Case: Belle v. New York

1:19-cv-02673 | U.S. District Court for the Southern District of New York

Filed Date: March 25, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about detaining people for warrant searches without reasonable suspicion. On March 25, 2019, two African-American and Latino men filed this putative class action lawsuit in the Southern District of New York. The plaintiffs sued the City of New York under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought injunctive and declaratory relief, compensatory damages, and attorneys' fees. They claimed that the New York Police Department (NYPD) policy of detaining peo…

This is a case about detaining people for warrant searches without reasonable suspicion. On March 25, 2019, two African-American and Latino men filed this putative class action lawsuit in the Southern District of New York. The plaintiffs sued the City of New York under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought injunctive and declaratory relief, compensatory damages, and attorneys' fees. They claimed that the New York Police Department (NYPD) policy of detaining people for warrant searches without reasonable suspicion violated the Fourth and Fourteenth Amendments of the U.S. Constitution and that the NYPD has engaged in a long-standing pattern and practice of unlawful searches and seizures. They also claimed that the NYPD officials failed to properly train or supervise police officers regarding these searches.

The case was assigned to Judge Valerie E. Caproni. On January 3, 2020, the plaintiffs filed an amended complaint, which included adding five more plaintiffs and changing the class definition to use the specific term "NYPD record searches" instead of "warrant searches." On April 3, 2020, the defendants filed a motion to stay, citing difficulties with accessing documents as a result of work-from-home policies during the COVID-19 pandemic. On April 6, 2020, the court ordered for the case to be stayed for 45 days.

In late May 2020, the stay concluded the litigation resumed. The parties began discovery and as of October 18, 2020, the case is ongoing.

Summary Authors

Lauren Yu (10/19/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14795345/parties/belle-v-city-of-new-york/


Judge(s)

Caproni, Valerie Elaine (New York)

Attorneys(s) for Plaintiff

Bernard, James Lawrence (New York)

Chang, Rebecca Pearl (District of Columbia)

Farah, George Fuad (New York)

Griffard, Molly (New York)

Handley, Matthew K. (District of Columbia)

Joubin, Cyrus (New York)

Kahne, David Jonathan (New York)

Stoughton, Corey (New York)

Attorneys(s) for Defendant

Akina, William Keaupuni (New York)

Judge(s)

Caproni, Valerie Elaine (New York)

Attorneys(s) for Plaintiff

Bernard, James Lawrence (New York)

Chang, Rebecca Pearl (District of Columbia)

Farah, George Fuad (New York)

Griffard, Molly (New York)

Handley, Matthew K. (District of Columbia)

Joubin, Cyrus (New York)

Kahne, David Jonathan (New York)

Stoughton, Corey (New York)

Attorneys(s) for Defendant

Akina, William Keaupuni (New York)

Alonso, Stephanie Michelle Vilella (New York)

March, Debra M (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Belle v. City of New York

Oct. 1, 2020 Docket
1

Class Action Complaint

Belle v. City of New York

March 25, 2019 Complaint
35

First Amended Class Action Complaint

Belle v. City of New York

Jan. 3, 2020 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14795345/belle-v-city-of-new-york/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against City Of New York, John Doe 1-50. (Filing Fee $ 400.00, Receipt Number ANYSDC-16559255)Document filed by Terron Belle, William Rios.(Joubin, Cyrus) (Entered: 03/25/2019)

March 25, 2019 PACER
2

CIVIL COVER SHEET filed. (Joubin, Cyrus) (Entered: 03/25/2019)

March 25, 2019 PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint. Document filed by Terron Belle, William Rios. (Joubin, Cyrus) (Entered: 03/25/2019)

March 25, 2019 PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Cyrus Joubin. The party information for the following party/parties has been modified: John Doe 1-50. The information for the party/parties has been modified for the following reason/reasons: Party text entered incomplete. (dnh)

March 26, 2019 PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (dnh)

March 26, 2019 PACER

Magistrate Judge Barbara C. Moses 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: http://nysd.uscourts.gov/forms.php. (dnh)

