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Case: Davis v. City of New York

1:10-cv-00699 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 28, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

This is one of four ongoing cases challenging the constitutionality of the New York Police Department's "Stop and Frisk" program. See: Floyd v. City of New York (PN-NY-0009); Daniels v. City of New York (PN-NY-0010); and Ligon v. City of New York (PN-NY-0014). On January 28, 2010, the plaintiffs filed this class action lawsuit in the U.S. District Court for the Southern District of New York against the City of New York and the New York City Housing Authority. The plaintiffs included Black and L…

This is one of four ongoing cases challenging the constitutionality of the New York Police Department's "Stop and Frisk" program. See: Floyd v. City of New York (PN-NY-0009); Daniels v. City of New York (PN-NY-0010); and Ligon v. City of New York (PN-NY-0014).

On January 28, 2010, the plaintiffs filed this class action lawsuit in the U.S. District Court for the Southern District of New York against the City of New York and the New York City Housing Authority. The plaintiffs included Black and Latino New York City Housing Authority tenants and their guests who were arrested while visiting. The plaintiffs, represented by private counsel, the Legal Aid Society, and the NAACP Legal Defense & Educational Fund, sought declaratory and injunctive relief as well as compensatory damages and attorney's fees and costs.

The plaintiffs brought their claim under 42 U.S.C. § 1983 and 42 U.S.C. § 1981, alleging violations of the Fourth and Fourteenth Amendments to the United States Constitution; Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000(d); the Fair Housing Act, 42 U.S.C. § 3601 et seq.; the United States Housing Act, 42, U.S.C. § 1437, et seq.; the Constitution and laws of the state of New York; and the New York City Human Rights Law.

Specifically, the plaintiffs claimed that the City of New York and the New York City Housing Authority ("NYCHA"), through the New York City Police Department ("NYPD"), maintained an unlawful patrol and trespass arrest policy that resulted in a pattern and practice of illegal stops, seizures, questioning, searches, and false arrests of residents of, and authorized visitors to, NYCHA residences. The NYPD conducted vertical patrols, which are top-to-bottom walk-through patrols or "sweeps" of hallways, stairwells, rooftops and landings, elevators, and other common areas of a NYCHA residence. The complaint alleged that the police stopped and questioned residents and their visitors without objective individualized suspicion of crime and unlawfully arrested them for trespass without probable cause. The plaintiffs further alleged that the trespass laws were being enforced in and around NYCHA residences on the basis of race, ethnicity, and/or national origin in an intentionally discriminatory manner, because the patrols focused on NYCHA residences, who were predominantly African American and Latino.

According to the complaint, at least one resident of the building was arrested for "trespass" (although charges against him were never prosecuted). Numerous plaintiffs who were arrested for trespass while visiting building residents suffered negative employment effects due to their arrest and detention, including missed job interviews, suspension or limitation of employment, or full termination.

Nine of the original eighteen plaintiffs accepted offers for settlement. (Four accepted on October 4, 2010 and five accepted on December 20, 2010).

On May 4, 2011, the Court (Judge Shira A. Scheindlin) issued an order compelling the city to provide documents for discovery. The Court ordered the City to produce documents characterized as "drafts of the training curriculum/training scenarios" and as "deliberations about substantiated CCRB complaints concerning the legality of stops and arrests on NYCHA properties," and to submit a more detailed privilege log with respect to other documents.

On July 5, 2011, the Judge Scheindlin denied the defendant's motion for summary judgment. 812 F. Supp. 2d 333. On October 17, 2011, Judge Scheindlin awarded attorneys' fees and costs to those plaintiffs who had accepted settlement offers.

Discovery battles ensued, and, in several opinions, Magistrate Judge Henry Pitman further compelled production of documents and Judge Scheindlin compelled the appearance of an Integrity Control Officer for deposition.

On October 4, 2012, Judge Scheindlin granted in part and denied in part defendants' motions for summary judgment. This opinion adjudicated only the individual circumstances of plaintiffs' arrests and tenancies; it did not adjudicate defendants' practices and policies. The Court did not rule definitively on the Equal Protection claims against the City, the Title VI claims, the Fair Housing Act claims, the state and city law claims against NYCHA, nor the United States Housing Act claim against NYCHA because those issues required further briefing. The Court granted summary judgment in favor of NYCHA regarding the equal protection claims (because plaintiffs did not show that NYCHA was liable for the arrests), to the City on state and city human rights law violations, and to defendants on the substantive due process claims (because the Court found them duplicative). The court denied summary judgment on § 1981 claims regarding two plaintiffs and denied summary judgment on plaintiff's request for injunctive relief.

On March 28, 2013, Judge Scheindlin granted in part and denied in part defendants' motions for summary judgement. This opinion granted NYCHA's motion for summary judgement on all remaining NYSC claims as well as granting summary judgement on the remaining race discrimination claims. The Court denied summary judgment on section 1981, FHA, Fourth Amendment, Equal Protection, and USHA claims. 959 F.Supp.2d 324.

On August 29, 2013, Judge Scheindlin certified the "Stopped Class" and "Resident Class" under Rule 23(b)(2). 2013 WL 4712501. The parties entered into settlement talks. After two years, the parties finally reached a settlement agreement in January 2015. The NYPD agreed to revise their Patrol Guide on vertical (or interior) patrols in NYC public housing and the related NYPD training materials regarding vertical patrols and enforcement of NYCHA rules. The settlement also imposed a documentation requirement for all trespass arrests in NYC public housing, and modified certain NYCHA rules concerning residents’ cooperation with police and the prohibited activity of “lingering.”

