Case: Dinler v. City of New York

1:04-cv-07921 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 7, 2004

Closed Date: April 8, 2014

Clearinghouse coding complete

Case Summary

On October 7, 2004, three private citizens filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the city of New York and the commissioner of the New York City Police department under 42 U.S.C. § 1983. Represented by the New York Civil Liberties Union, the plaintiffs sought declaratory and injunctive relief as well as compensatory damages. The case was assigned to Judge Deborah A. Batts. According to the complaint, the plaintiffs had been peace…

On October 7, 2004, three private citizens filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the city of New York and the commissioner of the New York City Police department under 42 U.S.C. § 1983. Represented by the New York Civil Liberties Union, the plaintiffs sought declaratory and injunctive relief as well as compensatory damages. The case was assigned to Judge Deborah A. Batts.

According to the complaint, the plaintiffs had been peacefully protesting at the Republican National Convention when they were falsely arrested and subsequently had their fingerprints improperly entered into government databases. The plaintiffs argued that their First, Fourth, and Fourteenth Amendment rights had been violated when they were arrested as a result of mass-arrest tactics, when the defendants had detained them after arresting them for minor offenses, and when their fingerprints were improperly entered into government databases. They claimed that it also violated New York state law.

On February 1, 2005, the defendants filed a motion to dismiss.

On February 18, 2005, the plaintiffs filed an amended complaint that only added a stipulation that they had filed notices of claim on November 23, 2004. On September 25, 2004, the case was reassigned to Judge Kenneth M. Karas; on October 14, 2005 the case was referred to Magistrate Judge James C. Francis.

On October 17, 2005, the case was consolidated with Schiller v. City of New York (04-7922) for discovery purposes only.

On November 13, 2006, the plaintiffs filed a second amended complaint that added an inspector of the New York City Police Department as a defendant. 

On October 2, 2007, the case was reassigned to Judge Richard J. Sullivan. 

On December 10, 2007, the plaintiffs filed a third amended complaint. The complaint included additional facts that stipulated that the plaintiffs upon being arrested were denied summons as a result of a policy adopted by the defendants for the Republican National Convention. 

On October 3, 2011, the plaintiffs filed a motion for partial summary judgment. On the same day, the defendants also filed a motion for summary judgment. 

On September 30, 2012, the court ruled on the motions for summary judgment. There were four different requests that the court ruled on.

First, the court granted the plaintiffs’ motion for summary judgment with respect to the Fulton Street arrests and denied the defendants’ motion. The court addressed the mass arrests based on where they took place, thus arrests that took place on Fulton Street were addressed separately from those that occurred on East 16th Street. With respect to the Fulton Street protests, the police lacked probable cause to arrest the plaintiffs based on video evidence that the court reviewed. The court also denied the parties’ cross-motions with respect to the East 16th Street arrests. With regard to the East 16th Street protests, there were still questions of fact that needed to be answered and for this reason denied summary judgment. 

Third, the plaintiffs’ motion regarding the state law fingerprinting claims was granted, and the defendants’ motion was denied. With respect to the plaintiffs’ state law fingerprinting claim, the question at hand was whether the defendants had reasonable grounds to suspect that the plaintiffs’ means of identification were inaccurate. The record reflected that they did not. Therefore, the court granted the plaintiffs’ motion for summary judgment on the issue. 

Lastly, the defendants had argued that the plaintiffs’ First and Fourth Amendment claims should fail because there was no constitutional right to a summons and that it was not unconstitutional to fingerprint an individual's incident to arrest. The court agreed with the defendants, granting the motion in their favor. 2012 WL 4513352. 

On November 5, 2012, the defendants appealed the court’s order. On January 14, 2014, the parties filed a stipulation withdrawing the appeal.

On March 13, 2014, the court was informed that the parties had come to an agreement over a monetary settlement. The plaintiffs were paid $65,000 with $45,000 allocated to the named plaintiff and the other two plaintiffs receiving $10,000 each. The plaintiffs were also awarded $549,995 in attorneys’ fees. 

 On April 8, 2014, the case was dismissed. This case is closed. 

Summary Authors

Rhea Sharma (4/8/2024)

Related Cases

Schiller v. City of New York, Southern District of New York (2004)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4522320/parties/dinler-v-city-of-new-york/

Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Abeysekera, Samantha (New York)

Abt, Uriel Benjamin (New York)

Akina, William Keaupuni (New York)

Anakhu, Joy Tolulope (New York)

Expert/Monitor/Master/Other

-, Christopher Thomas (New York)

Judge(s)

Sullivan, Richard Joseph (New York)

Attorney for Plaintiff

Dunn, Christopher T (New York)

Eisenberg, Arthur Nelson (New York)

Hung, Palyn P. (New York)

Lieberman, Donna (New York)

Mullkoff, Daniel Erik (New York)

Pendergrass, Taylor Scott (New York)

Popowsky, Matthew (New York)

Attorney for Defendant

Abeysekera, Samantha (New York)

Abt, Uriel Benjamin (New York)

Akina, William Keaupuni (New York)

Anakhu, Joy Tolulope (New York)

Anci, Joseph (New York)

Anderson, Robert James (New York)

Aribakan, Suzanne Emily (New York)

Arko, Christopher G. (New York)

Aroubas, Shlomit (New York)

Ashanti, Karl J. (New York)

Auletta, Steven Joseph (New York)

Bahrenburg, Richard (New York)

Balog, Aliza Jordana (New York)

Bardauskis, Elizabeth Barrett (New York)

Barnett, Camille Danielle (New York)

Bartlett, Caroline Firth (New York)

Bauman, Wesley Eugene (New York)

Beath, Patrick Neil (New York)

Beck, Curt Peter (New York)

Bergman, Zachary Russell (New York)

Binder, Robin (New York)

Birnbaum, Brooke Allyson (New York)

Blackman, Duane G. (New York)

