Latino Officers v. The City of New York

2000 WL 1030623, 2000 U.S.Dist.LEXIS 11936

Latino Officers Officers Ass'n of New York v. City of New York

2002 WL 511548, 2002 U.S.Dist.LEXIS 5664

209 F.R.D. 79

253 F.Supp.2d 771

Officers Ass'n v. City of New York

2003 WL 1883418, 2003 U.S.Dist.LEXIS 5760

Officers Ass'n v. City of New York

2003 U.S.Dist.LEXIS 6506

2003 WL 21396689, 2003 U.S.Dist.LEXIS 10057

2003 WL 21437057, 2003 U.S.Dist.LEXIS 10669

2003 WL 21638165, 2003 U.S.Dist.LEXIS 11792

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 353998. (em) (Entered: 09/10/1999)

CASE REFERRED TO: Judge Denny Chin. (em)

Filed Plaintiffs' Statement of Relatedness pursuant to Local Rule 1.6. (em) (Entered: 09/10/1999)

RULE 1.9 CERTIFICATE filed by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu and Daniel Figueroa. (em) (Entered: 09/10/1999)

Case referred as related to 1:99 civ 2497 and declined by Judge Denny Chin and returned to wheel for assignment. (em)

Notice of assignment to Judge Lewis A. Kaplan. Copy of notice and judge's rules mailed to Attorney(s) of record: Robert H. Spergel, William Goodman, Barbara J. Olshansky, and Richard A. Levy. (em) (Entered: 09/20/1999)

ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE; counsel for all parties are directed to confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than 6 months from the date of this order, counsel shall sign and file within 45 days from the date hereof a consent order in the form annexed for consideration by the Court. If such a consent order is not filed within the time provided, a conference will be held on 11/8/99 at 11:00 a.m., in Courtroom 12D, 500 Pearl St. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac) (Entered: 09/23/1999)

AMENDED COMPLAINT by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa; (Answer due 10/20/99 for The Police Relief, for Charles V. Campisi, for Richard Kubick, for Joseph Flynn, for Patrick Bradley, for George Grasso, for Patrick Kelleher, for Howard Safir, for Rudolph W. Giuliani, for N.Y.P.D., for The City of New York ); amending [1-1] complaint; Summons issued (ls) (Entered: 10/12/1999)

Affidavit of service as to The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief by mail on 10/7/99 . Answer due on 10/27/99 for The City of New York, for N.Y.P.D., for Rudolph W. Giuliani, for Howard Safir, for Patrick Kelleher, for George Grasso, for Patrick Bradley, for Joseph Flynn, for Richard Kubick, for Charles V. Campisi, for The Police Relief . (pl) (Entered: 10/19/1999)

Affidavit of service as to The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief by personal service on 10/7/99 . . (pl) (Entered: 10/19/1999)

Affidavit of service as to The City of New York, Rudolph W. Giuliani by personal service on 10/7/99. Answer due on 10/27/99 for The City of New York, for Rudolph W. Giuliani (pl) (Entered: 10/19/1999)

STIPULATION AND ORDER Extending Time; that Michael D. Hess, Corporation Counsel of the City of New York appears in this case on behalf of all of the named defts and acknowledges that all named defts were served properly ; reset answer to the complt. due for 11/30/99 for The Police Relief, for Charles V. Campisi, for Richard Kubick, for Joseph Flynn, for Patrick Bradley, for George Grasso, for Patrick Kelleher, for Howard Safir, for Rudolph W. Giuliani, for N.Y.P.D., for The City of New York ; ( signed by Judge Lewis A. Kaplan ) (ls) (Entered: 11/03/1999)

Memo-Endorsement on letter addressed to Judge Kaplan from Julie E. O'Neill, dated 11/4/99; denying the parties request for a three week adjournment of the pretrial conference scheduled for 11/8/99 ; ( signed by Judge Lewis A. Kaplan ); copies mailed (ls) Modified on 11/10/1999 (Entered: 11/08/1999)

Pretrial Conference held before Judge Lewis A. Kaplan. (emil)

CONSENT SCHEDULING ORDER: no add'l. parties may be joined after 1/8/00, assuming the class is certified; no amendments to the pleadings will be permitted after 1/8/00 assuming the class is certified; all discovery shall be completed on or before 8/31/00; a joint pretrial order in the form prescribed in Judge Kaplan's individual rules shall be filed on or before 12/31/00; ( signed by Judge Lewis A. Kaplan ); copies mailed (ls) (Entered: 11/09/1999)

STIPULATION AND ORDER; pltffs shall serve a Second Amended Complaint on defts on 12/3/99 by hand delivering a copy of the Second Amended Complaint to the Office of the Corporation Counsel, attn: Julie E. O'Neill ; defts' shall answer or otherwise respond to the Second Amended Complaint by 12/23/99. ( signed by Judge Lewis A. Kaplan ) (sac) (Entered: 12/03/1999)

SECOND AMENDED COMPLAINT by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa, Hector Ariza, Manuel Gomez, Christopher Castro, Haydee Cartagena, Manuel Delgado, Parnell Peterson, Hiram Monserrate, Fernando Sanchez (Answer due 12/23/99 for The Police Relief, for Charles V. Campisi, for Richard Kubick, for Joseph Flynn, for Patrick Bradley, for George Grasso, for Patrick Kelleher, for Howard Safir, for Rudolph W. Giuliani, for N.Y.P.D., for The City of New York) amending [6-1] amended complaint; Summons issued (ls) (Entered: 12/06/1999)

Pretrial Conference held before Judge Lewis A. Kaplan. (sac)

NOTICE OF MOTION by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa, Hector Ariza, Manuel Gomez, Christopher Castro, Haydee Cartagena, Manuel Delgado, Parnell Peterson, Hiram Monserrate, Fernando Sanchez for leave to withdraw its appearance in this case ; Return date not indicated. Attached is affidavit of William Goodman. (djc) Modified on 03/20/2000 (Entered: 03/02/2000)

Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 1/5/00. (sac) (Entered: 03/07/2000)

ORDER; granting [15-1] motion for leave for William H. Goodman and Barbara J. Olshansky to withdraw their appearance in this case. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) (Entered: 03/22/2000)

STIPULATION AND PROTECITVE ORDER; regarding procedures that will govern the handling of confidential information; notwithstanding anything to the contrary herein, any papers filed under seal in this action may be made part of the public record on or after 3/24/05 unless the Court otherwise orders ; ( signed by Judge Lewis A. Kaplan ) (ls) (Entered: 03/27/2000)

Letter filed addressed to Judge Cedarbaum from Julie O'Neill, dated 05/09/00, re: defendants' motion to dismiss the complaint; also notifies the court that defendants are not opposing plaintiff's motion to amend the complaint and consequently, are withdrawing the motion to dismiss. (original docmt dktd in case no. 99 cv 4960, docmt #7) (djc)

NOTICE OF MOTION by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief; for an order purs. to Local Rule 15(a) of the Rules for the Division of Business Among District Judges transferring either Guardians Assoc. of the Police Dep't of N.Y., Inc. v. City of New York, 99 Civ. 4960 (MGC), or Latino Officers Assoc. Cityof New York, Inc. et al. v. City of N.Y., No. 99 Civ. 9568 (LAK) ; and; for an order purs. to Rule 42(a) of the F.R.C.P. consolidating the actins shown above for pre-trial and trial purposes ; Return date 6/14/00; Declaration of Any F. Melican attached; orig. doc. fld. in case no. 99 Civ. 4960 (LAK) doc. #14 (lf) Modified on 06/23/2000

MEMORANDUM OF LAW by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief in support of [0-1] motion for an order purs. to Local Rule 15(a) of the Rules for the Division of Business Among District Judges transferring either Guardians Assoc. of the Police Dep't of N.Y., Inc. v. City of New York, 99 Civ. 4960 (MGC), or Latino Officers Assoc. City of New York, Inc. et al. v. City of N.Y., No. 99 Civ. 9568 (LAK); [0-2] motion for an order purs. to Rule 42(a) of the F.R.C.P. consolidating the actins shown above for pre-trial and trial purposes; orig. doc. fld. in case no. 99 Civ. 4960 (MGC) doc. #15 (lf)

Pretrial Conference held before Judge Lewis A. Kaplan. (sac)

NOTICE of attorney appearance for Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa, Hector Ariza, Manuel Gomez, Christopher Castro, Haydee Cartagena, Manuel Delgado, Parnell Peterson, Hiram Monserrate, Fernando Sanchez by Diane M. Paolicelli. (cd) (Entered: 07/27/2000)

