Case: Uniformed Fire Officers Association v. DeBlasio

1:20-cv-05441 | U.S. District Court for the Southern District of New York

Filed Date: July 14, 2020

Closed Date: April 13, 2021

Clearinghouse coding complete

Case Summary

This case was originally filed on July 14, 2020 in the Supreme Court of the State of New York, New York County. Plaintiffs were a collection of New York emergency services associations, including the Uniformed Fire Officers Association, the Uniformed Firefighters Association of Greater New York, the Correction Officers' Benevolent Association of the City of New York, the Police Benevolent Association of the City of New York, the Sergeants Benevolent Association, the Lieutenants Benevolent Assoc…

This case was originally filed on July 14, 2020 in the Supreme Court of the State of New York, New York County. Plaintiffs were a collection of New York emergency services associations, including the Uniformed Fire Officers Association, the Uniformed Firefighters Association of Greater New York, the Correction Officers' Benevolent Association of the City of New York, the Police Benevolent Association of the City of New York, the Sergeants Benevolent Association, the Lieutenants Benevolent Association, the Captains Endowment Association, and the Detectives' Endowment Association. They sued numerous New York City officials including Mayor Bill de Blasio, the City of New York, the Fire Department of New York, the New York City Department of Correction, Commissioner of New York City Department of Correction Cynthia Brann, Commissioner of New York City Police Department Dermot F. Shea, the Civilian Complaint Review Board, and Chair of the Civilian Complaint Review Board Frederick Davie. The plaintiffs were represented by private counsel.

This case arose after city officials announced that they would disclose records concerning disciplinary proceedings and investigations into New York City police officers, firefighters, and corrections officers. This came after the New York state legislature repealed the controversial 50-a law. That law made confidential the disciplinary records of police officers, corrections officers, and other public servants. In particular, the plaintiffs objected to the disclosure of disciplinary allegations that were not "substantiated" or finalized. The plaintiffs argued that this would violate the terms of their Collective Bargaining Agreements, would constitute breach of contract, represented violations of Due Process and Equal Protection under the U.S. and New York constitutions, and that disclosure would violate New York statutory law (N.Y. C.P.L.R. § 7803). The plaintiffs sought declaratory and injunctive relief in the form of a temporary restraining order and a preliminary and permanent injunction.

The plaintiffs moved for a temporary restraining order on the same day. However, the defendants sought removal to federal court on July 15, citing original jurisdiction with respect to the alleged violations of the U.S. Constitution. Justice Carol Edmead approved the removal that day. The case was removed to the U.S. District Court for the Southern District of New York, where District Judge Katherine Polk Failla was assigned the case.

Things appeared to get bungled somewhat in the removal process. At the state court, Justice Edmead had issued a stay that would prohibit the city from disclosing the documents until the court could hear arguments regarding a proper temporary restraining order. However, when the case was removed to the S.D.N.Y., the plaintiffs asserted that this stay was functionally a temporary restraining order itself, so there was no need to continue hearing defendants' arguments regarding a temporary restraining order. Defendants also argued against discovery requests by the plaintiffs, claiming that the entire question was a purely legal matter for which discovery was irrelevant.

At a July 22, 2020 hearing, Judge Failla orally granted the plaintiffs' request for a temporary restraining order. However, in addition to binding the various city defendants, the TRO applied to the New York Civil Liberties Union (NYCLU): Earlier, the NYCLU had filed a request under New York's Freedom of Information Law for NYPD disciplinary records from the Civilian Complaint Review Board, a city agency that investigates allegations of police misconduct. Suspiciously quickly, in Judge Failla's opinion, the CCRB produced approximately 81,000 records to NYCLU. To prevent the case from being mooted by NYCLU's disclosure (and perhaps because she was concerned that NYCLU and the CCRB had been illicitly cooperating), Judge Failla applied the TRO to NYCLU.

NYCLU, who was not a defendant in this case, submitted a letter to the court arguing that the July 22 TRO was a prior restraint on speech, and therefore violated the First Amendment, and that the court did not have the power to issue the TRO against them. On July 29 Judge Failla issued an order that modified the TRO as to no longer apply to NYCLU. However, the plaintiffs then issued a notice of interlocutory appeal. At the Second Circuit, the New York Times filed a motion to intervene against the emergency stay motion that the plaintiffs submitted. The Second Circuit (Judges Jon O. Newman, Rosemary S. Pooler, and Peter W. Hall) issued an order which stayed the District Court's July 29 order modifying the TRO to no longer include the NYCLU.

Meanwhile, the parties engaged in a heated discovery battle. The court had set a deadline for document production for August, but the plaintiffs felt as though the defendants were not cooperating with their requests. On the other hand, the defendants argued that they were moving as fast as they could and that the plaintiffs' requests were overly broad.

On July 28, the Legal Aid Society also requested to join as amicus curiae. The court granted that motion the next day. Additionally, an activist group called Communities United for Police Reform (CUPR) filed an emergency motion to intervene as a defendant in the case on July 29. They claimed they had right of intervention because they had substantial interests in the litigation, and those interests were not protected by any party. Alternatively, they argued that they should be granted permissive intervention.

Throughout early August, numerous groups filed amicus curiae briefs, including the NYCLU.

On August 20 and August 21, the plaintiffs were dealt two consecutive blows by the U.S. Court of Appeals for the Second Circuit and the District Court respectively. On August 20, the Second Circuit denied the plaintiffs' motion for stay of the District Court's July 29 order. (That order exempted NYCLU from the TRO prohibiting disclosure of the uniformed officers' records, despite the fact that they already had tens of thousands of complaints against uniformed officers.) The Second Circuit held that granting the stay would only be appropriate if the District Court did not have authority to exclude NYCLU from the order. However, since NYCLU was not operating "in active concert" with the city defendants, it was proper for the District Court to exclude them from the order. 2020 WL 5048477.

On August 21, the District Court partially denied the plaintiffs' motion for a preliminary injunction. However, the motion was granted to the extent that the New York Police Department and Civilian Complaint Review Board may not disclose "schedule A" command discipline violations. In response, the plaintiffs made another interlocutory appeal. On August 27, the Second Circuit granted a stay to allow the parties to brief the issue.