Upon final court approval, the Davis case would become part of the court monitoring process that was ordered in the lawsuit that successfully challenged the NYPD’s stop-and-frisk policies (Floyd v. City of New York). This settlement would be overseen by the monitor as the one in Floyd and Ligon.

On April 28, 2015, the court approved the settlement and retained jurisdiction of the case to enforce the settlement. On this day, the case was also transferred to Judge Torres, who was in charge of the other stop-and-frisk cases. see Floyd v. City of New York (PN-NY-0009) for the implementation and monitoring proceedings of the settlement agreements.

On August 1, 2019, The parties filed a proposed stipulation and order to incorporate new terms into the settlement. According to the stipulation and order, issued by Judge Torres that same day, the new terms included, "the duties of the Monitor and the Joint Remedial Process, for the purpose of enforcing the Stipulation of Settlement and Order as it pertains to reforms to the NYPD's practices that relate to trespass enforcement in or around NYCHA residences, including training, supervision, monitoring, and discipline of officers."

On May 26, 2020, the Davis, Floyd, and Ligon plaintiffs filed an emergency motion for relief, alleging that the NYPD's discriminatory social-distancing enforcement practices in response to the COVID-19 outbreak in New York City violated the court's orders, the NYPD’s Court-approved racial profiling policy, and the Fourth and Fourteenth Amendments. In their brief, the plaintiffs cited a statistical analysis prepared by The Legal Aid Society showing that the police executed the the majority of arrests in predominantly Black and Latinx precincts, despite those precincts accounting for less than half of the social distancing complaints. Judge Torres denied the emergency motion on July 8. 2020 WL 3819566. She found that the COVID claims alleged by the plaintiffs did not "fall squarely within the scope of the policies and practices adjudicated in this litigation." Further, Judge Torres noted that the plaintiffs' requested blanket injunction would interfere with lawful police enforcement.

This case is ongoing.

Summary Authors

Emily Goldman (10/21/2012)

Andrew Steiger (1/28/2014)

Jessica Kincaid (4/1/2016)

Jake Parker (7/12/2018)

Alex Moody (4/20/2020)

Justin Hill (10/26/2020)

Related Cases

Floyd v. City of New York, Southern District of New York (2008)

Ligon v. City of New York, Southern District of New York (2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4347389/parties/davis-v-the-city-of-new-york/


Judge(s)

Pitman, Henry B. (New York)

Scheindlin, Shira A. (New York)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Adegbile, Debo Patrick (New York)

Audain, Raymond (New York)

Banks, Steven (New York)

Beale, Elana Rose (New York)

Bodden, Marlen Suyapa (New York)

Brooker, Katherine E.G. (New York)

Chandran, Ashok (New York)

Judge(s)

Pitman, Henry B. (New York)

Scheindlin, Shira A. (New York)

Torres, Analisa Nadine (New York)

Attorneys(s) for Plaintiff

Adegbile, Debo Patrick (New York)

Audain, Raymond (New York)

Banks, Steven (New York)

Beale, Elana Rose (New York)

Bodden, Marlen Suyapa (New York)

Brooker, Katherine E.G. (New York)

Chandran, Ashok (New York)

Clunie, David George (New York)

Conti-Cook, Cynthia H. (New York)

Cusick, John (New York)

Elmouji, Erin Elizabeth (New York)

Gibney, William D. (New York)

Griffard, Molly (New York)

Harris, Angel Sharrell (New York)

Hirshman, Michele (New York)

Hoag, Alexis (New York)

Ifill, Sherrilyn (New York)

James, Seymour W. Jr. (New York)

Jason, Kevin Eli (New York)

Kleinman, Rachel Miriam (New York)

Lee, Jin Hee (New York)

Leffell, Daniel J. (New York)

Lenox, Marne Lynne (New York)

Mar, Ria Tabacco (New York)

Meizlish, Jason Lowell (New York)

Merle, Natasha C. (New York)

Milligan, Joy (New York)

Moretti, Amanda Carol (New York)

Moses, Matthew Jason (New York)

Nelson, Janai S. (New York)

Okonta, Patricia (New York)

Payton, John (New York)

Rosenbloom, Nancy (New York)

Smith, Johnathan James (New York)

Stanley, James E. (New York)

Steinberg, Johanna B. (New York)

Stoughton, Corey (New York)

Sussman, Aaron Ross (New York)

Swarns, Christina (New York)

Wasserman, Steven (New York)

Williams, A. Damian (New York)

Williamson, Jason D. (New York)

Wood, Julia Tarver-Mason (New York)

Attorneys(s) for Defendant

Anakhu, Joy Tolulope (New York)

Booth, Amatullah Khaliha (New York)

Carter, Zachary W. (New York)

Cooke, Brenda Elaine (New York)

Cooper, David Allen (New York)

Donahue, Linda (New York)

Farber, David (District of Columbia)

Goode-Trufant, Muriel (New York)

Hazan, David M. (New York)

Jenerette, Tonya (New York)

Kunz, Morgan David (New York)

Marutollo, Joseph Anthony (New York)

Murphy, Donna M. (District of Columbia)

Patrick, Bradford Collins (New York)

Rappaport, Stephen Jay (New York)

Reddy, Prathyusha Bandi (New York)

Richardson, Lisa Marie (New York)

Soterakis, George Thomas (New York)

Sundaran, Raju (New York)

Vickers, Judson Krebbs (New York)

Expert/Monitor/Master

Tabacco, Ria A. (New York)

Zimroth, Peter L. (New York)

Documents in the Clearinghouse

Document

1:10-cv-00699

1:08-cv-01034

1:12-cv-02274

Docket [PACER]

