Stinson v. The City of New York

Stinson v. The City of New York

282 F.R.D. 360

2012 WL 2952840

U. S. Court of Appeals for the Second Circuit

2016 WL 817445

Benjamin Weiser

Set Deadlines/Hearings: (djc)

Set Deadlines/Hearings

Summons Issued

SUMMONS ISSUED as to The City of New York, Raymond W. Kelly, Paul Brown, John Doe #1-50. (rdz)

Case Designation

Magistrate Judge Debra Freeman is so designated. (rdz)

Case Designated ECF

COMPLAINT against The City of New York, Raymond W. Kelly, Paul Brown, John Doe #1-50. (Filing Fee $ 350.00, Receipt Number 904975)Document filed by Ryburn Walkes, Jamel Towe, Sharif Stinson, Christian Dudley, Jocelyn Ferdinand, Gary Shaw, Michael Bennett, Mariam Farnum, Charlene Finley.(rdz) (Entered: 05/27/2010)

Case Designated ECF. (rdz)

SUMMONS RETURNED EXECUTED. The City of New York served on 5/27/2010, answer due 6/17/2010. Service was accepted by Dmitriy Aronov. Document filed by Ryburn Walkes; Jamel Towe; Sharif Stinson; Christian Dudley; Jocelyn Ferdinand; Gary Shaw; Michael Bennett; Mariam Farnum; Charlene Finley. (Cohen, Gerald) (Entered: 06/03/2010)

SUMMONS RETURNED EXECUTED. Raymond W. Kelly served on 5/27/2010, answer due 6/17/2010. Service was accepted by Dmitriy Aronov. Document filed by Ryburn Walkes; Jamel Towe; Sharif Stinson; Christian Dudley; Jocelyn Ferdinand; Gary Shaw; Michael Bennett; Mariam Farnum; Charlene Finley. (Cohen, Gerald) (Entered: 06/03/2010)

SUMMONS RETURNED EXECUTED. Paul Brown served on 5/27/2010, answer due 6/17/2010. Service was accepted by 5/27/2010. Document filed by Ryburn Walkes; Jamel Towe; Sharif Stinson; Christian Dudley; Jocelyn Ferdinand; Gary Shaw; Michael Bennett; Mariam Farnum; Charlene Finley. (Cohen, Gerald) (Entered: 06/03/2010)

ENDORSED LETTER addressed to Judge Robert W. Sweet from Qiana Smith-Williams dated 6/17/10 re: counsel requests a sixty-day enlargement of time from the present date until August 16, 2010 to answer or otherwise respond to the complaint. ENDORSEMENT: So ordered. The City of New York answer due 8/16/2010; Raymond W. Kelly answer due 8/16/2010. (Signed by Judge Robert W. Sweet on 6/23/10) (djc) (Entered: 06/28/2010)

PRETRIAL ORDER. Pretrial Conference set for 10/6/2010 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet and as further set forth. (Signed by Judge Robert W. Sweet on 7/14/10) (rjm) (Entered: 07/14/2010)

Set Deadlines/Hearings

ENDORSED LETTER addressed to Judge Robert W. Sweet from Joshua Fitch dated 8/11/10 re: Request that plaintiffs amend the complaint without leave by 8/31/10 and that defendants answer within 60 days. It is also respectfully requested that the initial conference scheduled for 10/6/10 remain in tact. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 8/17/10) (cd) (Entered: 08/19/2010)

Set Deadlines/Hearings: Amended Complaint due by 8/31/2010. (cd)

AMENDED COMPLAINT amending 1 Complaint, against John Doe #1-50((NYPD Supervisory, Training and Police Personnel), In their Official Capacities, (the name John Doe being fictitious, as the true names are presently unknown)), John Doe #1-50((NYPD Supervisory, Training and Police Personnel), Individually (the name John Doe being fictitious, as the true names are presently unknown)), Raymond W. Kelly, Raymond W. Kelly, The City of New York with JURY DEMAND.Document filed by Michael Bennett(on behalf of themselves ), Christian Dudley(on behalf of themselves ), Sharif Stinson(Other Similarly Situated), Michael Bennett(Other Similarly Situated), Jamel Towe(on behalf of themselves), Sharif Stinson(on behalf of themselves), Lindsey Riddick, Christian Dudley(Other Similarly Situated), Sean Pettigrew, Jocelyn Ferdinand(on behalf of themselves), Jocelyn Ferdinand(Other Similarly Situated), Joseph Sarpong(on behalf of themselves ), Victor Breland, Jeremy Thames, Brian Morris, Gary Shaw(Other Similarly Situated), Mica Ancrum(on behalf of themselves ), Mica Ancrum(similarly situated), Julius Dixon, Jamel Towe(Other Similarly Situated), David Thompson, Ryburn Walkes(on behalf of themselves), Chanel Meausa, Gary Shaw(on behalf of themselves), Joseph Sarpong(similarly situated), Charlene Finley(Other Similarly Situated), Ryburn Walkes(Other Similarly Situated), Ricardo Jones, Leander Griffin, Charlene Finley(on behalf of themselves), Mariam Farnum(Other Similarly Situated), Michael Riddick, Mariam Farnum(on behalf of themselves ). Related document: 1 Complaint, filed by Gary Shaw, Christian Dudley, Jamel Towe, Mariam Farnum, Jocelyn Ferdinand, Ryburn Walkes, Michael Bennett, Sharif Stinson, Charlene Finley.(rdz) (Entered: 09/14/2010)

SUMMONS RETURNED EXECUTED. The City of New York served on 9/1/2010, answer due 9/22/2010. Service was accepted by Dmitriy Aronov, Clerk Authorized to Accept. Document filed by Sharif Stinson(Other Similarly Situated). (Cohen, Gerald) (Entered: 09/15/2010)

SUMMONS RETURNED EXECUTED. Raymond W. Kelly served on 9/1/2010, answer due 9/22/2010. Service was accepted by Dmitriy Aronov, Clerk Authorized to Accept. Document filed by Sharif Stinson(on behalf of themselves). (Cohen, Gerald) (Entered: 09/15/2010)

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Robert W. Sweet on 2/1/11) (mro) (Entered: 02/01/2011)

MOTION to Certify Class. Document filed by Mica Ancrum(on behalf of themselves ), Mica Ancrum(similarly situated), Michael Bennett(on behalf of themselves ), Michael Bennett(Other Similarly Situated), Victor Breland, Julius Dixon, Christian Dudley(on behalf of themselves ), Christian Dudley(Other Similarly Situated), Mariam Farnum(Other Similarly Situated), Mariam Farnum(on behalf of themselves ), Jocelyn Ferdinand(on behalf of themselves), Jocelyn Ferdinand(Other Similarly Situated), Charlene Finley(Other Similarly Situated), Charlene Finley(on behalf of themselves), Leander Griffin, Ricardo Jones, Chanel Meausa, Brian Morris, Sean Pettigrew, Lindsey Riddick, Michael Riddick, Joseph Sarpong(on behalf of themselves ), Joseph Sarpong(similarly situated), Gary Shaw(Other Similarly Situated), Gary Shaw(on behalf of themselves), Sharif Stinson(Other Similarly Situated), Sharif Stinson(on behalf of themselves), Jeremy Thames, David Thompson, Jamel Towe(on behalf of themselves), Jamel Towe(Other Similarly Situated), Ryburn Walkes(on behalf of themselves), Ryburn Walkes(Other Similarly Situated).(Fitch, Joshua) (Entered: 02/04/2011)

MEMORANDUM OF LAW in Support re: 12 MOTION to Certify Class.. Document filed by Mica Ancrum(on behalf of themselves ), Mica Ancrum(similarly situated), Michael Bennett(on behalf of themselves ), Michael Bennett(Other Similarly Situated), Victor Breland, Julius Dixon, Christian Dudley(on behalf of themselves ), Christian Dudley(Other Similarly Situated), Mariam Farnum(Other Similarly Situated), Mariam Farnum(on behalf of themselves ), Jocelyn Ferdinand(on behalf of themselves), Jocelyn Ferdinand(Other Similarly Situated), Charlene Finley(Other Similarly Situated), Charlene Finley(on behalf of themselves), Leander Griffin, Ricardo Jones, Chanel Meausa, Brian Morris, Sean Pettigrew, Lindsey Riddick, Michael Riddick, Joseph Sarpong(on behalf of themselves ), Joseph Sarpong(similarly situated), Gary Shaw(Other Similarly Situated), Gary Shaw(on behalf of themselves), Sharif Stinson(Other Similarly Situated), Sharif Stinson(on behalf of themselves), Jeremy Thames, David Thompson, Jamel Towe(on behalf of themselves), Jamel Towe(Other Similarly Situated), Ryburn Walkes(on behalf of themselves), Ryburn Walkes(Other Similarly Situated). (Fitch, Joshua) (Entered: 02/04/2011)

DECLARATION of Joshua P. Fitch in Support re: 12 MOTION to Certify Class.. Document filed by Mica Ancrum(on behalf of themselves ), Mica Ancrum(similarly situated), Michael Bennett(on behalf of themselves ), Michael Bennett(Other Similarly Situated), Victor Breland, Julius Dixon, Christian Dudley(on behalf of themselves ), Christian Dudley(Other Similarly Situated), Mariam Farnum(Other Similarly Situated), Mariam Farnum(on behalf of themselves ), Jocelyn Ferdinand(on behalf of themselves), Jocelyn Ferdinand(Other Similarly Situated), Charlene Finley(Other Similarly Situated), Charlene Finley(on behalf of themselves), Leander Griffin, Ricardo Jones, Chanel Meausa, Brian Morris, Sean Pettigrew, Lindsey Riddick, Michael Riddick, Joseph Sarpong(on behalf of themselves ), Joseph Sarpong(similarly situated), Gary Shaw(Other Similarly Situated), Gary Shaw(on behalf of themselves), Sharif Stinson(Other Similarly Situated), Sharif Stinson(on behalf of themselves), Jeremy Thames, David Thompson, Jamel Towe(on behalf of themselves), Jamel Towe(Other Similarly Situated), Ryburn Walkes(on behalf of themselves), Ryburn Walkes(Other Similarly Situated). (Attachments: # 1 Exhibit OCA Statistics for Summons Activity for the year of 2004, # 2 Exhibit OCA Statistics for Summons Activity for the year of 2005, # 3 Exhibit OCA Statistics for Summons Activity for the year of 2006, # 4 Exhibit OCA Statistics for Summons Activity for the year of 2007, # 5 Exhibit OCA Statistics for Summons Activity for the year of 2008, # 6 Exhibit OCA Statistics for Summons Activity for the year of 2009)(Fitch, Joshua) (Entered: 02/04/2011)

1 Exhibit OCA Statistics for Summons Activity for the year of 2004

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2 Exhibit OCA Statistics for Summons Activity for the year of 2005

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3 Exhibit OCA Statistics for Summons Activity for the year of 2006

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4 Exhibit OCA Statistics for Summons Activity for the year of 2007

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5 Exhibit OCA Statistics for Summons Activity for the year of 2008

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6 Exhibit OCA Statistics for Summons Activity for the year of 2009

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ORDER Plaintiffs' motion for class certification, dated February 4, 2011, will be heard at noon on Wednesday, March 23, 2011, in courtroom 18C. All motion papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. Set Deadlines/Hearing as to 12 MOTION to Certify Class. ( Motion Hearing set for 3/23/2011 at 12:00 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 2/8/2011) (jmi) (Entered: 02/10/2011)

NOTICE OF APPEARANCE by Qiana Charmaine Smith on behalf of Raymond W. Kelly, Raymond W. Kelly, The City of New York (Smith, Qiana) (Entered: 03/04/2011)

ORDER. Defendants' letter to the Court, dated February 18, 2011, will be treated as a motion and will be heard on submission, without oral argument, on March 16, 2011. (Signed by Judge Robert W. Sweet on 3/5/11) (djc) (Entered: 03/09/2011)

ANSWER to Amended Complaint with JURY DEMAND. Document filed by Raymond W. Kelly, Raymond W. Kelly, The City of New York. Related document: 8 Amended Complaint,,,,,, filed by Gary Shaw, Ricardo Jones, David Thompson, Mica Ancrum, Jamel Towe, Mariam Farnum, Brian Morris, Jocelyn Ferdinand, Sean Pettigrew, Michael Bennett, Sharif Stinson, Chanel Meausa, Christian Dudley, Joseph Sarpong, Ryburn Walkes, Julius Dixon, Jeremy Thames, Victor Breland, Michael Riddick, Lindsey Riddick, Charlene Finley, Leander Griffin.(Smith, Qiana) (Entered: 03/14/2011)

Minute Entry for proceedings held before Judge Robert W. Sweet: Motion Hearing held and argued on 3/23/2011. Motion is pending. (mro)

Motion Hearing

***DELETED DOCUMENT. Deleted document number 19 ORDER. The document was incorrectly filed in this case. (ae)

Notice Regarding Deleted Document

ORDER: Plaintiffs' letter to the Court, dated March 30, 2011, will be treated as a motion to compel and and will be heard at noon on Wednesday, April 13, 2011 in Courtroom 18C. So Ordered (Signed by Judge Robert W. Sweet on 4/5/2011) (js) (Entered: 04/07/2011)

ORDER. Having received Plaintiffs' letter to the Court, dated April 12, 2011, stating that Defendants have served responses to Plaintiffs' discovery demands as well as several hundred documents, Plaintiffs' motion to compel, dated March 30, 2011, is hereby dismissed as moot. (Signed by Judge Robert W. Sweet on 4/14/11). (djc) (Entered: 04/14/2011)

ORDER: Defendants' letter will be treated as a motion on Wednesday, April 20, 2011 to the Court, dated April 12, 2011, compel and will be heard at noon in courtroom 18C. (Signed by Judge Robert W. Sweet on 4/15/2011) (jar) (Entered: 04/15/2011)

Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 4/27/2011 re: 15 Order. (mbe)

Oral Argument

Set/Reset Deadlines

CONSENT ORDER: All pre-certification depositions in this matter will be conducted on or before 7/15/2011. Any plaintiff who fails to appear for a scheduled deposition by July 15, 2011, shall be removed as a proposed class representative; and as further set forth in this order. Defendants' opposition to plaintiffs' motion for certification shall be filed no later than 8/26/2011, and plaintiffs' reply papers shall be filed no later than 9/16/2011. (Deposition due by 7/15/2011.) (Signed by Judge Robert W. Sweet on 6/22/2011) (tro) Modified on 6/28/2011 (tro). (Entered: 06/24/2011)

Set/Reset Deadlines: Responses due by 8/26/2011 Replies due by 9/16/2011. (tro)

ENDORSED LETTER addressed to Judge Robert W. Sweet from Qiana Smith-Williams dated 8/24/2011 re: Defendants request that the briefing schedule be enlarged as follows: Defendants opposition papers to be served by 9/9/11. Plaintiffs reply papers to be served by 10/21/11. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 8/25/2011) (jfe) (Entered: 08/30/2011)

ENDORSED LETTER addressed to Judge Robert W. Sweet from Qiana Smith-Williams dated 8/24/2011 re: Counsel for the Defendants writes to request that Defendant's opposition papers to the class certification motion be served by 9/9/2011 and Plaintiff's reply papers be served by 10/21/2011. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 8/29/2011) (ab) (Entered: 09/01/2011)

MEMORANDUM OF LAW in Opposition re: 12 MOTION to Certify Class.. Document filed by Raymond W. Kelly, Raymond W. Kelly, The City of New York. (Smith, Qiana) (Entered: 09/09/2011)

DECLARATION of Qiana Smith-Williams in Opposition re: 12 MOTION to Certify Class.. Document filed by Raymond W. Kelly, The City of New York. (Attachments: # 1 Exhibit Declaration Ex. A - F, # 2 Exhibit Declaration Ex. G - L, # 3 Exhibit Declaration Ex. M - P, # 4 Exhibit Declaration Ex. Q - U)(Smith, Qiana) (Entered: 09/09/2011)

1 Exhibit Declaration Ex. A - F

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2 Exhibit Declaration Ex. G - L

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3 Exhibit Declaration Ex. M - P

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4 Exhibit Declaration Ex. Q - U

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ORDER: At the request of the parties, Plaintiffs' motion for class certification, dated February 4, 2011, will be heard at noon on Wednesday, November 16, 2011, in courtroom 18C. IT IS SO ORDERED. ( Status Conference set for 11/16/2011 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 10/11/2011) (ama) (Entered: 10/12/2011)

ENDORSED LETTER addressed to Judge Robert W. Sweet from Joshua P. Fitch dated 10/14/2011 re: My firm, along with co-counsel Jon Norinsberg, represents plaintiffs in the above-referenced matter and we write to Your Honor to respectfully request an extension of the October 21, 2011 deadline to reply to defendants' opposition to class certification until October 28, 2011. ENDORSEMENT: So Ordered. (Signed by Judge Robert W. Sweet on 10/17/2011) (rdz) (Entered: 10/17/2011)

REPLY MEMORANDUM OF LAW in Support re: 12 MOTION to Certify Class.. Document filed by Michael Bennett(on behalf of themselves ), Victor Breland, Julius Dixon, Leander Griffin, Ricardo Jones, Chanel Meausa, Lindsey Riddick, Gary Shaw(Other Similarly Situated), Sharif Stinson(Other Similarly Situated), Jeremy Thames, David Thompson, Ryburn Walkes(on behalf of themselves). (Fitch, Joshua) (Entered: 10/28/2011)

ENDORSED LETTER addressed to Judge Robert W. Sweet from Qiana Smith-Williams dated 11/2/2011 re: Counsel for the Defendants writes to request that the Court allow defendants to file a sur-reply to Plaintiffs' Reply Memorandum in Further Support of Plaintiffs' Motion for Certification, filed October 28, 2011. ENDORSEMENT: Sur-reply permitted as requested. (Signed by Judge Robert W. Sweet on 11/3/2011) (ab) (Entered: 11/03/2011)

DECLARATION of Jon L. Norinsberg in Support re: 29 Reply Memorandum of Law in Support of Motion,. Document filed by Michael Bennett(on behalf of themselves ), Michael Bennett(Other Similarly Situated), Victor Breland, Julius Dixon, Leander Griffin, Ricardo Jones, Chanel Meausa, Lindsey Riddick, Gary Shaw(Other Similarly Situated), Gary Shaw(on behalf of themselves), Sharif Stinson(Other Similarly Situated), Sharif Stinson(on behalf of themselves), Jeremy Thames, David Thompson, Ryburn Walkes(on behalf of themselves), Ryburn Walkes(Other Similarly Situated). (Attachments: # 1 Exhibit Bennett Dep., # 2 Exhibit Griffin Dep., # 3 Exhibit Walkes Dep., # 4 Exhibit Meausa Dep., # 5 Exhibit Shaw Dep., # 6 Exhibit Dixon Dep., # 7 Exhibit Jones Dep., # 8 Exhibit Breland Dep., # 9 Exhibit Riddick Dep., # 10 Exhibit Thames Dep., # 11 Exhibit Thompson Dep., # 12 Exhibit Stinson Dep.)(Fitch, Joshua) (Entered: 11/08/2011)

1 Exhibit Bennett Dep.

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2 Exhibit Griffin Dep.

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3 Exhibit Walkes Dep.

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4 Exhibit Meausa Dep.

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5 Exhibit Shaw Dep.

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6 Exhibit Dixon Dep.

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7 Exhibit Jones Dep.

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8 Exhibit Breland Dep.

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9 Exhibit Riddick Dep.

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10 Exhibit Thames Dep.

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11 Exhibit Thompson Dep.

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12 Exhibit Stinson Dep.

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Note to Attorney Regarding the Filing of Letters - Error

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - RESPONSE to Motion re: 12 MOTION to Certify Class. Sur-Reply in Further Opposition of Class Certification Motion. Document filed by Raymond W. Kelly, Raymond W. Kelly, The City of New York. (Smith, Qiana) Modified on 11/14/2011 (ldi). (Entered: 11/10/2011)

***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 32 HAS BEEN REJECTED. Note to Attorney Qiana Charmaine Smith : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ldi)

Minute Entry for proceedings held before Judge Robert W. Sweet: Motion Hearing held on 11/16/2011 re: 12 MOTION to Certify Class. filed by Gary Shaw, Ricardo Jones, David Thompson, Mica Ancrum, Jamel Towe, Mariam Farnum, Brian Morris, Jocelyn Ferdinand, Sean Pettigrew, Michael Bennett, Sharif Stinson, Chanel Meausa, Christian Dudley, Joseph Sarpong, Ryburn Walkes, Julius Dixon, Jeremy Thames, Victor Breland, Michael Riddick, Lindsey Riddick, Charlene Finley, Leander Griffin. (mro)

Motion Hearing

ENDORSED LETTER addressed to Judge Robert W. Sweet from Joshua P. Fitch dated 1/17/2012 re: I write now on behalf of former proposed representative plaintiff Mariam Farnum to request leave for her civil rights to pursue her claim individually. Defendants take no position with respect to this request. ENDORSEMENT: SO ORDERED. (Signed by Judge Robert W. Sweet on 1/17/2012) (ama) (Entered: 01/18/2012)

MEMORANDUM & OPINION: #101736 For the reasons set forth above, Plaintiffs' motion for class certification is granted. The class certified is defined to include individuals who were issued summonses that were later dismissed upon a judicial finding of facial insufficiency and who were ticketed without probable cause. Individuals who were issued summonses that survived the defect review process but were dismissed upon a judicial finding of facial insufficiency are presumptive members of the class, but Defendants can challenge any presumptive class members on grounds that the summons at issue was dismissed for reasons other than a lack of probable cause. The applicable class period is May 25, 2007 to the present, pursuant to the three year statute of limitations governing actions brought pursuant to 42 U.S.C. § 1983. The class is certified under both Rules 23 (b) (2) and 2 3 (b) (3), with the Rule 23 (b) (2) class seeking declaratory and injunctive relief and the Rule 23(b) (3) class seeking money damages. Plaintiffs Sharif Stinson, Ryburn Walkes, Gary Shaw, Michael Bennett, Chanel Meausa. David Thompson, Julius Dixon, Jeremy Thames, Leander Griffin, Ricardo Jones, Victor Breland and Lindsey Riddick will serve as class representatives, and Jon Norinsberg, Esq. and Cohen & Fitch LLP will serve as class counsel. re: 12 MOTION to Certify Class. filed by Gary Shaw, Ricardo Jones, David Thompson, Mica Ancrum, Jamel Towe, Mariam Farnum, Brian Morris, Jocelyn Ferdinand, Sean Pettigrew, Michael Bennett, Sharif Stinson, Chanel Meausa, Christian Dudley, Joseph Sarpong, Ryburn Walkes, Julius Dixon, Jeremy Thames, Victor Breland, Michael Riddick, Lindsey Riddick, Charlene Finley, Leander Griffin. (Signed by Judge Robert W. Sweet on 4/23/2012) (djc) Modified on 5/2/2012 (jab). (Entered: 04/23/2012)

PRETRIAL ORDER: Pretrial Conference set for 5/16/2012 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet and as further set forth in this order. (Signed by Judge Robert W. Sweet on 4/27/2012) (lmb) (Entered: 04/27/2012)

MOTION for Reconsideration re; 34 Memorandum & Opinion,,,,,,,. Document filed by Raymond W. Kelly, Raymond W. Kelly, The City of New York.(Smith, Qiana) (Entered: 05/07/2012)

MEMORANDUM OF LAW in Support re: 36 MOTION for Reconsideration re; 34 Memorandum & Opinion,,,,,,,.. Document filed by Raymond W. Kelly, Raymond W. Kelly, The City of New York. (Smith, Qiana) (Entered: 05/07/2012)

ORDER: The Defendants' motion for reconsideration will be heard on submission on May 30, 2012. All motion papers shall be served in accordance with Local Civil Rule 6.1. IT IS SO ORDERED. (Signed by Judge Robert W. Sweet on 5/08/2012) (ama) (Entered: 05/08/2012)

ENDORSED LETTER addressed to Judge Robert W. Sweet, from Joshua P. Fitch, dated 5/8/2012, re: on behalf of both parties to request an extension of both plaintiffs' time to file their opposition to defendants' motion for reconsideration and defendants' time to reply to same. Accordingly, the parties respectfully request that Your Honor adopt the following briefing schedule: Plaintiff's Opposition, 6/5/2012; Defendants' Reply, 6/18/2012. Parties also request that the conference currently scheduled for May 16, 2012 be adjourned to a date and time following the determination of defendants' instant motion. ENDORSEMENT: So ordered. ( Responses due by 6/5/2012, Replies due by 6/18/2012.) (Signed by Judge Robert W. Sweet on 5/8/2012) (ja) (Entered: 05/09/2012)

ENDORSED LETTER addressed to Judge Robert W. Sweet from Gerald M. Cohen dated 5/31/2012 re: Request to modify the briefing schedule as follows: Plaintiffs' Opposition: 6/12/2012; Defendants' Reply: 6/26/2012. ENDORSEMENT: So Ordered. ( Responses due by 6/12/2012, Replies due by 6/26/2012.) (Signed by Judge Robert W. Sweet on 6/4/2012) (jar) (Entered: 06/04/2012)

DECLARATION of Joshua P. Fitch in Opposition re: 36 MOTION for Reconsideration re; 34 Memorandum & Opinion,,,,,,,.. Document filed by Michael Bennett(on behalf of themselves ), Michael Bennett(Other Similarly Situated), Victor Breland, Julius Dixon, Leander Griffin, Ricardo Jones, Chanel Meausa, Lindsey Riddick, Gary Shaw(Other Similarly Situated), Gary Shaw(on behalf of themselves), Sharif Stinson(Other Similarly Situated), Sharif Stinson(on behalf of themselves), Jeremy Thames, David Thompson, Ryburn Walkes(on behalf of themselves), Ryburn Walkes(Other Similarly Situated). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Fitch, Joshua) (Entered: 06/12/2012)

MEMORANDUM OF LAW in Opposition re: 36 MOTION for Reconsideration re; 34 Memorandum & Opinion,,,,,,,.. Document filed by Michael Bennett(on behalf of themselves ), Michael Bennett(Other Similarly Situated), Victor Breland, Julius Dixon, Leander Griffin, Ricardo Jones, Chanel Meausa, Lindsey Riddick, Gary Shaw(Other Similarly Situated), Gary Shaw(on behalf of themselves), Sharif Stinson(Other Similarly Situated), Sharif Stinson(on behalf of themselves), Jeremy Thames, David Thompson, Ryburn Walkes(on behalf of themselves), Ryburn Walkes(Other Similarly Situated). (Fitch, Joshua) (Entered: 06/12/2012)

REPLY MEMORANDUM OF LAW in Support re: 36 MOTION for Reconsideration re; 34 Memorandum & Opinion,,,,,,,.. Document filed by Raymond W. Kelly, Raymond W. Kelly, The City of New York. (Smith, Qiana) (Entered: 06/26/2012)

DECLARATION of Qiana Smith-Williams in Support re: 36 MOTION for Reconsideration re; 34 Memorandum & Opinion,,,,,,,.. Document filed by Raymond W. Kelly, Raymond W. Kelly, The City of New York. (Smith, Qiana) (Entered: 06/26/2012)

OPINION denying re: #102082 36 MOTION for Reconsideration re; 34 Memorandum & Opinion filed by The City of New York, Raymond W. Kelly. (Signed by Judge Robert W. Sweet on 7/13/2012) (cd) Modified on 7/23/2012 (jab). (Entered: 07/19/2012)

Set/Reset Hearings

ORDER: Please be advised that the conference scheduled for 5/16/12 has been rescheduled to 9/26/12 at 4:30 p.m. in Courtroom 18C. Please notify opposing counsel of the change. (Signed by Judge Robert W. Sweet on 9/14/2012) (jfe) Modified on 9/14/2012 (jfe). (Entered: 09/14/2012)

Set/Reset Hearings: Pretrial Conference set for 9/26/2012 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (jfe)

Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 9/26/2012. PTC held. Case is on appeal to circuit pending decision. (lmb)

Pretrial Conference - Interim

***DELETED DOCUMENT. Deleted document number 47 STIPULATION AND PROTECTIVE ORDER FOR ATTORNEYS EYES ONLY. The document was incorrectly filed in this case. (mt)

Notice Regarding Deleted Document

Transmission of USCA Mandate/Order to District Judge

MANDATE of USCA (Certified Copy) USCA Case Number 12-3069. Petitioners, through counsel, move, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district courts order granting Respondents motion for class certification. Upon due consideration, it is hereby ORDERED that the petition is DENIED because an immediate appeal is unwarranted. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 139-40 (2d Cir. 2001). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/12/2012. (tp) (Entered: 12/12/2012)

Transmission of USCA Mandate/Order to the District Judge re: 47 USCA Mandate. (tp)

PRETRIAL ORDER: Counsel are directed to appear in courtroom 18C on 3/20/2013 at 4:30 p.m. for a pretrial conference for the purpose of resolving any outstanding discovery or other issues, and setting a time for trial. IT IS SO ORDERED. ( Pretrial Conference set for 3/20/2013 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 2/07/2013) (ama) (Entered: 02/07/2013)

ORDER: 3/20/2013 Pretrial Conference reset for 3/21/2013 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. Please notify opposing counsel of the change. (Signed by Judge Robert W. Sweet on 3/11/2013) (cd) (Entered: 03/11/2013)

ORDER: 3/21/2013 Pretrial Conference reset for 4/24/2013 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. Please notify opposing counsel of the change. (Signed by Judge Robert W. Sweet on 3/21/2013) (cd) (Entered: 03/21/2013)

ORDER: 4/24/2013 Pretrial Conference reset for 4/25/2013 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. Please notify opposing counsel of the change. (Signed by Judge Robert W. Sweet on 4/22/2013) (cd) (Entered: 04/22/2013)

Minute Entry for proceedings held before Judge Robert W. Sweet: Pretrial Conference held on 4/25/2013. (mro)

Pretrial Conference - Interim

ORDER: All motions are to be made returnable at 12:00 noon on Wednesday and in compliance with the rules of this Court. The parties shall complete all fact discovery by 1/15/2014 and all expert discovery by 4/16/2014. The parties shall file all motion, other than motions in limine, by this date. The parties shall submit to the court trial briefs, a jointed proposed pretrial order, and, if applicable, motions in limine and proposed jury charges, voir dire requests and special verdict form in accordance with the annexed form and instructions by 5/7/2014. Final Pretrial Conference set for 5/7/2014 at 04:30 PM before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 4/25/2013) (tro) (Entered: 04/29/2013)

MOTION to Appoint Counsel to Appoint Quinn Emanuel Urquhart & Sullivan LLP as Co-Lead Class Counsel. Document filed by Michael Bennett(Other Similarly Situated), Victor Breland, Julius Dixon, Leander Griffin, Ricardo Jones, Chanel Meausa, Lindsey Riddick, Gary Shaw(on behalf of themselves), Sharif Stinson(on behalf of themselves), Jeremy Thames, Ryburn Walkes(Other Similarly Situated). Return Date set for 8/21/2013 at 12:00 PM.(Cohen, Gerald) (Entered: 07/29/2013)

MEMORANDUM OF LAW in Support re: 53 MOTION to Appoint Counsel to Appoint Quinn Emanuel Urquhart & Sullivan LLP as Co-Lead Class Counsel.. Document filed by Michael Bennett(Other Similarly Situated), Victor Breland, Julius Dixon, Leander Griffin, Ricardo Jones, Chanel Meausa, Lindsey Riddick, Gary Shaw(on behalf of themselves), Sharif Stinson(on behalf of themselves), Jeremy Thames, David Thompson, Ryburn Walkes(Other Similarly Situated). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cohen, Gerald) (Entered: 07/29/2013)

1 Exhibit A

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2 Exhibit B

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NOTICE OF APPEARANCE by Stephen Randall Neuwirth on behalf of Michael Bennett(on behalf of themselves ), Michael Bennett(Other Similarly Situated), Victor Breland, Julius Dixon, Leander Griffin, Ricardo Jones, Chanel Meausa, Lindsey Riddick, Gary Shaw(Other Similarly Situated), Gary Shaw(on behalf of themselves), Sharif Stinson(Other Similarly Situated), Sharif Stinson(on behalf of themselves), Jeremy Thames, David Thompson, Ryburn Walkes(on behalf of themselves), Ryburn Walkes(Other Similarly Situated). (Neuwirth, Stephen) (Entered: 07/29/2013)

NOTICE OF APPEARANCE by Steig Olson on behalf of Michael Bennett(on behalf of themselves ), Michael Bennett(Other Similarly Situated), Victor Breland, Julius Dixon, Leander Griffin, Ricardo Jones, Chanel Meausa, Lindsey Riddick, Gary Shaw(Other Similarly Situated), Gary Shaw(on behalf of themselves), Sharif Stinson(Other Similarly Situated), Sharif Stinson(on behalf of themselves), Jeremy Thames, David Thompson, Ryburn Walkes(on behalf of themselves), Ryburn Walkes(Other Similarly Situated). (Olson, Steig) (Entered: 07/29/2013)

NOTICE OF APPEARANCE by Elinor Catherine Sutton on behalf of Michael Bennett(on behalf of themselves ), Michael Bennett(Other Similarly Situated), Victor Breland, Julius Dixon, Leander Griffin, Ricardo Jones, Chanel Meausa, Lindsey Riddick, Gary Shaw(Other Similarly Situated), Gary Shaw(on behalf of themselves), Sharif Stinson(Other Similarly Situated), Sharif Stinson(on behalf of themselves), Jeremy Thames, David Thompson, Ryburn Walkes(on behalf of themselves), Ryburn Walkes(Other Similarly Situated). (Sutton, Elinor) (Entered: 07/29/2013)

ORDER re: 53 MOTION to Appoint Counsel to Appoint Quinn Emanuel Urquhart & Sullivan LLP as Co-Lead Class Counsel filed by Chanel Meausa, Gary Shaw, Ricardo Jones, Julius Dixon, Ryburn Walkes, Jeremy Thames, Victor Breland, Michael Bennett, Sharif Stinson, Lindsey Riddick, Leander Griffin. The plaintiffs' motion for the appointment of Quinn Emanuel Urquhart & Sullivan as co-lead class counsel pursuant to Fed. R. Civ. P. 23(g) will be heard on submission on August 21, 2013. All motion papers shall be served in accordance with Local Rule 6.1. (Signed by Judge Robert W. Sweet on 8/5/2013) (tn) (Entered: 08/07/2013)

MEMO ENDORSED on NOTICE OF MOTION FOR THE APPOINTMENT OF QUINN EMANUEL URQUHART & SULLIVAN, LLP AS CO-LEAD CLASS COUNSEL PURSUANT TO FED R. CIV. P. 23(G) granting 53 Motion to Appoint Counsel. ENDORSEMENT: Motion granted, no opposition. (Signed by Judge Robert W. Sweet on 8/23/2013) (rsh) (Entered: 08/29/2013)

ORDER: The Defendants' motion for a protective order, dated August 23, 2013, will be heard at noon on Wednesday, September 25, 2013 in courtroom 18C. All motion papers shall be served in accordance with Local Civil Rule 6.1. (Status Conference set for 9/25/2013 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 8/30/2013) (rsh) (Entered: 09/05/2013)

NOTICE of Attorney Change of Name. Document filed by The City of New York. (Publicker, Suzanna) (Entered: 09/12/2013)

LETTER MOTION for Local Rule 37.2 Conference Reply to Defendants' 08.23.13 Motion for Protective Order addressed to Judge Robert W. Sweet from Qiana Smith-Williams dated September 16, 2013. Document filed by Raymond W. Kelly, Raymond W. Kelly, The City of New York.(Publicker, Suzanna) (Entered: 09/16/2013)

Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 9/25/2013 re: 63 Letter filed by The City of New York. Remark: Motion for a protective order held. (sc)

Oral Argument

LETTER addressed to Judge Robert W. Sweet from Qiana Snith-Williams dated 8/23/2013 re: Request for a protective order and that the Court limit the anticipated Rule 30(b)(6) deposition. Document filed by The City of New York.(cd) (Entered: 10/01/2013)

LETTER addressed to Judge Robert W. Sweet from Stephen R. Neuwirth dated 8/30/2013 re: Response to defendant City of NY letter, dated 8/23/2013 (previous docket entry) re request for a protective order be denied. Document filed by Sharif Stinson et al.(cd) (Entered: 10/01/2013)

Minute Entry for proceedings held before Judge Robert W. Sweet: Status Conference held on 10/2/2013. (js)

Status Conference