Blank, Shira M. (New York)

Blocker, Tanya N (New York)

Bogni, Jason Robert (New York)

Bouriat, Christopher Saleh (New York)

Braun, Daniel Michael (New York)

Brennan, Ave Maria (New York)

Breslow, Stephanie Marie (New York)

Bridge, Matthew (New York)

Brocker, Peter William (New York)

Brooks, Jeffrey Charles (New York)

Brown, Cherie N. (New York)

Brustein, Evan (New York)

Bruzzese, Sheryl Ann (New York)

Budhu, Ryan (New York)

Burleson, Shana Lynn (New York)

Byrns, Katherine Abigail (New York)

Cahill, Kathleen J. (New York)

Calhoun, Martha Anne (New York)

Calistro, Phyllis Gail (New York)

Canfield, Donna Anne (New York)

Carey, Charles Edward (New York)

Carpenter, Megan Burrows (New York)

Castro, Johana Vanessa (New York)

Catalano, Thomas A. (New York)

Cavalieri, Meghan Ann (New York)

Ceriello, Colin M. (New York)

Chen, Caroline Ling-Yu (New York)

Chestnov, Michael (New York)

Cheung, Carla Lyn (New York)

Chiu, Daniel (New York)

Ciappetta, Nicholas Robert (New York)

Clark, Shawn Raymond (New York)

Cohen, Jessica Talia (New York)

Collyer, Adam Edward (New York)

Connelly, Elizabeth Colette (New York)

Conway, Shannon W. (New York)

Conway, Kimberly (New York)

Conway, Susan K. (New York)

Cooke, Brenda Elaine (New York)

Cooper, David Allen (New York)

Correia, Doreen J. (New York)

Corsi, Alexandra (New York)

Coyne, Jennifer Angela (New York)

Coyne, Christopher John (New York)

D'Andrea, Theresa Jeanine (New York)

Dandrige, Danielle M. (New York)

Dantowitz, Jeffrey Scott (New York)

Deatley, Tavish C. (New York)

DeCastro, Maria Fernanda (New York)

Deconinck, Magda M. (New York)

Degori, Elizabeth Carolyn (New York)

DePaul, Philip Rudolph (New York)

Depoian, Carolyn Kay (New York)

Dervin, James Monroe (New York)

Desmond, James Finbar (New York)

Devlin, Austa Starr (New York)

DiSenso, Anthony M. (New York)

Dollin, Elizabeth (New York)

Donahue, Linda (New York)

Dougherty, Jeffrey Anthony (New York)

Dunn-Jones, Felicia (New York)

Edmonds, Elizabeth (New York)

Eichenholtz, Eric Jay (New York)

Eisner, Susan B. (New York)

Ekelman, Felice B. (New York)

Englert, Eviana Linnea (New York)

Evans, Sarah Beth (New York)

Fabian, Shawn (New York)

Faddis, Hannah Victoria (New York)

Farrar, Brian Jeremy (New York)

Farrell, Peter Gerard (New York)

Farrell, Odile Maun (New York)

Ferrari, David (New York)

Fett, Baree Nichole (New York)

Fitzgibbon, Kaitlin Elizabeth (New York)

Fleming, Michael Friel (New York)

Fogarty, Peter John (New York)

Foley, Eamonn F. (New York)

Fraenkel, William Solomon (New York)

Francolla, Brian Christopher (New York)

Frank, Philip S. (New York)

Friedman, Steven A. (New York)

Friedman, Joshua Mathew (New York)

Frommer, Hillary A. (New York)

Fudim, Elissa Paulette (New York)

Garcia, John L (New York)

Garman, Ashley Rebecca (New York)

Gatz, Lara Treinis (New York)

Gertzer, Michael Keith (New York)

Giambrone, Jessica (New York)

Gill, Rippi (New York)

Giovanatti, Neil Anthony (New York)

Gleason, Scot C. (New York)

Goldberg-Cahn, Michelle L. (New York)

Gomez-Sanchez, Daniel Sergio (New York)

Goykadosh, Brachah (New York)

Graziadei, John Hopkins (New York)

Greenfield, Blanche Jayne (New York)

Grey, William A (New York)

Gross, Felicia (New York)

Grossberg, Amy (New York)

Grossman, Heidi (New York)

Gugel, Alison Elaine (New York)

Gutmann, Joseph Aaron (New York)

Haber, Erica Michelle (New York)

Hackworth, Thaddeus Jeremiah (New York)

Hagopian, Caleb Charles (New York)

Halatyn, Susan M. (New York)

Harvis, Gabriel Paul (New York)

Hazan, David M. (New York)

Heer, Christopher Lee (New York)

Helferich, Joanna R. (New York)

Hirschklau, Rebecca Rachel (New York)

Hoey, Thomas M. (New York)

Hoffman, Beth J (New York)

Hopkins, Joseph E. (New York)

Horowitz, Aviva Yocheved (New York)

Horowitz, Jerald (New York)

Horton, James Fredrick (New York)

Hudson, Maurice L. (New York)

Jacob, Agnetha Elizabeth (New York)

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Jacobs, Stuart E. (New York)

Jacobs, Elissa Beth (New York)

Jenerette, Tonya (New York)

Johnson, Paul Hasan (New York)

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Jones, Felicia Dunn (New York)

Joyce, Kimberly (New York)

Jr, Gerald Stephen (New York)

Jr, Ricardo Tapia (New York)

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Kerlin, Norma (New York)

Kim, Phillip C. (New York)

Kim, Jay Young (New York)

Kirkpatrick, Steven Nelson (New York)

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Klein, Brett H. (New York)

Koduru, Jennifer Lilly (New York)

Kogel-Smucker, Sarah A. (New York)

Koster, Jeannette Arlin (New York)

Kovel, David E (New York)

Kranis, Jay Alan (New York)

Krasnow, Elizabeth N. (New York)

