Case: Brown v. Kelly

1:05-cv-05442 | U.S. District Court for the Southern District of New York

Filed Date: June 9, 2005

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On June 9, 2005, a resident of New York City who had been arrested and charged under NY Penal Law § 240.35(1) for engaging in peaceful begging, filed this lawsuit in the Southern District of New York on behalf of himself and others similarly situated. The plaintiff sued the City of New York, the New York City Police Department, the Bronx District Attorney’s office, and three state defendants--the Chief Judge of the New York State Court of Appeals, the Chief Administrative Judge of the New York …

On June 9, 2005, a resident of New York City who had been arrested and charged under NY Penal Law § 240.35(1) for engaging in peaceful begging, filed this lawsuit in the Southern District of New York on behalf of himself and others similarly situated. The plaintiff sued the City of New York, the New York City Police Department, the Bronx District Attorney’s office, and three state defendants--the Chief Judge of the New York State Court of Appeals, the Chief Administrative Judge of the New York Unified Court system, and the Commissioner of the New York State Division of Criminal Justice Services--under 42 U.S.C. § 1983. Represented by The Bronx Defenders and private counsel, the plaintiff alleged that the continued enforcement of statute 240.35(1) was a violation of his rights under the First, Fourth, Fifth, and Fourteenth Amendments of the US Constitution. The plaintiff sought injunctive and declaratory relief to end enforcement of § 240.35(1), as well as money damages for those wrongly arrested and prosecuted under the law.

Section 240.35(1) provided that a person is guilty of loitering when he “loiters, remains or wanders about in a public place for the purpose of begging.” In 1993, the Second Circuit declared this section of the law unconstitutional on First Amendment grounds. See Loper v. New York City Police Dept., 999 F.2d 699 (2d Cir. 1993).

On June 9, 2005, the case was assigned to Judge Shira A. Scheindlin. On June 23, 2005, Judge Scheindlin entered an order enforcing a stipulation by the individual city defendants agreed agreed to cease enforcement of § 240.35(1), dismiss all charges and summonses pending under the law, release those in custody solely for violating the law, and vacate all warrants relating to charges under it.

The remaining parties began discovery in 2006. On November 22, 2006 the Judge Scheindlin granted the plaintiff leave to amend the complaint. The original named plaintiff in the case had accepted the defendants' offer of judgment made on November 9, 2006. Prior to releasing his claims against the defendants, the plaintiff amended the complaint to add new named plaintiff and putative class representative. The first amended complaint was filed on November 27, 2006.

On December 5, 2006, the court entered judgment in favor of the first named plaintiff according to the defendants' offer of judgment. The defendants agreed to pay the named plaintiff $100,001 plus reasonable attorneys' fees accrued to that date. The first named plaintiff's claims were thus released, though negotiation of attorneys' fees continued between him and the defendants until they were resolved, in the amount of $280,388.28 in February 2008. The case proceeded with the new named plaintiff.

While this was occurring, there were concerns about the defendants' compliance with the court's order of June 23, 2005 that had directed the defendants once and for all to cease enforcing § 240.35(1). In light of the defendants' continuing failure to comply with court orders, the plaintiff requested leave to a file a contempt motion against the defendants on November 9, 2006. At a pre-motion conference held on November 29, 2006, the defendants promised to undertake a plan of action that would curb the continued enforcement of § 240.35(1). In reliance upon defendants' assurances that plaintiff was going to get the necessary relief, the Court denied plaintiff's request to move for a judgment of contempt.

Soon thereafter, the Court entered an order on December 14, 2006 directing the defendants to take the additional remedial steps they had promised in order to halt the unconstitutional enforcement of § 240.35(1). These steps included sending letters to offending officers after they improperly issued a summons for a violation of § 240.35(1), warning officers that future enforcement of § 240.35(1) may lead to disciplinary action against them, and providing members of the NYPD with additional training to reinforce that § 240.35(1) was unconstitutional and not to be enforced.

On February 2, 2007, the plaintiff moved to certify class and amend the complaint. The plaintiff sought certification of the following classes: 1) a plaintiff class consisting of "all persons who have been or will be arrested, charged, or prosecuted for a violation of § 240.35(1) in the State of New York from October 7, 1992 onward;" 2) a plaintiff subclass of "all persons arrested, charged, or prosecuted for a violation of § 240.35(1) by employees, agents, or representatives of New York City from October 7, 1992 onward;" and 3) a defendant class of "all political sub-divisions and all law enforcement/prosecutorial policy-making officials in the State of New York with authority to arrest, charge, or prosecute a person with a violation under New York Penal Law." The proposed second amended class action complaint included five additional named plaintiffs. The parties engaged in discovery with respect to class certification, and reached a discovery dispute regarding production of the putative class representatives' medical records and other records reflecting any other disabilities (drug treatment records, social security records, etc.). Judge Scheindlin granted the plaintiff's motion for a protective order on April 16, 2007. 2007 WL 1138877.

On February 26, 2007, the plaintiff informed the court that the December 14, 2006 order, an additional 23 unlawful bench warrants and 96 unlawful summonses had been issued to New Yorkers between November 1, 2006 and February 21, 2007. In light of this new information, the Court granted the plaintiffs leave to file a motion for a judgment of civil contempt and the imposition of coercive sanctions against the defendants.

The motion outlined the continued unlawful enforcement of the statue: despite the clear command of the June 23, 2015 order, from July 2005 to January 2007, NYPD officers issued 772 summonses under § 240.35(1). From January 2007 through March 2007, members of the NYPD issued summonses under the statute at a rate of approximately one every other day. Since the June 23, 2005 order, the NYPD issued 51 arrests under the statute following the June 23, 2015 order, and the New York City District Attorneys' offices brought 55 prosecutions under the statute.

The court denied the plaintiffs' motion for a judgment of civil contempt on May 31, 2007. Judge Scheindlin's opinion found that there was “no question that for a long period of time, from approximately July 2005 to December 2006, Defendants were in contempt of this Court’s June 23, 2005 Order.” 2007 WL 1573957, at *3. However, she found that during December 2006, the defendants had “turned their behavior around,” and while “this came approximately seventeen months late," punitive civil sanctions would “serve no purpose” in light of the defendants’ recent efforts to comply. Id. at *4-5. She stated that as the problem with continuing enforcement is that some individual patrol officers have “yet to grasp the idea,” the sanctions the plaintiffs requested would be “more of a fine than a deterrent” and would not likely prevent one of the outliers from issuing an unlawful summons. Id. at *5. Despite declining to issue a judgment of contempt, the court expressed its commitment to monitoring the issue and awarded the plaintiff attorney’s fees in acknowledgment of the role that the plaintiffs' persistence and the “threat of contempt” played in changing the defendants’ behavior:

The steady rate of unlawful enforcement of section 240.35(1) that has persisted for almost thirteen years after Loper is simply unacceptable. Defendants' long-standing apathy towards this problem was offensive. Nevertheless, the Court is convinced that defendants have made avoiding contempt a top priority and are now striving to fully comply with the June 23, 2005 Order. Certainly, this includes treating the issuance of a single summons under section 240.35(1) as a serious problem deserving urgent attention. To this end, the Court is prepared to revisit the issue of defendants' diligence every two months, until every outstanding bench warrant has been vacated and no more summonses for violations of an unconstitutional statute are issued . . .

Until December 2006, defendants' failure to comply was unreasonable and harmful; but for plaintiff's persistence in monitoring and investigating the continued enforcement of section 240.35(1), defendants' noncompliance would have continued indefinitely. It is also clear from the record that but for the specter of contempt—precipitated by plaintiff's repeated request to file this motion—defendants would not have taken the actions that saved them from coercive sanctions. Plaintiff is thus entitled to reasonable costs and attorneys' fees for its efforts with respect to this motion.

Id. at *6.

On July 24, 2007, the court certified class, granting the plaintiffs' motion for certification of the state-wide injunctive class, the city-wide damages subclass, and the state-wide defendant class. 244 F.R.D. 222. The court also granted leave to amend the complaint. The second amended class action complaint added the six additional named plaintiffs and class representatives, added nine individual police officer defendants, supplemented the allegations against the defendants, and added a cause of action for violations of the Equal Protection Clause of the U.S. Constitution. The defendants appealed the district court's order granting the plaintiffs' motion for class certification to the United States Court of Appeals for the Second Circuit.

The named plaintiff was awarded attorney's fees in February 2008 on the motion for contempt in the amounts of $48,741. 620 F.Supp.2d 435. In June 2009, Judge Scheindlin ordered the City to release all records of those who were arrested/summonsed/charged under § 240.35(1).

On March 11, 2008, Judge Scheindlin accepted the case Casale v. Kelly (08-cv-02173-SAS) as related to this lawsuit. The plaintiffs in Casale v. Kelly filed a putative class action complaint against the city for continuing to enforce loitering statutes § 240.35(3) and (7), after both were declared unconstitutional. These provisions dealt with loitering for the purpose of engaging in sexual conduct and loitering in a transportation facility without sufficient reason.

In an opinion issued jointly in this case and Casale v. Kelly on April 26, 2010, Judge Scheindlin held the City in contempt of court for failing to cooperate in ceasing the enforcement of § 240.35(1), (3), and (7):

The City of New York, operating principally through the New York City Police Department (“NYPD”), has continuously enforced three unconstitutional loitering statutes for decades following judicial invalidation of those laws and despite numerous court orders to the contrary. While arrests, summonses, and prosecutions under the void statutes generally have diminished over time, the City’s description of its anti-enforcement efforts as “reasonably diligent and energetic” simply does not comport with reality. Over time, the City has implemented a variety of measures to half enforcement of the statutes. However, the City has done little on its own initiative or with reasonable conviction and speed to end the illegal enforcement; indeed, the City has actively dragged its feet. Year after year, the Court and plaintiffs have pushed and prodded the City into meaningful action. The City’s obstinance and uncooperativeness throughout the present actions is offensive to the rule of law. The human toll, of course, has been borne by the tens of thousands of individuals who have, at once, had their constitutional rights violated and been swept into the penal system. More disturbing still, it appears that the laws—which target panhandling, remaining in a bus or train station, and “cruising” for sex—have been enforced particularly against the poor and gay men.
710 F.Supp.2d 347, 350.

The order subjected the City to a system of sanctions in which each future enforcement of the void laws would result in a progressively higher fine (beginning at $500). Finding that the contempt citation and monetary sanction should "furnish sufficient incentive" for the City not to enforce the statutes, the court denied the plaintiffs' request for a preliminary injunction that had accompanied their second motion for civil contempt on December 23, 2009. On July 7, 2010, the plaintiffs were awarded attorney's fees in connection with the second motion for civil contempt in the amount of $175,000.

On June 24, 2010, the Second Circuit (Judges Robert D. Sack and Robert A. Katzmann) affirmed the district court's July 24, 2007 certification of the city-wide plaintiff class, but vacated and remanded the certification of the state-wide plaintiff and defendant classes, finding that the district court abused its discretion in certifying those classes. 609 F.3d 467 (2d Cir. 2010).

The parties began settlement discussions in July 2010. On July 30, 2010, the New York State Legislature repealed N.Y. Penal Law §§ 240.35(1), (3), and (7). A stipulation and order of settlement between the parties in this case and in Casale v. Kelly was entered on February 6, 2012. The settlement agreement created a $15 million class fund for those who were arrested, charged, or summonsed under the three void sections of the loitering statute. The fund also included attorney's fees and $25,000 to each of the named plaintiffs for services provided to the class. The City was also to vacate, dismiss, and seal all cases charging the statutes and to take continuing measures to cease the statutes' enforcement, including continuing to train police officers on the matter and investigating any attempt to charge the statutes. The settlement agreement was to be in effect and under the court's jurisdiction for two years following the effective date. Following a fairness hearing, the court entered final approval of the settlement agreement on December 21, 2012.

On July 29, 2011, Judge Scheindlin accepted the case Long v. The City of New York as related to this action. The plaintiff in that case was an individual who begged in Times Square holding a sign that said, "Help! I Need Money for Weed!". He was arrested by the NYPD on multiple occasions under the same loitering statute, NY Penal Law § 240.35(1), and sued the City under 42 U.S.C. § 1983. The case settled for $45,000 and $85,000 in attorney's fees.

A final judgment was entered in this case on January 3, 2012. Late claimants continued to seek settlement funds based on good cause through 2014. In April 2015, the remaining $160,000 in the Class Fund was given to four non-profit organizations dealing with issues of homelessness.

The case is now closed.

Summary Authors

Dan Hofman (1/28/2016)

Sarah McDonald (8/16/2018)

Related Cases

Casale v. Kelly, Southern District of New York (2008)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4328739/parties/wise-v-kelly/


Judge(s)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Kovel, Mariana Louise (New York)

Rosenfeld, Katherine (New York)

Smyth, J. McGregor Jr. (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Connell, Monica Anne (New York)

Seligman, Rachel Amy (New York)

Judge(s)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Kovel, Mariana Louise (New York)

Rosenfeld, Katherine (New York)

Smyth, J. McGregor Jr. (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Connell, Monica Anne (New York)

Seligman, Rachel Amy (New York)

Documents in the Clearinghouse

Document

1:05-cv-05442

Docket [PACER]

Wise v. Kelly

April 23, 2015

April 23, 2015

Docket
1

1:05-cv-05442

Class Action Complaint

Wise v. Kelly

June 9, 2005

June 9, 2005

Complaint
5

1:05-cv-05442

Stipulation and Order

Wise v. Kelly

June 24, 2005

June 24, 2005

Order/Opinion
51

1:05-cv-05442

Opinion - damages to Wise

Wise v. Kelly

Dec. 5, 2006

Dec. 5, 2006

Order/Opinion
54

1:05-cv-05442

Order [Police Reforms]

Wise v. Kelly

Dec. 14, 2006

Dec. 14, 2006

Order/Opinion
63-3

1:05-cv-05442

Second Amended Complaint

Feb. 2, 2007

Feb. 2, 2007

Complaint
88

1:05-cv-05442

Order - denial of request for more med docs

Wise v. Kelly

2007 WL 1138877

April 16, 2007

April 16, 2007

Order/Opinion
97

1:05-cv-05442

Denial of contempt of court

2007 WL 1573957

May 31, 2007

May 31, 2007

Order/Opinion
112

1:05-cv-05442

Order [Class Certification]

244 F.R.D. 222

July 24, 2007

July 24, 2007

Order/Opinion
147

1:05-cv-05442

1:08-cv-02173

Opinion and Order

Brown v. Kelly, Casale v. Kelly

710 F.Supp.2d 347

April 26, 2010

April 26, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4328739/wise-v-kelly/

Last updated Aug. 6, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

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)

1

View on RECAP

June 9, 2005

June 9, 2005

RECAP

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, )

June 9, 2005

June 9, 2005

PACER

CASE REFERRED TO Judge Robert W. Sweet as possibly similar to 1:90-cv-7546. (laq, )

June 9, 2005

June 9, 2005

PACER

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, )

June 9, 2005

June 9, 2005

PACER

Magistrate Judge Theodore H. Katz is so designated. (laq, )

June 9, 2005

June 9, 2005

PACER
6

NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned no longer assigned to the case. (laq, ) (Entered: 06/28/2005)

June 9, 2005

June 9, 2005

PACER

Case Designated ECF. (gf, )

June 9, 2005

June 9, 2005

PACER
2

TRANSCRIPT of proceedings held on 6/10/05 @ 11:15 a.m. before Judge Shira A. Scheindlin. (kco, ) (Entered: 06/20/2005)

June 20, 2005

June 20, 2005

PACER
8

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)

June 21, 2005

June 21, 2005

RECAP
3

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)

June 22, 2005

June 22, 2005

PACER
4

NOTICE of Appearance by Katherine R. Rosenfeld on behalf of all plaintiffs (Rosenfeld, Katherine) (Entered: 06/22/2005)

June 22, 2005

June 22, 2005

PACER
5

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)

June 24, 2005

June 24, 2005

PACER
7

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)

June 25, 2005

June 25, 2005

RECAP

Mailed notice to the attorney(s) of record. (laq, )

June 28, 2005

June 28, 2005

PACER
9

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)

July 1, 2005

July 1, 2005

RECAP
10

NOTICE of Appearance by Monica Anne Connell on behalf of Judith Kaye, Judith Kaye (Connell, Monica) (Entered: 07/06/2005)

July 6, 2005

July 6, 2005

PACER
11

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)

July 6, 2005

July 6, 2005

PACER
12

NOTICE of Appearance by Matthew C. Brinckerhoff on behalf of all plaintiffs (Brinckerhoff, Matthew) (Entered: 07/07/2005)

July 7, 2005

July 7, 2005

PACER
13

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)

July 7, 2005

July 7, 2005

PACER
14

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)

July 7, 2005

July 7, 2005

PACER
15

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)

July 7, 2005

July 7, 2005

PACER
16

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)

July 7, 2005

July 7, 2005

PACER
17

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)

July 7, 2005

July 7, 2005

PACER
18

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)

July 7, 2005

July 7, 2005

PACER
19

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)

July 7, 2005

July 7, 2005

PACER

Set/Reset Deadlines: Motion to dismiss due by 7/29/2005. (jp, )

July 20, 2005

July 20, 2005

PACER
20

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)

July 21, 2005

July 21, 2005

PACER
21

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)

July 27, 2005

July 27, 2005

PACER
22

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)

July 27, 2005

July 27, 2005

PACER
23

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)

July 27, 2005

July 27, 2005

PACER
24

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)

July 29, 2005

July 29, 2005

PACER
25

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)

Aug. 18, 2005

Aug. 18, 2005

PACER
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)). 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

Aug. 19, 2005

Aug. 19, 2005

RECAP
27

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)

Aug. 19, 2005

Aug. 19, 2005

RECAP
28

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)

Sept. 9, 2005

Sept. 9, 2005

PACER
29

ANSWER to Complaint with JURY DEMAND. Document filed by City of New York, Robert Johnson, Raymond W. Kelly.(Seligman, Rachel) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

RECAP
30

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)

Sept. 19, 2005

Sept. 19, 2005

PACER
31

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)

Sept. 19, 2005

Sept. 19, 2005

PACER

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, )

Sept. 19, 2005

Sept. 19, 2005

PACER
32

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)

Sept. 28, 2005

Sept. 28, 2005

PACER
33

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)

Sept. 29, 2005

Sept. 29, 2005

PACER
34

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)

Oct. 6, 2005

Oct. 6, 2005

RECAP
35

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)

Jan. 17, 2006

Jan. 17, 2006

PACER
36

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)

Jan. 17, 2006

Jan. 17, 2006

PACER
37

TRANSCRIPT of proceedings held on 02/17/06 before Judge Shira A. Scheindlin. (es, ) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

PACER
38

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)

March 9, 2006

March 9, 2006

PACER
39

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)

March 9, 2006

March 9, 2006

PACER
40

TRANSCRIPT of proceedings held on 3/23/06 @ 10:15 a.m. before Judge Shira A. Scheindlin. (kco, ) (Entered: 03/28/2006)

March 28, 2006

March 28, 2006

PACER
41

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)

April 11, 2006

April 11, 2006

PACER
42

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)

April 12, 2006

April 12, 2006

PACER
43

TRANSCRIPT of proceedings held on 4/10/2006 before Judge Shira A. Scheindlin. (jar, ) (Entered: 04/27/2006)

April 27, 2006

April 27, 2006

PACER
44

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)

June 21, 2006

June 21, 2006

PACER
45

TRANSCRIPT of proceedings held on 6/19/06 before Judge Shira A. Scheindlin. (tro, ) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
46

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)

Sept. 22, 2006

Sept. 22, 2006

PACER
47

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)

Oct. 26, 2006

Oct. 26, 2006

PACER

Set/Reset Hearings: Status Conference set for 11/22/2006 04:30 PM before Judge Shira A. Scheindlin. (lb, )

Oct. 26, 2006

Oct. 26, 2006

PACER
48

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)

Nov. 7, 2006

Nov. 7, 2006

PACER
49

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)

Nov. 22, 2006

Nov. 22, 2006

PACER
50

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)

Nov. 27, 2006

Nov. 27, 2006

PACER
51

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

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Dec. 5, 2006

Dec. 5, 2006

PACER
52

TRANSCRIPT of proceedings held on 11/29/06 before Judge Shira A. Scheindlin. (jbe, ) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

PACER
53

TRANSCRIPT of proceedings held on 11/20/2006 before Judge Shira A. Scheindlin. (aba, ) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

PACER
54

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)

Dec. 14, 2006

Dec. 14, 2006

PACER
55

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)

Dec. 19, 2006

Dec. 19, 2006

PACER

Set/Reset Deadlines: Motions due by 2/15/2007. (db, )

Dec. 19, 2006

Dec. 19, 2006

PACER
56

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)

Dec. 28, 2006

Dec. 28, 2006

PACER
57

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)

Dec. 28, 2006

Dec. 28, 2006

PACER

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, )

Dec. 28, 2006

Dec. 28, 2006

PACER
58

TRANSCRIPT of proceedings held on 12/6/06 before Judge Shira A. Scheindlin. (tro) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

PACER
59

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)

Jan. 19, 2007

Jan. 19, 2007

PACER
60

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)

Jan. 25, 2007

Jan. 25, 2007

PACER
61

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)

Jan. 26, 2007

Jan. 26, 2007

PACER
62

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

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Feb. 1, 2007

Feb. 1, 2007

PACER

***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)

Feb. 2, 2007

Feb. 2, 2007

PACER
63

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

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3 Exhibit Ex A: Second Amended Complaint

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4 Exhibit Ex. B: Stipulation and Order

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5 Supplement Memorandum of Law

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Feb. 2, 2007

Feb. 2, 2007

PACER
64

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)

Feb. 5, 2007

Feb. 5, 2007

PACER
65

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)

Feb. 13, 2007

Feb. 13, 2007

PACER
66

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)

Feb. 13, 2007

Feb. 13, 2007

PACER

Set Deadlines/Hearings: Responses due by 4/15/2007 (js)

Feb. 13, 2007

Feb. 13, 2007

PACER
67

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)

Feb. 13, 2007

Feb. 13, 2007

PACER
68

TRANSCRIPT of proceedings held on 1/9/2007 before Judge Shira A. Scheindlin. (jsa) (Entered: 02/28/2007)

Feb. 28, 2007

Feb. 28, 2007

PACER
69

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)

March 12, 2007

March 12, 2007

PACER
70

TRANSCRIPT of proceedings held on 2/8/07 before Judge Shira A. Scheindlin. (jbe) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

PACER
71

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)

March 13, 2007

March 13, 2007

PACER

Set Deadlines/Hearings: Replies due by 4/27/2007.,Responses due by 4/16/2007 (js)

March 13, 2007

March 13, 2007

PACER
72

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)

March 14, 2007

March 14, 2007

PACER

Set Deadlines/Hearings: Replies due by 5/7/2007. (js)

March 14, 2007

March 14, 2007

PACER
73

TRANSCRIPT of proceedings held on 3/2/2007 at 4:40 p.m. before Judge Shira A. Scheindlin. (mbe) (Entered: 03/15/2007)

March 15, 2007

March 15, 2007

PACER
74

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)

March 15, 2007

March 15, 2007

PACER
75

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)

March 16, 2007

March 16, 2007

PACER

Minute Entry for proceedings held before Judge Theodore H. Katz : Settlement Conference held on 3/21/2007. (cd)

March 21, 2007

March 21, 2007

PACER
76

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

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3 Affidavit Smyth Declaration ISO Motion

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Memo of Law Part 1

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8 Memo of Law Part 2

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9 Exhibit

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10 Exhibit

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11 Exhibit

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12 Exhibit

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13 Exhibit

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14 Exhibit

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15 Exhibit

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16 Exhibit

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17 Exhibit

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18 Exhibit

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19 Exhibit

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20 Exhibit

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21 Exhibit

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22 Exhibit

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March 23, 2007

March 23, 2007

PACER

***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)

March 26, 2007

March 26, 2007

PACER
77

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)

March 27, 2007

March 27, 2007

PACER
82

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)

March 27, 2007

March 27, 2007

PACER
78

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

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3 Exhibit Exhibit A

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4 Exhibit Exhibit B

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5 Exhibit Exhibit C

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6 Exhibit Exhibit D

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7 Exhibit Exhibit E

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8 Exhibit

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9 Exhibit Exhibit G

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10 Exhibit Exhibit H

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11 Exhibit Exhibit I

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12 Exhibit Exhibit J

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13 Exhibit Exhibit K

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14 Exhibit Exhibit K

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15 Exhibit Exhibit M

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16 Exhibit Exhibit N

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17 Exhibit Exhibit O

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18 Exhibit Exhibit P

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19 Exhibit Exhibit Q

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March 29, 2007

March 29, 2007

RECAP
79

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)

March 29, 2007

March 29, 2007

PACER

***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).

March 30, 2007

March 30, 2007

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Katherine R. Rosenfeld to RE-FILE Document 79 Brief. Use the document type Memorandum of Law in support of motion found under the document list Replies, Opposition and Supporting Documents. (KA)

March 30, 2007

March 30, 2007

PACER
80

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)

March 30, 2007

March 30, 2007

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: June 9, 2005

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Homeless NY residents engaged in peaceful begging who were arrested or prosecuted for loitering.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Bronx Defenders

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

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

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $15 million

Content of Injunction:

Monitoring

Training

Preliminary relief denied

Issues

General:

Failure to supervise

False arrest

Over/Unlawful Detention

Pattern or Practice