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Case: Padilla v. City of New York

1:13-cv-00076 | U.S. District Court for the Eastern District of New York

Filed Date: Jan. 4, 2013

Closed Date: May 24, 2017

Clearinghouse coding complete

Case Summary

On January 4, 2013, a resident of Kings County, New York of Mexican descent, filed a complaint against the City of New York and a number of police officers in the Eastern District of New York. The plaintiff, represented by Legal Services and private counsel, brought this claim under 42 U.S.C. § 1983, alleging that police officers had violated her rights under the Fourth and Fourteenth Amendment by refusing to take her statement and arresting her without probable cause. Plaintiff sought compensa…

On January 4, 2013, a resident of Kings County, New York of Mexican descent, filed a complaint against the City of New York and a number of police officers in the Eastern District of New York. The plaintiff, represented by Legal Services and private counsel, brought this claim under 42 U.S.C. § 1983, alleging that police officers had violated her rights under the Fourth and Fourteenth Amendment by refusing to take her statement and arresting her without probable cause. Plaintiff sought compensatory damages, punitive damages, and reasonable attorney's fees.

Specifically, the plaintiff had called the police after her boyfriend had physically and verbally abused her. Plaintiff spoke fluent Spanish but only limited English. When the police officers arrived, they spoke only with the plaintiff's boyfriend, who speaks English proficiently, and ignored plaintiff's Spanish requests for help. Plaintiff called the police department again and specifically asked for an officer who spoke Spanish. The department dispatched another officer. When this officer arrived, he listened to plaintiff's statement, but quickly claimed that he needed to leave and that the other officers would take her report. Plaintiff called the department a third time and asked for a high ranking officer who might be able to help her. Shortly thereafter a third officer arrived and arrested plaintiff. She was brought to the precinct and put in a cell. However, upon examination, one of the officers identified the bruises on her body as domestic abuse and took plaintiff to get treatment. At the hospital, plaintiff was handcuffed to the bed. After treatment, plaintiff was brought back to the precinct where she was released without explanation.

On September 12, 2013, plaintiff filed a first amended complaint. The complaint added, as plaintiffs, a number of New York residents that had been denied police assistance based on their limited English proficiency (LEP). They claimed that the New York Police Department (NYPD) had a policy and practice of denying LEP individuals access to police protection and the broader legal system. The complaint also added the New York City Police Department, as well as a number of named police officers, to the list of defendants. Plaintiffs sought declaratory relief, a permanent injunction, and damages. On September 12, 2013, plaintiff filed a second amended complaint that joined additional plaintiffs.

On September 23, 2013, the defendants filed a motion to dismiss. On November 22, 2013, the United States filed a statement of interest regarding the defendants' motion. The United States noted that language-based discrimination is prohibited by Title VI and that the Department of Justice (DOJ) had consistently found evidence of this type of discrimination. It further noted that that DOJ had made the NYPD aware of the continuing problems in interviewing LEP witnesses and victims, and that this may be proof of an intent to discriminate.

On April 25, 2014, the parties requested that the court adjourn the oral argument on the defendants' motion to dismiss scheduled for May 1, 2014 and that discovery be stayed to permit the parties to try to resolve the case. The plaintiffs also requested that an additional plaintiff be allowed to intervene, a request the defendants did not oppose. On April 28, 2014, the court (Judge Margo K. Brodie) granted the motion to stay discovery, and granted the plaintiffs' request to join another plaintiff. The plaintiffs filed a supplement to the second amended complaint on May 2, 2014. The parties began settlement discussions, in which the DOJ was included.

On October 7, 2014, the parties wrote to the court proposing an order allowing six new plaintiffs to be joined in a proposed third amended complaint. Magistrate Judge Reyes granted this request the next day.

Settlement discussions continued over the course of 2015 and 2016. On June 20, 2016, the parties agreed to the voluntary dismissal of the claims of one of the plaintiffs, and Judge Brodie ordered the dismissal the next day.

On August 3, 2016, the plaintiffs in another case before the Eastern District of New York involving the City's failure to provide interpretive services to LEP individuals, Rodriguez v. City of New York, Docket No. 16-cv-00214, requested the consolidation of that action with this case. Judge Brodie denied the motion on August 19, 2016.

On December 12, 2016, the parties informed the court that they had reached agreement on provisions of a settlement regarding the revision of NYPD's language access procedures, but had not reached agreement regarding monetary damages. On January 27, 2017, the parties informed the court that they had reached a settlement agreement with respect to all the plaintiffs' claims for damages and injunctive relief.

The parties submitted the settlement agreement to the court on May 18, 2017. The settlement included specific procedures for a domestic violence (DV) language access program, including NYPD provision of cell phones with which officers could access a telephonic interpretation service. The NYPD was to implement the DV language access program citywide across all patrol boroughs and engage in targeted outreach about the availability of foreign language interpretation services to LEP communities and community-based organizations. The agreement also provided for training of NYPD employees, and revision of NYPD policies, procedures, and training materials to reflect the language access programs. The City of New York, on behalf of all defendants, agreed to pay $297,500 in damages to be distributed among the plaintiffs. The defendants also paid $460,000 in attorney fees.