Kroll, Jason Aaron (New York)

Krueger, Jenna Lynn (New York)

Kruk, Carolyn Elizabeth (New York)

Kunz, Morgan David (New York)

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Kuruvilla, Ben (New York)

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Larkin, Arthur G (New York)

Lax, Joshua J. (New York)

Leist, Alexis L. (New York)

Lemonedes, James M. (New York)

Levine, Jesse Ira (New York)

Lichterman, Ariel Shaun (New York)

Lipkin, Andrew Gary (New York)

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Loperfido, Jeffrey (New York)

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MacFarlane, Katherine Alice (New York)

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Mahon, Pamela Lynam (New York)

Mansoor, Dustin Peter (New York)

Markos, Dimitrios T. (New York)

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Marquez, Jorge (New York)

Marutollo, Joseph Anthony (New York)

Maxey, Brian Guenther (New York)

May, Daniel Gerard (New York)

Mbabazi, Deborah L. (New York)

McCann, Max Oliver (New York)

McIntosh, Kristen Monet (New York)

McLaren, Joanne M. (New York)

McMahon, Kate Fay (New York)

McNally, Keri Reid (New York)

McQueen, Matthew W (New York)

Melissinos, Nicholas (New York)

Meltzer, Hilary Michele (New York)

Mendez, Ivan A (New York)

Mettham, Suzanna Publicker (New York)

Meyer, Deborah Ilene (New York)

Mindrutiu, Linda Margareta (New York)

Mirabile, Catherine Mary (New York)

Mirro, James (New York)

Modafferi, Matthew J. (New York)

Moe, Alison Gainfort (New York)

Moed, Louise A (New York)

Molfetta, Michele Ann (New York)

Molloy, Anthony Molloy (New York)

Moretti, Barbara (New York)

Morgan, Brian K. (New York)

Moscow, Ann (New York)

Mou, David (New York)

Mouton, Gregory Paul (New York)

Moy, Gary (New York)

Muschenheim, Mark W. (New York)

Myerberg, Andrew Thomas (New York)

Myrvold, Barry K. (New York)

Nacchio, Michael (New York)

Najib, Mona Vivian (New York)

Nam, Rosemari Y. (New York)

Naughton, Kathleen Erin (New York)

Neary, Virginia M. (New York)

Nelson, Genevieve (New York)

Nemetz, Mark John (New York)

Neufeld, Sheryl Rebecca (New York)

Nimick, Virginia Jackson (New York)

Noble, Alexander Macrae (New York)

O'Brien, John Charles (New York)

O'Connor, Andrea Mary (New York)

O'Flynn, Mary Theresa (New York)

Okereke, Amy Nkemka (New York)

Okoh, Okwede N (New York)

Olds, Dara Ain (New York)

Oliner, Daniel H. (New York)

Orsland, Chlarens (New York)

Owen, Andrew Galway (New York)

Passeser, Daniel Louis (New York)

Pasternack, Scott M. (New York)

Patrick, Bradford Collins (New York)

Pejan, Ramin (New York)

Perry, Devor Deland (New York)

Pharaon, Amer S. (New York)

Pierre, Lucienne (New York)

Pollack, David Michael (New York)

Profeta, Lawrence John (New York)

Pullio, Robyn Nicole (New York)

Rabinowitz, Lisa Susan (New York)

Rauchberg, Andrew James (New York)

Renaghan, Sean Robert (New York)

Richards, Camiel S. (New York)

Richardson, Lisa Marie (New York)

Rivera, Suzette Corinne (New York)

Rodriguez, Alberto (New York)

Rosenbaum, Bruce (New York)

Rosencrantz, Caryn A. (New York)

Rosinus, David Alan (New York)

Rossan, Jennifer Amy (New York)

Rowntree, Laura C. (New York)

Rubinstein, Yuval (New York)

Ryan, Erin T. (New York)

Saavedra, Daniel G. (New York)

Saleem, Afsaan (New York)

Sampale, Suvarna S. (New York)

Santiago, Leticia Joy (New York)

Sarpong, Nana Kwame (New York)

Scharfstein, Susan P. (New York)

Schlesinger, Alan Maer (New York)

Schuman, Jennifer Helen (New York)

Scotti, Steven M. (New York)

Seacord, Christopher Aaron (New York)

Seemen, Karen Jayne (New York)

Seligman, Rachel Amy (New York)

Shaffer, Ryan Glenn (New York)

Shammas, Cheryl Leah (New York)

Shoffel, Amanda (New York)

Shtelmakher, Milena (New York)

Shull, Hugh H. (New York)

Siddiqi, Omar Javed (New York)

Singer, Zev Samuel (New York)

Siskind, Shira Rachel (New York)

Sitaras, Basil Constantine (New York)

Smith, Valerie Elizabeth (New York)

Smith, Katherine Elizabeth (New York)

Smith, Kevin James (New York)

Smith, Jordan Michael (New York)

Smith-Williams, Qiana Charmaine (New York)

Snow, Keith M. (New York)

Sohn, Liza Jin (New York)

Soto, Richard (New York)

Speight, Melanie Mary (New York)

Stackhouse, Noreen M. (New York)

Stavridis, Steve (New York)

Stein, Matthew E. (New York)

Steiner, Norman (New York)

Stern, Steven C (New York)

Stitelman, Emily (New York)

Stockman, Benjamin E. (New York)

Stodola, Damion Kenneth (New York)

Stolorow, Adam Michael (New York)

Strikowsky, Bruce Michael (New York)

Sud, Sumit (New York)

Sullivan, Donald Christopher (New York)

Sundaran, Raju (New York)

Swartz, Rhiana L. (New York)

Sweet, Emily (New York)

Telfort, Pernell Michael (New York)

Thadani, Kavin Suresh (New York)

Thomas, Gillian C (New York)

Toews, Mark Galen (New York)

Traverse, Benjamin John (New York)

Vizzo, Ana Maria (New York)

Voigt, Diana Goell (New York)

Wachs, Melissa (New York)

Waldauer, Jonathan Max (New York)

Water, Virginia (New York)

Weall, Katherine Jane (New York)

Weiler, Fred Michael (New York)

Weinblatt, Amy J. (New York)

Weingarten, Richard Keith (New York)

Weir, Matthew Charles (New York)

Weiss, Jed Matthew (New York)

Weiss, Dara Lynn (New York)

Welch, Alicia Hayley (New York)

Weng, Jenny (New York)

Wenzel, Andrew Patrick (New York)

Wertheimer, Joshua Chanan (New York)

Wise, Desiree Adams (New York)

Wolf, Joshua Matthew (New York)

Yi, Gloria Mihee (New York)

York, City of (New York)

Zangrilli, Joseph Peter (New York)

Zgodny, Vicki Becker (New York)

Zimmerman, Tobias Eli (New York)

Zuber, Hugh A. (New York)

Zuckerman, Mark David (New York)

Expert/Monitor/Master/Other

-, Christopher Thomas (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

Document
1

1:04-cv-07921

Complaint

Oct. 7, 2004

Oct. 7, 2004

Complaint
54

1:04-cv-07921

Second Amended Complaint

Nov. 13, 2006

Nov. 13, 2006

Complaint
312

1:04-cv-07921

Opinion and Order

Sept. 30, 2012

Sept. 30, 2012

Order/Opinion

2012 WL 4513352

332

1:04-cv-07921

Stipulation of Settlement and Order of Dismissal

April 18, 2014

April 18, 2014

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4522320/dinler-v-city-of-new-york/

Last updated Dec. 16, 2024, 7:40 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of New York, Raymond Kelly. (Filing Fee $ 150.00, Receipt Number 521867)Document filed by Hacer Dinler, Ann Maurer, Ashley Waters.(gf, ) Additional attachment(s) added on 10/13/2004 (laq, ). (Entered: 10/08/2004)

Oct. 7, 2004

Oct. 7, 2004

RECAP

SUMMONS ISSUED as to City of New York, Raymond Kelly. (gf, )

Oct. 7, 2004

Oct. 7, 2004

PACER

Magistrate Judge Michael H. Dolinger is so designated. (gf, )

Oct. 7, 2004

Oct. 7, 2004

PACER

Case Designated ECF. (gf, )

Oct. 7, 2004

Oct. 7, 2004

PACER
2

AFFIDAVIT OF SERVICE of Summons and Complaint. City of New York served on 10/8/2004, answer due 10/28/2004. Service was accepted by John David, Attorney in Office of Corporation Counsel. Document filed by Hacer Dinler ; Ann Maurer ; Ashley Waters. (Dunn, Christopher) (Entered: 10/20/2004)

Oct. 20, 2004

Oct. 20, 2004

PACER
3

AFFIDAVIT OF SERVICE. City of New York served on 10/8/2004, answer due 10/28/2004. Service was accepted by Madelyn Santana, Docketing Clerk. Document filed by Hacer Dinler ; Ann Maurer ; Ashley Waters. (Dunn, Christopher) (Entered: 10/21/2004)

Oct. 21, 2004

Oct. 21, 2004

PACER
4

AFFIDAVIT OF SERVICE. Raymond Kelly served on 10/8/2004, answer due 10/28/2004. Service was accepted by John David, Attorney. Document filed by Hacer Dinler ; Ann Maurer ; Ashley Waters. (Dunn, Christopher) (Entered: 10/21/2004)

Oct. 21, 2004

Oct. 21, 2004

PACER
5

ENDORSED LETTER addressed to Judge Deborah A. Batts from Mark Zuckerman dated 10/26/04 re: counsel for dfts requests that the time to respond to the complaint be extended until 12/20/04. Granted. (Signed by Judge Deborah A. Batts on 10/26/04) (dle, ) (Entered: 10/27/2004)

Oct. 26, 2004

Oct. 26, 2004

PACER

Set Answer Due Date purs. to 5 Endorsed Letter, as to City of New York answer due on 12/20/2004; Raymond Kelly answer due on 12/20/2004. (dle, )

Oct. 26, 2004

Oct. 26, 2004

PACER
6

NOTICE of Law Student Intern Appearance Form - Jesse Devine. Document filed by Hacer Dinler, Ann Maurer, Ashley Waters. (Dunn, Christopher) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
7

NOTICE of Law Student Intern Appearance Form - Matthew Popowsky. Document filed by Hacer Dinler, Ann Maurer, Ashley Waters. (Dunn, Christopher) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
8

NOTICE of Law Student Intern Appearance Form - Christina Shay. Document filed by Hacer Dinler, Ann Maurer, Ashley Waters. (Dunn, Christopher) (Entered: 11/29/2004)

Nov. 29, 2004

Nov. 29, 2004

PACER
9

ENDORSED LETTER addressed to Judge Deborah A. Batts from Mark Zuckerman dated 12/6/04 re: counsel for dfts City of New York and Police Commissioner request an extension of time for dfts to respond to the complaint in this matter until 45 days after plaintiffs produce signed consents and authorizations to release criminal records. Granted. (Signed by Judge Deborah A. Batts on 12/9/04) (dle, ) (Entered: 12/13/2004)

Dec. 10, 2004

Dec. 10, 2004

PACER
10

ENDORSED LETTER addressed to Judge Deborah A. Batts from Christopher Dunn dated 12/7/04 re: Counsel for plaintiff write to respond to the 12/6/04 letter from Assistant Corporation Counsel Mark Zuckerman and also to address the issue of discovery, a topic not raised by the City. The plaintiffs respectfully request that, regardless of how it rules on the City's request for an extension of time and the confidentiality issue, the court direct the parties to commence discovery. Alternatively, we ask that a Rule 16 conference be set at the Court's earliest convenience. Plaintiff's request for Court to order this is denied on the record currently before the Court. Decision reserved. So Ordered. (Signed by Judge Deborah A. Batts on 12/14/04) (jco, ) (Entered: 12/15/2004)

Dec. 14, 2004

Dec. 14, 2004

PACER
11

NOTICE of Motion to Dismiss. Document filed by City of New York, Raymond Kelly. (Weiss, Jed) (Entered: 01/31/2005)

Jan. 31, 2005

Jan. 31, 2005

PACER
12

MOTION to Dismiss. Document filed by City of New York, Raymond Kelly. Responses due by 2/22/2005 (Weiss, Jed) (Entered: 02/01/2005)

Feb. 1, 2005

Feb. 1, 2005

PACER
13

STATUS REPORT. Letter requesting permission to withdraw motion to dismiss Document filed by City of New York.(Weiss, Jed) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

PACER
14

FIRST AMENDED COMPLAINT against City of New York, Raymond Kelly.Document filed by Hacer Dinler, Ann Maurer, Ashley Waters.(jco, ) Additional attachment(s) added on 2/25/2005 (pl, ). (Entered: 02/23/2005)

Feb. 18, 2005

Feb. 18, 2005

PACER
15

ORDER/Endorsed Letter withdrawing 12 Motion to Dismiss. (Signed by Judge Deborah A. Batts on 3/1/05) (kw, ) (Entered: 03/02/2005)

March 1, 2005

March 1, 2005

PACER
16

ANSWER to Amended Complaint. Document filed by City of New York, Raymond Kelly.(Weiss, Jed) (Entered: 03/22/2005)

March 22, 2005

March 22, 2005

PACER
17

NOTICE of Appearance by Jay Alan Kranis on behalf of City of New York (Kranis, Jay) (Entered: 04/01/2005)

April 1, 2005

April 1, 2005

PACER
18

STATUS REPORT. Letter in response to plaintiff's April 14, 2005 letter Document filed by City of New York.(Kranis, Jay) (Entered: 04/14/2005)

April 14, 2005

April 14, 2005

PACER
19

SCHEDULING ORDER:Dispositve Motions due by 11/30/2005. Discovery due by 10/31/2005. Proposed Pretrial Order et al due by 12/16/2005. 3 day jury trial. (Signed by Judge Deborah A. Batts on 4/15/05) (cd, ) (Entered: 04/20/2005)

April 18, 2005

April 18, 2005

PACER
20

NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Deborah A. Batts no longer assigned to the case. (laq, ) (Entered: 09/28/2005)

Sept. 27, 2005

Sept. 27, 2005

PACER

Mailed notice to the attorney(s) of record. (laq, )

Sept. 28, 2005

Sept. 28, 2005

PACER
21

ORDER ; that all fact discovery due by 1/31/2006. that all expert discovery shall be completed by 3/31/06. (Signed by Judge James C. Francis on 10/3/05) (pl, ) (Entered: 10/04/2005)

Oct. 3, 2005

Oct. 3, 2005

PACER
22

NOTICE of Appearance by James Mirro on behalf of City of New York (Mirro, James) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

PACER
29

AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial. Referred to Magistrate Judge James C. Francis. (Signed by Judge Kenneth M. Karas on 10/12/05) (db, ) (Entered: 03/06/2006)

Oct. 14, 2005

Oct. 14, 2005

PACER
23

ORDER that 04-7921 is hereby consolidated with 04-7922, for discovery purposes (only) as related to the protest activity and arrests during the 2004 Republican Natl Convention and is referred to Mag Judge Francis for discovery. (Signed by Judge Kenneth M. Karas on 10/12/05) (cd, ) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

PACER

CONSOLIDATED MEMBER CASE: Create association to 1:04-cv-07922-KMK-JCF. (db)

Oct. 17, 2005

Oct. 17, 2005

PACER

Minute Entry for proceedings held before Judge James C. Francis : Interim Pretrial Conference held on 1/18/2006. (djc, )

Jan. 18, 2006

Jan. 18, 2006

PACER
24

ORDER: all fact discovery due 5/31/06; all expert discovery due 7/31/06. (Signed by Judge James C. Francis on 1/19/06) Copiews Mailed by Chambers.(db, ) (Entered: 01/20/2006)

Jan. 19, 2006

Jan. 19, 2006

PACER

Set/Reset Deadlines: Discovery due by 5/31/2006. (db, )

Jan. 19, 2006

Jan. 19, 2006

PACER
25

NOTICE OF APPEARANCE by Palyn P. Hung on behalf of Hacer Dinler, Ann Maurer, Ashley Waters (Hung, Palyn) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

PACER
26

NOTICE OF APPEARANCE by Fred Michael Weiler on behalf of City of New York (Weiler, Fred) (Entered: 02/16/2006)

Feb. 16, 2006

Feb. 16, 2006

PACER
27

ENDORSED LETTER addressed to Mag. Judge James C. Francis, IV from Payn Hung dated 2/24/06 re: As discussed in today's conference, dft need not identify the document requests to which documents that are produced correspond, provided that 1) the documents are produced as they are kept in the normal course of business 2) an index of the documents is supplied and 3) the dfts identify the source of the documents (e.g., the identity of the individual from whose file the documents were obtained. (Signed by Judge James C. Francis on 3/1/06) (pl, ) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

PACER
28

LETTER addressed to Mag. Judge Francis from Peter G. Farrell dated 2/28/06 re: response to plaintiffs' letter to Your Honor dated. Document filed by City of New York, Raymond Kelly.(djc, ) (Entered: 03/03/2006)

March 2, 2006

March 2, 2006

PACER
30

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Christopher Dunn dated 4/5/2006 re: Two problems have arisen, however, and I write to inform you of them with the hope we can address them Friday. In doing so, I recongnize the parties agreed at the lastconference that requests to the Court would be made three business days before a conference, but the problems about which I now write have just arisen. ENDORSEMENT: Issues reguarding the purportedly improperly designated of information as confidential shall be persecuted to the Court pursuant to the process laid out in Protectvie Order No. 1. The City Shall respond interrogatories Nos. 22-25, as this will expedite the desposition. (Signed by Judge James C. Francis on 4/7/2006) (jmi, ) Additional attachment(s) added on 4/10/2006 (jmi, ). (Entered: 04/10/2006)

April 7, 2006

April 7, 2006

PACER
31

NOTICE OF APPEARANCE by Fred Michael Weiler on behalf of City of New York, Raymond Kelly (Weiler, Fred) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

PACER
32

ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from James Mirro dated 4/26/06 re: Application GRANTED. The attached Discovery Order # 1 and Protective Order # 1 are to be entered in the cases listed on pages 2 and 3 of said Order. Original filed in 04cv7922, document # 59. (Signed by Judge James C. Francis on 4/27/06) (db, ) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

PACER
33

ENDORSED LETTER addressed to Judge James C. Francis from Peter G. Farrell dated 5/11/06 re: Counsel writes to request a protective order pursuant to F.R.C.P. 26(c) and 45(c)(3) regarding the deposition of non party retired Chief Patrick Devlin. Application denied. Chief Devlin's central role in planning for the handling of arrestees during the Republican National Convention makes him a plainly appropriate witness. The fact that he is retired attenuates the argument that he should be excused from deposition as a high-ranking government official. So Ordered. (Signed by Judge James C. Francis on 5/30/06) (jco, ) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
34

ENDORSED LETTER addressed to Judge James C. Francis from Christopher Dunn dated 6/5/06 re: a request to amend the scheduling order of 1/19/06 to extend the cutoffs for fact discovery to 8/31/2006 and for expert discovery to 10/31/2006. ENDORSEMENT:The scheduled modification proposed above is adopted. SO ORDERED. (Signed by Judge James C. Francis on 6/6/06) (kco, ) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

PACER
35

ORDER;that by 6/19/06, plaintiff's counsel shall identify those documents as to which it objects to dft's designation as confidential; dft's shall move for a protective order with respect to any documents as to which a dispute remains regarding dfts' designation as confidential; by 7/5/06 the parties shall submit answering papers with respect to the motions referred to in paragraphs 2 & 3 of this order; by 7/12/06, the parties shall submit replies with respect to the motions referred to in paragraphs 2 & 3 of this order; additional relief as set forth in this order.. (Signed by Judge James C. Francis on 6/6/06) (pl, ) (Entered: 06/06/2006)

June 6, 2006

June 6, 2006

PACER
36

ENDORSED LETTER: addressed to Magistrate Judge James C. Francis from Palyn Hung dated 6/12/2006 re: plaintiffs move for an order compelling answers to Interrogatory Numbers 18-21 in Schiller v. City of New York and Interrogatory Numbers 15-17 in Dinler v. City of New York. ENDORSEMENT: Based on the representatives in the letter of Fred M. Weiler dated 6/19/2006, defendants are deemed to have no personal knowledge of plaintiffs' actions. This includes any member of the NYPD. On that basis no further response is required of the defendant. So Ordered. (Signed by Magistrate Judge James C. Francis on 6/20/2006) (lb, ) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

PACER
37

ENDORSED LETTER addressed to Judge Francis from Peter Farrell dated 6/22/06: application granted re extension of time to 7/7, 7/17, and 7/24 re briefing schedule. (Signed by Judge James C. Francis on 6/23/06) (cd, ) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER

Minute Entry for proceedings held before Judge James C. Francis : Pretrial Conference held on 7/10/2006 at 11:00 am. (jmi, )

July 10, 2006

July 10, 2006

PACER
38

ENDORSED LETTER addressed to Judge James C. Francis, IV from James Mirro dated 7/11/06 re: Counsel writes to request approval of the briefing scheduled set forth in this letter. Application granted. So Ordered. (Signed by Judge James C. Francis on 7/12/06) (jco, ) (Entered: 07/12/2006)

July 12, 2006

July 12, 2006

PACER
39

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Peter G. Farrell dated 7/26/2006 re: to request (i) approval of a briefing schedule regarding the defedants' motion fora protective order on the deposition of the Police Commissioner, and (ii) a one month extension of discovery to accommodate both that motion practice and fact discovery. Responses due by 8/18/2006. Motions due by 8/11/2006. Replies due by 8/25/2006. Discovery due by 9/30/2006.Finally, we request that the Court extend the cut-off for fact discovery until September 30, 2006, a one month extension to allow for the foregoing motion practice and to permit the parties to conclude fact discovery. As a result, we also request expert discovery to be extended one month to November 30, 2006. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge James C. Francis on 7/27/2006) (jmi, ) (Entered: 07/27/2006)

July 27, 2006

July 27, 2006

PACER
40

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Christopher Dunn dated 8/1/2006 re: to we ask that the Court promptly modify its July 10 sealing order to narrow it to only those parts of July 7 submission the City now seeks to have seald: section H of the letter brief and the attached declarations of John McManus, Laura Blackman, and Curt Beck. (Signed by Judge James C. Francis on 8/2/2006) (jmi, ) (Entered: 08/02/2006)

Aug. 2, 2006

Aug. 2, 2006

PACER
41

MEMORANDUM AND ORDER; the defendants' motion is granted, and the plaintiffs are barred from deposing Commissioner Kelly. The Commissioner may not, however, submit any affidavit in connection with a dispositive motion or testify at trial. (Signed by Judge James C. Francis on 9/20/06) (kco, ) (Entered: 09/21/2006)

Sept. 20, 2006

Sept. 20, 2006

PACER
42

LETTER addressed to Magistrate Judge James C. Francis from Peter Farrell dated 8/11/06 re: dfts request a protective order. Document filed by City of New York, Raymond Kelly.(dle, ) (Entered: 09/25/2006)

Sept. 21, 2006

Sept. 21, 2006

PACER
43

LETTER addressed to Magistrate Judge James C. Francis from Christopher Dunn dated 8/18/06 re: response to City's request for protective order. Document filed by Hacer Dinler, Ann Maurer, Ashley Waters.(dle, ) Modified on 9/25/2006 (dle, ). (Entered: 09/25/2006)

Sept. 21, 2006

Sept. 21, 2006

PACER
44

DECLARATION of Christopher Dunn. Document filed by Hacer Dinler, Ann Maurer, Ashley Waters. (dle, ) Modified on 9/25/2006 (dle, ). (Entered: 09/25/2006)

Sept. 21, 2006

Sept. 21, 2006

PACER

LETTER addressed to Magistrate Judge James C. Francis from Peter Farrell dated 8/25/06 re: dfts write in further support of request for protective order. Document filed by City of New York, Raymond Kelly, Terence Monahan.(dle, ) Original document filed in case #04cv7922, document #79.

Sept. 21, 2006

Sept. 21, 2006

PACER

LETTER addressed to Magistrate Judge James C. Francis from Fred Weiler dated 9/5/06 re: development re: request for protective order. Document filed by Hacer Dinler, Ann Maurer, Ashley Waters.(dle, ) Modified on 9/25/2006 (dle, ). Original document filed in case #04cv7922, document #80.

Sept. 21, 2006

Sept. 21, 2006

PACER

LETTER addressed to Magistrate Judge James C. Francis from Peter Farrell dated 9/5/06 re: response to NYCLU' s letter of 9/5/06. Document filed by City of New York, Raymond Kelly.Original document filed in case #04cv7922, document#81.(dle, )

Sept. 21, 2006

Sept. 21, 2006

PACER

LETTER addressed to Magistrate Judge James C. Francis from Christopher Dunn dated 9/6/06 re: response to Mr. Farrell's letter. Document filed by Hacer Dinler, Ann Maurer, Ashley Waters. Original document filed in case #04cv7922, document #82.(dle, )

Sept. 21, 2006

Sept. 21, 2006

PACER

LETTER addressed to Magistrate Judge James C. Francis from Jeffrey A. Rothman dated 8/24/06 re: join in NYCLU's 8/18/06 opposition to dfts' motion for protective order. (dle, ) Original document filed in case #04cv7922, document #84.

Sept. 21, 2006

Sept. 21, 2006

PACER
45

ENDORSED LETTER addressed to Mag. Judge Francis from Christopher Dunn dated 9/29/06 re: counsel writes to jointly request that Your Honor extend to October 31, 2006 the deadline for the completion of fact discovery in these cases. Application granted.. (Signed by Judge James C. Francis on 10/2/06) (djc, ) (Entered: 10/03/2006)

Oct. 3, 2006

Oct. 3, 2006

PACER

Set Deadlines/Hearings: Fact Discovery due by 10/31/2006. (djc, )

Oct. 3, 2006

Oct. 3, 2006

PACER
46

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Christopher Dunn dated 10/5/2006 re: to we proposed the following schedule pertaining to the motion already filed by the City on July 7,2006.Responses due by 10/27/2006 Replies due by 11/17/2006. (Signed by Judge James C. Francis on 10/10/2006) (jmi, ) (Entered: 10/11/2006)

Oct. 10, 2006

Oct. 10, 2006

PACER
47

ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Christopher Dunn dated 10/13/2006 re: The plaintiff request that the Court order the City to publicly file its 7/7/2006 letter brief and accompanying declarations with the redactions proposed by the City except for the first 2 sentences of the second paragraph on page 14 of the letter brief and the language in paragraphs 6-8 of the declaration of Laura Blackman, which may not be redacted. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge James C. Francis on 10/23/2006) (lb, ) (Entered: 10/25/2006)

Oct. 24, 2006

Oct. 24, 2006

PACER
48

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Magistrate Judge James C. Francis on 10/20/2006) (lb, ) (Entered: 10/25/2006)

Oct. 24, 2006

Oct. 24, 2006

PACER
49

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Protective Order (LETTER). Document filed by City of New York, Raymond Kelly. (Attachments: # 1 Exhibit A-F# 2 Exhibit G-K)(Mirro, James) Modified on 10/30/2006 (kg). (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney James Mirro to MANUALLY RE-FILE Document No. 49 Letter. This document is not filed via ECF. (kg)

Oct. 30, 2006

Oct. 30, 2006

PACER
50

ENDORSED LETTER addressed to Judge James C. Francis from Christopher Dunn dated 10/24/2006 re: a request that the Court produce responsive e-mail discovery from the Mayor's office by 11/10/2006 as discussed in the conference held on 10/24/2006. ENDORSEMENT: SO ORDERED. (Signed by Judge James C. Francis on 10/27/06) (kco, ) (Entered: 10/30/2006)

Oct. 30, 2006

Oct. 30, 2006

PACER
51

ENDORSED LETTER addressed to Judge James C. Francis from Christopher Dunn dated 11/3/06 re: a request on behalf of the plaintiffs and defendants to extend fact discovery until 12/15/2006. ENORSEMENT: Application granted. SO ORDERED. (Signed by Judge James C. Francis on 11/7/06) (kco, ) (Entered: 11/07/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER

Set Deadlines: Fact Discovery due by 12/15/2006. (kco, )

Nov. 7, 2006

Nov. 7, 2006

PACER
53

DISCOVERY ORDER #2: It is hereby ordered as follows: counsel for any party seeking to take a deposition may serve a notice on counsel for the party to be deposed at any time in advance of the deadline for doing so as set forth in the case management order governing each individual action. All other rulings as set forth in this order. (Signed by Magistrate Judge James C. Francis on 11/13/2006) Copies Mailed By Chambers(lb, ) (Entered: 11/17/2006)

