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COMPLAINT against Jane Does, City of New York, Michael Curley, Curley Harris, Miguel Musse, Kevin Lynch, John Brennan, John Does, Jane Does, Robert Johnson, Jane Does, John Does, Judith Kaye, Judith Kaye, Jonathan Lippman, Chauncey G. Parker(in his capacity as Director of Criminal Justice), Chauncey G. Parker(Commissioner of the New York State Division of Criminal Justice Services (DCJS)), Raymond W. Kelly, Barry M. Buzzetti(Captain of NYPD 48th Precinct), Barry M. Buzzetti(commanding officer of NYPD 48th Precinct), John Does. (Filing Fee $ 250.00, Receipt Number 546087)Document filed by Eddie Wise(on behalf of himself), Eddie Wise(on behalf of all others similarly situated).(laq, ) Additional attachment(s) added on 6/23/2005 (laq, ). (Entered: 06/09/2005)
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View on RECAP
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June 9, 2005
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June 9, 2005
Clearinghouse
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6
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NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned no longer assigned to the case. (laq, ) (Entered: 06/28/2005)
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June 9, 2005
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June 9, 2005
PACER
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Case Designated ECF. (gf, )
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June 9, 2005
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June 9, 2005
PACER
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SUMMONS ISSUED as to Jane Does, City of New York, Michael Curley, Curley Harris, Miguel Musse, Kevin Lynch, John Brennan, John Does, Jane Does, Robert Johnson, Jane Does, John Does, Judith Kaye, Judith Kaye, Jonathan Lippman, Chauncey G. Parker(in his capacity as Director of Criminal Justice), Chauncey G. Parker(Commissioner of the New York State Division of Criminal Justice Services (DCJS)), Raymond W. Kelly, Barry M. Buzzetti(Captain of NYPD 48th Precinct), Barry M. Buzzetti(commanding officer of NYPD 48th Precinct), John Does. (laq, )
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June 9, 2005
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June 9, 2005
PACER
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CASE DECLINED AS NOT RELATED. Case referred as related to 1:90-cv-7546 and declined by Judge Robert W. Sweet and returned to wheel for assignment. (laq, )
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June 9, 2005
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June 9, 2005
PACER
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Magistrate Judge Theodore H. Katz is so designated. (laq, )
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June 9, 2005
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June 9, 2005
PACER
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CASE REFERRED TO Judge Robert W. Sweet as possibly similar to 1:90-cv-7546. (laq, )
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June 9, 2005
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June 9, 2005
PACER
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2
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TRANSCRIPT of proceedings held on 6/10/05 @ 11:15 a.m. before Judge Shira A. Scheindlin. (kco, ) (Entered: 06/20/2005)
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June 20, 2005
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June 20, 2005
PACER
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8
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ORDER. Plaintiffs are hereby ordered to show cause why defendants Chief Judge Judith Kaye, Justice Lippman and Chauncey B. Parker should not immediately be dismissed from this case for the reasons further set forth in this Order. Plaintiffs should submit a response of no more than 15 pages, no later than Friday, 6/24/05 at 12:00 p.m. Plaintiff may also submit a reply to the State of New York's opposition to plaintifffs' request for entry of a restraining order, of no more than 10 pages, no later than Friday, 6/24/05 at 12:00 p.m. (Signed by Judge Shira A. Scheindlin on 6/21/05) (yv, ) (Entered: 06/30/2005)
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June 21, 2005
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June 21, 2005
RECAP
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3
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AFFIDAVIT OF SERVICE of Summons and Complaint,,. Chauncey G. Parker(in his capacity as Director of Criminal Justice) served on 6/21/2005, answer due 7/11/2005. Service was accepted by Monica Connell, Assistant Attorney General. Document filed by Eddie Wise(on behalf of himself). (Rosenfeld, Katherine) (Entered: 06/22/2005)
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June 22, 2005
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June 22, 2005
PACER
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4
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NOTICE of Appearance by Katherine R. Rosenfeld on behalf of all plaintiffs (Rosenfeld, Katherine) (Entered: 06/22/2005)
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June 22, 2005
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June 22, 2005
PACER
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5
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STIPULATION AND ORDER; Robert Johnson shall seek to dismiss any and all charges and summoneses pending solely under Penal Law 240.35(1) including conditional discharges and violations thereof related to prior charges and/or convictions solely under Penal Law 240.35(1); City Defendants shall immediately release from custody anyone held solely on the charge of violating Penal Law 240.35(a) or, on a charge of violating the terms of a conditional discharge relating solely to 240.35(1); and the City Defendants shall immediately seek to vacate all warrants relating to charges or summonses solely for Penal Law 240.35(1). (Signed by Judge Shira A. Scheindlin on 6/23/05) (sac, ) (Entered: 06/27/2005)
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June 24, 2005
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June 24, 2005
Clearinghouse
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7
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ENDORSED LETTER addressed to Judge Scheindlin from Monica Connell dated 6/27/05 re: request for leave to submit a 5 page reply to plaintiff's 6/24/05 letters submitted pursuant to the Court's 6/21/05 Order. Defendant's request is granted. Defendant may submit a reply, not to exceed 5 pages, by 6/29/05 (Signed by Judge Shira A. Scheindlin on 6/27/05) (yv, ) (Entered: 06/29/2005)
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June 25, 2005
