Case: Matthews v. City of New York

1:12-cv-01354 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 1, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On February 23, 2012 the plaintiff, a New York City Police Officer, filed a complaints against the City of New York, under 42 U.S.C. § 1983, in the U.S. District Court for the Southern District of New York. The plaintiff, represented by the New York Civil Liberties Union (NYCLU), sought compensatory damages and an injunction ordering the City of New York to cease all retaliation against the plaintiff. He claimed that his superiors at his precinct had targeted him for retaliation and harassment,…

On February 23, 2012 the plaintiff, a New York City Police Officer, filed a complaints against the City of New York, under 42 U.S.C. § 1983, in the U.S. District Court for the Southern District of New York. The plaintiff, represented by the New York Civil Liberties Union (NYCLU), sought compensatory damages and an injunction ordering the City of New York to cease all retaliation against the plaintiff. He claimed that his superiors at his precinct had targeted him for retaliation and harassment, because he had repeatedly complained about the use of an illegal quota system at his precinct. According to his complaint, these practices were in violation of the First Amendment to the United States Constitution and Art. I, § 8 of the New York State Constitution.

Specifically, the plaintiff police officer claimed that an illegal system of quotas mandating numbers of arrests, summonses, and stop-and-frisks was in use in the 42nd precinct. He alleged that police officers were under intense pressure to meet their quotas and that officers who do not meet their quotas faced punishments ranging from undesirable assignments or the loss of overtime to separation from partners and poor evaluations. He stated that on four occasions he complained to his commanding officers about the use of the quota system by his mid-level superiors, but that no action was taken to stop the practice.

As a result of his complaints, he was personally targeted by his mid-level superiors for harassment and retaliation. Specifically, in his 2010 and 2011 evaluations, he received reduced marks that put him at risk of being fired, accompanied by comments such as "[he] is argumentative and questioning regarding his assignments." He was also permanently reassigned to a new partner, unique among officers who failed to meet their quotas, and he was denied overtime, time off, and was denied the sorts of assignments that offer overtime and that officers of his seniority usually would receive.

On April 12, 2012, Judge Barbara S. Jones granted the defendants' motion to dismiss. Matthews v. City of New York, No. 12 CV 1354 (BSJ), 2012 WL 8084831 (S.D.N.Y. April 12, 2012). The court found that the plaintiff police officer was acting as an employee and not as a civilian when he notified his superiors of the quota system. Thus, the Court held his speech was not entitled to First Amendment protection.

On November 28, 2012, the Court of Appeals for the Second Circuit reversed. Matthews v. City of New York, 488 Fed. Appx. 532 (2d Cir. 2012). The Court found that there was insufficient discovery to conclude that the plaintiff spoke pursuant to his official duties, and so ordered the district court to re-open the case and begin discovery proceedings in order to decide whether as a matter of law the plaintiff's speech was entitled to constitutional protection.

On remand, on July 29, 2013, Paul Adam Engelmayer of the District Court for the Southern District of New York granted summary judgment for the defendant. Matthews v. City of New York, 957 F.Supp.2d 442 (S.D.N.Y. 2013). The court found that the police officer was speaking pursuant to his official duties and therefore held that his speech was unprotected by the Constitution.

On August 1, 2013, the plaintiff appealed the summary judgment order to the Second Circuit. On February 26, 2015, the Second Circuit (Judges John M. Walker, Peter W. Hall, Garvan Murtha of the United States District Court District of Vermont, sitting by designation) vacated the district court's grant of summary judgment, finding that the plaintiff police officer's comments on precinct policy did not fall within his official duties and that he spoke as a citizen because he elected a channel with a civilian analogue to pursue his complaint. 779 F.3d 167. The Second Circuit remanded the case to the district court. The parties and the district court formed a new case management plan and the parties proceeded with fact discovery. A settlement conference was held before Magistrate Judge Debra C. Freeman on October 27, 2015.

