Case: Hardy v. DC

1:09-cv-01062 | U.S. District Court for the District of Columbia

Filed Date: June 8, 2009

Closed Date: 2014

Clearinghouse coding complete

Case Summary

This lawsuit relates to civil forfeiture, a practice of many police departments across the county under which the departments seize money that they claim is being used for illicit purposes. The resulting process is civil rather than criminal. In the District of Columbia, civil forfeiture is authorized by D.C. Code § 48-905.02, which allows police to seize money they believe is involved in a violation of the Controlled Substances Act. However, the law also requires that the Government of the Di…

This lawsuit relates to civil forfeiture, a practice of many police departments across the county under which the departments seize money that they claim is being used for illicit purposes. The resulting process is civil rather than criminal. In the District of Columbia, civil forfeiture is authorized by D.C. Code § 48-905.02, which allows police to seize money they believe is involved in a violation of the Controlled Substances Act. However, the law also requires that the Government of the District of Columbia (the District) provide “. . . written notice of the seizure together with information applicable to the procedures for claiming the property,” to the person from whom the money is seized and, if the person replies within 30 days, that the District either returns the money or begins civil forfeiture proceedings within a year of resolution of the underlying charges.

The two plaintiffs in this case had money seized from them after being arrested by the District of Columbia Metropolitan Police Department (MPD) on suspicion of trafficking narcotics, but were neither given the required notice nor had proceedings brought against them within a year of resolution of the underlying charges against them. In response, plaintiffs sued the District under 42 U.S.C. § 1983, in the U.S. District Court for the District of Columbia. They argued that the District had violated their Fifth Amendment Due Process rights by taking their money without following the procedure required by D.C. Code § 48-905.02. Plaintiffs asked the Court to: grant the plaintiffs class action certification to represent other persons who had had money seized by the MPD without notification or timely forfeiture proceedings; issue a declaration that the District had violated plaintiffs’ constitutional rights; issue an injunction requiring the District to alter its practices to conform to D.C. Code § 48-905.02; order the District of Columbia to return all money unlawfully retained, plus restitution for loss of use; award the named plaintiffs and class members compensatory damages; and award the plaintiffs reasonable attorney’s fees and costs.

After two motions for class certification by plaintiffs had been rejected without prejudice on March 10, 2010 (when the issue was deemed not yet ripe), and February 28, 2012 (as overbroad), the second judge assigned to the case, Judge Robert L. Wilkins, granted the plaintiffs' third request for class certification on August 22, 2012. 283 F.R.D. 20 (D.D.C. 2012). Plaintiffs’ class included persons who (1) were arrested by an officer of the District of Columbia Metropolitan Police Department ("MPD") (2) had cash taken from their persons by the MPD (3) were not given their cash back by the MPD because the MPD kept that cash (4) on or after June 8, 2006, and on or before May 24, 2012, had an administrative forfeiture notice mailed to them by the District but didn’t send back a signed mail receipt (5) were not re-sent a notice regarding the cash upon failing to send a signed mail receipt and, (6) didn’t have a civil forfeiture action filed against them by the district within one year of the resolution of the underlying criminal charges against them. Plaintiffs’ class also included persons who met steps 1, 2, 3, 4, and 6 of the previous list, but were held by or in the custody of the District of Columbia Department of Corrections when administrative forfeiture notice was sent, and neither received the notice at their place of incarceration nor we re-sent notice after they were released from custody.

On November 4, 2013, plaintiffs and defendants notified the court that they had reached a settlement agreement and asked the court for preliminary approval of that settlement. Judge Wilkins granted preliminary approval of the agreement on December 20, 2014. After a final approval and fairness hearing on June 19, 2014, the third judge assigned to the case, Judge Christopher R. Cooper, approved a final settlement agreement. In the settlement agreement, plaintiffs dropped their request for declaratory and injunctive relief, and accepted an award of damages, attorneys’ fees, and costs. The total amount that defendants paid was $855,000 total, including: $2,500 to each of the class representatives as an award for bringing the class action suit; $14,001.85 for attorney's expenses; $52,665.15 to Class Action Administration, Inc. ("CAA"); $283,333 for attorney's fees; and $500,000 on approved claims to plaintiffs and other members of plaintiffs’ class. If the total of approved claims exceeded $500,000 total, the settlement agreement stipulated that payments to approved claimants would be reduced by the same percentage for all claimants to the extent necessary to prevent the total payout from exceeding $500,000. 49 F. Supp. 3d 48 (D.D.C. 2014).

Summary Authors

Ryan Berry (7/8/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4995222/parties/hardy-v-government-of-the-district-of-columbia/


Judge(s)

Cooper, Christopher Reid (District of Columbia)

Wilkins, Robert Leon (District of Columbia)

Attorneys(s) for Plaintiff

Day, Sean Robert (Maryland)

Escoto, Henry A. (District of Columbia)

Attorneys(s) for Defendant

Graham, Grace (District of Columbia)

Naso, Chad Alan (District of Columbia)

Rezneck, Daniel A. (District of Columbia)

Rosenbloom, Douglas Stuart (District of Columbia)

Utiger, Robert C. (District of Columbia)

Judge(s)

Cooper, Christopher Reid (District of Columbia)

Wilkins, Robert Leon (District of Columbia)

Attorneys(s) for Plaintiff

Day, Sean Robert (Maryland)

Escoto, Henry A. (District of Columbia)

Attorneys(s) for Defendant

Graham, Grace (District of Columbia)

Naso, Chad Alan (District of Columbia)

Rezneck, Daniel A. (District of Columbia)

Rosenbloom, Douglas Stuart (District of Columbia)

Utiger, Robert C. (District of Columbia)

Documents in the Clearinghouse

Document

Docket Sheet

Hardy v. D.C.

Sept. 22, 2014 Docket
1

Complaint

Hardy v. D.C.

June 8, 2009 Complaint
31

Memorandum Opinion

Hardy v. D.C.

Feb. 28, 2012 Order/Opinion
44

Order and Opinion

Hardy v. D.C.

283 F.R.D. 20

Aug. 22, 2012 Order/Opinion
67-1

Settlement Agreement

Hardy v. D.C.

Nov. 4, 2013 Settlement Agreement
78

Order and Opinion

Hardy v. D.C.

49 F.Supp.3d 48

June 20, 2014 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4995222/hardy-v-government-of-the-district-of-columbia/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT against GOVERNMENT OF THE DISTRICT OF COLUMBIA ( Filing fee $ 350, receipt number 4616021303) filed by ANTHONY HARDY, DONNELL MONTS. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 06/09/2009)

June 8, 2009
44

MEMORANDUM AND OPINION re 33 MOTION to Certify Class [Second Renewed]. Signed by Judge Robert L. Wilkins on 8/22/2012. (tcb)

Aug. 22, 2012 RECAP
78

MEMORANDUM OPINION AND ORDER OF FINAL APPROVAL OF CLASS ACTION SETTLEMENT re: Parties 75 Consent MOTION for Settlement (for Final Approval of Settlement of Class Action) and Parties 76 Unopposed MOTION for Attorney Fees (Final Approval);This Orde r shall constitute final judgment and have res judicata and collateral effect against all class members meeting the definition(s) above, except for those persons who have opted out (listed in Exhibit 3 to the Motion for Final Approval).(SEE ORDER FOR FULL DETAILS). Signed by Judge Christopher R. Cooper on 6/20/2014. (tcb)

June 20, 2014 RECAP

Summons (2) Issued as to GOVERNMENT OF THE DISTRICT OF COLUMBIA (Adrian M. Fenty, Mayor). (rdj) (Entered: 06/09/2009)

June 8, 2009
2

NOTICE of Appearance by Henry A. Escoto on behalf of ANTHONY HARDY, DONNELL MONTS (rdj) (Entered: 06/09/2009)

June 8, 2009
3

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GOVERNMENT OF THE DISTRICT OF COLUMBIA served on 8/5/2009, answer due 8/25/2009 (Escoto, Henry) (Entered: 08/16/2009)

Aug. 16, 2009
4

Consent MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Utiger, Robert) (Entered: 08/19/2009)

Aug. 19, 2009

Set/Reset Deadlines/Hearings: Answer to complaint due by 9/25/2009. (cdw) (Entered: 08/20/2009)

