag. Judge Francis from 3/6/07 dated 3/6/07 re: in connection with plaintiffs' letter dated Feb. 26, 2007 in which plaintiffs have requested, for the third time additional time to take discovery despite their repeated failures to make themselves available to litigate this case. (djc) (Entered: 03/09/2007)
322007-04-04 ORDER that defts may continue to produce arresting officer memo books in unredacted form provided, however, that notiations concerning duties related to the RNC are not redacted. Individualized verifcations of discovery responses by arresting officers shall not be required. This issue, however, shall be revisited if it appears through deposition that the written discovery responses have been inaccurate. Disciplinary files of arresting officers shall be produced in conformity with my 12/2/05 order in Dudek v City of NY, 04-10178. Charges of "discourtesy" are not covered by that order. By 4/15/07 defts shall identify the drivers of the vehicles that transported the plntfs in the Coburn case. (Signed by Judge James C. Francis on 4/3/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al. copies sent by chambers.(cd) (Entered: 04/05/2007)
332007-04-06 ENDORSED LETTER addressed to Judge Francis from Michael Spiegel dated 3/27/07 re 3/23/07 letter from Jeffrey Dougherty re defts' production of documents: based on the parties' representations, the DANY and DCJS documents previously in defts' possession should have been produced by now. Going forward, these documents shall be produced to plntfs on disc within two weeks of receipt by defts except under exceptional circumstances. Plntfs' application for costs and fees in connection with reopened depositions is denied without prejudice to renewal in connection with specific depositions. (Signed by Judge James C. Francis on 4/6/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(cd) (Entered: 04/09/2007)
342007-04-06 ORDER that defts may continue to produce arresting officer memo books in redacted form provided, however, that notations concerning duties related to the RNC are not redacted. Individualized verifications of discovery respones by arresting officers shall not be required. Disciplinary files of arresting officers shall be produced in ocnformity with my 12/2/05 order in Dudek v Cityof NY 04-10178. Charges of 'discourtesy" are not covered by that order. By 4/15/07 defts shall identify the drivers of the vehicles that transported the plntfs in the Coburn case. (Signed by Judge James C. Francis on 4/9/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al. copies sent by chambers.(cd) (Entered: 04/09/2007)
352007-05-04 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Peter G. Farrell dated 5/4/07 re: Application GRANTED. I not however, that the decision issued today is no way based on Mr. Dunn's 5/3/07 letter. The City is still free to respond to that letter in connection with its application for sanctions in connection with the disclosure of (then) confidential documents. (Signed by Judge James C. Francis on 5/4/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(db) (Entered: 05/07/2007)
362007-05-04 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from James Mirro dated 5/1/07 re: Application GRANTED. In addition, Ms. McNamara shall appear for deposition on 5/17/07. The delay in producing her treatment records does not warrant sanctions; defendants' cancellation of her previously scheduled deposition is not a waiver of their right to depose her. the deponents shall bring the clothing and footwear worn when they were arrested, regardless of its current condition. (Signed by Judge James C. Francis on 5/3/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(db) (Entered: 05/07/2007)
372007-05-16 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Liora Jacobi dated 5/15/07 re: counsel for dfts request that any disclosure and use of the documents set forth herein be subject to an "attorneys eyes only" protective order. application granted without prejudice to any future challenge to the designation. (Signed by Judge James C. Francis on 5/16/07) (dle) (Entered: 05/17/2007)
382007-05-29 MEMORANDUM AND ORDER re letters concerning disputes over the depositions of David Norcorss and William Harris: defts' request that the depositions of Mr. Norcorss and Mr. Harris be conducted at the deponents' respective places of business is denied, and as further set forth in this document. (Signed by Judge James C. Francis on 5/25/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al. copies sent by chambers.(cd) (Entered: 05/30/2007)
392007-06-15 ORDER: Counsel in the consolidated RNC cases having failed to cooperate in the scheduling of depositions as anticipated by Discovery Order #2, it is hereby ordered as follows: The defense witnesses scheduled to be deposed on dates on or after June 19, 2007 as set forth in the letters of Jeffrey A. Rothman dated May 14, 2007, Michael L. Spiegel dated May 23, 2007, and Jonathan Moore and Clare Norins dated June 7, 2007 shall appear on the dates indicated in those letters. Counsel shall have until June 29, 2007 to agree on specific deposition dates for any other defense witnesses identified by then and for all plaintiffs. the agreed upon dates shall not extend beyond November 16, 2007. After June 29, 2007, no additional fact witnesses shall be noticed for deposition absent: (a) agreement of the parties or (b) a showing that the witness could not reasonably have been identified prior to that date. On July 2, 2007, counsel for each party noticing depositions shall provide a letter to the Court listing all dates agreed upon pursuant to paragraph 2 of this order, which letters shall be "So Ordered." On July 2, 2007, counsel for each party noticing depositions shall also provide a separate letter identifying all witnesses for whom no date has been agreed upon. i will then schedule all such depositions. That schedule shall, by necessity, be arbitrary and inflexible. Following the pretrial conference scheduled for June 29, 2007, counsel may utilize my Courtroom to discuss the master deposition schedule among themselves. This order applies to all RNC cases consolidated for discovery. So Ordered. (Signed by Judge James C. Francis on 6/15/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF, 1:04-cv-09216-KMK-JCF, 1:05-cv-07623-KMK-JCF Copies Mailed By Chambers (js) (Entered: 06/15/2007)
402007-06-15 ORDER that defense witnesses scheduled to be deposed on dates on or after 6/19/07...shal appear on the dates indicated in those letters. Counsel shall have until 6/29/07 to agree on specific deposition dates for any other defense witnesses identified by then and for all plaintiffs. The agreed upon dates shall not extend beyond 11/16/07, and as further set forth in this document. (Signed by Judge James C. Francis on 6/15/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al. copies sent by chambers.(cd) (Entered: 06/18/2007)
412007-07-05 ORDER; Depositions shall be conducted in accordance with the schedule set forth in the Appendix to this order. Counsel may deviate from that schedule only upon written stipulation or further order of the Court. (Signed by Judge James C. Francis on 7/5/07) (Signed by Judge James C. Francis on 7/5/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(djc) (Entered: 07/12/2007)
422007-07-31 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Cheryl L. Shammas dated 7/24/2007 re: request protective order pursuant to FRCP 26(c), barring the deposition of: (1) Stephen Hammerman, Esq., former Deputy Commissioner of Legal Matters (2) three other members of the NYPD Legal Bureau whose depositions have been noticed by various plts. ENDORSEMENT: Application denied. At least some of these deponents had direct involvement in audits in ways that would not implicate any privilege. For example, Mr. Hammerman is alleged to have participated directly in plt Kyne's audit. Moreover, plts are entitled to test the assertion of the atty-client privilege, particularly in light of the disturbing testimony by Sergeant Cai. (Signed by Judge Kenneth M. Karas on 7/31/2007) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(jar) (Entered: 08/01/2007)
442007-08-06 ORDER; regarding the Court Issued Memorandum and Order requiring the dft's to produce certain documents as to which they had asserted the law enforcement privilege, it is hereby ordered as follows: 1. The order shall be stayed for ten days to permit the parties to submit any objections pursuant to Rule 72(a) of the F.R.C.P. 2. The stay shall not apply to those documents that the defendants had agreed to produce in redacted form (except for those listed in footnote 18 of the Order, as to which I have directed that the redactions be modified) (Signed by Judge James C. Francis on 8/6/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(pl) Modified on 8/10/2007 (Lancaster, Patricia). (Entered: 08/08/2007)
452007-08-08 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Alan Levine dated 8/3/07 re: a request for an order in advance of the depositions scheduled for the week of 8/13/2007 that the memo books be produced at those and other NYPD depositions. ENDORSEMENT: Non-arresting officer witnesses shall bring the relevant memo books to their depositions and defendants shall use their best efforts to produce copies one week in advance of each deposition. SO ORDERED. (Signed by Judge James C. Francis on 8/8/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(kco) (Entered: 08/09/2007)
462007-09-04 NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas' White Plains Docket. Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(fk) (Entered: 09/11/2007)
472007-09-27 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from James Mirro dated 9/19/07 re: a request by defendants to respond to all plaintiffs' motions on a consolidated basis by 10/19/2007. ENDORSEMENT: Application granted. In addition reply papers are due 11/19/2007. SO ORDERED (Signed by Judge James C. Francis on 9/27/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(kco) (Entered: 09/27/2007)