Meanwhile, by late August the District Court granted permissive intervention to CUPR. The court found that they could not intervene by right, as their interests were already sufficiently represented by defendants. However, since the court found their briefings useful, Judge Failla granted them permissive intervention. After Judge Failla granted them intervention, CUPR appealed the August 21 order that partially granted the plaintiffs' motion for a preliminary injunction.

In early September the defendants filed a motion to dismiss, as did CUPR.

The plaintiffs responded by filing an amended complaint on September 25, 2020, which consolidated two causes of action under New York state law and contained more detailed allegations about the manner in which the release of disciplinary records would harm the plaintiffs. The defendants, in turn, moved to dismiss the amended complaint on October 16, 2020. That motion remains pending.

In a February 16, 2021 summary order, the Second Circuit affirmed the limited preliminary injunction that Judge Failla had issued on August 21, 2020. The Second Circuit also found that if the Schedule A infractions that the injunction was limited to encompassed anything other than "technical violations," modification of the injunction might be warranted.

On March 17, 2021, CUPR took up the Second Circuit's invitation and wrote to Judge Failla arguing that Schedule A violations included more than "technical infractions." CUPR asked the court for discovery on the question of how Schedule A violations were used by city agencies to determine whether a modification of the preliminary injunction was warranted.

Judge Failla scheduled a hearing regarding the scope of Schedule A violations, but the parties dismissed the matter with prejudice on April 13, 2021. The docket does not suggest a reason for the sudden dismissal.

Summary Authors

Jack Hibbard (8/19/2020)

Jonah Hudson-Erdman (3/31/2021)

Jordan Katz (4/9/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17351193/parties/uniformed-fire-officers-association-v-deblasio/


Judge(s)

Carney, Susan Laura (Connecticut)

Chin, Denny (New York)

Edmead, Carol (New York)

Failla, Katherine Polk (New York)

Newman, Jon Ormond (New York)

Pooler, Rosemary S. (New York)

Wolfe, Catherine O'Hagan (New York)

Attorneys(s) for Plaintiff

Coles, Anthony Paul (New York)

Hepworth, Michael Robert (New York)

Saleski, Courtney Gilligan (Pennsylvania)

Judge(s)

Carney, Susan Laura (Connecticut)

Chin, Denny (New York)

Edmead, Carol (New York)

Failla, Katherine Polk (New York)

Newman, Jon Ormond (New York)

Pooler, Rosemary S. (New York)

Wolfe, Catherine O'Hagan (New York)

Attorneys(s) for Plaintiff

Coles, Anthony Paul (New York)

Hepworth, Michael Robert (New York)

Saleski, Courtney Gilligan (Pennsylvania)

Attorneys(s) for Defendant

Barker, Kami Zumbach (New York)

Dearing, Richard (New York)

Druker, Elina (New York)

Quinn, Rebecca Gibson (New York)

Saint-Fort, Dominique F (New York)

Shorr, Scott Nathan (New York)

Other Attorney(s)

Aguirre, Guadalupe V (New York)

Azmy, Baher (New York)

Biklen, Molly Knopp (New York)

Buterman, Lawrence E (New York)

Cariello, Christopher J (New York)

Chachkes, Alex V. (New York)

Charney, Darius (New York)

Chen, Cynthia (New York)

Chun, Ye Eun E. (New York)

Cohen, Jordan Laris (New York)

Cooper, Roger Allen (New York)

Deger-Sen, Samir (New York)

Dunn, Christopher (New York)

Hall, Peter W. (Vermont)

Kathawala, Rene (New York)

Kay, Joseph Michael (New York)

Mays, Charlita (New York)

McCraw, David E (New York)

Phillips, Renee (New York)

Sisitzky, Michael (New York)

Stoughton, Corey (New York)

Wheeler-Frothingham, Margaret Lee (New York)

Wine, Jamie L. (New York)

Documents in the Clearinghouse

Document

154982/2020

Docket [State Court]

New York state supreme court

July 20, 2020

July 20, 2020

Docket

20-02400

Docket [PACER]

Uniformed Fire Officers Associ v. DeBlasio

U. S. Court of Appeals for the Second Circuit

Aug. 6, 2020

Aug. 6, 2020

Docket

1:20-cv-05441

Docket [PACER]

March 29, 2021

March 29, 2021

Docket

20-02400

Motion to Intervene

U. S. Court of Appeals for the Second Circuit

July 29, 2019

July 29, 2019

Pleading / Motion / Brief

154982/2020

Order

New York state supreme court

2020 WL 4003596

July 15, 2020

July 15, 2020

Order/Opinion
5-1

154982/2020

Verified Petition/Complaint Under Article 75, United States and New York Constitutions, Common Law, and Article 78 Seeking Injunctive and Declaratory Relief

New York state supreme court

July 16, 2020

July 16, 2020

Complaint
5

1:20-cv-05441

Notice of Removal

July 16, 2020

July 16, 2020

Pleading / Motion / Brief
8

1:20-cv-05441

Re: Uniformed Fire Officers Assoc. v. de Blasio, 20 Civ. 5441 (KPF)

Uniformed Fire Officers Assoc. v. de Blasio

July 17, 2020

July 17, 2020

Pleading / Motion / Brief
9 & 9-1

1:20-cv-05441

Re: Uniformed Fire Officers Association, et al. v. Bill de Blasio, et al. 20-cv-05441 (KPF)(RWL)

July 17, 2020

July 17, 2020

Pleading / Motion / Brief
13

1:20-cv-05441

Re: Uniformed Fire Officers Association, et al. v. Bill DeBlasio, et al. 20-cv-05441 (KPF) (RWL)

July 21, 2020

July 21, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17351193/uniformed-fire-officers-association-v-deblasio/

Last updated June 9, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

FILING ERROR - PDF ERROR - NOTICE OF REMOVAL from State of New York Supreme Court, County of New York. Case Number: 154882/2020E. (Filing Fee $ 400.00, Receipt Number ANYSDC-20694801).Document filed by CITY OF NEW YORK, New York City Police Department, Frederick Davie, Dermot F. Shea, Daniel A. Nigro, Fire Department of the City of New York, Cynthia Brann, New York City Department Of Corrections, Bill DeBlasio, Civilian Complaint Review Board. (Attachments: # (1) Exhibit Complaint).(Quinn, Rebecca) Modified on 7/16/2020 (jgo).

1 Exhibit Complaint

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July 15, 2020

July 15, 2020

RECAP
2

NOTICE OF APPEARANCE by Anthony Paul Coles on behalf of Captains Endowment Association, Correction Officers Benevolent Association, Inc., Detectives Endowment Association of New York City, Lieutenants Benevolent Association of the City of New York, Inc., Police Benevolent Association, Sergeants Benevolent Association of the City of New York, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York..(Coles, Anthony)

July 15, 2020

July 15, 2020

PACER
3

NOTICE of of Entry of State Court Order re: [1] Notice of Removal,. Document filed by Captains Endowment Association, Correction Officers Benevolent Association, Inc., Detectives Endowment Association of New York City, Lieutenants Benevolent Association of the City of New York, Inc., Police Benevolent Association, Sergeants Benevolent Association of the City of New York, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York..(Coles, Anthony)

July 15, 2020

July 15, 2020

RECAP

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rebecca Gibson Quinn to RE-FILE Document No. 1 Notice of Removal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the incorrect party role was listed for Plaintiffs on the PDF case caption. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 7/21/2020. (jgo)

July 16, 2020

July 16, 2020

PACER
4

NOTICE OF APPEARANCE by Dominique F. Saint-Fort on behalf of Cynthia Brann, CITY OF NEW YORK, Civilian Complaint Review Board, Frederick Davie, Bill DeBlasio, Fire Department of the City of New York, New York City Department Of Corrections, New York City Police Department, Daniel A. Nigro, Dermot F. Shea..(Saint-Fort, Dominique)

July 16, 2020

July 16, 2020

RECAP
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NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 154982/2020E..Document filed by CITY OF NEW YORK, New York City Police Department, Frederick Davie, Dermot F. Shea, Daniel A. Nigro, Fire Department of the City of New York, Cynthia Brann, New York City Department Of Corrections, Bill DeBlasio, Civilian Complaint Review Board. (Attachments: # (1) Exhibit Complaint).(Quinn, Rebecca)

1 Exhibit Complaint

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July 16, 2020

July 16, 2020

PACER

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Rebecca Gibson Quinn. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)

July 17, 2020

July 17, 2020

PACER

***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Rebecca Gibson Quinn. The following party/parties has been removed from this case: Captains Endowment Association. The party was added to the case in error. (jgo)

July 17, 2020

July 17, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rebecca Gibson Quinn. The party information for the following party/parties has been modified: Sergeants Benevolent Association of the City of New York; Uniformed Fire Officers Association; Uniformed Firefighters Association of Greater New York; Police Benevolent Association; Correction Officers Benevolent Association, Inc.; Lieutenants Benevolent Association of the City of New York, Inc.;Captains Endowment Association; Detectives Endowment Association of New York City; Bill DeBlasio;CITY OF NEW YORK; Fire Department of the City of New York; Daniel A. Nigro; New York City Department Of Corrections; N.Y.C. D.O.C. Comm. Cynthia Brann; Dermot F. Shea; New York City Police Department; Frederick Davie; Civilian Complaint Review Board. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party text was omitted;. (jgo)

July 17, 2020

July 17, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

July 17, 2020

July 17, 2020

PACER

Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

July 17, 2020

July 17, 2020

PACER

Case Designated ECF. (jgo)

July 17, 2020

July 17, 2020

PACER
6

CIVIL COVER SHEET filed..(Saint-Fort, Dominique)

July 17, 2020

July 17, 2020

RECAP
7

LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Rebecca Quinn and Dominique Saint-Fort dated July 17, 2020. Document filed by Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio. (Attachments: # (1) Exhibit State Court Order, # (2) Exhibit PBA Collective Bargaining Agreement).(Quinn, Rebecca)

1 Exhibit State Court Order

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2 Exhibit PBA Collective Bargaining Agreement

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July 17, 2020

July 17, 2020

RECAP
8

LETTER addressed to Judge Katherine Polk Failla from Christopher Dunn dated July 17, 2020 re: Request to Participate as Amicus Curiae. Document filed by New York Civil Liberties Union..(Dunn, Christopher)

July 17, 2020

July 17, 2020

RECAP
9

LETTER addressed to Judge Katherine Polk Failla from Anthony P. Coles dated 7/17/2020 re: Response to Defendants/Respondents July 17, 2020 letter. Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York. (Attachments: # (1) Exhibit 1 - TRO issued by State Supreme Court Justice Carol R. Edmead on July 15, 2020, # (2) Exhibit 2 -Order on Motion, State Troopers Fraternal Assoc. v. State of New Jersey, et al., Superior Court of New Jersey, Appellate Div.).(Coles, Anthony)

1 Exhibit 1 - TRO issued by State Supreme Court Justice Carol R. Edmead on July 15

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2 Exhibit 2 -Order on Motion, State Troopers Fraternal Assoc. v. State of New Jers

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July 17, 2020

July 17, 2020

RECAP
10

NOTICE of of State Court Papers Filed by Petitioners/Plaintiffs Prior to Removal. Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York. (Attachments: # (1) Petitioners/Plaintiffs' Proposed Order to Show Cause, # (2) Petitioners/Plaintiffs' Verified Petition/Complaint, # (3) Exhibit 1 to Petitioners/Plaintiffs Verified Petition/Complaint (Grievances), # (4) Exhibit 2 to Petitioners/Plaintiffs Verified Petition/Complaint (SBA), # (5) Exhibit 3 to Petitioners/Plaintiffs Verified Petition/Complaint (PBA), # (6) Exhibit 4 to Petitioners/Plaintiffs Verified Petition/Complaint (LBA), # (7) Exhibit 5 to Petitioners/Plaintiffs Verified Petition/Complaint (CEA), # (8) Exhibit 6 to Petitioners/Plaintiffs Verified Petition/Complaint (DEA), # (9) Exhibit 7 to Petitioners/Plaintiffs Verified Petition/Complaint (COBA), # (10) Exhibit 8 to Petitioners/Plaintiffs Verified Petition/Complaint (UFA), # (11) Exhibit 9 to Petitioners/Plaintiffs Verified Petition/Complaint (UFAO), # (12) Memorandum of Law in Support of Verified Petition/Complaint and Proposed Order to Show Cause Seeking Temporary Restraining Order and Preliminary Injunction, # (13) Affirmation in Support of Emergency Relief, # (14) Rule 202.7(f) Affirmation of Notice of Application for a Temporary Restraining Order, # (15) UCS-840, Request for Judicial Intervention;, # (16) Summons).(Coles, Anthony)

