Case: Casale v. Kelly

SUMMONS ISSUED as to Raymond W. Kelly, John Does 1−50, City of New York, Jane Does 1−50, John Does 51−100, Jane Does 51−100. (rdz) (Entered: 03/06/2008)

CASE REFERRED TO Judge Shira A. Scheindlin as possibly Related to 08−cv−5442. (rdz) (Entered: 03/06/2008)

Case Designated ECF. (rdz) (Entered: 03/06/2008)

COMPLAINT against Raymond W. Kelly, John Does 1-50, City of New York, Jane Does 1-50, John Does 51-100, Jane Does 51-100. (Filing Fee $ 350.00, Receipt Number 643766)Document filed by Paul Casale, Anthony Garcia.(rdz) (Entered: 03/06/2008)

SUMMONS ISSUED as to Raymond W. Kelly, John Does 1-50, City of New York, Jane Does 1-50, John Does 51-100, Jane Does 51-100. (rdz)

CASE REFERRED TO Judge Shira A. Scheindlin as possibly Related to 08-cv-5442. (rdz)

Case Designated ECF. (rdz)

CASE ACCEPTED AS RELATED. Create association to 1:05−cv−05442−SAS−THK. Notice of Assignment to follow. (rdz) (Entered: 03/12/2008)

Magistrate Judge Theodore H. Katz is so designated. (rdz) (Entered: 03/12/2008)

CASE ACCEPTED AS RELATED. Create association to 1:05-cv-05442-SAS-THK. Notice of Assignment to follow. (rdz)

NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. (rdz) (Entered: 03/12/2008)

Magistrate Judge Theodore H. Katz is so designated. (rdz)

AFFIDAVIT OF SERVICE of Summons and Complaint. City of New York served on 3/13/2008, answer due 4/2/2008. Service was accepted by Madelyn Santana, Authorized to Accept. Document filed by Paul Casale; Anthony Garcia. (Rosenfeld, Katherine) (Entered: 03/19/2008)

AFFIDAVIT OF SERVICE of Summons and Complaint. Raymond W. Kelly served on 3/13/2008, answer due 4/2/2008. Service was accepted by Madelyn Santana, co-worker of the defendant. Document filed by Paul Casale; Anthony Garcia. (Rosenfeld, Katherine) (Entered: 03/19/2008)

ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/11/2008 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 3/19/2008) (jpo) (Entered: 03/20/2008)

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Rachel Seligman Weiss dated 4/2/2008 re: Requesting an enlargement of time to answer or otherwise respond to plaintiffs complaint and requesting an adjournment of the initial pre-trial conference scheduled for April 11, 2008. ENDORSEMENT: Defendants request for an enlargement of time from April 2, 2008 to June 2, 2008 to move or answer plaintiffs complaint is granted pending the initial conference. Defendants request for an adjournment of the initial pretrial conference is denied. The parties must appear at the conference previously scheduled for April 11, 2008 at 3:30 p.m. (Signed by Judge Shira A. Scheindlin on 4/4/2008) (jpo) (Entered: 04/04/2008)

UNSEALING 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 he City of New York, or his authorized representative, records of any criminal actions pertaining to individuals who were arrested, summonsed, and/or charged with N.Y.P.L. 240.35(3) from February 23, 1983 until today, the date of this Order and/or N.Y.P.L. 240.35(7) from February 1988 until today, the date of this Order, as set forth herein. (Signed by Judge Shira A. Scheindlin on 4/24/2008) (jpo) (Entered: 04/25/2008)

STIPULATION AND PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Shira A. Scheindlin on 4/24/2008) (jpo) (Entered: 04/25/2008)

STIPULATION AND ORDER: The City Defendants' position that their current policy prohibits enforcement of New York Penal Law 240.35(3) and New York Penal Law 240.35(7). The City defendants agree to abide by and reinforce this policy. On April 21, 2008, the City defendants sent a FINEST notice to all NYPD precincts and commands to be read at ten (10) consecutive roll calls reminding them that New York Penal Law 240.35(3) and New York Penal Law 240.(7) are unconstitutional, and directing members of the service not to enforce these subsections. A copy of this FINEST notice is attached as Exhibits A. The City Defendants shall send notification to the District Attorneys of Bronx, Queens, New York, Richmond and King Counties stating that New York Penal Law 240.35(3) and New York Penal Law 240.35(7) are unconstitutional and unenforceable. The City defendants shall send notification to Judge Juanita Bing Newton, Administrative Judge, Criminal Court, New York City, stating that New York Penal Law 240.35(3) and New York Penal Law 240.35(7) are unconstitutional, and requesting that appropriate notice be disseminated throughout the court system. While this litigation is pending, the City of New York shall produce to plaintiffs on a monthly basis a report on all summonses issued from the date of the filing of the Complaint in this matter, March 4, 2008, for violations of the New York Penal Law 240.35(3) and New York Penal Law 240.(7), subject to an appropriate protective order agreed upon by the parties. (Signed by Judge Shira A. Scheindlin on 5/2/2008) (jpo) (Entered: 05/05/2008)

ANSWER to Complaint with JURY DEMAND. Document filed by Raymond W. Kelly, City of New York.(Seligman, Rachel) (Entered: 06/02/2008)

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Katherine Rosenfeld dated 6/11/2008 re: Requesting a pre-motion conference. ENDORSEMENT: Plaintiffs request for a pre-motion conference is granted. A conference before the Court is scheduled for Tuesday, June 17, 2008 at 4:30 p.m. (Signed by Judge Shira A. Scheindlin on 6/10/2008) (jpo) (Entered: 06/12/2008)

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Rachel Seligman Weiss dated 8/6/2008 re: Counsel request that the following briefing schedule for the class certification be set as followed: Plaintiff's time to move for class certification to October 17, 2008. Defendant's opposition to until November 25, 2008. Plaintiff's reply on December 12, 2008. ENDORSEMENT: The following motion schedule is acceptable to the Court. Moving papers on the class certification: October 17, Response papers Nov. 25, Reply papers Dec. 12. So Ordered. (Signed by Judge Shira A. Scheindlin on 8/6/2008) (jfe) (Entered: 08/07/2008)

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Matthew D. Brinckerhoff dated 10/17/08 re: Counsel for Plaintiffs request that the Court (1) direct defendants to meaningfully respond to plaintiffs' months old request for feedback concerning plaintiffs' proposed stipulation and protective order governing how the parties handle the arrest and summons information obtained from the Office of Court Administration; and (2) amend the current briefing schedule so that plaintiffs' motion for class certification is served six weeks after the parties receive the data from OCA, defendants' opposition is due four weeks later, and plaintiffs' reply is due two weeks after that. ENDORSEMENT: Plaintiffs request is hereby granted. Plaintiffs motion for class certification will be due on December 8, 2008. Defendants' reply will be due on January 12, 2009. Plaintiffs' reply will be due on January 26, 2009. (Signed by Judge Shira A. Scheindlin on 10/21/08) (tro) Modified on 1/16/2009 (rw). (Entered: 10/22/2008)

MEMO ENDORSEMENT ON SUBPOENA IN A CIVIL CASE, To: NYS Office of Court Administration, re documents or objects described in the Subpoena Rider annexed hereto as Exhibit A, at the offices of The Bronx Defenders, 860 Courtlandt Avenue, Bronx, NY 10451: So ordered. (Signed by Judge Shira A. Scheindlin on 10/29/08) (cd) (Entered: 10/29/2008)

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Shira A. Scheindlin on 10/29/08) (cd) (Entered: 10/29/2008)

MOTION to Certify Class. Document filed by Paul Casale.(Greenberger, Debra) (Entered: 12/08/2008)

MEMORANDUM OF LAW in Support re: 16 MOTION to Certify Class.. Document filed by Paul Casale. (Greenberger, Debra) (Entered: 12/08/2008)

DECLARATION of J. McGregor Smyth in Support re: 16 MOTION to Certify Class.. Document filed by Paul Casale. (Greenberger, Debra) (Entered: 12/08/2008)