On November 17, 2015, the parties notified the court that they had reached a verbal agreement on the material terms of a settlement. Judge Englemayer entered the parties' stipulation and order of settlement and dismissal on December 7, 2015. Under the settlement agreement, the defendant agreed: 1) to void the plaintiff police officer's 2011 evaluation's 2.5 rating and to confirm in writing that the plaintiff was no longer subject to Level 1 Command Monitoring as a result of his 2011 negative rating now deemed void; 2) to pay the plaintiff back wages of $35,582.78; 3) to pay the plaintiff compensatory damages of $125,000; and 4) to pay attorney fees of $130,000 to the NYCLU. Upon the defendants' compliance with the above terms, the action was dismissed with prejudice.

The case is now closed.

Summary Authors

Nick Kabat (3/9/2014)

Sarah McDonald (8/13/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4350280/parties/matthews-v-city-of-new-york/


Judge(s)

Carney, Susan Laura (Connecticut)

Engelmayer, Paul Adam (New York)

Jones, Barbara S. (New York)

Raggi, Reena (New York)

Attorneys(s) for Plaintiff

Dunn, Christopher (New York)

Harrist, Erin Beth (New York)

Attorneys(s) for Defendant

Carter, Zachary W. (New York)

Fraenkel, William S.J. (New York)

Judge(s)

Carney, Susan Laura (Connecticut)

Engelmayer, Paul Adam (New York)

Jones, Barbara S. (New York)

Raggi, Reena (New York)

Attorneys(s) for Plaintiff

Dunn, Christopher (New York)

Harrist, Erin Beth (New York)

Attorneys(s) for Defendant

Carter, Zachary W. (New York)

Fraenkel, William S.J. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 7, 2015 Docket
1

Complaint

Feb. 23, 2012 Complaint
18

Order Granting Motion To Dismiss

2012 WL 8084831

April 12, 2012 Order/Opinion
30

Order Vacating District Court Order and Remanding Case for Further Proceedings

Dec. 19, 2012 Order/Opinion
47

Order Granting Motion For Summary Judgment

957 F.Supp.2d 442

July 29, 2013 Order/Opinion
60

Opinion

U. S. Court of Appeals for the Second Circuit

Feb. 26, 2015 Order/Opinion
67

Stipulation and Order of Settlement and Dismissal

Dec. 7, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4350280/matthews-v-city-of-new-york/

Last updated May 20, 2022, 3:19 a.m.

ECF Number Description Date Link
1

COMPLAINT against Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Filing Fee $ 350.00, Receipt Number 465401030545)Document filed by Craig Matthews.(rdz) (Entered: 02/27/2012)

Feb. 23, 2012 PACER
2

NOTICE OF APPEARANCE by William Solomon Jacob Fraenkel on behalf of Jon Bloch, City of New York, Raymond Kelly, Mark Sedran (Fraenkel, William) (Entered: 02/27/2012)

Feb. 27, 2012 PACER
3

ORDER: The Court is in receipt of Plaintiff's letter request that the Court schedule a conference so that he may present an Order to Show Cause to expedite discovery and to schedule a preliminary injunction hearing in this matter. The Parties are directed to appear for such conference on March 8, 2012, at 2:30 p.m. in Courtroom 17C of the United States District Court, 500 Pearl Street, New York, NY 10007. (Signed by Judge Barbara S. Jones on 2/29/2012) (mro) Modified on 3/2/2012 (mro). (Entered: 03/01/2012)

Feb. 29, 2012 PACER
4

AFFIDAVIT OF SERVICE. Raymond Kelly served on 2/24/2012, answer due 3/16/2012. Service was accepted by Dimitriy Aranov. Document filed by Craig Matthews. (Dunn, Christopher) (Entered: 03/05/2012)

March 5, 2012 PACER
5

AFFIDAVIT OF SERVICE. Jon Bloch served on 2/24/2012, answer due 3/16/2012. Service was accepted by Syria Henriquez. Document filed by Craig Matthews. (Dunn, Christopher) (Entered: 03/05/2012)

March 5, 2012 PACER
6

AFFIDAVIT OF SERVICE. Mark Sedran served on 2/24/2012, answer due 3/16/2012. Service was accepted by Syria Henriquez. Document filed by Craig Matthews. (Dunn, Christopher) (Entered: 03/05/2012)

March 5, 2012 PACER
7

AFFIDAVIT OF SERVICE. City of New York served on 2/24/2012, answer due 3/16/2012. Service was accepted by Dimitriy Aronov. Document filed by Craig Matthews. (Dunn, Christopher) (Entered: 03/05/2012)

March 5, 2012 PACER
8

AFFIDAVIT OF SERVICE. Service was accepted by Dimitriy Aronov. Document filed by Craig Matthews. (Dunn, Christopher) (Entered: 03/05/2012)

March 5, 2012 PACER
9

ENDORSED LETTER addressed to Judge Barbara S. Jones from William S.J. Fraenkel dated 3/1/2012 re: Request for rescheduling of March 8th conference. ENDORSEMENT: The conference is rescheduled for 10:00 a.m. on March 9, 2012. (Signed by Judge Barbara S. Jones on 3/5/2012) (rjm) (Entered: 03/06/2012)

March 6, 2012 PACER
10

ORDER: After hearing the parties' arguments at a conference on March 9, 2012, regarding Plaintiff's Order to Show Cause to Expedite Discovery and to Schedule Preliminary Injunction Proceedings, the Court denies Plaintiff's request for expedited discovery pending the Court's decision on Defendant's Motion to Dismiss. Defendant shall submit its Motion to Dismiss and supporting Memorandum of Law on or before Friday, March 16, 2012. The Plaintiff shall submit his Opposition Memorandum on or before Tuesday, March 27, 2012. Defendant shall submit any Reply on or before March 30, 2012. The Court will hold oral argument on the Motion to Dismiss on April 4, 2012, at 10 a.m. in Courtroom 17C of the United States District Court, 500 Pearl Street, New York, NY 10007. (Signed by Judge Barbara S. Jones on 3/9/2012) (jfe) (Entered: 03/09/2012)

March 9, 2012 PACER
11

FIRST MOTION to Dismiss. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. Responses due by 3/27/2012 Return Date set for 4/4/2012 at 10:00 AM.(Fraenkel, William) (Entered: 03/16/2012)

March 16, 2012 PACER
12

FIRST MEMORANDUM OF LAW in Support re: 11 FIRST MOTION to Dismiss.. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Fraenkel, William) (Entered: 03/16/2012)

March 16, 2012 PACER
13

LAW STUDENT INTERN APPEARANCE FORM for Holly Mowforth, as further set forth in this document. (Signed by Judge Barbara S. Jones on 3/9/2012) (cd) (Entered: 03/20/2012)

March 20, 2012 PACER
14

LAW STUDENT INTERN APPEARANCE FORM for Jake Turner, as further set forth in this document. (Signed by Judge Barbara S. Jones on 3/9/2012) (cd) (Entered: 03/20/2012)

March 20, 2012 PACER
15

LAW STUDENT INTERN APPEARANCE FORM for Kate Deniger, and as further set forth in this document. (Signed by Judge Barbara S. Jones on 3/9/2012) (cd) (Entered: 03/20/2012)

March 20, 2012 PACER
16

MEMORANDUM OF LAW in Opposition re: 11 FIRST MOTION to Dismiss.. Document filed by Craig Matthews. (Dunn, Christopher) (Entered: 03/27/2012)

March 27, 2012 PACER
17

REPLY MEMORANDUM OF LAW in Support re: 11 FIRST MOTION to Dismiss.. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Fraenkel, William) (Entered: 03/30/2012)

March 30, 2012 PACER
18

ORDER: granting 11 Motion to Dismiss. The City's Motion to Dismiss is GRANTED. The clerk of the court is directed to terminate the motion at docket number 11. (Signed by Judge Barbara S. Jones on 4/12/2012) (pl) Modified on 4/12/2012 (pl). (Entered: 04/12/2012)

April 12, 2012 PACER
19

NOTICE OF APPEAL from 18 Order on Motion to Dismiss. Document filed by Craig Matthews. Filing fee $ 455.00, receipt number 0208-7399084. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Dunn, Christopher) (Entered: 04/20/2012)

April 20, 2012 PACER
20

CLERK'S JUDGMENT That for the reasons stated in the Court's Order dated April 12, 2012, the Citys motion to dismiss is granted. (Signed by Clerk of Court Ruby Krajick on 4/23/12) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 04/23/2012)

1 Notice of Right to Appeal

View on PACER

April 23, 2012 PACER
21

TRANSCRIPT of Proceedings re: CONFERNCE held on 4/5/2012 before Judge Barbara S. Jones. Court Reporter/Transcriber: Jennifer Thun, (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 5/29/2012. Redacted Transcript Deadline set for 6/7/2012. Release of Transcript Restriction set for 8/6/2012.(McGuirk, Kelly) (Entered: 05/04/2012)

May 4, 2012 PACER
22

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/5/12 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: 05/04/2012)

May 4, 2012 PACER
23

TRANSCRIPT of Proceedings re: ARGUMENT held on 3/9/2012 before Judge Barbara S. Jones. Court Reporter/Transcriber: Kristen Carannante, (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 10/4/2012. Redacted Transcript Deadline set for 10/15/2012. Release of Transcript Restriction set for 12/13/2012.(McGuirk, Kelly) (Entered: 09/10/2012)

Sept. 10, 2012 PACER
24

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 3/9/12 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: 09/10/2012)

Sept. 10, 2012 PACER
25

TRUE COPY ORDER of USCA as to 19 Notice of Appeal filed by Craig Matthews USCA Case Number 12-1622-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and the case is REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/28/2012. (nd) (Entered: 11/28/2012)

Nov. 28, 2012 PACER
26

NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Barbara S. Jones is no longer assigned to the case. (pgu) (Entered: 12/04/2012)

Dec. 4, 2012 PACER
27

ORDER: Conference set for 12/20/2012 at 09:00 AM before Judge Paul A. Engelmayer, and as further set forth in this document. (Signed by Judge Paul A. Engelmayer on 12/5/2012) (cd) (Entered: 12/05/2012)

Dec. 5, 2012 PACER
28

ENDORSED LETTER addressed to Judge Paul A. Engelmayer from Christopher Dunn dated 12/6/2012 re: Counsel requests that the Court reschedule an initial conference it set yesterday for December 20, 2012, at 9:00 a.m. ENDORSEMENT: Granted. The conference will be held at 10:00 a.m. on Monday, December 17, 2012. (Initial Conference set for 12/17/2012 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/7/2012) (ft) Modified on 12/7/2012 (ft). (Entered: 12/07/2012)

Dec. 7, 2012 PACER
29

INITIAL CASE MANAGEMENT PLAN: Initial disclosures pertaining to all issues in the case shall be served by Friday, January 11, 2012. Requests for documents pertaining to all issues in the case may be served at any time after December 18, 2012. Deposition due by 3/1/2013. Motions due by 3/18/2013. Responses due by 4/5/2013. Replies due by 4/12/2013. To the extent the case proceeds beyond the summary judgment stage described in paragraph 4, the Court shall set a separate schedule for additional discovery and pre-trial proceedings. (Signed by Judge Paul A. Engelmayer on 12/19/2012) (ft) (Entered: 12/19/2012)

Dec. 19, 2012 PACER
30

MANDATE of USCA (Certified Copy) as to 19 Notice of Appeal filed by Craig Matthews USCA Case Number 12-1622-cv. Ordered, Adjudged and Decreed that the order of the District Court is VACATED and the case is REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/19/2012. (nd) (Entered: 12/19/2012)

Dec. 19, 2012 PACER
31

ANSWER to 1 Complaint. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran.(Fraenkel, William) (Entered: 01/15/2013)

Jan. 15, 2013 PACER
32

NOTICE OF APPEARANCE by Erin Beth Harrist on behalf of Craig Matthews (Harrist, Erin) (Entered: 02/21/2013)