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June 25, 2005
RECAP
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Mailed notice to the attorney(s) of record. (laq, )
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June 28, 2005
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June 28, 2005
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9
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ORDER that the court reserves decision regarding its 6/21/05 order to show cause pending the State dfts' submission of and the plaintiffs' opposition to motion to dismiss (Signed by Judge Shira A. Scheindlin on 7/1/05) (dle, ) (Entered: 07/05/2005)
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July 1, 2005
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July 1, 2005
RECAP
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10
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NOTICE of Appearance by Monica Anne Connell on behalf of Judith Kaye, Judith Kaye (Connell, Monica) (Entered: 07/06/2005)
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July 6, 2005
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July 6, 2005
PACER
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11
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NOTICE of Appearance by Monica Anne Connell on behalf of Judith Kaye, Judith Kaye, Jonathan Lippman, Chauncey G. Parker(in his capacity as Director of Criminal Justice), Chauncey G. Parker(Commissioner of the New York State Division of Criminal Justice Services (DCJS)) (Connell, Monica) (Entered: 07/06/2005)
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July 6, 2005
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July 6, 2005
PACER
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12
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NOTICE of Appearance by Matthew C. Brinckerhoff on behalf of all plaintiffs (Brinckerhoff, Matthew) (Entered: 07/07/2005)
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July 7, 2005
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July 7, 2005
PACER
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13
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AFFIDAVIT OF SERVICE. Raymond W. Kelly served on 6/30/2005, answer due 7/20/2005. Service was accepted by D. Cruz, Officer. Document filed by Eddie Wise(on behalf of himself). (Brinckerhoff, Matthew) (Entered: 07/07/2005)
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July 7, 2005
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July 7, 2005
PACER
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14
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AFFIDAVIT OF SERVICE. Barry M. Buzzetti(Captain of NYPD 48th Precinct) served on 7/5/2005, answer due 7/25/2005. Service was accepted by Mundo, Officer. Document filed by Eddie Wise(on behalf of himself). (Brinckerhoff, Matthew) (Entered: 07/07/2005)
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July 7, 2005
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July 7, 2005
PACER
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15
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AFFIDAVIT OF SERVICE. Kevin Lynch served on 7/5/2005, answer due 7/25/2005. Service was accepted by Mundo, Officer. Document filed by Eddie Wise(on behalf of himself). (Brinckerhoff, Matthew) (Entered: 07/07/2005)
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July 7, 2005
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July 7, 2005
PACER
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16
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AFFIDAVIT OF SERVICE. Miguel Musse served on 7/5/2005, answer due 7/25/2005. Service was accepted by Mundo, Officer. Document filed by Eddie Wise(on behalf of himself). (Brinckerhoff, Matthew) (Entered: 07/07/2005)
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July 7, 2005
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July 7, 2005
PACER
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17
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AFFIDAVIT OF SERVICE. Robert Johnson served on 7/5/2005, answer due 7/25/2005. Service was accepted by Yolanda Oliveri. Document filed by Eddie Wise(on behalf of himself). (Brinckerhoff, Matthew) (Entered: 07/07/2005)
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July 7, 2005
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July 7, 2005
PACER
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18
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AFFIDAVIT OF SERVICE. Judith Kaye served on 7/6/2005, answer due 7/26/2005. Service was accepted by Jonathan Lippman, OCA. Document filed by Eddie Wise(on behalf of himself). (Brinckerhoff, Matthew) (Entered: 07/07/2005)
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July 7, 2005
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July 7, 2005
PACER
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19
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AFFIDAVIT OF SERVICE. Jonathan Lippman served on 7/6/2005, answer due 7/26/2005. Service was accepted by Jonathan Lippman, OCA. Document filed by Eddie Wise(on behalf of himself). (Brinckerhoff, Matthew) (Entered: 07/07/2005)
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July 7, 2005
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July 7, 2005
PACER
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Set/Reset Deadlines: Motion to dismiss due by 7/29/2005. (jp, )
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July 20, 2005
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July 20, 2005
PACER
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20
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ORDER; State defts time to serve and file a motion to dismiss is extended by one week from 7/22/2005 to 7/29/2005. (Signed by Judge Shira A. Scheindlin on 7/19/2005) (jp, ) (Entered: 07/22/2005)
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July 21, 2005
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July 21, 2005
PACER
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21
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AFFIDAVIT OF SERVICE. City of New York served on 7/25/2005, answer due 8/15/2005. Service was accepted by Linda Lawyer/Process Clerk. Document filed by Eddie Wise(on behalf of himself). (Rosenfeld, Katherine) (Entered: 07/27/2005)
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July 27, 2005
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July 27, 2005
PACER
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22
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AFFIDAVIT OF SERVICE. Curley Harris served on 7/25/2005, answer due 8/15/2005. Service was accepted by Lieutenant Green. Document filed by Eddie Wise(on behalf of himself). (Rosenfeld, Katherine) (Entered: 07/27/2005)
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July 27, 2005
