1
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COMPLAINT against Benny Santiago, The City of New York. (Filing Fee $ 350.00, Receipt Number 465401125691)Document filed by Jane Doe 2, Jane Doe 1.(rdz) (mps). (Entered: 05/20/2015)
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May 19, 2015
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May 19, 2015
RECAP
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Summons Issued
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May 19, 2015
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May 19, 2015
PACER
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SUMMONS ISSUED as to Benny Santiago, The City of New York. (rdz)
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May 19, 2015
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May 19, 2015
PACER
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Case Designation
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May 19, 2015
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May 19, 2015
PACER
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Magistrate Judge Kevin Nathaniel Fox is so designated. (rdz)
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May 19, 2015
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May 19, 2015
PACER
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Case Designated ECF
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May 19, 2015
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May 19, 2015
PACER
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Case Designated ECF. (rdz)
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May 19, 2015
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May 19, 2015
PACER
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2
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CIVIL COVER SHEET filed. (rdz) (mps). (Entered: 05/20/2015)
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May 19, 2015
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May 19, 2015
RECAP
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3
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AFFIDAVIT OF SERVICE of Summons and Complaint. The City of New York served on 5/19/2015, answer due 6/9/2015. Service was accepted by The City of New York Law Department, by Betty Mazyck, Service Window Clerk. Document filed by Jane Doe 2; Jane Doe 1. (Lowenthal, Mitchell) (Entered: 05/20/2015)
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May 20, 2015
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May 20, 2015
PACER
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4
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NOTICE OF APPEARANCE by Marlen Suyapa Bodden on behalf of Jane Doe 1. (Bodden, Marlen) (Entered: 05/21/2015)
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May 21, 2015
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May 21, 2015
PACER
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5
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AFFIDAVIT OF SERVICE of Summons and Complaint. Benny Santiago served on 5/26/2015, answer due 6/16/2015. Service was accepted by Jazmin Santiago, served in person, a person of suitable age and discretion, on May 23, 2015 and an additional service upon defendant was made by FIRST CLASS MAIL on May 26, 2015. Document filed by Jane Doe 2; Jane Doe 1. (Lowenthal, Mitchell) (Entered: 05/27/2015)
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May 27, 2015
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May 27, 2015
RECAP
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6
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NOTICE OF APPEARANCE by Danielle Posen Mindlin on behalf of Jane Doe 1, Jane Doe 2. (Mindlin, Danielle) (Entered: 06/05/2015)
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June 5, 2015
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June 5, 2015
PACER
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7
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FIRST LETTER MOTION for Extension of Time to File Answer or otherwise respond to the complaint addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated June 5, 2015. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 06/05/2015)
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June 5, 2015
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June 5, 2015
PACER
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8
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LETTER addressed to Judge Alvin K. Hellerstein from Danielle P. Mindlin dated June 8, 2015 re: in response to defendant the City of New York's June 6th letter concerning its time to respond to Plaintiffs complaint, etc.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1 and 2)(Mindlin, Danielle) (Entered: 06/08/2015)
1 Exhibits 1 and 2
View on PACER
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June 8, 2015
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June 8, 2015
PACER
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9
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ORDER granting in part 7 Letter Motion for Extension of Time to Answer re 1 Complaint. A status conf. will be held July 10, 2015, 10:30 a.m. Time of def's to plead is enlarged until then, and as much further time as I then may order. The City of New York answer due 7/10/2015. (Signed by Judge Alvin K. Hellerstein on 6/9/2015) (kko) Modified on 6/12/2015 (kko). (Entered: 06/09/2015)
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June 9, 2015
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June 9, 2015
PACER
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Set/Reset Hearings
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June 9, 2015
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June 9, 2015
PACER
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Set/Reset Hearings: Status Conference set for 7/10/2015 at 10:30 AM before Judge Alvin K. Hellerstein. (kko)
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June 9, 2015
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June 9, 2015
PACER
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10
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NOTICE OF APPEARANCE by Barbara Patricia Hamilton on behalf of Jane Doe 1, Jane Doe 2. (Hamilton, Barbara) (Entered: 06/19/2015)
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June 19, 2015
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June 19, 2015
PACER
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11
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NOTICE OF APPEARANCE by Julie Ann Ortiz on behalf of Benny Santiago. (Ortiz, Julie) (Entered: 06/29/2015)
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June 29, 2015
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June 29, 2015
PACER
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12
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FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Alvin K. Hellerstein from Julie A. Ortiz dated June 29, 2015. Document filed by Benny Santiago.(Ortiz, Julie) (Entered: 06/29/2015)
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June 29, 2015
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June 29, 2015
PACER
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13
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LETTER addressed to Judge Alvin K. Hellerstein from Danielle P. Mindlin dated June 30, 2015 re: in response to the letter filed June 29, 2015 by Defendant Benny Santiago concerning his time to respond to Plaintiffs' Complaint. Document filed by Jane Doe 1, Jane Doe 2.(Mindlin, Danielle) (Entered: 06/30/2015)
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June 30, 2015
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June 30, 2015
PACER
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14
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LETTER addressed to Judge Alvin K. Hellerstein from Julie A. Ortiz dated July 1, 2015 re: Response to Plaintiffs' Letter dated June 30, 2015. Document filed by Benny Santiago.(Ortiz, Julie) (Entered: 07/01/2015)
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July 1, 2015
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July 1, 2015
PACER
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15
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ORDER granting 12 Letter Motion for Extension of Time to Answer: The time of all def'ts to Answer is enlarged to July 17, 2015. The status conference set for July 10, 2015 is postponed to July 24, 2015, at 10:00 a.m. Counsel shall present at the conf. a discovery plan. All required disclosures shall have been produced before the conference. Benny Santiago answer due 7/17/2015; The City of New York answer due 7/17/2015. (Signed by Judge Alvin K. Hellerstein on 7/2/2015) (tn) (Entered: 07/02/2015)
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July 2, 2015
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July 2, 2015
PACER
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16
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NOTICE OF APPEARANCE by Josh Edward Anderson on behalf of Jane Doe 1, Jane Doe 2. (Anderson, Josh) (Entered: 07/16/2015)
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July 16, 2015
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July 16, 2015
PACER
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17
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ANSWER to 1 Complaint with JURY DEMAND. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 07/17/2015)
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July 17, 2015
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July 17, 2015
PACER
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18
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ANSWER to 1 Complaint., CROSSCLAIM against The City of New York. Document filed by Benny Santiago.(Ortiz, Julie) (Entered: 07/17/2015)
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July 17, 2015
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July 17, 2015
PACER
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19
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JOINT MOTION for Protective Order . Document filed by Jane Doe 1, Jane Doe 2, Benny Santiago, The City of New York.(Lowenthal, Mitchell) (Entered: 07/20/2015)
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July 20, 2015
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July 20, 2015
RECAP
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20
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DECLARATION of Danielle P. Mindlin, dated July 20, 2015 in Support re: 19 JOINT MOTION for Protective Order .. Document filed by Jane Doe 1, Jane Doe 2, Benny Santiago, The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Lowenthal, Mitchell) (Entered: 07/20/2015)
1 Exhibit 1
View on PACER
2 Exhibit 2
View on PACER
3 Exhibit 3
View on PACER
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July 20, 2015
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July 20, 2015
PACER
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21
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MEMORANDUM OF LAW in Support re: 19 JOINT MOTION for Protective Order . . Document filed by Jane Doe 1, Jane Doe 2, Benny Santiago, The City of New York. (Lowenthal, Mitchell) (Entered: 07/20/2015)
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July 20, 2015
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July 20, 2015
RECAP
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22
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ANSWER to 18 Crossclaim. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 07/28/2015)
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July 28, 2015
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July 28, 2015
PACER
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23
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SEALED DOCUMENT placed in vault.(mps) (Entered: 07/30/2015)
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July 30, 2015
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July 30, 2015
PACER
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24
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PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... Motions terminated: 19 JOINT MOTION for Protective Order filed by The City of New York, Benny Santiago, Jane Doe 1, Jane Doe 2. (Signed by Judge Alvin K. Hellerstein on 7/30/2015) (kko) (Entered: 07/30/2015)
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July 30, 2015
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July 30, 2015
PACER
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25
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CIVIL CASE MANAGEMENT PLAN: After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure. The case is to be tried to a jury. Amended Pleadings due by 4/1/2016. Joinder of Parties due by 4/1/2016. Deposition due by 7/1/2016. Non-Expert Discovery due by 7/1/2016. Case Management Conference set for 7/14/2016 at 10:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 7/30/2015) (kko) Modified on 7/30/2015 (kko). (Entered: 07/30/2015)
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July 30, 2015
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July 30, 2015
PACER
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26
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SEALED DOCUMENT placed in vault.(rz) (Entered: 08/20/2015)
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Aug. 20, 2015
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Aug. 20, 2015
PACER
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27
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MOTION to Certify Class and Appoint Class Counsel. Document filed by Jane Doe 1.(Lowenthal, Mitchell) (Entered: 10/09/2015)
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Oct. 9, 2015
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Oct. 9, 2015
PACER
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28
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MEMORANDUM OF LAW in Support re: 27 MOTION to Certify Class and Appoint Class Counsel. . Document filed by Jane Doe 1. (Lowenthal, Mitchell) (Entered: 10/09/2015)
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Oct. 9, 2015
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Oct. 9, 2015
RECAP
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29
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DECLARATION of Jane Doe 1, dated October 9, 2015, in Support re: 27 MOTION to Certify Class and Appoint Class Counsel.. Document filed by Jane Doe 1. (Lowenthal, Mitchell) (Entered: 10/09/2015)
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Oct. 9, 2015
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Oct. 9, 2015
PACER
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30
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DECLARATION of Jane Doe 2, dated October 6, 2015, in Support re: 27 MOTION to Certify Class and Appoint Class Counsel.. Document filed by Jane Doe 1. (Lowenthal, Mitchell) (Entered: 10/09/2015)
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Oct. 9, 2015
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Oct. 9, 2015
PACER
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31
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DECLARATION of Marlen S. Bodden, dated October 5, 2015, in Support re: 27 MOTION to Certify Class and Appoint Class Counsel.. Document filed by Jane Doe 1. (Lowenthal, Mitchell) (Entered: 10/09/2015)
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Oct. 9, 2015
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Oct. 9, 2015
RECAP
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32
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DECLARATION of Letitia James, Public Advocate for the City of New York in Support re: 27 MOTION to Certify Class and Appoint Class Counsel.. Document filed by Jane Doe 1. (Attachments: # 1 Exhibits 1-5)(Lowenthal, Mitchell) (Entered: 10/09/2015)
1 Exhibits 1-5
View on PACER
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Oct. 9, 2015
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Oct. 9, 2015
PACER
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33
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DECLARATION of Danielle P. Mindlin, dated October 9, 2015, in Support re: 27 MOTION to Certify Class and Appoint Class Counsel.. Document filed by Jane Doe 1. (Attachments: # 1 Exhibit 6, # 2 Exhibits 7-8)(Lowenthal, Mitchell) (Entered: 10/09/2015)
1 Exhibit 6
View on PACER
2 Exhibits 7-8
View on PACER
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Oct. 9, 2015
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Oct. 9, 2015
PACER
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34
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FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Certify Class and Appoint Class Counsel. on Consent addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated October 23, 2015. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 10/23/2015)
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Oct. 23, 2015
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Oct. 23, 2015
PACER
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35
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ORDER granting 34 Letter Motion for Extension of Time to File Response/Reply re 27 MOTION to Certify Class and Appoint Class Counsel: So Ordered. Responses due by 11/23/2015. (Signed by Judge Alvin K. Hellerstein on 11/4/2015) (tn) (Entered: 11/04/2015)
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Nov. 4, 2015
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Nov. 4, 2015
PACER
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36
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DECLARATION of Kimberly M. Joyce in Opposition re: 27 MOTION to Certify Class and Appoint Class Counsel.. Document filed by The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Joyce, Kimberly) (Entered: 11/23/2015)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
3 Exhibit C
View on PACER
4 Exhibit D
View on PACER
5 Exhibit E
View on PACER
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Nov. 23, 2015
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Nov. 23, 2015
PACER
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37
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MEMORANDUM OF LAW in Opposition re: 27 MOTION to Certify Class and Appoint Class Counsel. . Document filed by The City of New York. (Joyce, Kimberly) (Entered: 11/23/2015)
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Nov. 23, 2015
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Nov. 23, 2015
RECAP
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38
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MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015. Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) (Entered: 11/24/2015)
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Nov. 24, 2015
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Nov. 24, 2015
PACER
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39
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DECLARATION of Josh E. Anderson, dated November 23, 2015 in Support re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1-5 [REDACTED])(Lowenthal, Mitchell) (Entered: 11/24/2015)
1 *Restricted*
View on PACER
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Nov. 24, 2015
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Nov. 24, 2015
RECAP
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40
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MEMORANDUM OF LAW in Support re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015. . Document filed by Jane Doe 1, Jane Doe 2. (Lowenthal, Mitchell) (Entered: 11/24/2015)
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Nov. 24, 2015
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Nov. 24, 2015
PACER
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41
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MOTION to Seal Document /Notice of Motion to Seal Exhibit 5 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the Production of Documents Relating to Class Certification, dated November 23, 2015. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Text of Proposed Order)(Lowenthal, Mitchell) (Entered: 11/24/2015)
1 Text of Proposed Order
View on PACER
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Nov. 24, 2015
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Nov. 24, 2015
PACER
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42
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MEMORANDUM OF LAW in Support re: 41 MOTION to Seal Document /Notice of Motion to Seal Exhibit 5 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the Production of Documents Relating to Class Certification, dated November 23, 2015. . Document filed by Jane Doe 1, Jane Doe 2. (Lowenthal, Mitchell) (Entered: 11/24/2015)
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Nov. 24, 2015
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Nov. 24, 2015
PACER
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43
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MEMORANDUM OF LAW in Opposition re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015. . Document filed by The City of New York. (Joyce, Kimberly) (Entered: 12/01/2015)
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Dec. 1, 2015
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Dec. 1, 2015
PACER
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44
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DECLARATION of Sean Cussen in Opposition re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015.. Document filed by The City of New York. (Joyce, Kimberly) (Entered: 12/01/2015)
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Dec. 1, 2015
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Dec. 1, 2015
PACER
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45
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DECLARATION of Jennifer Sculco in Opposition re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015.. Document filed by The City of New York. (Joyce, Kimberly) (Entered: 12/01/2015)
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Dec. 1, 2015
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Dec. 1, 2015
PACER
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46
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LETTER RESPONSE to Motion addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated December 1, 2015 re: 41 MOTION to Seal Document /Notice of Motion to Seal Exhibit 5 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the Production of Documents Relating to Class Certification, dated November 23, 2015. . Document filed by The City of New York. (Joyce, Kimberly) (Entered: 12/01/2015)
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Dec. 1, 2015
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Dec. 1, 2015
PACER
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47
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ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Josh E. Anderson dated 12/2/2015 re: Plaintiffs respectfully request that this Court direct the Clerk of Court to freeze from public view the document currently available at ECF No. 39-1, and grant leave for Plaintiffs to re-file the Anderson Declaration with additional redactions. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 12/2/2015) (tn) (Entered: 12/02/2015)
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Dec. 2, 2015
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Dec. 2, 2015
PACER
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Transmission to Sealed Records Clerk
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Dec. 2, 2015
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Dec. 2, 2015
PACER
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Transmission to Sealed Records Clerk. Transmitted re: 47 Endorsed Letter, to the Sealed Records Clerk for the sealing or unsealing of document or case. (tn)
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Dec. 2, 2015
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Dec. 2, 2015
PACER
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48
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DECLARATION of Josh E. Anderson, dated December 2, 2015 in Support re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1 - 5 [REDACTED])(Lowenthal, Mitchell) (Entered: 12/02/2015)
1 Exhibits 1 - 5 [REDACTED]
View on RECAP
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Dec. 2, 2015
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Dec. 2, 2015
RECAP
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49
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MOTION to Seal Document /Notice of Motion to Seal Exhibits 2, 4 and 5 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the Production of Documents Relating to Class Certification, dated December 2, 2015. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Text of Proposed Order)(Lowenthal, Mitchell) (Entered: 12/02/2015)
1 Text of Proposed Order
View on PACER
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Dec. 2, 2015
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Dec. 2, 2015
PACER
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50
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MEMORANDUM OF LAW in Support re: 49 MOTION to Seal Document /Notice of Motion to Seal Exhibits 2, 4 and 5 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the Production of Documents Relating to Class Certification, dated December 2, 2015 . Document filed by Jane Doe 1, Jane Doe 2. (Lowenthal, Mitchell) (Entered: 12/02/2015)
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Dec. 2, 2015
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Dec. 2, 2015
PACER
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51
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REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015. . Document filed by Jane Doe 1, Jane Doe 2. (Lowenthal, Mitchell) (Entered: 12/03/2015)
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Dec. 3, 2015
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Dec. 3, 2015
PACER
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52
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DECLARATION of Josh E. Anderson in further support of Plaintiffs' Motion to Compel the Production of Documents Relating to Class Certification, dated December 3, 2015 re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015. . Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit 6)(Lowenthal, Mitchell) (Entered: 12/03/2015)
1 Exhibit 6
View on PACER
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Dec. 3, 2015
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Dec. 3, 2015
PACER
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53
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FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 51 Reply Memorandum of Law in Support of Motion, addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated December 4, 2015. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 12/04/2015)
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Dec. 4, 2015
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Dec. 4, 2015
PACER
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54
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NOTICE OF APPEARANCE by Arthur Gabriel Larkin, III on behalf of The City of New York. (Larkin, Arthur) (Entered: 12/04/2015)
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Dec. 4, 2015
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Dec. 4, 2015
PACER
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55
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ORDER GRANTING MOTION TO COMPEL granting 38 Motion to Compel; granting 41 Motion to Seal Document; granting 49 Motion to Seal Document; terminating 53 Motion for Extension of Time to File Response/Reply: The City should produce all outstanding documents by December 23, 2015. The City should produce Mr. Cussen and Ms. Sculco, who appear to be the custodians of directly relevant information, for depositions by the same date. The Plaintiffs' Motions to Seal exhibits to the Motion to Compel are granted. Plaintiffs' Reply to Defendants' Opposition to the Motion for Class Certification will be due January 18, 2016, though they may file sooner, and the Court will be sensitive to their desire to move this litigation forward speedily. The clerk shall mark the motions (Dkt. Nos. 38, 41, 49, and 53) terminated. (Signed by Judge Alvin K. Hellerstein on 12/11/2015) (tn) (Entered: 12/11/2015)
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Dec. 11, 2015
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Dec. 11, 2015
PACER
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56
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ORDER REGULATING PROCEEDINGS: Plaintiffs' Reply to the motion to certify is due December 22, 2015. I will hear argument of the motion January 4, 2015, 2:30 P.M. Set Deadlines/Hearing as to 27 MOTION to Certify Class and Appoint Class Counsel: Replies due by 12/22/2015. (Oral Argument set for 1/4/2016 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/14/2015) (tn) (Entered: 12/14/2015)
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Dec. 14, 2015
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Dec. 14, 2015
PACER
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57
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NOTICE OF APPEARANCE by James L. Bromley on behalf of Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 12/22/2015)
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Dec. 22, 2015
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Dec. 22, 2015
PACER
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58
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REPLY MEMORANDUM OF LAW in Support re: 27 MOTION to Certify Class and Appoint Class Counsel., dated December 22, 2015 (REDACTED). Document filed by Jane Doe 1. (Lowenthal, Mitchell) (Entered: 12/22/2015)
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Dec. 22, 2015
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Dec. 22, 2015
PACER
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59
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DECLARATION of Danielle P. Mindlin in Further Support of Plaintff Jane Doe 1's Motion for Class Certification and Appointment of Class Counsel, Dated December 22, 2015 re: 27 MOTION to Certify Class and Appoint Class Counsel. . Document filed by Jane Doe 1. (Attachments: # 1 Exhbits 9 - 12 (REDACTED))(Lowenthal, Mitchell) (Entered: 12/22/2015)
1 Exhbits 9 - 12 (REDACTED)
View on PACER
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Dec. 22, 2015
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Dec. 22, 2015
PACER
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60
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MOTION to Seal Document 59 Declaration, 58 Reply Memorandum of Law in Support of Motion, dated December 22, 2015. Document filed by Jane Doe 1. (Attachments: # 1 Text of Proposed Order)(Lowenthal, Mitchell) (Entered: 12/22/2015)
1 Text of Proposed Order
View on PACER
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Dec. 22, 2015
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Dec. 22, 2015
PACER
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61
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MEMORANDUM OF LAW in Support re: 60 MOTION to Seal Document 59 Declaration, 58 Reply Memorandum of Law in Support of Motion, dated December 22, 2015. . Document filed by Jane Doe 1. (Lowenthal, Mitchell) (Entered: 12/22/2015)
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Dec. 22, 2015
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Dec. 22, 2015
PACER
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Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 1/4/2016 re: 27 MOTION to Certify Class and Appoint Class Counsel. filed by Jane Doe 1, ( Status Conference set for 1/15/2016 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Court Reporter Patricia Nelson) (Jones, Brigitte)
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Jan. 4, 2016
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Jan. 4, 2016
PACER
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Oral Argument
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Jan. 4, 2016
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Jan. 4, 2016
PACER
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62
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SUMMARY ORDER DENYING MOTION FOR CLASS CERTIFICATION denying 27 Motion to Certify Class: The motion to certify a class is denied. For the reasons stated in detail on the record, I find that the class is not sufficiently ascertainable as proposed, and that the named plaintiffs, who also seek monetary damages, lack typicality and commonality in their claims, and would not adequately represent the interests of the class. Fed. R. Civ. P. 23(a). I am further concerned that allowing this lawsuit to proceed as a class action will delay the adjudication of the serious and troubling allegations in the Complaint, and have concerns that unidentifiable future victims could be precluded from suing for damages for rape, because of their membership in this class, even where they never had an option to opt out. The claims of the individual plaintiffs survive, both for monetary and equitable relief. The parties shall appear for a status conference to determine the course of the proceedings going forward, on January 15, 2016, at 10:45 A.M. (Signed by Judge Alvin K. Hellerstein on 1/5/2016) (tn) (Entered: 01/05/2016)
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Jan. 5, 2016
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Jan. 5, 2016
PACER
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Set/Reset Hearings
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Jan. 5, 2016
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Jan. 5, 2016
PACER
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Set/Reset Hearings: Status Conference set for 1/15/2016 at 10:45 AM before Judge Alvin K. Hellerstein. (tn)
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Jan. 5, 2016
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Jan. 5, 2016
PACER
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63
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TRANSCRIPT of Proceedings re: CONFERENCE held on 1/4/2016 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/8/2016. Redacted Transcript Deadline set for 2/19/2016. Release of Transcript Restriction set for 4/18/2016.(McGuirk, Kelly) (Entered: 01/15/2016)
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Jan. 15, 2016
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Jan. 15, 2016
PACER
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Status Conference
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Jan. 15, 2016
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Jan. 15, 2016
PACER
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64
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/4/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/15/2016)
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Jan. 15, 2016
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Jan. 15, 2016
PACER
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Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 1/15/2016, ( Motions due by 2/5/2016., Replies due by 2/26/2016., Responses due by 2/19/2016). (Court Reporter Tara Jones) (Jones, Brigitte)
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Jan. 15, 2016
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Jan. 15, 2016
PACER
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65
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JOINT LETTER MOTION for Discovery addressed to Judge Alvin K. Hellerstein from Barbara P. Hamilton dated 01/29/2016. Document filed by Jane Doe 1.(Hamilton, Barbara) (Entered: 01/29/2016)
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Jan. 29, 2016
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Jan. 29, 2016
RECAP
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66
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JOINT LETTER MOTION for Discovery addressed to Judge Alvin K. Hellerstein from Barbara P. Hamilton dated 01/29/2016. Document filed by Jane Doe 1.(Hamilton, Barbara) (Entered: 01/29/2016)
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Jan. 29, 2016
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Jan. 29, 2016
RECAP
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67
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ORDER granting in part and denying in part 65 Letter Motion for DiscoveryThe parties contest who may keep a pair of pants, and other items, which may have evidentiary value, directly or after testing. The items originally belonged to plaintiffs, but are now in defendants' possession. Both parties are concerned about tampering. Absent other agreement, the parties shall agree to a neutral party who shall maintain possession of the items, with each party having access upon reasonable notice to the other. If agreement is not made within two weeks, either party may move for appropriate relief. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 02/02/2016)
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Feb. 2, 2016
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Feb. 2, 2016
PACER
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Order on Motion for Discovery
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Feb. 2, 2016
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Feb. 2, 2016
PACER
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68
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ORDER granting 66 Letter Motion for DiscoveryPlaintiffs' demand for financial and medical records, as limited by the parties' negotiations, seek relevant evidence for discovery purposes, proportional to the issues of the case. Defendants' objections are denied. The documents shall be produced promptly, subject to appropriate measures to assure confidentiality. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 02/02/2016)
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Feb. 2, 2016
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Feb. 2, 2016
PACER
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69
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CONSENT LETTER MOTION for Extension of Time to File motion to modify order allowing plaintiffs to proceed anonymously addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Feb. 3, 2016. Document filed by The City of New York.(Larkin, Arthur) (Entered: 02/03/2016)
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Feb. 3, 2016
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Feb. 3, 2016
RECAP
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70
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FIRST LETTER MOTION for Extension of Time for the parties to agree to a neutral party to maintain possession of items or move for appropriate relief addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated February 16, 2016. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 02/16/2016)
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Feb. 16, 2016
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Feb. 16, 2016
PACER
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71
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CONSENT LETTER MOTION for Extension of Time to File motion to modify plaintiffs' anonymous status addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Feb. 18, 2016. Document filed by The City of New York.(Larkin, Arthur) (Entered: 02/18/2016)
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Feb. 18, 2016
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Feb. 18, 2016
RECAP
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72
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ORDER granting 69 Letter Motion for Extension of Time to File; granting 71 Letter Motion for Extension of Time to File: So ordered. (Signed by Judge Alvin K. Hellerstein on 2/18/2016) (tn) (Entered: 02/19/2016)
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Feb. 19, 2016
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Feb. 19, 2016
PACER
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Set/Reset Deadlines
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Feb. 19, 2016
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Feb. 19, 2016
PACER
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Set/Reset Deadlines: Motions due by 2/26/2016. Responses due by 3/11/2016. Replies due by 3/18/2016. (tn)
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Feb. 19, 2016
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Feb. 19, 2016
PACER
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73
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MOTION to Compel the City to Produce Documents . Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 02/23/2016)
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Feb. 23, 2016
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Feb. 23, 2016
RECAP
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74
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DECLARATION of Josh E. Anderson, dated February 23, 2016 in Support re: 73 MOTION to Compel the City to Produce Documents .. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1-6 [REDACTED])(Bromley, James) (Entered: 02/23/2016)
1 Exhibits 1-6 [REDACTED]
View on PACER
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Feb. 23, 2016
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Feb. 23, 2016
PACER
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75
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MEMORANDUM OF LAW in Support re: 73 MOTION to Compel the City to Produce Documents . . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 02/23/2016)
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Feb. 23, 2016
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Feb. 23, 2016
PACER
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76
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MOTION to Seal Exhibits 1, 2, 3, 5 and 6 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the City to Produce Documents. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Text of Proposed Order)(Bromley, James) (Entered: 02/23/2016)
1 Text of Proposed Order
View on PACER
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Feb. 23, 2016
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Feb. 23, 2016
PACER
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77
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MEMORANDUM OF LAW in Support re: 76 MOTION to Seal Exhibits 1, 2, 3, 5 and 6 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the City to Produce Documents. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 02/23/2016)
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Feb. 23, 2016
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Feb. 23, 2016
PACER
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78
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Vacated as per Judge's Order dated 2/25/2016, Doc. # 79 ORDER GRANTING MOTION TO SEAL EXHIBITS 1, 2, 3, 5 AND 6 TO THE DECLARATION OF JOSH E. ANDERSON IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL THE CITY TO PRODUCE DOCUMENTS granting 76 Motion to Seal: that the Motion is GRANTED; and that Exhibits 1, 2, 5 and 6 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the City to Produce Documents shall be filed publicly with redactions (with unredacted copies maintained under seal), and Exhibit 3 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the City to Produce Documents shall be filed under seal. (Signed by Judge Alvin K. Hellerstein on 2/24/2016) (tn) Modified on 2/25/2016 (tn). (Entered: 02/24/2016)
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Feb. 24, 2016
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Feb. 24, 2016
PACER
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79
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ORDER: My endorsement granting the motion to seal exhibits (ECF Doc. No. 78 granting ECF Doc. No. 76) is vacated. Upon further review, the motion is denied without prejudice. The Motion may be submitted identifying for redaction only the names and identities of individuals, to enable the Court to rule narrowly. (Signed by Judge Alvin K. Hellerstein on 2/25/2016) (tn) (Entered: 02/25/2016)
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Feb. 25, 2016
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Feb. 25, 2016
PACER
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80
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MEMO ENDORSEMENT denying without prejudice 76 Motion to Seal. ENDORSEMENT: Motion denied w/out prejudice. Motion may be resubmitted identifying for redaction only the names and identities of individuals, to enable the Court to rule narrowly. (Signed by Judge Alvin K. Hellerstein on 2/25/2016) (tn) (Entered: 02/25/2016)
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Feb. 25, 2016
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Feb. 25, 2016
PACER
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81
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LETTER addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Feb. 26, 2016 re: motion for relief from protective order. Document filed by The City of New York.(Larkin, Arthur) (Entered: 02/26/2016)
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Feb. 26, 2016
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Feb. 26, 2016
PACER
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