Case: Encarnacion v. City of New York

1:16-cv-00156 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 8, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 8, 2016, plaintiffs filed this lawsuit in the U.S. District Court for the Southern District of New York to recover property seized by the NYPD after an arrest. The case was assigned to Judge Denise L. Cote. The individual plaintiff was arrested in November 2014, and his iPhone and $1,399 in wages were seized by police. In his criminal case, which was dismissed in May 2015, he was represented by the Bronx Defenders, who are the second plaintiff to this lawsuit. The Bronx Defenders, a non-profit organization that provides criminal defense and civil legal services to law-income people in the Bronx, also assists hundreds of clients every year who are attempting to retrieve property seized pursuant to an arrest. Together they brought this lawsuit against the City of New York under 42 U.S.C. § 1983, alleging that the city violated the Fourth and Fourteenth Amendments of the U.S. Constitution. The plaintiffs sought declaratory and injunctive relief as well as compensatory damages for the individual plaintiff for the monies seized from him at his arrest, the replacement costs for his iPhone, and all applicable interest.

According to the complaint, after a person is arrested, the NYPD routinely seized his or her personal property and recorded it in a computerized invoice system that tracked and categorized it. Once the criminal case against that individual was terminated, and the time to appeal had lapsed, the U.S. Constitution mandated that the government demonstrate a new legal basis to retain the property. But in practice, the NYPD often retained property and refused to release it until claimants obtained a "DA Release," even where all charges had been dismissed and sealed. In the Bronx, the District Attorney's Office frequently failed to respond to requests for DA Releases, and the City did not provide an alternate recourse or assistance. The plaintiffs here alleged in the complaint that they tried numerous times - via voicemails, letters, and in-person requests - to obtain the property seized by the NYPD with no success. They subsequently filed this complaint against the city. The proposed class would consist of "all individuals who have been or will be unable to secure the release from the NYPD Property Clerk of Personal Property seized in connection with an arrest where (i) the individual named on the voucher for the property can no longer be tried on any charge that was the original basis for the arrest, and (ii) the City has made no showing of any continued basis to retain the property."

On May 17, 2016, Judge Cote signed an order referring this case to a magistrate judge for settlement, and the settlement discussions were to take place in June. However, on June 3, 2016, the plaintiffs filed their first amended complaint, which added two additional individual plaintiffs who experienced similar property loss by the NYPD and provided more facts as to the NYPD's process of returning property seized after an arrest. Five days later, the plaintiffs filed a motion for class certification.

On July 25, 2016, the parties agreed to stay all proceedings through February 28, 2017 to work toward a possible settlement. Accordingly, on the same day, Judge Cote ordered that the plaintiffs' motion for class certification be denied without prejudice to renewal upon the expiration of the six-month stay. On March 1, 2017, the parties agreed to extend the stay, and at the parties’ consent, Judge Cote referred the case to Magistrate Judge James Francis for further settlement discussions. On June 22, 2017, after nearly a year of unsuccessful settlement negotiations, the court lifted the stay, and litigation continued.

Despite this, the parties did eventually reach a settlement agreement on February 9, 2018. The court ordered the settlement agreement into effect three days later. This settlement agreement required the city to pay the plaintiffs a total of $10,000 in damages and create a committee to assess its compliance over the two years that the agreement would be in effect. The Bronx DA was also required to reform its policies to make it easier for arrestees to recover their seized property in a timely fashion. The parties agreed to resolve their dispute over attorneys’ fees at a later date.

On August 15, 2018, the parties agreed that defendants would pay $675,000 to cover all costs and attorneys’ fees.

In an order issued on February 19, 2020, the obligations of the settlement were extended for the City of New York until June 30, 2020. The Bronx DA was released from its settlement obligations on February 12, 2020. As of May 27, 2020, there are no further entries in the docket, and the case is ongoing for enforcement.

show full summary

Summary Authors

Saeeda Joseph-Charles (12/1/2016)

Rebecca Strauss (7/2/2018)

Alex Moody (5/27/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4356401/parties/encarnacion-v-city-of-new-york/

Judge(s)

Cote, Denise (New York)

Francis, James C. IV (New York)

Attorney for Plaintiff

Borchetta, Jennifer Rolnick (New York)

Brenner, Eric (New York)

Attorney for Defendant

Horowitz, Aviva Yocheved (New York)

Judge(s)

Cote, Denise (New York)

Francis, James C. IV (New York)

Attorney for Plaintiff

Borchetta, Jennifer Rolnick (New York)

Brenner, Eric (New York)

Jain, Niji (New York)

Kolodin, Zachary J. F. (New York)

Kovel, Mariana Louise (New York)

Shoop, Adam Nicholas (New York)

Steinberg, Johanna B. (New York)

Attorney for Defendant

Horowitz, Aviva Yocheved (New York)

Murray, Diana Marsh (New York)

Schonfeld, Samantha Michelle (New York)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
1:16-cv-00156	Docket [PACER]	Feb. 19, 2020	Feb. 19, 2020 Docket
1 1:16-cv-00156	Complaint	Jan. 8, 2016	Jan. 8, 2016 Complaint
31 1:16-cv-00156	Amended Complaint Encarnacion v. City of New Yorl	June 3, 2016	June 3, 2016 Complaint
33 1:16-cv-00156	Memorandum of Law in Support of Plaintiffs' Motion to Certify a Class Under Federal Rule of Civil Procedure 23	June 8, 2016	June 8, 2016 Pleading / Motion / Brief
80 1:16-cv-00156	Stipulation of Settlement and Order Encarnacion v. City Of New York	Feb. 12, 2018	Feb. 12, 2018 Settlement Agreement

show / hide documents

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4356401/encarnacion-v-city-of-new-york/

Last updated April 9, 2025, 11:40 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against City Of New York. (Filing Fee $ 400.00, Receipt Number 0208-11817861)Document filed by Victor M. Encarnacion, The Bronx Defenders.(Kovel, Mariana) (Entered: 01/08/2016)	Jan. 8, 2016	Jan. 8, 2016 RECAP
2	REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint. Document filed by Victor M. Encarnacion, The Bronx Defenders. (Kovel, Mariana) (Entered: 01/08/2016)	Jan. 8, 2016	Jan. 8, 2016 RECAP
3	CIVIL COVER SHEET filed. (Kovel, Mariana) (Entered: 01/08/2016)	Jan. 8, 2016	Jan. 8, 2016 RECAP
4	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Bronx Defenders.(Kovel, Mariana) (Entered: 01/08/2016)	Jan. 8, 2016	Jan. 8, 2016 RECAP
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mariana Louise Kovel. The party information for the following party/parties has been modified: Victor M. Encarnacion. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pc) (Entered: 01/11/2016)	Jan. 11, 2016	Jan. 11, 2016
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above−entitled action is assigned to Judge Denise L. Cote. 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. (pc) (Entered: 01/11/2016)	Jan. 11, 2016	Jan. 11, 2016
	Magistrate Judge James C. Francis IV is so designated. (pc) (Entered: 01/11/2016)	Jan. 11, 2016	Jan. 11, 2016
	Case Designated ECF. (pc) (Entered: 01/11/2016)	Jan. 11, 2016	Jan. 11, 2016
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mariana Louise Kovel. The party information for the following party/parties has been modified: Victor M. Encarnacion. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pc)	Jan. 11, 2016	Jan. 11, 2016
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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. (pc)	Jan. 11, 2016	Jan. 11, 2016
	Magistrate Judge James C. Francis IV is so designated. (pc)	Jan. 11, 2016	Jan. 11, 2016
	Case Designated ECF. (pc)	Jan. 11, 2016	Jan. 11, 2016
5	ELECTRONIC SUMMONS ISSUED as to City Of New York. (pc) (Entered: 01/11/2016)	Jan. 11, 2016	Jan. 11, 2016 RECAP
6	NOTICE OF APPEARANCE by Adam Nicholas Shoop on behalf of Victor Encarnacion, The Bronx Defenders. (Shoop, Adam) (Entered: 01/11/2016)	Jan. 11, 2016	Jan. 11, 2016 RECAP
7	NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice): Initial Conference set for 3/11/2016 at 11:00 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. -Please follow the procedures set forth in the Notice. (Signed by Judge Denise L. Cote on 1/13/2016) (gr) (Entered: 01/13/2016)	Jan. 13, 2016	Jan. 13, 2016 RECAP
8	AFFIDAVIT OF SERVICE. City Of New York served on 1/13/2016, answer due 2/3/2016. Service was accepted by B. YEE AUTHORIZED AGENT. Document filed by Victor Encarnacion; The Bronx Defenders. (Shoop, Adam) (Entered: 01/22/2016)	Jan. 22, 2016	Jan. 22, 2016
9	NOTICE OF APPEARANCE by Aviva Yocheved Horowitz on behalf of City Of New York. (Horowitz, Aviva) (Entered: 01/27/2016)	Jan. 27, 2016	Jan. 27, 2016 RECAP
10	NOTICE OF APPEARANCE by Johanna Beth Steinberg on behalf of Victor Encarnacion, The Bronx Defenders. (Steinberg, Johanna) (Entered: 01/27/2016)	Jan. 27, 2016	Jan. 27, 2016 RECAP
11	FIRST LETTER MOTION for Extension of Time addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated February 1, 2016. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 02/01/2016)	Feb. 1, 2016	Feb. 1, 2016
12	ENDORSED letter addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated February 1, 2016 re: City of New York's Letter request for extension of Time to answer from 2/3/016 to 3/11/2016. ENDORSEMENT: The extension is granted to 3/10/16. (Signed by Judge Denise L. Cote on 2/2/2016) (gr) (Entered: 02/02/2016)	Feb. 2, 2016	Feb. 2, 2016
13	LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated February 19, 2016. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 02/19/2016)	Feb. 19, 2016	Feb. 19, 2016 RECAP
14	ENDORSED LETTER addressed to Judge Cote from Aviva Y. Horowitz dated February 19, 2016 requesting the adjournment of the February 26, 2016 Conference with consent of Plaintiff. ENDORSEMENT: The conference is adjourned to March 18 at 11:30 a.m. (Signed by Judge Denise L. Cote on 2/19/2016) (gr) (Entered: 02/19/2016)	Feb. 19, 2016	Feb. 19, 2016
15	ANSWER to 1 Complaint. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 03/10/2016)	March 10, 2016	March 10, 2016 RECAP
16	NOTICE OF APPEARANCE by Eric Brenner on behalf of The Bronx Defenders. (Brenner, Eric) (Entered: 03/14/2016)	March 14, 2016	March 14, 2016
17	NOTICE OF CHANGE OF ADDRESS by Johanna Beth Steinberg on behalf of All Plaintiffs. New Address: The Bronx Defenders, 360 East 161st Street, Bronx, New York, United States 10451, 718.508.3447. (Steinberg, Johanna) (Entered: 03/17/2016)	March 17, 2016	March 17, 2016
18	NOTICE OF APPEARANCE by Aviva Yocheved Horowitz on behalf of City Of New York. (Horowitz, Aviva) (Entered: 03/17/2016)	March 17, 2016	March 17, 2016
	Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 3/18/2016. (Court Reporter Sonya Huggins) (gr) (Entered: 03/18/2016)	March 18, 2016	March 18, 2016
19	COURT EXHIBIT 1 (Property Clerk Division Acknowledgement of Demand Form) marked on March 18, 2016 during the initial conference proceeding. (gr) (Entered: 03/18/2016)	March 18, 2016	March 18, 2016
	Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 3/18/2016. (Court Reporter Sonya Huggins) (gr)	March 18, 2016	March 18, 2016
20	PRETRIAL SCHEDULING ORDER: As set forth at the pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on March 18, 2016, the following schedule shall govern the further conduct of pretrial proceedings in this case: 1) The parties shall submit a status letter to the Court by April 21, 2016. 2)The following motion will be served by the dates indicated below. Defendants motion to dismiss: Motion served by May 13, 2016; Opposition served by June 3, 2016; Reply served by June 10, 2016.... (Signed by Judge Denise L. Cote on 3/21/2016) (gr) (Entered: 03/21/2016)	March 21, 2016	March 21, 2016 RECAP
21	TRANSCRIPT of Proceedings re: CONFERENCE held on 3/18/2016 before Judge Denise L. Cote. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 4/22/2016. Redacted Transcript Deadline set for 5/2/2016. Release of Transcript Restriction set for 6/30/2016.(McGuirk, Kelly) (Entered: 03/29/2016)	March 29, 2016	March 29, 2016
22	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/18/16 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...(McGuirk, Kelly) (Entered: 03/29/2016)	March 29, 2016	March 29, 2016 RECAP
23	STATUS REPORT. AND REQUEST FOR EXTENSION OF TIME Document filed by City Of New York.(Horowitz, Aviva) (Entered: 04/21/2016)	April 21, 2016	April 21, 2016
24	ENDORSED LETTER addressed to Judge Denise L. Cote from Aviva Horowitz dated 4/21/16 re STATUS REPORT AND REQUEST FOR EXTENSION OF TIME to submit a status letter by May 12, 2016 and to amend the briefing schedule for motion to dismiss. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/21/2016) (gr) (Entered: 04/21/2016)	April 21, 2016	April 21, 2016
25	STATUS REPORT. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 05/12/2016)	May 12, 2016	May 12, 2016
26	ENDORSED LETTER addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated 5/12/2016 re: defendant is prepared to proceed with the motion to dismiss the action with the briefing schedule set forth in the April 21, 2016 status letter approved by the Court.... ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 5/13/2016) (gr) (Entered: 05/13/2016)	May 13, 2016	May 13, 2016
27	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 James C. Francis. (Signed by Judge Denise L. Cote on 5/13/2016) (gr) (Entered: 05/17/2016)	May 17, 2016	May 17, 2016
28	ORDER: On May 12, 2016, the defendant submitted a status report in the above-captioned matter. Accordingly, it is hereby ORDERED that, by Tuesday, May 17 at 5:00 p.m., the parties shall contact the chambers of Magistrate Judge Francis to schedule settlement discussions under his supervision. Those settlement discussions are to take place in June. (Signed by Judge Denise L. Cote on 5/13/2016) (gr) (Entered: 05/17/2016)	May 17, 2016	May 17, 2016
29	LETTER addressed to Judge Denise L. Cote from Eric Brenner dated May 25, 2016 re: Amended Complaint. Document filed by The Bronx Defenders.(Brenner, Eric) (Entered: 05/25/2016)	May 25, 2016	May 25, 2016
30	LETTER addressed to Judge Denise L. Cote from Eric Brenner dated June 2, 2016 re: Amended Complaint. Document filed by The Bronx Defenders.(Brenner, Eric) (Entered: 06/02/2016)	June 2, 2016	June 2, 2016
31	FIRST AMENDED COMPLAINT amending 1 Complaint against City Of New York with JURY DEMAND.Document filed by Victor Encarnacion, The Bronx Defenders, Kenneth Clavasquin, Kaleb Hagos. Related document: 1 Complaint filed by The Bronx Defenders, Victor Encarnacion.(Brenner, Eric) (Entered: 06/03/2016)	June 3, 2016	June 3, 2016 RECAP
32	MOTION to Certify Class . Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders.(Brenner, Eric) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016
33	MEMORANDUM OF LAW in Support re: 32 MOTION to Certify Class . . Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016 RECAP
34	DECLARATION of Eric Brenner in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016
35	FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 41 Declaration) - DECLARATION of Mariana Kovel in Support re: 32 MOTION to Certify Class . Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) Modified on 6/8/2016 (db). (Entered: 06/08/2016)	June 8, 2016	June 8, 2016
36	DECLARATION of Michael Pope in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Attachments: # 1 Exhibit Vargas Article 78 Notice of Petition)(Brenner, Eric) (Entered: 06/08/2016) 1 Exhibit Vargas Article 78 Notice of Petition View on RECAP	June 8, 2016	June 8, 2016 RECAP
37	DECLARATION of Lisa Schreibersdorf in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016 RECAP
38	DECLARATION of Adam Shoop in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Attachments: # 1 Exhibit NYPD Property Clerk Division 2013 Accounting Summary, # 2 Exhibit Police Department City of New York Revenue Generated for July 1, 2012 to June 30, 2013, # 3 Exhibit Report on the Fiscal 2017 Preliminary Budget and the Fiscal 2016 Preliminary Mayors Management Report New York Police Department)(Brenner, Eric) (Entered: 06/08/2016) 1 Exhibit NYPD Property Clerk Division 2013 Accounting Summary View on PACER 2 Exhibit Police Department City of New York Revenue Generated for July 1, 2012 to View on PACER 3 Exhibit Report on the Fiscal 2017 Preliminary Budget and the Fiscal 2016 Prelimi View on PACER	June 8, 2016	June 8, 2016 RECAP
39	DECLARATION of Alexandra Rockoff in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016 RECAP
40	DECLARATION of Steven Wasserman in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016 RECAP
41	DECLARATION of Mariana Kovel in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/08/2016)	June 8, 2016	June 8, 2016 RECAP
42	LETTER MOTION to Adjourn Conference and Extend Time to Submit Pre-Mediation Memo addressed to Magistrate Judge James C. Francis IV from Aviva Y. Horowitz dated June 9, 2016. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 06/09/2016)	June 9, 2016	June 9, 2016 RECAP
43	NOTICE OF APPEARANCE by Mariana Louise Kovel on behalf of Kenneth Clavasquin, Kaleb Hagos. (Kovel, Mariana) (Entered: 06/09/2016)	June 9, 2016	June 9, 2016
44	NOTICE OF APPEARANCE by Adam Nicholas Shoop on behalf of Kenneth Clavasquin, Kaleb Hagos. (Shoop, Adam) (Entered: 06/09/2016)	June 9, 2016	June 9, 2016
45	SCHEDULING ORDER: On June 8, 2016, the plaintiffs filed a motion for class certification under Rule 23, Fed. R. Civ. P. Accordingly, it is hereby ORDERED that that defendants opposition is due on Friday, July 8. The plaintiffs reply, if any, is due by Friday, July 22.... (Signed by Judge Denise L. Cote on 6/9/2016) (gr) (Entered: 06/09/2016)	June 9, 2016	June 9, 2016
46	LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James C. Francis IV from Eric Brenner dated June 10, 2016 re: 42 LETTER MOTION to Adjourn Conference and Extend Time to Submit Pre-Mediation Memo addressed to Magistrate Judge James C. Francis IV from Aviva Y. Horowitz dated June 9, 2016. . Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/10/2016)	June 10, 2016	June 10, 2016
47	NOTICE OF APPEARANCE by Johanna Beth Steinberg on behalf of Kenneth Clavasquin, Kaleb Hagos. (Steinberg, Johanna) (Entered: 06/13/2016)	June 13, 2016	June 13, 2016
48	ORDER denying 42 Letter Motion to Adjourn Conference. The amendments to the complaint do not appear to materially affect any potential settlement. Moreover, delaying settlement discussions could disrupt the schedule for moving for class certification. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 06/14/2016)	June 14, 2016	June 14, 2016
49	FIRST LETTER MOTION for Extension of Time to File Answer to Amended Complaint addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated June 16, 2016. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 06/16/2016)	June 16, 2016	June 16, 2016
50	MEMO ENDORSEMENT granting 49 Letter Motion for Extension of Time for City Of New York to answer until 7/8/2016 addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated June 16, 2016. (Signed by Judge Denise L. Cote on 6/16/2016) (gr) (Entered: 06/16/2016)	June 16, 2016	June 16, 2016
51	SECOND LETTER MOTION for Extension of Time to File Answer to Amended Complaint and for Extension of Time to Respond to the Plaintiffs' Motion for Class Certification addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated June 20, 2016. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 06/20/2016)	June 20, 2016	June 20, 2016
52	MEMO ENDORSEMENT granting 51 Letter Motion for Extension of Time for City Of New York to answer the Amended Complaint by 7/29/2016 and an extension of time to respond to the Plaintiffs' Motion for Class Certification by 8/17/2016 addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated June 20, 2016. (Signed by Judge Denise L. Cote on 6/21/2016) (gr) (Entered: 06/21/2016)	June 21, 2016	June 21, 2016
	Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 7/6/2016. (Bacchus, Michael) (Entered: 07/07/2016)	July 6, 2016	July 6, 2016
	Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 7/6/2016. (Bacchus, Michael)	July 6, 2016	July 6, 2016
53	FIRST LETTER MOTION to Stay all proceedings in the instant matter addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated July 25, 2016. Document filed by City Of New York. (Attachments: # 1 Text of Proposed Order Stay)(Horowitz, Aviva) (Entered: 07/25/2016) 1 Text of Proposed Order Stay View on PACER	July 25, 2016	July 25, 2016
54	STIPULATION......by and between counsel to the respective parties in the above-captioned actions, that all proceedings in this instant matter shall be stayed through February 28, 2017 while the parties work toward a possible settlement..... (Signed by Judge Denise L. Cote on 7/25/2016) (gr) (Entered: 07/25/2016)	July 25, 2016	July 25, 2016
55	ORDER: On June 8, 2016, the plaintiffs filed a motion for class certification under Rule 23, Fed. R. Civ. P. On July 25, the parties filed a stipulation agreeing to stay the above-captioned action for six months while the terms of an initial settlement are implemented. Accordingly, it is hereby ORDERED that the plaintiffs June 8, 2016 motion for class certification is denied without prejudice to renewal upon the expiration of the six-month stay. (Signed by Judge Denise L. Cote on 7/25/2016) (gr) (Entered: 07/25/2016)	July 25, 2016	July 25, 2016 RECAP
56	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mariana Louise Kovel to Withdraw as Attorney for Plaintiffs in this matter. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Attachments: # 1 Affidavit of Mariana Kovel in support of Motion to Withdraw Appearance)(Kovel, Mariana) Modified on 8/9/2016 (db). (Entered: 07/28/2016) 1 Affidavit of Mariana Kovel in support of Motion to Withdraw Appearance View on PACER	July 28, 2016	July 28, 2016
57	MEMO ENDORSEMENT granting 56 Motion to Withdraw as Attorney. Attorney Mariana Louise Kovel terminated. (Signed by Judge Denise L. Cote on 8/8/2016) (gr) (Entered: 08/08/2016)	Aug. 8, 2016	Aug. 8, 2016
58	STATUS REPORT. and Joint Requst for Mediation and Continuance of Stay Document filed by City Of New York.(Horowitz, Aviva) (Entered: 02/28/2017)	Feb. 28, 2017	Feb. 28, 2017
59	ORDER: On February 28, 2017, the defendant submitted a status report in the above-captioned matter. Accordingly, it is hereby ORDERED that the parties shall immediately contact the chambers of Magistrate Judge Francis to schedule settlement discussions under his supervision. Those settlement discussions are to take place in March. IT IS FURTHER ORDERED that the stay in the above-captioned matter will be continued through April 7, 2017. IT IS FURTHER ORDERED that the defendant shall submit a status report by April 7, 2017. (Signed by Judge Denise L. Cote on 2/28/2017) (gr) (Entered: 03/01/2017)	March 1, 2017	March 1, 2017
60	LETTER MOTION for Extension of Time For Mediation addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated March 14, 2017. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 03/15/2017)	March 15, 2017	March 15, 2017
61	MEMO ENDORSEMENT granting 60 Letter Motion for Extension of Time by which the parties are to schedule mediation with Magistrate Judge Francis. (Signed by Judge Denise L. Cote on 3/15/2017) (gr) (Entered: 03/15/2017)	March 15, 2017	March 15, 2017
62	NOTICE OF APPEARANCE by Niji Jain on behalf of Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Jain, Niji) (Entered: 03/29/2017)	March 29, 2017	March 29, 2017
63	STATUS REPORT. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 04/07/2017)	April 7, 2017	April 7, 2017
64	ENDORSED LETTER addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated 4/7/2017 re: parties jointly request that the stay of all papers, discovery and Court appearances be continued through 5/26/17. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/7/2017) (gr) (Entered: 04/07/2017)	April 7, 2017	April 7, 2017
65	STATUS REPORT. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 05/26/2017)	May 26, 2017	May 26, 2017
66	MEMO ENDORSEMENT: on re: 65 Status Report filed by City Of New York. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/30/2017) (ap) (Entered: 05/30/2017)	May 30, 2017	May 30, 2017
	Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 6/22/2017. (Bacchus, Michael) (Entered: 06/22/2017)	June 22, 2017	June 22, 2017
	Set Hearing: Pretrial Conference set for 6/27/2017 at 10:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (gr) (Entered: 06/22/2017)	June 22, 2017	June 22, 2017
	Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 6/22/2017. (Bacchus, Michael)	June 22, 2017	June 22, 2017
67	ORDER: The complaint in this action was filed January 8, 2016. The plaintiffs filed an amended complaint on June 3 and moved to certify the class on June 8. On June 25, the action was stayed for six months pursuant to a joint request, and the motion for class certification was denied without prejudice to renewal upon expiration of the stay. The stay has since been extended three times while the parties have worked to agree to a settlement. It having been reported that a settlement has not been reached and the parties wish to proceed with litigation, it is hereby ORDERED that the stay is lifted. IT IS FURTHER ORDERED that counsel for all parties are directed to appear for a conference with the Court on June 27 at 10:30 a.m. in Courtroom 15B, 500 Pearl Street. IT IS FURTHER ORDERED that the defendant shall file an answer or any motion to dismiss by June 30, 2017. (Signed by Judge Denise L. Cote on 6/22/2017) (gr) (Entered: 06/22/2017)	June 22, 2017	June 22, 2017
	Set Hearing: Pretrial Conference set for 6/27/2017 at 10:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (gr)	June 22, 2017	June 22, 2017
68	PRETRIAL SCHEDULING ORDER: As set forth at the pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on June 27, 2017, the following schedule shall govern the further conduct of pretrial proceedings in this case.....A confidentiality agreement, or any dispute as to such an agreement, must be submitted to the Court by July 14. All fact discovery must be completed by November 17.....All discovery must be completed by January 19, 2017.....Any motion for summary judgment: -Motion served by February 9; Opposition served by March 2; Reply served by March 16....In the event no motion is filed, the Joint Pretrial Order must be filed by February 9.... (Signed by Judge Denise L. Cote on 6/27/2017) (gr) (Entered: 06/27/2017)	June 27, 2017	June 27, 2017
69	LETTER addressed to Judge Denise L. Cote from Niji Jain dated June 30, 2017 re: Pretrial Scheduling Order. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders.(Jain, Niji) (Entered: 06/30/2017)	June 30, 2017	June 30, 2017
70	ANSWER to 31 Amended Complaint,. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 06/30/2017)	June 30, 2017	June 30, 2017
71	ENDORSED LETTER addressed to Judge Denise L. Cote from Niji Jain dated June 30, 2017 re: The parties have conferred and jointly request that the schedule require a class certification motion to be served no later than the deadline for filing dispositive motions (2/9/18), with opposition due three week after the motion is served and reply due two weeks after the opposition. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 6/30/2017) (gr) (Entered: 06/30/2017)	June 30, 2017	June 30, 2017
72	LETTER MOTION for Discovery Protective Order addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated July 14, 2017. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 07/14/2017)	July 14, 2017	July 14, 2017
73	STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 7/17/2017) (gr) (Entered: 07/17/2017)	July 17, 2017	July 17, 2017
	Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 7/21/2017. (Bacchus, Michael) (Entered: 07/25/2017)	July 21, 2017	July 21, 2017
	Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 7/21/2017. (Bacchus, Michael)	July 21, 2017	July 21, 2017
74	TRANSCRIPT of Proceedings re: CONFERENCE held on 6/27/2017 before Judge Denise L. Cote. Court Reporter/Transcriber: Rebecca Forman, (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 8/16/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/24/2017.(McGuirk, Kelly) (Entered: 07/26/2017)	July 26, 2017	July 26, 2017
75	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/27/17 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...(McGuirk, Kelly) (Entered: 07/26/2017)	July 26, 2017	July 26, 2017
	Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 9/12/2017. (Bacchus, Michael) (Entered: 09/12/2017)	Sept. 12, 2017	Sept. 12, 2017
	Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 9/12/2017. (Bacchus, Michael)	Sept. 12, 2017	Sept. 12, 2017
76	NOTICE OF APPEARANCE by Diana Marsh Murray on behalf of City Of New York. (Murray, Diana) (Entered: 09/17/2017)	Sept. 17, 2017	Sept. 17, 2017
	Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 9/20/2017. (Hotelling, David) (Entered: 09/26/2017)	Sept. 20, 2017	Sept. 20, 2017
	Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 9/20/2017. (Hotelling, David)	Sept. 20, 2017	Sept. 20, 2017
	Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 10/19/2017. (Hotelling, David) (Entered: 10/19/2017)	Oct. 19, 2017	Oct. 19, 2017
	Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 10/19/2017. (Hotelling, David)	Oct. 19, 2017	Oct. 19, 2017

show / hide docket entries

Case Details

State / Territory:

New York

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 8, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals whose property was seized by the NYPD during an arrest and wrongfully withheld by the NYPD even after their criminal cases were dismissed, and The Bronx Defenders who represented these individuals in their criminal cases.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of New York, City

Defendant Type(s):

Law-enforcement

Case Details