Feb. 21, 2013 PACER
33

REVISED CASE MANAGEMENT PLAN: Defendants' Summary Judgment Motions due by 5/20/2013. Responses due by 6/7/2013 Replies due by 6/14/2013. Deposition due by 5/3/2013. There will be no further extensions of these deadlines. (Signed by Judge Paul A. Engelmayer on 2/27/2013) (djc) Modified on 2/27/2013 (djc). (Entered: 02/27/2013)

Feb. 27, 2013 PACER
34

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Engelmayer on 3/4/2013) (djc) (Entered: 03/04/2013)

March 4, 2013 PACER
35

MOTION for Summary Judgment. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. Responses due by 6/7/2013(Fraenkel, William) (Entered: 05/20/2013)

May 20, 2013 PACER
36

MEMORANDUM OF LAW in Support re: 35 MOTION for Summary Judgment.. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Fraenkel, William) (Entered: 05/20/2013)

May 20, 2013 PACER
37

AFFIDAVIT of William S.J. Fraenkel, Esq. in Support re: 35 MOTION for Summary Judgment.. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Fraenkel, William) (Entered: 05/20/2013)

1 Exhibit Exhibit A

View on PACER

2 Exhibit Exhibit B

View on PACER

3 Exhibit Exhibit C

View on PACER

4 Exhibit Exhibit D

View on PACER

May 20, 2013 PACER
38

RULE 56.1 STATEMENT. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Fraenkel, William) (Entered: 05/20/2013)

May 20, 2013 PACER
39

MEMORANDUM OF LAW in Opposition re: 35 MOTION for Summary Judgment.. Document filed by Craig Matthews. (Harrist, Erin) (Entered: 06/07/2013)

June 7, 2013 PACER
40

DECLARATION of Erin Beth Harrist in Opposition re: 35 MOTION for Summary Judgment.. Document filed by Craig Matthews. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13)(Harrist, Erin) (Entered: 06/07/2013)

1 Exhibit Exhibit 1

View on PACER

2 Exhibit Exhibit 2

View on PACER

3 Exhibit Exhibit 3

View on PACER

4 Exhibit Exhibit 4

View on PACER

5 Exhibit Exhibit 5

View on PACER

6 Exhibit Exhibit 6

View on PACER

7 Exhibit Exhibit 7

View on PACER

8 Exhibit Exhibit 8

View on PACER

9 Exhibit Exhibit 9

View on PACER

10 Exhibit Exhibit 10

View on PACER

11 Exhibit Exhibit 11

View on PACER

12 Exhibit Exhibit 12

View on PACER

13 Exhibit Exhibit 13

View on PACER

June 7, 2013 PACER
41

AFFIDAVIT of Craig Matthews in Opposition re: 35 MOTION for Summary Judgment.. Document filed by Craig Matthews. (Harrist, Erin) (Entered: 06/07/2013)

June 7, 2013 PACER
42

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition re: 35 MOTION for Summary Judgment. Response to Defendants' 56.1 Statement and Plaintiff's 56.1 Counterstatement. Document filed by Craig Matthews. (Harrist, Erin) Modified on 6/10/2013 (db). (Entered: 06/07/2013)

June 7, 2013 PACER
43

COUNTER STATEMENT TO 38 Rule 56.1 Statement. Document filed by Craig Matthews. (Harrist, Erin) (Entered: 06/10/2013)

June 10, 2013 PACER
47

OPINION & ORDER re: 35 MOTION for Summary Judgment filed by Jon Bloch, Mark Sedran, Raymond Kelly, City of New York. For the reasons stated, defendants' motion for summary judgment is granted. The Clerk of Court is directed to terminate the motion pending at docket number 35, and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/29/2013) (rsh)