Aug. 19, 2009
5

NOTICE of Appearance by Sean Robert Day on behalf of all plaintiffs (Day, Sean) (Entered: 09/04/2009)

Sept. 4, 2009
6

MOTION to Certify Class by ANTHONY HARDY (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit 2, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 6A, # 8 Exhibit Exhibit 6B, # 9 Errata Exhibit 7, # 10 Exhibit Exhibit 7A, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit, # 50 Text of Proposed Order)(Escoto, Henry) (Entered: 09/08/2009)

Sept. 8, 2009
7

Consent MOTION for Extension of Time to File Response/Reply as to 6 MOTION to Certify Class by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Utiger, Robert) (Entered: 09/21/2009)

Sept. 21, 2009

MINUTE ORDER granting 7 Defendant's Motion for Extension of Time. DC shall file its opposition to Plaintiffs' motion to certify class no later than September 30, 2009. Signed by Judge Rosemary M. Collyer on 9/22/09. (lcrmc2) (Entered: 09/22/2009)

Sept. 22, 2009

Set/Reset Deadlines: DC's response due by 9/30/2009. (cdw) (Entered: 09/22/2009)

Sept. 22, 2009
8

ANSWER to 1 Complaint with Jury Demand by GOVERNMENT OF THE DISTRICT OF COLUMBIA. Related document: 1 Complaint filed by ANTHONY HARDY, DONNELL MONTS.(Utiger, Robert) (Entered: 09/25/2009)

Sept. 25, 2009
9

Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion to Certify the Class by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Utiger, Robert) (Entered: 09/28/2009)

Sept. 28, 2009

MINUTE ORDER granting 9 DC's Consent Motion for Extension of Time. DC shall file its response to Plaintiffs' motion to certify class no later than October 2, 2009. Signed by Judge Rosemary M. Collyer on 9/28/09. (lcrmc2) (Entered: 09/28/2009)

Sept. 28, 2009

Set/Reset Deadlines: Response to 6 due by 10/2/2009. (cdw) (Entered: 09/29/2009)

Sept. 28, 2009
10

ORDER FOR INITIAL SCHEDULING CONFERENCE. The Initial Scheduling Conference is set for November 20, 2009 at 10:45 a.m. Signed by Judge Rosemary M. Collyer on 10/1/09. (lcrmc2) (Entered: 10/01/2009)

Oct. 1, 2009

Set/Reset Hearings: Initial Scheduling Conference set for 11/20/2009 10:45 AM in Courtroom 2 before Judge Rosemary M. Collyer. (cdw) (Entered: 10/02/2009)

Oct. 1, 2009
11

Memorandum in opposition to re 6 MOTION to Certify Class filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit 1−9)(Utiger, Robert) (Entered: 10/02/2009)

Oct. 2, 2009
12

Consent MOTION for Extension of Time to File Response/Reply as to 6 MOTION to Certify Class by ANTHONY HARDY, DONNELL MONTS (Day, Sean) (Entered: 10/08/2009)

Oct. 8, 2009

MINUTE ORDER granting 12 Plaintiffs' Consent Motion for Extension of Time. Plaintiffs shall file their reply to Defendant's opposition to motion for class certification no later than November 9, 2009. Signed by Judge Rosemary M. Collyer on 10/9/09. (lcrmc2) (Entered: 10/09/2009)

Oct. 9, 2009

Set/Reset Deadlines: Plaintiff's Reply due by 11/9/2009. (cdw) (Entered: 10/15/2009)

Oct. 9, 2009
14

MEET AND CONFER STATEMENT. (Day, Sean) (Entered: 11/10/2009)

Nov. 10, 2009

Minute Entry for proceedings held before Judge Rosemary M. Collyer: Scheduling Conference held on 11/20/2009. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 11/20/2009)

Nov. 20, 2009

MINUTE ORDER. Pursuant to the status conference held in open Court on November 20, 2009, Defendant's oral motion to file a surreply to Plaintiffs' motion for class certification is GRANTED. Defendant shall file its surreply no later than December 21, 2009. Plaintiffs may file a response to the surreply no later than January 11, 2010. Oral argument on Plaintiffs' motion for class certification is scheduled for February 26, 2010 at 10:30 a.m. Signed by Judge Rosemary M. Collyer on 11/19/09. (lcrmc2) (Entered: 11/20/2009)