March 26, 2019 PACER

Case Designated ECF. (dnh)

March 26, 2019 PACER
4

ELECTRONIC SUMMONS ISSUED as to City Of New York. (dnh) (Entered: 03/26/2019)

March 26, 2019 PACER
5

CERTIFICATE OF SERVICE of Summons and Complaint. City Of New York served on 3/27/2019, answer due 4/17/2019. Service was accepted by Betty Mazyck, docketing clerk. Document filed by Terron Belle; William Rios. (Joubin, Cyrus) (Entered: 03/27/2019)

March 27, 2019 PACER
6

NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/24/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 3/28/2019) (ks) (Entered: 03/28/2019)

March 28, 2019 PACER
7

NOTICE OF APPEARANCE by George Fuad Farah on behalf of Terron Belle, William Rios. (Farah, George) (Entered: 03/29/2019)

March 29, 2019 PACER
8

NOTICE OF APPEARANCE by Matthew Keith Handley on behalf of Terron Belle, William Rios. (Handley, Matthew) (Entered: 04/02/2019)

April 2, 2019 PACER
9

NOTICE OF APPEARANCE by Debra M. March on behalf of City Of New York. (March, Debra) (Entered: 04/15/2019)

April 15, 2019 PACER
10

LETTER MOTION for Extension of Time to File Response/Reply and an adjournment of the Initial Pretrial Conference addressed to Judge Valerie E. Caproni from Debra March dated 4/15/2019. Document filed by City Of New York.(March, Debra) (Entered: 04/15/2019)

April 15, 2019 PACER
11

ORDER: granting 10 Letter Motion for Extension of Time to File Response/Reply. All Defendants' time to respond to the Complaint is extended through June 17, 2019. The initial conference is adjourned to June 21, 2019 at 10:00 A.M. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/15/2019) (ama) (Entered: 04/16/2019)

April 16, 2019 PACER

Set/Reset Deadlines: City Of New York answer due 6/17/2019., Set/Reset Hearings:( Initial Conference set for 6/21/2019 at 10:00 AM before Judge Valerie E. Caproni.) (ama)

April 16, 2019 PACER
12

LETTER MOTION for Extension of Time for the parties to submit their joint letter addressed to Judge Valerie E. Caproni from Debra March dated 5/10/2019. Document filed by City Of New York.(March, Debra) (Entered: 05/10/2019)

May 10, 2019 PACER
13

ORDER granting in part and denying in part 12 Letter Motion for Extension of Time. The joint submission shall be due on June 13, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/10/2019) (ks) (Entered: 05/10/2019)

May 10, 2019 PACER
14

NOTICE OF APPEARANCE by Stephanie Michelle Vilella Alonso on behalf of City Of New York. (Vilella Alonso, Stephanie) (Entered: 05/14/2019)

May 14, 2019 PACER
15

JOINT LETTER addressed to Judge Valerie E. Caproni from Cyrus Joubin dated June 13, 2019 re: Initial Conference - Case Management Plan. Document filed by Terron Belle, William Rios. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Joubin, Cyrus) (Entered: 06/13/2019)

June 13, 2019 PACER
16

ANSWER to 1 Complaint with JURY DEMAND. Document filed by City Of New York.(Vilella Alonso, Stephanie) (Entered: 06/17/2019)

June 17, 2019 PACER

Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 6/21/2019. (jp)

June 21, 2019 PACER
17

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. ยง 636(c). Deposition due by 7/31/2020. Fact Discovery due by 4/30/2020. Expert Discovery due by 7/31/2020. Pretrial Conference set for 5/1/2020 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. This case is to be tried to a jury, and as further set forth in this Civil Case Management Plan and Scheduling Order. So ordered. (Signed by Judge Valerie E. Caproni on 6/21/2019) (rjm) (Entered: 06/24/2019)