The court's jurisdiction over all individual defendants, except the City of New York, would terminate with the payment of the damages and fees. The court's jurisdiction over the settlement agreement's injunctive obligations would terminate twelve months after the "citywide expansion date," the date that the DV language access program was expanded citywide to all patrol boroughs, which was to be no more than eighteen months after the effective date of the settlement. The defendants had reporting obligations during this period.

The court (Judge Brodie) entered the stipulation and order of settlement and dismissal of the case on May 24, 2017.

On July 10, 2018, the parties submitted a proposed stipulation and order of settlement extension, having agreed to extend the court's jurisdiction over the settlement agreement. The parties proposed amendments to the settlement agreement to set a termination date of April 15, 2019. Judge Brodie ordered the settlement extension on July 11, 2018.

Having passed the termination date without any additional entries on the docket, the case is presumed to be closed.

Summary Authors

Richard Jolly (11/28/2014)

Sarah McDonald (8/13/2018)

Alex Moody (4/14/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7422739/parties/padilla-v-the-city-of-new-york/


Judge(s)

Brodie, Margo Kitsy (New York)

Reyes, Ramon E. Jr. (New York)

Attorneys(s) for Plaintiff

Birnbaum, Janice L. (New York)

Brinckerhoff, Matthew D. (New York)

Clarke, Christine (New York)

Goldhill, Nancy (New York)

Josephson, Edward J. (New York)

Lamb, Christopher D. (New York)

Mindicino, Nicholas Henry (New York)

Taylor, Amy S. (New York)

Judge(s)

Brodie, Margo Kitsy (New York)

Reyes, Ramon E. Jr. (New York)

Attorneys(s) for Plaintiff

Birnbaum, Janice L. (New York)

Brinckerhoff, Matthew D. (New York)

Clarke, Christine (New York)

Goldhill, Nancy (New York)

Josephson, Edward J. (New York)

Lamb, Christopher D. (New York)

Mindicino, Nicholas Henry (New York)

Taylor, Amy S. (New York)

Attorneys(s) for Defendant

Abt, Uriel Benjamin (New York)

Carter, Zachary W. (New York)

Kruk, Carolyn Elizabeth (New York)

Other Attorney(s)

Coon, Laura (District of Columbia)

Goldberger, Michael J. (New York)

Kabrawala, Ameet B. (New York)

Lareau, Alyssa Connell (District of Columbia)

Lynch, Loretta (New York)

McCasland, Terrell Howard (New York)

Mondino, Jennifer L. (District of Columbia)

Mule, Michael (District of Columbia)

Naqvi, Kulsoom (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Stoneman, Christine (District of Columbia)

Venkatraman, Bharathi A. (District of Columbia)

Documents in the Clearinghouse

Document

1:13-cv-00076

Docket [PACER]

July 12, 2018

July 12, 2018

Docket
1

1:13-cv-00076

Complaint and Jury Demand

Dec. 28, 2012

Dec. 28, 2012

Complaint
33

1:13-cv-00076

Second Amended Complaint and Demand for Jury Trial

Sept. 12, 2013

Sept. 12, 2013

Complaint
41

1:13-cv-00076

Statement of Interest of the United States of America Regarding Defendants' Motion to Dismiss

Nov. 22, 2013

Nov. 22, 2013

Pleading / Motion / Brief
60-2

1:13-cv-00076

Proposed Third Amended Complaint

Padilla v. The City of New York

Oct. 7, 2014

Oct. 7, 2014

Complaint
81

1:13-cv-00076

Stipulation and Order of Settlement

Padilla v. The City of New York

May 24, 2017

May 24, 2017

Order/Opinion
82

1:13-cv-00076

(Proposed) Stipulation and Order of Settlement Extension

Padilla v. The City of New York

July 12, 2018

July 12, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7422739/padilla-v-the-city-of-new-york/

Last updated Nov. 26, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Christopher Furda, John Doe #1-2, The City of New York Disclosure Statement on Civil Cover Sheet completed -No,, filed by Yanahit Padilla. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 01/09/2013)

1 Civil Cover Sheet

View on PACER

Jan. 4, 2013

Jan. 4, 2013

PACER
2

Summons Issued as to Christopher Furda, John Doe #1-2, The City of New York. (Davis, Kimberly) (Entered: 01/09/2013)

Jan. 4, 2013

Jan. 4, 2013

PACER

FILING FEE: $ 350.00, receipt number 4653053312 (Davis, Kimberly)

Jan. 4, 2013

Jan. 4, 2013

PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 01/09/2013)

Jan. 9, 2013

Jan. 9, 2013

PACER
4

WAIVER OF SERVICE Returned Executed by Yanahit Padilla. The City of New York waiver sent on 1/10/2013, answer due 3/11/2013. (Mindicino, Nicholas) (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

PACER
5

MOTION for Extension of Time to File Answer by The City of New York. (Abt, Uriel) (Entered: 03/11/2013)

March 11, 2013

March 11, 2013

PACER

ORDER granting 5 First Motion for Extension of Time to Answer. Defendant The City of New York answer is due on 3/18/2013. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/11/2013. (Vertus, Miriam)

March 11, 2013

March 11, 2013

PACER
6

NOTICE of Consent to Change Attorney by Edward J Josephson pursuant to Local Rule 1.4 (Attachments: # 1 Declaration, # 2 Proposed Order) (Josephson, Edward) (Entered: 03/13/2013)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

March 13, 2013

March 13, 2013

PACER
7

MOTION to Stay Defendant's Time to Answer by The City of New York. (Abt, Uriel) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
8

ORDER re 6 Notice of Consent to Change Attorney filed by Yanahit Padilla. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/19/2013. (Vertus, Miriam) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

PACER

ORDER granting 7 Motion to Stay Defendant's Time to Answer. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/19/2013. (Vertus, Miriam)

March 19, 2013

March 19, 2013

PACER
9

AMENDED COMPLAINT against Christopher Furda, The City of New York, Michael Bloomberg, Raymond W. Kelly, Vincenzo Tradolse, John/Jane Does 1-6, filed by Yanahit Padilla Torres, Silvia Soriano, Arlet Macareno, Lina Carrion, Violence Intervention Program, Wendy Garcia.(Josephson, Edward) (Entered: 03/21/2013) (removed and re-docketed due to filer's error by Lee, Tiffeny) (Entered: 03/25/2013)

March 21, 2013

March 21, 2013

PACER
10

SCHEDULING ORDER: Initial Conference set for 5/1/2013at 10:15 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Plaintiff's counsel to confirm with defendants' counsel that all necessary participants are aware of this conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed.R.Civ.P. The attached case management plan must be completed and brought to the conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 3/22/2013. (Vertus, Miriam) (Entered: 03/22/2013)

March 22, 2013

March 22, 2013

PACER

Incorrect Entry Information: It is SOLELY THE RESPONSIBILITY OF COUNSEL to add newly appearing parties upon the filing of an Amended Complaint. The Clerk has added the omitted parties on this occasion. (Lee, Tiffeny)

March 25, 2013

March 25, 2013

PACER
11

Corporate Disclosure Statement by Violence Intervention Program (Josephson, Edward) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

PACER
12

Amended Summons Issued as to Michael Bloomberg, Raymond W. Kelly, Vincenzo Tradolse. (Riquelme, Claudia) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

PACER
13

NOTICE of Appearance by Janice L. Birnbaum on behalf of The City of New York (aty to be noticed) (Birnbaum, Janice) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

PACER
14

MOTION for Extension of Time to File Answer re 9 Amended Complaint, and to adjourn the initial conference (docket #10) by The City of New York. (Birnbaum, Janice) (Entered: 04/01/2013)

April 1, 2013

April 1, 2013

PACER

ORDER granting re 14 MOTION for the Defendant City of New York Extension of Time to File Answer to the Amended Complaint on 5/21/2013. (The 5/1/13 Initial Conference is adjourned to 5/23/2013 at 11:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr.). No further extensions of defendants' time to respond to the amended complaint, or further adjournments of the initial conference, will be permitted for any reason whatsoever. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/2/2013. (Vertus, Miriam)

April 2, 2013

April 2, 2013

PACER
15

SUMMONS Returned Executed by Wendy Garcia, Lina Carrion, Arlet Macareno, Yanahit Padilla Torres, Silvia Soriano, Violence Intervention Program. Michael Bloomberg served on 4/5/2013, answer due 4/26/2013. (Josephson, Edward) (Entered: 04/26/2013)

April 26, 2013

April 26, 2013

PACER
16

SUMMONS Returned Executed by Wendy Garcia, Lina Carrion, Arlet Macareno, Yanahit Padilla Torres, Silvia Soriano, Violence Intervention Program. Raymond W. Kelly served on 4/5/2013, answer due 4/26/2013. (Josephson, Edward) (Entered: 04/26/2013)

April 26, 2013

April 26, 2013

PACER
17

SUMMONS Returned Executed by Wendy Garcia, Lina Carrion, Arlet Macareno, Yanahit Padilla Torres, Silvia Soriano, Violence Intervention Program. Christopher Furda served on 4/11/2013, answer due 5/2/2013. (Josephson, Edward) (Entered: 04/26/2013)

April 26, 2013

April 26, 2013

PACER
18

First MOTION for Extension of Time to File Answer re 9 Amended Complaint, by Michael Bloomberg, Raymond W. Kelly. (Attachments: # 1 Proposed Order) (Birnbaum, Janice) (Entered: 04/30/2013)

1 Proposed Order

View on PACER

April 30, 2013

April 30, 2013

PACER

ORDER granting 18 Motion for Extension of Time to Answer. Defendants Michael Bloomberg and Raymond W. Kelly answers are due 5/21/2013. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/30/2013. (Vertus, Miriam)

April 30, 2013

April 30, 2013

PACER
19

SUMMONS Returned Executed by Wendy Garcia, Lina Carrion, Arlet Macareno, Yanahit Padilla Torres, Silvia Soriano, Violence Intervention Program. Vincenzo Tradolse served on 4/25/2013, answer due 5/16/2013. (Josephson, Edward) (Entered: 05/01/2013)

May 1, 2013

May 1, 2013

PACER
20

Second MOTION for Extension of Time to File Answer re Order on Motion for Extension of Time to Answer, Order on Motion for Extension of Time to Answer, Set Deadlines/Hearings,,,, by Michael Bloomberg, Raymond W. Kelly, The City of New York. (Birnbaum, Janice) (Entered: 05/20/2013)

May 20, 2013

May 20, 2013

PACER

ORDER granting 20 Second Motion for Extension of Time to Answer. Defendants Michael Bloomberg, Raymond W. Kelly and The City of New York answers are due on 6/4/2013.; The 5/23/13 Initial Conference is adjourned to 6/25/2013 at 10:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/20/2013. (Vertus, Miriam)

May 20, 2013

May 20, 2013

PACER
21

First Motion to Dismiss for Failure to State a Claim, to Stay Discovery and other relief by Michael Bloomberg, Raymond W. Kelly, The City of New York. (Birnbaum, Janice) (Entered: 06/04/2013)

June 4, 2013

June 4, 2013

PACER
22

RESPONSE in Opposition re 21 First Motion to Dismiss for Failure to State a Claim, to Stay Discovery and other relief filed by All Plaintiffs. (Josephson, Edward) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
23

REPLY in Support re 21 First Motion to Dismiss for Failure to State a Claim, to Stay Discovery and other relief filed by Michael Bloomberg, Raymond W. Kelly, The City of New York. (Birnbaum, Janice) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER

ORDER: Parties to address 23 Defendants' Motion to Stay Discovery at 6/25/2013 Initial Conference. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/24/2013.(Morales, Luis)

June 24, 2013

June 24, 2013

PACER

SCHEDULING ORDER: Pre Motion Conference is scheduled for July 1, 2013 at 11:30 AM in Courtroom 6F North before Judge Margo K. Brodie. Ordered by Judge Margo K. Brodie on 6/24/2013. (Francis, Ogoro)

June 24, 2013

June 24, 2013

PACER

Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Initial Conference Hearing held on 6/25/2013. Discussions held. The Court informed the parties of his relationship with an attorney for the South Brooklyn legal Services; provided the City an opportunity to object to continued participation in case. The Court denied the request for a stay of discovery. The parties shall submit a Case Management Plan on 6/28/13. The Court will schedule further conferences upon receipt of the Case Management Plan. (Tape #10:18:27-10:58:39.) (Vertus, Miriam)

June 25, 2013

June 25, 2013

PACER
24

Letter requesting telephone conference by Lina Carrion, Wendy Garcia, Arlet Macareno, Silvia Soriano, Yanahit Padilla Torres, Violence Intervention Program (Josephson, Edward) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

PACER

SCHEDULING ORDER re 24 : Status Conference set for 7/1/2013 in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Conference to commence immediately after the parties' conference with Judge Brodie. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/27/2013. (Morales, Luis)

June 27, 2013

June 27, 2013

PACER
25

NOTICE of Appearance by Matthew D. Brinckerhoff on behalf of Lina Carrion, Wendy Garcia, Arlet Macareno, Silvia Soriano, Yanahit Padilla Torres, Violence Intervention Program (aty to be noticed) (Brinckerhoff, Matthew) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER
26

Case Management Plan: All discovery to be completed on or before 2/28/2014. In person Final Pretrial Conference set for 3/4/2014 at 10:00 AM before Magistrate Judge Ramon E. Reyes, Jr., In person Status Conference set for 10/29/2013 at 11:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. See attached for deadlines. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 7/1/2013. (Vertus, Miriam) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

PACER

Minute Entry for proceedings held before Judge Margo K. Brodie: A pre-motion conference was held on July 1, 2013. Edward Josephson, Amy Taylor, Matthew Brinckerhoff and Jenesa Calvo-Friedman appeared on behalf of plaintiffs; Janice Birnbaum appeared on behalf of defendants. The following briefing schedule was established: Defendants will serve their motion by July 31, 2013; Plaintiffs will serve their opposition by September 16, 2013; and Defendants will serve their reply by October 2, 2013. The motion shall be submitted in accordance with the Court's Individual Practices and Rules. (Court Reporter Marie Foley.) (Olson, Kristin)