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July 27, 2005
PACER
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23
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AFFIDAVIT OF SERVICE. John Brennan served on 7/25/2005, answer due 8/15/2005. Service was accepted by Officer Richards. Document filed by Eddie Wise(on behalf of himself). (Rosenfeld, Katherine) (Entered: 07/27/2005)
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July 27, 2005
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July 27, 2005
PACER
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24
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ORDER: State defendants' time to serve and file a motion to dismiss is extended by three weeks from July 29, 2005 to August 19, 2005. No further extensions will be granted. (Signed by Judge Shira A. Scheindlin on 7/28/05) Copies Faxed By Chambers.(kw, ) (Entered: 08/01/2005)
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July 29, 2005
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July 29, 2005
PACER
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25
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ENDORSED LETTER addressed to Judge Scheindlin from Rachel A. Seligman dated 8/15/05 re: Theh City defendants' request is hereby granted. The City defendants shall file an answer or otherwise respond to the complaint no later than 09/15/05. In addition, provided that the defendant police officers have been properly served, these defendants shall also file an answer or otherwise respod to the complaint by 09/15/05. No further extensions shall be granted. (Signed by Judge Shira A. Scheindlin on 8/17/05) (djc, ) (Entered: 08/19/2005)
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Aug. 18, 2005
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Aug. 18, 2005
PACER
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26
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MOTION to Dismiss Complaint. Document filed by Judith Kaye, Judith Kaye, Jonathan Lippman, Chauncey G. Parker(in his capacity as Director of Criminal Justice), Chauncey G. Parker(Commissioner of the New York State Division of Criminal Justice Services (DCJS)). Return Date set for 9/30/2005 09:30 AM. (Attachments: # 1 Supporting Declaration of Monica Connell# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H)(Connell, Monica) (Entered: 08/19/2005)
1 Supporting Declaration of Monica Connell
View on PACER
2 Supporting Declaration of Monica Connell
View on RECAP
3 Exhibit A
View on RECAP
4 Exhibit B
View on RECAP
5 Exhibit C
View on RECAP
6 Exhibit D
View on RECAP
7 Exhibit E
View on RECAP
8 Exhibit F
View on RECAP
9 Exhibit G
View on RECAP
10 Exhibit H
View on PACER
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Aug. 19, 2005
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Aug. 19, 2005
RECAP
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27
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MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss Complaint.. Document filed by Judith Kaye, Judith Kaye, Jonathan Lippman, Chauncey G. Parker(in his capacity as Director of Criminal Justice), Chauncey G. Parker(Commissioner of the New York State Division of Criminal Justice Services (DCJS)). (Connell, Monica) (Entered: 08/19/2005)
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Aug. 19, 2005
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Aug. 19, 2005
RECAP
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28
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Matthew D. Brinckerhoff dated 9/9/05 re: the plaintiffs request is hereby granted. The plaintiff opposition is due no later than 10/3/05. The State dfts respond is due no later than 10/17/05. (Signed by Judge Shira A. Scheindlin on 9/9/05) (pl, ) (Entered: 09/12/2005)
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Sept. 9, 2005
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Sept. 9, 2005
PACER
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29
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ANSWER to Complaint with JURY DEMAND. Document filed by City of New York, Robert Johnson, Raymond W. Kelly.(Seligman, Rachel) (Entered: 09/15/2005)
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Sept. 15, 2005
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Sept. 15, 2005
RECAP
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30
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Katherine Rosenfeld dated 9/15/05 re: the plaintiffs request is hereby granted. The City is directed to either (1) provide plaintiff with defendant Carley's consent for service through the NYPD legal division no later than 9/23/05; or (2) provide plaintiff with defendant Carley's last known home address by no later than 9/23/05. (Signed by Judge Shira A. Scheindlin on 9/15/05) (db, ) (Entered: 09/20/2005)
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Sept. 19, 2005
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Sept. 19, 2005
PACER
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31
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Rachel A. Seligman dated 9/15/05 re: It is unprofessional to request an extension of time on the day a filing is due. Nevertheless, understanding the situation regarding the individual police officer defendants, the COurt hereby grants a fourteen-day (14) day enlargement of time, and no more. Thus, Officers Buzzetti, Lynch, Masse, Brennan and Harris shall answer or otherwise respond to the complaint no later than 9/29/05. (Signed by Judge Shira A. Scheindlin on 9/15/05) (db, ) (Entered: 09/20/2005)
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Sept. 19, 2005
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Sept. 19, 2005
PACER
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Set Answer Due Date purs. to 31 Endorsed Letter,, as to Curley Harris answer due on 9/29/2005; Miguel Musse answer due on 9/29/2005; Kevin Lynch answer due on 9/29/2005; John Brennan answer due on 9/29/2005; Barry M. Buzzetti(Captain of NYPD 48th Precinct) answer due on 9/29/2005; Barry M. Buzzetti(commanding officer of NYPD 48th Precinct) answer due on 9/29/2005. (db, )
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Sept. 19, 2005
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Sept. 19, 2005
PACER
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32
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AFFIDAVIT OF SERVICE. Michael Curley served on 9/26/2005, answer due 10/17/2005. Service was accepted by Michael Curley. Document filed by Eddie Wise(on behalf of himself). (Rosenfeld, Katherine) (Entered: 09/28/2005)
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Sept. 28, 2005
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Sept. 28, 2005
PACER
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33
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ANSWER to Complaint with JURY DEMAND. Document filed by Michael Curley, Curley Harris, Miguel Musse, Kevin Lynch, John Brennan, Barry M. Buzzetti(Captain of NYPD 48th Precinct), Barry M. Buzzetti(commanding officer of NYPD 48th Precinct).(Seligman, Rachel) (Entered: 09/29/2005)
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Sept. 29, 2005
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Sept. 29, 2005
PACER
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34
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STIPULATION AND ORDER OF DISMISSAL that the State Defendants withdraw their pending motion to dismiss, without prejudice and with leave to re-file. So Ordered. (Signed by Judge Shira A. Scheindlin on 9/28/05) (jco, ) (Entered: 10/07/2005)
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Oct. 6, 2005
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Oct. 6, 2005
RECAP
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35
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STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Shira A. Scheindlin on 1/17/06) (js, ) (Entered: 01/18/2006)
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Jan. 17, 2006
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Jan. 17, 2006
PACER
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36
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STIPULATION AND ORDER OF VOLUNTARY DISMISSAL, IT IS HEREBY STIPULATED AND AGREED by and between the parties, through their counsel, that plaintiff Eddie Wise hereby voluntarily withdraws and consents to the dismissal of this action as against Judge Judith Kaye, Chief Judge of the New York State Court of Appeals, Justice Jonathan Lippman, Chief Administative Judge of the New York State Unified Court System and Chauncey Parker, Commissioner of the New York State Division of Criminal Justice Services. (Signed by Judge Shira A. Scheindlin on 1/13/05) (dt, ) (Entered: 01/20/2006)
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Jan. 17, 2006
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Jan. 17, 2006
PACER
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37
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TRANSCRIPT of proceedings held on 02/17/06 before Judge Shira A. Scheindlin. (es, ) (Entered: 03/06/2006)
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March 6, 2006
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March 6, 2006
PACER
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38
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STIPULATED PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Shira A. Scheindlin on 3/9/06) (db, ) (Entered: 03/09/2006)
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March 9, 2006
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March 9, 2006
PACER
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39
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UNSEALING ORDER that the Bronx County District Attorney's Office and the NYC Police Department provide Corporation Counsel of the City of NY, re records of any criminal actions pertaining to individuals who were arrested, summonsed, and/or charged with Penal Law 240.35(1) from 6/9/02 and 6/9/05, as further set forth in this document. (Signed by Judge Shira A. Scheindlin on 3/9/06) (cd, ) (Entered: 03/10/2006)
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March 9, 2006
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March 9, 2006
PACER
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40
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TRANSCRIPT of proceedings held on 3/23/06 @ 10:15 a.m. before Judge Shira A. Scheindlin. (kco, ) (Entered: 03/28/2006)
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March 28, 2006
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March 28, 2006
PACER
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41
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ORDER: It is hereby ordered that the Bronx County District Attorney's Office, the Kings County District Attorney's Office, the Queens County District Attorney's Office, and the New York City Police Department provide Michael A. Cardozo, Corporation Counsel of the City of New York, or his authorized representative, records of any criminal actions pertaining to individuals who were arrested, summonsed, and/or charged with Penal Law 240.35(1) from 10/7/92 until 4/11/2006. (Signed by Judge Shira A. Scheindlin on 4/11/2006) (lb, ) (Entered: 04/12/2006)
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April 11, 2006
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April 11, 2006
PACER
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42
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ORDER: By April 14, 2006, the Bronx County District Attorney's Office shall produce to the Office of Corporation counsel of City of New York a complete list of the electronic data fields used by the Bronx County District attorney's office, including but not limited to the fields contained in the case Tracking System, Folder Tracking System and the Complaint Typing System. (Signed by Judge Shira A. Scheindlin on 4/12/06) (js, ) (Entered: 04/13/2006)
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April 12, 2006
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April 12, 2006
PACER
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43
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TRANSCRIPT of proceedings held on 4/10/2006 before Judge Shira A. Scheindlin. (jar, ) (Entered: 04/27/2006)
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April 27, 2006
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April 27, 2006
PACER
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44
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ORDER; that by 7/24/06, dfts. shall produce to plaintiff, in electronic "Excel" format as agreed to by the parties, all electronic data, using all data fields contained in BADS regarding enforcement of N.Y. Penal Law section 240.35(1) from the N.Y.C.P.D. for the time period 6/9/02 to 6/9/05 (Signed by Judge Shira A. Scheindlin on 6/20/06) (pl, ) (Entered: 06/22/2006)
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June 21, 2006
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June 21, 2006
PACER
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45
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TRANSCRIPT of proceedings held on 6/19/06 before Judge Shira A. Scheindlin. (tro, ) (Entered: 06/23/2006)
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June 23, 2006
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June 23, 2006
PACER
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46
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from J. McGregor Smyth, Jr. dated 9/21/06 re: Counsel writes to request an adjournment of the status conference be-calendared any time between 11/1 and 11/3/06. The parties' request is hereby granted. The status conference scheduled for September 25 will be postponed until 11/1/06, at 11 a.m. So Ordered. (Signed by Judge Shira A. Scheindlin on 9/22/06) (jco, ) (Entered: 09/22/2006)
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Sept. 22, 2006
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Sept. 22, 2006
PACER
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47
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin f from Katherine Rosenfeld dated 10/26/2006 re: requesting a brief adjournment of the parties' status conference with the Court, currently scheduled for 11/1/2006 at 1:00 p.m. ENDORSEMENT: 11/1 Conference is adjourned to 11/22 at 4:30. Plaintiffs may submit two three-page premotion letters. So Ordered. (Signed by Judge Shira A. Scheindlin on 10/26/2006) (lb, ) (Entered: 10/27/2006)
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Oct. 26, 2006
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Oct. 26, 2006
PACER
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Set/Reset Hearings: Status Conference set for 11/22/2006 04:30 PM before Judge Shira A. Scheindlin. (lb, )
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Oct. 26, 2006
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Oct. 26, 2006
PACER
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48
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Rachel A. Seligman dated 11/6/06 re: a request by the City defendants for an adjournment of the status conference presently scheduled for 11/22/2006. ENDORSEMENT: Request granted. The conference previously scheduled for 11/22/2006 is adjourned to 11/29/2006 at 2:30 p.m. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/7/06) (kco, ) (Entered: 11/08/2006)
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Nov. 7, 2006
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Nov. 7, 2006
PACER
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49
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STIPULATION AND ORDER AMENDING COMPLAINT: It is hereby stipulated and agreed that defendants consent to the filing of the first amended complaint and that plaintiffs be granted leave to file and serve the first amended complaint. (Signed by Judge Shira A. Scheindlin on 11/22/2006) (lb, ) (Entered: 11/27/2006)
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Nov. 22, 2006
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Nov. 22, 2006
PACER
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50
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AMENDED CLASS ACTION COMPLAINT amending 1 Complaint, against Corey Harris, John/Jane Doe, Jane Does, City of New York, Miguel Musse, Kevin Lynch, John Brennan, John Does, Robert Johnson, Raymond W. Kelly, Barry M. Buzzetti(Captain and Commanding Officer of NYPD 48th Precinct), John Does.Document filed by Michael Brown(On behalf of himself and others similarly situated), Michael Brown, Eddie Wise(on behalf of himself), Eddie Wise(on behalf of all others similarly situated). Related document: 1 Complaint, filed by Eddie Wise.(jco, ) (Entered: 11/30/2006)
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Nov. 27, 2006
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Nov. 27, 2006
PACER
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51
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JUDGMENT #06,2604 in favor of Eddie Wise against City of New York in the amount of $ 100,001.00. (Signed by Judge Shira A. Scheindlin on 12/5/06) (Attachments: # 1 notice of right to appeal)(ml, ) (Entered: 12/07/2006)
2 notice of right to appeal
View on PACER
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Dec. 5, 2006
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Dec. 5, 2006
Clearinghouse
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52
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TRANSCRIPT of proceedings held on 11/29/06 before Judge Shira A. Scheindlin. (jbe, ) (Entered: 12/13/2006)
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Dec. 13, 2006
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Dec. 13, 2006
PACER
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53
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TRANSCRIPT of proceedings held on 11/20/2006 before Judge Shira A. Scheindlin. (aba, ) (Entered: 12/13/2006)
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Dec. 13, 2006
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Dec. 13, 2006
PACER
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54
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ORDER: It is hereby ordered that: within the next 30 days, defendants shall send letters to all police officers in the New York City Police Department who have issued summonses or made arrests under New York Penal Law 240.35(1) (the Statute) since 6/23/2005, informing said officers the Statue is unconstitutional and cannot be charged, and warning these officers that future enforcement of the Statue may lead to disciplinary action being taken against them by the NYPD. All other rulings are set forth in this order. (Signed by Judge Shira A. Scheindlin on 12/14/2006) (lb, ) (Entered: 12/15/2006)
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Dec. 14, 2006
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Dec. 14, 2006
Clearinghouse
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55
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STIPULATION AND ORDER: plaintiff Eddie Wise's time to move for reasonable attorneys' fees, expenses and costs, pursuant to FRCP 54(d)(2)(B) is extended to 2/15/07. (Signed by Judge Shira A. Scheindlin on 12/18/06) (db, ) (Entered: 12/20/2006)
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Dec. 19, 2006
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Dec. 19, 2006
PACER
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Set/Reset Deadlines: Motions due by 2/15/2007. (db, )
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Dec. 19, 2006
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Dec. 19, 2006
PACER
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56
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Matthew D. Brinckernoff dated 12/27/06 re: parties write to the court regarding proposed schedule for plaintiffs motion for class certification as follows: Plaintiffs' motion due by 2/1/2007. Responses due by 3/15/2007 Replies due by 3/20/2007. (Signed by Judge Shira A. Scheindlin on 12/28/06) (pl, ) (Entered: 12/29/2006)
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Dec. 28, 2006
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Dec. 28, 2006
PACER
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57
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Matthew D. Brinckernoff dated 12/28/06 re: Parties propose: (1) a schedule for resolving the discovery dispute raised in defendants' letter dated 12/22/06 and (ii) a revised schedule for plaintiff's motion for class certification; Plaintiff's motion for class certification shall be modified so that plaintiff's time to move is extended from 1/15/07 to 2/1/07, and defendants' time to oppose the motion is extended and expanded from 2/15/07 to 3/15/07, followed by plaintiff's reply papers on 3/30/07; The proposed schedule is hereby So Ordered. (Signed by Judge Shira A. Scheindlin on 12/28/06) (ae, ) (Entered: 12/29/2006)
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Dec. 28, 2006
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Dec. 28, 2006
PACER
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Set Deadlines/Hearings: Plaintiff's motion for class certification due by 2/1/2007. Defendants' Reply due by 3/30/2007. Plaintiff's Response due by 3/15/2007 (ae, )
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Dec. 28, 2006
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Dec. 28, 2006
PACER
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58
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TRANSCRIPT of proceedings held on 12/6/06 before Judge Shira A. Scheindlin. (tro) (Entered: 01/17/2007)
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Jan. 17, 2007
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Jan. 17, 2007
PACER
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59
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ANSWER to Amended Complaint. Document filed by City of New York, Michael Curley, Miguel Musse, Kevin Lynch, John Brennan, Corey Harris, Robert Johnson, Raymond W. Kelly, Barry M. Buzzetti(Captain and Commanding Officer of NYPD 48th Precinct).(Seligman, Rachel) (Entered: 01/19/2007)
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Jan. 19, 2007
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Jan. 19, 2007
PACER
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60
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Katherine Rosenfeld dated 1/24/07 re: Application GRANTED. The page limitations for plaintiff's Memorandum of Law in Support of the Motion for Class Certification is expanded to fifty (50) pages and defendants reply expanded to twenty-five (25) pages. (Signed by Judge Shira A. Scheindlin on 1/25/07) (db) (Entered: 01/26/2007)
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Jan. 25, 2007
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Jan. 25, 2007
PACER
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61
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ENDORSED LETTER addressed to Judge Shire A. Scheindlin from Katherine Rosenfeld dated 1/24/2007 re: to grant an extension of the page limits for plaintiffs' memorandum of law in support of our motion for class certification.ENDORSEMENT: Request denied. Counsel would be surprised to learn that almost every case thinks that it is the "unique" case that requires briefing beyond the court's page limits. If the Court granted every such request, there would be no page limits, and exceptions would swallow the rule. That said, plaintiffs may have a 10-page inccrease (to 35) pages; undoubtedly defendants will ask for said, plaintiffs may have the same; and plaintiffs may have a 5- page increase (to 15) pages. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 1/25/2007) (jmi) (Entered: 01/29/2007)
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Jan. 26, 2007
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Jan. 26, 2007
PACER
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62
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Certify Class and Amend Complaint. Document filed by Michael Brown(On behalf of himself and others similarly situated).Responses due by 3/15/2007 (Attachments: # 1 Memorandum of Law In Support of Motion to Amend and Certify Class)(Rosenfeld, Katherine) Modified on 2/2/2007 (Allen, Kathleen). (Entered: 02/01/2007)
2 Memorandum of Law In Support of Motion to Amend and Certify Class
View on PACER
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Feb. 1, 2007
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Feb. 1, 2007
PACER
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63
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FIRST MOTION to Certify Class and Amend Complaint. Document filed by Michael Brown(On behalf of himself and others similarly situated).Responses due by 3/16/2007 (Attachments: # 1 Affidavit Declaration of McGregor Smyth# 2 Exhibit Ex A: Second Amended Complaint# 3 Exhibit Ex. B: Stipulation and Order# 4 Supplement Memorandum of Law)(Rosenfeld, Katherine) (Entered: 02/02/2007)
2 Affidavit Declaration of McGregor Smyth
View on PACER
3 Exhibit Ex A: Second Amended Complaint
View on Clearinghouse
4 Exhibit Ex. B: Stipulation and Order
View on PACER
5 Supplement Memorandum of Law
View on PACER
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Feb. 2, 2007
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Feb. 2, 2007
PACER
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Katherine R. Rosenfeld to RE-FILE Document 62 MOTION to Certify Class and Amend Complaint. ERROR(S): Filing Error of Attachment#1 and Supporting Declartion. Supporting Documents must be filed individually. Event codes located under Replies, Opposition and Supporting Documents. (kg)
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Feb. 2, 2007
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Feb. 2, 2007
PACER
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64
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ACKNOWLEDGMENT OF SERVICE. Shawn Ricker served on 1/25/2007, answer due 2/14/2007. Service was accepted by John Payne. Document filed by Michael Brown. (Rosenfeld, Katherine) (Entered: 02/05/2007)
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Feb. 5, 2007
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Feb. 5, 2007
PACER
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65
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Plaintiff's motion for attorney's fees.. Referred to Magistrate Judge Theodore H. Katz. Plaintiff Eddie Wise's time to file his motion for attorney's fees was extended to March 15, 2007 Defendants opposition is due April 15, any reply is due May 1. (Signed by Judge Shira A. Scheindlin on 2/13/07) (js) (Entered: 02/14/2007)
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Feb. 13, 2007
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Feb. 13, 2007
PACER
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66
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Katherine Rosenfeld dated 2/12/07 re: Request that the Court extend plaintiff Eddie Wise's time alloted under Fed. R. Civ. P. 54 (d)(2)(b) for bringing any motion for attorneys' fees until March 15, 2007 with defendants opposition due by April 15, 2007, and any reply be submitted May 1, 2007. This schedule would permit briefing of the fees motion without impining on the time alloted for either side's submissions to this Court on the pending class certification motion. ENDORSEMENT: So Ordered. (Signed by Judge Shira A. Scheindlin on 2/13/07) (js) (Entered: 02/14/2007)
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Feb. 13, 2007
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Feb. 13, 2007
PACER
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67
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Attorneys' Fees. Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge Shira A. Scheindlin on 2/8/07) (ae) (Entered: 02/14/2007)
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Feb. 13, 2007
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Feb. 13, 2007
PACER
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Set Deadlines/Hearings: Responses due by 4/15/2007 (js)
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Feb. 13, 2007
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Feb. 13, 2007
PACER
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68
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TRANSCRIPT of proceedings held on 1/9/2007 before Judge Shira A. Scheindlin. (jsa) (Entered: 02/28/2007)
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Feb. 28, 2007
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Feb. 28, 2007
PACER
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69
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ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Katherine Rosenfeld dated 3/1/2007 re: to we hope to avoid burdening this Court with any motion practice on this issue. However, the parties have reached a stalemate with respect to this fee dispute. We believe that a conference with Your Honor would be extremely useful to assist the parties in negotiation a resolution. For these reasons, we respectfully request that the Court:(1)schedule a conference with the parties in an attempt to resolve the parties' fee dispute without formal motion practice; and (2) in light of the requested conference, extend plaintiff's time to file motion for attorneys' fees until May 15,2007. The conference is to take place on March 21st. Any response to be filed by June 11,2007 Any reply by June 20,2007.Responses due by 6/11/2007.,Replies due by 6/20/2007. SO ORDERED. (Signed by Judge Theodore H. Katz on 3/12/2007) (jmi) (Entered: 03/13/2007)
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March 12, 2007
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March 12, 2007
PACER
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70
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TRANSCRIPT of proceedings held on 2/8/07 before Judge Shira A. Scheindlin. (jbe) (Entered: 03/13/2007)
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March 13, 2007
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March 13, 2007
PACER
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71
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Rachel A. Seligman dated 3/12/07 re: Accordingly, defendants request an enlargement of time from March 15, 2007 until May 1, 2007 to serve their opposition to plaintiff's motion for class certification and motion to amend. ENDORSEMENT: Defendants' request for an extension to May 1, 2007 is DENIED. Defendants are granted a four week extension to serve their opposition to plaintiff's motion for class certification. Accordingly, defendants shall file their opposition by April 16, 2007 and plaintiff shall file its reply by April 27, 2007. No further adjournments will be granted. So Ordered. (Signed by Judge Shira A. Scheindlin on 3/13/07) (js) (Entered: 03/14/2007)
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March 13, 2007
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March 13, 2007
PACER
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Set Deadlines/Hearings: Replies due by 4/27/2007.,Responses due by 4/16/2007 (js)
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March 13, 2007
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March 13, 2007
PACER
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72
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Katherine Rosenfeld dated 3/14/07 re: Request for an extension of time for plaintiff's to file reply papers until May 7, 2007. ENDORSEMENT: request GRANTED. Plaintiff's time to reply is extended to and including May 7, 2007. So Ordered (Signed by Judge Shira A. Scheindlin on 3/14/07) (js) (Entered: 03/15/2007)
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March 14, 2007
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March 14, 2007
PACER
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Set Deadlines/Hearings: Replies due by 5/7/2007. (js)
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March 14, 2007
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March 14, 2007
PACER
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73
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TRANSCRIPT of proceedings held on 3/2/2007 at 4:40 p.m. before Judge Shira A. Scheindlin. (mbe) (Entered: 03/15/2007)
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March 15, 2007
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March 15, 2007
PACER
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74
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STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Shira A. Scheindlin on 3/15/07) (cd) (Entered: 03/16/2007)
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March 15, 2007
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March 15, 2007
PACER
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75
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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Rachel A. Selgman dated 3/15/07 re: We request that the April 16, 2007, due date for defendants opposition for class certification be extended to April 27, 2007, and plaintiff's time for reply be extended from May 7, 2007, to May 11, 2007. ENDORSEMENT: This Court previously informed Defendants that no further extensions of their time to oppose plaintiffs' class certification motion would be granted. Defendants request is DENIED. (Signed by Judge Shira A. Scheindlin on 3/16/07) (js) (Entered: 03/19/2007)
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March 16, 2007
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March 16, 2007
PACER
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Minute Entry for proceedings held before Judge Theodore H. Katz : Settlement Conference held on 3/21/2007. (cd)
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March 21, 2007
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March 21, 2007
PACER
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76
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FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Comply Plaintiff's Motion for Contempt. Document filed by Michael Brown(On behalf of himself and others similarly situated).Motions referred to Theodore H. Katz. (Attachments: # 1 Exhibit # 2 Affidavit Smyth Declaration ISO Motion# 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Memo of Law Part 1# 7 Memo of Law Part 2# 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit # 17 Exhibit # 18 Exhibit # 19 Exhibit # 20 Exhibit # 21 Exhibit)(Rosenfeld, Katherine) Modified on 3/26/2007 (KA). (Entered: 03/23/2007)
2 Exhibit
View on PACER
3 Affidavit Smyth Declaration ISO Motion
View on PACER
4 Exhibit
View on PACER
5 Exhibit
View on PACER
6 Exhibit
View on PACER
7 Memo of Law Part 1
View on PACER
8 Memo of Law Part 2
View on PACER
9 Exhibit
View on PACER
10 Exhibit
View on PACER
11 Exhibit
View on PACER
12 Exhibit
View on PACER
13 Exhibit
View on PACER
14 Exhibit
View on PACER
15 Exhibit
View on PACER
16 Exhibit
View on PACER
17 Exhibit
View on PACER
18 Exhibit
View on PACER
19 Exhibit
View on PACER
20 Exhibit
View on PACER
21 Exhibit
View on PACER
22 Exhibit
View on PACER
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March 23, 2007
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March 23, 2007
PACER
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Katherine R. Rosenfeld to RE-FILE Document 76 FIRST MOTION to Comply Plaintiff's Motion for Contempt.. ERROR(S): Filing Error of Supporting Documents. Supporting Documents must be filed individually. Event codes located under Replies, Opposition and Supporting Documents. (KA)
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March 26, 2007
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March 26, 2007
PACER
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77
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ORDER; that Plaintiffs Edgar Turner, Llewellyn Rudy, Bobby Wells, Xavier Grant, Keith Anderson, and Michael L. Brown, shall be compelled to apepar for their depositions at the Office of the Corporation Counsel, 100 Church Street, New York, NY 10007, in accordance w/ the schedule as set forth in this Order. (Signed by Judge Shira A. Scheindlin on 3/26/07) (ae) (Entered: 03/28/2007)
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March 27, 2007
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March 27, 2007
PACER
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82
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ORDER plaintiffs Edgard Turner, Llewellyn Rudy, Bobby Wells, Xavier Grant, Keith Anderson, and Michael L. Brown be compelled to appear for their depositions at the Offices of the Corporation Counsel, 100 Church Street, in accordance with the following schedule, agreed upon by the parties and confirmed by plaintiffs' counsel: Llewallyn Rudy: 3/27/07, Michael L. Brown: 3/28/07, Bobby Wells 3/29/07, Xavier Grant: 3/29/07, Keith Anderson: 3/30/07, Edgar Turner: 4/4/07. (Signed by Judge Shira A. Scheindlin on 3/26/07) (jco) (Entered: 03/30/2007)
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March 27, 2007
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March 27, 2007
PACER
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78
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FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Comply Plaintiff's Motion for Contempt. Document filed by Michael Brown(On behalf of himself and others similarly situated).Motions referred to Theodore H. Katz. (Attachments: # 1 Affidavit Affirmation of McGregor Smythe# 2 Exhibit Exhibit A# 3 Exhibit Exhibit B# 4 Exhibit Exhibit C# 5 Exhibit Exhibit D# 6 Exhibit Exhibit E# 7 Exhibit # 8 Exhibit Exhibit G# 9 Exhibit Exhibit H# 10 Exhibit Exhibit I# 11 Exhibit Exhibit J# 12 Exhibit Exhibit K# 13 Exhibit Exhibit K# 14 Exhibit Exhibit M# 15 Exhibit Exhibit N# 16 Exhibit Exhibit O# 17 Exhibit Exhibit P# 18 Exhibit Exhibit Q)(Rosenfeld, Katherine) Modified on 3/30/2007 (KA). (Entered: 03/29/2007)
2 Affidavit Affirmation of McGregor Smythe
View on PACER
3 Exhibit Exhibit A
View on PACER
4 Exhibit Exhibit B
View on PACER
5 Exhibit Exhibit C
View on PACER
6 Exhibit Exhibit D
View on PACER
7 Exhibit Exhibit E
View on PACER
8 Exhibit
View on PACER
9 Exhibit Exhibit G
View on PACER
10 Exhibit Exhibit H
View on PACER
11 Exhibit Exhibit I
View on PACER
12 Exhibit Exhibit J
View on PACER
13 Exhibit Exhibit K
View on PACER
14 Exhibit Exhibit K
View on PACER
15 Exhibit Exhibit M
View on PACER
16 Exhibit Exhibit N
View on PACER
17 Exhibit Exhibit O
View on PACER
18 Exhibit Exhibit P
View on PACER
19 Exhibit Exhibit Q
View on PACER
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March 29, 2007
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March 29, 2007
RECAP
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79
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FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - FIRST BRIEF re: 78 FIRST MOTION to Comply Plaintiff's Motion for Contempt. (Memorandum of Law in Support of Motion for Contempt). Document filed by Michael Brown(On behalf of himself and others similarly situated).(Rosenfeld, Katherine) Modified on 3/30/2007 (KA). (Entered: 03/29/2007)
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March 29, 2007
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March 29, 2007
PACER
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80
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AFFIDAVIT of McGregor Smythe in Support re: 78 FIRST MOTION to Comply Plaintiff's Motion for Contempt.. Document filed by Michael Brown(On behalf of himself and others similarly situated). (Rosenfeld, Katherine) (Entered: 03/30/2007)
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March 30, 2007
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March 30, 2007
PACER
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81
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FIRST MEMORANDUM OF LAW in Support re: 78 FIRST MOTION to Comply Plaintiff's Motion for Contempt.. Document filed by Michael Brown(On behalf of himself and others similarly situated). (Rosenfeld, Katherine) (Entered: 03/30/2007)
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March 30, 2007
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March 30, 2007
PACER
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Katherine R. Rosenfeld to RE-FILE Document 78 FIRST MOTION to Comply Plaintiff's Motion for Contempt. ERROR(S): Filing Error of Supporting Declaration. Supporting Declaration must be filed individually. Event code located under Replies, Opposition and Supporting Documents. (KA) Modified on 3/30/2007 (KA).
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March 30, 2007
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March 30, 2007
PACER
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