June 21, 2019 RECAP
18

ORDER: IT IS HEREBY ORDERED THAT the parties must file a monthly status report, on the first business day of each month, starting on August 1, 2019. The reports must update the Court on the progress of discovery and any disputes or issues that may need the Court's attention, including whether the parties jointly believe that a settlement conference would be helpful. (Signed by Judge Valerie E. Caproni on 6/21/2019) (ne) (Entered: 06/24/2019)

June 21, 2019 PACER
19

STATUS REPORT. Document filed by Terron Belle, William Rios.(Joubin, Cyrus) (Entered: 07/31/2019)

July 31, 2019 PACER
20

STATUS REPORT. Second Status Report Document filed by Terron Belle, William Rios.(Joubin, Cyrus) (Entered: 09/03/2019)

Sept. 3, 2019 PACER
21

MEMO ENDORSEMENT: on re: 20 Status Report filed by William Rios, Terron Belle. ENDORSEMENT: The parties are directed to appear for an in-person status conference on September 13, 2019, at 10:00 A.M. The parties must promptly inform the Court if the disputes are resolved before then. SO ORDERED., ( Status Conference set for 9/13/2019 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 9/04/2019) (ama) (Entered: 09/04/2019)

Sept. 4, 2019 PACER
22

LETTER MOTION to Adjourn Conference The undersigned writes respectfully to request an adjournment of the Status Conference, presently scheduled for September 13, 2019, at 10:00 a.m. addressed to Judge Valerie E. Caproni. Document filed by City Of New York.(Vilella Alonso, Stephanie) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
23

ORDER: granting 22 Letter Motion to Adjourn Conference. The status conference is adjourned to September 24, 2019, at 11:00 A.M. SO ORDERED. Status Conference set for 9/24/2019 at 11:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/10/2019) (ama) (Entered: 09/10/2019)

Sept. 10, 2019 PACER

Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 9/24/2019. (anc)

Sept. 24, 2019 PACER
24

NOTICE OF APPEARANCE by Rebecca Pearl Chang on behalf of Terron Belle, William Rios. (Chang, Rebecca) (Entered: 10/10/2019)

Oct. 10, 2019 PACER
25

STATUS REPORT. Third joint status report Document filed by Terron Belle, William Rios.(Joubin, Cyrus) (Entered: 11/01/2019)

Nov. 1, 2019 PACER
26

STATUS REPORT. 4th Joint Status Report Document filed by Terron Belle, William Rios.(Joubin, Cyrus) (Entered: 12/02/2019)

Dec. 2, 2019 PACER
27

MEMO ENDORSEMENT: on re: 26 Status Report filed by William Rios, Terron Belle. ENDORSEMENT: The parties must submit another status report on or before December 9, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/03/2019) (ama) (Entered: 12/03/2019)

Dec. 3, 2019 PACER
28

LETTER MOTION for Extension of Time to File Defendant City of New York writes respectfully pursuant to the Courts December 3, 2019 Order to request an extension of time to file an additional status report until December 13, 2019. addressed to Judge Valerie E. Caproni. Document filed by City Of New York.(Vilella Alonso, Stephanie) (Entered: 12/09/2019)

Dec. 9, 2019 PACER
29

ORDER: granting 28 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/09/2019) (ama) (Entered: 12/10/2019)

Dec. 9, 2019 RECAP
30

LETTER addressed to Judge Valerie E. Caproni re: Fifth Status Report. Document filed by City Of New York.(Vilella Alonso, Stephanie) (Entered: 12/13/2019)

Dec. 13, 2019 PACER
31

MEMO ENDORSEMENT on re: 30 Letter filed by City Of New York. ENDORSEMENT: The parties must continue filing monthly status reports and promptly inform the Court if they reach an impasse during discovery. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/17/2019) (jca) (Entered: 12/17/2019)

Dec. 17, 2019 PACER
32

CONSENT LETTER MOTION for Leave to File Amended Complaint addressed to Judge Valerie E. Caproni from Matthew Handley dated December 30, 2019. Document filed by Terron Belle, William Rios. (Attachments: # 1 Exhibit A, # 2 Exhibit B )proposed Amended Complaint), # 3 Exhibit C (Red-lined Proposed Amended Complaint))(Handley, Matthew) (Entered: 12/30/2019)

Dec. 30, 2019 PACER
33

ORDER: granting 32 Letter Motion for Leave to File Document. Plaintiffs' motion for leave to file an amended complaint as proposed is GRANTED. The amended pleading must be filed on or before January 9, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/02/2020) (ama) (Entered: 01/02/2020)

Jan. 2, 2020 PACER

Set/Reset Deadlines: Amended Pleadings due by 1/9/2020. (ama)

Jan. 2, 2020 PACER
34

STATUS REPORT. Document filed by Terron Belle, William Rios.(Joubin, Cyrus) (Entered: 01/02/2020)

Jan. 2, 2020 PACER
35

AMENDED COMPLAINT amending 1 Complaint against City Of New York, John Doe 1-50 with JURY DEMAND.Document filed by William Rios, Terron Belle, Bonacio Crespi, Jameel Lang, Richmond Appiah, Edison Quito, Luis Rios. Related document: 1 Complaint. (Attachments: # 1 Exhibit (Order Granting Leave to Amend))(Handley, Matthew) (Entered: 01/03/2020)

1 Exhibit (Order Granting Leave to Amend)

View on RECAP

Jan. 3, 2020 RECAP
36

PROPOSED STIPULATION AND ORDER. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios. (Joubin, Cyrus) (Entered: 01/16/2020)

Jan. 16, 2020 PACER
37

STIPULATED AMENDED SCHEDULING ORDER: The parties, by and through their undersigned counsel and pursuant to Local Civil Rule 5.2(b), on this 16th day of January 2020, jointly recite and stipulate as follows: IT IS STIPULATED, subject to court approval, that the pre-trial litigation schedule in this case, is as follows: Deadline for defendants to answer the amended complaint: February 14, 2020. Deadline for completion of fact discovery regarding individual claims of the named plaintiffs: April 30, 2020. Deadline for parties to move for summary judgment regarding individual claims of the named plaintiffs: May 14, 2020. Deadline for completion of class-wide fact discovery: October 14, 2020 or five months after resolution of motions for summary judgment, whichever is later. The parties are reminded that the status conference on May 1, 2020, at 10:00 A.M., remains as scheduled. A joint pre-conference letter is due by April 23, 2020. The parties must continue submitting monthly status reports until the close of discovery. And as set forth herein. IT IS SO ORDERED. Motions due by 5/14/2020. Fact Discovery due by 10/14/2020. (Signed by Judge Valerie E. Caproni on 1/16/2020) (ama) (Entered: 01/16/2020)

Jan. 16, 2020 PACER

Set/Reset Deadlines: City Of New York answer due 2/14/2020; John Doe 1-50 answer due 2/14/2020. (ama)

Jan. 16, 2020 PACER
38

STATUS REPORT. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Joubin, Cyrus) (Entered: 02/03/2020)

Feb. 3, 2020 PACER
39

ANSWER to Complaint with JURY DEMAND. Document filed by City Of New York..(Vilella Alonso, Stephanie) (Entered: 02/14/2020)

Feb. 14, 2020 PACER
40

STATUS REPORT. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Joubin, Cyrus) (Entered: 03/02/2020)

March 2, 2020 PACER
41

PROPOSED SCHEDULING ORDER. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Joubin, Cyrus) (Entered: 03/17/2020)

March 17, 2020 PACER
42

STIPULATED AMENDED SCHEDULING ORDER, IT IS STIPULATED, subject to court approval, that the pre-trial litigation schedule in this case, is as follows: Deadline for completion of fact discovery regarding individual claims of the named plaintiffs July 30, 2020. Deadline for parties to move for summary judgment regarding individual claims of the named plaintiffs August 14, 2020. Deadline for completion of class-wide fact discovery January 14, 2021. IT IS SO ORDERED. (Fact Discovery due by 1/14/2021., Motions due by 8/14/2020.) (Signed by Judge Valerie E. Caproni on 3/18/20) (yv) (Entered: 03/18/2020)