July 1, 2013

July 1, 2013

PACER

Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Status Conference held on 7/1/2013. Discussions held. Individual Defendants' to respond to the Complaint by 7/31/13. Case Management Plan entered. (Tape #12:16:19 -12:34:15.) (Vertus, Miriam)

July 1, 2013

July 1, 2013

PACER
27

First MOTION for Extension of Time to File Defendants' motion to dismiss by Michael Bloomberg, Christopher Furda, Raymond W. Kelly, The City of New York, Vincenzo Tradolse. (Attachments: # 1 Proposed Order) (Birnbaum, Janice) (Entered: 07/29/2013)

1 Proposed Order

View on PACER

July 29, 2013

July 29, 2013

PACER

ORDER granting 27 Motion for Extension of Time to File. Defendants' request for an extension of time is granted. Defendants shall serve their motion to dismiss by August 7, 2013; Plaintiffs shall serve their opposition by September 23, 2013; and Defendants shall serve their reply by October 9, 2013. Ordered by Judge Margo K. Brodie on 7/29/2013. (Olson, Kristin)

July 29, 2013

July 29, 2013

PACER
28

Letter advising of the service of Defendants' motion to dismiss the Amended Complaint by Michael Bloomberg, Christopher Furda, Raymond W. Kelly, The City of New York, Vincenzo Tradolse (Birnbaum, Janice) (Entered: 08/07/2013)

Aug. 7, 2013

Aug. 7, 2013

PACER
29

Letter MOTION to Amend/Correct/Supplement 9 Amended Complaint, by joining new plaintiff by Lina Carrion, Wendy Garcia, Arlet Macareno, Silvia Soriano, Yanahit Padilla Torres, Violence Intervention Program. (Josephson, Edward) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

PACER
30

NOTICE of Appearance by Carolyn Elizabeth Kruk on behalf of All Defendants (aty to be noticed) (Kruk, Carolyn) (Entered: 09/04/2013)

Sept. 4, 2013

Sept. 4, 2013

PACER
31

MOTION for Extension of Time to File Defendants' response to Plaintiffs' motion for leave to file second amended complaint by Michael Bloomberg, Christopher Furda, Raymond W. Kelly, The City of New York, Vincenzo Tradolse. (Birnbaum, Janice) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

PACER
32

Joint MOTION to Amend/Correct/Supplement by Michael Bloomberg, Christopher Furda, Raymond W. Kelly, The City of New York, Vincenzo Tradolse. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Birnbaum, Janice) (Entered: 09/12/2013)

1 Proposed Order

View on PACER

2 Exhibit

View on PACER

Sept. 12, 2013

Sept. 12, 2013

PACER
33

AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Wendy Garcia, Lina Carrion, Arlet Macareno, Yanahit Padilla Torres, Silvia Soriano, Violence Intervention Program. (Taylor, Amy) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

PACER

ORDER granting 32 Motion to Amend/Correct/Supplement: Stipulation and Order is "so ordered." Plaintiffs to file their Second Amended Complaint and Demand for Jury Trial by 9/16/13. The briefing schedule for Defendants' Amended Motion to Dismiss is established as follows: Defendants will serve their amended motion by 9/23/13; Plaintiffs will serve their opposition by 10/9/13; and Defendants will serve their reply by 10/25/13. The motion shall be submitted in accordance with Judge Brodie's Individual Practices and Rules. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 9/12/2013. (Stevens, Alexis)

Sept. 12, 2013

Sept. 12, 2013

PACER

ORDER denying 29 Motion to Amend/Correct/Supplement; ORDER granting 31 Motion for Extension of Time to File. Plaintiffs' motion to amend their complaint to add additional parties is denied without prejudice to renewal. Plaintiffs' time to add additional parties extended to 9/18/13. Status report on parties' discussions as to addition of plaintiffs due 9/16/13. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 9/12/2013. (Stevens, Alexis)

Sept. 12, 2013

Sept. 12, 2013

PACER
34

Letter re service of Defendants' motion to dismiss second amended complaint by Michael Bloomberg, Christopher Furda, John Doe #1-2, John/Jane Does 1-6, Raymond W. Kelly, The City of New York, Vincenzo Tradolse (Birnbaum, Janice) (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
35

First MOTION for Protective Order by Michael Bloomberg, Christopher Furda, John Doe #1-2, John/Jane Does 1-6, Raymond W. Kelly, The City of New York, Vincenzo Tradolse. (Attachments: # 1 Proposed Order) (Birnbaum, Janice) (Entered: 09/30/2013)

1 Proposed Order

View on PACER

Sept. 30, 2013

Sept. 30, 2013

PACER

ORDER granting 35 Motion for Protective Order: Parties' Joint Stipulation and Protective Order is "So Ordered." Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 10/1/2013. (Stevens, Alexis)