July 30, 2013 RECAP
44

ENDORSED LETTER addressed to Judge Paul A. Engelmayer from William S.J. Fraenkel dated 6/11/2013 re: I am an Assistant Corporation Counsel in the office of Michael A. Cardozo, Corporation Counsel of the City of New York, assigned to represent the defendants in this matter. I write in response to plaintiff's letter of yesterday afternoon which requested oral argument on defendants' summary judgment motion. Defendants' reply papers concerning this motion are to be filed this Friday June 14th. Should the Court elect to grant plaintiff's request for oral argument, I wish to inform the Court that I will be out of the country from June 30th through July 8th, and unavailable on June 20th, 27th and July 16th. ENDORSEMENT: Oral argument will be held on July 19, 2013, at 10:00 a.m. (Oral Argument set for 7/19/2013 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/12/2013) (djc) (Entered: 06/12/2013)

June 12, 2013
45

REPLY MEMORANDUM OF LAW in Support re: 35 MOTION for Summary Judgment.. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Fraenkel, William) (Entered: 06/14/2013)

June 14, 2013
46

REPLY AFFIDAVIT of William S.J. Fraenkel in Support re: 35 MOTION for Summary Judgment.. Document filed by Jon Bloch, City of New York, Raymond Kelly, Mark Sedran. (Fraenkel, William) (Entered: 06/14/2013)

June 14, 2013

Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 7/19/2013 re: 35 MOTION for Summary Judgment. filed by Jon Bloch, Mark Sedran, Raymond Kelly, City of New York. Court's decision reserved. (Court Reporter Ann Hairston) (Hummel, June) (Entered: 07/19/2013)

July 19, 2013
48

CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated July 29, 2013, defendants motion for summary judgment is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/30/2013) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 07/30/2013)

July 30, 2013

Terminate Transcript Deadlines (dt) (Entered: 07/30/2013)

July 30, 2013
49

FILING ERROR − NO ORDER SELECTED FOR APPEAL − NOTICE OF APPEAL. Document filed by Craig Matthews. Filing fee $ 455.00, receipt number 0208−8744191. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Dunn, Christopher) Modified on 8/1/2013 (tp). (Entered: 08/01/2013)

Aug. 1, 2013

***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney Dunn, Christopher to RE−FILE Document No. 49 Notice of Appeal. No Order being appealed was selected. Re−file the document as a Corrected Notice of Appeal event and select the correct Order being appealed. (tp) (Entered: 08/01/2013)

Aug. 1, 2013
50

CORRECTED NOTICE OF APPEAL re: 49 Notice of Appeal, 47 Memorandum & Opinion,. Document filed by Craig Matthews. (Dunn, Christopher) (Entered: 08/01/2013)

Aug. 1, 2013

Appeal Fee Paid electronically via Pay.gov: for 50 Corrected Notice of Appeal. Filing fee $ 455.00. Pay.gov receipt number 0208−8744191, paid on 8/1/2013. (tp) (Entered: 08/01/2013)

Aug. 1, 2013

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 50 Corrected Notice of Appeal. (tp) (Entered: 08/01/2013)

Aug. 1, 2013

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 15 Order, 9 Endorsed Letter, Set Hearings, 49 Notice of Appeal, filed by Craig Matthews, 1 Complaint filed by Craig Matthews, 32 Notice of Appearance filed by Craig Matthews, 20 Clerk's Judgment, 39 Memorandum of Law in Opposition to Motion filed by Craig Matthews, 45 Reply Memorandum of Law in Support of Motion filed by Jon Bloch, Mark Sedran, Raymond Kelly, City of New New York, 27 Order, Set Deadlines/Hearings, 34 Protective Order, 50 Corrected Notice of Appeal filed by Craig Matthews, 47 Memorandum & Opinion, 33 Case Management Plan, 23 Transcript, 24 Notice of Filing Transcript, 6 Affidavit of Service Complaints filed by Craig Matthews, 13 Order, 17 Reply Memorandum of Law in Support of Motion filed by Jon Bloch, Mark Sedran, Raymond Kelly, City of New York, 10 Order, 22 Notice of Filing Transcript, 46 Reply Affidavit in Support of Motion filed by Jon Bloch, Mark Sedran, Raymond Kelly, City of New York, 25 USCA Order, 30 USCA Mandate, 14 Order, 42 Response in Opposition to Motion, filed by Craig Matthews, 8 Affidavit of Service Complaints filed by Craig Matthews, 11 FIRST MOTION to Dismiss filed by Jon Bloch, Mark Sedran, Raymond Kelly, City of New York, 36 Memorandum of Law in Support of Motion filed by Jon Bloch, Mark Sedran, Raymond Kelly, City of New York, 21 Transcript, 44 Endorsed Letter, Set Hearings, 26 Notice of Case Assignment/Reassignment, 19 Notice of Appeal filed by Craig Matthews, 35 MOTION for Summary Judgment filed by Jon Bloch, Mark Sedran, Raymond Kelly, City of New York, 43 Counter Statement to Rule 56.1 filed by Craig Matthews, 48 Clerk's Judgment, 3 Order, Set Hearings, 2 Notice of Appearance filed by Jon Bloch, Mark Sedran, Raymond Kelly, City of New York, 29 Case Management Plan, 4 Affidavit of Service Complaints filed by Craig Matthews, 41 Affidavit in Opposition to Motion filed by Craig Matthews, 28 Endorsed Letter, Set Hearings, 40 Declaration in Opposition to Motion, filed by Craig Matthews, 31 Answer to Complaint filed by Jon Bloch, Mark Sedran, Raymond Kelly, City of New York, 12 Memorandum of Law in Support of Motion filed by Jon Bloch, Mark Sedran, Raymond Kelly, City of New York, 5 Affidavit of Service Complaints filed by Craig Matthews, 18 Order on Motion to Dismiss, 16 Memorandum of Law in Opposition to Motion filed by Craig Matthews were transmitted to the U.S. Court of Appeals. (tp) (Entered: 08/01/2013)

Aug. 1, 2013
51

TRANSCRIPT of Proceedings re: CONFERENCE held on 7/19/2013 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Ann Hairston, (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 9/3/2013. Redacted Transcript Deadline set for 9/12/2013. Release of Transcript Restriction set for 11/12/2013.(Rodriguez, Somari) (Entered: 08/09/2013)

Aug. 9, 2013
52

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/19/13 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...(Rodriguez, Somari) (Entered: 08/09/2013)

Aug. 9, 2013
53

OPINION of USCA as to 50 Corrected Notice of Appeal filed by Craig Matthews. USCA Case Number 13−2915−cv. For the reasons stated in this opinion, we VACATE the District Court's grant of defendants' motions for summary judgment and REMAND for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 02/26/2015. (nd) (Entered: 02/26/2015)

Feb. 26, 2015
54

MANDATE of USCA (Certified Copy) as to 50 Corrected Notice of Appeal, filed by Craig Matthews. USCA Case Number 13−2915. The appeal in the above captioned case from an order of the United States District Court for the Southern District of New York was argued on the district court's record and the parties' briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's grant of Appellees' motions for summary judgment is VACATED and the matter is REMANDED for further proceedings in accordance with the 53 opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/30/2015. (Attachments: # 1 Opinion)(nd) (Entered: 08/03/2015)

Aug. 3, 2015

Transmission of USCA Mandate to the District Judge re: 54 USCA Mandate,,. (nd) (Entered: 08/03/2015)

Aug. 3, 2015
56

NOTICE OF PRETRIAL CONFERENCE: On February 26, 2015, the Second Circuit vacated this Court's grant of defendants' motion for summary judgment and remanded for further proceedings. Dkt. 53. The Circuit's mandate to this Court issued on August 3, 2015. Dkt. 54. The Court directs counsel for all parties to prepare a Revised Civil Case Management Plan and Scheduling Order in accordance with the Court's Individual Rules, available at http://www.nysd.uscourts.gov/judge/Engelmayer, to be submitted to the Court by Friday, August 21, 2015. The proposed schedule should contemplate the completion of all fact discovery by Friday, November 20, 2015. The Court also directs counsel for all parties to appear at a pretrial conference with the Court on Friday, December 18, 2015 at 10:30 a.m. in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. (As further set forth in this Order) (Fact Discovery due by 11/20/2015., Pretrial Conference set for 12/18/2015 at 10:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/12/2015) (kl) (Entered: 08/12/2015)