Sept. 8, 2020

Sept. 8, 2020

Docket
1

1:10-cv-00699

Complaint

Jan. 28, 2010

Jan. 28, 2010

Complaint
67

1:10-cv-00699

Opinion and Order

May 4, 2011

May 4, 2011

Order/Opinion
78

1:10-cv-00699

Opinion and Order

Davis v. The City of New York

July 5, 2011

July 5, 2011

Order/Opinion
116

1:10-cv-00699

Opinion and Order

Oct. 17, 2011

Oct. 17, 2011

Order/Opinion
153

1:10-cv-00699

Opinion and Order

Feb. 27, 2012

Feb. 27, 2012

Order/Opinion
171

1:10-cv-00699

Opinion and Order

June 4, 2012

June 4, 2012

Order/Opinion
172

1:10-cv-00699

Memorandum Opinion and Order

June 13, 2012

June 13, 2012

Order/Opinion
191

1:10-cv-00699

Memorandum Opinion and Order

June 26, 2012

June 26, 2012

Order/Opinion
212

1:10-cv-00699

Amended Opinion and Order

Davis v. New York

Oct. 9, 2012

Oct. 9, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4347389/davis-v-the-city-of-new-york/

Last updated Nov. 30, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against The City of New York, New York City Housing Authority. (Filing Fee $ 350.00, Receipt Number 893284)Document filed by Edwin Larregui, Roman Jackson, Kelton Davis, Kristin Johnson, Eleanor Britt, Anthony Anderson, Lashaun Smith, Shawne Jones, Hector Suarez, Adam Cooper, Andrew Washington, P.L., David Wilson, William Turner, Geneva Wilson, Altagracia Hernandez.(ama) (ama). (Entered: 01/29/2010)

Jan. 28, 2010

Jan. 28, 2010

RECAP

Case Designated ECF

Jan. 28, 2010

Jan. 28, 2010

PACER

Case Designated ECF. (ama)

Jan. 28, 2010

Jan. 28, 2010

PACER

CASE REFERRED TO Judge Shira A. Scheindlin as possibly Related to 1:08-cv-1034. (ama)

Jan. 28, 2010

Jan. 28, 2010

PACER

SUMMONS ISSUED as to The City of New York, New York City Housing Authority. (ama)

Jan. 28, 2010

Jan. 28, 2010

PACER

Summons Issued

Jan. 28, 2010

Jan. 28, 2010

PACER

Case Referred as Possibly Related/Similar

Jan. 28, 2010

Jan. 28, 2010

PACER
2

SUMMONS RETURNED EXECUTED Summons and Complaint, served. The City of New York served on 1/29/2010, answer due 2/19/2010. Service was accepted by Dmitriv Aronov. Document filed by Edwin Larregui; Roman Jackson; Kelton Davis; Kristin Johnson; Eleanor Britt; Anthony Anderson; Lashaun Smith; Shawne Jones; Hector Suarez; Adam Cooper; Andrew Washington; P.L.; David Wilson; William Turner; Geneva Wilson; Altagracia Hernandez. (Clunie, David) (Entered: 02/04/2010)

Feb. 4, 2010

Feb. 4, 2010

PACER
3

SUMMONS RETURNED EXECUTED Summons and Complaint, served. New York City Housing Authority served on 1/29/2010, answer due 2/19/2010. Service was accepted by Nancy Medina. Document filed by Edwin Larregui; Roman Jackson; Kelton Davis; Kristin Johnson; Eleanor Britt; Anthony Anderson; Lashaun Smith; Shawne Jones; Hector Suarez; Adam Cooper; Andrew Washington; P.L.; David Wilson; William Turner; Geneva Wilson; Altagracia Hernandez. (Clunie, David) (Entered: 02/04/2010)

Feb. 4, 2010

Feb. 4, 2010

PACER
4

NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. (rdz) (Entered: 02/11/2010)

Feb. 8, 2010

Feb. 8, 2010

PACER

CASE ACCEPTED AS RELATED. Create association to 1:08-cv-01034-SAS. Notice of Assignment to follow. (rdz)

Feb. 8, 2010

Feb. 8, 2010

PACER

Case Accepted as Related

Feb. 8, 2010

Feb. 8, 2010

PACER

Case Designation

Feb. 8, 2010

Feb. 8, 2010

PACER

Magistrate Judge Henry Pitman is so designated. (rdz)

Feb. 8, 2010

Feb. 8, 2010

PACER
5

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Prathyusha Reddy dated 2/18/2010 re: Counsel respectfully request that the Court grant defendant City and defendant NYCHA's application to extend their time to answer or otherwise respond to the complaint by 45 day until 4/5/2010. ENDORSEMENT: Defendant's request for an extension of time to respond to the complaint is hereby granted. Defendants' response is due April 5, 2010. No further extensions will be granted. So Ordered. (Signed by Judge Shira A. Scheindlin on 2/18/2010) (jfe) (Entered: 02/19/2010)

Feb. 19, 2010

Feb. 19, 2010

PACER
6

ORDER FOR INITIAL PRETRIAL CONFERENCE: Counsel are directed to appear for an initial pretrial conference set for 4/6/2010 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 3/5/10) (dle) (Entered: 03/08/2010)

March 8, 2010

March 8, 2010

PACER
7

NOTICE OF APPEARANCE by David M. Hazan on behalf of The City of New York (Hazan, David) (Entered: 03/22/2010)

March 22, 2010

March 22, 2010

PACER
8

NOTICE OF APPEARANCE by Daniel J. Leffell on behalf of Edwin Larregui, Roman Jackson, Kelton Davis, Kristin Johnson, Eleanor Britt, Anthony Anderson, Lashaun Smith, Shawne Jones, Hector Suarez, Adam Cooper, Andrew Washington, P.L., David Wilson, William Turner, Geneva Wilson, Altagracia Hernandez (Leffell, Daniel) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
9

