Case: Trowbridge v. Cuomo

1:16-cv-03455 | U.S. District Court for the Southern District of New York

Filed Date: May 10, 2016

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Case Summary

On May 10, 2016, four individuals who were arrested in the Bronx for low-level misdemeanors filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the State of New York's Unified Court Systems for failure to provide the constitutionally guaranteed rights to a speedy trial and due process. The plaintiffs sought class certification for people similarly affected by the structural and systemic court delays in the Bronx Criminal Court.Specifically, t…

Specifically, the complaint alleged that the Bronx Criminal Court’s inordinate delays violated the plaintiffs’ Sixth and Fourteenth Amendments as well as New York state’s criminal procedure laws, which require prosecutors to be ready for trial within 90, 60, or 30 days of the commencement of a criminal action depending on the category of misdemeanors. According to the complaint, although there were over 45,000 misdemeanor arraignments in 2015, only 98 went on trial. Further, the few people who managed to exercise their right to trial waited on average 642 days for nonjury and 827 for a jury trial, and many people ended up taking plea bargains and giving up their right to a trial because of the Bronx Criminal Court’s overall dysfunctional administration.

The plaintiffs, represented by the Bronx Defenders and private counsel, sought declaratory and equitable relief. The case was assigned to District Judge George B. Daniels and Magistrate Judge Gabriel W. Gorenstein.

On June 30, 2016, the State moved to dismiss because none of the four plaintiffs had cases pending in Bronx Criminal Court and thus lacked standing to sue. The State further argued that the Court should abstain from reviewing the case since the plaintiffs’ claims involved the state judiciary, and that the plaintiffs failed to state a claim. On December 22, 2016, Judge Daniels granted in part and denied in part the defendants’ motion to dismiss. First, the Court granted defendants’ motion to dismiss the case for lack of standing and also dismissed Governor Cuomo as a defendant. But the Court denied the defendants’ motion to dismiss on abstention grounds because the judge could contemplate granting declaratory and injunctive relief that would not necessarily interfere with or restructure the state court’s lawful authority. The Court also rejected the argument that plaintiffs had failed to state a claim after it found that one of the plaintiffs waited 877 days between his arraignment and a final resolution. The Court allowed the plaintiffs to submit an amended complaint. 2016 WL 7489098.

On January 23, 2017, the plaintiffs filed an amended complaint. On March 8, 2017, the parties met with Judge George B. Daniels and interim pretrial conference was scheduled. The plaintiffs also filed for class certification. While the court was deliberating whether to grant the plaintiff's request for class certification, the parties agreed to stay the litigation while they sought an enforceable settlement agreement over the course of the next six months. After a series of stay extensions, the parties were able to agree to a settlement hearing before a magistrate judge. The court referred the case to Magistrate judge Gabriel Gorenstein on February 12, 2018.

On August 9, 2018, the court entered the parties settlement agreement. The parties agreed to stay the litigation for four years, but the plaintiffs retained the right to reinstate the litigation at any time. If the plaintiffs reinstate litigation within four years, they retain all rights to attorneys fees. However, in the event the plaintiffs do not reinstate within the four year period, their case will be dismissed without prejudice and without costs or fees to any party. In exchange, the defendants agreed to continue to decrease the number of misdemeanor cases pending for more than one year, though the parties did not agree to a legally binding goal. To ensure compliance, the defendants gave the plaintiffs access to records including activity reports, criminal records data, and reports relating to court delay, trial capacity, and the allocation of judicial resources by New York City. This settlement agreement did not include an admission of guilt from the defendants.


1:16-cv-03455	Docket [PACER]	Aug. 9, 2018	Aug. 9, 2018 Docket
1 1:16-cv-03455	Class Action Complaint	May 10, 2016	May 10, 2016 Complaint
30 1:16-cv-03455	Memorandum of Law in Support of Defendants' Motion to Dismiss the Complaint	June 30, 2016	June 30, 2016 Pleading / Motion / Brief
33 1:16-cv-03455	Memorandum of Law in Opposition of Defendants' Motion to Dismiss	July 29, 2016	July 29, 2016 Pleading / Motion / Brief
39 1:16-cv-03455	Memorandum Decision and Order	Dec. 21, 2016	Dec. 21, 2016 Order/Opinion 2016 WL 7489098
41 1:16-cv-03455	Amended Complaint	Jan. 23, 2017	Jan. 23, 2017 Complaint
109 1:16-cv-03455	Stipulation and Order of Settlement	Aug. 9, 2018	Aug. 9, 2018 Settlement Agreement

ECF Number	Date	Description	Link
	May 10, 2016	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott Duffield Levy. The party information for the following party/parties has been modified: Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (rch) (Entered: 05/10/2016)	PACER
	May 10, 2016	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above−entitled action is assigned to Judge George B. Daniels. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (rch) (Entered: 05/10/2016)	PACER
	May 10, 2016	Magistrate Judge Gabriel W. Gorenstein is so designated. (rch) (Entered: 05/10/2016)	PACER
	May 10, 2016	Case Designated ECF. (rch) (Entered: 05/10/2016)	PACER
1	May 10, 2016	COMPLAINT against Andrew Cuomo, Janet DiFiore, Lawrence Marks. (Filing Fee $ 400.00, Receipt Number 0208-12280684)Document filed by Christopher Trowbridge, Juan Ortiz, Ronnie Pagan, Michael Torres.(Levy, Scott) (Entered: 05/10/2016)	RECAP
2	May 10, 2016	CIVIL COVER SHEET filed. (Levy, Scott) (Entered: 05/10/2016)	RECAP
3	May 10, 2016	REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Cuomo, re: 1 Complaint. Document filed by Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. (Levy, Scott) (Entered: 05/10/2016)	RECAP
4	May 10, 2016	REQUEST FOR ISSUANCE OF SUMMONS as to Janet DiFiore, re: 1 Complaint. Document filed by Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. (Levy, Scott) (Entered: 05/10/2016)	RECAP
5	May 10, 2016	REQUEST FOR ISSUANCE OF SUMMONS as to Lawrence Marks, re: 1 Complaint. Document filed by Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. (Levy, Scott) (Entered: 05/10/2016)	RECAP
6	May 10, 2016	NOTICE OF APPEARANCE by Matthew D. Brinckerhoff on behalf of Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. (Brinckerhoff, Matthew) (Entered: 05/10/2016)	RECAP
7	May 10, 2016	NOTICE OF APPEARANCE by Ilann M. Maazel on behalf of Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. (Maazel, Ilann) (Entered: 05/10/2016)	RECAP
8	May 10, 2016	NOTICE OF APPEARANCE by Douglas Edward Lieb on behalf of Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. (Lieb, Douglas) (Entered: 05/10/2016)	RECAP
9	May 10, 2016	NOTICE OF APPEARANCE by Gary Solomon Lee on behalf of Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. (Lee, Gary) (Entered: 05/10/2016)	RECAP
10	May 10, 2016	NOTICE OF APPEARANCE by Ruti Smithline on behalf of Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. (Smithline, Ruti) (Entered: 05/10/2016)	RECAP
11	May 10, 2016	NOTICE OF APPEARANCE by Jennifer Kay Brown on behalf of Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. (Brown, Jennifer) (Entered: 05/10/2016)	RECAP
12	May 10, 2016	NOTICE OF APPEARANCE by Katie Louise Viggiani on behalf of Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. (Viggiani, Katie) (Entered: 05/10/2016)	RECAP
13	May 10, 2016	NOTICE OF APPEARANCE by James Andrew Newton on behalf of Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. (Newton, James) (Entered: 05/10/2016)	RECAP
14	May 10, 2016	ELECTRONIC SUMMONS ISSUED as to Andrew Cuomo. (rch) (Entered: 05/10/2016)	RECAP
15	May 10, 2016	ELECTRONIC SUMMONS ISSUED as to Janet DiFiore. (rch) (Entered: 05/10/2016)	RECAP
16	May 10, 2016	ELECTRONIC SUMMONS ISSUED as to Lawrence Marks. (rch) (Entered: 05/10/2016)	RECAP
17	May 10, 2016	NOTICE OF APPEARANCE by Johanna Beth Steinberg on behalf of Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. (Steinberg, Johanna) (Entered: 05/10/2016)	RECAP
	May 10, 2016	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott Duffield Levy. The party information for the following party/parties has been modified: Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (rch)
	May 10, 2016	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (rch)
	May 10, 2016	Magistrate Judge Gabriel W. Gorenstein is so designated. (rch)
	May 10, 2016	Case Designated ECF. (rch)
18	May 12, 2016	INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/15/2016 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 5/11/2016) (spo) (Entered: 05/12/2016)	RECAP
19	May 16, 2016	SUMMONS RETURNED EXECUTED Summons and Complaint served. Andrew Cuomo served on 5/11/2016, answer due 6/1/2016. Service was accepted by Denise Gagnon, Person Authorized to Accept Service. Document filed by Christopher Trowbridge; Juan Ortiz; Ronnie Pagan; Michael Torres. (Smithline, Ruti) (Entered: 05/16/2016)	RECAP
20	May 16, 2016	SUMMONS RETURNED EXECUTED Summons and Complaint served. Janet DiFiore served on 5/11/2016, answer due 6/1/2016. Service was accepted by Lisa Evans, Person Authorized to Accept Service. Document filed by Christopher Trowbridge; Juan Ortiz; Ronnie Pagan; Michael Torres. (Smithline, Ruti) (Entered: 05/16/2016)	RECAP
21	May 16, 2016	SUMMONS RETURNED EXECUTED Summons and Complaint served. Lawrence Marks served on 5/11/2016, answer due 6/1/2016. Service was accepted by Lisa Evans, Person Authorized to Accept Service. Document filed by Christopher Trowbridge; Juan Ortiz; Ronnie Pagan; Michael Torres. (Smithline, Ruti) (Entered: 05/16/2016)	RECAP
22	May 26, 2016	NOTICE OF APPEARANCE by Alissa Schecter Wright on behalf of Andrew Cuomo, Janet DiFiore, Lawrence Marks. (Wright, Alissa) (Entered: 05/26/2016)	RECAP
23	May 26, 2016	FIRST LETTER addressed to Judge George B. Daniels from Alissa S. Wright dated May 26, 2016 re: Extension of Time to Respond to the Complaint and Adjournment of Initial Pretrial Conference. Document filed by Andrew Cuomo, Janet DiFiore, Lawrence Marks.(Wright, Alissa) (Entered: 05/26/2016)	RECAP
24	May 26, 2016	LETTER addressed to Judge George B. Daniels from Scott D. Levy dated 05/26/2016 re: Response to Defendants Request to Adjourn Initial Pretrial Conference. Document filed by Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge.(Levy, Scott) (Entered: 05/26/2016)	RECAP
25	May 27, 2016	NOTICE OF APPEARANCE by Michelle Renee Lambert on behalf of Andrew Cuomo, Janet DiFiore, Lawrence Marks. (Lambert, Michelle) (Entered: 05/27/2016)	RECAP
26	June 1, 2016	ORDER: Defendants' request for an extension of time to answer, move, or otherwise respond to the Complaint from June 1, 2016 to June 30, 2016 is GRANTED. Defendants' request to adjourn the June 15, 2016 9:30 a.m. initial conference is DENIED. SO ORDERED., Andrew Cuomo answer due 6/30/2016; Janet DiFiore answer due 6/30/2016; Lawrence Marks answer due 6/30/2016. (Signed by Judge George B. Daniels on 5/31/2016) (ama) (Entered: 06/01/2016)	RECAP
27	June 8, 2016	JOINT LETTER addressed to Judge George B. Daniels from Alissa Wright & Scott Levy dated June 8, 2016 re: Proposed Case Management Plan. Document filed by Andrew Cuomo, Janet DiFiore, Lawrence Marks.(Wright, Alissa) (Entered: 06/08/2016)	RECAP
28	June 14, 2016	LETTER addressed to Judge George B. Daniels from Katie L. Viggiani dated June 14, 2016 re: Copies of Transmittal Letters Pursuant to the Court's 5/11/16 Order. Document filed by Juan Ortiz, Ronnie Pagan, Michael Torres, Christopher Trowbridge. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Viggiani, Katie) (Entered: 06/14/2016) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER	RECAP
	June 15, 2016	Minute Entry for proceedings held before Judge George B. Daniels: Initial Pretrial Conference held on 6/15/2016. Plaintiff Counsel: Matthew D. Brinckerhoff; Ilann M. Maazel; James Andrew Newton; Katie Louise Viggiani; Johanna Beth Steinberg; Scott Duffield LevyDefense Counsel: Michelle Renee Lambert; Alissa Schecter Wright and Court Reporter present. The Oral argument is scheduled for September 7, 2016 at 10:30 a.m. (Vega, Elizabeth) (Entered: 06/15/2016)	PACER
	June 15, 2016	Minute Entry for proceedings held before Judge George B. Daniels: Initial Pretrial Conference held on 6/15/2016. Plaintiff Counsel: Matthew D. Brinckerhoff; Ilann M. Maazel; James Andrew Newton; Katie Louise Viggiani; Johanna Beth Steinberg; Scott Duffield LevyDefense Counsel: Michelle Renee Lambert; Alissa Schecter Wright and Court Reporter present. The Oral argument is scheduled for September 7, 2016 at 10:30 a.m. (Vega, Elizabeth)
29	June 30, 2016	MOTION to Dismiss . Document filed by Andrew Cuomo, Janet DiFiore, Lawrence Marks. Responses due by 7/29/2016(Wright, Alissa) (Entered: 06/30/2016)	RECAP
30	June 30, 2016	MEMORANDUM OF LAW in Support re: 29 MOTION to Dismiss . . Document filed by Andrew Cuomo, Janet DiFiore, Lawrence Marks. (Wright, Alissa) (Entered: 06/30/2016)	RECAP

Case: Trowbridge v. Cuomo

1:16-cv-03455 | U.S. District Court for the Southern District of New York

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