Case: Jeffery v. City of New York

1:20-cv-02843 | U.S. District Court for the Eastern District of New York

Filed Date: June 26, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 26, 2020, three private individuals filed this class-action lawsuit against the City of New York, Mayor Bill de Blasio, Governor Andrew Cuomo, and fifty police officers of unknown identities. The complaint was filed in the U.S. District Court for the Eastern District of New York, and plaintiffs were represented by private counsel. The case arose out of the curfews that were imposed on New York City residents amidst the protests that followed the police killing of George Floyd. The three…

On June 26, 2020, three private individuals filed this class-action lawsuit against the City of New York, Mayor Bill de Blasio, Governor Andrew Cuomo, and fifty police officers of unknown identities. The complaint was filed in the U.S. District Court for the Eastern District of New York, and plaintiffs were represented by private counsel.

The case arose out of the curfews that were imposed on New York City residents amidst the protests that followed the police killing of George Floyd. The three plaintiffs were residents of New York City who were taken into custody for violating the curfew, although the complaint did not allege that they were arrested at any of the protests. Plaintiffs sued under 42 U.S.C. § 1983, alleging that the curfews were violations of the First, Fourth, Fifth, Eighth, and Fourteenth Amendments. Plaintiffs requested declaratory and money damages, including punitive damages, as well as costs and attorney's fees.

The case is ongoing as of August 5, 2020.

Summary Authors

Jack Hibbard (8/5/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17298837/parties/jeffery-v-the-city-of-new-york/


Judge(s)

Garaufis, Nicholas (New York)

Attorneys(s) for Plaintiff

Cohen, Gerald M. (New York)

Fitch, Joshua Paul (New York)

Fuchs, Ilyssa S. (New York)

Attorneys(s) for Defendant

Murray, Edward Louis III (New York)

Judge(s)

Garaufis, Nicholas (New York)

Attorneys(s) for Plaintiff

Cohen, Gerald M. (New York)

Fitch, Joshua Paul (New York)

Fuchs, Ilyssa S. (New York)

Attorneys(s) for Defendant

Murray, Edward Louis III (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

July 16, 2020 Docket
1

Complaint

June 26, 2020 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17298837/jeffery-v-the-city-of-new-york/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Andrew Cuomo, Bill De Blasio, P.O.s John Doe #1-50, The City of New York filing fee $ 400, receipt number ANYEDC-12984116 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Lamel Jeffery, Chayse Pena, Thaddeus Blake. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Fuchs, Ilyssa) (Entered: 06/26/2020)

1 Civil Cover Sheet

View on RECAP

2 Proposed Summons

View on PACER

June 26, 2020 RECAP

Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

June 26, 2020 PACER
2

Summons Issued as to Andrew Cuomo, Bill De Blasio, The City of New York. (Bowens, Priscilla) (Entered: 06/26/2020)

June 26, 2020 PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 06/26/2020)

June 26, 2020 PACER
4

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 06/26/2020)

June 26, 2020 PACER

Case Assigned/Reassigned

June 26, 2020 PACER
5

First MOTION for Extension of Time to File Answer by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 07/15/2020)

July 15, 2020 PACER

ORDER granting 5 Consent Motion for Extension of Time to Answer All Defendants. Ordered by Magistrate Judge Robert M. Levy on 7/16/2020. (Levy, Robert)

July 16, 2020 PACER

Order on Motion for Extension of Time to Answer

July 16, 2020 PACER
6

SUMMONS Returned Executed by Lamel Jeffery, Chayse Pena, Thaddeus Blake. The City of New York served on 6/26/2020, answer due 10/15/2020. (Fuchs, Ilyssa) (Entered: 07/27/2020)

July 27, 2020 PACER
7

SUMMONS Returned Executed by Lamel Jeffery, Chayse Pena, Thaddeus Blake. Andrew Cuomo served on 7/15/2020, answer due 10/15/2020. (Fuchs, Ilyssa) (Entered: 07/27/2020)

July 27, 2020 PACER
8

SUMMONS Returned Executed by Lamel Jeffery, Chayse Pena, Thaddeus Blake. Bill De Blasio served on 7/16/2020, answer due 10/15/2020. (Fuchs, Ilyssa) (Entered: 07/27/2020)

July 27, 2020 PACER
9

Letter MOTION for Extension of Time to File Answer re 1 Complaint, and/or To Confirm Prior Order Setting Briefing Schedule by Andrew Cuomo. (Oloughlin, D.) (Entered: 07/29/2020)

July 29, 2020 PACER

ORDER re: 9 Motion for Extension of Time to Answer The Governors time to answer has indeed already been extended to 10/15/20 by an order that applied to All Defendants, a term that most certainly included the Governor, who is a defendant. Ordered by Magistrate Judge Robert M. Levy on 8/4/2020. (Levy, Robert)

Aug. 4, 2020 PACER

Order on Motion for Extension of Time to Answer

Aug. 4, 2020 PACER
10

Letter MOTION to Withdraw as Attorney for Governor Cuomo by Andrew Cuomo. (Oloughlin, D.) (Entered: 10/01/2020)

Oct. 1, 2020 PACER
11

NOTICE of Appearance by Nicole L. Gueron on behalf of Andrew Cuomo (aty to be noticed) (Gueron, Nicole) (Entered: 10/02/2020)

Oct. 2, 2020 PACER
12

NOTICE of Appearance by Emily Weissler on behalf of Andrew Cuomo (aty to be noticed) (Weissler, Emily) (Entered: 10/02/2020)

Oct. 2, 2020 PACER

ORDER granting 10 Motion to Withdraw as Attorney. Attorney D. Stan Oloughlin terminated Ordered by Magistrate Judge Robert M. Levy on 10/5/2020. (Levy, Robert)

Oct. 5, 2020 PACER

Order on Motion to Withdraw as Attorney

Oct. 5, 2020 PACER
13

Letter MOTION for pre motion conference regarding Governor Cuomo's anticipated motion to dismiss by Andrew Cuomo. (Gueron, Nicole) (Entered: 10/15/2020)

Oct. 15, 2020 PACER
14

Letter MOTION for pre motion conference by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 10/15/2020)

Oct. 15, 2020 PACER

ORDER: Applications 13 14 for Pre-Motion conference are GRANTED. The court will hold a single conference for all parties intending to file a motion in this case. The parties are DIRECTED to confer and contact the court's deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the conference. Time to respond to the Complaint is extended to 60 days after decision on Defendants' anticipated motions. Ordered by Judge Nicholas G. Garaufis on 10/16/2020. (Gurian, Nico)

Oct. 16, 2020 PACER
15

Letter in reponse to defendants' respective pre-motion letters in anticipation of the pre-motion conference to be scheduled in this matter by Thaddeus Blake, Lamel Jeffery, Chayse Pena (Fitch, Joshua) (Entered: 10/16/2020)

Oct. 16, 2020 PACER

Order on Motion for Pre Motion Conference AND Order on Motion for Pre Motion Conference

Oct. 16, 2020 PACER
16

NOTICE of Appearance by Erin T. Ryan on behalf of The City of New York (aty to be noticed) (Ryan, Erin) (Entered: 11/04/2020)

Nov. 4, 2020 PACER

Minute Entry for proceedings held before Judge Nicholas G. Garaufis:The court held a pre-motion conference by video on November 5, 2020. Counsel for all parties present. The court GRANTED Defendants' applications to move to dismiss the complaint, and set the following briefing schedule: Defendants shall serve their motions on Plaintiffs by December 10, 2020; Plaintiffs shall serve their opposition to Defendants' motions on Defendants by February 11, 2021; and Defendants shall serve their Reply on Plaintiffs and file the fully briefed motion by March 17, 2021. Plaintiffs are DIRECTED to confer with Defendant Cuomo regarding a stipulation dismissing Plaintiffs claims against Defendant Cuomo in his official capacity, and file the stipulation by November 15, 2020. Discovery shall be held in abeyance until the court's decision on Defendants' motions. (Court Reporter Denise Parisi.) (Gurian, Nico)

Nov. 5, 2020 PACER

Pre Motion Conference

Nov. 5, 2020 PACER
17

Letter MOTION for Extension of Time to File Stipulation Dismissing Official Capacity Claims by Andrew Cuomo. (Gueron, Nicole) (Entered: 11/13/2020)

Nov. 13, 2020 PACER

ORDER granting 17 Motion for Extension of Time to File. Application GRANTED. Deadline to file stipulation extended until November 23, 2020. Ordered by Judge Nicholas G. Garaufis on 11/13/2020. (Gurian, Nico)

Nov. 13, 2020 PACER

Order on Motion for Extension of Time to File

Nov. 13, 2020 PACER
18

STIPULATION of Dismissal of Official Capacity Claims by Andrew Cuomo (Gueron, Nicole) (Entered: 11/23/2020)

Nov. 23, 2020 RECAP
19

MOTION to Dismiss for Failure to State a Claim by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 03/17/2021)

March 17, 2021 RECAP
20

MEMORANDUM in Support re 19 MOTION to Dismiss for Failure to State a Claim filed by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 03/17/2021)

March 17, 2021 RECAP
21

AFFIDAVIT/DECLARATION in Support re 19 MOTION to Dismiss for Failure to State a Claim filed by Bill De Blasio, The City of New York. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Murray, Edward) (Entered: 03/17/2021)

March 17, 2021 PACER
22

MEMORANDUM in Opposition re 19 MOTION to Dismiss for Failure to State a Claim filed by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 03/17/2021)

March 17, 2021 RECAP
23

REPLY in Support re 19 MOTION to Dismiss for Failure to State a Claim filed by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 03/17/2021)

March 17, 2021 RECAP
24

Notice of MOTION to Dismiss for Failure to State a Claim by Andrew Cuomo. (Gueron, Nicole) (Entered: 03/17/2021)

March 17, 2021 PACER
25

MEMORANDUM in Support re 24 Notice of MOTION to Dismiss for Failure to State a Claim filed by Andrew Cuomo. (Gueron, Nicole) (Entered: 03/17/2021)

March 17, 2021 RECAP
26

AFFIDAVIT/DECLARATION in Support re 24 Notice of MOTION to Dismiss for Failure to State a Claim filed by Andrew Cuomo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Gueron, Nicole) (Entered: 03/17/2021)

March 17, 2021 PACER
27

MEMORANDUM in Opposition re 24 Notice of MOTION to Dismiss for Failure to State a Claim filed by Andrew Cuomo. (Gueron, Nicole) (Entered: 03/17/2021)

March 17, 2021 RECAP
28

REPLY in Support re 24 Notice of MOTION to Dismiss for Failure to State a Claim filed by Andrew Cuomo. (Gueron, Nicole) (Entered: 03/17/2021)

March 17, 2021 RECAP
29

Letter Requesting Oral Argument on Gov. Cuomo's Motion to Dismiss by Andrew Cuomo (Gueron, Nicole) (Entered: 03/17/2021)

March 17, 2021 PACER

ORDER: Defendant Governor Andrew Cuomo's 29 application for oral argument on the [24-27] motion to dismiss is GRANTED. The parties are DIRECTED to confer and to contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the argument. Ordered by Judge Nicholas G. Garaufis on 3/18/2021. (Baron, Laura)

March 18, 2021 PACER

Order(Other)

March 18, 2021 PACER

Motion Hearing

April 21, 2021 PACER
30

Letter

July 16, 2021 PACER
31

Withdraw as Attorney

Aug. 31, 2021 PACER
32

Order on Motion to Withdraw as Attorney

Aug. 31, 2021 PACER

Order(Other)

Nov. 2, 2021 PACER

Order(Other)

Jan. 14, 2022 PACER
33

Set Aside

Jan. 20, 2022 PACER
34

MEMORANDUM & ORDER, The former Governor's motion to dismiss the complaint and the City Defendants' partial motion to dismiss certain claims against them are GRANTED. The City Defendants are directed to answer the Complaint within 14 days of this decision. Plaintiffs and the City Defendants are directed to confer and contact Magistrate Judge Robert M. Levy for next steps on the remaining claims. The Clerk of the Court is respectfully directed to remove former Governor Cuomo from the case caption. So Ordered by Judge Nicholas G. Garaufis on 1/21/2022. (Lee, Tiffeny)

Jan. 24, 2022 RECAP

Scheduling Order

Jan. 27, 2022 PACER
35

Judgment under Rule 54(b)

Feb. 8, 2022 PACER
36

Memorandum in Support

Feb. 8, 2022 PACER

Order(Other)

Feb. 8, 2022 PACER
37

Adjourn Conference AND Extension of Time to File Answer

Feb. 11, 2022 PACER

Order on Motion to Adjourn Conference AND Order on Motion for Extension of Time to Answer

Feb. 11, 2022 PACER
38

Memorandum in Opposition

Feb. 25, 2022 PACER
39

Reply in Support

March 7, 2022 PACER
40

Notice of Appearance

March 16, 2022 PACER

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: June 26, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three individuals arrested for violating curfew

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of New York (New York), City

Mayor Bill de Blasio (New York), City

Governor Andrew Cuomo, State

New York Police Department Officers (New York), City

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Freedom of speech/association

Petitions clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Impact

Over/Unlawful Detention

Search policies

Discrimination-basis:

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic