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

1:99-cv-09568 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 9, 1999

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On September 9, 1999, Latino and African-American police officers filed a putative class action against the City of New York and the New York Police Department ("NYPD") in the U.S. District Court for the Southern District of New York. The plaintiffs alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981, 1983, 1985, and state and local laws. Specifically, the plaintiffs contended that NYPD’s work environment was hostile to Latinos and African-Americans, that NYPD's…

On September 9, 1999, Latino and African-American police officers filed a putative class action against the City of New York and the New York Police Department ("NYPD") in the U.S. District Court for the Southern District of New York. The plaintiffs alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981, 1983, 1985, and state and local laws. Specifically, the plaintiffs contended that NYPD’s work environment was hostile to Latinos and African-Americans, that NYPD's application of its disciplinary rules and processes embodied a pattern or practice of disparate treatment, and that they were retaliated against when they complained about discrimination. Represented by private counsel and an attorney from the Stanford Law School Center for Internet & Society, the plaintiffs sought an injunction requiring the NYPD to abolish discrimination, ensure equal treatment, cease retaliation, and change the disciplinary procedure. The plaintiffs filed two amended complaints, one on October 7, 1999 and the other on December 3, 1999.

On December 15, 2000, the plaintiffs moved to certify a class consisting of “all Latino and African–American individuals who have been, are, or will be employed by the NYPD as uniformed officers, including civilians who perform the same employment functions as uniformed officers, who have been or will be subjected to discrimination on the basis of race, color or national origin in the form of a hostile work environment, disparate disciplinary treatment, and retaliation for the exercise of their rights.” On August 6, 2002, Judge Lewis A. Kaplan granted the plaintiffs’ motion in part. Judge Kaplan severed the liability stage from the individual remedial stage and certified the liability stage of the claims. Officers Ass'n v. City of New York, 209 F.R.D. 79 (S.D.N.Y. 2002).

On December 5, 2001, the defendants filed a motion 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. On April 1, 2003, Judge Kaplan granted in part and denied in part this motion. The motion is granted to the extent that: (1) Castro's wrongful termination claim is dismissed; (2) Malave is precluded from relitigating the issues whether he patronized as prostitute and that he was unfit for duty by reason of intoxication; and (3) Sanchez is precluded from relitigating the issue whether his termination was in retaliation for his exercise of his First Amendment rights.

On June 18, 2003, Judge Kaplan granted in part and denied in part the defendant’s motion for summary judgment dismissing aspects of the complaint as to plaintiff Clifford Muniz. The motion is granted to the extent that Muniz’s disparate treatment claim with respect to the removal of the flyers at the 26th Precinct is dismissed. The motion is denied in all other aspects. On the same day, Judge Kaplan granted in part and denied in part the motion of summary judgment as to all claims against Anthony Miranda, the Latino Officers Association, and others. The motion is granted to the extent that the claims of (1) Miranda based on events prior to 11/24/97 and (2) Alvarez based on events prior to 11/12/97 are dismissed. The motion is denied in all other aspects.

On July 14, 2003, Judge Kaplan denied defendant’s motion for summary judgment dismissing the complaint, defendant’s motion for summary judgment on liability on the plaintiffs’ class action pattern or practice claims of discrimination in the disciplinary system, retaliation and hostile work environment, and defendant’s motion for attorney fees.

In November 2003, after completion of discovery and filing of a pre-trial order, the parties engaged in settlement negotiations, which resulted in a stipulation resolving all issues raised by the plaintiffs in their complaint filed on December 18, 2003.

On March 18, 2004, the parties made a joint application for an order preliminarily approving the settlement of the class action. On September 15, 2004, Judge Kaplan approved this settlement agreement and the award of attorneys’ fees and costs as fair, reasonable, and adequate. The court also certified an amended class defined as “all Latino and African–American individuals who have been, are, or will be employed by the NYPD as members of the force, who have been or will be subjected to discrimination on the basis of race, color or national origin in the form of a hostile work environment, disparate disciplinary treatment, and retaliation for the exercise of their rights.” Officers Ass'n v. City of New York, 2004 WL 2066605 (S.D.N.Y. 2004).

Pursuant to the settlement agreement, NYPD agreed to changes to the disciplinary and equal employment practices and procedures, including record-keeping and database requirements. NYPD would pay the plaintiffs $20 million and pay class counsel $4.8 million for attorneys’ fees and costs. The court retained jurisdiction of this matter to ensure compliance with the stipulation for 27 months from its implementation. Accordingly, the case was dismissed with prejudice. Officers Ass'n v. City of New York, 2004 WL 2066605 (S.D.N.Y. 2004).

On June 21, 2007, the court ordered that the clerk close the case, because all the claims brought by all parties in this case had been resolved and the case was settled on a class action basis. On July 6, the court entered a stipulation of settlement, dismissing the case with prejudice. Within a few short months, though, Judge Kaplan denied a motion by the plaintiffs to find the defendants in contempt and to compel compliance with the settlement. The plaintiff appealed the decision to the Second Circuit, which affirmed the district court’s decision on March 30, 2009.

On September 2014, one of the class members sought to reopen his case because he remained unhappy with the relief he obtained. Since he did not serve copies of his papers on any of the parties, his application was denied without prejudice.

There has been no docket activity since. We presume the case is closed.

Summary Authors

Kunyi Zhang (8/30/2010)

Sichun Liu (12/7/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4923444/parties/latino-officers-v-the-city-of-new-york/


Judge(s)

Fox, Kevin N. (New York)

Kaplan, Lewis A. (New York)

Attorneys(s) for Plaintiff

Anderson, Catherine Elizabeth (New York)

Epstein, Joshua H. (New York)

Goodman, William Harry (New York)

Lax, Barry Richard (New York)

Levy, Richard Alan (New York)

McPherson, Laurie J (New York)

Mintz, Steven Glen (New York)

Paolicelli, Diane M. (New York)

Judge(s)

Fox, Kevin N. (New York)

Kaplan, Lewis A. (New York)

Attorneys(s) for Plaintiff

Anderson, Catherine Elizabeth (New York)

Epstein, Joshua H. (New York)

Goodman, William Harry (New York)

Lax, Barry Richard (New York)

Levy, Richard Alan (New York)

McPherson, Laurie J (New York)

Mintz, Steven Glen (New York)

Paolicelli, Diane M. (New York)

Raible, Philip S. (New York)

Riopelle, Roland Gustaf (New York)

Solotaroff, Jason Louis (New York)

Spergel, Robert H. (New York)

Attorneys(s) for Defendant

Lemonedes, James M. (New York)

O'Neill, Julie E. (New York)

Other Attorney(s)

Olshansky, Barbara J. (New York)

Thomas, James K (Georgia)

Expert/Monitor/Master

Feinberg, Kenneth (New York)

Woodin, Peter (New York)

Documents in the Clearinghouse

Document

Docket

Latino Officers v. The City of New York

Sept. 3, 2014 Docket
20

Opinion (Denying Motion to Consolidate)

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

July 26, 2000 Order/Opinion
44

Order (For Additional Briefing)

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

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

April 4, 2002 Order/Opinion
49

Opinion (Certifying Class)

209 F.R.D. 79

Aug. 6, 2002 Order/Opinion
110

Opinion (Denying in Part Defendants' Motion for Summary Judgment)

253 F.Supp.2d 771

April 1, 2003 Order/Opinion
116

Opinion (Motion to Compel)

Officers Ass'n v. City of New York

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

April 9, 2003 Order/Opinion
119

Opinion

Officers Ass'n v. City of New York

2003 U.S.Dist.LEXIS 6506

April 22, 2003 Order/Opinion
155

Opinion (Denying Defendants' Motion for Summary Judgment)

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

June 18, 2003 Order/Opinion
156

Opinion (Granting in Part and Denying in Part Defendants' Motion for Summary Judgment)

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

June 18, 2003 Order/Opinion
170

Opinion (Denying Cross-Motions for Summary Judgment)

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

July 14, 2003 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4923444/latino-officers-v-the-city-of-new-york/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

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)

Sept. 9, 1999 PACER

CASE REFERRED TO: Judge Denny Chin. (em)

Sept. 9, 1999 PACER
2

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

Sept. 9, 1999 PACER
3

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)

Sept. 9, 1999 PACER

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

Sept. 16, 1999 PACER
4

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)

Sept. 16, 1999 PACER
5

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)

Sept. 22, 1999 PACER
6

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)

Oct. 7, 1999 PACER
7

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)

Oct. 8, 1999 PACER
8

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)

Oct. 8, 1999 PACER
9

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)

Oct. 8, 1999 PACER
10

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)

Nov. 1, 1999 PACER
11

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)

Nov. 8, 1999 PACER

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

Nov. 8, 1999 PACER
12

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)

Nov. 9, 1999 PACER
13

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)

Dec. 2, 1999 PACER
14

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)

Dec. 3, 1999 PACER

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

Jan. 5, 2000 PACER
15

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)

March 1, 2000 PACER
16

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

March 7, 2000 PACER
17

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)

March 20, 2000 PACER
18

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)

March 24, 2000 PACER

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)

May 10, 2000 PACER

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

June 22, 2000 PACER

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)

June 22, 2000 PACER

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

July 20, 2000 PACER
19

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)

July 26, 2000 PACER
20

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)

July 26, 2000 PACER

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

Sept. 6, 2000 PACER
21

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)

Sept. 7, 2000 PACER
22

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)

Nov. 14, 2000 PACER

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

Nov. 14, 2000 PACER

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

Dec. 4, 2000 PACER
23

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)

Dec. 15, 2000 PACER
24

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)

Dec. 15, 2000 PACER

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

Jan. 25, 2001 PACER

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

Jan. 25, 2001 PACER
25

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)

Jan. 31, 2001 PACER
26

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

Feb. 6, 2001 PACER
27

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)

Feb. 15, 2001 PACER
28

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)

Feb. 22, 2001 PACER
29

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)

Feb. 22, 2001 PACER

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

March 6, 2001 PACER

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

March 8, 2001 PACER
30

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)

March 9, 2001 PACER

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

March 26, 2001 PACER
31

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)

March 27, 2001 PACER
32

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)

March 27, 2001 PACER
33

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)

March 28, 2001 PACER

Conference held before Judge Kaplan. (jp)

May 21, 2001 PACER

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

July 9, 2001 PACER

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

Aug. 20, 2001 PACER

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

Nov. 5, 2001 PACER

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)

Nov. 13, 2001 PACER

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

Dec. 3, 2001 PACER
34

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)

Dec. 5, 2001 PACER
35

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)

Dec. 5, 2001 PACER
36

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)

Dec. 28, 2001 PACER
37

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)

Dec. 28, 2001 PACER
38

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)

Dec. 28, 2001 PACER
39

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)

Jan. 8, 2002 PACER
40

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)

Jan. 14, 2002 PACER
41

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)

Jan. 14, 2002 PACER
42

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)

Feb. 5, 2002 PACER
43

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)

Feb. 13, 2002 PACER

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

March 4, 2002 PACER
44

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)

April 4, 2002 PACER
45

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)

April 19, 2002 PACER
46

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)

April 19, 2002 PACER

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

June 26, 2002 PACER
47

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

July 9, 2002 PACER
48

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)

Aug. 5, 2002 PACER
49

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)

Aug. 6, 2002 PACER
50

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)

Aug. 20, 2002 PACER
51

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)

Aug. 23, 2002 PACER

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

Sept. 18, 2002 PACER
52

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)

Sept. 25, 2002 PACER

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

Oct. 18, 2002 PACER
53

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)

Oct. 31, 2002 PACER

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

Nov. 25, 2002 PACER
54

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)

Nov. 26, 2002 PACER
55

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)

Nov. 26, 2002 PACER
59

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)

Dec. 4, 2002 PACER
56

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)

Dec. 5, 2002 PACER
57

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)

Dec. 13, 2002 PACER
58

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)

Dec. 13, 2002 PACER
60

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)

Dec. 16, 2002 PACER
61

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)

Dec. 23, 2002 PACER
62

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

Dec. 31, 2002 PACER

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)

Jan. 14, 2003 PACER
63

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)

Feb. 6, 2003 PACER
269

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)

Feb. 6, 2003 PACER
64

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)

Feb. 7, 2003 PACER
65

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)

Feb. 10, 2003 PACER
66

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)

Feb. 10, 2003 PACER

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

Feb. 18, 2003 PACER
70

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)

Feb. 28, 2003 PACER
71

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)

Feb. 28, 2003 PACER
72

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)

March 4, 2003 PACER
73

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

March 4, 2003 PACER

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Private Employment Class Actions

Key Dates

Filing Date: Sept. 9, 1999

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All Latino and African–American individuals who have been, are, or will be employed by the NYPD as uniformed officers, including civilians who perform the same employment functions as uniformed officers, who have been or will be subjected to discrimination on the basis of race, color or national origin in the form of a hostile work environment, disparate disciplinary treatment, and retaliation for the exercise of their rights.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of New York, City

New York Police Department, City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Constitutional Clause(s):

Equal Protection

Free Exercise Clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $4,800,000

Order Duration: 2004 - 2006

Content of Injunction:

Develop anti-discrimination policy

Recordkeeping

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Discipline

Harassment / Hostile Work Environment

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

Affected Gender:

Female

Male

National Origin/Ethnicity:

Hispanic