March 18, 2020 PACER
43

STATUS REPORT. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Joubin, Cyrus) (Entered: 04/02/2020)

April 2, 2020 PACER
44

NOTICE OF APPEARANCE by James Lawrence Bernard on behalf of Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Bernard, James) (Entered: 04/03/2020)

April 3, 2020 PACER
45

LETTER MOTION to Stay Defendant City of New York writes respectfully to request that the Court stay the present civil proceeding in its entirety for ninety (90) days in light of the recent developments surrounding the COVID-19 pandemic. addressed to Judge Valerie E. Caproni. Document filed by City Of New York..(Vilella Alonso, Stephanie) (Entered: 04/03/2020)

April 3, 2020 PACER
46

ORDER granting in part 45 Letter Motion to Stay: The case sh all be stayed for 45 days. On or before May 22, 2020, the parties must file a joint update with the Court, indicating whether the stay should be continued and proposing an amended schedule. The May 1 status conference is adjourned pending further order. (Signed by Judge Valerie E. Caproni on 4/6/2020) (jwh) (Entered: 04/06/2020)

April 6, 2020 RECAP

Case Stayed (jwh)

April 6, 2020 PACER
47

NOTICE OF APPEARANCE by David Jonathan Kahne on behalf of Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Kahne, David) (Entered: 04/06/2020)

April 6, 2020 PACER
48

NOTICE OF APPEARANCE by Corey Stoughton on behalf of Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Stoughton, Corey) (Entered: 04/09/2020)

April 9, 2020 PACER
49

STATUS REPORT. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios. (Attachments: # 1 Text of Proposed Order Amended Scheduling Order).(Joubin, Cyrus) (Entered: 05/22/2020)

May 22, 2020 PACER
50

STIPULATED AMENDED SCHEDULING ORDER: IT IS STIPULATED, subject to court approval, that the pre-trial litigation schedule in this case, is as follows: Deadline for completion of fact discovery regarding the individual claims of the individual named plaintiffs: October 14, 2020. Motions due by 10/29/2020. Deadline for completion of class-wide fact discovery by 3/29/2021., IT IS SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/26/2020) (ama) (Entered: 05/26/2020)

May 26, 2020 PACER
51

NOTICE OF APPEARANCE by William Keaupuni Akina on behalf of City Of New York..(Akina, William) (Entered: 06/12/2020)

June 12, 2020 PACER
52

STATUS REPORT. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Joubin, Cyrus) (Entered: 07/01/2020)

July 1, 2020 PACER
53

MEMO ENDORSEMENT: on re: 52 Status Report filed by Luis Rios, Richmond Appiah, William Rios, Edison Quito, Terron Belle, Jameel Lang, Bonacio Crespi. ENDORSEMENT: The parties are reminded that they may jointly request a referral to the assigned magistrate judge for a settlement conference if they believe that a conference would aid the resolution of the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/02/2020) (ama) (Entered: 07/02/2020)

July 2, 2020 PACER
54

TRANSCRIPT of Proceedings re: CONFERENCE held on 9/24/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rose Prater, (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 8/24/2020. Redacted Transcript Deadline set for 9/3/2020. Release of Transcript Restriction set for 11/2/2020..(McGuirk, Kelly) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
55

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/24/2019 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: 08/03/2020)

Aug. 3, 2020 PACER
56

STATUS REPORT. Document filed by Terron Belle..(Chang, Rebecca) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
57

MEMO ENDORSEMENT: on re: 56 Status Report filed by Terron Belle. ENDORSEMENT: The parties are directed to appear for a teleconference at 2:30 P.M. on August 6, 2020, to resolve the Monell discovery dispute. All parties and any interested members of the public must attend by dialing 1-888-363-4749, using the access code 3121171 and the security code 2673. All attendees are advised to mute their phones when not speaking and to self-identify each time they speak. SO ORDERED., ( Telephone Conference set for 8/6/2020 at 02:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/04/2020) (ama) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
58