Oct. 1, 2013

Oct. 1, 2013

PACER
36

First MOTION for Extension of Time to File Response/Reply and joint request to extend discovery by Michael Bloomberg, Christopher Furda, Raymond W. Kelly, Vincenzo Tradolse. (Birnbaum, Janice) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER

ORDER granting 36 Motion for Extension of Time to File Response/Reply and joint request to extend discovery. Responses due by 11/8/2013. Expert designations extended to 2/3/14; rebuttal expert designations extended to 4/4/14. All discovery to be completed by 4/30/14. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/22/2013. (Reyes, Ramon)

Oct. 22, 2013

Oct. 22, 2013

PACER

Set/Reset Hearings:The 34/14 Final Pretrial Conference is adjourned to 5/7/2014 at 10:00 AM before Magistrate Judge Ramon E. Reyes Jr., 10/29/13 Status Conference is adjourned to 3/4/2014 at 10:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes Jr. (Vertus, Miriam)

Oct. 24, 2013

Oct. 24, 2013

PACER
37

Second MOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File Response/Reply, by Michael Bloomberg, Christopher Furda, John Doe #1-2, John/Jane Does 1-6, Raymond W. Kelly, The City of New York, Vincenzo Tradolse. (Birnbaum, Janice) (Entered: 11/06/2013)

Nov. 6, 2013

Nov. 6, 2013

PACER

ORDER granting 37 Motion for Extension of Time to File Response/Reply: Response due by 11/15/2013. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 11/7/2013. (Stevens, Alexis)

Nov. 7, 2013

Nov. 7, 2013

PACER
38

Third MOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File Response/Reply by Michael Bloomberg, Christopher Furda, John Doe #1-2, John/Jane Does 1-6, Raymond W. Kelly, The City of New York, Vincenzo Tradolse. (Birnbaum, Janice) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER

ORDER granting 38 Third MOTION for Extension of Time to File Response/Reply. Defendants must serve and file their reply papers in further support of their motion to dismiss the second amended complaint by November 22,2013. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/13/2013. (Vertus, Miriam)

Nov. 13, 2013

Nov. 13, 2013

PACER
39

Motion to Dismiss for Failure to State a Claim and lack of subject matter jurisdiction by Michael Bloomberg, Christopher Furda, John Doe #1-2, John/Jane Does 1-6, Raymond W. Kelly, The City of New York, Vincenzo Tradolse. (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Exhibit, # 4 Certificate of Service) (Birnbaum, Janice) (Entered: 11/22/2013)

1 Memorandum in Support

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2 Affidavit

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3 Exhibit

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4 Certificate of Service

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Nov. 22, 2013

Nov. 22, 2013

PACER
40

REPLY in Support re 39 Motion to Dismiss for Failure to State a Claim and lack of subject matter jurisdiction filed by Michael Bloomberg, Christopher Furda, John Doe #1-2, John/Jane Does 1-6, Raymond W. Kelly, The City of New York, Vincenzo Tradolse. (Attachments: # 1 Certificate of Service) (Birnbaum, Janice) (Entered: 11/22/2013)

1 Certificate of Service

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Nov. 22, 2013

Nov. 22, 2013

PACER
41

MEMORANDUM in Support Statement of Interest Regarding Defendants' Motion to Dismiss, filed by United States of America. (Kabrawala, Ameet) (Entered: 11/22/2013)

Nov. 22, 2013

Nov. 22, 2013

PACER
42

Letter enclosing courtesy copy of Statement of Interest, by United States of America (Kabrawala, Ameet) (Entered: 11/22/2013)

Nov. 22, 2013

Nov. 22, 2013

PACER
43

MEMORANDUM in Opposition re 39 Motion to Dismiss for Failure to State a Claim and lack of subject matter jurisdiction filed by All Plaintiffs. (Josephson, Edward) (Entered: 11/23/2013)

Nov. 23, 2013

Nov. 23, 2013

PACER
44

Letter (cover letter enclosing courtesy copies) by Michael Bloomberg, Christopher Furda, John Doe #1-2, John/Jane Does 1-6, Raymond W. Kelly, The City of New York, Vincenzo Tradolse (Birnbaum, Janice) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
45

REQUEST for Production of Documents by Yanahit Padilla Torres. (Attachments: # 1 Proposed Order) (Taylor, Amy) (Entered: 02/21/2014)

1 Proposed Order

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Feb. 21, 2014

Feb. 21, 2014

PACER
46

MOTION for Extension of Time to File Response to USA's Statement of Interest by Michael Bloomberg, Christopher Furda, John Doe #1-2, John/Jane Does 1-6, Raymond W. Kelly, The City of New York, Vincenzo Tradolse. (Birnbaum, Janice) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

PACER

ORDER re 45 : Proposed Stipulation and Order attached to 45 is "So Ordered." All discovery to be completed by 10/16/2014. The 5/7/2014 Final Pretrial Conference is adjourned until 10/16/2014 at 10:00 AM before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 2/21/2014. (Stevens, Alexis)

Feb. 21, 2014

Feb. 21, 2014

PACER
47

RESPONSE in Opposition re 46 MOTION for Extension of Time to File Response to USA's Statement of Interest filed by All Plaintiffs. (Josephson, Edward) (Entered: 02/25/2014)

Feb. 25, 2014

Feb. 25, 2014

PACER

ORDER granting 46 Motion for Extension of Time to File. Defendants' motion to file a response to the United States' Statement of Interest is granted. Defendants' response shall be filed on or before March 7, 2014. The Court will contact the parties to notify them of an oral argument date in the future. Ordered by Judge Margo K. Brodie on 2/26/2014. (Ramos, Christopher)

Feb. 26, 2014

Feb. 26, 2014

PACER

Set/Reset Hearings: The 3/4/14 Status Conference is adjourned to 7/16/2014 at 11:30 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. (Vertus, Miriam)

March 3, 2014

March 3, 2014

PACER
48

First MOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File, by Michael Bloomberg, Christopher Furda, John Doe #1-2, John/Jane Does 1-6, Raymond W. Kelly, The City of New York, Vincenzo Tradolse. (Birnbaum, Janice) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

PACER

ORDER granting 48 Motion for Extension of Time to File Response. Defendants' request is granted. Defendants shall file their response to the United States' statement of interest on or before March 11, 2014. Ordered by Judge Margo K. Brodie on 3/6/2014. (Ramos, Christopher)

March 6, 2014

March 6, 2014

PACER
49

NOTICE of Appearance by Michael J. Goldberger on behalf of United States of America (aty to be noticed) (Goldberger, Michael) (Entered: 03/07/2014)

March 7, 2014

March 7, 2014

PACER
50

MEMORANDUM in Opposition re 41 Memorandum in Support filed by Michael Bloomberg, Christopher Furda, John Doe #1-2, John/Jane Does 1-6, Raymond W. Kelly, The City of New York, Vincenzo Tradolse. (Birnbaum, Janice) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

PACER

NOTICE of Hearing on 39 Motion to Dismiss for Failure to State a Claim and lack of subject matter jurisdiction: Oral Argument is scheduled for April 29, 2014 at 10:30 AM in Courtroom 6F North before Judge Margo K. Brodie. (Francis-McLeish, Ogoro)

March 19, 2014

March 19, 2014

PACER

NOTICE of Hearing on 39 Motion to Dismiss for Failure to State a Claim and lack of subject matter jurisdiction: Oral Argument is RESCHEDULED for May 1, 2014 at 10:30 AM in Courtroom 6F North before Judge Margo K. Brodie. (Francis-McLeish, Ogoro)

March 20, 2014

March 20, 2014

PACER
51

Joint MOTION to Adjourn Conference /Argument and for other relief by Michael Bloomberg, Christopher Furda, John Doe #1-2, John/Jane Does 1-6, Raymond W. Kelly, The City of New York, Vincenzo Tradolse. (Attachments: # 1 Proposed Order) (Birnbaum, Janice) (Entered: 04/25/2014)

1 Proposed Order

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April 25, 2014

April 25, 2014

PACER
52

STIPULATION and ORDER granting 51 Motion to Adjourn Conference. The Parties' request to adjourn oral argument on Defendants' motion to dismiss is granted. The parties are encouraged to file a written request for a settlement conference, if they believe it productive to do so. Ordered by Judge Margo K. Brodie on 4/28/2014. (Ramos, Christopher) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
53

Supplemental COMPLAINT, filed by Wendy Garcia, Lina Carrion, Arlet Macareno, Yanahit Padilla Torres, Silvia Soriano, Violence Intervention Program. (Taylor, Amy) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
54

Letter (status report) by Yanahit Padilla Torres (Josephson, Edward) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER

ORDER re 51 Joint Motion to Adjourn Conference. Per the parties' representation, a confidential status update letter was due on or before May 30, 2014. The parties shall deliver said letter by June 4, 2013. Ordered by Judge Margo K. Brodie on 6/3/2014. (Ramos, Christopher)

June 3, 2014

June 3, 2014

PACER
55

MOTION for Extension of Time to Complete Discovery and proposed stipulation and order by Yanahit Padilla Torres. (Attachments: # 1 Proposed Order) (Josephson, Edward) (Entered: 06/19/2014)

1 Proposed Order

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June 19, 2014

June 19, 2014

PACER
56

MOTION for Extension of Time to Complete Discovery and proposed order by Yanahit Padilla Torres. (Attachments: # 1 Proposed Order) (Josephson, Edward) (Entered: 06/19/2014)

1 Proposed Order

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June 19, 2014

June 19, 2014

PACER

ORDER terminating 56 Motion for Extension of Time to Complete Discovery. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/19/2014. (Reyes, Ramon)