482007-09-28 ORDER any party receiving documents form a non-party pursuant to subpoena shall maintain those documents on an attorneys' -eyes-only basis except insofar as the provisions of this Order permit disclosure. Counsel wishing to disseminate a document subpoenaed from a non-party shall provide notice to counsel for any party identified in the document. Counsel for the party identified in the document shall have 10 business days to deem the document (or a portion of it) confidential, in which case it shall be treated as such under the protective order. Until the ten days has elapsed or until the party identified in the document has otherwise consented to disclosure, the document shall be maintained on an attorneys'-eyes-only basis. So Ordered. (Signed by Judge James C. Francis on 9/28/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(jco)"Copies Mailed By Chambers" (Entered: 09/28/2007)
492007-10-02 NOTICE OF CASE REASSIGNMENT to Judge Richard J. Sullivan. Judge Kenneth M. Karas is no longer assigned to the case. Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(fk) (Entered: 10/04/2007)
502007-10-22 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Raju Sundaran dated 10/19/2007 re: Defendants request permission to file a 50 page memorandum of law in opposition. ENDORSEMENT: Application granted upon the representation that the proposed motion present varying issues and arguments. (Signed by Judge James C. Francis on 10/22/2007) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. (jar) (Entered: 10/22/2007)
512007-11-26 ORDER: It is hereby ordered as follows: 1. Any motion relating to a party deposition shall be submitted by Jauary 15, 2008. 2. Notices of deposition for any non-party witnesses identified as a result of party depositions shall be served by January 15, 2008. So Ordered. (Signed by Magistrate Judge James C. Francis on 11/26/07) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(js) (Entered: 11/26/2007)
522008-01-14 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Jeffrey A. Dougherty dated 1/14/08 re: Defendants request one additional week in which to comply with the deadline imposed by the November 26, 2007 Order, which would require submission of motions and service of non-party deposition notices on or before 1/22/08. ENDORSEMENT: Application granted. No further extensions. Any motion filed without compliance with the meet and confer requirement will be summarily denied. ( Motions due by 1/22/2008.) (Signed by Magistrate Judge James C. Francis on 1/14/08) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(tro) (Entered: 01/14/2008)
532008-01-18 ORDER; that Non-Party New York City Chapter of the National Lawyers Guild (NLG-NYC) having moved to quash defendants subpoena on the grounds that the information sought is subject to the attorney-client privilege; and NLG-NYC having represented that a preliminary search identified approximately 500 responsive documents, it is hereby ORDERED that NLG-NYC promptly submit these responsive documents to the Court for in camera review. (Signed by Magistrate Judge James C. Francis on 1/18/08) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers.(pl) (Entered: 01/18/2008)
542008-02-15 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from James Mirro dated 2/4/08 re: Defendants request that the Court adjourn the defendants' time to answer the amended complaints until 20 days after Judge Sullivan's order on any appeal of the Order. ENDORSEMENT: Application granted only with respect to any case in which the amended complaint actually raises issues that are the subject of obections presented to Judge Sullivan. (Signed by Magistrate Judge James C. Francis on 2/14/08) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(ae) (Entered: 02/15/2008)
552008-02-21 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from James Mirro dated 2/19/08 re: Defendants request that the Court permit defendants twenty (20) days until 3/17/08 in which to serve answer to any amended complaint as to which not objections are filed. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 2/20/08) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(tro) (Entered: 02/21/2008)
562008-03-12 DECLARATION of Raju Sundaran in Support of defendants' memorandum of law in support of defendants' appeal from the order of Magistrate Judge James C. Francis IV's, dated 1/23/08, granting plaintiff's motion to amend in part. Document filed by All Defendants, All Plaintiffs. (this document relates to Case #04cv7922, document #267 Objection., MEMORANDUM OF LAW in Support. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(pl) (Entered: 03/13/2008)
572008-03-19 ORDER: It is hereby ordered as follows: 1. By March 31, 2008, counsel for all parties shall identify all non-party fact witnesses that they reasonably expect to testify at trial on behalf of their respective clients. 2. Absent exceptional circumstances, depositions of fact witnesses are concluded in all RNC cases, consistent with the case management orders. While some of the case management orders were extended de facto by the master deposition scheduling order, there was no basis for assuming that they had been abandoned altogether. This order does not preclude depositions necessitated by Judge Sullivan's determination of issues no pending before him. So Ordered. (Signed by Magistrate Judge James C. Francis on 3/19/08) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers.(js) (Entered: 03/19/2008)
582008-03-31 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from James Mirro dated 3/31/08 re: Defendants request that the Court permit all parties until Friday, April 4, 2008 to serve the information required by Your Honor's order. Plaintiffs' counsel Jeffrey Rothman, James Meyerson, Daniel Alterman, Brian Raum, Beldock Levine, Stehpan Peskin, Michael Spiegel, Alan Levine and Alan D. Levine consent to this request. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 3/31/08) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(djc) (Entered: 03/31/2008)
622008-05-21 NOTICE OF APPEARANCE by Alexis Lucia Leist on behalf of The City of New York, Raymond W. Kelly, Staples (Leist, Alexis) (Entered: 05/21/2008)
632008-07-11 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Tonya Jenerette dated 6/30/2008 re: Counsel respectfully request that the Court grant this application so that the non party deposition consented to by the parties may proceed. ENDORSEMENT: Application granted. There depositions shall be completed by September 30, 2008. So Ordered. (Signed by Magistrate Judge James C. Francis on 7/11/2008) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(jfe) Modified on 7/21/2008 (jfe). (Entered: 07/11/2008)
642008-08-22 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Brian W. Raum dated 8/1/08 re: Request that this matter be set for trial. ENDORSEMENT: The Court shall hold a status conference in this case on 9/11/08 at 1:00 p.m. SO ORDERED. (Status Conference set for 9/11/2008 at 01:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 8/25/08) (db) (Entered: 08/25/2008)
652008-10-02 TRANSCRIPT of proceedings held on 9/11/2008 before Judge Richard J. Sullivan. (jn) (Entered: 10/02/2008)
662008-10-02 ORDER, Defendants shall submit a pre-motion letter to the court on or before October 10, 2008, outlining the grounds for their anticipated summary judgment motion. Plaintiffs response shall be submitted on or before October 16, 2008, in accordance with the Individual Practices of the undersigned. The parties shall appear for a pre-motion conference in this case on October 17, 2008 at 3 pm in courtroom 21C, United States District Court, Southern District of New York, 500 Pearl Street, New York, New York. (Signed by Judge Richard J. Sullivan on 9/26/08) (mme) (Entered: 10/02/2008)
672008-10-06 TRANSCRIPT of proceedings held on 9/11/2008 before Judge Richard J. Sullivan. (jn) (Entered: 10/06/2008)
682008-10-10 ORDER: It is hereby ordered as follows: 1. Plaintiffs' counsel in all RNC cases who have identified non-party witnesses who are to be deposed pursuant to Court order shall, by October 17, 2008, provide defendants' counsel with each witness' address so that subpoenas may be served. 2. By October 17, 2008, plaintiffs' counsel in MacNamara shall advise defendants' counsel of the specific RNC arrestees interviewed on "Democracy Now" and the specific Legal Aid or National Lawyers Guild attorneys involved in the RNC state court proceedings upon whom plaintiffs intend to rely. 3. With respect to the Court-ordered non-party depositions, defendants' counsel need not provide advance notice to plaintiffs' counsel before serving subpoenas that calls for the production of documents, defendants' counsel shall give plaintiffs' counsel three days' notice prior to serving the subpoena. So Ordered, ( Deposition due by 10/17/2008.) (Signed by Magistrate Judge James C. Francis on 10/10/08) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers.(js) (Entered: 10/10/2008)
692008-10-16 NOTICE OF CHANGE OF ADDRESS by Alexis Lucia Leist on behalf of The City of New York. New Address: The City of New York Law Department, 100 Church Street, New York, New York, USA 10007, 212-788-0971. (Leist, Alexis) (Entered: 10/16/2008)
702008-10-23 ORDER: Defendants shall file and serve their motion for summary judgment on or before 11/17/2008. Plaintiffs' opposition papers shall be filed and served upon opposing counsel on or before 12/17/2008. Defendants' reply shall be filed and served on or before 1/16/2009. (Signed by Judge Richard J. Sullivan on 10/22/08) (tro) (Entered: 10/23/2008)
712008-11-19 ORDER For the reasons set forth in this order, the request for the extension is granted accordingly: Defendants brief shall be filed and served on or before December 1, 2008; Plaintiffs opposition papers shall be filed and served on or before January 7, 2009; and Defendants reply shall be filed and served on or before February 6, 2009. (Signed by Judge Richard J. Sullivan on 11/14/08) (mme) (Entered: 11/19/2008)
722008-12-01 MOTION for Summary Judgment and Failure to State A Claim. Document filed by The City of New York, Raymond W. Kelly, Staples.(Leist, Alexis) (Entered: 12/01/2008)
732008-12-01 DECLARATION of Alexis Leist in Support re: 72 MOTION for Summary Judgment and Failure to State A Claim.. Document filed by The City of New York, Raymond W. Kelly, Staples. (Attachments: # 1 Exhibit Exhibit A-F, # 2 Exhibit Exhibit F (cont1), # 3 Exhibit Exhibit F (cont2), # 4 Exhibit Exhibit F (cont3), # 5 Exhibit Exhibit F (cont4), # 6 Exhibit Exhibit F (cont5), # 7 Exhibit Exhibit F (cont6), # 8 Exhibit Exhibit F (cont7), # 9 Exhibit Exhibit G (cont1), # 10 Exhibit Exhibit G (cont2), # 11 Exhibit Exhibit G (cont3), # 12 Exhibit Exhibit G (cont4), # 13 Exhibit Exhibit G (cont5), # 14 Exhibit Exhibit G (cont6), # 15 Exhibit Exhibit G (cont7), # 16 Exhibit Exhibit I (cont1), # 17 Exhibit Exhibit I (cont2), # 18 Exhibit Exhibit J, # 19 Exhibit Exhibit J (cont1), # 20 Exhibit Exhibit J (cont2) - K, # 21 Exhibit Exhibit K (cont1) - L, # 22 Exhibit Exhibit L (cont1) - M, # 23 Exhibit Exhibit N, # 24 Exhibit Exhibit N (cont1), # 25 Exhibit Exhibit N (cont2) - O, # 26 Exhibit Exhibit O (cont1), # 27 Exhibit Exhibit O (cont2), # 28 Exhibit Exhibit O (cont3) - V, # 29 Exhibit Exhibit F (cont8) - G, # 30 Exhibit Exhibit M (cont1))(Leist, Alexis) (Additional attachment(s) added on 9/28/2010: # 31 Exhibit Q) (ad). (Entered: 12/01/2008)
742008-12-01 RULE 56.1 STATEMENT. Document filed by The City of New York, Raymond W. Kelly, Staples. (Mirro, James) (Entered: 12/01/2008)
752008-12-01 MOTION for Summary Judgment (Memorandum of Law in Support). Document filed by The City of New York, Raymond W. Kelly, Staples.(Mirro, James) Modified on 1/27/2009 (jar). (Entered: 12/01/2008)
762008-11-25 TRANSCRIPT of proceedings held on 10/17/2008 before Judge Richard J. Sullivan. (cg) (Entered: 12/03/2008)
772008-11-05 TRANSCRIPT of proceedings held on 10/17/08 before Judge Richard J. Sullivan. (ama) (Entered: 12/19/2008)
782009-01-08 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Alexis L. Leist dated 1/8/09 re: Counsel seeks permission to submit a brief sur-reply of no longer than two pages, without exhibits, by January 8, 2009. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Sullivan on 1/8/09) (mme) (Entered: 01/09/2009)
792009-01-21 ORDER: The Court is in receipt of Plaintiffs' letter dated January 19, 2009, and Defendants' letter in response dated January 20, 2009. the Court will hold a telephone conference with counsel for the above captioned parties with respect to this matter on Wednesday, January 21, 2009 at 5:00 p.m. Counsel for all parties are directed to gather on one conference line at the appointed time and call chambers at (212) 805-0264 when all are present. So Ordered (Signed by Judge Richard J. Sullivan on 1/21/09) (js) (js). (Entered: 01/21/2009)
802009-01-23 ORDER: Accordingly, Plaintiffs' motion to reopen discovery is denied. Nevertheless, the Court grants Plaintiffs' request for a limited extension of time in which to file their brief in opposition to Defendants' summary judgment motion. Accordingly, the briefing schedule is amended as follows: Plaintiffs' opposition papers shall be filed and served on or before 1/26/09; and Defendants' reply shall be filed and served on or before 2/25/09. (Signed by Judge Richard J. Sullivan on 1/23/09) (tro) (Entered: 01/23/2009)
812009-01-26 MEMORANDUM OF LAW in Opposition re: 72 MOTION for Summary Judgment and Failure to State A Claim., 75 MOTION for Summary Judgment.. Document filed by Michael Marcavage, Steven C.. Lefemine. (Raum, Brian) (Entered: 01/26/2009)
822009-01-26 COUNTER STATEMENT TO 74 Rule 56.1 Statement. Document filed by Michael Marcavage, Steven C.. Lefemine. (Raum, Brian) (Entered: 01/26/2009)
832009-01-26 DECLARATION of Brian W. Raum in Opposition re: 72 MOTION for Summary Judgment and Failure to State A Claim., 75 MOTION for Summary Judgment.. Document filed by Michael Marcavage, Steven C.. Lefemine. (Attachments: # 1 Exhibit A-E)(Raum, Brian) (Entered: 01/26/2009)
842009-01-26 NOTICE OF CHANGE OF ADDRESS by Brian William Raum on behalf of Michael Marcavage, Steven C.. Lefemine. New Address: Alliance Defense Fund, 15100 N. 90th Street, Scottsdale, Arizona, USA 85260, (480) 444-0020. (Raum, Brian) (Entered: 01/26/2009)
852009-02-05 TRANSCRIPT of proceedings held on 1/21/09 before Judge Richard J. Sullivan. (tro) (Entered: 02/06/2009)
862009-02-24 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Alexis L. Leist dated 2/23/09 re: Counsel requests a brief extension of the submission date for their reply brief on their motion for summary judgment to Friday, March 6, 2009. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Sullivan on 2/24/09) (mme) Modified on 3/11/2009 (mme). (Entered: 02/24/2009)
872009-03-05 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Alexis L. Leist dated 3/4/09 re: Defendants write to request permission to file a fifteen page reply brief on our motion for summary judgment currently due Friday, March 6, 2009. Plaintiffs' counsel has consented to this request. Thank you for your consideration. ENDORSEMENT: Request Denied. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/5/09) (db) (Entered: 03/05/2009)
882009-03-06 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 72 MOTION for Summary Judgment and Failure to State A Claim., 75 MOTION for Summary Judgment.. Document filed by The City of New York, Raymond W. Kelly, Staples. (Attachments: # 1 Reply Statement Of Undisputed Facts)(Mirro, James) Modified on 3/9/2009 (jar). (Entered: 03/06/2009)
892009-03-09 REPLY MEMORANDUM OF LAW in Support re: 72 MOTION for Summary Judgment and Failure to State A Claim., 75 MOTION for Summary Judgment.. Document filed by The City of New York, Raymond W. Kelly, Staples. (Mirro, James) (Entered: 03/09/2009)
902009-03-09 RULE 56.1 STATEMENT. Document filed by The City of New York, Raymond W. Kelly, Staples. (Mirro, James) (Entered: 03/09/2009)
912009-04-24 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Magistrate Judge James C. Francis on 4/24/09) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(js) (Entered: 04/24/2009)
922009-05-08 ORDER: For the reasons stated on the record during the conference that was held on May 6, 2009, Defendants' motion for reconsideration of the Court's February 26, 2009 order is denied. The Clerk of Court is hereby directed to terminate the following motions set forth within. (Signed by Judge Richard J. Sullivan on 5/8/2009) (jfe) (Entered: 05/08/2009)
932009-05-11 ORDER: The Clerk of the Court is directed to docket the attached letters dated February 1, 2008 and May 7, 2009. (Signed by Judge Richard J. Sullivan on 5/11/09) (tro) (Entered: 05/12/2009)
942009-05-12 LETTER addressed to Magistrate Judge James C. Francis IV from Deborah Hrbek dated 2/1/08, Re: Further to this court's Order dated January 18, 2008, the non-party New York City Chapter of the National Lawyers Guild (NLG-NYC) respectfully submits the enclosed 574 pages of documents that are responsive to the above referenced subpoena duces tecum, as modified by the City of New York in Mr. Beck's letter dated September 13, 2007. Associated Cases: 1:04-cv-07922-RJS-JCF et al.(ae) (Entered: 05/14/2009)
952009-05-12 LETTER addressed to Magistrate Judge James C. Francis IV from Deborah Hrbek dated 5/7/09 re: As requested, I write to confirm the NLG-NYC's consent to the cover letter dated February I, 2008 that accompanied the in camera submission to Judge Francis being placed in the court file. Associated Cases: 1:04-cv-07922-RJS-JCF et al.(ae) (Entered: 05/14/2009)
962009-05-18 NOTICE OF APPEARANCE by Steven A. Soulios on behalf of Michael Marcavage, Steven C.. Lefemine (Soulios, Steven) (Entered: 05/18/2009)
972009-05-20 ORDER, the Clerk of the Court is respectfully directed to reinstate the Defendants' motion for summary judgment docketed as Document #72 that had been previously terminated. (Signed by Judge Richard J. Sullivan on 5/20/09) (cd) (Entered: 05/21/2009)
982009-06-05 ORDER...A pretrial conference having been held on June 5, 2009, it is hereby ORDERED that any plaintiff whose motion to amend the complaint was granted by my Memorandum and Order dated January 23, 2008 (Schiller v. City of New York, 2008 WL 200021), and who has not filed an amended pleading conforming to that order, may do so pursuant to a stipulation with defendants no later than June 30, 2009 or, if defendants do not agree to amendment, may serve and file a motion to amend by that date. (Signed by Magistrate Judge James C. Francis on June 5, 2009) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(ad) (Entered: 06/05/2009)
992009-08-07 NOTICE OF CHANGE OF ADDRESS by Jeffrey A. Shafer on behalf of Michael Marcavage, Steven C.. Lefemine. New Address: (202) 393-8690. (Shafer, Jeffrey) (Entered: 08/07/2009)
1002009-09-03 ORDER: For reasons further set forth in said Order, and on the record during the May 6, 2009 conference, the Court finds that Magistrate Judge Francis' February 20 Order quashing the Subpoena was not clearly erroneous or contrary to law. Accordingly, the Court affirms the February 20 Order and denies Defendants' Objections. The Clerk of the Court is respectfully directed to terminate the following docket entries: No. 04 Civ. 7921, Doc. Nos. 153, 154, and 161. (Signed by Judge Richard J. Sullivan on 9/3/09) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(db) (Entered: 09/08/2009)
1012009-09-14 ORDER: The Court will hold oral argument with respect to Defendants' motion for summary judgment in the above-captioned case. The Parties are directed to appear on September 22, 2009 at 10:00 am at Courtroom 21C at 500 Pearl Street, New York, New York, 10007. (Signed by Judge Richard J. Sullivan on 9/14/2009) (jfe) (Entered: 09/15/2009)
1022009-09-18 ORDER: The Court is in receipt of a letter from Plaintiff, reflecting the consent of all parties, requesting that the oral argument currently scheduled at 10:00 a.m. on September 22, 2009, be rescheduled for later in the day. The parties are hereby directed to appear for oral argument on September 22, 2009, at 12:00 p.m. So Ordered (Signed by Judge Richard J. Sullivan on 9/18/09) (js) (Entered: 09/21/2009)