DECLARATION of Rachel Seligman Weiss in Opposition re: 16 MOTION to Certify Class.. Document filed by Raymond W. Kelly, City of New York. (Attachments: # 1 Exhibit A through G)(Seligman, Rachel) (Entered: 01/12/2009)

MEMORANDUM OF LAW in Opposition re: 16 MOTION to Certify Class.. Document filed by Raymond W. Kelly, City of New York. (Seligman, Rachel) (Entered: 01/12/2009)

REPLY MEMORANDUM OF LAW in Support re: 16 MOTION to Certify Class.. Document filed by Paul Casale. (Greenberger, Debra) (Entered: 01/26/2009)

DECLARATION of Debra L. Greenberger in Support re: 16 MOTION to Certify Class.. Document filed by Paul Casale. (Attachments: # 1 Exhibit A: Excerpts of Casale Deposition, # 2 Exhibit B: Excerpts of Garcia Deposition)(Greenberger, Debra) (Entered: 01/26/2009)

OPINION AND ORDER re:# 97458 16 MOTION to Certify Class filed by Paul Casale. For the reasons set forth herein, plaintiffs' motion for class certification is granted. Specifically, pursuant to F.R.C.P. 23(b)(2), a class certified consisting of all persons who have been or will be arrested, charged, or prosecuted for a violation of section 240.35(3) or 240.35(7) in New York City after those statutes were declared unconstitutional. Pursuant to Rule 23(b)(3), a class certified consisting of all person who have been arrested, charged or prosecuted for a violation of either section 240.35(3) or 240.35(7) in New York City within the applicable stature of limitations. For the purpose of case management, subclasses are certified to address potential defenses applicable only to plaintiffs who were never prosecuted and to those charged with additional crimes at the time they were charged with a violation of section 240.35(3) or 240.35(7). The Clerk of the Court is directed to close this motion (Docket Number 16). A conference is scheduled for May 6, 2009, at 3:30 p.m. (Signed by Judge Shira A. Scheindlin on 4/28/09) (tro) Modified on 4/30/2009 (jab). (Entered: 04/29/2009)

SCHEDULING ORDER: A schedule for the production of documents or in accordance with Rule 34 July 6, 2009. December 15, 2009 - expert reports exchanged; January 15, 2010 - rebuttal and depositions completed by February 15, 2010. Fact discovery to be completed by December 1, 2009. Final pre-trial conference pursuant to F.R.C.P. 16(d) will be held on December 9, 2009 at 4:30 p.m. Anticipated length of trial is 3 weeks. This case is to be tried by a jury. (Signed by Judge Shira A. Scheindlin on 5/6/2009) (jfe) (Entered: 05/07/2009)

ORDER; For the reasons stated on the record at the conference held in the above-captioned case on 5/26/09, this Court's opinion of 4/28/09 is hereby withdrawn. (Signed by Judge Shira A. Scheindlin on 5/26/09) (tro) Modified on 6/3/2009 (jab). (Entered: 05/27/2009)

AMENDED OPINION AND ORDER # 97458; granting in full re: 16 MOTION to Certify Class, filed by Paul Casale. (Signed by Judge Shira A. Scheindlin on 6/1/09) (ae) (Entered: 06/19/2009)

MANDATE of USCA (Certified Copy) USCA Case Number 09-2065-mv. IT IS HEREBY ORDERED that the motion to withdraw the petition pursuant to 23(f) for permission to appeal, filed on May 15, 2009, is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 6/24/2009. (nd) (Entered: 06/25/2009)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Reopen Time to Appeal the Amended Order and Opinion dated June 1, 2009. Document filed by Raymond W. Kelly, City of New York.(Seligman, Rachel) Modified on 6/29/2009 (kco). (Entered: 06/26/2009)

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Rachel Seligman Weiss in Support re: 28 MOTION to Reopen Time to Appeal the Amended Order and Opinion dated June 1, 2009.. Document filed by Raymond W. Kelly, City of New York. (Seligman, Rachel) Modified on 6/29/2009 (kco). (Entered: 06/26/2009)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Motion. Document filed by Raymond W. Kelly, City of New York. (Seligman, Rachel) Modified on 6/29/2009 (kco). (Entered: 06/26/2009)

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Note to Attorney Rachel Seligman to RE−FILE Document 30 Notice (Other), 28 MOTION to Reopen Time to Appeal the Amended Order and Opinion dated June 1, 2009 . Use the event type MOTION TO REOPEN found under the event list MOTIONS. ***PLEASE FILE THIS DOCUMENT AS A MOTION FIRST*** (kco) (Entered: 06/29/2009)

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Note to Attorney Rachel Seligman to RE−FILE Document 28 MOTION to Reopen Time to Appeal the Amended Order and Opinion dated June 1, 2009 . Use the event type MEMORANDUM OF LAW IN SUPPORT found under the event list REPLIES, OPPOSITIONS AND SUPPORTING DOCUMENTS. ***LINK THIS DOCUMENT TO THE CORRECTLY RE−FILED MOTION TO REOPEN*** (kco) (Entered: 06/29/2009)

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Rachel Seligman to RE−FILE Document 29 Declaration in Support of Motion, ERROR(S): FILINGS CANNOT BE LINKED TO DEFICIENT DOCKET ENTRIES. ***PLEASE RE−FILE THIS DOCUMENT AND LINK IT TO THE CORRECTLY RE−FILED MOTION TO REOPEN*** (kco) (Entered: 06/29/2009)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Rachel Seligman to RE-FILE Document 30 Notice (Other), 28 MOTION to Reopen Time to Appeal the Amended Order and Opinion dated June 1, 2009. Use the event type MOTION TO REOPEN found under the event list MOTIONS. ***PLEASE FILE THIS DOCUMENT AS A MOTION FIRST*** (kco)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Rachel Seligman to RE-FILE Document 28 MOTION to Reopen Time to Appeal the Amended Order and Opinion dated June 1, 2009. Use the event type MEMORANDUM OF LAW IN SUPPORT found under the event list REPLIES, OPPOSITIONS AND SUPPORTING DOCUMENTS. ***LINK THIS DOCUMENT TO THE CORRECTLY RE-FILED MOTION TO REOPEN*** (kco)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Rachel Seligman to RE-FILE Document 29 Declaration in Support of Motion, ERROR(S): FILINGS CANNOT BE LINKED TO DEFICIENT DOCKET ENTRIES. ***PLEASE RE-FILE THIS DOCUMENT AND LINK IT TO THE CORRECTLY RE-FILED MOTION TO REOPEN*** (kco)

MEMORANDUM OF LAW in Support re: 28 MOTION to Reopen Time to Appeal the Amended Order and Opinion dated June 1, 2009.. Document filed by Raymond W. Kelly, City of New York. (Seligman, Rachel) (Entered: 06/30/2009)

DECLARATION of Rachel Seligman Weiss in Support re: 28 MOTION to Reopen Time to Appeal the Amended Order and Opinion dated June 1, 2009.. Document filed by Raymond W. Kelly, City of New York. (Seligman, Rachel) (Entered: 06/30/2009)

ORDER: Therefore, the period during which defendants may file a petition for leave to appeal the Order is hereby reopened for a period of ten days. (Signed by Judge Shira A. Scheindlin on 6/29/2009) (jpo) (Entered: 06/30/2009)

TRANSCRIPT of proceedings held on May 6, 2009 before Judge Shira A. Scheindlin. (djc) (Entered: 07/01/2009)

Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Discovery Hearing held on 10/21/2009. (mro) (Entered: 10/23/2009)

Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Discovery Hearing held on 10/21/2009. (mro)

TRANSCRIPT of proceedings held on November 9, 2009 before Judge Shira A. Scheindlin. (mro) (Entered: 12/09/2009)

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Katherine Rosenfeld dated 12/22/09 re: Request by plaintiff to file a brief of not more than 40 pages in length. ENDORSEMENT: Parties to every case think that the issues presented in their case are unique. If that were true, rules would be irrelevant. There is no basis to grant plaintiffs' substantial page-limit extension request. Each side may file briefs of no more than 33 pages. So ordered. (Signed by Judge Shira A. Scheindlin on 12/22/09) (cd) (Entered: 12/28/2009)

MOTION for Preliminary Injunction Contempt, and Discovery Sanctions. Document filed by Paul Casale, Anthony Garcia.(Rosenfeld, Katherine) (Entered: 12/23/2009)

MEMORANDUM OF LAW in Support re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions.. Document filed by Paul Casale, Anthony Garcia. (Rosenfeld, Katherine) (Entered: 12/23/2009)

DECLARATION of J. McGregor Smyth in Support re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions.. Document filed by Paul Casale, Anthony Garcia. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Rosenfeld, Katherine) (Entered: 12/23/2009)

DECLARATION of Katherine Rosenfeld in Support re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions.. Document filed by Paul Casale, Anthony Garcia. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Errata 7, # 8 Exhibit 8, Part 1, # 9 Exhibit 8, Part 2, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15)(Rosenfeld, Katherine) (Entered: 12/23/2009)

TRANSCRIPT of proceedings held on December 9, 2009 4:47 p.m. before Judge Shira A. Scheindlin. (ajc) (Entered: 01/04/2010)

ENDORSED LETTER addressed to Judge Shira A.Scheindlin from Rachedl Seligman dated 2/8/10 re: Request for a 3 day extension of time from 2/8/10 until 2/11/10 for defendants to file their opposition to plaintiff's motion for contempt. ENDORSEMENT: Request DENIED. Six weeks is more than enough time to respond. And asking for an adjournment on the day a submission is due is unprofessional. The City's response is due by 11:59 pm-on 2/8/10. Any later submission will be rejected and not considered. (Signed by Judge Shira A. Scheindlin on 2/8/10) (cd) (Entered: 02/08/2010)

DECLARATION of Rosemary Debellis, Esq. in Opposition re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions.. Document filed by Raymond W. Kelly, City of New York. (Attachments: # 1 Exhibit Exhibit F, # 2 Exhibit G through O, # 3 Exhibit P through W)(Seligman, Rachel) (Entered: 02/08/2010)

DECLARATION of Rachel Seligman Weiss in Opposition re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions.. Document filed by Raymond W. Kelly, City of New York. (Attachments: # 1 Exhibit A through G, # 2 Exhibit H through L, # 3 Exhibit M through O)(Seligman, Rachel) (Entered: 02/08/2010)

MEMORANDUM OF LAW in Opposition re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions.. Document filed by Raymond W. Kelly, City of New York. (Seligman, Rachel) (Entered: 02/08/2010)

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Rachel Seligman-Weiss dated 2/8/2010 re: ACC writes requesting permission for leave to file a declaration in opposition to plaintiff's motion for contempt, a preliminary injunction, and discovery sanctions which exceeds 10 pages in length and 15 exhibits. ENDORSEMENT: Defendant's request to file an oversize declaration is hereby granted. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 2/9/2010) (tve) (Entered: 02/09/2010)

ENDORSED LETTER: addressed to Judge SHira A. Scheindlin from Rachel Seligman dated 2/11/2010 re: Defendants request leave to file the attached redated Exhibit E as a substitute for the Original Exhibit E with to the Declaration of Rachel Seligman Weiss. ENDORSEMENT: Defendants' request to submit a substitute, redacted version of Exhibit E to the Declaration of Rachel Seligman Weiss (filed February 8, 2010) is hereby granted. The Clerk of the Court is directed to replace the current, unredacted Exhibit E with redacted version to be submitted by defendants. So Ordered. (Signed by Judge Shira A. Scheindlin on 2/11/2010) (js) (Entered: 02/16/2010)

REPLY AFFIRMATION of Katherine Rosenfeld, Esq. in Support re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions.. Document filed by Paul Casale. (Attachments: # 1 Exhibit Exhibit I, # 2 Exhibit Exhibit J, # 3 Exhibit Exhibit K)(Rosenfeld, Katherine) (Entered: 02/22/2010)

REPLY MEMORANDUM OF LAW in Support re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions.. Document filed by Paul Casale. (Rosenfeld, Katherine) (Entered: 02/22/2010)

REPLY AFFIRMATION of J. McGregor Smyth in Support re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions.. Document filed by Paul Casale. (Attachments: # 1 Exhibit A)(Rosenfeld, Katherine) (Entered: 02/22/2010)

DECLARATION of Katherine Rosenfeld in Support re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions.. Document filed by Paul Casale. (Rosenfeld, Katherine) (Entered: 04/13/2010)

DECLARATION of Rosemary Debellis in Opposition re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions.. Document filed by Raymond W. Kelly, City of New York. (Seligman, Rachel) (Entered: 04/13/2010)

DECLARATION of J. McGregor Smyth Jr. in Support re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions.. Document filed by Paul Casale. (Smyth, J.) (Entered: 04/23/2010)

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (LETTER) - RESPONSE to Motion re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions. Requested by Court. Document filed by City of New York. (Donahue, Linda) Modified on 4/26/2010 (jar). (Entered: 04/23/2010)

***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 54 HAS BEEN REJECTED. Note to Attorney Linda Donahue : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (jar) (Entered: 04/26/2010)

***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 55 HAS BEEN REJECTED. Note to Attorney Linda Donahue : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (jar) (Entered: 04/26/2010)

Set/Reset Hearings: Status Conference set for 5/12/2010 at 02:30 PM before Judge Shira A. Scheindlin. (jfe) (Entered: 04/26/2010)

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (LETTER) - RESPONSE in Opposition re: 36 MOTION for Preliminary Injunction Contempt, and Discovery Sanctions. Requested by Court. Document filed by City of New York. (Donahue, Linda) Modified on 4/26/2010 (jar). (Entered: 04/26/2010)

***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 54 HAS BEEN REJECTED. Note to Attorney Linda Donahue : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (jar)

***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 55 HAS BEEN REJECTED. Note to Attorney Linda Donahue : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (jar)

Set/Reset Hearings: Status Conference set for 5/12/2010 at 02:30 PM before Judge Shira A. Scheindlin. (jfe)

OPINION AND ORDER: #98878 For the reasons set forth above, plaintiffs' motion for contempt and discovery sanctions is granted. Plaintiffs' motion for a preliminary injunction is denied without prejudice. Plaintiffs are directed to submit a fee application by May 14, 2010. The Clerk of the Court is directed to close this motion (document number 36). A conference is scheduled for May 12, 2010 at 2:30 p.m. (Signed by Judge Shira A. Scheindlin on 4/26/2010) (jfe) Modified on 4/26/2010 (jfe). Modified on 4/28/2010 (ajc). (Entered: 04/26/2010)

ENDORSED LETTER: addressed to Judge Shira A. Scheindlin from Linda Donahue dated 4/23/2010 re: Defendants submit the below response to Your Honor's questions of April 22, 2010. In the course of responding to Your Honor's questions a concern arose that the defendants may not have accounted for certain summonses for which OCA had provided hard copies but which did not appear in NYPD's database. While none of these summonses issued in the last six months, defendants request until 5:00 pm Monday to ascertain how this review impacts on defendants' calculations of summonses. We note that defendants had produced these summonses to plaintiffs in November 2009. ENDORSEMENT: The Clerk of Court is directed to docket this order. So Ordered. (Signed by Judge Shira A. Scheindlin on 4/26/2010) (js) (Entered: 04/27/2010)

ENDORSED LETTER: addressed to Judge Shira A. Scheindlin from Linda Donahue dated 4/26/2010. re: Pursuant to permission from the Court, defendants submit the below revision to defendants' April 23, 2010 responses to Your Honor's questions of April 22, 2010, which questions are reproduced below. These revisions include calculations for the last six months measured from September 2009-February 2010, per the Court's request of April 23, 2010, as well as additional summonses. ENDORSEMENT: The Clerk of Court is directed to docket this letter. So Ordered. (Signed by Judge Shira A. Scheindlin on 4/26/2010) (js) Modified on 4/27/2010 (js). (Entered: 04/27/2010)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Memorandum of Law) - MOTION for Reconsideration /Reargument of the Court's April 26, 2010 Contempt Order. Document filed by Raymond W. Kelly, City of New York.(Seligman, Rachel) Modified on 5/11/2010 (jar). (Entered: 05/10/2010)

FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Rachel Seligman Weiss in Support re: 59 MOTION for Reconsideration /Reargument of the Court's April 26, 2010 Contempt Order.. Document filed by Raymond W. Kelly, City of New York. (Seligman, Rachel) Modified on 5/11/2010 (jar). (Entered: 05/10/2010)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Motion for Reconsideration) - NOTICE of Motion for Reconsideration. Document filed by Raymond W. Kelly, City of New York. (Seligman, Rachel) Modified on 5/11/2010 (jar). (Entered: 05/11/2010)

MOTION for Reconsideration /Reargument of the Court's April 26, 2010 Order. Document filed by Raymond W. Kelly, City of New York.(Seligman, Rachel) (Entered: 05/11/2010)

MEMORANDUM OF LAW in Support re: 62 MOTION for Reconsideration /Reargument of the Court's April 26, 2010 Order.. Document filed by Raymond W. Kelly, City of New York. (Seligman, Rachel) (Entered: 05/11/2010)

DECLARATION of Rachel Seligman Weiss in Support re: 62 MOTION for Reconsideration /Reargument of the Court's April 26, 2010 Order.. Document filed by Raymond W. Kelly, City of New York. (Seligman, Rachel) (Entered: 05/11/2010)

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Note to Attorney J. McGregor Smyth to RE−FILE Document 66 MOTION for Attorney Fees pursuant to Court's Order of 4/26/10 . Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db) (Entered: 05/24/2010)

MOTION for Attorney Fees pursuant to Court's Order of 4/26/10. Document filed by Paul Casale.(Smyth, J.) (Entered: 05/21/2010)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Attorney Fees pursuant to Court's Order of 4/26/10. Document filed by Paul Casale. (Attachments: # 1 Exhibit Ex. A-C)(Smyth, J.) Modified on 5/24/2010 (db). (Entered: 05/21/2010)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney J. McGregor Smyth to RE-FILE Document 66 MOTION for Attorney Fees pursuant to Court's Order of 4/26/10. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)

DECLARATION of J. McGregor Smyth Jr. in Support re: 65 MOTION for Attorney Fees pursuant to Court's Order of 4/26/10.. Document filed by Paul Casale. (Attachments: # 1 Exhibit Ex. A-C)(Smyth, J.) (Entered: 05/22/2010)

DECLARATION of Matthew Brinckerhoff in Support re: 65 MOTION for Attorney Fees pursuant to Court's Order of 4/26/10.. Document filed by Paul Casale. (Smyth, J.) (Entered: 05/22/2010)

DECLARATION of Katherine Rosenfeld in Support re: 65 MOTION for Attorney Fees pursuant to Court's Order of 4/26/10.. Document filed by Paul Casale. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Smyth, J.) (Entered: 05/22/2010)

MEMORANDUM OF LAW in Support re: 65 MOTION for Attorney Fees pursuant to Court's Order of 4/26/10.. Document filed by Paul Casale. (Smyth, J.) (Entered: 05/22/2010)

TRANSCRIPT of proceedings held on 5/12/2010 before Judge Shira A. Scheindlin. (tro) (Entered: 06/04/2010)

***DELETED DOCUMENT. Deleted document number 72 ENDORSED LETTER. The document was duplicated in this case. (jfe) (Entered: 06/08/2010)

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Rachel Seligman Weiss dated 6/3/2010 re: Defendants request that their submissions of an opposition to plaintiffs' motion be held in abeyance pending the parties negotiations. ENDORSEMENT: Defendants' request is granted. The parties shall report to the Court. In June 11, 2010 regarding their fee negotiations. No further extensions will be given unless plaintiffs withdraw their motion. (Signed by Judge Shira A. Scheindlin on 6/3/2010) (jpo) (Entered: 06/03/2010)

***DELETED DOCUMENT. Deleted document number 72 ENDORSED LETTER. The document was duplicated in this case. (jfe)