Aug. 12, 2015
57

LETTER addressed to Judge Paul A. Engelmayer from Plaintiff dated 8/20/2015 re: submission of proposed case management plan. Document filed by Craig Matthews.(Harrist, Erin) (Entered: 08/20/2015)

Aug. 20, 2015
58

CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S,C. § 636(c). This case is to be tried to a jury. Deposition due by 11/20/2015. Fact Discovery due by 11/20/2015. Expert Discovery due by 1/4/2016. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. Case Management Conference set for 12/18/2015 at 10:30 AM before Judge Paul A. Engelmayer. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 8/21/2015) (kl) (Entered: 08/21/2015)

Aug. 21, 2015
59

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 Debra C. Freeman. Plaintiff's counsel will contact the Magistrate Judge to schedule a settlement conference when both parties are ready. (Signed by Judge Paul A. Engelmayer on 8/21/2015) (kl) (Entered: 08/21/2015)

Aug. 21, 2015

Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 10/27/2015. (aba) (Entered: 10/27/2015)

Oct. 27, 2015
60

LETTER addressed to Magistrate Judge Debra C. Freeman from Plaintiff's Counsel dated November 5, 2015 re: status of settlement discussions. Document filed by Craig Matthews.(Harrist, Erin) (Entered: 11/05/2015)

Nov. 5, 2015
61

LETTER MOTION for Discovery Deadline Adjournment Given Agreement on Material Terms of Settlement addressed to Judge Paul A. Engelmayer from Plaintiff's Counsel dated 11/17/2015. Document filed by Craig Matthews.(Harrist, Erin) (Entered: 11/17/2015)

Nov. 17, 2015
62

ORDER granting 61 Letter Motion for Discovery. The Court appreciates the notification. The parties' request to adjourn the discovery deadlines set in the case management plan is GRANTED. (Signed by Judge Paul A. Engelmayer on 11/18/2015) (kl) (Entered: 11/18/2015)

Nov. 18, 2015
63

LETTER addressed to Judge Paul A. Engelmayer from Plaintiff's Counsel dated November 25, 2015 re: settlement update. Document filed by Craig Matthews.(Harrist, Erin) (Entered: 11/25/2015)

Nov. 25, 2015
64

MEMO ENDORSEMENT on re: 63 Letter request regarding settlement update, filed by Craig Matthews. ENDORSEMENT: The Court appreciates the notification. The parties are directed to either submit a proposed stipulation of discontinuance and order of dismissal, or a revised proposed case management plan, by December 4, 2015. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/30/2015) (kl) (Entered:

Nov. 30, 2015
66

ORDER granting 65 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/4/2015) (kl) (Entered: 12/04/2015)

Dec. 4, 2015
67

STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED, by and between the parties, as represented below, and ORDERED as follows: Upon defendants, compliance with paragraph 2, the above−referenced action is dismissed, with prejudice, and without costs, expenses, or fees in excess of the amount specified in paragraph "2" below. Defendant City of New York hereby agrees: i) to void plaintiff's 2011 evaluation's 2.5 rating and to confirm in writing that plaintiff is no longer subject to Level 1 Command Monitoring as a result of his 2011 negative rating now deemed void; ii) to pay plaintiff back wages in the total amount of $32,582.78, less lawful deductions, including but not limited to taxes; iii) to pay plaintiff compensatory damages in the amount of $125,000; and iv) to pay the New York Civil Liberties Union Foundation attorney fees in the amount of $130,000. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 12/7/2015) (kl) (Entered: 12/07/2015)

Dec. 7, 2015

Terminate Transcript Deadlines (kl) (Entered: 12/07/2015)

Dec. 7, 2015

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: Feb. 1, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

New York City Police Officer

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York (New York, New York), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 290,582.78

Issues

General:

Grievance Procedures

Pattern or Practice

Staff (number, training, qualifications, wages)