Nov. 20, 2009
15

Consent MOTION for Extension of Time to File Response/Reply Sur−reply to Plaintiff's Motion for Class Certification by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Utiger, Robert) (Entered: 12/18/2009)

Dec. 18, 2009

MINUTE ORDER granting nunc pro tunc to December 21, 2009 15 Defendant's Motion for Extension of Time. Defendant shall file its surreply no later than December 23, 2009. Signed by Judge Rosemary M. Collyer on 12/22/09. (lcrmc2) (Entered: 12/22/2009)

Dec. 22, 2009
16

SURREPLY to Plaintiff's' Motion for Class Certification filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Utiger, Robert) (Entered: 12/23/2009)

Dec. 23, 2009
17

SURREPLY to re 6 MOTION to Certify Class filed by ANTHONY HARDY. (Escoto, Henry) (Entered: 01/11/2010)

Jan. 11, 2010

NOTICE of Hearing: Oral Argument is reset for 3/10/2010 at 11:30 AM in Courtroom 2 before Judge Rosemary M. Collyer. (cdw) (Entered: 02/26/2010)

Feb. 26, 2010

MINUTE ORDER denying without prejudice 6 Plaintiffs' Motion to Certify Class for the reasons stated in open Court at a hearing on March 10, 2010. No later than March 24, 2010, the parties shall file a joint proposed class discovery plan, or if the parties cannot agree on a joint proposed plan, Plaintiffs shall file their proposed class discovery plan, and Defendant shall file its response no later than April 7, 2010. Signed by Judge Rosemary M. Collyer on 3/10/10. (lcrmc2) (Entered: 03/10/2010)

March 10, 2010

Set/Reset Deadlines/Hearings: Class Discovery Plan due by 3/24/2010. Response due by 4/7/2010. (cdw) (Entered: 03/11/2010)

March 10, 2010

Minute Entry for proceedings held before Judge Rosemary M. Collyer: Motion Hearing held on 3/10/2010 re 6 Motion to Certify Class. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 03/11/2010)

March 10, 2010
18

MEMORANDUM re Order on Motion to Certify Class, by ANTHONY HARDY, DONNELL MONTS. (Attachments: # 1 Exhibit (Proposed) Notice of Deposition)(Day, Sean) (Entered: 03/24/2010)

March 24, 2010
19

RESPONSE re 18 Memorandum Regarding Plaintiff's' Proposed Discovery Plan filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Utiger, Robert) (Entered: 04/07/2010)

April 7, 2010

MINUTE ORDER. Having carefully reviewed the transcript of the hearing held in open Court on March 10, 2010, the Court approves 18 Plaintiffs' Notice of Deposition Duces Tecum. If the scope of the Notice presents further issues, the parties are directed to call Chambers to schedule a telephone conference and not to file further discovery papers. Signed by Judge Rosemary M. Collyer on 4/8/10. (lcrmc2) (Entered: 04/08/2010)

April 8, 2010

MINUTE ORDER. Class discovery shall be completed no later than July 14, 2010. The Courtroom Deputy is directed to schedule a status conference for a date after July 14, 2010. Signed by Judge Rosemary M. Collyer on 4/14/10. (lcrmc2) (Entered: 04/14/2010)

April 14, 2010

NOTICE of Hearing: A Status Conference is set for 7/21/2010 at 10:00 AM in Courtroom 2 before Judge Rosemary M. Collyer. (cdw) (Entered: 04/21/2010)

April 21, 2010

MINUTE ORDER. Pursuant to the status conference held in open court on July 21, 2010, Plaintiffs shall file a motion to certify class by no later than August 23, 2010. Defendant shall file an opposition by no later than September 27, 2010. Plaintiffs may file a reply by no later than October 12, 2010. Signed by Judge Rosemary M. Collyer on 7/21/2010. (lcrmc2) (Entered: 07/21/2010)

July 21, 2010

Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 7/21/2010. (Court Reporter: Lisa Hand) (cdw) (Entered: 07/21/2010)