1 Petitioners/Plaintiffs' Proposed Order to Show Cause

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2 Petitioners/Plaintiffs' Verified Petition/Complaint

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3 Exhibit 1 to Petitioners/Plaintiffs Verified Petition/Complaint (Grievances)

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4 Exhibit 2 to Petitioners/Plaintiffs Verified Petition/Complaint (SBA)

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5 Exhibit 3 to Petitioners/Plaintiffs Verified Petition/Complaint (PBA)

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6 Exhibit 4 to Petitioners/Plaintiffs Verified Petition/Complaint (LBA)

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7 Exhibit 5 to Petitioners/Plaintiffs Verified Petition/Complaint (CEA)

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8 Exhibit 6 to Petitioners/Plaintiffs Verified Petition/Complaint (DEA)

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9 Exhibit 7 to Petitioners/Plaintiffs Verified Petition/Complaint (COBA)

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10 Exhibit 8 to Petitioners/Plaintiffs Verified Petition/Complaint (UFA)

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11 Exhibit 9 to Petitioners/Plaintiffs Verified Petition/Complaint (UFAO)

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12 Memorandum of Law in Support of Verified Petition/Complaint and Proposed Order

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13 Affirmation in Support of Emergency Relief

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14 Rule 202.7(f) Affirmation of Notice of Application for a Temporary Restraining

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15 UCS-840, Request for Judicial Intervention;

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16 Summons

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July 17, 2020

July 17, 2020

RECAP
11

LETTER REPLY to Response to Motion addressed to Judge Katherine Polk Failla from Rebecca Quinn and Dominique Saint-Fort dated July 20, 2020 re: [7] LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Rebecca Quinn and Dominique Saint-Fort dated July 17, 2020. . Document filed by Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio. (Attachments: # (1) Exhibit Exhibit A).(Saint-Fort, Dominique)

1 Exhibit Exhibit A

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July 20, 2020

July 20, 2020

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LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Anthony P. Coles dated 07/20/2020 re: [7] LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Rebecca Quinn and Dominique Saint-Fort dated July 17, 2020. . Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York. (Attachments: # (1) Exhibit A - Justice Edmead's July 15 Order, # (2) Exhibit B - July 8, 2020 Letter from Police Benevolent Association of the City of New York, Inc., # (3) Exhibit C - Order on Motion, No. A- 003950-19T4 (N.J. Super., App. Div. July 8, 2020)).(Coles, Anthony)

1 Exhibit A - Justice Edmead's July 15 Order

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2 Exhibit B - July 8, 2020 Letter from Police Benevolent Association of the City o

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3 Exhibit C - Order on Motion, No. A- 003950-19T4 (N.J. Super., App. Div. July 8,

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July 20, 2020

July 20, 2020

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LETTER REPLY to Response to Motion addressed to Judge Katherine Polk Failla from Rebecca Quinn and Dominique Saint-Fort dated July 21, 2020 re: [7] LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Rebecca Quinn and Dominique Saint-Fort dated July 17, 2020. . Document filed by Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio..(Saint-Fort, Dominique)

July 21, 2020

July 21, 2020

RECAP

NOTICE OF CONFERENCE DIAL-IN re: 14 Order on Motion for Conference: The dial-in information for the oral ruling with regard to the oral arguments presented today in this matter is (888) 363-4749, access code 5123533. ***No PDF is attached to this entry. (tn)

July 22, 2020

July 22, 2020

PACER

Minute Entry for proceedings held before Judge Katherine Polk Failla: Temporary Restraining Order hearing held on 7/22/2020. Plaintiffs' motion for TRO granted in part per oral decision. NYCL is found to be acting in concert with Defendants and is ordered to not disclose documents further, internally or externally. Plaintiff's request for discovery is granted on the limited basis as set forth on the record. Supplemental briefing, and amicus brief, if any are due by 8/14/2020. Preliminary Injunction hearing is set for 8/18/2020 at 2:00 p.m. (Court Reporter Andrew Walker) (tn)

July 22, 2020

July 22, 2020

PACER

Set/Reset Hearings: Preliminary Injunction Hearing set for 8/18/2020 at 02:00 PM before Judge Katherine Polk Failla. (tn)

July 22, 2020

July 22, 2020

PACER
14

ORDER granting [7] Letter Motion for Conference. The parties in this matter are hereby ORDERED to appear for a videoconference on July 22, 2020, at 4:00 p.m. The conference will proceed via videoconference, with audio access as follows: Dial-in: (917) 933-2166; Conference ID: 801588117. The Court will provide instructions for accessing the conference for video participants separately. SO ORDERED. Telephone Conference set for 7/22/2020 at 04:00 PM before Judge Katherine Polk Failla.. (Signed by Judge Katherine Polk Failla on 7/22/2020) (kv)

July 22, 2020

July 22, 2020

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NOTICE OF APPEARANCE by Michael Robert Hepworth on behalf of Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York..(Hepworth, Michael)

July 23, 2020

July 23, 2020

RECAP
16

LETTER addressed to Judge Katherine Polk Failla from Christopher Dunn dated July 23, 2020 re: Letter Motion by NYCLU to Modify Temporary Restraining Order. Document filed by New York Civil Liberties Union. (Attachments: # (1) Affidavit of Christopher Dunn).(Dunn, Christopher)

1 Affidavit of Christopher Dunn

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July 24, 2020

July 24, 2020

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MEMO ENDORSEMENT on re: [16] Letter, filed by New York Civil Liberties Union. ENDORSEMENT: The Court is in receipt of the above-letter from NYCLU. (Dkt. #16). As discussed at the hearing on July 22, 2020, Plaintiffs are ordered to respond by today, July 24, 2020. (Signed by Judge Katherine Polk Failla on 7/24/2020) (tn)

July 24, 2020

July 24, 2020

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NOTICE OF APPEARANCE by Christopher Thomas Dunn on behalf of New York Civil Liberties Union..(Dunn, Christopher)

July 24, 2020

July 24, 2020

PACER
19

NOTICE OF APPEARANCE by Molly Knopp Biklen on behalf of New York Civil Liberties Union..(Biklen, Molly)

July 24, 2020

July 24, 2020

PACER
20

NOTICE OF APPEARANCE by Jordan Laris Cohen on behalf of New York Civil Liberties Union..(Cohen, Jordan)

July 24, 2020

July 24, 2020

PACER
21

LETTER MOTION for Discovery addressed to Judge Katherine Polk Failla from Anthony P. Coles dated 07/24/2020. Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3).(Coles, Anthony)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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July 24, 2020

July 24, 2020

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LETTER addressed to Judge Katherine Polk Failla from Anthony P. Coles dated 07/24/2020 re: in response to Christopher Dunns letter to the Court of July 23, 2020. Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York..(Coles, Anthony)

July 24, 2020

July 24, 2020

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LETTER addressed to Judge Katherine Polk Failla from Rebecca Quinn and Dominique Saint-Fort dated July 25, 2020 re: Response to Anthony Coles's Letter in Response to Christopher Dunn's Letter to the Court of July 23, 2020. Document filed by Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio..(Quinn, Rebecca)

July 25, 2020

July 25, 2020

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LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Rebecca Quinn and Dominique Saint-Fort dated July 25, 2020 re: [21] LETTER MOTION for Discovery addressed to Judge Katherine Polk Failla from Anthony P. Coles dated 07/24/2020. . Document filed by Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B).(Saint-Fort, Dominique)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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July 25, 2020

July 25, 2020

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LETTER addressed to Judge Katherine Polk Failla from Anthony P. Coles dated July 26, 2020 re: Reply Letter in response to Defendants Letter of July 25 concerning discovery. Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York..(Coles, Anthony)

July 26, 2020

July 26, 2020

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LETTER addressed to Judge Katherine Polk Failla from Rebecca Quinn and Dominique Saint-Fort dated July 27, 2020 re: Plaintiffs' Letter Dated Juy 26, 2020 Dkt # 25. Document filed by Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio..(Quinn, Rebecca)

July 27, 2020

July 27, 2020

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NOTICE OF APPEARANCE by Kami Zumbach Barker on behalf of Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio..(Barker, Kami)

July 27, 2020

July 27, 2020

PACER
28

ORDER: The parties in this matter are hereby ORDERED to appear for a videoconference on July 28, 2020, at 2:00 p.m. The conference will proceed via videoconference, with audio access as follows: Dial-in: (888) 363-4749; Conference ID: 5123533. The Court will provide instructions for accessing the conference for video participants separately. (Telephone Conference set for 7/28/2020 at 02:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 7/27/2020) (jwh)

July 27, 2020

July 27, 2020

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LETTER addressed to Judge Katherine Polk Failla from Anthony P. Coles dated 07/27/2020 re: Supplemental authority in support of Plaintiffs' motion for a preliminary injunction.. Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York. (Attachments: # (1) Exhibit A - Buffalo Police Benevolent Assn et al. v. Byron W. Brown et al., No. 807664/2020 (July 24, 2020)).(Coles, Anthony)

1 Exhibit A - Buffalo Police Benevolent Assn et al. v. Byron W. Brown et al., No.

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July 27, 2020

July 27, 2020

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Minute Entry for proceedings held before Judge Katherine Polk Failla: Oral Argument held on 7/28/2020 re: 36 FIRST LETTER MOTION for Conference or to lift the TRO against defendant, as it applies to the CCRB database addressed to Judge Katherine Polk Failla from Kami Zumbach Barker, for defendants dated July 29, 2020 filed by Cynthia Brann, Dermot F. Shea, Fire Department of the City of New York, New York City Police Department, New York City Department of Correction, Civilian Complaint Review Board, City of New York, Bill de Blasio, Daniel A. Nigro, Frederick Davie: the temporary restraining order entered by the Court on July 22, 2020 is modified such that it no longer applies to NYCLU. Discovery disputes were resolved as set forth on the record. (Court Reporter Raquel Robles) (tn)

July 28, 2020

July 28, 2020

PACER
30

LETTER addressed to Judge Katherine Polk Failla from Anthony P. Coles dated 07/28/2020 re: Supplemental authority in support of Plaintiffs' motion for a preliminary injunction. Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York. (Attachments: # (1) Exhibit A - July 27, 2020 New York State Committee on Open Government Advisory Opinion).(Coles, Anthony)

1 Exhibit A - July 27, 2020 New York State Committee on Open Government Advisory O

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July 28, 2020

July 28, 2020

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31

LETTER addressed to Judge Katherine Polk Failla from Dominique Saint-Fort dated July 28, 2020 re: Discovery. Document filed by Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio. (Attachments: # (1) Exhibit Exhibit A).(Saint-Fort, Dominique)

1 Exhibit Exhibit A

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July 28, 2020

July 28, 2020

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32

LETTER addressed to Judge Katherine Polk Failla from Christopher Dunn dated July 28, 2020 re: NYCLU letter about motion to modify temporary restraining order. Document filed by New York Civil Liberties Union..(Dunn, Christopher)

July 28, 2020

July 28, 2020

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LETTER MOTION to File Amicus Brief addressed to Judge Katherine Polk Failla from Roger A. Cooper and Corey Stoughton dated July 28, 2020. Document filed by The Legal Aid Society. (Attachments: # (1) Attachment A - June 5, 2018 Transcript, # (2) Attachment B - February 19, 2020 Memorandum of Support, # (3) Attachment C - June 15, 2020 Letter).(Cooper, Roger)

1 Attachment A - June 5, 2018 Transcript

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2 Attachment B - February 19, 2020 Memorandum of Support

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3 Attachment C - June 15, 2020 Letter

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July 28, 2020

July 28, 2020

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34

FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF INTERLOCUTORY APPEAL. Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York. Filing fee $ 505.00, receipt number ANYSDC-20895063. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Coles, Anthony) Modified on 7/29/2020 (tp).

July 28, 2020

July 28, 2020

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***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Coles, Anthony to RE-FILE Document No. 34 Notice of Interlocutory Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp)

July 29, 2020

July 29, 2020

PACER

Appeal Fee Paid electronically via Pay.gov: for 39 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-20895063, paid on 7/28/2020. (tp)

July 29, 2020

July 29, 2020

PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 39 Corrected Notice of Appeal. (tp)

July 29, 2020

July 29, 2020

PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 39 Corrected Notice of Appeal, filed by Police Benevolent Association of the City of New York, Inc., Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York, Captains Endowment Association, Sergeants Benevolent Association were transmitted to the U.S. Court of Appeals. (tp)

July 29, 2020

July 29, 2020

PACER
35

ORDER granting [33] Letter Motion to File Amicus Brief. Application GRANTED. The Court will permit Legal Aid to file a brief on the same timeline as the parties to this action, due by August 14, 2020, and will hear from Legal Aid as appropriate at the August 18, 2020 hearing. (Signed by Judge Katherine Polk Failla on 7/29/2020) (rro)

July 29, 2020

July 29, 2020

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36

FIRST LETTER MOTION for Conference or to lift the TRO against defendant, as it applies to the CCRB database addressed to Judge Katherine Polk Failla from Kami Zumbach Barker, for defendants dated July 29, 2020. Document filed by Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio. (Attachments: # (1) Exhibit A).(Barker, Kami)

1 Exhibit A

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July 29, 2020

July 29, 2020

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37

LETTER addressed to Judge Katherine Polk Failla from Rebecca Quinn and Dominique Saint-Fort dated July 29, 2020 re: Correction to Letter to Plaintiffs Dated July 28, 2020. Document filed by Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio..(Quinn, Rebecca)

July 29, 2020

July 29, 2020

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38

ORDER: For the reasons stated in open court during the hearing on July 28, 2020, the temporary restraining order entered by the Court on July 22, 2020 is modified such that it no longer applies to non-party New York Civil Liberties Union. SO ORDERED. (Signed by Judge Katherine Polk Failla on 7/29/2020) (rro)

July 29, 2020

July 29, 2020

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39

CORRECTED NOTICE OF APPEAL re: [34] Notice of Interlocutory Appeal,, [38] Order,. Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York..(Coles, Anthony)

July 29, 2020

July 29, 2020

PACER
40

NOTICE OF APPEARANCE by Alex V. Chachkes on behalf of Communities United for Police Reform..(Chachkes, Alex)

July 29, 2020

July 29, 2020

PACER
41

EMERGENCY MOTION to Intervene as Defendant. Document filed by Communities United for Police Reform..(Chachkes, Alex)

July 29, 2020

July 29, 2020

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42

MEMORANDUM OF LAW in Support re: [41] EMERGENCY MOTION to Intervene as Defendant. . Document filed by Communities United for Police Reform..(Chachkes, Alex)

July 29, 2020

July 29, 2020

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43

DECLARATION of Alex V. Chachkes in Support re: [41] EMERGENCY MOTION to Intervene as Defendant.. Document filed by Communities United for Police Reform. (Attachments: # (1) Exhibit A, # (2) Exhibit B).(Chachkes, Alex)

1 Exhibit A

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2 Exhibit B

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July 29, 2020

July 29, 2020

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44

DECLARATION of Joo-Hyun Kang in Support re: [41] EMERGENCY MOTION to Intervene as Defendant.. Document filed by Communities United for Police Reform..(Chachkes, Alex)

July 29, 2020

July 29, 2020

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45

DECLARATION of Jumaane D. Williams in Support re: [41] EMERGENCY MOTION to Intervene as Defendant.. Document filed by Communities United for Police Reform..(Chachkes, Alex)

July 29, 2020

July 29, 2020

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46

DECLARATION of Constance Malcolm in Support re: [41] EMERGENCY MOTION to Intervene as Defendant.. Document filed by Communities United for Police Reform..(Chachkes, Alex)

July 29, 2020

July 29, 2020

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47

DECLARATION of James Blake in Support re: [41] EMERGENCY MOTION to Intervene as Defendant.. Document filed by Communities United for Police Reform..(Chachkes, Alex)

July 29, 2020

July 29, 2020

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48

DECLARATION of Natasha Duncan in Support re: [41] EMERGENCY MOTION to Intervene as Defendant.. Document filed by Communities United for Police Reform..(Chachkes, Alex)

July 29, 2020

July 29, 2020

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49

NOTICE OF APPEARANCE by Rene Kathawala on behalf of Communities United for Police Reform..(Kathawala, Rene)

July 29, 2020

July 29, 2020

PACER
50

NOTICE OF APPEARANCE by Margaret Lee Wheeler-Frothingham on behalf of Communities United for Police Reform..(Wheeler-Frothingham, Margaret)

July 29, 2020

July 29, 2020

PACER
51

ORDER with respect to [36] Letter Motion for Conference. The Court is in receipt of the above letter from Defendants. (Dkt. #36). Plaintiffs are hereby ORDERED to respond within 7 days of the Second Circuit resolving Plaintiff's interlocutory appeal. (See Dkt. #39). (Signed by Judge Katherine Polk Failla on 7/29/2020) (rro)

July 29, 2020

July 29, 2020

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52

NOTICE OF APPEARANCE by Joseph Michael Kay on behalf of The Legal Aid Society..(Kay, Joseph)

July 29, 2020

July 29, 2020

PACER
53

NOTICE OF APPEARANCE by Ye Eun E Chun on behalf of The Legal Aid Society..(Chun, Ye Eun)

July 29, 2020

July 29, 2020

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54

LETTER MOTION to Stay re: [38] Order, Emergency letter motion asking for reconsideration of the Courts July 29, 2020 Order addressed to Judge Katherine Polk Failla from Anthony P. Coles dated 07/29/2020. Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York. (Attachments: # (1) Exhibit A).(Coles, Anthony)

1 Exhibit A

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July 29, 2020

July 29, 2020

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55

ORDER denying [54] Letter Motion to Stay: Plaintiffs' above emergency letter motion for reconsideration of its modification of the temporary restraining order (Dkt. #54) is DENIED. It appears that all sides are in agreement that the materials at issue were disclosed by the CCRB to NYCLU on July 14, 2020, which is prior to any injunctive order being entered by the state court. (See Dkt. 16, 36, 54). That said, the Court is concerned that Mr. Dunn may have been incorrect in his statements to the Court and it instructs him to file a letter by July 30, 2020, at 5:00 p.m. advising the Court as to whether any of the answers he provided to the Court at the hearing on July 28, 2020, and is contained in Plaintiff's letter of July 29, 2020, is incorrect or omits material information. (Signed by Judge Katherine Polk Failla on 7/29/2020) (tn)

July 29, 2020

July 29, 2020

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56

LETTER addressed to Judge Katherine Polk Failla from Anthony P. Coles dated 07/29/2020 re: in response to the Court's Order of this evening (ECF No. 55). Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York..(Coles, Anthony)

July 29, 2020

July 29, 2020

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57

FIRST LETTER addressed to Judge Katherine Polk Failla from Kami Zumbach Barker, for defendants, dated July 29, 2020 re: clarification of defendants' typo in footnote and response to plaintiffs' emergency letter to reconsider. Document filed by Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio. (Attachments: # (1) Exhibit A, # (2) Exhibit B).(Barker, Kami)

1 Exhibit A

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2 Exhibit B

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July 29, 2020

July 29, 2020

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Notice to Attorney Regarding Deficient Appeal

July 29, 2020

July 29, 2020

PACER
58

NOTICE OF APPEARANCE by Corey Stoughton on behalf of The Legal Aid Society..(Stoughton, Corey)

July 30, 2020

July 30, 2020

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59

ORDER of USCA (Certified Copy) USCA Case Number 20-2400. IT IS HEREBY ORDERED that the District Court's order dated July 29, 2020 is stayed pending determination by a three-judge panel of Appellants' motion to stay the order pending appeal. An expedited schedule for the submission of the parties' papers in support of, and opposition to, the motion will issue later today. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 7/30/2020. (tp)

July 30, 2020

July 30, 2020

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60

LETTER MOTION for Discovery Plaintiffs' Document Requests Nos. 5 and 6 addressed to Judge Katherine Polk Failla from Dominique Saint-Fort and Rebecca Quinn dated July 30, 2020. Document filed by Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio..(Saint-Fort, Dominique)

July 30, 2020

July 30, 2020

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61

LETTER addressed to Judge Katherine Polk Failla from Christopher Dunn dated July 30, 2020 re: NYCLU Receipt of CCRB Database. Document filed by New York Civil Liberties Union..(Dunn, Christopher)

July 30, 2020

July 30, 2020

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62

ORDER with respect to [60] Letter Motion for Discovery. The Court is in receipt of the above letter from Defendants. (Dkt. #60). Plaintiffs are hereby ORDERED to respond to this letter by July 31, 2020. (Signed by Judge Katherine Polk Failla on 7/30/2020) (rro)

July 31, 2020

July 31, 2020

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63

LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Anthony P. Coles dated 07/31/2020 re: [60] LETTER MOTION for Discovery Plaintiffs' Document Requests Nos. 5 and 6 addressed to Judge Katherine Polk Failla from Dominique Saint-Fort and Rebecca Quinn dated July 30, 2020. . Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York. (Attachments: # (1) Exhibit A - Draft Stipulation).(Coles, Anthony)

1 Exhibit A - Draft Stipulation

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July 31, 2020

July 31, 2020

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64

ORDER: On July 29, 2020, Communities for Police Reform ("CPR") filed an emergency motion to intervene in this action. (See Dkt. #41-48). The parties to this action are hereby ORDERED to respond to CPR's motion on or before August 7, 2020. CPR may reply on or before August 11, 2020. SO ORDERED. (Responses due by 8/7/2020, Replies due by 8/11/2020.) (Signed by Judge Katherine Polk Failla on 7/31/2020) (rro)

July 31, 2020

July 31, 2020

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65

LETTER addressed to Judge Katherine Polk Failla from Towaki Komatsu, dated 7/31/20 re: I am filing this letter motion to further supplement the application which I submitted to you earlier today to be granted permissive intervention in the case referenced above as an interested party or to appear as an amicus curiae in the altenative. (Attachments: # (1) Supplement)(sc)

1 Supplement

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Aug. 3, 2020

Aug. 3, 2020

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66

LETTER MOTION for Discovery addressed to Judge Katherine Polk Failla from Anthony P. Coles dated 08/04/2020. Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3).(Coles, Anthony)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Aug. 4, 2020

Aug. 4, 2020

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67

MEMO ENDORSEMENT on [88] granting [60] Letter Motion for Discovery; terminating [66] Letter Motion for Discovery. The Court has reviewed Defendants' motion for reconsideration of the Court's discovery rulings (Dkt. #60), Plaintiffs' July 31, 2020 response letter (Dkt. #63), and Plaintiffs' August 4, 2020 letter (Dkt. #66). Given the burdens that Defendants' have outlined with respect to Document Request #5, and Defendants' representation that "before the repeal of Civil Rights Law §50-a, NYPD would deny requests for disciplinary records of members of the service solely on the basis that that they were protected from disclosure by § 50-a" (Dkt. #60 at 2), the Court agrees that the Request as it applies to NYPD and FDNY is unduly burdensome and disproportionate to the needs of this case. Accordingly, Defendants' motion for reconsideration of Document Request #5 is GRANTED: Defendants shall produce responsive documents from the CCRB and DOC; but Defendants need not produce such documents from the NYPD and FDNY. Defendants' request with respect to Document Request #6 is GRANTED IN PART AND DENIED IN PART. Defendants are ORDERED to, as Plaintiff suggested, produce the responsive documents for 10 of the City agencies that use a computerized system and produce the requested denials based on searches reasonably designed to find denials of requests for disciplinary records. Further, the Court is concerned that, three days before the discovery deadline, Defendants have yet to produce any documents to Plaintiffs. Defendants should begin rolling out their document production as soon as possible. (Signed by Judge Katherine Polk Failla on 8/4/2020) (rro)

Aug. 5, 2020

Aug. 5, 2020

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68

LETTER MOTION to File Amicus Brief addressed to Judge Katherine Polk Failla from Charlita Mays dated August 5, 2020. Document filed by Center on Race, Inequality, and the Law at New York University School of Law..(Mays, Charlita)

Aug. 5, 2020

Aug. 5, 2020

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69

ORDER granting [68] Letter Motion to File Amicus Brief. Application GRANTED. The Center may submit an amicus brief in this case on or before August 14, 2020. (Signed by Judge Katherine Polk Failla on 8/5/2020) (rro)

Aug. 5, 2020

Aug. 5, 2020

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70

NOTICE OF APPEARANCE by Charlita Mays on behalf of Center on Race, Inequality, and the Law at New York University School of Law..(Mays, Charlita)

Aug. 5, 2020

Aug. 5, 2020

PACER
71

NOTICE OF APPEARANCE by Cynthia Chen on behalf of Center on Race, Inequality, and the Law at New York University School of Law..(Chen, Cynthia)

Aug. 5, 2020

Aug. 5, 2020

PACER
72

PROPOSED PROTECTIVE ORDER. Document filed by Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio..(Saint-Fort, Dominique)

Aug. 5, 2020

Aug. 5, 2020

PACER
73

STIPULATION AND CONFIDENTIALITY ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. This confidentiality agreement does not bind the Court or any of its personnel. The Court can modify this stipulation at any time. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 6(A) of this Court's Individual Rules of Civil Procedure. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/05/2020) (ama)

Aug. 5, 2020

Aug. 5, 2020

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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 74 MOTION for Courtney Gilligan Saleski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21035602. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Aug. 6, 2020

Aug. 6, 2020

PACER
74

MOTION for Courtney Gilligan Saleski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21035602. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York. (Attachments: # (1) Exhibit A - Certificate of Good Standing, # (2) Exhibit B - Certificate of Good Standing, # (3) Exhibit C - Certificate of Good Standing, # (4) Exhibit D - Affidavit in Support, # (5) Exhibit E - Proposed Order).(Saleski, Courtney)

1 Exhibit A - Certificate of Good Standing

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2 Exhibit B - Certificate of Good Standing

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3 Exhibit C - Certificate of Good Standing

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4 Exhibit D - Affidavit in Support

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5 Exhibit E - Proposed Order

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Aug. 6, 2020

Aug. 6, 2020

PACER
75

FIRST LETTER addressed to Judge Katherine Polk Failla from Kami Zumbach Barker, for defendants, dated August 7, 2020 re: requesting a pre-motion conference. Document filed by Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio. (Attachments: # (1) A, # (2) B, # (3) C).(Barker, Kami)

1 A

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2 B

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3 C

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Aug. 7, 2020

Aug. 7, 2020

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76

ORDER FOR ADMISSION PRO HAC VICE granting [74] Motion for Courtney G. Saleski to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 8/7/2020) (rro)

Aug. 7, 2020

Aug. 7, 2020

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77

FIRST MEMORANDUM OF LAW in Opposition re: [41] EMERGENCY MOTION to Intervene as Defendant. . Document filed by Cynthia Brann, City of New York, Civilian Complaint Review Board, Frederick Davie, Fire Department of the City of New York, New York City Department of Correction, New York City Police Department, Daniel A. Nigro, Dermot F. Shea, Bill de Blasio..(Barker, Kami)

Aug. 7, 2020

Aug. 7, 2020

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78

RESPONSE in Opposition to Motion re: [41] EMERGENCY MOTION to Intervene as Defendant. . Document filed by Captains Endowment Association, Correction Officers' Benevolent Association of the City of New York, Inc., Detectives' Endowment Association, Lieutenants Benevolent Association, Police Benevolent Association of the City of New York, Inc., Sergeants Benevolent Association, Uniformed Fire Officers Association, Uniformed Firefighters Association of Greater New York..(Coles, Anthony)

Aug. 7, 2020

Aug. 7, 2020

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79

MEMO ENDORSEMENT on re: [75] Letter, filed by Cynthia Brann, Dermot F. Shea, Fire Department of the City of New York, New York City Police Department, New York City Department of Correction, Civilian Complaint Review Board, City of New York, Bill de Blasio, Daniel A. Nigro, Frederick Davie. ENDORSEMENT: The Court is in receipt of the above letter from Defendants seeking a pre-motion conference concerning their anticipated motion to dismiss the complaint. (Dkt. #75). Plaintiffs need not respond to the letter at this time, but should be prepared to discuss the contents of such letter at the preliminary injunction hearing on August 18, 2020. (Signed by Judge Katherine Polk Failla on 8/7/2020) (rro)

Aug. 7, 2020

Aug. 7, 2020

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***DELETED DOCUMENT. Deleted document number 83 ORDER. The document was incorrectly filed in this case. (rro)

Aug. 10, 2020

Aug. 10, 2020

PACER
80

LETTER MOTION to File Amicus Brief addressed to Judge Katherine Polk Failla from Brian S. Fraser dated August 10, 2020. Document filed by Law Enforcement Action Partnership..(Fraser, Brian)

Aug. 10, 2020

Aug. 10, 2020

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81

MEMO ENDORSEMENT on re: [75] Letter, filed by Cynthia Brann, Dermot F. Shea, Fire Department of the City of New York, New York City Police Department, New York City Department of Correction, Civilian Complaint Review Board, City of New York, Bill de Blasio, Daniel A. Nigro, Frederick Davie. ENDORSEMENT: The Court is in receipt of the above letter from Defendants seeking a pre-motion conference concerning their anticipated motion to dismiss the complaint. (Dkt. #75). Plaintiffs need not respond to the letter at this time, but should be prepared to discuss the contents of such letter at the preliminary injunction hearing on August 18, 2020. (Signed by Judge Katherine Polk Failla on 8/7/2020) (rro)

Aug. 10, 2020

Aug. 10, 2020

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LETTER MOTION to File Amicus Brief addressed to Judge Katherine Polk Failla from David L. Kornblau dated August 10, 2020. Document filed by Justice Committee Inc...(Kornblau, David)

Aug. 10, 2020

Aug. 10, 2020

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