ORDER, denying [0-1] motion for an order purs. to Local Rule 15(a) of the Rules for the Division of Business Among District Judges transferring either Guardians Assoc. of the Police Dep't of N.Y., Inc. v. City of New York, 99 Civ. 4960 (MGC), or Latino Officers Assoc. City of New York, Inc. et al. v. City of N.Y., No. 99 Civ. 9568 (LAK); denying [0-2] motion for an order purs. to Rule 42(a) of the F.R.C.P. consolidating the actions shown above for pre-trial and trial purposes. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn) Modified on 07/31/2000 (Entered: 07/28/2000)

Pretrial Conference held before Judge Lewis A. Kaplan. (sn)

Memo-Endorsement on letter addressed to Judge Kaplan from Diane Paolicelli, dated 8/17/00. The discovery deadline is extended to 2/28/01. The class motion shall be filed by 11/15/00. The pretrial order and any motions for summary judgment shall be filed by 4/30/01. The Court reserves judgment as to bifurcation or severance pending receipt of the class motion . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kw) (Entered: 09/08/2000)

STIPULATION and ORDER; pltffs shall have until 12/15/00, to file their motion for class certification. Defts' response shall be due on 1/26/01 . ( signed by Judge Lewis A. Kaplan ) (sn) (Entered: 11/15/2000)

Deadline(s) updated: set scheduling order deadlines: Response to motion deadline 1/26/01 . (sn)

Pretrial Conference held before Judge Lewis A. Kaplan. (sn)

NOTICE OF MOTION by pltffs; for an order to certifying a class of pltffs purs. to F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3) ; Return date 12/11/00; Affdvt. of Alani Golanski in support attached (lf) (Entered: 12/18/2000)

MEMORANDUM OF LAW by pltffs' in support of [23-1] motion for an order to certifying a class of pltffs purs. F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3) . (lf) (Entered: 12/18/2000)

Pretrial Conference held before Judge Lewis A. Kaplan. (sac)

Pretrial Conference held before Judge Lewis A. Kaplan . (jp)

Memo-Endorsement on letter addressed to Judge Kaplan from Julie O'Neill, Asst Corp Counsel, dated 1/24/01; deft's response to motion reset to 2/21/01 for [23-1] motion to certifying a class of pltffs purs. to F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3) ; reset discovery due for 3/25/01 ; the parties request appointment of a Magistrate Judge to asist them in discovery; no magistrate ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lam) (Entered: 02/05/2001)

Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 12/4/00. (sac) (Entered: 02/06/2001)

Memo-Endorsement on letter addressed to Judge Kaplan from Amy F. Melican, dated 2/14/01. Granting defendants' request for permission to file a memorandum of law in opposition to plaintiffs' motion for class certification that does not exceed 50 pages . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kw) (Entered: 02/20/2001)

MEMORANDUM OF LAW by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief in opposition to [23-1] motion for an order to certifying a class of pltffs purs. to F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3) . (lf) (Entered: 02/23/2001)

DECLARATIONS of Anderson, Lubin, Kennedy, Melican AND EXHIBITS by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police in support Re: [23-1] motion for an order to certifying a class of pltffs purs. to F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3) . (lf) (Entered: 02/23/2001)

Pretrial Conference held before Judge Lewis A. Kaplan. (lf)

Pretrial Conference held before Judge Lewis A. Kaplan. (lf)

Memo-Endorsement on letter addressed to Judge Kaplan from Alani Golanski, dated 3/6/01, granting plntfs' request for permission to serve a memorandum of law that exceeds the Court's page limit by 10 pages ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd) (Entered: 03/12/2001)

Pretrial Conference held before Judge Lewis A. Kaplan. Next PTC 5/21/01 at 10:00 a.m. (lf)

Order, that parties proceed to mediation with Susan T. Mackenzie, Esq., as mediator on the terms of agreement reached amoung the parties on their own volition and without compulsion by the Court. ( signed by Judge Lewis A. Kaplan ). (Copy sent document to the Civil Case Management/Mediation). (kw) (Entered: 03/28/2001)

ORDER withdrawing on consent w/o prejudice to renewal [23-1] motion for an order certifying a class of pltffs purs. to F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3); ( signed by Judge Lewis A. Kaplan Copies mailed. (lf) Modified on 03/29/2001 (Entered: 03/28/2001)

REPLY MEMORANDUM OF LAW by plaintiffs in further support of: [23-1] motion for an order to certifying a class of pltffs purs. F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3). (kkc) Modified on 03/29/2001 (Entered: 03/29/2001)

Conference held before Judge Kaplan. (jp)

Pretrial Conference held before Judge Lewis A. Kaplan . (djc)

Pretrial Conference held before Judge Lewis A. Kaplan . (bai)

Pretrial Conference held before Judge Lewis A. Kaplan. (kkc)

ORDER, that Plaintiff, Haydee Cartagena shall discontinue her claims in Latino Officers, et al., v. City of New York, et al., 99 Civ. 9568, and add those claims to the amended complaint to be filed in 99 Civ. 11987 . ( signed by Judge Denny Chin ); Copies mailed. (Orig. entry made in case no. 99 civ. 11987, as doc. #9) (ae)

Pretrial Conference held before Judge Lewis A. Kaplan . (yv)

NOTICE OF MOTION by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief; for an Order pursuant to Rule 56 of the FRCP for summary judgment dismissing the claims in this action of plaintiffs Charles Castro, Fernando Sanchez and Reuben Malave for damages and equitable relief based on their terminations from the New York City Police Department . No return date set. Rule 56.1 Statement, Declaration of Stuart I. Parker attached. Exhibits Volume 1 to 3 attached. (kkc) Modified on 12/06/2001 (Entered: 12/06/2001)

MEMORANDUM OF LAW by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief in support of [34-1] motion for an Order pursuant to Rule 56 of the FRCP for summary judgment dismissing the claims in this action of plaintiffs Charles Castro, Fernando Sanchez and Reuben Malave for damages and equitable relief based on their terminations from the New York City Police Department. (kkc) (Entered: 12/06/2001)

MEMORANDUM OF LAW by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa in opposition to [34-1] motion for an Order pursuant to Rule 56 of the FRCP for summary judgment dismissing the claims in this action of plaintiffs Charles Castro, Fernando Sanchez and Reuben Malave for damages and equitable relief based on their terminations from the New York City Police Department . (db) (Entered: 01/02/2002)

AFFIDAVIT of Diane Paolicelli by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa in opposition to [34-1] motion for an Order pursuant to Rule 56 of the FRCP for summary judgment dismissing the claims in this action of plaintiffs Charles Castro, Fernando Sanchez and Reuben Malave for damages and equitable relief based on their terminations from the New York City Police Department . (db) (Entered: 01/02/2002)

COUNTER STATEMENT TO RULE 56.1 filed by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa (db) (Entered: 01/02/2002)

Memo-Endorsement on letter addressed to Judge Kaplan from Richard A. Levy, dated 12/26/01; counsel to parties' request to hold motion (for a protective order) in abeyance pending the completion of the described 30(b)(6) deposition is denied without prejudice to renewal ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc) (Entered: 01/09/2002)

REPLY MEMORANDUM by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief re: [36-1] opposition memorandum (yv) (Entered: 01/15/2002)

DECLARATION of Stuart I. Parker by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief in support Re: [34-1] motion for an Order pursuant to Rule 56 of the FRCP for summary judgment dismissing the claims in this action of plaintiffs Charles Castro, Fernando Sanchez and Reuben Malave for damages and equitable relief based on their terminations from the New York City Police Department . (yv) (Entered: 01/15/2002)

AMENDED SCHEDULING ORDER: Completion of all discovery by 11/30/02. Service of summary judgment motions by 2/1/03. Filing of pretrial order, proposed jury instructions and requested voir dire questions; case ready for trial, on 2/1/03. Following trial materials to be filed at least 10 days before trial: trial brief stating legal and factual issues and authorities relied upon and discussing any anticipated substantive or procedural problems; and motions in limine. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn) Modified on 02/07/2002 (Entered: 02/07/2002)

STIPULATION and ORDER, regarding procedures that will govern the handling "Confidential Attorney-Only Materials" . ( signed by Judge Lewis A. Kaplan ) (kw) (Entered: 02/15/2002)

Pretrial Conference held before Judge Lewis A. Kaplan . (bai)

ORDER, regarding the aforementioned issues, the parties are directed to brief this issue, and any others that are fairly related to it, and to file such briefs no later than 4/20/02 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (tp) (Entered: 04/05/2002)

MEMORANDUM OF LAW by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief, Hector Ariza, Manuel Gomez, Christopher Castro, Manuel Delgado, Parnell Peterson, Hiram Monserrate, Fernando Sanchez in response to Court's 4/4/02 Order. (db) (Entered: 04/23/2002)

SUPPLEMENTAL MEMORANDUM OF LAW by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa, Hector Ariza, Manuel Gomez, Christopher Castro, Manuel Delgado, Parnell Peterson, Hiram Monserrate, Fernando Sanchez in opposition to [34-1] motion for an Order pursuant to Rule 56 of the FRCP for summary judgment dismissing the claims in this action of plaintiffs Charles Castro, Fernando Sanchez and Reuben Malave for damages and equitable relief based on their terminations from the New York City Police Department . (db) (Entered: 04/24/2002)

PRETRIAL CONFERENCE held on 6/26/02 before Judge Lewis A. Kaplan. (ae)

SEALED DOCUMENT placed in vault. (js) (Entered: 07/10/2002)

Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 6/26/02 at 10:00 a.m. (ph) (Entered: 08/06/2002)

MEMORANDUM OPINION #87244, granting in part, denying in part [23-1] motion for an order to certifying a class of pltffs purs. to F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3). The Court bifurcates plntfs' claims and certifies the liability stage of the claims, as discussed (within) for class treatment under Rule 23(b)(2) ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd) (Entered: 08/08/2002)

Memo-Endorsement on letter addressed to Judge Kaplan from Diane Paolicelli, dated 8/8/02. Re: plaintiffs requests that Your Honor appoint a magistrate to oversee a non-binding mediation of the legal fee determination for the within stated individual plaintiffs; referred to MJ assigned . ( signed by Lewis A. Kaplan ); Copies mailed. (pl) (Entered: 08/23/2002)

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Motion or other Motion which does not require a report and recommendation and see 8/8/02 letter and endorsement. Referred to Magistrate Judge Kevin Nathaniel Fox . ( signed by Judge Lewis A. Kaplan ) (yv) (Entered: 08/26/2002)

Status Conference held before Magistrate Judge Kevin Nathaniel Fox. (kw)

ORDER, that on or before 10/9/02, consistent with the discussion held via telephone conference held on 9/18/02, the parties shall submit ex parte confidential writings to the Court to aid it in assisting the parties at a settlement conference concerning attorneys' fees, and a settlement conference shall be held on 10/18/02 at 10:30 a.m. in courtroom 519, 40 Centre Street . ( signed by Magistrate Judge Kevin Nathaniel Fox ); (dle) Modified on 09/27/2002 (Entered: 09/26/2002)

Settlement Conference held before Magistrate Judge Kevin Nathaniel Fox with respect to attys. fees. (kw)

Memo-Endorsement on letter addressed to Magistrate Fox from Pamela Jeffrey, dated 10/29/02. counsel for plaintiffs request that the conference be adjourned. Application granted. The conference is adjourned to 11/26/02 at 11:30 a.m. ( signed by Magistrate Judge Kevin Nathaniel Fox ); (yv) (Entered: 11/01/2002)

PRETRIAL CONFERENCE held on 11/25/02 before Judge Lewis A. Kaplan. (sb)

Memo-Endorsement on letter addressed to Magistrate Judge Fox from Pamela Jeffrey, dated 11/25/02. counsel for plaintiffs request that the conference scheduled for 11/26/02 at 2:30 p.m. be adjourned without date. Application granted . ( signed by Magistrate Judge Kevin Nathaniel Fox ); (yv) (Entered: 11/27/2002)

Memorandum to Docket Clerk: Pretrial conference held on 11/25/02. Court Reporter Christine Arendz Deich. All discovery to be concluded by 1/10/03. Joint Pretrial Order due 2/11/03. (sb) (Entered: 12/02/2002)

Letter filed by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa, Hector Ariza, Manuel Gomez, Christopher Castro, Manuel Delgado, Parnell Peterson, Hiram Monserrate, Fernando Sanchez addressed to Judge Kaplan from Diane Paolicelli, dated 12/3/02; re: proposed Consent Order regarding production of documents. (pl) (Entered: 12/17/2002)

CONSENT ORDER, defendant shall produce the document set forth in this document to plaintiffs or a statement under oath that after a diligent search no responisve documents could be found, no later than 12/17/02 . ( signed by Judge Lewis A. Kaplan ); (kw) (Entered: 12/09/2002)

Letter filed by plaintiffs addressed to Judge Kaplan from Richard A. Levy, dated 12/10/02, re: responding to defendants' letter to the Court dated 12/5/02. (kw) Modified on 12/17/2002 (Entered: 12/17/2002)