1032009-10-15 TRANSCRIPT of proceedings held on September 22, 2009 at 12:20 pm before Judge Richard J. Sullivan. (eef) (Entered: 10/15/2009)
1042010-06-10 ORDER Pretrial Conference for all Republican National Convention cases set for 6/16/2010 at 09:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis. (Signed by Magistrate Judge James C. Francis on 6/10/10) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies sent by chambers.(cd) (Entered: 06/10/2010)
1052010-06-14 ORDER: Pretrial Conference adjourned 6/21/2010 at 09:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis. (Signed by Magistrate Judge James C. Francis on 6/14/2010) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers.(tve) (Entered: 06/14/2010)
1062010-06-22 ORDER. The parties shall commence or continue the remaining policy depositions (witnesses Cohen, Esposito, Graham, Colgan, Devlin, Brown, and McManus) within 30 days of the date that all appeals of the intelligence document ("Field Reports") issue is resolved and shall complete those depositions within 60 days thereafter. By July 15, 2010, counsel shall advise the Court whether there are any disputes regarding the scope or duration of the remaining policy depositions, and, if so, defendants shall submit a letter motion requesting any appropriate relief. Pursuant to the mandate of the Second Circuit in In re City of New York, No. 10-0237, plaintiffs' motion to compel production of the Field Reports is denied. (Signed by Magistrate Judge James C. Francis on 6/21/10) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers.(rjm) (Entered: 06/22/2010)
1072010-07-20 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Michael Spiegel dated 7/16/2010 re: Counsel writes on behalf of both parties to respectfully propose a briefing schedule concerning defendants' 7/15/2010, application for a protective order barring the deposition of NYPD Commissioner of Public Information Paul Browne. With the Court's permission, plaintiff will submit their opposition on or before 8/20/2010, and defendants will reply by 8/31/2010. ENDORSEMENT: Application granted. (Responses due by 8/20/2010, Replies due by 8/31/2010.) (Signed by Magistrate Judge James C. Francis on 7/19/2010) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(tro) (Entered: 07/20/2010)
1082010-07-22 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Alexis L. Leist dated 7/22/2010 re: Counsel requests an extension until 7/30/2010 to reply to plaintiffs' opposition to defendants' 7/15/2010 letter motion concerning fact witness depositions in the RNC Cases. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 7/22/2010) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(tro) (Entered: 08/03/2010)
1092010-09-29 MEMORANDUM AND ORDER granting 72 Motion for Summary Judgment. Because the Court finds in favor of Defendants on both the constitutionality of the City's policy and the existence of probable cause for Plaintiff's arrests, the qualified immunity defense is rendered moot. The Clerk of the Court is respectfully directed to terminate the motion located at document number 72 and close the case. (Signed by Judge Richard J. Sullivan on 9/29/10) (cd) (Main Document 109 replaced on 9/30/2010) (jar). (Entered: 09/30/2010)
1102010-09-30 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated September 29, 2010, defendants' motion for summary judgment is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/30/10) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 09/30/2010)
1112010-10-25 NOTICE OF APPEAL from 109 Order on Motion for Summary Judgment,, 110 Clerk's Judgment,. Document filed by Steven C.. Lefemine, Michael Marcavage. Filing fee $ 455.00, receipt number E 918891. (nd) (Entered: 10/25/2010)
1122010-10-29 MEMORANDUM AND ORDER that the defendants' application for imposition of time limits on depositions is denied without prejudice to the defendants' moving for a protective order if the questioning becomes abusive. In addition, prior to questioning a witness, each plaintiff's attorney shall represent that he or she is familiar with that witness' prior testimony. (Signed by Magistrate Judge James C. Francis on 10/29/10) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (cd) (Entered: 10/29/2010)
1132010-11-02 ORDER: Defendants' application is granted. Assuming that Deputy Commissioner Browne's deposition was noticed in a timely fashion, defendants reserved their right to object to it. Because Deputy Commissioner Browne has not been shown to possess unique, relevant information, he may avoid deposition as a high-ranking government official. Plaintiffs' application for an award of costs in connection with the instant application is denied. (Signed by Magistrate Judge James C. Francis on 11/2/2010) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (jpo) (Entered: 11/02/2010)
1142010-11-22 ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Christopher Dunn, dated 11/19/2010, re: On behalf of the plaintiffs and defendants in these two cases arising out of the Republican National Convention, counsel writes: Following the Second Circuit's October 22, 2010 order denying the plaintiffs' petition for rehearing en banc, we notified the City on November 4 that we did not intend to pursue further appeals (and the plaintiffs in MacNamara served a similar notice on November 8). With the 30-day clock having started, the parties immediately started discussing dates for resuming Deputy Commissioner Cohen's deposition. Because of prior commitments of counsel in MacNamara, however, the first available date turns out to be December 17. I therefore request that you modify your order to allow the policy depositions to resume by December 17, 2010. I also request that you extend the completion date to 60 days after that date, as the current cut-off of early January is simply unrealistic, given the upcoming holidays and that other high-level witnesses will need to be deposed whom we cannot even settle upon until we have deposed Deputy Commissioner Cohen. ENDORSEMENT: DOCKET AND FILE IN ALL RELATED CASES. Application granted. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 11/22/2010) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. (lnl) (Entered: 11/22/2010)
1152011-02-15 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Peter G. Farrell dated 2/14/2011 re: request that the Court approve the briefing schedule agreen to by the parties to address the issues arising at the continued deposition of Chief of Department Joseph Esposito. Defendants will move by 2/18/2011. ENDORSEMENT: Application granted. Judge's Initials are to appear on all papers submited to this court. ( Motions due by 2/18/2011.) (Signed by Magistrate Judge James C. Francis on 2/15/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(jar) (Entered: 02/15/2011)
1162011-02-15 ENDORSED LETTER addressed to James C. Francis, IV from Jonathan Moore dated 2/14/11 re: counsel for plaintiff, and on behalf of plaintiffs' counsel in all RNC cases with an interest in the continued depositions of current or former NYPD Chiefs Esposito, Devlin, Colgan and Graham and the deposition of retired Chief McManus, we write to request an extension of the February 15, 2011 deadline for completing these depositions and a status conference to address scheduling. See 11/22/10 Endorsed Order attached hereto as Exhibit A (granting request to extend completion date for 60 days from December 17, 2010). ENDORSEMENT: Application denied. The November 22, 2010 Memorandum Endorsement does not reference Chief Esposito, and there is no basis for delaying other depositions until it is determined whether his has been completed. All remaining policy depositions shall be completed by March 15, 2011. ( Deposition due by 3/15/2011.) (Signed by Magistrate Judge James C. Francis on 2/15/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(pl) Modified on 2/16/2011 (pl). (ENDORSEMENT: Docket in all RNC Cases. Docketed in lead case 04cv7922 as per instructions from Chambers). (Entered: 02/16/2011)
1172011-03-14 ENDORSED LETTER: addressed to Magistrate Judge James C. Francis from Odile M. Farrell dated 3/11/2011 re: Accordingly, the parties respectfully request that the deadline for completing Chief Devlin's deposition be extended to April 7, 2011. the parties also request permission to complete Chief McManus' deposition on 3/17/2011. ENDORSEMENT: The request to complete Chief McManus' deposition on March 17, 2011 is granted. The request to complete Chief Devlin's deposition on April 6-7 is denied. Counsel had no reason to expect that I would grant plaintiffs' request to delay other depositions until Chief Esposito's was completed. Counsel shall make arrangements to complete Chief Devlin's deposition forthwith. So Ordered. (Signed by Magistrate Judge James C. Francis on 3/14/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(js) (Entered: 03/14/2011)
1182011-05-09 ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Christopher Dunn dated May 3, 2011 re: I write to follow up on the telephone conference the Court had with the parties on April 21. Since that conference, a group of plaintiffs' counsel handling many of the pending RNC cases has met, and I have spoken with Mr. Farrell. Having conferred with Mr. Farrell and many of plaintiffs' counsel, it appears that the week of May 23 is the earliest reasonable time for the conference, and we therefore propose that you schedule a conference for that week. As for the status of fact discovery, we completed the deposition of Chief Esposito on April 22. On April 27 (the day after the meeting with other counsel), I sent to Mr. Farrell a list of requests for factual information bearing on the City's intelligence defense. ENDORSEMENT: The pretrial conference will be held May 26, 2011 at 9:00 a.m. in Courtroom 9-B. Counsel should be prepared to discuss scheduling of dispositive motion as well as completion of any residual discovery. SO ORDERED. ( Pretrial Conference set for 5/26/2011 at 09:00 AM in Courtroom 9B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 5/9/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(jmi) (Entered: 05/10/2011)
1192011-05-24 ORDER Conference set for 6/15/2011 at 04:45 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 5/24/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) (Entered: 05/24/2011)
1202011-06-20 ORDER The parties shall make a joint submission no later than 7/1/11, confirming the two mass arrest locations to be briefed on summary judgment with respect to the issue of group probable cause. Expert Discovery due by 9/1/2011. Contention interrogatories to be completed by 9/1/11. Motions for summary judgment due by 10/3/2011. Responses due by 11/3/2011, Replies due by 11/23/2011. Class counsel in MacNamara v City of NY, 04cv9216 shall submit a revised version of the proposed class notice no later than 7/1/11. The request to amend the complaints in Coburn v City of NY, 05cv7623 and Phillips v City of NY, 05cv7624, is denied as untimely, since the time to amend expired on 6/30/09. Plaintiffs shall collaborate int he choice of their two additional representatives, and counsel to attend the conference shall contact the Court to confirm a conference date no later than 6/24/11. (Signed by Judge Richard J. Sullivan on 6/20/11) Copy mailed by ChambersFiled In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) Modified on 6/22/2011 (ad). (Entered: 06/21/2011)
1212011-06-28 ORDER: The request to defer expert discovery with respect to the excessive detention and conditions claims is HEREBY DENIED. As set forth in the Court's Order dated 6/20/2011, the deadline to complete all expert discovery with respect to liability is 9/1/2011. (Discovery due by 9/1/2011.) (Signed by Judge Richard J. Sullivan on 6/27/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (tro) (Entered: 06/28/2011)
1222011-06-29 ORDER: The Court is in receipt of a letter from Plaintiffs' counsel in Schiller v. City of New York, 04 Civ. 7922 (RJS), and Dinler v. City of New York, 04 Civ. 7921 (RJS), dated June 27, 2011, proposing the following expert discovery schedule: (1) initial expert disclosures by all parties by July 15, 2011; (2) rebuttal expert disclosures by August 12, 2011; and (3) completion of all expert discovery by September 1, 2011. The Court is also in receipt of a letter from Defendants dated June 28, 2011, opposing Plaintiffs' proposal and suggesting the following expert discovery schedule: (1) Plaintiffs' expert disclosures by July 15, 2011; (2) Defendants' expert disclosures by August 12, 2011; and (3) completion of all expert discovery by September 1, 2011. The Court is also in receipt of a letter from class counsel in MacNamara v. City of New York, 04 Civ. 9216 (RJS), dated June 28, 2011, concurring with the request for rebuttal experts but opposing the schedule proposed by Plaintiffs' counsel in Schiller and Dinler. Since the related RNC cases remain referred to Magistrate Judge Francis for discovery purposes, the parties are advised to consult Judge Francis with respect to the sequencing of expert discovery, which shall in any event be completed no later than September 1, 2011 pursuant to the Court's Orders dated June 20, 2011 and June 27, 2011. (Signed by Judge Richard J. Sullivan on 6/28/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (jfe) (Entered: 06/29/2011)
1232011-07-05 ORDER. The Court HEREBY ORDERS that the deadline to complete all expert discovery is adjourned to September 16, 2011. However, the parties are advised that the briefing schedule set forth in the Court's Order dated June 20, 2011 remains unchanged: Opening Briefs: October 3, 2011. Opposition Briefs: November 3, 2011. Reply Briefs: November 23, 2011. No further extensions will be granted. (All Expert Discovery due by 9/16/2011.) (Signed by Judge Richard J. Sullivan on 7/1/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (rjm) Modified on 7/5/2011 (rjm). (Entered: 07/05/2011)
1242011-07-05 ORDER: It is hereby ordered that, 1. Any counsel other than the New York City Law Department I the New York Civil Liberties Union, Beldock Levine & Hoffman LLP, and Jeffrey A. Rothman who intend to proffer any liability expert and who have not previously produced an expert report for any such expert shall notify the Court in writing by July 8, 2011; 2. With respect to the issues of group probable cause, the "no summons" policy, and blanket fingerprinting, plaintiffs have represented that they will not proffer expert evidence on their case in chief. The defendants shall therefore produce their expert reports and related materials for these issues by August 1, 2011. Plaintiffs shall produce any rebuttal expert reports and related materials by August 24, 2011. All expert discovery shall be completed by September 16, 2011; 3. With respect to the issues of conditions of confinement and excessive detention, the plaintiffs have represented that they will proffer expert evidence on their case in chief. The plaintiffs shall therefore produce their expert reports and related materials for these issues by August 1, 2011. Defendants shall produce any rebuttal expert reports and related materials by August 24, 2011. All expert discovery shall be completed by September 16, 2011. ( Discovery due by 9/16/2011., Request for Production of Documents due by 8/1/2011.) (Signed by Magistrate Judge James C. Francis on 7/5/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (laq) Modified on 7/15/2011 (laq). (Entered: 07/06/2011)
1252011-07-18 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Michael L. Spiegel dated 7/12/11 re: counsel for plaintiff writes re Your Honor's July 5, 2011, Order, which states that counsel "who intend to proffer any liability expert and who have not previously produced an expert report for any such expert shall notify the Court in writing by July 8, 2011. (With respect to the deadline set, I respectfully request that the Court accept this tardy notification-I was out of my office for the past week.) Plaintiffs read this Court's July S, 2011, Order, however, to require the production by August 1, 2011, of disclosures under F.R.Civ.P. 26(a)(2)(C), i.e., a "summary of the facts and opinions to which the witness is expected to testify." ENDORSEMENT: Mr. Kahl will not be excluded from testifying based on the minimal delay in responding to my July 5, 2010 order, since the defendants have already deposed him and have suffered no prejudice. However, prior to the August 1, 2011 deadline for submission of expert material, plaintiffs should reconsider whether they wish to proffer him as an expert, since it appears unlikely that he will pass muster under Daubert. (Signed by Magistrate Judge James C. Francis on 7/15/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(pl) Modified on 7/18/2011 (pl). (Entered: 07/18/2011)
1262011-08-12 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Jeffrey A. Dougherty dated 8/11/11 re: counsel for defendants request that Your Honor "so order" the parties agreement that the RNC Plaintiff's identified in Appendix A, will provide responses to Defendants' contention interrogatories on or before August 19, 2011. ENDORSEMENT: Application granted. So Ordered. Docket & file in all related cases. ( Answer to Interrogatories due by 8/19/2011.) (Signed by Magistrate Judge James C. Francis on 8/11/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(pl) Modified on 8/12/2011 (pl). (Entered: 08/12/2011)
1272011-08-19 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Curt P. Beck dated 8/5/2011 re: Counsel for the Defendants writes to request an Order precluding plaintiffs from relying upon in any fashion the document (or the information contained therein) attached as Exhibit A and bates stamped DM 3000-3003. ENDORSEMENT: Docket and file in 04 Civ. 7922(RJS) and all related cases. Application granted. The document at issue was created in 2004 and yet was not disclosed to defendants' counsel until well after the fact discovery period has closed. (Signed by Magistrate Judge James C. Francis on 8/19/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. (ab) (Entered: 08/19/2011)
1282011-09-29 ORDER. IT IS HEREBY ORDERED THAT Plaintiffs shall submit a joint letter to the Court no later than Friday, September 30, 2011 indicating: (1) whether they consent to Defendants' request, and (2) the number, and expected length, of briefs Plaintiffs expect to file in connection with the summary judgment motions. (Signed by Judge Richard J. Sullivan on 9/29/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (rjm) (Entered: 09/30/2011)
1292011-09-30 ORDER: It is hereby ordered that each side shall submit briefs totaling no more than one hundred and fifty (150) pages. For the sake of clarification, this means that all Plaintiffs, collectively, shall submit no more than 150 pages of briefing in total. It is further ordered that each side (as defined above) shall submit with their briefs no more than a total of 100 exhibits and 25 affidavits or declarations. No exhibit shall exceed 30 pages, and no declaration shall exceed 20 pages. So Ordered (Signed by Judge Richard J. Sullivan on 9/30/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (js) (Entered: 10/03/2011)
1302011-09-30 ORDER: Accordingly, It is hereby ordered that the parties shall submit Rule 56.1 Statements of Undisputed Facts and Declarations with citations but with only select supporting documents within the limit articulated in the Court's earlier September 30, 2011 Order. In the event that a fact is disputed by an opposing party, the party asserting the fact shall have an opportunity to produce the relevant document. Additionally, parties may refer to documents already in the record without providing them again. So Ordered (Signed by Judge Richard J. Sullivan on 9/30/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (js) (Entered: 10/03/2011)
1312011-10-03 MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy. Document filed by The City of New York. Responses due by 11/3/2011Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
1322011-10-03 RULE 56.1 STATEMENT. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
1332011-10-03 DECLARATION of Carl R. Holmberg in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
1342011-10-03 DECLARATION of Brian M. Jenkins in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
1352011-10-03 DECLARATION of David Cohen in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
1362011-10-03 DECLARATION of Jeffrey A. Dougherty in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. (Attachments: # 1 Exhibit A - B, # 2 Exhibit B (cont.) - D, # 3 Exhibit D (cont.) - E, # 4 Exhibit E (Cont.) - F, # 5 Exhibit G - H, # 6 Exhibit H (cont.) - J, # 7 Exhibit K - L, # 8 Exhibit L (cont.) - N, # 9 Exhibit N (cont.), # 10 Exhibit N (cont.) - O, # 11 Exhibit O (cont.), # 12 Exhibit P, # 13 Exhibit Q, # 14 Exhibit Q (cont.) - R)Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
1372011-10-03 MEMORANDUM OF LAW in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
1382011-10-04 DECLARATION of David Cohen in Support re: (214 in 1:05-cv-01563-RJS-JCF, 81 in 1:05-cv-07575-RJS-JCF, 88 in 1:05-cv-07548-RJS-JCF, 80 in 1:05-cv-07536-RJS-JCF, 267 in 1:04-cv-07921-RJS-JCF, 129 in 1:05-cv-09930-RJS -JCF, 180 in 1:05-cv-07624-RJS-JCF, 193 in 1:05-cv-07623-RJS-JCF, 202 in 1:05-cv-01571-RJS-JCF, 85 in 1:05-cv-01574-RJS-JCF, 146 in 1:05-cv-07672-RJS-JCF, 176 in 1:05-cv-09484-RJS-JCF, 57 in 1:07-cv-07741-RJS-JCF, 134 in 1:05-cv-09483-RJS-JCF, 105 in 1:05-cv-05268-RJS-JCF, 74 in 1:07-cv-07752-RJS-JCF, 211 in 1:05-cv-06780-RJS-JCF, 184 in 1:05-cv-01567-RJS-JCF, 178 in 1:05-cv-07673-RJS-JCF, 169 in 1:05-cv-01562-RJS-JCF, 105 in 1:05-cv-09985-RJS-JCF, 83 in 1:05-cv-02927-RJS-JCF, 181 in 1:05-cv-07670-RJS-JCF, 81 in 1:05-cv-05150-RJS-JCF, 204 in 1:05-cv-05080-RJS-JCF, 118 in 1:05-cv-03705-RJS-JCF, 175 in 1:05-cv-07579-RJS-JCF, 62 in 1:05-cv-09940-RJS-JCF, 214 in 1:05-cv-07577-RJS-JCF, 68 in 1:05-cv-10010-RJS-JCF, 135 in 1:04-cv-10178-RJS-JCF, 88 in 1:05-cv-03616-RJS-JCF, 50 in 1:05-cv-09987-RJS-JCF, 43 in 1:08-cv-09098-RJS-JCF, 77 in 1:05-cv-07025-RJS-JCF, 105 in 1:05-cv-07546-RJS-JCF, 72 in 1:07-cv-07751-RJS-JCF, 578 in 1:04-cv-07922-RJS-JCF, 97 in 1:05-cv-07626-RJS-JCF, 167 in 1:05-cv-01568-RJS-JCF, 79 in 1:05-cv-06193-RJS-JCF, 124 in 1:05-cv-07026-RJS-JCF, 66 in 1:05-cv-10024-RJS-JCF, 94 in 1:07-cv-07683-RJS-JCF, 181 in 1:05-cv-01565-RJS-JCF, 98 in 1:05-cv-01573-RJS-JCF, 56 in 1:06-cv-01779-RJS-JCF, 74 in 1:05-cv-06918-RJS-JCF, 450 in 1:04-cv-09216-RJS -JCF, 131 in 1:05-cv-04949-RJS-JCF, 51 in 1:05-cv-07789-RJS-JCF, 84 in 1:05-cv-07625-RJS-JCF, 82 in 1:07-cv-07678-RJS-JCF, 109 in 1:05-cv-07541-RJS-JCF, 105 in 1:06-cv-00433-RJS-JCF, 109 in 1:05-cv-09738-RJS-JCF, 96 in 1:05-cv-01569-RJS-JCF, 78 in 1:05-cv-03478-RJS-JCF, 267 in 1:05-cv-08453-RJS-JCF, 86 in 1:05-cv-09974-RJS-JCF, 146 in 1:05-cv-07668-RJS-JCF, 87 in 1:05-cv-07547-RJS-JCF, 119 in 1:05-cv-05528-RJS-JCF, 111 in 1:05-cv-05152-RJS-JCF, 193 in 1:05-cv-01566-RJS-JCF, 87 in 1:05-cv-02910-RJS-JCF, 204 in 1:05-cv-01570-RJS-JCF, 138 in 1:05-cv-07669-RJS-JCF, 150 in 1:05-cv-07580-RJS-JCF, 208 in 1:05-cv-01564-RJS-JCF, 191 in 1:05-cv-01572-RJS-JCF, 51 in 1:07-cv-07583-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/04/2011)
1392011-10-20 ORDER: Accordingly, IT IS HEREBY ORDERED THAT Defendants' request to prevent Plaintiffs from relying on documents not submitted to the Court is denied. To the extent that Defendants dispute facts set forth in Plaintiffs' Rule 56.1 statements, they may require Plaintiffs to produce supportive documents. Because enlarged briefing is likely necessary to allow the parties to respond to one another's voluminous submissions accompanying the summary judgment motions, IT IS FURTHER ORDERED THAT the parties may file opposition submissions consistent with the limitations set forth in the Court's September 30, 2011 Order. However, because the briefing schedule has been in place since July, and the Court sees no need for an extension of time, IT IS FURTHER ORDERED THAT Plaintiffs' request for an extension of the briefing schedule is denied. (Signed by Judge Richard J. Sullivan on 10/20/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (jfe) (Entered: 10/21/2011)
1402011-11-22 ORDER: The Court is in receipt of the following submissions: (1) a letter from Defendants, dated November 18, 2011, requesting that the Court permit Defendants to file enlarged submissions in their forthcoming reply briefing; and (2) a letter from Plaintiffs, dated November 21, 2011, consenting to Defendants' request and also requesting leave to file expanded submissions. Accordingly, IT IS HEREBY ORDERED THAT each side shall submit reply briefs totaling no more than seventy-five (75) pages. For the sake of clarification, this means that all Plaintiffs, collectively, shall submit no more than 75 pages of briefing in total. IT IS FURTHER ORDERED THAT, to the extent that the parties file exhibits not previously submitted to support facts in their Rule 56.1 Statements that an opposing party has disputed, the limits on the number and length of exhibits do not apply. However, the parties are directed to limit such exhibits to provide only the relevant and necessary portions. (Signed by Judge Richard J. Sullivan on 11/22/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. ***as per Chambers. Copies Mailed By Chambers. (mro) (Entered: 11/22/2011)
1412011-11-23 REPLY MEMORANDUM OF LAW in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York, The City of New York, The City of New York, The City of New York, The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Shammas, Cheryl) (Entered: 11/23/2011)
1422011-11-23 RULE 56.1 STATEMENT. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Shammas, Cheryl) (Entered: 11/23/2011)
1432011-11-23 DECLARATION of Jeffrey Dougherty in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. (Attachments: # 1 Exhibit A to C, # 2 Exhibit D, E, # 3 Exhibit F, # 4 Exhibit F Continued, # 5 Exhibit G, H, # 6 Exhibit I to N, # 7 Exhibit O to S, # 8 Exhibit T to V)Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Shammas, Cheryl) (Entered: 11/23/2011)
1442011-12-14 ORDER: Accordingly, IT IS HEREBY ORDERED THAT Plaintiffs may physically file the DVD described in their letter with the Clerk of the Court. IT IS FURTHER ORDERED THAT Plaintiffs shall file any documents in support of disputed facts in their Rule 56.1 Statements no later than December 21, 2011. As stated in the Court's November 22, 2011 Order, Plaintiffs are directed to limit such exhibits to provide only the relevant and necessary portions. (Signed by Judge Richard J. Sullivan on 12/14/2011) Copies Mailed By ChambersFiled In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) (Entered: 12/14/2011)
1452011-12-14 ORDER: Accordingly, IT IS HEREBY ORDERED THAT Plaintiffs' motion is deemed made. The Court reserves judgment on the motion and will rule on it when it rules on Defendants' motion for summary judgment on the no-summons and fingerprinting policies. (Signed by Judge Richard J. Sullivan on 12/14/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (cd) (Entered: 12/14/2011)
1462011-12-14 ORDER: no later than December 19, 2011, all Plaintiffs in related RNC cases shall submit a joint letter to the Court definitively setting forth which Plaintiffs join which motions and briefing. (Signed by Judge Richard J. Sullivan on 12/14/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (cd) (Entered: 12/14/2011)
1472011-12-23 DVD of Fulton Street Video by Jon Fine dated 8/31/04. ***Accepted for filing by the Honorable Richard J. Sullivan on 12/14/11, document #619. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(mro) (Entered: 12/27/2011)
1482011-12-08 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Jeffrey A. Dougherty dated 12/6/2011 re: Accordingly, Defendants respectfully request that Your Honor "so order" the Clerk of Court to accept and file discs "under seal" containing Defendants' rely papers regarding their motion for summary judgment consisting of: (1) Defendants' Reply Brief; (2) Defendants' Reply 56.1 Statement; and (3) the Declaration of Jeffrey A. Dougherty dated November 23, 2011 in each of the forty-three RNC Consolidated Cases listed in Appendix A. annexed hereto. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/7/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(djc) (Entered: 12/29/2011)
1492012-04-10 ORDER: Accordingly, IT IS HEREBY ORDERED THAT the parties shall appear for oral argument regarding the parties' cross-motions on May 14, 2012 at 3:00 p.m. Each side will have one hour to argue. Plaintiffs in the related cases shall consult among themselves to determine who will argue on behalf of Plaintiffs, and submit a letter no later than May 7, 2012 advising the Court as to that determination. ( Oral Argument set for 5/14/2012 at 03:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 4/10/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (mro) (Entered: 04/10/2012)
1502012-04-24 ORDER: It is hereby Ordered that the oral argument is adjourned to 5/31/12 at 3:30 p.m. ( Oral Argument set for 5/31/2012 at 03:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 4/23/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (jfe) (Entered: 04/24/2012)
1512012-05-25 ORDER: Plaintiffs shall open with argument on their summary judgment motions concerning mass arrests at Fulton Street and East 16th Street. Defendants shall respond to Plaintiffs arguments and present argument regarding their motion for summary judgment on the no summons policy. Plaintiffs may then use their remaining time to reply. Finally, Defendants may use their remaining time to reply regarding the no summons policy. (Signed by Judge Richard J. Sullivan on 5/25/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (pl) (Entered: 05/25/2012)
1522012-08-27 MANDATE of USCA (Certified Copy) as to 111 Notice of Appeal filed by Steven C.. Lefemine, Michael Marcavage USCA Case Number 10-4355. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/27/2012. (Attachments: # 1 Opinion)(nd) (Entered: 08/27/2012)
1532012-09-12 BILL OF COSTS docketed as Judgment #12,1625 on 9/12/2012 in favor of Defendants against Plaintiffs for the sum of $2,305.28.(lmb) (Entered: 09/13/2012)
1542012-09-30 OPINION AND ORDER: For the reasons set forth above,Defendants motions for summary judgment with respect to the false arrest claims at Fulton Street are HEREBY DENIED, and Plaintiffs motions for summary judgmentwith respect to the false arrest claims at Fulton Street are GRANTED. With respect to the false arrest claims at East 16th Street, Defendants and Plaintiffs cross-motions for summary judgment are DENIED. Defendants motions for summary judgment with respect to the constitutionality of the No-Summons and Fingerprinting Policies are GRANTED. Plaintiffs motions for summary judgment with respect to their state law fingerprinting claims are GRANTED, and Defendants motions are DENIED. Plaintiffs motion to strike is DENIED. re: (107 in 1:05-cv-05152-RJS-JCF) MOTION for Partial Summary Judgment filed by Elizabeth Starin, (214 in 1:05-cv-01563-RJS-JCF, 81 in 1:05-cv-07575-RJS-JCF, 88 in 1:05-cv-07548-RJS-JCF, 80 in 1:05-cv-07536-RJS-JCF, 267 in 1:04-cv-07921-RJS-JCF, 129 in 1:05-cv-09930-RJS -JCF, 180 in 1:05-cv-07624-RJS-JCF, 193 in 1:05-cv-07623-RJS-JCF, 202 in 1:05-cv-01571-RJS-JCF, 85 in 1:05-cv-01574-RJS-JCF, 146 in 1:05-cv-07672-RJS-JCF, 176 in 1:05-cv-09484-RJS-JCF, 57 in 1:07-cv-07741-RJS-JCF, 134 in 1:05-cv-09483-RJS-JCF, 105 in 1:05-cv-05268-RJS-JCF, 74 in 1:07-cv-07752-RJS-JCF, 211 in 1:05-cv-06780-RJS-JCF, 184 in 1:05-cv-01567-RJS-JCF, 178 in 1:05-cv-07673-RJS-JCF, 169 in 1:05-cv-01562-RJS-JCF, 105 in 1:05-cv-09985-RJS-JCF, 83 in 1:05-cv-02927-RJS-JCF, 181 in 1:05-cv-07670-RJS-JCF, 81 in 1:05-cv-05150-RJS-JCF, 204 in 1:05-cv-05080-RJS-JCF, 118 in 1:05-cv-03705-RJS-JCF, 175 in 1:05-cv-07579-RJS-JCF, 62 in 1:05-cv-09940-RJS-JCF, 214 in 1:05-cv-07577-RJS-JCF, 68 in 1:05-cv-10010-RJS-JCF, 135 in 1:04-cv-10178-RJS-JCF, 88 in 1:05-cv-03616-RJS-JCF, 50 in 1:05-cv-09987-RJS-JCF, 43 in 1:08-cv-09098-RJS-JCF, 77 in 1:05-cv-07025-RJS-JCF, 105 in 1:05-cv-07546-RJS-JCF, 72 in 1:07-cv-07751-RJS-JCF, 578 in 1:04-cv-07922-RJS-JCF, 97 in 1:05-cv-07626-RJS-JCF, 167 in 1:05-cv-01568-RJS-JCF, 79 in 1:05-cv-06193-RJS-JCF, 124 in 1:05-cv-07026-RJS-JCF, 66 in 1:05-cv-10024-RJS-JCF, 94 in 1:07-cv-07683-RJS-JCF, 181 in 1:05-cv-01565-RJS-JCF, 98 in 1:05-cv-01573-RJS-JCF, 56 in 1:06-cv-01779-RJS-JCF, 74 in 1:05-cv-06918-RJS-JCF, 450 in 1:04-cv-09216-RJS -JCF, 131 in 1:05-cv-04949-RJS-JCF, 51 in 1:05-cv-07789-RJS-JCF, 84 in 1:05-cv-07625-RJS-JCF, 82 in 1:07-cv-07678-RJS-JCF, 109 in 1:05-cv-07541-RJS-JCF, 105 in 1:06-cv-00433-RJS-JCF, 109 in 1:05-cv-09738-RJS-JCF, 96 in 1:05-cv-01569-RJS-JCF, 78 in 1:05-cv-03478-RJS-JCF, 267 in 1:05-cv-08453-RJS-JCF, 86 in 1:05-cv-09974-RJS-JCF, 146 in 1:05-cv-07668-RJS-JCF, 87 in 1:05-cv-07547-RJS-JCF, 119 in 1:05-cv-05528-RJS-JCF, 111 in 1:05-cv-05152-RJS-JCF, 193 in 1:05-cv-01566-RJS-JCF, 87 in 1:05-cv-02910-RJS-JCF, 204 in 1:05-cv-01570-RJS-JCF, 138 in 1:05-cv-07669-RJS-JCF, 150 in 1:05-cv-07580-RJS-JCF, 208 in 1:05-cv-01564-RJS-JCF, 191 in 1:05-cv-01572-RJS-JCF, 51 in 1:07-cv-07583-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy. filed by The City of New York, (101 in 1:05-cv-05268-RJS-JCF) MOTION for Summary Judgment Dismissing False Arrest Claims at Church/Fulton Streets. filed by The City of New York, (262 in 1:05-cv-08453-RJS-JCF) MOTION for Summary Judgment Dismissing False Arrest Claims at Church/Fulton Streets. filed by The City of New York, (565 in 1:04-cv-07922-RJS-JCF) MOTION for Summary Judgment Dismissing False Arrest Claims At Church/Fulton Streets. filed by All Defendants, (178 in 1:05-cv-09484-RJS-JCF) MOTION for Summary Judgment. filed by Joseph Lamendola, David Cohen, James Essig, Thomas Doepfner, Ruby Marin-Jordan, Kerry Sweet, Jeremiah Malone, Stephen Hammerman, Jonathan Quimby, John Colgan, Cuong Nguyen, Gerald Dieckmann, John and Jane Does, The City of New York, Remy Randall, Victor Perez, Daniel Ryan, James Rufle, (178 in 1:05-cv-07670-RJS-JCF) MOTION for Summary Judgment. filed by Betty Bastidas, Gregg Ross, Lauren Caspar, Jerel Walden, (262 in 1:04-cv-07921-RJS-JCF) MOTION for Summary Judgment. filed by James Essig, Raymond Kelly, City of New York, (76 in 1:07-cv-07678-RJS-JCF) MOTION for Partial Summary Judgment. filed by Janine Altongy, Debasri Ghosh, Megan Kennedy, Carre Adams, (187 in 1:05-cv-01572-RJS-JCF) MOTION for Summary Judgment Dismissing False Arrest Claims at Church/Fulton Streets. filed by All Defendants, (258 in 1:05-cv-08453-RJS-JCF) MOTION for Partial Summary Judgment. filed by Katharine Krassan, Adam Richins, John M. Miller, Barrett Z. Gross, Thomas Catchpole, Susan D'Ornellas, Selma Spritzer, Jeffrey A. Paterson, Adam Feinstein, Nathaniel Parry, Jennifer Janney, Jay Marx, Daniel Burns, Ruth Benn, Daniel W. Parrott, Ann Trudell, Susan Crane, Thomas Ivors, Frantz Walker, Sarah Kanouse, Tristan Migliore, Raissa Wu, Devon Rueckner, John Trinkl, Bruce Renwick, Stephen Gamboa, Lois A. Doggett, James J. White, Kathleen Burick, Joan Cavanagh, Christine Pardew, Oren Goldenberg, Edward F. Kinane, James Flynn, Lawrence Paris, Felton Davis, Patricia Debruhl, Gary Ashbeck, Kimberly Kern, Steven Scofield, Alexander Holley Drummond, David Barrows, Ellen Grady, Raymond Robinson, Howard J. Gale, John Behling, Andrew St. Laurent, Katherine Poe, Sarah Tepsic, Jonothan Logan, Ed Hedemann, Gordon William Sensiba, Teran Wilson, Benjamin Bernard, Diane Beeny, James Williamson, Jason Dorais, Anais Sensiba, David Gordon, Roger Hill, Chris G. Murray, Calla Evans, Shana Rigby, Edward Hotchkiss, Linnea Capps, Ryan D. Hottle, John Larson, Blossom Nicinski, Walter Ditman, James Wilson, Mark Colville, Matthew Wright, Tobiah Gaster, Daniel O'Reilly-Rowe, Ronald W. San Marchi, John Theodore Glick, Ellen Barfield, Michael Palmer, Steven Ekberg, Jay Kantor, Arun Bhalla, Edward Gibbons, Marc F. Church, Benjamin Hunt, Kathleen D. Hernandez, Joshua Knapp, Thomas Zambeck, Zachary Vreeland, Matthew Dietzen, Jennifer Wong, James Noonan, Laura Kressly, Richard Hardie, Tessa M. Lalonde, Stephen Petrick, Marielle Lovecchio, Laura Raymond, Pepper Judd, Theresa Swink, Dewayne Dickerson, Jared Lanctot, Lambert Rochfort, Dwight Jenkins, Janet S. Howe, Tarasik Abdell, Shannon Petrello, Joseph Amato, Colleen Cook, Matthew Kocek, Gabriel Gaster, Michael Joseph, Brian Kavanagh, Robert J. Siegel, Polly A. Davies, Deborah Riverbend, Ryan McGee, Barbara Ann Meisinger, Andrew Laken, Zachary C. Miller, Mora MI-OK Stephens, Charles Goldberg, Jeffery J. Cohen, Ronald E. Rosenberg, Frank Sanchez, III, Michael Becker, Mark Nechay, Theodore Glick, Christy Ann Turner, William Conwell, (210 in 1:05-cv-07577-RJS-JCF) MOTION for Summary Judgment. filed by All Defendants, (442 in 1:04-cv-09216-RJS -JCF) MOTION for Summary Judgment Dismissing False Arrest Claims at Church/Fulton Streets. filed by City of New York, (568 in 1:04-cv-07922-RJS-JCF) MOTION for Partial Summary Judgment. filed by Francesca Firoentini, Robert Curely, Michael Schiller, Neal Curley, (114 in 1:05-cv-03705-RJS-JCF) MOTION for Summary Judgment Notice of Motion. filed by William Tracey, Terrence Monahan, Matthew Delguadio, John J. Colgan, Raymond Kelly, New York City Police Officer Jose Perez, The City of New York, Bruce Smolka, James Franzo, James Essig, Joseph Esposito, Thomas Graham, Michael Bloomberg, Thomas Galati, Gerald Dieckmann, (127 in 1:04-cv-10178-RJS-JCF) MOTION for Partial Summary Judgment. filed by Carol Dudek, (209 in 1:05-cv-07577-RJS-JCF) MOTION for Summary Judgment. filed by All Defendants, (206 in 1:05-cv-05080-RJS-JCF) MOTION for Summary Judgment Notice of Motion. filed by Abdiel Anderson, Mark E. Keegan, Timothy Rogers, Kerry R. Sweet, Francisco Alcantara, John J. Colgan, Jane and John Does, Raymond Kelly, The City of New York, Eunpa Chun, Jessica Knatz, Linda Holmes, Charles Chaplar, Cynthia Rosario, Jorge Encarnacion, Sulman Zaheer, John Weiser, Stephen Hammerman, James Essig, Ruby Marin-Jordan, Joseph Esposito, David Cohen, Prince Williams, Thomas Doepfner, Darren Rock, Derrick Baity, Gregory Bell, Frank Marousek, Steven Ricca, Michael Bloomberg, Diane Hayes, Thomas Galati, Nicholas Gravino, Jack McManus, James Galati, Gerald Dieckmann, Julio Calle, (206 in 1:05-cv-07577-RJS-JCF) MOTION for Partial Summary Judgment (E. 16th Street). filed by All Plaintiffs, (174 in 1:05-cv-09484-RJS-JCF) MOTION for Partial Summary Judgment. filed by Brian Hurley, Rue Sakayama, Gabriel Cohn, Clifford Kaplan, Jaie Bosse, Robert Pietri, Althea Lewis, Haideen Anderson, James Steitz, Daniel Perry, David Zalk, Naimah Fowler, Michael Reilly, Nadgia Lara, Daniel Zarrella, Seth Wessler, Erica Mitrano, David Hill, David Maddox, Erik Henriksen, Nancy Diamond, Denise Rubinfeld, Emily Paine, Jesse Rosemoore, Scott O'Dierno, Benjamin Cody, Ryan Doxtader, Jessica Taft, Zachary Goldstein, Sada Stipe, Courtney Lee Adams, John Flanigan, Barbara Jane Harden Jones, Kristin Kojis, Michael Fix, Scott Beibin, Miho Schutzenhofer, Richard Lovejoy, Eric Corley, Adrianne Wilcox, Sarah Palmer, Sandor Katz, Edward Codel, Marlene Flaton, Trevor Giuliani, Dominick Sassone, Michelle Kaye, Greg Griffith, Nazie Shekarchi, Rebecca Sutton, Christopher Shortridge, Michael Gindi, Steven Black, David Geocos, Christina Argyros, Alexis Shotwell, Juanpablo Juarez, Jeffrey Parrott, Thomas Adamson, Daniel Gingold, Cynthia Rosin, Brian Lucrezia, Lily Hughes-Dunn, Yasmine Farhang, Aisha Jabour, Ellen Tuzzolo, Sidney Vault, Jennifer Lahn, Rebecca Wood, Daniel Reed, Thomas Bacon, Robert Ponce, Chris Agnese, Dana Pryor, Lisa Martin, Noah Weiss, Roger Vilanova Marques, Aaron Maret, Sabine Aronowsky, Eugeni Averbakh, Christina Benson, Angel Rivera, James Graham, Marian Geocos, Arielle Soloff, Jennifer Giles, Joel Viertel, (117 in 1:05-cv-09901-RJS-JCF) FIRST MOTION for Partial Summary Judgment. filed by Kaitlyn Tikkun, (186 in 1:05-cv-07670-RJS-JCF) MOTION for Summary Judgment. filed by Richard Roes, John J. Colgan, Hudson River Park Trust, Perez, Lorenzo Johnson, Raymond Kelly, The City of New York, Daniel Albano, Kevin Sam, Bruce Smolka, Salvatore DiMaggio, Stephen Hammerman, James Essig, Ruby Marin-Jordan, Mark Keegan, Joseph Esposito, Thomas Graham, David Cohen, Thomas Doepfner, Kerry Sweet, Derrick Baity, Michael Bloomberg, Patrick Cortright, James Rufle, Terence Monahan, Thomas Galati, Jack McManus, Gerald Dieckmann, John Does, Beatty, (136 in 1:05-cv-08501-RJS-JCF) MOTION for Summary Judgment To Dismiss The False Arrest Claims Of Plaintiffs Arrested On East 16th Street. filed by John Fernandez, The Republican National Committee, John Does 1-15, The City of New York, Jane Fernandez, Alexis Fernandez, (447 in 1:04-cv-09216-RJS -JCF) MOTION for Partial Summary Judgment by Plaintiffs Erika Biddle, Sonia Chandra, Deepa Majmudar, Celine Malanum, Danielle Walsh and Emily Friedman. filed by Erika Biddle, (201 in 1:05-cv-05080-RJS-JCF) MOTION for Partial Summary Judgment. filed by Noel Grosso, (184 in 1:05-cv-01572-RJS-JCF) MOTION for Partial Summary Judgment (Fulton Street). filed by Aubryn Sidle, (133 in 1:05-cv-08501-RJS-JCF) MOTION for Summary Judgment. filed by Jody Concepcion, (256 in 1:04-cv-07921-RJS-JCF) MOTION for Partial Summary Judgment. filed by Ann Maurer, Ashley Waters, Hacer Dinler, (78 in 1:07-cv-07678-RJS-JCF) MOTION for Summary Judgment. filed by The City of New York, John Colgan, Stephen Hammerman, James Essig, Ruby Marin-Jordan, David Cohen, Thomas Doepfner, Kerry Sweet, Gerald Dieckmann, (116 in 1:05-cv-05152-RJS-JCF) MOTION for Partial Summary Judgment To Dimiss The False Arrest Claims Of Plaintiffs Arrested On East 16th Street. filed by New York City Police Officer Abdiel Anderson, William Tracey, John J. Colgan, Raymond Kelly, Joseph Delguardo, The City of New York, Bruce Smolka, Matthew Delgaudio, James Franzo, James Essig, Joseph Esposito, Thomas Graham, Michael Bloomberg, Terence Monahan, Thomas Galati, Gerald Dieckmann, (463 in 1:04-cv-09216-RJS -JCF) MOTION for Partial Summary Judgment on behalf of Simon Harak, Diana Raimondi and William Steyert and all others similarly situated. filed by Simon Harak, (114 in 1:05-cv-09901-RJS-JCF) MOTION for Summary Judgment. filed by Richard Roes, Hernandez, Ann Rubio, Diane Edwards, Works, Felice Sims, James Does, James Doe, Robert N. Davoren, John J. Colgan, Julie Does, Nicholas Estavillo, Raymond Kelly, Debra Stremel, Deborah Jacques, Alexander Laera, The City of New York, Daniel Albano, Giovannia Cancel, Bruce Smolka, Martin F. Horn, Sheila Veerapen, Autuam Carr, Saldo, Constance Blakeney, Jane Does, Stephen Hammerman, Williams-Anderson, Thomas Purtell, Sonia Pagan, James Essig, Williams-Robinson, Ruby Marin-Jordan, Mark Keegan, Joseph Esposito, Thomas Graham, Joseph Lamendola, Patrick Devlin, Gelinda Gethers, Chandra Barnes, Cheri Gatling, Paul Deentremont, Thomas Doepfner, Pamela Harris, Kerry Sweet, Evelyn Rivera, Willa Campbell, Michael Bloomberg, Patrick Cortright, Terence Monahan, Robert Roes, Thomas Galati, Anthony Johnson, Sharon Feaggins, John Connolly, Jacqueline Harrison, Gerald Dieckmann, John Does, (110 in 1:05-cv-03705-RJS-JCF) MOTION for Partial Summary Judgment. filed by Cathie L. Bell, (131 in 1:04-cv-10178-RJS-JCF) MOTION for Summary Judgment. filed by Terrence Monahan, John J. Colgan, Raymond Kelly, Sally Rowes, Bruce Smolka, "Joe" Franzo, Fackler, James Essig, City of New York, Joseph Esposito, Thomas Graham, Quimby, "Joe" Tracey, N. Perez, Gerald Dieckmann, John Does. By October 31, 2012, the parties shall submit a joint letter regarding the proposed next steps in these actions. In doing so, the parties should take this opportunity to reflect on this litigation and the prospects for a fair resolution of the remaining claims. (Signed by Judge Richard J. Sullivan on 9/30/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(ago) (Entered: 10/01/2012)
1552012-10-16 ORDER: To avoid the need to issue separate extensions in the many consolidated actions, IT IS HEREBY ORDERED THAT the parties in all related RNC cases shall have until November 7, 2012 to submit motions for reconsideration. ( Motions due by 11/7/2012.) (Signed by Judge Richard J. Sullivan on 10/15/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) (Entered: 10/16/2012)
1562012-12-05 ORDER. IT IS HEREBY ORDERED THAT Defendants shall respond to Mr. Meyerson's letter proposing that the Court set trials for his clients' cases by December 12, 2012. IT IS FURTHER ORDERED THAT the parties in Dudek v. City of New York, et al., No. 04 Civ. 10178 (RJS), Bell v. City of New York, et al., No. 05 Civ. 3705 (RJS), Starin v. City of New York, et al., No. 05 Civ. 5152 (RJS), Lahn Sheen Lee v. City of New York, et al., No. 05 Civ. 5528 (RJS), and Cohen v. City of New York, et al., No. 05 Civ. 6780 (RJS) shall appear for a pretrial conference on Friday, January 4, 2013 at 4:15 p.m. Mr. Meyerson also requests that the Court make specific findings concerning the circumstances of Plaintiffs Carol Dudek, Julia Cohen and Jennifer Lahn Sheen Lee. the Court denied the parties' summary judgment cross-motions as further set forth in this order. Thus, Mr. Meyerson's requests are HEREBY DENIED. Finally, the Clerk of the Court is respectfully requested to docket the motion for reconsideration submitted in case No. 04 Civ. 9216 (RJS) in the following cases: Dudek v. City of New York, et al., No. 04 Civ. 10178, Bell v. City of New York, et al., No. 05 Civ. 3705, Starin v. City of New York, et al., No. 05 Civ. 5152, Lahn Sheen Lee v. City of New York, et al., No. 05 Civ. 5528, Meehan, et al., v. Stanich, et al., No. 05 Civ. 5268, Cohen v. City of New York, et al., No. 05 Civ. 6780, Pagoda v. Caban, et al., No. 05 Civ. 7546, Coburn, et al., v. City of New York, et al., No. 05 Civ. 7623, Phillips, et al., v. City of New York, et al., No. 05 Civ. 7624, Sloan, et al., v. City of New York, et al., No. 05 Civ. 7688, Galitzer v. City of New York, et al., No. 05 Civ. 7699, Bastidas, et al., v. City of New York, et al., No. 05 Civ. 7670, Xu, et al., v. City of New York, et al., No. 05 Civ. 7672, Sikelianos v. City of New York, et al., No. 05 Civ. 7673, Drescher v. City of New York, et al., No. 05 Civ. 7541, Abdell v. City of New York, No. 05 Civ. 8453, Concepcion v. City of New York, et al., No. 05 Civ. 8501, Eastwood v. City of New York, No. 05 Civ. 9483, Adams v. City of New York, No. 05 Civ. 9484, Araneda v. City of New York, No. 05 Civ. 9738, Tikkun v. City of New York, et al., No. 05 Civ. 9901, Kennedy v. City of New York, No. 07 Civ. 7678, Manders, et al. v. City of New York, et al., No. 07 Civ. 7752, Jusick, et al. v. City of New York, et al., No. 07 Civ. 7683, and Rigby v. City of New York, et al., No. 07 Civ. 7751. In addition, the Clerk of the Court is respectfully requested to docket the scheduling order issued in the above-captioned action as Doc. No. 635 in all related RNC actions. (Signed by Judge Richard J. Sullivan on 12/4/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(rjm) (Entered: 12/05/2012)
1572012-11-20 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Raju Sundaran dated 11/16/12 re: Counsel writes on behalf of the parties to propose the following schedule concerning the motions for reconsideration: oppositions due on Wednesday, December 12, 2012; and Replies due on Friday, December 21, 2012. ENDORSEMENT: So ordered. (Responses due by 12/12/2012. Replies due by 12/21/2012.) (Signed by Judge Richard J. Sullivan on 11/19/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Entry made pursuant to Order Doc. No. 636 in Case No. 04cv7922. (rjm). (Entered: 12/06/2012)
1582013-08-09 ORDER: (Docket in all Related cases): IT IS HEREBY ORDERED THAT all motions for reconsideration pending in the Consolidated RNC Cases are dismissed without prejudice, subject to renewal at any party's request. IT IS FURTHER ORDERED THAT the parties shall submit a joint letter to the Court by September 9, 2013 advising it of the status of any efforts to resolve these actions without further litigation. In light of this Order, the Clerk of the Court is respectfully directed to terminate the following motions. SO ORDERED. (Signed by Judge Richard J. Sullivan on 8/09/2013) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(ama) (Entered: 08/12/2013)
1592014-01-31 ORDER: The clerk of the court is respectfully directed to unseal and docket the six attached orders. (Signed by Judge Richard J. Sullivan on 1/31/2014) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) (Entered: 02/03/2014)
1602014-03-13 ORDER: The Court has been informed that all RNC claims have been settled except for those brought by: (1) Brian Conley; (2) Yusuke Banno; (3) Valarie Brar; (4) Joshua Russell; (5) Kate Freitag; (6) Steven Ekberg; (7) Howard Gale; (8) Andrew St. Laurent; and (9) Robert Siegel. Accordingly, IT IS HEREBY ORDERED THAT all RNC cases, with the exception of the claims brought by the Plaintiffs listed above, are dismissed with prejudice but without costs. However, within thirty days of the date of this Order, any party may send a letter requesting to restore any action to the undersigned's calendar. Upon receipt of such a letter, the action will be restored. (Signed by Judge Richard J. Sullivan on 3/12/2014) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) (Entered: 03/13/2014)
1612014-03-13 ENDORSED LETTER addressed to Judge Richard J. Sullivan from Cheryl L. Shammas dated 3/12/2014 re: Defendants request that the Court adjourn the summary judgment deadline sine die. ENDORSEMENT: IT IS HEREBY ORDERED THAT the deadline for summary judgment motions regarding the five Plaintiffs named below is adjourned to 5/30/2014. Responses shall be due 6/30/2014 and replies shall be due 7/14/2014. No further extensions shall be given. ( Motion due by 5/30/2014. Responses due by 6/30/2014. Replies due by 7/14/2014.) (Signed by Judge Richard J. Sullivan on 3/13/2014) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) (Entered: 03/14/2014)