July 21, 2010

Set/Reset Deadlines/Hearings: Plaintiff's Motion due by 8/23/2010. Defendant's Response due by 9/27/2010. Plaintiff's Reply due by 10/12/2010. (cdw) (Entered: 07/22/2010)

July 21, 2010
20

Consent MOTION for Extension of Time to File Motion for Class Certification by ANTHONY HARDY, DONNELL MONTS (Day, Sean) (Entered: 08/23/2010)

Aug. 23, 2010
21

TRANSCRIPT OF PROCEEDINGS before Judge Rosemary M. Collyer held on 7−21−10; Page Numbers: 1−12. Date of Issuance:8−23−10. Court Reporter/Transcriber Lisa Hand, Telephone number 202−354−3269, Court Reporter Email Address : lisa_hand@dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi−page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty−one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 9/13/2010. Redacted Transcript Deadline set for 9/23/2010. Release of Transcript Restriction set for 11/22/2010.(Hand, Lisa) (Entered: 08/23/2010)

Aug. 23, 2010

MINUTE ORDER granting 20 Plaintiffs' consent motion for extension of time nunc pro tunc to August 23, 2010. Plaintiffs shall file a motion for class certification by no later than August 30, 2010. Signed by Judge Rosemary M. Collyer on 8/24/2010. (lcrmc2) (Entered: 08/24/2010)

Aug. 24, 2010

Set/Reset Deadlines/Hearings: Plaintiff's Motion due by 8/30/2010. (cdw) (Entered: 08/25/2010)

Aug. 24, 2010
22

MOTION to Certify Class # 2 by ANTHONY HARDY, DONNELL MONTS (Attachments: # 1 Exhibit Amended 1, # 2 Exhibit 3, # 3 Exhibit 7B, # 4 Exhibit 7C, # 5 Exhibit 26, # 6 Text of Proposed Order)(Day, Sean) (Entered: 08/30/2010)

Aug. 30, 2010
23

Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Renewed Motion for Class Certification by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Utiger, Robert) (Entered: 09/24/2010)

Sept. 24, 2010
24

Consent MOTION for Extension of Time to File Response/Reply Plaintiffs' Renewed Motion for Class Certification by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Utiger, Robert) (Entered: 09/24/2010)

Sept. 24, 2010

MINUTE ORDER granting Defendant's consent motion for an extension of time 24 . Defendant shall file an opposition to the Plaintiffs' renewed motion to certify a class 22 by no later than October 4, 2010. Plaintiffs may file a reply by no later than October 19, 2010. Accordingly, Defendant's motion for an extension of time 23 is denied as moot. Signed by Judge Rosemary M. Collyer on 9/24/2010. (lcrmc2) (Entered: 09/24/2010)

Sept. 24, 2010

Set/Reset Deadlines/Hearings: Response to 22 due by 10/4/2010. Reply due by 10/19/2010. (cdw) (Entered: 09/27/2010)

Sept. 24, 2010
25

Memorandum in opposition to re 22 MOTION to Certify Class # 2 filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Utiger, Robert) (Entered: 10/04/2010)

Oct. 4, 2010
26

REPLY to opposition to motion re 22 MOTION to Certify Class # 2 filed by ANTHONY HARDY, DONNELL MONTS. (Day, Sean) (Entered: 10/19/2010)

Oct. 19, 2010

Case reassigned to U.S. District Judge Robert L. Wilkins. Judge Rosemary M. Collyer no longer assigned to the case. (ds) (Entered: 01/19/2011)

Jan. 19, 2011
27

MOTION for Suggestion of Mootness re 22 by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit Judge Leon Opinion)(Rezneck, Daniel) Modified on 2/25/2011 modify event and add linkage(rdj). (Entered: 02/24/2011)

Feb. 24, 2011
28

Memorandum in opposition to re 27 MOTION filed by ANTHONY HARDY, DONNELL MONTS. (Day, Sean) (Entered: 03/10/2011)

March 10, 2011

MINUTE ORDER directing Defendant to file by April 26, 2011 any Reply in support of its Motion for Suggestion of Mootness (Docket 27) or a notice indicating that Defendant does not intend to file a Reply. Signed by Judge Robert L. Wilkins on 4/19/2011. (tcb) (Entered: 04/19/2011)

April 19, 2011
29

REPLY to opposition to motion re 27 MOTION filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Rezneck, Daniel) (Entered: 04/21/2011)

April 21, 2011
30

NOTICE of Filing by ANTHONY HARDY, DONNELL MONTS (Attachments: # 1 Exhibit Letter)(Escoto, Henry) (Entered: 01/04/2012)

Jan. 4, 2012

MINUTE ORDER: A Motion Hearing is hereby set for 2/15/2012 at 02:30 PM in Courtroom 17 before Judge Robert L. Wilkins. Signed by Judge Robert L. Wilkins on 2/1/12. (lcrlw1, ) (Entered: 02/01/2012)

Feb. 1, 2012

Minute Entry for proceedings held before Judge Robert L. Wilkins: Motion Hearing held on 2/15/2012 re Plaintiff's 22 MOTION to Certify Class and Defendant's 27 MOTION for Suggestion of Mootness re 22 MOTION to Certify Class. Motions heard and taken under advisement. (Court Reporter Annie Shaw) (tcb) (Entered: 02/15/2012)

Feb. 15, 2012
31

MEMORANDUM OPINION re: Defendant's 27 MOTION for Suggestion of Mootness and 22 MOTION to Certify Class. Signed by Judge Robert L. Wilkins on 2/28/2012. (tcb). (Entered: 02/28/2012)

Feb. 28, 2012
32

ORDER: it is hereby: ORDERED that Plaintiffs Motion to Certify Class #2 is DENIED WITHOUT PREJUDICE. If they so wish, Plaintiffs may re−file their motion within 30 days of this Order in accordance with the Courts Memorandum Opinion; and it is, FURTHER ORDERED that Defendants Motion for Suggestion of Mootness is hereby DENIED. Signed by Judge Robert L. Wilkins on 2/28/2012. (tcb) (Entered: 02/28/2012)

Feb. 28, 2012
33

MOTION to Certify Class [Second Renewed] by ANTHONY HARDY, DONNELL MONTS (Attachments: # 1 Exhibit 26−A, # 2 Exhibit 27, # 3 Exhibit 28, # 4 Exhibit 29, # 5 Exhibit 30, # 6 Text of Proposed Order)(Day, Sean) (Entered: 03/29/2012)

March 29, 2012

NOTICE of Hearing on Motion 33 MOTION to Certify Class Second Renewed: Motion Hearing set for 6/18/2012 at 2:30 PM in Courtroom 17 before Judge Robert L. Wilkins. (tcb) (Entered: 04/03/2012)

April 3, 2012
34

Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class [Second Renewed] by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Attachments: # 1 Text of Proposed Order)(Rezneck, Daniel) (Entered: 04/03/2012)

April 3, 2012

MINUTE ORDER: Granting 34 Defendant's Motion for Extension of Time to File Response. Defendants time in which to respond to Plaintiffs' renewed motion for class certification 33 is extended to and including April 27, 2012. Signed by Judge Robert L. Wilkins on 4/4/12. (lcrlw1) (Entered: 04/04/2012)

April 4, 2012
35

Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class [Second Renewed] by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Graham, Grace) (Entered: 04/26/2012)

April 26, 2012
36

ORDER granting 35 Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class [Second Renewed]; and it is further ORDERED that Defendants deadline to file its opposition to Plaintiffs Third Motion for Class Certification is May 2, 2012. Signed by Judge Robert L. Wilkins on 4/27/2012. (tcb) (Entered: 04/27/2012)

April 27, 2012
37

Memorandum in opposition to re 33 MOTION to Certify Class [Second Renewed] filed by GOVERNMENT OF THE DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Rezneck, Daniel) (Entered: 05/02/2012)

May 2, 2012
38

Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class [Second Renewed] by ANTHONY HARDY, DONNELL MONTS (Attachments: # 1 Text of Proposed Order)(Day, Sean) (Entered: 05/09/2012)

May 9, 2012
39

ORDER granting 38 Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class [Second Renewed]; and it further ORDERED that Plaintiffs' deadline to file its reply to Defendant's Opposition is extended to June 8, 2012. Signed by Judge Robert L. Wilkins on 5/10/2012. (tcb) (Entered: 05/10/2012)

May 10, 2012
40

REPLY to opposition to motion re 33 MOTION to Certify Class [Second Renewed] filed by ANTHONY HARDY, DONNELL MONTS. (Day, Sean) (Entered: 06/08/2012)

June 8, 2012

Minute Entry for proceedings held before Judge Robert L. Wilkins: Motion Hearing held and concluded on 6/18/2012 re Plaintiff's 33 MOTION to Certify Class Second Renewed; Argument Heard and this matter is taken under advisement. (Court Reporter Pat Kaneshiro−Miller) (tcb) (Entered: 06/19/2012)

June 18, 2012
41

NOTICE of Appearance by Chad Alan Naso on behalf of GOVERNMENT OF THE DISTRICT OF COLUMBIA (Naso, Chad) (Entered: 06/29/2012)

June 29, 2012
42

NOTICE OF WITHDRAWAL OF APPEARANCE as to GOVERNMENT OF THE DISTRICT OF COLUMBIA. Attorney Grace Graham terminated. (Rezneck, Daniel) Modified on 6/29/2012 to withdraw Daniel Rezneck(rdj). (Entered: 06/29/2012)

June 29, 2012
43

NOTICE of Filing by GOVERNMENT OF THE DISTRICT OF COLUMBIA re 33 MOTION to Certify Class [Second Renewed] (Naso, Chad) (Entered: 07/05/2012)

July 5, 2012
45

ORDER granting 33 MOTION to Certify Class [Second Renewed] ; and it is,FURTHER ORDERED that the parties meet and confer and submit a joint proposedorder consistent with this Courts Memorandum Opinion and FED. R. CIV. P. 23(c)(1)(B) no later than Wednesday, August 29, 2012; and it is, FURTHER ORDERED that, no later than September 12, 2012, the parties shall meet and confer and file a joint proposed schedule for further proceedings. As this is a case that has been pending since 2009, the Court expects the parties to propose a schedule that will move this matter apace. Signed by Judge Robert L. Wilkins on 8/22/2012. (tcb) (Entered: 08/22/2012)

Aug. 22, 2012
46

NOTICE of Proposed Order by ANTHONY HARDY, DONNELL MONTS re 45 Order on Motion to Certify Class,, (Attachments: # 1 Text of Proposed Order)(Day, Sean) (Entered: 08/29/2012)

Aug. 29, 2012

MINUTE ORDER: The parties are hereby ORDERED to meet and confer and revise their Joint Proposed Order [Dkt. No. 46] to "define... the class claims, issues, or defenses" in accordance with Fed. R. Civ. P. 23(c)(1)(B). The parties are FURTHER ORDERED to file the revised Joint Proposed Order no later than 5:00 p.m. on August 31, 2012. Signed by Judge Robert L. Wilkins on 8/30/12. (lcrlw2) (Entered:

Aug. 30, 2012
48

ORDER ON CLASS CERTIFICATION. (SEE ORDER FOR FULL DETAILS). Signed by Judge Robert L. Wilkins on 9/4/2012. (tcb) (Entered: 09/04/2012)

Sept. 4, 2012
49

MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order PLAINTIFFS, # 2 Text of Proposed Order DEFENDANT)(Day, Sean) (Entered: 09/12/2012)

Sept. 12, 2012
50

SCHEDULING ORDER: Amended Pleadings due by 7/1/2013. Discovery due by 3/12/2013. Mediation to begin March 13, 2013 and conclude by 5/4/2013. Plaintiff Rule 26a2 due by 6/7/2013. Defendant Rule 26a2 due by 7/17/2013. Summary Judgment motions due by 9/12/2013. (SEE ORDER FOR FULL DETAILS). Signed by Judge Robert L. Wilkins on 9/19/2012. (tcb) (Entered: 09/19/2012)

Sept. 19, 2012
51

NOTICE of Appearance by Douglas Stuart Rosenbloom on behalf of GOVERNMENT OF THE DISTRICT OF COLUMBIA (Rosenbloom, Douglas) (Entered: 11/15/2012)

Nov. 15, 2012
52

Consent MOTION for Protective Order by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Rosenbloom, Douglas) (Entered: 12/18/2012)

Dec. 18, 2012

MINUTE ORDER granting 52 Consent MOTION for Protective Order. Signed by Judge Robert L. Wilkins on 12/20/2012. (tcb) (Entered: 12/20/2012)

Dec. 20, 2012
53

PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal. Signed by Judge Robert L. Wilkins on 12/20/2012. (tcb) (Entered: 12/20/2012)

Dec. 20, 2012
54

NOTICE OF WITHDRAWAL OF APPEARANCE as to GOVERNMENT OF THE DISTRICT OF COLUMBIA. Attorney Chad Alan Naso terminated. (Naso, Chad) (Entered: 01/17/2013)

Jan. 17, 2013
55

CASE RANDOMLY REFERRED to Magistrate Judge Alan Kay for Mediation from 3/13/2013 − 5/4/2013. (ls, ) (Entered: 03/04/2013)

March 4, 2013
56

ORDER setting a Settlement Conference for 4/19/2013, at 10:00 AM in Chambers [room 2333] before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 03/08/13. (DM) (Entered: 03/08/2013)

March 8, 2013
57

Joint MOTION for Extension of Time to Complete Discovery on Class Identification by GOVERNMENT OF THE DISTRICT OF COLUMBIA (Rosenbloom, Douglas) (Entered: 03/11/2013)

March 11, 2013
58

ORDER granting 57 Joint MOTION for Extension of Time to Complete Discovery on Class Identification; and The Scheduling Order is AMENDED to EXTEND class identification discovery through Friday, April 5, 2013. Signed by Judge Robert L. Wilkins on 3/13/2013. (tcb) (Entered: 03/13/2013)

March 13, 2013
59

Consent MOTION for Extension of Time to Complete Discovery (re Class Identification) by ANTHONY HARDY, DONNELL MONTS (Attachments: # 1 Text of Proposed Order)(Day, Sean) (Entered: 04/05/2013)

April 5, 2013
60

ORDER granting 59 Consent MOTION for Extension of Time to Complete Discovery (re Class Identification); Class identification discovery deadline is extended from April 5, 2013, to April 12, 2013; and Class identification discovery will be subject to (a) supplementation if additional relevant documents or information is discovered, and/or (b) re−opening for good cause shown. Signed by Judge Robert L. Wilkins on 4/10/2013. (tcb) (Entered: 04/10/2013)

April 10, 2013

MINUTE ORDER canceling the mediation set for 04/19/13, at the request of counsel, and rescheduling the mediation for 5/3/2013, at 03:00 PM in Chambers [room 2333] before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 04/12/13. (DM) (Entered: 04/12/2013)

April 12, 2013
61

Consent MOTION for Extension of Time to Complete Mediation by ANTHONY HARDY, DONNELL MONTS (Day, Sean) (Entered: 07/01/2013)

July 1, 2013

MINUTE ORDER rescheduling Settlement Conference for 7/19/2013, at 02:00 PM in Chambers [room 2333] before Magistrate Judge Alan Kay. Please note that this new date is contingent upon the trial court's approval of an extension of mediation. Signed by Magistrate Judge Alan Kay on 07/02/13. (DM) (Entered: 07/02/2013)

July 2, 2013

MINUTE ORDER granting 61 Consent MOTION for Extension of Time to Complete Mediation. Signed by Judge Robert L. Wilkins on 7/3/2013. (tcb) (Entered: 07/03/2013)

July 3, 2013

MINUTE ORDER rescheduling the Settlement Conference which was previously set for 7/19/2013. The Settlement Conference is reset (at counsel's request) for 8/02/13, at 10:00 a.m. in chambers [room 2333] before Magistrate Judge Alan Kay. The parties are reminded that the mediation referral in this case was recently extended by the trial court up to and including August 2, 2013. Signed by Magistrate Judge Alan Kay on 07/10/13. (DM) (Entered: 07/10/2013)

July 10, 2013

Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 8/2/2013. (DM) (Entered: 08/05/2013)

Aug. 2, 2013

State / Territory: District of Columbia

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: June 8, 2009

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Persons arrested in D.C. on suspicion of selling narcotics who had their money seized by police under forfeiture laws without adequate notice or forfeiture hearings

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The District of Columbia (District of Columbia), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $855,000

Order Duration: 2014 - 2014

Issues

General:

Forfeiture