NOTICE OF APPEARANCE by Johanna Beth Steinberg on behalf of Edwin Larregui, Roman Jackson, Kelton Davis, Kristin Johnson, Eleanor Britt, Anthony Anderson, Lashaun Smith, Shawne Jones, Hector Suarez, Adam Cooper, Andrew Washington, P.L., David Wilson, William Turner, Geneva Wilson, Altagracia Hernandez (Steinberg, Johanna) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
10

ANSWER to Complaint with JURY DEMAND. Document filed by The City of New York. (Attachments: # 1 Exhibit "A")(Hazan, David) (Entered: 04/05/2010)

2 Exhibit "A"

View on PACER

April 5, 2010

April 5, 2010

PACER
11

NOTICE OF APPEARANCE by William Donald Gibney, Sr on behalf of Edwin Larregui, Roman Jackson, Kelton Davis, Kristin Johnson, Eleanor Britt, Anthony Anderson, Lashaun Smith, Shawne Jones, Hector Suarez, Adam Cooper, Andrew Washington, P.L., David Wilson, William Turner, Geneva Wilson, Altagracia Hernandez (Gibney, William) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
12

ANSWER to Complaint. Document filed by New York City Housing Authority.(Rappaport, Steven) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

RECAP
13

NOTICE OF APPEARANCE by Amanda Carol Moretti on behalf of Edwin Larregui, Roman Jackson, Kelton Davis, Kristin Johnson, Eleanor Britt, Anthony Anderson, Lashaun Smith, Shawne Jones, Hector Suarez, Adam Cooper, Andrew Washington, P.L., David Wilson, William Turner, Geneva Wilson, Altagracia Hernandez (Moretti, Amanda) (Entered: 04/06/2010)

April 6, 2010

April 6, 2010

PACER
14

SCHEDULING ORDER: The parties have agreed to provide initial disclosures pursuant to F.R.C.P. 26(a)(1) no later than 4/19/2010. The parties further agree to serve their respective initial requests for the production of documents within (30) days of the initial conference, which shall be on or before 5/6/2010. Response June 7. Depositions June, Jul, Aug. Class Certification- Plaintiff: 9/10; 10/11; 11/1. Plaintiffs shall serve their expert report(s) within thirty (30) days of the close of factual discovery, which shall be on or before 11/5/2010. Expert depositions for both parties shall be completed by 1/5/2011. The parties shall complete factual discovery by 10/6/2010. The date by which Plaintiff will supply its pre-trial order matters to Defendants to be determined. The date by which the parties will submit a pre-trial order in a form conforming with the Court's instructions together with trial briefs and either (1) proposed findings of fact or conclusions of law for a non-jury trial, or (2) proposed voir dire questions and proposed jury instructions, for a jury trial to be determined. Final Pretrial Conference set for 11/16/2010 at 04:30 PM before Judge Shira A. Scheindlin. The parties shall have until 6/7/2010 to amend the pleadings and add parties. The parties shall file dispositive motions within 30 days of the close of expert discovery, which shall be on or before 2/7/2011. A settlement conference will be scheduled within sixty (60) days of the initial conference, which shall be on or before 6/7/2010. The parties anticipate that trial in this matter will take approximately four (4) weeks for jury trial. (Signed by Judge Shira A. Scheindlin on 4/6/2010) (tro) (Entered: 04/07/2010)

April 6, 2010

April 6, 2010

PACER
15

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Shira A. Scheindlin on 4/6/2010) (tro) (Entered: 04/07/2010)

April 6, 2010

April 6, 2010

PACER

Set Deadlines/Hearings: Joinder of Parties due by 6/7/2010. (tro)

April 6, 2010

April 6, 2010

PACER

Set Deadlines/Hearings

April 6, 2010

April 6, 2010

PACER

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Settlement Conference held on 8/5/2010; settlement unsuccessful. (mro)

Aug. 5, 2010

Aug. 5, 2010

PACER

Settlement Conference

Aug. 5, 2010

Aug. 5, 2010

PACER

***DELETED DOCUMENT. Deleted document number 16 Endorsed Letter. The document was incorrectly filed in this case. (db)

Aug. 16, 2010

Aug. 16, 2010

PACER

Notice Regarding Deleted Document

Aug. 16, 2010

Aug. 16, 2010

PACER
16

ORDER EXTENDING DEADLINE FOR MOTION FOR CLASS CERTIFICATION: It is hereby ordered that the deadlines for briefing the Court on class certification are extended to the following dates: 12/10/2010 for the Class Certification Motion; 1/10/2010 for the Class Certification Response; and 1/31/2010 for the Class Certification Reply; and a status conference will be held on November 16th at 4:30 pm and on September 2nd, 2010 at 3:30pm. No further extensions. (Signed by Judge Shira A. Scheindlin on 8/30/2010) (jpo) (Main Document 16 replaced on 8/30/2010) (jpo). (Entered: 08/30/2010)

Aug. 30, 2010

Aug. 30, 2010

PACER
17

ENDORSED LETTER: addressed to Judge Shira A. Scheindlin from David G. Clunie dated 8/31/2010 re: Plaintiffs request an adjournment of this Thursday's status conference. ENDORSEMENT: Plaintiffs' request to adjourn the conference currently scheduled for September 2, 2010 is hereby granted. The conference will be held on Wednesday, Sept. 8, 2010 at 10:00 a.m. So Ordered. (Signed by Judge Shira A. Scheindlin on 8/31/2010) (js) (Entered: 09/01/2010)

Sept. 1, 2010

Sept. 1, 2010

RECAP
18

NOTICE OF APPEARANCE by Prathyusha Bandi Reddy on behalf of The City of New York (Reddy, Prathyusha) (Entered: 09/01/2010)

Sept. 1, 2010

Sept. 1, 2010

PACER
19

ORDER that David Clunie hereby withdraws as counsel for plaintiff(s) Kelton Davis, William Turner, Altagracia Hernandez, Edwin Larregui, Roman Jackson, Kristin Johnson, Eleanor Britt, Anthony Anderson, LaShaun Smith, Shawne Jones, Hector Suarez, Adam Cooper, Andrew Washington, P.L. by his parent Usa Piggott, David Wilson and Geneva Wilson in the above-captioned action. After September 7, 2010, I will no longer be associated with Paul, Weiss, Rifkind, Wharton & Garrison LLP. Attached is my affidavit, in accordance with Rule 1.4 of the Local Civil Rules of the United States District Court for the Southern District of New York. Jason Williamson and Daniel Leffell of Paul, Weiss, Rifkind, Wharton & Garrison LLP, Johanna Steinberg of the NAACP Legal Defense and Educational Fund, Inc. and William Gibney and Amanda Moretti of The Legal Aid Society, all ofwhom are counsel of record for plaintiff(s), will continue to represent plaintiff(s) in this action. Attorney David George Clunie terminated. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 9/13/2010) (jmi) (Entered: 09/14/2010)

Sept. 13, 2010

Sept. 13, 2010

RECAP
20

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Prathyusha Reddy dated 9/20/10 re: counsel requests a three-week extension of the deadline to submit part of the NYPD stop, question and frisk database, as well as part of the Omniform Arrest database to plaintiffs. ENDORSEMENT: Request granted. The City must produce the specified databases by October 29, 2010. This extension does not affect any other scheduled dates in this case. So Ordered. (Signed by Judge Shira A. Scheindlin on 9/20/10) (djc) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

RECAP
21

NOTICE OF APPEARANCE by Bradford Collins Patrick on behalf of The City of New York (Patrick, Bradford) (Entered: 09/21/2010)

Sept. 21, 2010

Sept. 21, 2010

PACER
22

STIPULATION TO VOLUNTARILY DISMISS ALL CLAIMS OF PLAINTIFF ALTAGRACIA HERNANDEZ: It is hereby sitpulated and agreed by and between the parties that Plaintiff Altagracia Hernandez hereby voluntarily dismisses all of her claims against Defendants without prejudice and is no longer a party to this action. (Signed by Judge Shira A. Scheindlin on 9/23/2010) (jpo) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

RECAP
23

TRANSCRIPT of proceedings held on 9/8/2010 before Judge Shira A. Scheindlin. (jn) (Entered: 10/06/2010)

Oct. 4, 2010

Oct. 4, 2010

PACER
24

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential information... (Signed by Judge Shira A. Scheindlin on 10/21/10) (pl) (Entered: 10/22/2010)

Oct. 21, 2010

Oct. 21, 2010

RECAP
25

NOTICE OF APPEARANCE by Tonya Jenerette on behalf of New York City Housing Authority, The City of New York (Jenerette, Tonya) (Entered: 11/01/2010)

Nov. 1, 2010

Nov. 1, 2010

PACER
26

ORDER, that deadlines listed in the April 6, 2010 Scheduling Order are stayed pending the outcome of the parties' status conference before the Court on November 16, 2010. (Signed by Judge Shira A. Scheindlin on 11/8/2010) (lnl) (Entered: 11/09/2010)

Nov. 8, 2010

Nov. 8, 2010

RECAP
27

NOTICE OF APPEARANCE by Johnathan James Smith on behalf of Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson (Smith, Johnathan) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
28

TRANSCRIPT of proceedings held on 11/16/10, 4:40 p.m. before Judge Shira A. Scheindlin. (rjm) (Entered: 12/01/2010)

Dec. 1, 2010

Dec. 1, 2010

PACER
29

NOTICE OF APPEARANCE by Nancy Rosenbloom on behalf of Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Altagracia Hernandez, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson (Rosenbloom, Nancy) (Entered: 12/08/2010)

Dec. 8, 2010

Dec. 8, 2010

RECAP
30

NOTICE of Motion for Summary Judgment. Document filed by The City of New York. (Jenerette, Tonya) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

RECAP
31

FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief. Document filed by The City of New York. Responses due by 12/24/2010(Jenerette, Tonya) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

RECAP
32

MONTHLY MEMORANDUM OF LAW in Opposition re: 31 FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief.. Document filed by The City of New York. (Jenerette, Tonya) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

RECAP
33

DECLARATION of Edward Delatorre in Support re: 31 FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief.. Document filed by The City of New York. (Jenerette, Tonya) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

RECAP
34

RULE 56.1 STATEMENT. Document filed by The City of New York. (Jenerette, Tonya) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

RECAP
35

DECLARATION of Steven J. Rappaport in Support re: 31 FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief.. Document filed by New York City Housing Authority. (Rappaport, Steven) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

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36

MEMORANDUM OF LAW in Opposition re: 31 FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief.. Document filed by Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson. (Steinberg, Johanna) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

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37

DECLARATION of Katharine E.G. Brooker in Opposition re: 31 FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief.. Document filed by Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson. (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, # 9 Exhibit I)(Brooker, Katharine) (Entered: 12/23/2010)

1

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3

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4

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5

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6

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7

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8

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9

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Dec. 23, 2010

Dec. 23, 2010

PACER
38

DECLARATION of Daniel Barber in Opposition re: 31 FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief.. Document filed by Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson. (Brooker, Katharine) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

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39

DECLARATION of Erik Crawford in Opposition re: 31 FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief.. Document filed by Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson. (Brooker, Katharine) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

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40

DECLARATION of Anthony Elitcher in Opposition re: 31 FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief.. Document filed by Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson. (Brooker, Katharine) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

RECAP
41

DECLARATION of Johnathan J. Smith in Opposition re: 31 FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief.. Document filed by Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brooker, Katharine) (Entered: 12/23/2010)

1 Exhibit A

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2 Exhibit B

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Dec. 23, 2010

Dec. 23, 2010

PACER
42

RULE 56.1 STATEMENT. Document filed by Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson. (Steinberg, Johanna) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

RECAP
43

ORDER Deposition due by 8/2/2011. Fact Discovery due by 5/2/2011, see document for expert reports information. Class certification Motions due by 6/2/2011. Responses due by 7/2/2011, Replies due by 7/23/2011. (Signed by Judge Shira A. Scheindlin on 1/4/11) (cd) (Entered: 01/05/2011)

Jan. 5, 2011

Jan. 5, 2011

PACER
44

ORDER: Deposition due by 8/2/2011. Discovery due by 5/2/2011. Motions due by 6/2/2011. Responses due by 7/2/2011, Replies due by 7/23/2011. (Signed by Judge Shira A. Scheindlin on 1/4/2011) (jpo) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

RECAP
45

REPLY MEMORANDUM OF LAW in Support re: 31 FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief.. Document filed by The City of New York. (Patrick, Bradford) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

RECAP
46

REPLY AFFIDAVIT of Edward Delatorre in Support re: 31 FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief.. Document filed by The City of New York. (Patrick, Bradford) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

RECAP
47

REPLY AFFIRMATION of Bradford C. Patrick in Support re: 31 FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief.. Document filed by The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Patrick, Bradford) (Entered: 01/07/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Jan. 7, 2011

Jan. 7, 2011

PACER
48

COUNTER STATEMENT TO 42 Rule 56.1 Statement,. Document filed by The City of New York. (Patrick, Bradford) (Entered: 01/07/2011)

Jan. 7, 2011

Jan. 7, 2011

RECAP
49

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Tonya Jenerette dated 1/7/2011 re: The City respectfully that the Court accept the City's reply brief even though it is 2 pages over the Court's ten-page limit for reply briefs. ENDORSEMENT: Request granted. The City may submit a 10 page reply. So Ordered. (Signed by Judge Shira A. Scheindlin on 1/7/2011) (jfe) (Entered: 01/10/2011)

Jan. 10, 2011

Jan. 10, 2011

PACER
50

NOTICE OF APPEARANCE by Katharine Elizabeth Gord Brooker on behalf of Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson (Brooker, Katharine) (Entered: 01/12/2011)

Jan. 12, 2011

Jan. 12, 2011

PACER
51

NOTICE OF APPEARANCE by Matthew Jason Moses on behalf of Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson (Moses, Matthew) (Entered: 01/12/2011)

Jan. 12, 2011

Jan. 12, 2011

PACER
52

NOTICE OF APPEARANCE by Andre Damian Williams on behalf of Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson (Williams, Andre) (Entered: 01/13/2011)

Jan. 13, 2011

Jan. 13, 2011

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53

NOTICE OF WITHDRAWAL OF COUNSEL, that Jason D. Williamson hereby withdraws as counsel for Plaintiffs in the above-captioned action. Attorney Jason D. Williamson terminated. (Signed by Judge Shira A. Scheindlin on 1/13/11) (pl) Modified on 1/14/2011 (pl). (Entered: 01/14/2011)

Jan. 14, 2011

Jan. 14, 2011

PACER
54

ORDER that Plaintiffs may submit a five page double space reply to the Rappaport declaration. No reply to that submission will be permitted; and (2)plaintiffs may submit a five page double-spaced sur reply to any new facts presented in the City's reply 56.1 statement or the Supplemental Declaration of Edward Delatorre or the Declaration of Bradford C. Patrick. Any response that does not address new facts is strictly prohibited, will be disregarded, and will be subject to sanctions. No reply to that submission will be permitted. (Signed by Judge Shira A. Scheindlin on 1/18/11) (cd) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
55

REPLY re: 48 Counter Statement to Rule 56.1 / Plaintiffs' Sur-Reply to Defendant City of New York's Response to Plaintiffs' Counter Statement Pursuant to Local Civil Rule 56.1. Document filed by Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson. (Steinberg, Johanna) (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

RECAP
56

REPLY re: 35 Declaration in Support of Motion / Plaintiffs' Reply to Declaration of Steven J. Rapport in Support of Defendant City's Motion for Partial Summary Judgment. Document filed by Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson. (Steinberg, Johanna) (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

RECAP
57

DECLARATION of Johanna B. Steinberg re: 35 Declaration in Support of Motion, 56 Reply,. Document filed by Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson. (Steinberg, Johanna) (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

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58

JUDGMENT PURSUANT TO RULE 68 #11,0226 in favor of William Turner against The City of New York in the amount of $ 20,001.00; in favor of Edwin Larregui against The City of New York in the amount of $ 12,501.00; in favor of Anthony Anderson against The City of New York in the amount of $ 75,001.00; in favor of Adam Cooper against The City of New York in the amount of $ 25,001.00; in favor of David Wilson against The City of New York in the amount of $ 15,501.00. (Signed by Judge Shira A. Scheindlin on 2/7/11) (Attachments: # 1 Notice of Right to Appeal)(dt) (Additional attachment(s) added on 2/8/2011: # 2 JUDGMENT) (dt). (Entered: 02/08/2011)

Feb. 7, 2011

Feb. 7, 2011

PACER
59

JUDGMENT PURSUANT TO RULE 68 #11,0227 in favor of Kelton Davis against The City of New York in the amount of $ 7,501.00; in favor of Shawne Jones against The City of New York in the amount of $ 5,001.00; in favor of Geneva Wilson against The City of New York in the amount of $ 5,001.00; in favor of Hector Suarez against The City of New York in the amount of $ 5,001.00. (Signed by Judge Shira A. Scheindlin on 2/7/11) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 02/08/2011)

Feb. 7, 2011

Feb. 7, 2011

PACER
60

NOTICE OF CHANGE OF ADDRESS by Johnathan James Smith on behalf of Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Altagracia Hernandez, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson. New Address: NAACP Legal defense & Educational Fund, Inc., 99 Hudson Street, Suite 1600, New York, NY, 10013, 212.965.2200. (Smith, Johnathan) (Entered: 02/10/2011)

Feb. 10, 2011

Feb. 10, 2011

RECAP
61

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Tonya Jenerette dated 2/13/2011 re: Requesting that the Court: (1) deny counsel's application to defer the deadline for filing their Rule 54(d)(2)(B) motion for attorneys' fees in connection with the October 2 and December 20 Rule 68s until final adjudication of all claims; (2) direct counsel to serve their fee application, supported by contemporaneous records, on the City no later than February 22, 2011; (3) order that the parties shall have thirty days from the date the City receives plaintiffs' fee application to attempt to resolve the issue without the Courts intervention; and (4) direct the parties to file a briefing schedule with the Court by March 25, 2011 if we are unable to reach agreement. ENDORSEMENT: Plaintiff's counsel must serve their fee application and contemporaneous records in connection with the Oct. 2 and Dec. 20, 2010 Rule 68s on the City by February 22, 2011 - no extensions will be granted. (Signed by Judge Richard J. Holwell on 2/15/2011) (jpo) (Entered: 02/15/2011)

Feb. 15, 2011

Feb. 15, 2011

PACER
62

ORDER, that the City shall produce the following to Plaintiffs' counsel no later than March 15, 2011: 1. Information in spreadsheet format concerning the location of Vertical Patrols conducted citywide from 2005 to 2008, and 2010 to the present; 2. A list of captions and index numbers of current complaints filed against the City from 2007 to the present, in which the complainant alleged an unlawful stop and/or arrest for trespass, that the City is able to identify through inquiries to (i) Assistant Corporation Counsel in the Special Federal Litigation Division of the Office of the Corporation Counsel stating that the Court directs them to go through their current case files and identify such cases and (ii) Assistant Corporation Counsel in the division of the Office of the Corporation Counsel responsible for handling such complaints in New York State courts stating that the Court directs them to go through their current case files and identify such cases; 3. The most up-to-date lists available for buildings participating in the Trespass Affidavit Program, which the City shall request from the District Attorneys Offices of the Bronx, Brooklyn, Manhattan, Queens, and Staten Island. IT IS FURTHER ORDERED that the City shall serve on Plaintiffs a privilege log for all documents for which it is asserting the deliberative process privilege, the attorney-client privilege, or protection due to the work product doctrine by no later than February 25, 2011; the City shall serve its brief in support of its assertions of the deliberative process privilege by no later than March 11, 2011; Plaintiffs shall file their opposition to the City's brief by no later than March 25, 2011; and the City shall serve its reply by no later than April 1, 2011. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 2/25/2011) (lnl) (Entered: 02/28/2011)

Feb. 28, 2011

Feb. 28, 2011

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63

TRANSCRIPT of proceedings held on 2/17/2011 before Judge Shira A. Scheindlin. (dnd) (Entered: 03/03/2011)

March 3, 2011

March 3, 2011

PACER
64

NOTICE OF APPEARANCE by Jin Hee Lee on behalf of Anthony Anderson, Eleanor Britt, Adam Cooper, Kelton Davis, Roman Jackson, Kristin Johnson, Shawne Jones, Edwin Larregui, P.L., Lashaun Smith, Hector Suarez, William Turner, Andrew Washington, David Wilson, Geneva Wilson (Lee, Jin Hee) (Entered: 03/03/2011)

March 3, 2011

March 3, 2011

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66

TRANSCRIPT of proceedings held on 2/25/2011 before Judge Shira A. Scheindlin. (ab) (Entered: 03/25/2011)

March 18, 2011

March 18, 2011

PACER
65

NOTICE OF APPEARANCE by Morgan David Kunz on behalf of The City of New York (Kunz, Morgan) (Entered: 03/21/2011)

March 21, 2011

March 21, 2011

PACER
67

OPINION AND ORDER, #100289 that in accordance with the Court's instructions set forth in this Order, the City is ordered to review its assertions of privilege; revise and resubmit its privilege logs by May 20, 2011; and release the requested documents that are not covered by the deliberative process privilege, or any other privilege, in view of the Court's rulings, whether in their entirety or in redacted form as appropriate. (Signed by Judge Shira A. Scheindlin on 5/4/11) (pl) Modified on 5/6/2011 (ajc). (Entered: 05/05/2011)

May 5, 2011

May 5, 2011

RECAP

***DELETED DOCUMENT pursuant to instructions from Chambers on 5/17/2011. Deleted document number 68 ORDER TO PRODUCE DOCUMENTS:. The document was incorrectly filed in this case. (tro)

May 16, 2011

May 16, 2011

PACER

Notice Regarding Deleted Document

May 16, 2011

May 16, 2011

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 5/20/2011. (js)

May 20, 2011

May 20, 2011

PACER

Status Conference

May 20, 2011

May 20, 2011

PACER
68

CLARIFICATION: This Court held in its May 5, 2011 Opinion and Order that documents "written to train officers in the implementation of I.O. 23 do not constitute a policy, but rather are materials intended to explain an existing policy I.O. 23," and therefore that such documents are not covered by the deliberative process privilege. Because the parties differ in their interpretations of my ruling, I write now to clarify. Documents that pre-date the implementation of I.O. 23 and are predecisional and deliberative as to I.O. 23 itself, are properly privileged. Documents that relate to the development of training materials, whether they predate or post-date the implementation of I.O. 23, and whether they are in draft or final form, are not privileged. Training materials do not constitute an agency policy or decision for the purposes of the deliberative process privilege. (Signed by Judge Shira A. Scheindlin on 5/20/2011) (lnl) (Entered: 05/24/2011)

May 23, 2011

May 23, 2011

PACER
69

AMENDED COMPLAINT amending 1 Complaint, against All Defendants with JURY DEMAND.Document filed by Lashaun Smith, Kristin Johnson, Kelton Davis, Roman Jackson, Geneva Wilson, Vaughn Frederick, David Wilson, Adam Cooper, Eleanor Britt, Patrick Littlejohn, Raymond Osorio, William Turner, Edwin Larregui, Anthony Anderson, R.E., Andrew Washington, Shawne Jones. Related document: 1 Complaint, filed by Edwin Larregui, Anthony Anderson, Shawne Jones, Andrew Washington, Adam Cooper, Roman Jackson, P.L., William Turner, Altagracia Hernandez, Lashaun Smith, David Wilson, Eleanor Britt, Kelton Davis, Geneva Wilson, Kristin Johnson, Hector Suarez.(mbe) (Entered: 06/01/2011)

May 27, 2011

May 27, 2011

RECAP
70

TRANSCRIPT of Proceedings re: Conference held on 5/20/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/8/2011. Redacted Transcript Deadline set for 7/18/2011. Release of Transcript Restriction set for 9/15/2011.(McGuirk, Kelly) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
71

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 5/20/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
72

TRANSCRIPT of Proceedings re: conference held on 4/27/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2011. Redacted Transcript Deadline set for 7/21/2011. Release of Transcript Restriction set for 9/16/2011.(Moya, Goretti) (Entered: 06/15/2011)

June 15, 2011

June 15, 2011

PACER
73

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/27/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Moya, Goretti) (Entered: 06/15/2011)

June 15, 2011

June 15, 2011

PACER
74

ORDER: All fact discovery is due by 9/30/2011. The City's outstanding electronic discovery is due by 6/30/2011. Class certification motion is due by 10/14/2011. Defendant's opposition is due by 11/4/2011 and plaintiffs reply is due by 11/18/2011. Plaintiffs shall identity all expert witnesses and the subject matter of their testimony on or before September 30,2011. Defendants shall serve Plaintiffs with the identity of all expert witnesses and the subject matter of their testimony on or before October 31, 2011. Plaintiffs shall serve their expert report(s) on or before November 12,2011. Defendants shall serve their rebuttal expert report(s) on or before December 12, 2011. Depositions for all parties shall be completed by January 31, 2012. Plaintiffs' application for fee disputes shall be due July 8,2011. The City's opposition shall be due July 22,2011. Plaintiffs' reply shall be due July 29,2011. (Deposition due by 1/31/2012. Discovery due by 9/30/2011. Motions due by 10/14/2011. Responses due by 11/4/2011, Replies due by 11/18/2011.) (Signed by Judge Shira A. Scheindlin on 6/17/2011) (jar) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER

Pretrial Conference - Interim

June 17, 2011

June 17, 2011

PACER

Status Conference

June 17, 2011

June 17, 2011

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Interim Pretrial Conference held on 6/17/2011. Expert Witness List due by 9/30/2011, Expert reports due Plaintiff 11/12/11, Defense 12/12/11, Plaintiff Motion due by 10/14/2011, Opposition papers due 11/4/11, Plaintiff Reply papers due by 11/18/2011. (ft)

June 17, 2011

June 17, 2011

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 6/17/2011. (ft)

June 17, 2011

June 17, 2011

PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Interim Pretrial Conference held on 6/17/2011, ( Expert Witness List of Plaintiff is due by 9/30/2011, Defense due 10/31/2011, Expert report due Plaintiff 11/12/2011, Defense due 12/12/2011, Plaintiff Motions due by 10/14/2011, Defense Opposition paper due 11/4/2011, Plaintiff reply papers due by 11/18/2011. (mbe)

June 17, 2011

June 17, 2011

PACER
75

ANSWER to 69 Amended Complaint,,. Document filed by New York City Housing Authority.(Rappaport, Steven) (Entered: 07/02/2011)

July 2, 2011

July 2, 2011

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Stop-and-Frisk (NY)

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 28, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiff class consists of two subclasses: (1) Arrested plaintiffs: African-American and Latino NYCHA residents and their visitors, who were or will be unlawfully stopped, seized, questioned, searched, and/or falsely arrested for trespass without any reasonable, articulable suspicion or probable cause. (2) Resident Plaintiffs: African-American and Latino NYCHA residents who live in buildings subject to the vertical patrol policy and trespass arrest practices

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The City of New York, City

New York City Housing Authority, City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Unreasonable search and seizure

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 2,951,724

Order Duration: 2015 - None

Content of Injunction:

Discrimination Prohibition

Reporting

Monitor/Master

Monitoring

Training

Issues

General:

Disparate Impact

Disparate Treatment

False arrest

Over/Unlawful Detention

Pattern or Practice

Personal injury

Racial profiling

Search policies

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic