Case: Goodman v. City of New York

1:10-cv-05236 | U.S. District Court for the Southern District of New York

Filed Date: July 9, 2010

Clearinghouse coding complete

Case Summary

On July 9, 2010, a retired NYPD officer, represented by the U.S. Department of Justice Civil Rights Division, filed this class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiff sued the City of New York, the New York City Police Department, and the New York City Police Pension Fund under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The plaintiff sought declaratory, injunctive, and monetary relief as well as attorney…

On July 9, 2010, a retired NYPD officer, represented by the U.S. Department of Justice Civil Rights Division, filed this class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiff sued the City of New York, the New York City Police Department, and the New York City Police Pension Fund under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The plaintiff sought declaratory, injunctive, and monetary relief as well as attorneys’ fees and costs. According to the plaintiff, in computing the plaintiff’s pensionable earnings, the defendants failed to rely on the plaintiff’s average rate of compensation and failed to take into account the compensation the plaintiff would have received but for his periods of military service. The plaintiff claimed that as a result of the computational errors that were in violation of USERRA, the plaintiff suffered a loss of pension benefits in an amount to be determined at trial. The case was assigned to Judge Richard J. Sullivan and Magistrate Judge Henry B. Pitman.

On October 8, 2010, the defendants moved to dismiss the complaint in its entirety on the ground that the complaint failed to state a claim because USERRA does not require defendants to include overtime and night shift differential pay that plaintiff did not earn due to military service in calculating plaintiff’s pension. Disagreeing with the plaintiffs, Judge Sullivan denied this motion. 2011 WL 4469513.

In their answer to the complaint, the defendants made a counterclaim, alleging that the plaintiff had failed to make reimbursement payments owed to the City of New York in the amount of $78,481.80. On December 16, 2011, the plaintiff moved to dismiss this counterclaim for lack of subject matter jurisdiction, and alternatively, for failure to state a claim. Agreeing with the plaintiff’s jurisdictional argument, the court dismissed the defendants’ counterclaim on February 22, 2012.

On June 15, 2012, the defendants filed a motion for leave to file an interlocutory appeal of the court’s dismissal of the defendant’s counterclaims. Then, on July 30, 2012, the court denied the defendants’ motion for leave to appeal for reasons that are unavailable on the docket. That same day, the plaintiffs filed their amended complaint, adding class allegations and two additional plaintiffs who were also retired NYPD officers.

On June 17, 2013, the plaintiffs moved the court to preliminarily approve the settlement agreement and to certify class for the purposes of settlement. On July 2, 2013, the court approved this motion and retained jurisdiction over the matter to ensure compliance.

The settlement agreement provided substantial relief for then-current NYPD officers who were members of the Police Pension Fund, NYPD service member retirees who were receiving pensions from the Police Pension Fund, and current City employees belonging to other City retirement systems. Active officers were entitled to significant injunctive relief, while retirees were entitled to both injunctive relief and full monetary relief. Additionally, the agreement required the defendants to recalculate the pensionable earnings of NYPD actives, publish the agreement so that it might be readily available to its active and retired employees, and train the defendant’s employees responsible for performing the calculations. Finally, and importantly, the City of New York had agreed to take steps to ensure that all of the principles outlined in the agreement would apply to other City of New York employees, both active and retired. Specifically, the City would request that other city retirement systems implement the principles of the agreement with respect to their members.

On December 30, 2013, the plaintiffs moved for final approval of the settlement agreement, which the court granted on January 14, 2014. Over the next two years, the parties moved for extensions of time to comply with the settlement agreement. The docket was last updated on April 13, 2016 with a compliance deadline of June 29, 2016. The case is presumably closed.

Summary Authors

Jake Parker (6/20/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4347905/parties/goodman-v-city-of-new-york/


Judge(s)

Sullivan, Richard Joseph (New York)

Attorneys(s) for Plaintiff

Bharara, Preetinder S. (New York)

Chaudhury, Arastu Kabeer (New York)

Gadzichowski, John M. (District of Columbia)

La Morte, Tara Marie (New York)

McNally, Keri Reid (New York)

Perez, Thomas E. (District of Columbia)

Welch, Alicia Hayley (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Comfrey, Kathleen M. (New York)

Judge(s)

Sullivan, Richard Joseph (New York)

Attorneys(s) for Plaintiff

Bharara, Preetinder S. (New York)

Chaudhury, Arastu Kabeer (New York)

Gadzichowski, John M. (District of Columbia)

La Morte, Tara Marie (New York)

McNally, Keri Reid (New York)

Perez, Thomas E. (District of Columbia)

Welch, Alicia Hayley (New York)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Comfrey, Kathleen M. (New York)

Downs, Alexis (New York)

Rowntree, Laura C (New York)

Snow, Keith Michael (New York)

Stockman, Benjamin E. Mr. (New York)

Documents in the Clearinghouse

Document

1:10-cv-05236

Docket [PACER]

April 13, 2016

April 13, 2016

Docket
1

1:10-cv-05236

Complaint

July 9, 2010

July 9, 2010

Complaint
19

1:10-cv-05236

Memorandum and Order

2011 WL 4469513

Sept. 26, 2011

Sept. 26, 2011

Order/Opinion
72

1:10-cv-05236

First Amended Class Action Complaint

Aug. 2, 2012

Aug. 2, 2012

Complaint
91

1:10-cv-05236

Plaintiff's Memorandum of Law in Support of Plaintiff's Unopposed Motion for Conditional Certification of the Settlement Class, Preliminary Approval of the Settlement Agreement, and Approval of the Forms of Class Notice

June 17, 2013

June 17, 2013

Pleading / Motion / Brief
97

1:10-cv-05236

Order Conditionally Certifying the Settlement Class and Settlement Sub-Classes, Preliminarily Approving the Settlement Agreement, Approving Forms of Class Notice and Scheduling a Fairness Hearing

July 2, 2013

July 2, 2013

Order/Opinion
110

1:10-cv-05236

Final Order Approving Class Settlement

Jan. 14, 2014

Jan. 14, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4347905/goodman-v-city-of-new-york/

Last updated Aug. 2, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of New York, New York City Police Department, New York City Police Pension Fund. Document filed by David Goodman.(mro) (mro). (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

PACER
2

NOTICE OF APPEARANCE by Alicia Hayley Welch on behalf of City of New York, New York City Police Department, New York City Police Pension Fund (Welch, Alicia) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
3

ENDORSED LETTER: addressed to Judge Richard J. Sullivan from Alicia H. Welch dated 7/28/2010 re: Accordingly, defendants respectfully request an extension of time until September 3, 2010 to respond to the complaint. ENDORSEMENT: This request is GRANTED. It is hereby ordered that Defendants must answer or otherwise respond to the complaint by no later than September 3, 2010. So Ordered. (Signed by Judge Richard J. Sullivan on 7/28/2010) (js) (Entered: 07/29/2010)

July 29, 2010

July 29, 2010

PACER
4

AFFIDAVIT OF SERVICE of Summons and Complaint. City of New York served on 7/16/2010, answer due 9/3/2010. Service was accepted by Dimitri Aronov. Document filed by David Goodman. (La Morte, Tara) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
5

AFFIDAVIT OF SERVICE of Summons and Complaint. New York City Police Department served on 7/16/2010, answer due 9/3/2010. Service was accepted by Dimitri Aronov. Document filed by David Goodman. (La Morte, Tara) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
6

AFFIDAVIT OF SERVICE of Summons and Complaint. New York City Police Pension Fund served on 7/14/2010, answer due 9/3/2010. Service was accepted by Steven Welsome. Document filed by David Goodman. (La Morte, Tara) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
7

ORDER: Initial Status Conference set for 9/8/2010 at 09:30 AM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan. By 9/1/2010 at 4:00 p.m., the parties shall jointly submit a status letter, not to exceed fives pages. By Wednesday, 9/1/2010 at 4:00 p.m., the parties shall submit to the Court a proposed case management plan and scheduling order. (Signed by Judge Richard J. Sullivan on 8/19/2010) (tro) (Entered: 08/20/2010)

Aug. 19, 2010

Aug. 19, 2010

PACER
8

ORDER: The Court is in receipt of a letter, dated August 25, 2010, from Defendants, requesting leave to file a motion to dismiss the complaint. Pursuant to the Court's Individual Practices, Rule 2A, Plaintiff shall respond to this letter by no later than August 30, 2010. Plaintiff shall email his letter to sullivannysdchambers@nysd.uscourts.gov. The initial conference scheduled for Wednesday, September 8, 2010 shall also serve as a pre-motion conference. The conference, however, shall take place at 3:00 p.m., rather than at 9:30 am. Given Defendants' contemplated motion to dismiss, the parties shall not make the submissions described in the Court's August 19, 2010 Order at this time. (Initial Conference/Pre-Motion Conference set for 9/8/2010 at 03:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 8/25/10) (db) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

PACER
9

ORDER: As stated on the record at today's conference, the parties shall adhere to the following schedule with respect to Defendants' motion to dismiss: (l) Defendants shall file their motion and supporting papers by October 8, 2010; (2) Plaintiff shall file his opposition papers by November 8, 2010; and (3) Defendants shall file their reply papers by no later than November 19, 2010. The parties are reminded to follow the Court's Individual Practices, Rule 2, with regard to motion papers. (Signed by Judge Richard J. Sullivan on 9/8/2010) (jpo) (Entered: 09/09/2010)

Sept. 9, 2010

Sept. 9, 2010

PACER
10

TRANSCRIPT of proceedings held on September 8, 2010 4:00 p.m. before Judge Richard J. Sullivan. (ajc) (Entered: 10/06/2010)

Oct. 4, 2010

Oct. 4, 2010

PACER
11

FIRST MOTION to Dismiss (Notice of Motion). Document filed by City of New York, New York City Police Department, New York City Police Pension Fund. Responses due by 11/8/2010(Welch, Alicia) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
12

FIRST MEMORANDUM OF LAW in Support re: 11 FIRST MOTION to Dismiss (Notice of Motion).. Document filed by City of New York, New York City Police Department, New York City Police Pension Fund. (Welch, Alicia) (Entered: 10/08/2010)

Oct. 8, 2010

Oct. 8, 2010

PACER
13

DECLARATION of Assistant Corporation Counsel Alicia H. Welch in Support re: 11 FIRST MOTION to Dismiss (Notice of Motion).. Document filed by City of New York, New York City Police Department, New York City Police Pension Fund. (Attachments: # 1 Exhibit A-H)(Welch, Alicia) (Entered: 10/08/2010)

1 Exhibit A-H

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Oct. 8, 2010

Oct. 8, 2010

PACER
14

MEMORANDUM OF LAW in Opposition re: 11 FIRST MOTION to Dismiss (Notice of Motion).. Document filed by David Goodman. (La Morte, Tara) (Entered: 11/08/2010)

Nov. 8, 2010

Nov. 8, 2010

PACER
15

FIRST REPLY MEMORANDUM OF LAW in Support re: 11 FIRST MOTION to Dismiss (Notice of Motion).. Document filed by City of New York, New York City Police Department, New York City Police Pension Fund. (Welch, Alicia) (Entered: 11/19/2010)

Nov. 19, 2010

Nov. 19, 2010

PACER
16

ORDER: Given the similarity of the legal issues presented by these cases, and the fact that the parties in each action are represented by the same counsel, Defendants' motion to dismiss the Doherty action is DEEMED MADE. The Court will therefore construe the parties' briefing on the Goodman motion to dismiss as applying equally to Defendant's motion to dismiss the Doherty action. If either party to the Doherty action wishes to supplement the submissions it made in the Goodman action, it may do so by July 8, 2011. Additionally, the status conference in the Doherty action, currently scheduled for July 15, 2011, at 10:30 a.m., is adjourned until Friday, July 22,2011, at 2:30p.m. At that time, the Court will hear argument from the parties on Defendants' motions. Finally, the parties in the Doherty action need not submit a joint letter or proposed case management plan in advance of the conference. (Signed by Judge Richard J. Sullivan on 6/13/2011) (jpo) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

PACER
17

ORDER. IT IS HEREBY ORDERED that the oral argument currently scheduled for July 22, 2011, is rescheduled for Wednesday, July 20, 2011, at 10:00 a.m. in Courtroom 21C. (Oral Argument set for 7/20/2011 at 10:00 AM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 7/6/2011) (rjm) (Entered: 07/07/2011)

July 7, 2011

July 7, 2011

PACER
18

ORDER: It is hereby ordered that Plaintiff Doherty may submit a response to defendants' supplemental briefing by July 22, 2011, and Defendants may submit reply papers by August 1, 2011. Additionally, the oral argument scheduled for July 20, 2011, is adjourned until Friday, August 19, 2011, at 2:00 p.m. in Courtroom 21C. So Ordered (Signed by Judge Richard J. Sullivan on 7/11/2011) (js) (Entered: 07/11/2011)

July 11, 2011

July 11, 2011

PACER
19

For the foregoing reasons, Defendants motions to dismiss are denied. Accordingly,It is hereby ordered that, by October 19, 2011, the parties shall submit a joint letter, not to exceed five pages, providing the following information in separate paragraphs: (1) a brief description of any discovery that has already taken place, and that which will be necessary for the parties to engage in meaningful settlement negotiations; (2) a list of all prior settlement discussions, including the date, the parties involved, and the approximate duration of such discussions, if any; and (3) the estimated length of trial IT IS FURTHER ORDERED that, by October 19, 2011, the parties shall submit a proposed case management plan and scheduling order, which is available at www.nysd.uscourts.gov/judge/sullivan. IT IS FURTHER ORDERED that the parties shall appear for a status conference on October 28, 2011, at 9:30 a.m. in Courtroom 21 C of the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York.The Clerk of Court is respectfully directed to terminate the motions located at Doc. No.11 in Goodman v. NYC, 10 Civ. 5236, and at Doc. No. 11 in Doherty v. NYC, 11 Civ.3432. (Signed by Judge Richard J. Sullivan on 9/26/2011) (js) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

PACER
20

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Diana Goell Voigt dated 10/5/11 re: Counsel for the City Defendants writes to request an extension of time from 10/11/11 to 10/14/11 to serve and file their response to the complaints. ENDORSEMENT: So ordered. City of New York answer due 10/14/2011; New York City Police Department answer due 10/14/2011; New York City Police Pension Fund answer due 10/14/2011. (Signed by Judge Richard J. Sullivan on 10/5/2011) (mro) (Entered: 10/06/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
21

NOTICE OF APPEARANCE by Keri Reid McNally on behalf of City of New York, New York City Police Department, New York City Police Pension Fund (McNally, Keri) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
22

ANSWER to 1 Complaint., COUNTERCLAIM against David Goodman. Document filed by New York City Police Department, City of New York, New York City Police Pension Fund.(McNally, Keri) (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER
23

ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Order filed January 3, 2011). Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 10/27/2011. Mediator Expertise Request due by 10/24/2011. (Signed by Judge Loretta A. Preska on 01/03/2011) (sc) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
24

CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. 636(c). This case is not to be tried to a jury. Deposition due by 4/6/2012. All Discovery due by 4/6/2012. Referral to the Southern District's Mediation Program. Parties have conferred and their present best estimate of the length of trial is 2 days, and as further set forth. (Signed by Judge Richard J. Sullivan on 10/28/2011) (rjm) (Entered: 10/31/2011)

Oct. 28, 2011

Oct. 28, 2011

PACER
25

ORDER: that the parties shall appear for a pre-motion conference on Wednesday, November 30, 2011, at 2:30 p.m. (Signed by Judge Richard J. Sullivan on 11/10/2011) (pl) (Entered: 11/10/2011)

Nov. 10, 2011

Nov. 10, 2011

PACER
26

ORDER: Pre-Motion Conference rescheduled for 12/9/2011 at 03:00 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 11/28/2011) (ft) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

PACER
27

TRANSCRIPT of Proceedings re: Argument held on 8/19/2011 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Tara Jones, (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 1/3/2012. Redacted Transcript Deadline set for 1/12/2012. Release of Transcript Restriction set for 3/9/2012.(McGuirk, Kelly) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

PACER
28

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 8/19/11 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: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

PACER
29

ORDER: As stated on the record at the December 9, 2011 conference, briefing on Plaintiffs' motion to dismiss Defendants' counterclaims shall adhere to the following schedule. Additionally, as stated on the record, all discovery deadlines are extended by thirty days. The post-discovery conference currently scheduled for April 20,2012, is adjourned until May 23, 2012, at11:00 a.m. Motions due by 12/16/2011. Responses due by 1/13/2012 Replies due by 1/23/2012. Oral Argument set for 2/22/2012 at 10:30 AM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 12/9/2011) (rdz) (Entered: 12/12/2011)

Dec. 9, 2011

Dec. 9, 2011

PACER
30

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Keri R. McNally dated 12/9/2011 re: The Mediation Office has asked the parties to secure the Court's written authorization to appoint the Goodman mediator to the Doherty matter and allow both cases to be mediated together. Thank you in advance for your consideration of this request. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 12/9/2011) (rdz) (Entered: 12/12/2011)

Dec. 9, 2011

Dec. 9, 2011

PACER
31

MOTION to Dismiss for Lack of Jurisdiction or for failure to state a claim for relief, Defendants' counterclaims. Document filed by David Goodman. Responses due by 1/13/2012(La Morte, Tara) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
32

MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss for Lack of Jurisdiction or for failure to state a claim for relief, Defendants' counterclaims.. Document filed by David Goodman. (La Morte, Tara) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
33

DECLARATION of Tara M. La Morte in Support re: 31 MOTION to Dismiss for Lack of Jurisdiction or for failure to state a claim for relief, Defendants' counterclaims.. Document filed by David Goodman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(La Morte, Tara) (Entered: 12/16/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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Dec. 16, 2011

Dec. 16, 2011

PACER
34

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Tara M. La Morte dated 1/10/12 re: Counsel for the plaintiffs requests that the Court enter a partial stay of discovery on defendants' counterclaims. ENDORSEMENT: The request is granted. Discovery is hereby stayed on Defendants' counterclaims pending resolution of Plaintiffs' motion to dismiss. (Signed by Judge Richard J. Sullivan on 1/10/2012 ***as per Chambers) (mro) (Entered: 01/11/2012)

Jan. 10, 2012

Jan. 10, 2012

PACER
35

MEMORANDUM OF LAW in Opposition re: 31 MOTION to Dismiss for Lack of Jurisdiction or for failure to state a claim for relief, Defendants' counterclaims.. Document filed by City of New York, New York City Police Department, New York City Police Pension Fund. (Attachments: # 1 Affidavit of Keri R. McNally)(McNally, Keri) (Entered: 01/13/2012)

1 Affidavit of Keri R. McNally

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Jan. 13, 2012

Jan. 13, 2012

PACER
36

ENDORSED LETTER addressed to Judge Richard J Sullivan from Tara M LaMorte dated 1/20/2012 re: Request for a 2 page extension o the 10 page limit for plaintiff's reply memorandum. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 1/20/2012) (cd) (Entered: 01/23/2012)

Jan. 21, 2012

Jan. 21, 2012

PACER
37

REPLY MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss for Lack of Jurisdiction or for failure to state a claim for relief, Defendants' counterclaims.. Document filed by David Goodman. (La Morte, Tara) (Entered: 01/23/2012)

Jan. 23, 2012

Jan. 23, 2012

PACER
38

REPLY AFFIDAVIT of Tara M. La Morte in Support re: 31 MOTION to Dismiss for Lack of Jurisdiction or for failure to state a claim for relief, Defendants' counterclaims.. Document filed by David Goodman. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14)(La Morte, Tara) (Entered: 01/23/2012)

1 Exhibit 11

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2 Exhibit 12

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3 Exhibit 13

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4 Exhibit 14

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Jan. 23, 2012

Jan. 23, 2012

PACER
39

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Richard J. Sullivan on 2/1/2012) (lmb) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
40

ORDER: For the reasons set forth on the record at the February 22, 2012 conference, the Court has revised the discovery schedule in the above-captioned matters. Accordingly, the mediation previously scheduled to be held by March 3, 2012 shall take place on or before May 2, 2012. (Signed by Judge Richard J. Sullivan on 2/22/2012) (mro) (Entered: 02/23/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
41

ORDER granting 31 Motion to Dismiss for Lack of Jurisdiction. For the reasons set forth on the record at the February 22, 2012 conference, Plaintiffs' motion to dismiss Defendants' counterclaims is HEREBY GRANTED. The Clerk of the Court is respectfully directed to terminate the motion located at Doc. No. 27 in Case No. 11 Civ. 3432 and the motion located at Doc. No. 31 in Case No.10 Civ. 5236. Additionally, the Court is in receipt of a joint letter from the parties, dated February 17, 2012, regarding three discovery issues requiring the Court's attention. For the reasons stated on the record at the February 22, 2012 conference, Defendants' objection to Plaintiffs' Request for Production 19 is OVERRULED; Defendants' objections to Plaintiffs' discovery "Requests for Production 27 and 28 and Interrogatories 3 and 4" are SUSTAINED. Finally, the parties requested a "60 day extension of the discovery deadlines" in the above-captioned matters. The Court grants the parties' request. Accordingly, IT IS HEREBY ORDERED that the post-discovery conference scheduled for May 23, 2012 is adjourned and rescheduled for July 27, 2012 at 10:00 a.m. IT IS FURTHER ORDERED that the existing discovery schedule shall be amended as follows: (1) deadlines for fact discovery and scheduling a mediation shall change from March 3, 2012 to May 2, 2012; (2) the deadline to identify experts and make Rule 26(b)(2) disclosures shall change from March 19, 2012 to May 18, 2012; (3) the deadline to disclose and serve rebuttal expert reports shall change from April 16, 2012 to June 15, 2012; and (4) the deadlines for concluding all discovery and for submitting pre-motion letters shall change from May 7, 2012 to July 6, 2012. (Signed by Judge Richard J. Sullivan on 2/22/2012) (mro) (Entered: 02/23/2012)

Feb. 22, 2012

Feb. 22, 2012

PACER
42

TRANSCRIPT of Proceedings re: Conference held on 10/28/2011 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Carol Ganley, (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 3/22/2012. Redacted Transcript Deadline set for 4/2/2012. Release of Transcript Restriction set for 6/1/2012.(McGuirk, Kelly) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER
43

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 10/28/2011 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: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER
44

ORDER: The Court is in receipt of Plaintiffs' letter, dated 4/23/2012, requesting an extension of the discovery deadlines in this action in light of (1) "Plaintiffs' intention to seek leave to file a motion to amend Goodman's Complaint," (2) the amount of discovery remaining to be completed," and (3) "counsel's current trial schedule." Although Plaintiffs proposed that "the parties be permitted to continue discovery pending the Court's disposition of Plaintiffs' pre-motion letter," Plaintiffs proposed no date by which they would submit their pre-motion letter and no date by which discovery would be extended. Accordingly, Plaintiffs' request is DENIED without prejudice for renewal. Should Plaintiffs renew their request, they should indicate the date by which they intend to submit their pre-motion letter and propose an amended discovery schedule. (Signed by Judge Richard J. Sullivan on 4/23/2012) (tro) (Entered: 04/24/2012)

April 24, 2012

April 24, 2012

PACER
45

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Tara M. La Morte dated 4/25/2012 re: The parties propose the following deadlines: Deadline to submit pre-motion letter: 5/2/12. Fact discovery deadline for individual claims: 6/25/12. Deadline to identify and make expert disclosures for individual claims: 7/11/12. Deadline to serve rebuttal expert reports for individual claims: 8/8/12. Deadline for expert discovery and submitting pre-motion letters for individual claims: 8/29/12. Postponement of July 27 post-discovery conference: To be set by the Court. ENDORSEMENT: Plaintiffs' request is GRANTED. The Court adopts Plaintiffs' proposed schedule. Additionally, IT IS HEREBY ORDERED that the post-discovery conference scheduled for July 27, 2012 is adjourned until Wednesday, September 19, 2012 at 10:00 a.m. ( Expert Discovery due by 8/29/2012., Fact Discovery due by 6/25/2012., Status Conference set for 9/19/2012 at 10:00 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 4/25/2012) (jfe) (Entered: 04/26/2012)

April 25, 2012

April 25, 2012

PACER
46

ENDORSED LETTER addressed to Judge Richard J Sullivan from Keri Reid McNally dated 5/4/2012 re: We respectfully request that the Court issue an order confirming that the deadline for scheduling mediation-like the fact discovery deadline-has been adjourned to June 25, 2012. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 5/4/2012) (cd) (Entered: 05/04/2012)

May 4, 2012

May 4, 2012

PACER
47

TRANSCRIPT of Proceedings re: CONFERENCE held on 12/9/2011 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Ann Hairston, (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 6/1/2012. Redacted Transcript Deadline set for 6/11/2012. Release of Transcript Restriction set for 8/9/2012.(McGuirk, Kelly) (Entered: 05/08/2012)

May 8, 2012

May 8, 2012

PACER
48

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/9/11 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: 05/08/2012)

May 8, 2012

May 8, 2012

PACER
49

ORDER: The Court is in receipt of Plaintiffs' letter, dated May 2, 2012, requesting leave "to amend the Complaint to add class allegations," and Defendants' letter, dated May 14, 2012, opposing Plaintiffs' request. Accordingly, IT IS HEREBY ORDERED that the parties appear for a pre-motion conference on June 1, 2012 at 9:30a.m. in Courtroom 21C. (Signed by Judge Richard J. Sullivan on 5/14/2012) (js) (Entered: 05/15/2012)

May 14, 2012

May 14, 2012

PACER
50

NOTICE OF APPEARANCE by Arastu Kabeer Chaudhury on behalf of David Goodman (Chaudhury, Arastu) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER
51

ORDER: Accordingly, after considering the parties' respective arguments, and for the reasons stated on the record at the June 1, 2012 conference, the Court grants Plaintiffs' request as to all three topics listed above. Also as stated on the record at the June 1, 2012 conference, counsel for Defendants shall submit a letter to the Court no later than Tuesday, June 5, 2012, indicating whether it thinks briefing is necessary on Plaintiffs' contemplated motion to amend the Complaint to add class allegations. However, after considering the comprehensive arguments the parties set forth in their pre-motion letters and made at the June 1, 2012 conference, and as stated on the record at that conference, the Court is likely to grant Plaintiffs' contemplated motion. Additionally, for the reasons stated on the record at the June 1, 2012 conference, the Court denies Defendants' request that the Court certify any of the issues contained in its September 26, 2011 Order for immediate interlocutory appeal under 28 U.S.C. § 1292(b). (Signed by Judge Richard J. Sullivan on 6/1/2012) (lmb) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
52

ORDER: IT IS HEREBY ORDERED the parties shall adhere to the following briefing and oral argument schedule: June 15, 2012 - Plaintiffs shall submit their motion for leave to amend the Complaints and their accompanying brief, and Defendants shall submit their cross-motion regarding their request for interlocutory appeal and their accompanying brief; June 29, 2012 - The parties shall submit their respective opposition briefs; July 6, 2012 - Plaintiffs shall submit their respective reply briefs; and July 25, 2012 - The parties shall appear for oral argument regarding their respective motions at 10:00 a.m. in Courtroom 21C. Additionally, in their June 5 Letter, Defendants request "that the Court reconsider its ruling at the June 1, 2012 conference that the discovery [P]laintiffs requested concerning overtime predictions, forecasts, budgets, and expenditures, NYPD-wide and within [P]laintiffs' commands is relevant and [D]efendants must respond to the requests." For the reasons stated on the record at the June 1, 2012 conference, and in light of the fact that Defendants have failed to cite to any "controlling decisions or factual matters that were put before" the Court at the conference but that were overlooked, the Court DENIES Defendants' request for reconsideration. ( Cross Motions due by 6/15/2012., Motions due by 6/15/2012., Responses due by 6/29/2012, Replies due by 7/6/2012., Oral Argument set for 7/25/2012 at 10:00 AM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 6/6/2012) (jfe) (Entered: 06/06/2012)

June 6, 2012

June 6, 2012

PACER
53

NOTICE OF CHANGE OF ADDRESS by Arastu Kabeer Chaudhury on behalf of David Goodman. New Address: U.S. Attorney's Office, SDNY, 86 Chambers Street, Third Floor, New York, New York, USA 10007, 212-637-2633. (Chaudhury, Arastu) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

PACER
54

ORDER: IT IS HEREBY ORDERED that the parties shall adhere to the following revised deadlines and dates: Oral argument on the parties' pending motions by 7/31/12 at 2:30 p.m. Fact discovery deadline for individual claims by 7/31/12. Deadline to schedule mediation with the S.D.N.Y. Mediation Office by 7/31/12. Deadline to identify and make expert disclosures for individual claims by 8/17/12. Deadline to serve rebuttal expert reports for individual claims by 9/14/12. Deadline for expert discovery by 10/5/12. Deadline for submitting pre-motion letters for individual claims by 10/5/12. Post-discovery conference by 10/26/12 at 10:00 a.m. ( Expert Discovery due by 10/5/2012., Fact Discovery due by 7/31/2012., Oral Argument set for 7/31/2012 at 02:30 PM before Judge Richard J. Sullivan., Status Conference set for 10/26/2012 at 10:00 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 6/13/2012) (jfe) (Entered: 06/14/2012)

June 14, 2012

June 14, 2012

PACER
55

MOTION for Leave to Appeal September 26, 2011 Interlocutory Order Document filed by City of New York, New York City Police Department, New York City Police Pension Fund. Return Date set for 7/31/2012 at 02:30 PM.(McNally, Keri) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
56

MEMORANDUM OF LAW in Support re: 55 MOTION for Leave to Appeal September 26, 2011 Interlocutory Order. Document filed by City of New York, New York City Police Department, New York City Police Pension Fund. (McNally, Keri) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
57

MOTION to Amend/Correct 1 Complaint pursuant to Rule 15(a) to add Class Action. Document filed by David Goodman. (Attachments: # 1 Exhibit 1: First Amended Complaint)(Chaudhury, Arastu) (Entered: 06/15/2012)

1 Exhibit 1: First Amended Complaint

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June 15, 2012

June 15, 2012

PACER
58

MEMORANDUM OF LAW in Support re: 57 MOTION to Amend/Correct 1 Complaint pursuant to Rule 15(a) to add Class Action.. Document filed by David Goodman. (Chaudhury, Arastu) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
59

DECLARATION of Arastu K. Chaudhury in Support re: 57 MOTION to Amend/Correct 1 Complaint pursuant to Rule 15(a) to add Class Action.. Document filed by David Goodman. (Attachments: # 1 Exhibit A: Original Complaint, # 2 Exhibit B: Court's September 26, 2011 Memoradum and Order, # 3 Exhibit C: Parties' Joint Letter to the Court, Dated February 17, 2012)(Chaudhury, Arastu) (Entered: 06/15/2012)

1 Exhibit A: Original Complaint

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2 Exhibit B: Court's September 26, 2011 Memoradum and Order

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3 Exhibit C: Parties' Joint Letter to the Court, Dated February 17, 2012

View on PACER

June 15, 2012

June 15, 2012

PACER
60

MEMORANDUM OF LAW in Opposition re: 55 MOTION for Leave to Appeal September 26, 2011 Interlocutory Order. Document filed by David Goodman. (La Morte, Tara) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
61

MEMORANDUM OF LAW in Opposition re: 57 MOTION to Amend/Correct 1 Complaint pursuant to Rule 15(a) to add Class Action.. Document filed by City of New York, New York City Police Department, New York City Police Pension Fund. (McNally, Keri) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

PACER
62

DECLARATION of Keri R. McNally in Opposition re: 57 MOTION to Amend/Correct 1 Complaint pursuant to Rule 15(a) to add Class Action.. Document filed by City of New York, New York City Police Department, New York City Police Pension Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McNally, Keri) (Entered: 06/29/2012)

1 Exhibit A

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2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

June 29, 2012

June 29, 2012

PACER
63

REPLY MEMORANDUM OF LAW in Support re: 57 MOTION to Amend/Correct 1 Complaint pursuant to Rule 15(a) to add Class Action.. Document filed by David Goodman. (Chaudhury, Arastu) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
64

DECLARATION of Arastu K. Chaudhury, supplementing his June 15, 2012 Declaration in Support re: 57 MOTION to Amend/Correct 1 Complaint pursuant to Rule 15(a) to add Class Action.. Document filed by David Goodman. (Chaudhury, Arastu) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
65

REPLY MEMORANDUM OF LAW in Support re: 55 MOTION for Leave to Appeal September 26, 2011 Interlocutory Order. Document filed by City of New York, New York City Police Department, New York City Police Pension Fund. (McNally, Keri) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

PACER
66

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Tara M. La Morte dated 7/13/2012 re: We write to advise the Court of a minor correction to Goodman's proposed amended complaint, and ask for the Court's assistance with respect to scheduling a mediation date for these cases. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/13/2012) (ama) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
67

ENDORSED LETTER addressed to Judge Richard J Sullivan from Keri Reid McNally dated 7/23/2012 re: Request to extend time for discovery and for the post discovery conference. ENDORSEMENT: Defendants' request is GRANTED. IT IS HEREBY ORDERED that the post discovery conference scheduled for October 26, 2012 is adjourned until Friday, December 7, 2012, at 10:30 a.m. ( Expert Discovery due by 11/5/2012. Fact Discovery due by 8/31/2012. Status Conference set for 12/7/2012 at 10:30 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 7/24/2012) (cd) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
68

TRANSCRIPT of Proceedings re: CONFERNCE held on 6/1/2012 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Thomas Murray, (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 8/17/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/25/2012.(McGuirk, Kelly) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
69

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 6/1/12 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: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
70

ORDER: 7/31/2012 Oral Argument reset for 7/30/2012 at 02:30 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 7/24/2012) (cd) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
71

ORDER: For the reasons stated on the record at the July 30, 2012 conference (the "conference"), the Court: (1) GRANTS Plaintiff Goodman's motion for leave to amend the Complaint to add class allegations; and (2) DENIES, without prejudice to renewal, Plaintiffs' motion for interlocutory appeal of this Court's Memorandum and Order, dated September 26, 2011. The Clerk of the Court is respectfully directed to terminate the motions located at Doc. Nos. 55 and 57 in Goodman v. City of New York, No. 10 Civ. 5236 (RJS), and the motion located at Doc. No. 49 in Doherty v. City of New York, No. 11 Civ. 3432 (RJS).Also as stated on the record at the conference, Plaintiff Goodman shall file his amended complaint no later than August 3, 2012. Lastly, and also as stated on the record at the conference, the parties shall submit, no later than August 13,2012, a joint letter with a proposed revised discovery plan in light of the Court's ruling on Plaintiff Goodman's motion to amend the complaint.. (Signed by Judge Richard J. Sullivan on 7/30/2012) (js) (Entered: 07/31/2012)

July 30, 2012

July 30, 2012

PACER
72

FIRST AMENDED COMPLAINT - CLASS ACTION amending 1 Complaint against City of New York, New York City Police Department, New York City Police Pension Fund.Document filed by David Goodman, Michael Doherty, Robert D. Black. Related document: 1 Complaint filed by David Goodman.(djc) (Entered: 08/07/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER
73

ENDORSED LETTER addressed to Judge Richard J Sullivan from Arastu K. Chaudhury and Keri Reid McNally dated 8/138/2012 re: counsel writes on behalf of all parties that pursuant to the Court's July 30, 2012 Order, the parties in the above-referenced action, after meeting and conferring on the matter, jointly submit the following proposed schedule for fact and expert discovery, class certification briefing, and dispositive motions as follows: By February 1, 2013, the parties shall complete all fact and expert discovery, except for discovery concerning records of the overtime and night shift differential compensation earned by the putative damages sub-class members, which primarily relates to post-certification damage determinations and, therefore, is not necessary to complete prior to the class certification stage. By February 1, 2013, the Plaintiffs shall file their motions for class certification and partial summary judgment. By March 8, 2013, the Defendants shall file their oppositions to Plaintiffs' motions for class certification and partial summary judgment as well as file Defendants' cross-motion for summary judgment. By April 5, 2013, Plaintiffs shall file their replies in support of class certification and partial summary judgment as well as their opposition to Defendants' cross- motion for summary judgment. By June 28, 2013, the parties shall complete any outstanding discovery concerning records of the overtime and night shift differential compensation earned by the damages sub-class members. Additional relief as set forth in this Order. ENDORSEMENT: The Court adopts the schedule set forth above. In addition, IT IS HEREBY ORDERED that the parties shall appear for oral argument on their contemplated motions on May 29, 2013 at 10:00 a.m. ( Motions due by 2/1/2013., Responses due by 3/8/2013, Replies due by 4/26/2013.), ( Oral Argument set for 5/29/2013 at 10:00 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 8/13/2012) (pl) Modified on 8/13/2012 (pl). (Entered: 08/13/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
74

ENDORSED LETTER: addressed to Judge Richard J. Sullivan from Keri Reid McNally dated 8/22/2012 re: Defendants request a short extension of time, to next Monday, August 27, 2012, to file their Answer. ENDORSEMENT: So Ordered. City of New York answer due 8/27/2012; New York City Police Department answer due 8/27/2012; New York City Police Pension Fund answer due 8/27/2012. (Signed by Judge Richard J. Sullivan on 8/22/2012) (js) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

PACER
75

ANSWER to 72 Amended Complaint,. Document filed by City of New York, New York City Police Department, New York City Police Pension Fund.(McNally, Keri) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

PACER
76

ENDORSED LETTER: addressed to Judge Richard J. Sullivan from Tara M. Lamorte dated 10/18/2012 re: Counsel requests that the Court permit the parties to schedule the mediation in January 2013. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 10/18/2012) (js) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
77

CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... Notwithstanding any other provision, no document be filed with the Clerk under seal without a further Order of this Court addressing the specific documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 20 (2d Cir. 2006) and any other controlling authority. Nothing herein is intended to alter or modify the applicability of Federal Rule of Civil Procedure 5.2 to this case. The redactions expressly authorized by Rule 5.2 may be made without further application to the Court. (Signed by Judge Richard J. Sullivan on 10/19/2012) (ft) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER
78

TRANSCRIPT of Proceedings re: MOTION held on 7/30/2012 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Steven Griffing, (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 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(Moya, Goretti) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

PACER
79

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 7/30/2012 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...(Moya, Goretti) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

PACER
80

ORDER: In light of the revised discovery schedule set forth in the Court's August 13, 2012 Order in Goodman v. City of New York, 10 Civ. 5236 (RJS), IT IS HEREBY ORDERED that the post-discovery conference scheduled for December 7, 2012 in both of the above-captioned cases is adjourned sine die. (Signed by Judge Richard J. Sullivan on 11/30/2012) (lmb) (Entered: 11/30/2012)

Nov. 30, 2012

Nov. 30, 2012

PACER
81

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Keri Reid McNally dated 1/10/2013 re: Defendants write to request a two-week extension of time for defendants to serve a rebuttal expert report. Plaintiffs served their expert disclosures and report on December 14, 2012, and defendants' rebuttal report, if any is due by January 11, 2013 under the scheduling order that is currently in place. Plaintiffs consent to the two-week extension that defendants seek, which would bring the deadline to January 25, 2013. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 1/10/2013) (ago) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

PACER
82

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Keri Reid McNally dated 1/25/13 re: Counsel for the defendants writes to request an additional three-day extension of time for defendants to serve rebuttal expert report. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Sullivan on 1/28/2013) (mro) (Entered: 01/28/2013)

Jan. 28, 2013

Jan. 28, 2013

PACER
83

REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the briefing schedule set on August 13, 2012, shall be MODIFIED AND AMENDED as follows: 1. By March 4, 2013, the Plaintiffs shall file their motions for class certification and partial summary judgment. 2. By April 8, 2013, the Defendants shall file their oppositions to Plaintiffs' motions for class certification and partial summary judgment as well as file Defendants' cross-motion for summary judgment. 3. By May 6, 2013, Plaintiffs shall file their replies in support of class certification and partial summary judgment as well as their opposition to Defendants' cross-motion for summary judgment. 4. By May 27, 2013, Defendants shall file their reply in support of their cross-motion for summary judgment. 5. The parties shall appear for oral argument on their contemplated motions on Friday, June 28, 2013 at 2:30 p.m. (Motions due by 3/4/2013. Cross Motions due by 4/8/2013. Responses due by 5/6/2013. Replies due by 5/27/2013. Oral Argument set for 6/28/2013 at 02:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 1/28/2013) (rjm) (Entered: 01/29/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
84

REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the briefing schedule set on January 29, 2013, shall be MODIFIED AND AMENDED as follows: By April 3, 2013, the Plaintiffs shall file their motions for class certification and partial summary judgment. By May 8, 2013, the Defendants shall file their oppositions to Plaintiffs' motions for class certification and partial summary judgment as well as file Defendants' cross-motion for summary judgment. By June 5, 2013, Plaintiffs shall file their replies in support of class certification and partial summary judgment as well as their opposition to Defendants' cross-motion for summary judgment. By June 26, 2013, Defendants shall file their reply in support of their cross-motion for summary judgment. The parties shall appear for oral argument on their contemplated motions on July 17, 2013. (Signed by Judge Richard J. Sullivan on 2/27/2013) (mro) Modified on 2/28/2013 (mro). (Entered: 02/27/2013)

Feb. 27, 2013

Feb. 27, 2013

PACER
85

STIPULATION AND ORDER: WHEREAS, the claims asserted in the Complaint were incorporated in the First Amended Complaint filed in Goodman, et al. v. City of New York, et al., 10 Civ. 5236 (RJS) (the "USERRA Putative Class Action") on August 2, 2012, effectively consolidating this action with the USERRA Putative Class Action; WHEREAS, there is now no need to maintain a separate action with respect to the claims alleged in Plaintiff Michael Doherty's Complaint in this action; The parties hereby stipulate and agree to the following: Any discovery exchanged by the parties in the above-captioned action shall be deemed exchanged in the USERRA Putative Class Action. Any submission made by the parties is deemed a submission in the USERRA Putative Class Action. Any determination of the Court in the above-captioned action not inconsistent with those made in the USERRA Putative Class Action shall be deemed a determination in the USERRA Putative Class Action. The above-referenced civil action is voluntarily dismissed pursuant to Rule 41 (a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (Signed by Judge Richard J. Sullivan on 3/8/2013) (mro) Modified on 3/13/2013 (mro). (Entered: 03/12/2013)

March 11, 2013

March 11, 2013

PACER
86

REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the briefing schedule set on February 27, 2013, shall be MODIFIED AND AMENDED as follows: 1. By May 3, 2013, the Plaintiffs shall file their motions for class certification and partial summary judgment. 2. By June 7, 2013, the Defendants shall file their oppositions to Plaintiffs' motions for class certification and partial summary judgment as well as file Defendants' cross-motion for summary judgment. 3. By July 3, 2013, Plaintiffs shall file their replies in support of class certification and partial summary judgment as well as their opposition to defendants' cross-motion for summary judgment. 4. By July 24, 2013, Defendants shall file their reply in support of their cross-motion for summary judgment. 5. The parties shall appear for oral argument on their contemplated motions on September 11, 2013 at 4:00 p.m. in Courtroom 905 at 40 Foley Square. 6. This will be the final extension of the motion briefing schedule. Motions due by 5/3/2013. Cross Motions due by 6/7/2013. Responses due by 7/3/2013 Replies due by 7/24/2013. Oral Argument set for 9/11/2013 at 04:00 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 4/2/2013) (ago) (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
87

REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the briefing schedule set forth in the Court's Revised Scheduling Order, dated April 2, 2013, shall be extended as follows: 1. By June 3, 2013, Plaintiffs shall file their motions for class certification and partial summary judgment. 2. By July 8, 2013, Defendants shall file their opposition to Plaintiffs' motions for class certification and partial summary judgment as well as their own cross-motion for summary judgment. 3. By August 5, 2013, Plaintiffs shall file their replies in support of class certification and partial summary judgment as well as their opposition to Defendants' cross-motion for summary judgment. 4. By August 26, 2013, Defendants shall file their reply in support of their cross-motion for summary judgment. 5. As previously ordered, the parties shall appear for oral argument on these motions on September 11,2013 at 4:00 p.m. in Courtroom 905 at 40 Foley Square. SO ORDERED. Motions due by 6/3/2013. Cross Motions due by 7/8/2013. Responses due by 7/8/2013 Replies due by 8/26/2013. Oral Argument set for 9/11/2013 at 04:00 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 4/22/2013) (ama) (Entered: 04/23/2013)

April 22, 2013

April 22, 2013

PACER
89

REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the briefing schedule set forth in the Court's Revised Scheduling Order, dated April 22, 2013, shall be extended as follows. The parties shall appear for oral argument on these motions in Courtroom 905 at 40 Foley Square on a date to be determined by the Court in the event that motions for class certification and summary judgment are filed on or before June 17,2013. SO ORDERED. Motions due by 6/17/2013. Cross Motions due by 7/22/2013. Responses due by 8/19/2013 Replies due by 9/9/2013. (Signed by Judge Richard J. Sullivan on 5/30/2013) (ama) (Entered: 05/31/2013)

May 30, 2013

May 30, 2013

PACER
90

MOTION to Certify Class conditionally for settlement purposes, for preliminary approval of the settlement agreement, and for approval of the forms of class notice,. Document filed by Robert D. Black, Michael Doherty, David Goodman.(Chaudhury, Arastu) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
91

MEMORANDUM OF LAW in Support re: 90 MOTION to Certify Class conditionally for settlement purposes, for preliminary approval of the settlement agreement, and for approval of the forms of class notice,.. Document filed by Robert D. Black, Michael Doherty, David Goodman. (Attachments: # 1 Exhibit A - Settlement Agreement, # 2 Exhibit B - Proposed Preliminary Order)(Chaudhury, Arastu) (Entered: 06/17/2013)

1 Exhibit A - Settlement Agreement

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2 Exhibit B - Proposed Preliminary Order

View on PACER

June 17, 2013

June 17, 2013

PACER
92

DECLARATION of Tara M. La Morte in Support re: 90 MOTION to Certify Class conditionally for settlement purposes, for preliminary approval of the settlement agreement, and for approval of the forms of class notice,.. Document filed by Robert D. Black, Michael Doherty, David Goodman. (Chaudhury, Arastu) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
93

ORDER: On June 17, 2013, Plaintiffs filed their unopposed motion for conditional certification of a settlement class, preliminary approval of the proposed settlement agreement, and approval of the forms of class notice (the "Motion"), as well as a supporting memorandum of law and declaration. (Doc. Nos. 90-92.) Fairness Hearing set for 6/28/2013 at 02:30 PM before Judge Richard J. Sullivan, and as further set forth in this document. The Court is also attaching copies of the proposed notice forms that include certain proposed edits and questions entered by the Court in track-changes. IT IS FURTHER ORDERED THAT the parties consider these edits and questions and submit an updated version of the notice forms on or before June 25, 2013 by filing them on ECF and emailing a copy to the Court. The parties shall also be prepared to discuss the notice forms at the June 28 hearing. (Signed by Judge Richard J. Sullivan on 6/20/2013) (cd) (Entered: 06/21/2013)

June 20, 2013

June 20, 2013

PACER
94

FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STATUS REPORT. Updated Forms of Class Notice Filed Pursuant to Court's June 20, 2013 Order. Document filed by Robert D. Black, Michael Doherty, David Goodman.(Chaudhury, Arastu) Modified on 6/26/2013 (ka). (Entered: 06/25/2013)

June 25, 2013

June 25, 2013

PACER
96

ORDER: The Court is in receipt of the attached letter from Plaintiffs, dated June 25, 2013, concerning certain revisions that have been made to the proposed settlement agreement and class notice forms and responding to some of the Court's questions concerning the fairness of that proposed settlement agreement. The letter indicates that some of the changes made by the parties will require adjustments to the order approving the proposed settlement agreement. Accordingly, IT IS HEREBY ORDERED THAT the parties shall file an updated version of the proposed order for conditional certification, preliminary approval of the settlement agreement, approval of the forms of class notice and scheduling of a fairness hearing (currently, Doc. No. 91-2) by filing it on ECF on or before June 26, 2013 and emailing a Microsoft Word version of the proposed order to chambers. (Signed by Judge Richard J. Sullivan on 6/25/2013) (mro) (Entered: 06/26/2013)

June 25, 2013

June 25, 2013

PACER
95

NOTICE of Revised Proposed Preliminary Order in Response to Court's Order dated June 25, 2013 re: 90 MOTION to Certify Class conditionally for settlement purposes, for preliminary approval of the settlement agreement, and for approval of the forms of class notice,.. Document filed by Robert D. Black, Michael Doherty, David Goodman. (La Morte, Tara) (Entered: 06/26/2013)

June 26, 2013

June 26, 2013

PACER
97

ORDER CONDITIONALLY CERTIFYING THE SETTLEMENT CLASS AND SETTLEMENT SUB-CLASSES, PRELIMINARILY APPROVING THE SETTLEMENT AGREEMENT, APPROVING FORMS OF CLASS NOTICE AND SCHEDULING A FAIRNESS HEARING: granting 90 Motion to Certify Class.On this 2nd day of July, 2013, the Court considered Plaintiffs' Unopposed Motion for Conditional Certification of the Settlement Class and Sub-Classes, Preliminary Approval of the Settlement Agreement, and Approval of the Forms of Class Notice (the "Motion"). All capitalized terms used in this Preliminary Order shall have the meaning as defined in the Settlement Agreement (the "Agreement"), which is incorporated herein by reference. After consideration of the Motion, the Agreement, and the exhibits attached thereto, as well as discussions with counsel held at a conference on June 28, 2013, this Court hereby concludes that the Motion should be GRANTED. SO ORDERED.(Signed by Judge Richard J. Sullivan on 7/02/2013) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (ama) (Entered: 07/02/2013)

1 Exhibit A

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2 Exhibit B

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July 2, 2013

July 2, 2013

PACER
98

TRANSCRIPT of Proceedings re: CONFERENCE held on 6/28/2013 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Vincent Bologna, (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 8/19/2013. Redacted Transcript Deadline set for 8/29/2013. Release of Transcript Restriction set for 10/28/2013.(McGuirk, Kelly) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
99

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/28/2013 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: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
100

NOTICE OF APPEARANCE by Benjamin Eldridge Stockman on behalf of City of New York, New York City Police Department, New York City Police Pension Fund. (Stockman, Benjamin) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
101

NOTICE of of Filing of Opt-Out Forms. Document filed by City of New York, New York City Police Department, New York City Police Pension Fund. (Attachments: # 1 Exhibit Lashley, Victor, # 2 Exhibit Vasquez, Daniel, # 3 Exhibit Pasquarella, Paul, # 4 Exhibit Wilhelm, Joseph, # 5 Exhibit Casano, David, # 6 Exhibit Xuereb, Steven, # 7 Exhibit Prioriello, Mario, # 8 Exhibit Drogan, Thomas, # 9 Exhibit Dolan, Michael, # 10 Exhibit Felipe, Jeffrey, # 11 Exhibit Esposito, Pasquale, # 12 Exhibit Lamarca, Dan, # 13 Exhibit Lonecke, Richard)(Stockman, Benjamin) (Entered: 11/19/2013)

1 Exhibit Lashley, Victor

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2 Exhibit Vasquez, Daniel

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3 Exhibit Pasquarella, Paul

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4 Exhibit Wilhelm, Joseph

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5 Exhibit Casano, David

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6 Exhibit Xuereb, Steven

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7 Exhibit Prioriello, Mario

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8 Exhibit Drogan, Thomas

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9 Exhibit Dolan, Michael

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10 Exhibit Felipe, Jeffrey

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11 Exhibit Esposito, Pasquale

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12 Exhibit Lamarca, Dan

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13 Exhibit Lonecke, Richard

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Nov. 19, 2013

Nov. 19, 2013

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 9, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three retired NYPD police officers.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of New York, City

New York City Police Department, City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitor/Master

Monitoring

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Recordkeeping

Reporting

Required disclosure

Issues

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Military status discrimination