LETTER addressed to Judge Valerie E. Caproni from W. KeAupuni Akina dated August 5, 2020 re: August 6, 2020 Conference regarding Monell bifurcation. Document filed by City Of New York. (Attachments: # 1 Transcript of 9/24/2019 Conference).(Akina, William) (Entered: 08/05/2020)

Aug. 5, 2020 PACER

Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 8/6/2020. Attorneys Cyrus Joubin, Matthew Handley and Rebecca Chang present for plaintiffs. Attorneys William Akina and Stephanie Villela present for the Defendants. Court Reporter Rose Prater present. (anc)

Aug. 6, 2020 PACER
59

TRANSCRIPT of Proceedings re: CONFERENCE held on 8/6/2020 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rose Prater, (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 9/8/2020. Redacted Transcript Deadline set for 9/17/2020. Release of Transcript Restriction set for 11/16/2020..(McGuirk, Kelly) (Entered: 08/17/2020)

Aug. 17, 2020 PACER
60

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/6/2020 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: 08/17/2020)

Aug. 17, 2020 PACER
61

PROPOSED PROTECTIVE ORDER. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Joubin, Cyrus) (Entered: 08/19/2020)

Aug. 19, 2020 PACER
62

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/19/2020) (nb) (Entered: 08/19/2020)

Aug. 19, 2020 PACER
63

STATUS REPORT. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios. (Attachments: # 1 Text of Proposed Order Amended Scheduling Order).(Joubin, Cyrus) (Entered: 09/02/2020)

Sept. 2, 2020 PACER
64

STIPULATED AMENDED SCHEDULING ORDER: IT IS STIPULATED, subject to court approval, that the pre-trial litigation schedule in this case, is as follows: Deadline for completion of fact discovery regarding the individual claims of the named plaintiffs. January 18, 2021. Deadline for the parties to move for summary judgment with respect to the individual claims of the named plaintiffs February 1, 2021. Deadline for completion of class-wide fact discovery June 29, 2021 or five months after resolution of motions for summary judgment, whichever is later. Deadline for disclosure of plaintiffs' expert reports One month after deadline for completion of class-wide fact discovery. Deadline for disclosure of defendants' expert reports Two months after deadline for completion of class-wide fact discovery. Deadline for completion expert discovery Three months after deadline for completion of class-wide fact discovery. Deadline for filing motion for class certification One month after deadline for completion of expert discovery. The parties are advised that absent extraordinary circumstances, no further extension of fact discovery regarding the individual claims of the named plaintiffs is likely to be granted. IT IS SO ORDERED. Motions due by 2/1/2021. Fact Discovery due by 6/29/2021. (Signed by Judge Valerie E. Caproni on 9/08/2020) (ama) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
65

NOTICE OF APPEARANCE by Molly Griffard on behalf of Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Griffard, Molly) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
66

STATUS REPORT. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Joubin, Cyrus) (Entered: 10/01/2020)

Oct. 1, 2020 RECAP

Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 10/27/2020. Attorneys David Kahne and Molly Griffard present for the plaintiffs. Attorneys Stephanie Vilella and William Akina present for the defendants. Court Reporter Alena Lynch present. (anc)

Oct. 27, 2020 PACER
67

ORDER: IT IS HEREBY ORDERED THAT the parties must meet and confer to try and resolve the dispute. The parties must file a joint letter of no more than three pages, by no later than Friday, October 30, 2020, either informing the Court that the dispute has been resolved, or providing additional detail about the dispute and each side's arguments and proposed remedies. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/27/2020) (ama) (Entered: 10/27/2020)

Oct. 27, 2020 RECAP

Telephone Conference

Oct. 27, 2020 PACER
68

LETTER MOTION for Extension of Time to File Defendants write to request an extension of time, from October 30, 2020, until November 5, 2020, to resolve their discovery dispute with Plaintiffs. addressed to Judge Valerie E. Caproni. Document filed by City Of New York..(Vilella Alonso, Stephanie) (Entered: 10/30/2020)

Oct. 30, 2020 PACER
69

ORDER granting 68 Letter Motion for Extension of Time to File. Application GRANTED. The parties must file a joint letter of no more than three pages, by no later than Thursday, November 5, 2020, either informing the Court that the dispute has been resolved, or providing additional detail about the dispute and each side's arguments and proposed remedies. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 10/30/2020) (ks) (Entered: 10/30/2020)

Oct. 30, 2020 RECAP
70

STATUS REPORT. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Joubin, Cyrus) (Entered: 11/02/2020)

Nov. 2, 2020 PACER
71

TRANSCRIPT of Proceedings re: CONFERENCE held on 10/27/2020 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/23/2020. Redacted Transcript Deadline set for 12/3/2020. Release of Transcript Restriction set for 1/31/2021..(McGuirk, Kelly) (Entered: 11/02/2020)

Nov. 2, 2020 PACER
72

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/27/20 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: 11/02/2020)

Nov. 2, 2020 PACER
73

CONSENT LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Valerie E. Caproni from Cyrus Joubin dated November 4, 2020. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios. (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Exhibit Proposed Second Amended Complaint - red-lined version).(Joubin, Cyrus) (Entered: 11/04/2020)

1 Exhibit Proposed Second Amended Complaint

View on PACER

2 Exhibit Proposed Second Amended Complaint - red-lined version

View on PACER

Nov. 4, 2020 RECAP
74

ORDER: granting 73 Letter Motion for Leave to File Document. Plaintiffs' motion for leave to file an amended complaint as proposed is GRANTED. The amended pleading must be filed on or before Friday, November 13, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/05/2020) (ama) (Entered: 11/05/2020)

Nov. 5, 2020 PACER

Set/Reset Deadlines: Amended Pleadings due by 11/13/2020. (ama)

Nov. 5, 2020 PACER
75

LETTER addressed to Judge Valerie E. Caproni re: Defendant writes on behalf of both parties to inform the Court that they have been unable to resolve the outstanding discovery dispute regarding the confidentiality of police disciplinary records.. Document filed by City Of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Vilella Alonso, Stephanie) (Entered: 11/05/2020)

Nov. 5, 2020 PACER
76

MEMO ENDORSEMENT on re: 75 Letter, filed by City Of New York ENDORSEMENT: The Court hereby orders that the disciplinary records of the three NYPD officers in question must be kept confidential under paragraph 2 of the protective order. See Dkt. 62, 2CC. The Court is inclined to agree that records subject to public disclosure through the FOIL process should not be marked as confidential in federal civil cases. See Pansy v. Borough of Stroudsburg, 23 F.3d 772, 791 (3d Cir. 1994). But in this case, Defendant has represented that the records contain no substantiated allegations of misconduct and whether such records are subject to public disclosure under FOIL is currently being litigated. See Uniformed Fire Officers Assn v. DeBlasio, No. 20-CV-5441 (KPF), 2020 WL 5640063 (S.D.N.Y. Aug. 21, 2020) (appeal pending). Without clear guidance on whether such records must be publicly disclosed following the repeal of CRL ยง 50-a, and given the possibility of prejudice resulting from the publication of unsubstantiated allegations of misconduct, the Court finds that such records must be kept confidential at this time. But this Order is far from a blanket ruling allowing for the designation of all police personnel and disciplinary records as confidential. The Court is unlikely to allow records containing substantiated allegations to be marked as confidential. Additionally, the parties should keep the Court updated about the ongoing Second Circuit litigation on the subject in the parties' monthly status reports. See Dkt. 18. (Signed by Judge Valerie E. Caproni on 11/6/2020) (jwh) (Entered: 11/06/2020)

Nov. 6, 2020 PACER
77

SECOND AMENDED COMPLAINT amending 35 Amended Complaint, against City Of New York, John Doe 1-50, Brian Destefano, Brian Destefano, Daniel Mardjonovic, Daniel Mardjonovic, Steven Barry, Steven Barry with JURY DEMAND.Document filed by Edison Quito, Bonacio Crespi, William Rios, Richmond Appiah, Terron Belle, Luis Rios, Jameel Lang. Related document: 35 Amended Complaint,. (Attachments: # 1 Exhibit Court's leave to file Second Amended Complaint).(Joubin, Cyrus) (Entered: 11/06/2020)

Nov. 6, 2020 PACER
78

REQUEST FOR ISSUANCE OF SUMMONS as to Brian Destefano, re: 77 Amended Complaint,. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Joubin, Cyrus) (Entered: 11/16/2020)

Nov. 16, 2020 PACER
79

REQUEST FOR ISSUANCE OF SUMMONS as to Daniel Mardjonovic, re: 77 Amended Complaint,. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Joubin, Cyrus) (Entered: 11/16/2020)

Nov. 16, 2020 PACER
80

REQUEST FOR ISSUANCE OF SUMMONS as to Steven Barry, re: 77 Amended Complaint,. Document filed by Richmond Appiah, Terron Belle, Bonacio Crespi, Jameel Lang, Edison Quito, Luis Rios, William Rios..(Joubin, Cyrus) (Entered: 11/16/2020)

Nov. 16, 2020 PACER
81

ELECTRONIC SUMMONS ISSUED as to Brian Destefano(individually), Brian Destefano(in his official capacity). (sj) (Entered: 11/18/2020)

Nov. 18, 2020 PACER
82

ELECTRONIC SUMMONS ISSUED as to Steven Barry(in his official capacity), Steven Barry(individually). (sj) (Entered: 11/18/2020)

Nov. 18, 2020 PACER
83

ELECTRONIC SUMMONS ISSUED as to Daniel Mardjonovic(in his official capacity), Daniel Mardjonovic(individually). (sj) (Entered: 11/18/2020)

Nov. 18, 2020 PACER
84

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Steven Barry(in his official capacity) served on 11/18/2020, answer due 12/9/2020; Steven Barry(individually) served on 11/18/2020, answer due 12/9/2020. Service was accepted by Sergeant Murphy. Service was made by Mail. Document filed by Edison Quito; Bonacio Crespi; William Rios; Richmond Appiah; Terron Belle; Luis Rios; Jameel Lang..(Joubin, Cyrus) (Entered: 11/18/2020)

Nov. 18, 2020 PACER
85

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Brian Destefano(individually) served on 11/18/2020, answer due 12/9/2020; Brian Destefano(in his official capacity) served on 11/18/2020, answer due 12/9/2020. Service was accepted by Sergeant Murphy. Service was made by Mail. Document filed by Edison Quito; Bonacio Crespi; William Rios; Richmond Appiah; Terron Belle; Luis Rios; Jameel Lang..(Joubin, Cyrus) (Entered: 11/18/2020)

Nov. 18, 2020 PACER
86

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Daniel Mardjonovic(in his official capacity) served on 11/18/2020, answer due 12/9/2020; Daniel Mardjonovic(individually) served on 11/18/2020, answer due 12/9/2020. Service was accepted by Sergeant Murphy. Service was made by Mail. Document filed by Edison Quito; Bonacio Crespi; William Rios; Richmond Appiah; Terron Belle; Luis Rios; Jameel Lang..(Joubin, Cyrus) (Entered: 11/18/2020)

Nov. 18, 2020 PACER

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Stop-and-Frisk (NY)

Key Dates

Filing Date: March 25, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who were or will be detained for the purpose of running an NYPD records search in the absence of reasonable suspicion to detain such persons

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of New York (New York), City

New York City Police Officers (New York City ), Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

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:

Failure to supervise

Failure to train

Racial profiling

Search policies

Discrimination-basis:

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic