Case: Lucero v. City of New York

1:14-cv-09533 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 3, 2014

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On December 3, 2014, three women with relatives buried in a mass grave of more than one million deceased individuals on New York City’s Hart Island filed this class action in the U.S. District Court for the Southern District of New York. Represented by the New York Civil Liberties Union Foundation, the plaintiffs asked the court for declaratory, injunctive, and monetary relief, claiming violations of the First and Fourteenth Amendments of the United States Constitution and Sections 3, 6, and 8 …

On December 3, 2014, three women with relatives buried in a mass grave of more than one million deceased individuals on New York City’s Hart Island filed this class action in the U.S. District Court for the Southern District of New York. Represented by the New York Civil Liberties Union Foundation, the plaintiffs asked the court for declaratory, injunctive, and monetary relief, claiming violations of the First and Fourteenth Amendments of the United States Constitution and Sections 3, 6, and 8 of Article I of the New York State Constitution. Specifically, the plaintiffs alleged that New York City’s policy barred people from visiting the graves of relatives buried on the island, only allowing them to visit a “gazebo” on the edge of Hart Island. The “gazebo” is out of sight of the graves and visitors were not permitted to leave sentimental items like flowers.

The case was assigned to District Judge Vernon S. Broderick. On September 28, 2015, the court granted class certification, defining the class as: "All parents, step-parents, children (biological or adopted), stepchildren, spouses, siblings, step-siblings, half-siblings, grandparents, grandchildren, uncles, aunts, nephews, nieces, first cousins, second cousins, legal guardians of deceased individuals buried on Hart Island; wards of deceased guardians buried on Hart Island; and domestic partners of deceased individuals buried on Hart Island, who wish to visit the gravesites of said deceased individuals."

On February 19, 2016, the parties agreed to a settlement. The City of New York agreed to provide the plaintiff class with ferry transportation to and from Hart Island, and access to the gravesites of their family members, on at least one weekend day per month. Visitors to the gravesite would be allowed to leave certain sentimental items, like flowers, small stuffed animals, and photographs, at the grave site. The City of New York also agreed to pay the plaintiff attorneys’ fees and costs totalling $58,645.00.

In December 2016, the parties met and conferred regarding the settlement and agreed to increase the maximum number of visitors able to visit the gravesites during each visitation period from 25 to 35. The court approved the amended stipulation on January 24, 2017. The court continued to retain jurisdiction to enforce the terms of the settlement agreement until December 1, 2018. The case is now closed.

Summary Authors

Lauren Shepard (6/1/2016)

Sean Mulloy (11/6/2017)

Michael Beech (3/24/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6149153/parties/lusero-v-the-city-of-new-york/


Judge(s)

Broderick, Vernon Speede (New York)

Attorneys(s) for Plaintiff

Dunn, Christopher (New York)

Attorneys(s) for Defendant

Lively, Lauren Almquist (New York)

Pines, Jonathan (New York)

Tuffaha, Omar Hani (New York)

Judge(s)

Broderick, Vernon Speede (New York)

Attorneys(s) for Plaintiff

Dunn, Christopher (New York)

Attorneys(s) for Defendant

Lively, Lauren Almquist (New York)

Pines, Jonathan (New York)

Tuffaha, Omar Hani (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Lusero v. City of New York

Jan. 24, 2017 Docket
1

Class Action Complaint

Lusero v. City of New York

Dec. 3, 2014 Complaint
36

Stipulation and Order Regarding Certification of Class Action

Lusero v. New York

July 23, 2015 Order/Opinion
33

Plaintiffs' Memorandum of Law in Support of Joint Motion to Approve Class-Action Settlement

Lusero v. City of New York

Aug. 27, 2015 Pleading / Motion / Brief
27-1

Stipulation and Order of Settlement

Lusero v. New York

Feb. 19, 2016 Settlement Agreement
52

Amended Stipulation and Order of Settlement

Lusero v. The City of New York

Jan. 24, 2017 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6149153/lusero-v-the-city-of-new-york/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT against The City of New York. (Filing Fee $ 350.00, Receipt Number 465401111156)Document filed by Rosaria Cortes Lusero, Marie Cruz Garcia, Michelle Caner.(cde) (Entered: 12/08/2014)

Dec. 3, 2014 PACER
2

CIVIL COVER SHEET filed. (cde) (Entered: 12/08/2014)

Dec. 3, 2014 RECAP
3

NOTICE OF APPEARANCE by Lauren Almquist Lively on behalf of The City of New York. (Lively, Lauren) (Entered: 12/17/2014)

Dec. 17, 2014 PACER
4

FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Lauren Almquist Lively dated December 17, 2014. Document filed by The City of New York.(Lively, Lauren) (Entered: 12/17/2014)

Dec. 17, 2014 PACER
5

ORDER granting 4 Letter Motion for Extension of Time to Answer The City of New York answer due 1/23/2015. Application Granted. SO ORDERED.(Signed by Judge Vernon S. Broderick on 12/19/2014) (ama) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
6

ANSWER to 1 Complaint. Document filed by The City of New York.(Lively, Lauren) (Entered: 01/23/2015)

Jan. 23, 2015 RECAP
7

ORDER AND NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Pretrial Conference set for 2/25/2015 at 10:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.O By 2/18/2015, the parties shall submit a joint letter, not to exceed 3 pages, providing the information as further set forth in this Order. By 2/18/2015, the parties shall jointly submit to the Court a proposed case management plan and scheduling order. Plaintiff is ordered to serve the Defendant with a copy of this order and to file an affidavit on ECF certifying that such service has been effectuated. (Signed by Judge Vernon S. Broderick on 2/9/2015) (tro) (Entered: 02/09/2015)

Feb. 9, 2015 PACER
8

AFFIDAVIT OF SERVICE of Order and Notice of Initial Conference served on City of New York on 2/10/2015. Service was made by Mail. Document filed by Michelle Caner, Marie Cruz Garcia, Rosaria Cortes Lusero. (Dunn, Christopher) (Entered: 02/13/2015)

Feb. 13, 2015 PACER
9

JOINT LETTER MOTION to Adjourn Conference addressed to Judge Vernon S. Broderick from Christopher Dunn dated 2-17-2015. Document filed by Michelle Caner, Marie Cruz Garcia, Rosaria Cortes Lusero, The City of New York.(Dunn, Christopher) (Entered: 02/17/2015)

Feb. 17, 2015 PACER
10

ORDER granting 9 Letter Motion to Adjourn Conference. APPLICATION GRANTED. SO ORDERED. Initial Conference set for 3/6/2015 at 11:00 AM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 2/18/2015) (kl) (Entered: 02/18/2015)

Feb. 18, 2015 PACER
11

JOINT LETTER addressed to Judge Vernon S. Broderick from Christopher Dunn and Lauren Lively dated 2/27/2015 re: Initial Conference. Document filed by Michelle Caner, Marie Cruz Garcia, Rosaria Cortes Lusero, The City of New York. (Attachments: # 1 Proposed Scheduling Order)(Dunn, Christopher) (Entered: 02/27/2015)

1 Proposed Scheduling Order

View on PACER

Feb. 27, 2015 PACER
12

LAW STUDENT INTERN APPEARANCE FORM: I authorize this student (Chun Ling Junine So): (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client as further set forth in this order. (Signed by Judge Vernon S. Broderick on 3/6/2015) (lmb) Modified on 3/6/2015 (lmb). (Entered: 03/06/2015)

March 6, 2015 PACER
13

LAW STUDENT INTERN APPEARANCE FORM: I authorize this student (Chun Ling Junine So): (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client as further set forth in this order. (Signed by Judge Vernon S. Broderick on 3/6/2015) (lmb) (Entered: 03/06/2015)

March 6, 2015 PACER
14

LAW STUDENT INTERN APPEARANCE FORM: I authorize this student (Chun Ling Junine So): (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client as further set forth in this order. (Signed by Judge Vernon S. Broderick on 3/6/2015) (lmb) (Entered: 03/06/2015)

March 6, 2015 PACER
15

LAW STUDENT INTERN APPEARANCE FORM: I authorize this student (Daniel Kacinski): (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client as further set forth in this order. (Signed by Judge Vernon S. Broderick on 3/6/2015) (lmb) (Entered: 03/06/2015)

March 6, 2015 PACER
16

LAW STUDENT INTERN APPEARANCE FORM: I authorize this student (Daniel Kacinski): (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client as further set forth in this order. (Signed by Judge Vernon S. Broderick on 3/6/2015) (lmb) (Entered: 03/06/2015)

March 6, 2015 PACER
17

LAW STUDENT INTERN APPEARANCE FORM: I authorize this student (Daniel Kacinski): (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client as further set forth in this order. (Signed by Judge Vernon S. Broderick on 3/6/2015) (lmb) (Entered: 03/06/2015)

March 6, 2015 PACER
18

LAW STUDENT INTERN APPEARANCE FORM: I authorize this student (Clark Binkley): (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client as further set forth in this order. (Signed by Judge Vernon S. Broderick on 3/6/2015) (lmb) (Entered: 03/06/2015)

March 6, 2015 PACER
19

LAW STUDENT INTERN APPEARANCE FORM: I authorize this student (Clark Binkley): (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client as further set forth in this order. (Signed by Judge Vernon S. Broderick on 3/6/2015) (lmb) (Entered: 03/06/2015)

March 6, 2015 PACER
20

LAW STUDENT INTERN APPEARANCE FORM: I authorize this student (Clark Binkley): (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client as further set forth in this order. (Signed by Judge Vernon S. Broderick on 3/6/2015) (lmb) (Entered: 03/06/2015)

March 6, 2015 PACER
21

JOINT LETTER MOTION for Extension of Time . Request for a second 30-day stay of discovery addressed to Judge Vernon S. Broderick from Omar H. Tuffaha dated 4/2/2015. Document filed by The City of New York.(Tuffaha, Omar) (Entered: 04/02/2015)

April 2, 2015 PACER
22

ORDER granting 21 Letter Motion for Extension of Time: APPLICATION GRANTED. No further discovery stays will be granted absent extraordinary circumstances. (Signed by Judge Vernon S. Broderick on 4/3/2015) (tn) (Entered: 04/03/2015)

April 3, 2015 PACER
23

ORDER: On February 27, 2015 the parties submitted a proposed case management plan. (Doc. 11-1.) During the initial pre-trial conference held on March 6, 2015, the parties indicated that they were engaged in settlement discussions and requested a 30-day stay of discovery. On April 2, 2015, the parties informed me that their settlement discussions were ongoing and jointly requested an additional 30-day stay of discovery until May 6, 2015. To date, the parties have not indicated that this matter is settled. Accordingly, the parties are hereby ORDERED to provide me with a revised proposed case management plan on or before June 18, 2015. (Signed by Judge Vernon S. Broderick on 6/4/2015) (mro) (Entered: 06/05/2015)

June 4, 2015 PACER
24

NOTICE OF APPEARANCE by Jonathan L. Pines on behalf of The City of New York. (Pines, Jonathan) (Entered: 06/15/2015)

June 15, 2015 PACER
25

JOINT LETTER MOTION for Extension of Time to submit stipulation of settlement or proposed case management plan addressed to Judge Vernon S. Broderick from Jonathan Pines dated 6/15/15. Document filed by The City of New York.(Pines, Jonathan) (Entered: 06/15/2015)

June 15, 2015 PACER
26

ORDER granting 25 Letter Motion for Extension of Time. Application granted. (Signed by Judge Vernon S. Broderick on 6/16/2015) (lmb) (Entered: 06/16/2015)

June 16, 2015 PACER
27

LETTER addressed to Judge Vernon S. Broderick from Christopher Dunn dated 7/8/2015 re: Proposed Class Action Settlement. Document filed by Michelle Caner, Marie Cruz Garcia, Rosaria Cortes Lusero, The City of New York. (Attachments: # 1 Text of Proposed Order Proposed Class Action Settlement)(Dunn, Christopher) (Entered: 07/08/2015)

1 Text of Proposed Order Proposed Class Action Settlement

View on PACER

July 8, 2015 PACER
28

JOINT LETTER MOTION for Extension of Time to submit papers addressing class certification, settlement notice, and a fairness hearing addressed to Judge Vernon S. Broderick from Omar H. Tuffaha dated 7/16/2015. Document filed by The City of New York.(Tuffaha, Omar) (Entered: 07/16/2015)

July 16, 2015 PACER
29

ORDER granting 28 Letter Motion for Extension of Time. Application granted. (Signed by Judge Vernon S. Broderick on 7/17/2015) (lmb) (Entered: 07/17/2015)

July 17, 2015 PACER
30

JOINT LETTER addressed to Judge Vernon S. Broderick from Omar H. Tuffaha dated 7/24/2015 re: submission of proposed class stipulations. Document filed by The City of New York.(Tuffaha, Omar) (Entered: 07/24/2015)

July 24, 2015 PACER
31

ORDER: I am in receipt of the parties' proposed: (1) stipulation and order regarding notification of proposed class action settlement; and (2) stipulation and order regarding certification of class action. The parties are hereby ORDERED to submit a motion, on or before August 31, 2015, addressing the fairness, adequacy, and reasonableness of a class settlement according to the factors set forth under City of Detroit v. Grinnell Corp., 495 F.2d 448 (2d Cir. 1974)., ( Motions due by 8/31/2015.) (Signed by Judge Vernon S. Broderick on 8/17/2015) (lmb) (Entered: 08/17/2015)

Aug. 17, 2015 PACER
32

JOINT MOTION to Approve Proposed Settlement . Document filed by Michelle Caner, Marie Cruz Garcia, Rosaria Cortes Lusero, The City of New York.(Dunn, Christopher) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
33

MEMORANDUM OF LAW in Support re: 32 JOINT MOTION to Approve Proposed Settlement . . Document filed by Michelle Caner, Marie Cruz Garcia, Rosaria Cortes Lusero. (Dunn, Christopher) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
34

AFFIRMATION of Christopher T. Dunn in Support re: 32 JOINT MOTION to Approve Proposed Settlement .. Document filed by Michelle Caner, Marie Cruz Garcia, Rosaria Cortes Lusero. (Dunn, Christopher) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
35

LETTER addressed to Judge Vernon S. Broderick from Omar H. Tuffaha dated 8/27/2015 re: joint motion for approval of class-action settlement. Document filed by The City of New York.(Tuffaha, Omar) (Entered: 08/27/2015)

Aug. 27, 2015 PACER
36

STIPULATION AND ORDER REGARDING CERTIFICATION OF CLASS ACTION: IT IS THEREFORE STIPULATED AND ORDERED: 1. A plaintiff class ("Plaintiff Class" or "Class") is hereby certified, pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure, defined as further set forth in this Order. 7. As required by Rule 23(g)(1), the New York Civil Liberties Union Foundation shall be appointed to serve as class counsel. 8. As required by Rule 23(g)(4), class counsel will fairly and adequately represent the interests of the proposed class. Class counsel has done extensive work in identifying and investigating the claims in this action, have experience in handling class actions and other complex litigation, have considerable knowledge of the applicable law, and have the necessary resources to commit to monitoring the settlement that the parties have submitted to the Court. 9. As required by Rule 23(b)(2), "the part[ies] opposing the class ha[ve] acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole." The complaint challenges a single policy and practice barring grave site visits to Hart Island that applies to all class members similarly. 10. Nothing contained herein shall be deemed to constitute an admission by the defendants that any of their alleged actions or omissions violated the plaintiffs' or any proposed class member's rights under any federal or state law. Nothing contained herein shall be considered a binding agreement in any action other than the above-captioned action. (Signed by Judge Vernon S. Broderick on 9/28/2015) (lmb) (Entered: 09/28/2015)

Sept. 28, 2015 PACER
37

STIPULATION AND ORDER REGARDING NOTIFICATION OF PROPOSED CLASS ACTION SETTLEMENT: IT IS HEREBY STIPULATED AND ORDERED: 1. Within fourteen days of the date this Order is entered, the Defendant City of New York shall publish the Notice of Proposed Class Action Settlement ("Notice"), annexed as Exhibit "B," by the following means, determined by this Court to be appropriate and sufficient, pursuant to the provisions of Rule 23(c)(2)(A) of the Federal Rules of Civil Procedure as further set forth in this order. 2. Any member of the Plaintiff Class ("Class Member") shall have the right to submit a written objection to the Court in advance of the Fairness Hearing, or to appear and be heard at the Fairness Hearing, pursuant to the terms of the Notice. Any Class Member who does not make his or her objection at the Fairness Hearing or in writing timely submitted prior to the Fairness Hearing shall be deemed to have waived such opportunity and shall forever be foreclosed from making any objection to the Stipulation and Order of Settlement. 3. A Fairness Hearing will be held before Judge Vernon S. Broderick on December 9, 2015, at 10:15 a.m. in Courtroom 518, at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, at which time the Court will determine whether the proposed Stipulation and Order of Settlement should be finally approved as fair, reasonable, and adequate, and whether it shall be entered as the Final Judgment in this action. Any written objections shall be filed by November 25, 2015., ( Fairness Hearing set for 12/9/2015 at 10:15 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 9/28/2015) (lmb) (Entered: 09/28/2015)

Sept. 28, 2015 PACER
38

LETTER addressed to Judge Vernon S. Broderick from Christopher Dunn dated 12/8/2015 re: Fairness Hearing. Document filed by Michelle Caner, Marie Cruz Garcia, Rosaria Cortes Lusero.(Dunn, Christopher) (Entered: 12/08/2015)

Dec. 8, 2015 PACER
39

ORDER: As detailed in the fairness hearing held in this matter on December 9, 2015 at 10:45 a.m., it is hereby: ORDERED that the parties shall submit to the Court a joint letter on or before December 18, 2015 addressing (1) why the settlement agreement is fair and reasonable even though it does not permit the taking of photographs by family members and/or visitors to Hart Island, (2) the results of the investigation by the parties concerning whether or not remains of veterans are buried on Hart Island, and (3) if such remains are on Hart Island, why the settlement agreement is fair and reasonable even though it does not permit veterans' groups to serve as caretakers and/or memorialize the veterans buried on Hart Island. IT IS FURTHER ORDERED that the parties' joint submission may extend beyond the three-page limit generally imposed by this Court for communications of this nature. After receiving the submission by the parties I will determine whether or not I will require additional oral argument related to the settlement agreement. (Signed by Judge Vernon S. Broderick on 12/10/2015) (lmb) (Entered: 12/10/2015)

Dec. 10, 2015 PACER
40

JOINT LETTER addressed to Judge Vernon S. Broderick from Omar H. Tuffaha dated 12/18/2015 re: the parties' positions regarding the issues set forth in the Court's December 10, 2015 Order. Document filed by The City of New York.(Tuffaha, Omar) (Entered: 12/18/2015)

Dec. 18, 2015 PACER
41

TRANSCRIPT of Proceedings re: Conference held on 12/9/2015 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Alena Lynch, (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 3/14/2016. Redacted Transcript Deadline set for 3/24/2016. Release of Transcript Restriction set for 5/20/2016.(Siwik, Christine) (Entered: 02/17/2016)

Feb. 17, 2016 PACER
42

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/9/15 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...(Siwik, Christine) (Entered: 02/17/2016)

Feb. 17, 2016 PACER
43

STIPULATION AND ORDER OF SETTLEMENT: Effective no later than July 2015, the City shall provide individuals with access to the gravesites of family members buried on Hart Island on at least one weekend day per month (hereinafter "visitation day"), with six Saturday and six Sunday visitation days per year. Subject to Paragraph 15, below, each quarter shall have at least one Saturday and one Sunday visitation day. If the City determines that demand warrants a change in the apportionment of Saturday and Sunday visitation days, it may change the schedule with written notice to plaintiffs' counsel. For purposes of this Stipulation and Order, "family members" shall include, but is not limited to, parents, step-parents, children, step-children, spouses, siblings, step-siblings, half-siblings, grandparents, grandchildren, uncles, aunts, nephews, nieces, first cousins, second cousins, legal guardians of the deceased, wards of deceased guardians, and domestic partners. Each family member may be permitted to be accompanied on their gravesite visit by up to four other individuals (who do not have to be family members of those buried on Hart Island). Any family member wishing to bring a larger group to a gravesite visit may request such a visit, and the City shall make reasonable efforts to accommodate any such request, subject to Paragraph 8, below, and as further set forth in this order. (Signed by Judge Vernon S. Broderick on 2/19/2016) (tn) (Entered: 02/19/2016)

Feb. 19, 2016 PACER
44

ORDER: that the Proposed Settlement is APPROVED. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Vernon S. Broderick on 2/19/2016) (tn) (Entered: 02/19/2016)

Feb. 19, 2016 PACER
45

STIPULATION AND ORDER OF SETTLEMENT REGARDING ATTORNEYS' FEES: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows: 1. Plaintiffs' claims for attorneys' fees and costs related to this matter are hereby resolved and dismissed, with prejudice, and without any fees or costs in excess of the amount specified in paragraph "2" below. 2. The City of New York shall pay Plaintiffs, on behalf of themselves and of the Plaintiff Class, FIFTY-EIGHT THOUSAND SIX HUNDRED FORTY-FIVE DOLLARS AND ZERO CENTS ($58,645.00) in full satisfaction of all claims for attorneys' fees and costs related to this matter. Payment will be made by check, payable to "NEW YORK CIVIL LIBERTIES UNION FOUNDATION." (As further set forth in this Order) (Signed by Judge Vernon S. Broderick on 4/8/2016) (kl) (Entered: 04/08/2016)

April 8, 2016 PACER
46

MEMO ENDORSEMENT on re: (28 in 1:15-cv-06533-VSB) Letter filed by Jenedra Binyard. ENDORSEMENT: I will consider Plaintiff's submissions, (Docs. 27, 28), to constitute her opposition to Defendants' motion to dismiss, (Doc. 23). As stated in my May 13, 2016 Order, (Doc. 26), Defendant's response, if any, is due on or before June 20, 2016. The Clerk of Court is respectfully directed to mail a copy of this endorsement to the pro se Plaintiff. (Signed by Judge Vernon S. Broderick on 6/7/2016) (lmb) (Entered: 06/07/2016)

June 7, 2016 PACER
47

JOINT LETTER MOTION for Extension of Time to file motion seeking modification under paragraph 18 of the stipulation and order of settlement addressed to Judge Vernon S. Broderick from Omar H. Tuffaha dated 10/17/2016. Document filed by The City of New York.(Tuffaha, Omar) (Entered: 10/17/2016)

Oct. 17, 2016 PACER
48

ORDER granting 47 Letter Motion for Extension of Time to file motion seeking modification under paragraph 18 of the stipulation and order of settlement. APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 10/18/2016) (cla) (Entered: 10/18/2016)

Oct. 18, 2016 PACER
49

CONSENT LETTER MOTION for Extension of Time to file modification motion addressed to Judge Vernon S. Broderick from Christopher Dunn dated 12-13-2016. Document filed by Michelle Caner, Marie Cruz Garcia, Rosaria Cortes Lusero.(Dunn, Christopher) (Entered: 12/13/2016)

Dec. 13, 2016 PACER
50

ORDER granting 49 Letter Motion for Extension of Time to file modification motion. APPLICATION GRANTED. (Motions due by 1/17/2017.) (Signed by Judge Vernon S. Broderick on 12/14/2016) (cla) (Entered: 12/14/2016)

Dec. 14, 2016 PACER
51

JOINT LETTER addressed to Judge Vernon S. Broderick from Omar H. Tuffaha dated 1/23/2017 re: submission of proposed amended stipulation and order of settlement. Document filed by The City of New York. (Attachments: # 1 Text of Proposed Order)(Tuffaha, Omar) (Entered: 01/23/2017)

1 Text of Proposed Order

View on PACER

Jan. 23, 2017 PACER
52

AMENDED STIPULATION AND ORDER OF SETTLEMENT: IT IS HEREBY STIPULATED AND ORDERED: The case is settled as further set out in the order. (Signed by Judge Vernon S. Broderick on 1/24/2017) (cla) (Entered: 01/24/2017)

Jan. 24, 2017 PACER

State / Territory: New York

Case Type(s):

Public Accommodations/Contracting

Key Dates

Filing Date: Dec. 3, 2014

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals with familial or marital ties to deceased individuals buried in a mass grave on Hart Island who were denied access to the gravesites by the City of New York.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of New York (New York), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Free Exercise Clause

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $58,645

Order Duration: 2015 - 2018

Issues

General:

Other

Religious programs / policies

Type of Facility:

Government-run