Case: Casale v. Kelly

1:08-cv-02173 | U.S. District Court for the Southern District of New York

Filed Date: March 11, 2008

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On March 11, 2008, individuals who were arrested in New York for loitering filed a class action suit in U.S. District Court for the Southern District for New York. The plaintiffs filed against the City of New York for continuing to enforce loitering statutes s. 240.35(3) and (7) of the NY Penal Law after both were declared unconstitutional. These provisions dealt with loitering for the purpose of engaging in sexual conduct and loitering in a transportation facility without sufficient reason. 24…

On March 11, 2008, individuals who were arrested in New York for loitering filed a class action suit in U.S. District Court for the Southern District for New York. The plaintiffs filed against the City of New York for continuing to enforce loitering statutes s. 240.35(3) and (7) of the NY Penal Law after both were declared unconstitutional. These provisions dealt with loitering for the purpose of engaging in sexual conduct and loitering in a transportation facility without sufficient reason. 240.35(3) was notable for being used to harass gay men seeking to engage in consensual sexual activity.

In June of 2009, plaintiff's motion for class certification was granted. The class consisted of all persons who had been arrested, charged, or prosecuted for a violation of 240.35(3) or (7).

Judge Scheindlin marked this case as related with Brown v. Kelly as both dealt with loitering statutes previously held unconstitutional. For a full summary of the outcome, see Brown v. Kelly in the Clearinghouse PN-NY-0042.

The plaintiff classes in Casale and Brown settled for $15 million plus attorney's fees, and the City was ordered to removed all records relating to those arrested or charged under the loitering statutes, as well as to conduct officer training.

Summary Authors

Dan Hofman (2/10/2016)

Related Cases

Brown v. Kelly, Southern District of New York (2005)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4340521/parties/casale-v-kelly/


Judge(s)

Katz, Theodore H. (New York)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Greenberger, Debra L. (New York)

Kovel, Mariana Louise (New York)

Rosenfeld, Katherine (New York)

Smyth, J. McGregor Jr. (New York)

Ward, Earl (New York)

Attorneys(s) for Defendant

Seligman, Rachel Amy (New York)

Judge(s)

Katz, Theodore H. (New York)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Brinckerhoff, Matthew D. (New York)

Greenberger, Debra L. (New York)

Kovel, Mariana Louise (New York)

Rosenfeld, Katherine (New York)

Smyth, J. McGregor Jr. (New York)

Ward, Earl (New York)

Attorneys(s) for Defendant

Seligman, Rachel Amy (New York)

Documents in the Clearinghouse

Document

1:08-cv-02173

Docket [PACER]

April 23, 2015

April 23, 2015

Docket
1

1:08-cv-02173

Complaint

March 4, 2008

March 4, 2008

Complaint
26

1:08-cv-02173

Order/Opinion [class action granted]

257 F.R.D. 396

June 1, 2009

June 1, 2009

Order/Opinion
56

1:08-cv-02173

Order/Opinion [Contempt of Court]

710 F.Supp.2d 347

April 26, 2010

April 26, 2010

Order/Opinion
202

1:08-cv-02173

Settlement [Final Judgment]

Jan. 3, 2013

Jan. 3, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4340521/casale-v-kelly/

Last updated Aug. 13, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

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)

March 4, 2008

March 4, 2008

RECAP

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)

March 4, 2008

March 4, 2008

PACER

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

March 4, 2008

March 4, 2008

PACER

Case Designated ECF. (rdz)

March 4, 2008

March 4, 2008

PACER

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

March 11, 2008

March 11, 2008

PACER
2

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

March 11, 2008

March 11, 2008

RECAP

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

March 11, 2008

March 11, 2008

PACER
3

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)

March 19, 2008

March 19, 2008

RECAP
4

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)

March 19, 2008

March 19, 2008

RECAP
5

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)

March 19, 2008

March 19, 2008

RECAP
6

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)

April 4, 2008

April 4, 2008

RECAP
7

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)

April 24, 2008

April 24, 2008

RECAP
8

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)

April 24, 2008

April 24, 2008

RECAP
9

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)

May 2, 2008

May 2, 2008

RECAP
10

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

June 2, 2008

June 2, 2008

RECAP
11

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)

June 11, 2008

June 11, 2008

RECAP
12

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)

Aug. 7, 2008

Aug. 7, 2008

RECAP
13

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)

Oct. 21, 2008

Oct. 21, 2008

PACER
14

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)

Oct. 29, 2008

Oct. 29, 2008

PACER
15

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)

Oct. 29, 2008

Oct. 29, 2008

PACER
16

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

Dec. 8, 2008

Dec. 8, 2008

PACER
17

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

Dec. 8, 2008

Dec. 8, 2008

PACER
18

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

Dec. 8, 2008

Dec. 8, 2008

PACER
19

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)

Jan. 12, 2009

Jan. 12, 2009

PACER
20

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)

Jan. 12, 2009

Jan. 12, 2009

PACER
21

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

Jan. 26, 2009

Jan. 26, 2009

PACER
22

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)

Jan. 26, 2009

Jan. 26, 2009

PACER
23

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)

April 28, 2009

April 28, 2009

RECAP
24

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)

May 7, 2009

May 7, 2009

PACER
25

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)

May 26, 2009

May 26, 2009

PACER
26

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)

June 1, 2009

June 1, 2009

RECAP
27

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)

June 25, 2009

June 25, 2009

PACER
28

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)

June 26, 2009

June 26, 2009

PACER
29

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)

June 26, 2009

June 26, 2009

PACER
30

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)

June 26, 2009

June 26, 2009

PACER

***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)

June 29, 2009

June 29, 2009

PACER

***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)

June 29, 2009

June 29, 2009

PACER

***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)

June 29, 2009

June 29, 2009

PACER
31

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)

June 30, 2009

June 30, 2009

PACER
32

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)

June 30, 2009

June 30, 2009

PACER
33

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)

June 30, 2009

June 30, 2009

PACER
34

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

June 30, 2009

June 30, 2009

PACER

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

Oct. 21, 2009

Oct. 21, 2009

PACER
35

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

Dec. 8, 2009

Dec. 8, 2009

PACER
40

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)

Dec. 22, 2009

Dec. 22, 2009

PACER
36

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

Dec. 23, 2009

Dec. 23, 2009

PACER
37

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)

Dec. 23, 2009

Dec. 23, 2009

PACER
38

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)

Dec. 23, 2009

Dec. 23, 2009

PACER
39

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)

Dec. 23, 2009

Dec. 23, 2009

PACER
41

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

Jan. 4, 2010

Jan. 4, 2010

PACER
42

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)

Feb. 8, 2010

Feb. 8, 2010

PACER
43

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)

Feb. 8, 2010

Feb. 8, 2010

PACER
44

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)

Feb. 8, 2010

Feb. 8, 2010

PACER
45

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)

Feb. 8, 2010

Feb. 8, 2010

PACER
46

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)

Feb. 9, 2010

Feb. 9, 2010

PACER
47

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)

Feb. 11, 2010

Feb. 11, 2010

PACER
48

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)

Feb. 22, 2010

Feb. 22, 2010

PACER
49

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)

Feb. 22, 2010

Feb. 22, 2010

PACER
50

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)

Feb. 22, 2010

Feb. 22, 2010

PACER
51

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)

April 13, 2010

April 13, 2010

PACER
52

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)

April 13, 2010

April 13, 2010

PACER
53

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)

April 23, 2010

April 23, 2010

PACER
54

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)

April 23, 2010

April 23, 2010

PACER
55

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)

April 26, 2010

April 26, 2010

PACER

***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)

April 26, 2010

April 26, 2010

PACER

***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)

April 26, 2010

April 26, 2010

PACER

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

April 26, 2010

April 26, 2010

PACER
56

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)

April 26, 2010

April 26, 2010

RECAP
57

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)

April 27, 2010

April 27, 2010

PACER
58

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)

April 27, 2010

April 27, 2010

PACER
59

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)

May 10, 2010

May 10, 2010

PACER
60

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)

May 10, 2010

May 10, 2010

PACER
61

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)

May 11, 2010

May 11, 2010

PACER
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)

May 11, 2010

May 11, 2010

PACER
63

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)

May 11, 2010

May 11, 2010

PACER
64

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)

May 11, 2010

May 11, 2010

PACER
65

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

May 21, 2010

May 21, 2010

PACER
66

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)

May 21, 2010

May 21, 2010

PACER

***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)

May 21, 2010

May 21, 2010

PACER
67

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)

May 22, 2010

May 22, 2010

PACER
68

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)

May 22, 2010

May 22, 2010

PACER
69

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)

May 22, 2010

May 22, 2010

PACER
70

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)

May 22, 2010

May 22, 2010

PACER
73

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

June 2, 2010

June 2, 2010

PACER
71

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)

June 3, 2010

June 3, 2010

PACER

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

June 3, 2010

June 3, 2010

PACER
74

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Theodore H. Katz. ENDORSEMENT: September would be best. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 6/29/2010) (tve) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

PACER
75

STIPULATION AND SETTLEMENT OF ATTORNEYS' FEES. Defendant City of New York shall pay to plaintiffs' counsel Emery Celli Brinckerhoff & Abady LLP the sum total of One Hundred and Seventy-Five Thousand Dollars ($175,000.00) for work conducted by ECBA and The Bronx Defenders in this action in connection with plaintiffs' motion for contempt, a preliminary injunction and discovery sanctions dated December 23, 2009. This payment shall be in full satisfaction of all claims by ECBA, The Bronx Defenders, and/or plaintiffs for attorneys' fees, costs and/or expenses accrued in connection with plaintiffs' motion for contempt, a preliminary injunction and discovery sanctions dated December 23, 2009, as reflected in plaintiffs' attorneys' timesheets submitted as exhibits to plaintiffs' motion for attorneys' fees dated May 21, 2010. In the event of any future award of attorneys' fees and costs in this action, plaintiffs' counsel and/or plaintiffs will not seek any additional compensation for attorneys' fees, costs and/or expenses accrued in connection with plaintiffs' motion for contempt, a preliminary injunction and discovery sanctions dated December 23, 2009. Relates to 08-2173, 05-5442. (Signed by Judge Shira A. Scheindlin on 7/6/10) (rjm) (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

PACER

Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Settlement Conference held on 9/30/2010. (mro)

Sept. 30, 2010

Sept. 30, 2010

PACER
76

ORDER denying 62 Motion for Reconsideration ; denying 65 Motion for Attorney Fees. For all of the reasons stated on the record at the May 12, 2010 conference, defendants' motion for reconsideration of the April 26, 2010 Opinion and Order is denied, except that the orders stated in footnote 59 of that opinion are vacated due to an agreement between parties. Plaintiffs' motion for attorney fees is denied as moot. The parties settled this issue. The Clerk of Court is directed to close these motions (Docket Entries ## 62 and 65). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 10/8/2010) (jmi) (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

PACER

Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Initial Pretrial Conference held on 10/22/2010. (mbe)

Oct. 22, 2010

Oct. 22, 2010

PACER
77

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Rachel Seligman Weiss dated 10/19/2010 re: Defendants respectfully request that the Court schedule a pre-motion conference to address vacating the contempt order of 4/26/2010 or in the alternative, extending the 6 month grace period for an additional 6 months or until the cases are closed. Defendants respectfully urge the Court to lift a sanction that would, at this point have only a punitive rather than a corrective effect. ENDORSEMENT: Request granted in part. The six - month grace period of the Court's contempt order is hereby extended for an additional six months through April 26, 2011. So Ordered. (Signed by Judge Shira A. Scheindlin on 10/27/2010) (jfe) (Entered: 10/27/2010)

Oct. 27, 2010

Oct. 27, 2010

PACER
78

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Katherine Rosenfeld, dated 11/12/2010, re: This office represents the plaintiffs in the above-captioned actions. On behalf all parties, we write to jointly request that the Court extend the fact discovery deadline in this case beyond the current deadline of November 30, 2010. The reason for this request is that ongoing settlement discussions could obviate the need for additional fact discovery, and in particular for the depositions of several New York City Police Department ("NYPD") supervisory officials who were noticed for their depositions in August 2010. Therefore, the parties wish to exhaust settlement discussions before completing the final segment of fact discovery relating to municipal liability under Monell v. Department of Soc. Services., 436 U.S. 658 (1978), including the depositions of the witnesses listed herein. The parties respectfully request that we be permitted to update the Court at the next scheduled conference before Your Honor on December 15,2010 at 4:30 pm regarding (1) the status of settlement; and (2) the proposed final date for the completion of fact discovery. ENDORSEMENT: The parties request for an adjournment of the fact discovery deadline, currently set for 11/13/2010, is hereby granted. A final end date will be determined at the conference, scheduled for 12/15/10 at 4:30 pm. (Status Conference set for 12/15/2010 at 04:30 PM before Judge Shira A. Scheindlin) (Signed by Judge Shira A. Scheindlin on 11/15/2010) (lnl) (Entered: 11/16/2010)

Nov. 16, 2010

Nov. 16, 2010

PACER

Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Settlement Conference held on 11/18/2010. (mro)

Nov. 18, 2010

Nov. 18, 2010

PACER

Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Settlement Conference held on 12/7/2010. (mbe)

Dec. 7, 2010

Dec. 7, 2010

PACER
79

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Katherine Rosenfeld, dated 12/13/2010, re: On behalf of all parties, counsel writes to jointly request that the Court adjourn the status conference before Your Honor on Wednesday, December 15th at 4:30pm. ENDORSEMENT: Conference adjourned to January 18 at 4:30. So Ordered. (Status Conference set for 1/18/2011 at 04:30 PM before Judge Shira A. Scheindlin) (Signed by Judge Shira A. Scheindlin on 12/13/2010) (lnl) (Entered: 12/13/2010)

Dec. 13, 2010

Dec. 13, 2010

PACER

Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Settlement Conference held on 12/15/2010. (mro)

Dec. 15, 2010

Dec. 15, 2010

PACER

Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Settlement Conference held on 1/10/2011. (mro)

Jan. 10, 2011

Jan. 10, 2011

PACER
80

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Katherine Rosenfeld, dated 4/6/2011, re: Counsel for the plaintiffs write on behalf of all parties to request a brief adjournment of the conference scheduled before Your Honor on April 13, 2011. ENDORSEMENT: Plaintiffs' request is granted. The conference is adjourned to April 22, 2011 at 4:30 pm. SO ORDERED. (Status Conference set for 4/22/2011 at 04:30 PM before Judge Shira A. Scheindlin) (Signed by Judge Shira A. Scheindlin on 4/6/2011) (lnl) (Entered: 04/07/2011)

April 6, 2011

April 6, 2011

PACER
81

MANDATE of USCA (Certified Copy) USCA Case Number 09-2883-mv. Petitioners, through counsel, move, pursuant to FRCP 23(f), for leave to appeal the District Court's order granting Respondents' motion for class certification. Upon due consideration, it is hereby ORDERED that the petition is DENIED because an immediate appeal is unwarranted. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 01/06/2011. (nd) (Entered: 04/13/2011)

April 13, 2011

April 13, 2011

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 11, 2008

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of New York City who were arrested or prosecuted for loitering.

Plaintiff Type(s):

Private Plaintiff

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):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $15 million

Content of Injunction:

Training

Issues

General:

Pattern or Practice

Affected Gender:

Female

Male