Letter filed by The City of New York addressed to Judge Kaplan from Stuart I. Parkeer, dated 12/5/02, re: in response to Ms. Paolicelli's 12/3/02 letter and to request that the matters raised in her letter to be addressed before the Court at a conference. (kw) (Entered: 12/17/2002)

ORDER; regarding the issues raised by the parties regarding respnses to discovery request; the Court rules as follows: the numbered paragraphs of this order corresponding to the numbers paragraphs of plaintiffs' 12/3/02 letter; in reaching this dosposition, the Court has considered the various points made in the parties' letters, the extent of the discovery previously conducted, and the likely burden and expense of the proposed discovery as compared with its likely benefit, taking into account the needs of the case, the amount in controversy, the parties' resources, the importance of the issues involved, and the importance of the proposed discovery in resolving those issues. To the extent, if any, that plaintiffs have sought an order compelling production beyond that granted above, the request is denied . ( signed by Judge Lewis A. Kaplan ); (pl) (Entered: 12/17/2002)

Memo-Endorsement on letter addressed to Hon. Lewis A. Kaplan from Richard A. Levy, dated 12/20/02. counsel for plaintiffs request an extension of time to complete discovery, including expert reports, until the end of January 2003. In the spirit of the season, the application is granted. The season will be be over, and the spirt has been exhausted. Absolutely no more! ( signed by Judge Lewis A. Kaplan ); (yv) (Entered: 12/26/2002)

Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 11/25/02. (dt) (Entered: 01/02/2003)

Memo-Endorsement on letter addressed to Judge Kaplan from Sara Mason, dated 1/10/03. counsel for defendants request that the Guardians Association be allowed to intervene in the action. Denied without prejudice to renewal by motion in the absence of a stipulation among the parties . ( signed by Judge Lewis A. Kaplan ); Original entry in 99cv4960 document number 18. (yv)

Memo-Endorsement on letter addressed to Judge Kaplan from Richard A. Levy, dated 1/28/03. Counsel requests a direction from the court to the City that it produce Dr. James Fyfe for up to an additional 3 hours of deposition. Upon consideration of defendants' response, dated 1/29/03, application denied. ( signed by Judge Lewis A. Kaplan ) (sb) (Entered: 02/10/2003)

LETTER addressed to Judge Lewis A. Kaplan from Stuart I. Parker dated 1/29/03 re: Defendants write opposing plaintiffs' counsel's 1/28 letter to reopen the deposition of James Fyfe. Document filed by The City of New York, The New York City Police Department, Michael R. Bloomberg, Raymond W. Kelly.(ae) (Entered: 03/15/2007)

Letter filed addressed to Judge Kaplan from Stuart I. Parker, dated 02/06/03; re: opposing plaintiffs counsel's December 24, 2002 letter application to compel answers to numerous interrogatories. (djc) (Entered: 02/11/2003)

ORDER, set telephone conference for 5:00 p.m. on 2/18/03 . ( signed by Magistrate Judge Kevin Nathaniel Fox ); Copies faxed and mailed by chambers. (kw) (Entered: 02/12/2003)

Memo-Endorsement on letter addressed to Judge Kaplan from Richard A. Levy, dated 12/24/02. Re: Counsel for plaintiff want to move to compel responses to a vary limited number of plaintiffs' interrogatories. Upon consideration of defendants' response, dated 2/6/03, this application is denied. This request does not comply with my 12/12/02 order and is excessive . ( signed by Judge Lewis A. Kaplan ). (tp) (Entered: 02/13/2003)

Status Conference held before Magistrate Judge Kevin Nathaniel Fox. (kw)

Letter filed by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief addressed to Judge Kaplan from William S.J. Fraenkel, dated 2/27/03, re: In response to Mr. Levy's 2/26/03. (sb) (Entered: 03/06/2003)

Letter filed by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa, Hector Ariza, Manuel Gomez, Christopher Castro, Haydee Cartagena, Manuel Delgado, Parnell Peterson, Hiram Monserrate, Fernando Sanchez addressed to Judge Kaplan from Richard A. Levy, dated 2/26/03, re: Response to defendants' letter from Phyllis Calistro. (sb) (Entered: 03/06/2003)

PROPOSED VOIR DIRE QUESTIONS by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief . (djc) (Entered: 03/07/2003)

Defendants' Proposed Jury instructions (djc) (Entered: 03/07/2003)