Case: Felix v. City of New York

1:13-cv-02941 | U.S. District Court for the Southern District of New York

Filed Date: May 2, 2013

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On May 2, 2013, six African American and Latino men, represented by a law firm specializing in civil rights litigation, Emery Celli Brinckerhoff & Abady, LLP, and the public interest group The Bronx Defenders, brought this lawsuit against officers of the NYPD and the City of New York in the federal district court for the Southern District of New York. They alleged that the NYPD had charged them with misdemeanors for what should have been a less serious "violation"; concealed possession of marij…

On May 2, 2013, six African American and Latino men, represented by a law firm specializing in civil rights litigation, Emery Celli Brinckerhoff & Abady, LLP, and the public interest group The Bronx Defenders, brought this lawsuit against officers of the NYPD and the City of New York in the federal district court for the Southern District of New York. They alleged that the NYPD had charged them with misdemeanors for what should have been a less serious "violation"; concealed possession of marijuana. The different charges are significantly different as a misdemeanor charge often includes pre-trial detention, numerous court visits, and goes on a person’s criminal record, while a violation doesn’t require pre-trial detention, includes less court visits and doesn’t go on a person’s criminal record. Plaintiffs further claimed that officers of the NYPD were motivated by plaintiffs’ race when targeting them, that this practice was a widespread and well-known in the NYPD, and that it was a result of the NYPD’s policy of requiring officers to fill a quota for misdemeanor arrests. Plaintiffs argued that the NYPD’s practices violated the Fourth and Fourteenth Amendments of the U.S. Constitution, along with New York law. They sought damages, an injunction explicitly prohibiting NYPD officers from manufacturing misdemeanors for concealed possessions of small amounts of marijuana, and attorneys’ fees under 42 U.S.C. §§ 1983, 42 U.S.C. §§ 1988, and New York law.

The case settled on January 7, 2014, when plaintiffs’ accepted New York City’s settlement offers, under which four of the plaintiffs received $12,501, and the other two received $50,001. The city didn’t admit to any legal liability, or admit that the plaintiffs had suffered injury at the hands of the NYPD. The plaintiffs in turn waived any right to continue or renew suit against the city or any of its agents over the NYPD’s actions. On January 30, the court also ordered the city to pay the plaintiffs’ lawyers $125,000 in attorneys’ fees. Plaintiffs did not obtain any declaration or injunction.

Summary Authors

Ryan Berry (6/20/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4352156/parties/felix-v-city-of-new-york/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Akina, William Keaupuni (New York)

Anakhu, Joy Tolulope (New York)

Aribakan, Suzanne Emily (New York)

Arko, Christopher G. (New York)

Ashanti, Karl J. (New York)

Expert/Monitor/Master/Other
Attorney for Defendant

Akina, William Keaupuni (New York)

Anakhu, Joy Tolulope (New York)

Aribakan, Suzanne Emily (New York)

Arko, Christopher G. (New York)

Ashanti, Karl J. (New York)

Beath, Patrick (New York)

Beck, Curt Peter (New York)

Berger, Cheryl (New York)

Blank, Shira M. (New York)

Braun, Daniel Michael (New York)

Breslow, Stephanie Marie (New York)

Bridge, Matthew (New York)

Brocker, Peter William (New York)

Brustein, Evan (New York)

Bruzzese, Sheryl Ann (New York)

Budhu, Ryan (New York)

Cahill, Kathleen J. (New York)

Canfield, Donna Anne (New York)

Cardozo, Michael A. (New York)

Carmel, Ross D. (New York)

Cavalieri, Meghan Ann (New York)

Ceriello, Colin M. (New York)

Davis, Nicholas Shea (New York)

Deconinck, Magda M. (New York)

DiSenso, Anthony M. (New York)

Donoghue, Gail (New York)

Downs, Alexis (New York)

Eichenholtz, Eric Jay (New York)

Fabian, Shawn (New York)

Farrell, Odile Maun (New York)

Farrell, Peter G. (New York)

Ferrari, David (New York)

Fett, Baree Nichole (New York)

Fogarty, Peter John (New York)

Francolla, Brian Christopher (New York)

Frank, Philip Sebastian (New York)

Friedlander, Jeffrey (New York)

Friedman, Steven A. (New York)

Friedman, Bryce Leigh (New York)

Friedman, Joshua Mathew (New York)

Garber, Mitchell S. (New York)

Giambrone, Jessica (New York)

Goykadosh, Brachah (New York)

Grey, William Andrew (New York)

Grossman, Heidi (New York)

Haber, Erica Michelle (New York)

Halatyn, Susan M. (New York)

Hazan, David M. (New York)

Hoffman, Beth J (New York)

Jackson, Joey (New York)

Jacobi, Liora (New York)

Jacobs, Elissa Beth (New York)

Jenerette, Tonya (New York)

Johnson, Paul Hasan (New York)

Jr, Ricardo Tapia (New York)

Julie, Richard Spencer (New York)

Kirkpatrick, Steven Nelson (New York)

Kitzinger, Stephen Edward (New York)

Klein, Brett H. (New York)

Koster, Jeannette Arlin (New York)

Kuruvilla, Ben (New York)

Lambros, John M. (New York)

Larkin, Arthur Gabriel (New York)

Leist, Alexis Lucia (New York)

Lenes, James A. (New York)

Lucas, Andrew Joseph (New York)

Mahon, Pamela Lynam (New York)

Marquez, Jorge (New York)

Maxey, Brian G (New York)

McLaren, Joanne Maureen (New York)

McQueen, Matthew W (New York)

Mettham, Suzanna Publicker (New York)

Mindrutiu, Linda Margareta (New York)

Mirabile, Catherine Mary (New York)

Mirro, James (New York)

Modafferi, Matthew J. (New York)

Moretti, Barbara (New York)

Moscow, Ann (New York)

Mouton, Gregory Paul (New York)

Nam, Rosemari Y. (New York)

Neary, Virginia M. (New York)

Nimick, Virginia Jackson (New York)

Noble, Alexander Macrae (New York)

Okereke, Amy Nkemka (New York)

Okoh, Okwede N (New York)

Oliner, Daniel H. (New York)

Passeser, Daniel Louis (New York)

Pierre, Lucienne (New York)

Rabinowitz, Lisa Susan (New York)

Richardson, Lisa Marie (New York)

Robinson, Amy (New York)

Rossan, Jennifer Amy (New York)

Rubinstein, Yuval (New York)

Ryan, Erin T. (New York)

Saleem, Afsaan (New York)

Santiago, Leticia Joy (New York)

Scharfstein, Susan P. (New York)

Scotti, Steven M. (New York)

Seligman, Rachel Amy (New York)

Shammas, Cheryl Leah (New York)

Shoffel, Amanda (New York)

Shull, Hugh H. (New York)

Silverberg, Steven Mark (New York)

Siskind, Shira Rachel (New York)

Sitaras, Basil Constantine (New York)

Smith, Qiana Charmaine (New York)

Sohn, Liza Jin (New York)

Stackhouse, Noreen M. (New York)

Stein, Matthew E. (New York)

Stockman, Benjamin E. (New York)

Sundaran, Raju (New York)

Weinstein, Sheila (New York)

Weiss, Jed Matthew (New York)

Weiss, Dara Lynn (New York)

Welikson, Benjamin (New York)

Weng, Jenny (New York)

Winslow, Lamar Devaughn (New York)

Yi, Gloria Mihee (New York)

Zimmerman, Tobias Eli (New York)

Zuckerman, Mark David (New York)

show all people

Documents in the Clearinghouse

Document

1:13-cv-02941

Docket [PACER]

Felix v. City of New York

Feb. 3, 2014

Feb. 3, 2014

Docket
1

1:13-cv-02941

Complaint and Jury Demand

May 2, 2013

May 2, 2013

Complaint
18

1:13-cv-02941

Second Amended Complaint and Jury Demand

Felix v. City of New York

July 6, 2013

July 6, 2013

Complaint
48

1:13-cv-02941

Stipulation of Dismissal of Cross Claims

Dec. 18, 2013

Dec. 18, 2013

Order/Opinion
52

1:13-cv-02941

Judgment Pursuant to Federal Rule of Civil Procedure 68

Jan. 7, 2014

Jan. 7, 2014

Order/Opinion
53

1:13-cv-02941

Stipulation and Order of Settlement of Attorneys' Fees

Felix v. New York

Feb. 3, 2014

Feb. 3, 2014

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4352156/felix-v-city-of-new-york/

Last updated April 22, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Marc Busell, Diana Castro, Cintron, City of New York, John/Jane Does # 1-4, Andry Duarte, Bryan J. Flynn, Russell J. Green, Guagliardi, John Hart, Edwin Jerez, Raymond W. Kelly, Kevin M. Martin, Malvi Moncion, Primitivo Montanez, Richard Roes # 1-10. (Filing Fee $ 350.00, Receipt Number 465401066376)Document filed by Abraham Collins, Maurosol Felix, Angel Sanchez, Danilo Melendez, Francisco Zapata.(cde) (Entered: 05/07/2013)

May 2, 2013

May 2, 2013

PACER
2

NOTICE OF APPEARANCE by Rachel Amy Seligman on behalf of City of New York, Raymond W. Kelly (Seligman, Rachel) (Entered: 05/17/2013)

May 17, 2013

May 17, 2013

PACER
3

NOTICE OF CASE ASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 05/20/2013)

May 20, 2013

May 20, 2013

PACER
4

ORDER FOR INITIAL PRETRIAL CONFERENCE: As the case is designated for inclusion in the Court's Plan for Section 1983 cases against the New York City Police Department, it is hereby ORDERED that counsel for all parties appear for an Initial Conference set for 1/22/2014 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 5/21/2013) (ab) (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

PACER
5

NOTICE OF APPEARANCE by Patrick Neil Beath on behalf of City of New York, Raymond W. Kelly (Beath, Patrick) (Entered: 05/22/2013)

May 22, 2013

May 22, 2013

PACER
6

AFFIDAVIT OF SERVICE of Summons and Complaint,. Marc Busell served on 5/11/2013, answer due 6/3/2013; Cintron served on 5/11/2013, answer due 6/3/2013; City of New York served on 5/9/2013, answer due 5/30/2013; Andry Duarte served on 5/24/2013, answer due 6/14/2013; Bryan J. Flynn served on 5/10/2013, answer due 5/31/2013; Russell J. Green served on 5/11/2013, answer due 6/3/2013; John Hart served on 5/11/2013, answer due 6/3/2013; Edwin Jerez served on 5/11/2013, answer due 6/3/2013; Raymond W. Kelly served on 5/13/2013, answer due 6/3/2013; Kevin M. Martin served on 5/11/2013, answer due 6/3/2013; Malvi Moncion served on 5/11/2013, answer due 6/3/2013; Primitivo Montanez served on 5/11/2013, answer due 6/3/2013. Service was accepted by Dmitriy Aronov, P.O. Mr. Calvin, Sgt. 'Jane' Fontanez, David Goldfarb, Esq., P.O. Mr. Alexander, and P.O. Mr. Gonzalez. Document filed by Abraham Collins; Maurosol Felix; Angel Sanchez; Danilo Melendez; Francisco Zapata. (Shapiro, Samuel) (Entered: 05/29/2013)

May 29, 2013

May 29, 2013

PACER
7

AMENDED COMPLAINT amending 1 Complaint, against Marc Busell, Diana Castro, Cintron, City of New York, John/Jane Does # 1-4, Andry Duarte, Bryan J. Flynn, Russell J. Green, Guagliardi, John Hart, Edwin Jerez, Raymond W. Kelly, Kevin M. Martin, Malvi Moncion, Primitivo Montanez, Richard Roes # 1-10, Steven Lancia with JURY DEMAND.Document filed by Abraham Collins, Maurosol Felix, Angel Sanchez, Danilo Melendez, Francisco Zapata, Anthony Fearon. Related document: 1 Complaint, filed by Danilo Melendez, Abraham Collins, Francisco Zapata, Maurosol Felix, Angel Sanchez.(tro) (Entered: 06/07/2013)

May 30, 2013

May 30, 2013

PACER
8

ENDORSED LETTER addressed to Judge Jesse M. Furman from Patrick Beath dated 6/10/2013 re: Defendants write, with consent of plaintiff's counsel, to respectfully request (1) an enlargement of time until August 2, 2013, to answer or otherwise respond to the amended complaint, and (2) that the initial conference in this matter be rescheduled from January 22, 2014, to a date convenient to the Court which is closer in time to August 2, 2013. ENDORSEMENT: Application GRANTED. All defendants are granted an extension to August 2, 2013, to respond to the Complaint. In addition, the pretrial conference is rescheduled for August 14, 2013, at 2:30 pm., Marc Busell answer due 8/2/2013; Diana Castro answer due 8/2/2013; Cintron answer due 8/2/2013; City of New York answer due 8/2/2013; John/Jane Does # 1-4 answer due 8/2/2013; Andry Duarte answer due 8/2/2013; Bryan J. Flynn answer due 8/2/2013; Russell J. Green answer due 8/2/2013; Guagliardi answer due 8/2/2013; John Hart answer due 8/2/2013; Edwin Jerez answer due 8/2/2013; Raymond W. Kelly answer due 8/2/2013; Steven Lancia answer due 8/2/2013; Kevin M. Martin answer due 8/2/2013; Malvi Moncion answer due 8/2/2013; Primitivo Montanez answer due 8/2/2013; Richard Roes # 1-10 answer due 8/2/2013., ( Initial Conference set for 8/14/2013 at 02:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/11/2013) (lmb) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
9

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. City of New York served on 6/4/2013, answer due 8/2/2013; Raymond W. Kelly served on 6/4/2013, answer due 8/2/2013. Service was accepted by Dmitriy Aronov. Document filed by Abraham Collins; Anthony Fearon; Maurosol Felix; Angel Sanchez; Danilo Melendez; Francisco Zapata. (Rosenfeld, Katherine) (Entered: 06/14/2013)

June 14, 2013

June 14, 2013

PACER
10

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Steven Lancia served on 6/13/2013, answer due 8/2/2013. Service was accepted by P.O. 'Jane' Francis, Co-Worker of the Defendant. Service was made by Mail. Document filed by Abraham Collins; Anthony Fearon; Maurosol Felix; Angel Sanchez; Danilo Melendez; Francisco Zapata. (Rosenfeld, Katherine) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
11

NOTICE of Notice of Voluntary Dismissal of Fourth, Fifth, and Sixth Claims Against Defendant The City of New York Without Prejudice. Document filed by Abraham Collins, Anthony Fearon, Maurosol Felix, Danilo Melendez, Angel Sanchez, Francisco Zapata. (Rosenfeld, Katherine) (Entered: 07/24/2013)

July 24, 2013

July 24, 2013

PACER
12

NOTICE OF VOLUNTARY DISMISSAL OF FOURTH, FIFTH, AND SIXTH CLAIMS FOR RELIEF AGAINST DEFENDANT THE CITY OF NEW YORK PURSUANT TO F.R.C.P. 41(a): PLEASE TAKE NOTICE that pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, Plaintiffs MAUROSOL FELIX; DANILO MELENDEZ; ABRAHAM COLLINS; FRANCISCO ZAPATA; and ANTHONY FEARON, by their attorneys Emery Celli Brinckerhoff & Abady LLP and The Bronx Defenders, hereby dismiss, without prejudice, the following claims in the Amended Complaint in the above-captioned action against defendant the City of New York only: Fourth Claim For Relief (Malicious Prosecution); Fifth Claim for Relief (Violation of N.Y. Crim. Proc. Law § 160.10); and Sixth Claim for Relief (Negligent Hiring/Training/Discipline/Retention of Employment Services). (Signed by Judge Jesse M. Furman on 7/26/2013) (lmb) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
13

ENDORSED LETTER: addressed to Judge Jesse M. Furman from Patrick Beath dated 7/31/2013 re: Counsel for defendants City and Kelly respectfully request that their time to answer or move to dismiss the amended complaint be extended to August 16, 2013, and it is further requested that the individual defendants obligation to answer the complaint be stayed until the resolution of the IAB investigation in the incidents underlying the complaint ENDORSEMENT: The City and Raymond Kelly are granted until August 16, 2013, to respond to the complaint. No further extensions will be granted. The Court reserves judgment on the request for a stay with respect to the individual defendants. The City Law Department is directed to submit a letter no later than August 5, 2013, advising the Court with respect to how long the IAB investigation is anticipated to take. Plaintiffs may submit a letter, not to exceed three pages, in response to the request for a stay, no later than August 7, 2013. (Signed by Judge Jesse M. Furman on 8/1/2013) (js) Modified on 8/1/2013 (js). (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

PACER
14

LETTER addressed to Judge Jesse M. Furman from Patrick Beath dated 8/5/2013 re: I am an Assistant Corporation Counsel in the office of Michael A. Cardozo, Corporation Counsel of the City of New York, and one of the attorneys assigned to represent defendants City of New York (City) and Raymond Kelly in the above-referenced matter. Defendants write in accordance with Your Honors Order, dated August 1, 2013, which, in relevant part, directed defendants to inform the Court as to the anticipated length of the Internal Affairs Bureau (IAB) investigation into the incident underlying the suit. Upon information and belief, IAB cannot undertake any substantive investigative actions until it has received statements from the plaintiffs in this matter. In this regard, plaintiffs have agreed to provide to IAB copies of their N.Y. Gen. Mun. Law. 50-h testimony by early September 2013. IAB estimates that, following receipt of plaintiffs 50-h testimony, the investigation will take between eleven and twelve months. Document filed by City of New York, Raymond W. Kelly.(rsh) (Entered: 08/06/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
15

ENDORSED LETTER addressed to Judge Jesse M. Furman from Samuel Shapiro and Scott D. Levy dated 8/7/2013 re: Pursuant to the Court's direction, we write to oppose defendants' request for a one-year stay of this case pending an Internal Affairs Bureau (IAB) investigation into plaintiffs' allegations. Defendants offer no persuasive justification for their attempt to delay this case for an additional year. Their request should be denied. ENDORSEMENT: Substantially for the reasons set forth herein, the Court declines to issue a sua sponte stay. Plaintiffs shall file their Second Amended Complaint by September 6, 2013. All defendants are granted an extension to respond to the complaint until fourteen days after Plaintiffs file their Second Amended Complaint., ( Amended Pleadings due by 9/6/2013.) (Signed by Judge Jesse M. Furman on 8/8/2013) (lmb) Modified on 8/12/2013 (lmb). (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
16

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Diana Castro served on 8/1/2013, answer due 8/22/2013. Service was accepted by Ms. Vegas, co-worker of the Defendant. Document filed by Abraham Collins; Anthony Fearon; Maurosol Felix; Angel Sanchez; Danilo Melendez; Francisco Zapata. (Shapiro, Samuel) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
17

REVISED SCHEDULING ORDER: In light of Plaintiffs' plan to file an amended complaint and Defendants' extension of time to respond to the complaint, IT IS HEREBY ORDERED that the conference in this matter, previously scheduled for August 14, 2013, at 2:30 p.m., is RESCHEDULED for September 23, 2013, at 2:30 p.m., in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Initial Conference set for 9/23/2013 at 02:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/12/2013) (lmb) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
18

SECOND AMENDED COMPLAINT amending 7 Amended Complaint,, against All Defendants with JURY DEMAND.Document filed by Abraham Collins, Anthony Fearon, Maurosol Felix, Angel Sanchez, Danilo Melendez, Francisco Zapata. Related document: 7 Amended Complaint,, filed by Danilo Melendez, Abraham Collins, Francisco Zapata, Anthony Fearon, Maurosol Felix, Angel Sanchez.(ama) (ca). (Entered: 09/09/2013)

Sept. 6, 2013

Sept. 6, 2013

RECAP
19

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. City of New York served on 9/9/2013, answer due 9/30/2013. Service was accepted by Madelyn Santana. Document filed by Abraham Collins; Anthony Fearon; Maurosol Felix; Angel Sanchez; Danilo Melendez; Francisco Zapata. (Shapiro, Samuel) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

PACER
20

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Marc Busell served on 9/11/2013, answer due 10/2/2013; Diana Castro served on 9/11/2013, answer due 10/2/2013; Cintron served on 9/11/2013, answer due 10/2/2013; Andry Duarte served on 9/11/2013, answer due 10/2/2013; Bryan J. Flynn served on 9/11/2013, answer due 10/2/2013; John Hart served on 9/11/2013, answer due 10/2/2013; Edwin Jerez served on 9/11/2013, answer due 10/2/2013; Kevin M. Martin served on 9/11/2013, answer due 10/2/2013; Malvi Moncion served on 9/11/2013, answer due 10/2/2013; Primitivo Montanez served on 9/11/2013, answer due 10/2/2013. Service was accepted by P.O. "Jane" Palacios, Regina Cooley, and P.O. "John" Dennis. Document filed by Abraham Collins; Anthony Fearon; Maurosol Felix; Angel Sanchez; Danilo Melendez; Francisco Zapata. (Shapiro, Samuel) (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

PACER
21

LETTER addressed to Judge Jesse M. Furman from Samuel Shapiro dated September 19, 2013 re: Initial Case Management Conference. Document filed by Abraham Collins, Anthony Fearon, Maurosol Felix, Danilo Melendez, Angel Sanchez, Francisco Zapata. (Attachments: # 1 Exhibit A)(Shapiro, Samuel) (Entered: 09/19/2013)

1 Exhibit A

View on PACER

Sept. 19, 2013

Sept. 19, 2013

PACER
22

REVISED SCHEDULING ORDER: As discussed during the initial pre-trial conference held on September 23, 2013, IT IS HEREBY ORDERED that the deadline for all Defendants to respond to Plaintiffs' Amended Complaint is extended until November 7, 2013. If any Defendant files a motion to dismiss the Amended Complaint, Plaintiffs' opposition shall be due two weeks thereafter and any reply one week thereafter. All other deadlines remain as indicated in the Case Management Plan. (Signed by Judge Jesse M. Furman on 9/23/2013) (mro) Modified on 9/24/2013 (mro). (Entered: 09/24/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
23

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conduct all further proceedings before a United States Magistrate Judge, including motions and trial. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 10 trial days. As discussed on the record at the initial conference, the parties shall meet and confer with respect to limited discovery of documents relating to operations orders and advise the Court by joint letter, no later than noon on Sept. 25, 2013, if they agree on the matter or, if not, the nature of the disagreement. The City shall produce CCRB indexes by Sept. 27, 2013, and the parties shall confer with respect to any additional related discovery by the close of business on Sept. 30, 2013. The parties shall submit a joint letter with respect to any agreement or disagreement on that score no later than October 1, 2013. Fact Discovery due by 3/7/2014. Expert Discovery due by 4/21/2014. Pretrial Conference set for 3/11/2014 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 9/23/2013) (lmb) (Entered: 09/24/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
24

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Russell J. Green served on 9/18/2013, answer due 11/7/2013; Raymond W. Kelly served on 9/19/2013, answer due 11/7/2013; Steven Lancia served on 9/18/2013, answer due 11/7/2013. Service was accepted by Ms. Watson and Eileen Flaherty. Document filed by Abraham Collins; Anthony Fearon; Maurosol Felix; Angel Sanchez; Danilo Melendez; Francisco Zapata. (Shapiro, Samuel) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
25

LETTER addressed to Judge Jesse M. Furman from Samuel Shapiro dated September 25, 2013 re: Limited Discovery Relating to Operations Order #49. Document filed by Abraham Collins, Anthony Fearon, Maurosol Felix, Danilo Melendez, Angel Sanchez, Francisco Zapata.(Shapiro, Samuel) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

PACER
26

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 Kevin Nathaniel Fox. (Signed by Judge Jesse M. Furman on 9/30/2013) (lmb) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER
27

LETTER MOTION for Extension of Time to File Joint Letter Concerning Scope of Initial Limited Discovery addressed to Judge Jesse M. Furman from Patrick Beath dated October 1, 2013. Document filed by Marc Busell, City of New York, Russell J. Green, John Hart.(Beath, Patrick) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
28

ORDER granting 27 Letter Motion for Extension of Time to File letter regarding the parties' agreement (or lack thereof) over the scope of discovery. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
29

TRANSCRIPT of Proceedings re: CONFERENCE held on 9/23/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2013. Redacted Transcript Deadline set for 11/7/2013. Release of Transcript Restriction set for 1/4/2014.(Rodriguez, Somari) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
30

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/23/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
31

ORDER: Settlement Conference set for 10/29/2013 at 02:30 PM in Courtroom 228, 40 Centre Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/4/2013) (tn) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
32

LETTER addressed to Judge Jesse M. Furman from Katherine Rosenfeld dated 10/4/2013 re: Joint Letter on Behalf of All Parties Concerning Scope of Discovery. Document filed by Abraham Collins, Anthony Fearon, Maurosol Felix, Danilo Melendez, Angel Sanchez, Francisco Zapata.(Rosenfeld, Katherine) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
33

MEMO ENDORSEMENT on re: 32 Letter, filed by Danilo Melendez, Abraham Collins, Francisco Zapata, Anthony Fearon, Maurosol Felix, Angel Sanchez. ENDORSEMENT: So ordered. (Signed by Judge Jesse M. Furman on 10/4/2013) (lmb) (Entered: 10/07/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
34

ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Katherine Rosenfeld, Samuel Shapiro and Scott D. Levy dated 10/22/2013 re: Counsel for plaintiffs requests plaintiffs' absence from the settlement conference. ENDORSEMENT: Plaintiff Maurosal Felix may participate in the settlement conference via telephone, owing to his "serious illness." Mr. Felix must be on the telephone for the duration of the conference. Mr. Felix should call (212) 805-6705 at least five minutes prior to the commencement of the settlement conference. All other plaintiffs must appear at the courthouse to participate in the settlement conference. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/23/2013) (tn) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
35

LETTER MOTION for Extension of Time to file motion to dismiss addressed to Judge Jesse M. Furman from Rachel Seligman Weiss dated November 6, 2013. Document filed by City of New York.(Seligman, Rachel) (Entered: 11/06/2013)

Nov. 6, 2013

Nov. 6, 2013

PACER
36

ORDER granting 35 Letter Motion for Extension of Time as modified. Defendants' deadline to file a motion to dismiss is extended to November 27, 2013. Any opposition shall be filed by December 13, 2013, and any reply by December 20, 2013. No further extensions will be granted on the basis of the ongoing settlement negotiations or Rule 68 offer of judgment. Further, the discovery deadlines remain in effect and will not be extended on these bases. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 11/06/2013)

Nov. 6, 2013

Nov. 6, 2013

PACER
37

NOTICE OF APPEARANCE by Mitchell Garber on behalf of Andry Duarte. (Garber, Mitchell) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
38

ANSWER to 18 Amended Complaint, with JURY DEMAND., CROSSCLAIM against City of New York. Document filed by Andry Duarte.(Garber, Mitchell) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
39

NOTICE OF APPEARANCE by Anthony J. DiFiore on behalf of Diana Castro, Bryan J. Flynn. (DiFiore, Anthony) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
40

NOTICE OF APPEARANCE by Andrew C Quinn on behalf of Diana Castro, Bryan J. Flynn. (Quinn, Andrew) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
41

LETTER MOTION for Extension of Time to File Answer or Move to Dismiss addressed to Judge Jesse M. Furman from Anthony J. DiFiore dated November 7, 2013. Document filed by Diana Castro, Bryan J. Flynn.(DiFiore, Anthony) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
42

ORDER granting 41 Letter Motion for Extension of Time. Application GRANTED. (Signed by Judge Jesse M. Furman on 11/7/2013) (lmb) Modified on 11/8/2013 (lmb). (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
43

AMENDED ANSWER to 18 Amended Complaint, with JURY DEMAND., CROSSCLAIM against City of New York. Document filed by Cintron, Kevin M. Martin, Edwin Jerez, Andry Duarte. (Garber, Mitchell) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
44

NOTICE OF APPEARANCE by Mitchell Garber on behalf of Cintron, Edwin Jerez, Kevin M. Martin. (Garber, Mitchell) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
45

NOTICE OF APPEARANCE by John William Burns on behalf of Cintron, Andry Duarte, Edwin Jerez, Kevin M. Martin. (Burns, John) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
46

NOTICE OF APPEARANCE by Douglas LaBarbera on behalf of Cintron, Andry Duarte, Edwin Jerez, Kevin M. Martin. (LaBarbera, Douglas) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
47

ANSWER to 18 Amended Complaint, with JURY DEMAND., CROSSCLAIM against City of New York. Document filed by Bryan J. Flynn, Diana Castro.(DiFiore, Anthony) (Entered: 11/27/2013)

Nov. 27, 2013

Nov. 27, 2013

PACER
48

STIPULATION OF DISMISSAL OF CROSS CLAIMS: that the cross-claims asserted against defendant City of New York are hereby dismissed pursuant to Federal Rule of Civil Procedure 41(c), with prejudice, and without costs, expenses, or attorneys' fees to any party. (Signed by Judge Jesse M. Furman on 12/18/2013) (tn) (Entered: 12/18/2013)

Dec. 18, 2013

Dec. 18, 2013

PACER
49

STIPULATION OF DISMISSAL OF CROSS CLAIMS: The cross-claims asserted against defendant City of New York are hereby dismissed pursuant to Federal Rule of Civil Procedure 41(c), with prejudice, and without costs, expenses, or attorneys' fees to any party. All claims and cross-claims in this case having been resolved, the Clerk of Court is directed to close the case. (Signed by Judge Jesse M. Furman on 12/18/2013) (tn) (Entered: 12/18/2013)

Dec. 18, 2013

Dec. 18, 2013

PACER
50

LETTER MOTION for Extension of Time to file Motion for Attorneys' Fees and Costs addressed to Judge Jesse M. Furman from Samuel Shapiro dated December 30, 2013. Document filed by Abraham Collins, Anthony Fearon, Maurosol Felix, Danilo Melendez, Angel Sanchez, Francisco Zapata.(Shapiro, Samuel) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
51

ORDER granting 50 Letter Motion for Extension of Time to file application for attorney's fees and costs. Any application must be filed by January 31, 2014; any opposition is due by February 14, 2014; and any reply is due by February 21, 2014. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 12/31/2013)

Dec. 31, 2013

Dec. 31, 2013

PACER
52

JUDGMENT PURSUANT TO FED. R. CIV. P. 68: in favor of Danilo Melendez against City of New York in the amount of $12,501.00; in favor of Angel Sanchez against City of New York in th amount of $12,501.00; in favor of Anthony Fearon against City of New York in the amount of $17,501.00; in favor of Abraham Collins against City of New York in the amount of $12,501.00; in favor of Francisco Zapata against City of New York in the amount of $50,001.00; and in favor of Maurosol Felix against City of New York in the amount of $ 50,001.00. (Signed by Judge Jesse M. Furman on 12/18/2013) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 01/08/2014)

1 Notice of Right to Appeal

View on PACER

Jan. 7, 2014

Jan. 7, 2014

RECAP
53

STIPULATION AND ORDER OF SETTLEMENT OF ATTORNEYS' FEES: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the respective parties to the above-captioned action, as follows: 1. Defendant City of New York shall pay to plaintiffs' counsel, Emery Celli Brinkerhoff & Abady LLP and The Bronx Defenders, the sum total of ONE-HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000.00) in full satisfaction of plaintiffs' attorneys' fees, expenses and costs. Such sum shall be paid by check made payable to Emery Celli Brinckerhoff & Abady LLP within ninety (90) days of the date of this Stipulation. 2, In consideration for the payment of this sum, plaintiffs, Emery Celli Brinckerhoff & Abady LLP, and The Bronx Defenders do hereby release and discharge the defendants, their successors or assigns; and all past and present officials, employees, representatives and agents of the City of New York or any entity represented by the Office of the Corporation Counsel, from any and all claims of attorneys' fees, expenses and costs relating to this matter as further set forth in this order. (Signed by Judge Jesse M. Furman on 2/3/2014) (lmb) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 2, 2013

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five Bronx residents who allege the NYPD "manufactured" misdemeanor crimes from their conduct.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Emery Celli Brinckerhoff & Abady LLP

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York City (New York City, Bronx), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Confession of Judgment

Voluntary Dismissal

Amount Defendant Pays: 280,000 including attorne

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Failure to train

Pattern or Practice

Racial profiling

Search policies

Policing:

Excessive force

False arrest