June 19, 2014

June 19, 2014

PACER

ORDER granting in part and denying in part 55 Motion for Extension of Time to Complete Discovery; SCHEDULING ORDER: Settlement Conference set for 8/7/2014 at 2:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Presence of representatives from the U.S. Attorney's Office and the Department of Justice is requested. Proposed extension of discovery will be discussed at the 8/7/2014 Settlement Conference. Discovery is stayed until the 8/7/2014 Settlement Conference. The 7/16/2014 Status Conference is adjourned sine die. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/20/2014. (Stevens, Alexis)

June 20, 2014

June 20, 2014

PACER
57

NOTICE of Appearance by Alyssa C. Lareau, Kulsoom Naqvi, Bharathi A. Venkatraman on behalf of United States of America (aty to be noticed) (Attachments: # 1 Naqvi, # 2 Venkatraman) (Marziliano, August) (Entered: 06/25/2014)

1 Naqvi

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2 Venkatraman

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June 25, 2014

June 25, 2014

PACER
58

MOTION to Adjourn Conference and re-schedule for August 14, 2014 by United States of America. (Goldberger, Michael) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

PACER

ORDER granting 58 Motion to Adjourn Conference. The 8/7/2014 Settlement Conference is adjourned until 8/14/2014 at 2:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/27/2014. (Stevens, Alexis)

June 27, 2014

June 27, 2014

PACER
59

NOTICE of Change of Firm's Address by Matthew D. Brinckerhoff (Brinckerhoff, Matthew) (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Settlement Conference held on 8/14/2014. Counsel present for both sides. Settlement discussions held. Further Settlement Conference set for 12/19/2014 at 11:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr.) (Tape #not recorded.) (Vertus, Miriam)

Aug. 14, 2014

Aug. 14, 2014

PACER

ORDER: In view of the ongoing settlement discussions between the parties, the pending motion to dismiss for failure to state a claim is marked off the Court's calendar. Either party can move to restore the motion by filing a letter with the Court asking for it to be restored. Ordered by Judge Margo K. Brodie on 9/18/2014. (Francis-McLeish, Ogoro)

Sept. 18, 2014

Sept. 18, 2014

PACER
60

Letter by Lina Carrion, Wendy Garcia, Arlet Macareno, Silvia Soriano, Yanahit Padilla Torres (Attachments: # 1 Proposed Stipulation and Order, # 2 Proposed Third Amended Complaint) (Taylor, Amy) (Entered: 10/07/2014)

1 Proposed Stipulation and Order

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2 Proposed Third Amended Complaint

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Oct. 7, 2014

Oct. 7, 2014

PACER

ORDER re 60 Letter filed by Wendy Garcia, Silvia Soriano, Lina Carrion, Arlet Macareno, Yanahit Padilla Torres: The Proposed Stipulation and Order attached to 60 Letter is "So Ordered." Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 10/8/2014. (Stevens, Alexis)

Oct. 8, 2014

Oct. 8, 2014

PACER

ORDER: The Final Pretrial Conference set for 10/16/14 is canceled. The parties are next to appear for a settlement conference on 12/19/14 at 11:00 AM, as previously scheduled on 8/14/14. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 10/15/2014. (Yasunaga, Adrienne)

Oct. 15, 2014

Oct. 15, 2014

PACER
61

First Motion to Appear by Telephone of DOJ Attorney Bharathi Venkatraman by United States of America. (Goldberger, Michael) (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER

ORDER granting 61 Motion to Appear by Telephone: Bharathi Venkatraman, Attorney Advisor in the Civil Rights Division of the Department of Justice, may attend the 12/19/2014 settlement conference via telephone. Bharathi Venkatraman is directed to call Chambers at 718-613-2120 at the conference's scheduled time. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 12/8/2014. (Stevens, Alexis)

Dec. 8, 2014

Dec. 8, 2014

PACER
62

First MOTION to Withdraw as Attorney by Kulsoom Naqvi by United States of America. (Goldberger, Michael) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Settlement Conference held on 12/19/2014. Discussions held. Further Settlement Conference set for 6/22/2015 at 10:00 AM - 1:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. (Tape #not recorded.) (Vertus, Miriam)

Dec. 19, 2014

Dec. 19, 2014

PACER

ORDER granting 62 Motion to Withdraw as Attorney. Attorney Kulsoom Naqvi terminated. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/19/2014. (Vertus, Miriam)

Dec. 19, 2014

Dec. 19, 2014

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 4, 2013

Closing Date: May 24, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A small group of New York residents with Limited English Proficiency.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York, City

The New York City Police Department, City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

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: 757,500

Order Duration: 2017 - 2019

Content of Injunction:

Discrimination Prohibition

Recordkeeping

Monitoring

Training

Issues

General:

Communication skills

Disparate Treatment

Failure to train

Inadequate citizen complaint investigations and procedures

Language access/needs

Pattern or Practice

Staff (number, training, qualifications, wages)

Discrimination-basis:

Language discrimination

National origin discrimination

Language:

Spanish

National Origin/Ethnicity:

Hispanic