Nov. 13, 2006

Nov. 13, 2006

PACER
54

SECOND AMENDED COMPLAINT amending 14 Amended Complaint against James Essig(New York City Police Department), City of New York, Raymond Kelly, James Essig, City of New York, Raymond Kelly.Document filed by Hacer Dinler, Ashley Waters. Related document: 14 Amended Complaint filed by Hacer Dinler, Ann Maurer, Ashley Waters.(jco, ) (Entered: 11/20/2006)

Nov. 13, 2006

Nov. 13, 2006

RECAP
52

STIPULATION AND ORDER that plaintiffs may file a second amended complaint in this action adding federal law claims against Inspector James Essig of the New York City Police Department in his official and individual capacity. (Signed by Judge Kenneth M. Karas on 11/15/06) (dle, ) (Entered: 11/17/2006)

Nov. 16, 2006

Nov. 16, 2006

PACER
55

SUMMONS RETURNED EXECUTED. James Essig(New York City Police Department) served on 11/21/2006, answer due 12/11/2006. Service was accepted by AGENT authorized to accept service. Document filed by Hacer Dinler. (Hung, Palyn) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER
56

ENDORSED LETTER addressed to Mag. Judge James C. Francis from James Mirro dated 11/29/06 re: that granting dfts requests for an extension by one week to 12/8/06 for the submission of dft's reply in further support of their protective order motion. (Signed by Judge James C. Francis on 11/30/06) (pl, ) Additional attachment(s) added on 12/1/2006 (pl, ). (Entered: 12/01/2006)

Nov. 30, 2006

Nov. 30, 2006

PACER
57

ENDORSED LETTER addressed to Judge James C. Francis from Christopher Dunn dated 11/28/06 re: issues to be discussed at the status conference. ENDORSEMENT: As discussed in today's conference, defendants have no additional responsive information, and the weight and admissability of Chief Esposito's testimony shall be decided at the appropriate time. SO ORDERED. (Signed by Judge James C. Francis on 12/1/2006) (kco, ) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

PACER
58

MEMORANDUM AND ORDER; that cases 04cv7922, 04cv7921 and 05cv8453 concern the arrests of persons protesting inconnection with the Republican National Convention (the "RNC") in2004. The Schiller and Abdell cases arise from arrests near the World Trade Center site on August 31, 2004 during a march organized by the War Resisters League (the "WRL"). The defendants hereinafter "the City") have moved pursuant to Rule 45(2)(c)(2)(B)of the Federal Rules of Civil Procedure to require the WRL andFrida Berrigan, both non-parties to the litigation, to produce documents responsive to a subpoena issued on September 28, 2005.The City has also moved pursuant to Rule 37(a)(2)(A) to compel the Abdell plaintiffs to produce related documents. Finally, the City has moved to compel Ed Hedemann, who is a plaintiff in Abdell, to provide the City with releases so that the City may obtain documents related to his arrests on occasions unrelated to the RNC.For the reasons described below, the City's motions to compelproduction are denied in part and granted in part, and the City's motion to compel Mr. Hedemann to execute the requested releases is granted. (Signed by Judge James C. Francis on 12/7/06) (pl, ) (Entered: 12/08/2006)

Dec. 7, 2006

Dec. 7, 2006

RECAP
59

ENDORSED LETTER addressed to Mag. Judge James c. Francis IV from James Mirro dated 11/29/06 re: granting Dfts requests for a brief extension of the deadline to submit their reply in further support of their protective order motion. (Signed by Judge James C. Francis on s) (pl, ) (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

PACER
60

ANSWER to Amended Complaint., ANSWER to Complaint. Document filed by City of New York, Raymond Kelly, James Essig(New York City Police Department), James Essig. Related document: 14 Amended Complaint filed by Hacer Dinler,, Ann Maurer,, Ashley Waters,, 1 Complaint filed by Hacer Dinler,, Ann Maurer,, Ashley Waters,, 54 Amended Complaint, filed by Hacer Dinler,, Ashley Waters,.(Weiler, Fred) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

PACER
61

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from James Mirro dated 12/18/2006 re: to briefly to oppose plaintiffs' and the New York Times' request for further breifing on defendant's confidentiality motion. ENDORSEMENT: No further Breifing is necessary.. (Signed by Judge James C. Francis on 12/19/2006) (jmi, ) (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

PACER
62

MOTION to Correct Judgment re: 58 Order,,,,. Document filed by City of New York, Raymond Kelly, James Essig(New York City Police Department), James Essig. (Weiler, Fred) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

PACER
63

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Vera M. Scanlon dated 12/28/2006 re: we propose the following schedule: WRL/Berrigan/Hedemann opposition to be served 1/19/2007; and defendants' reply to be served by 2/9/2007. ENDORSEMENT: The briefing schedule for defendants' appeal as discussed herein is approved. (Signed by Judge Kenneth M. Karas on 1/3/2007) (lb, ) (Entered: 01/09/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER
64

FIRST MEMORANDUM OF LAW in Opposition re: 62 MOTION to Correct Judgment re: 58 Order,,,,.. Document filed by War Resisters League, Frida Berrigan. (Attachments: # 1 Exhibit 1--Berrigan Affidavit# 2 Exhibit 2-McReynolds Affidavit# 3 Exhibit 3-Hedemann Declaration)(Scanlon, Vera) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

PACER
65

MEMORANDUM AND ORDER; that for the reasons stated in this Order, the City's motion to maintain the confidentiality of the disputed documents is denied. Before releasing any of the documents, however, the plaintiffs shall redact them as discussed in this Order. The Times motion to modify the Protective Order is also denied. (Signed by Judge James C. Francis on 1/19/07) (pl) (Entered: 01/22/2007)

Jan. 19, 2007

Jan. 19, 2007

RECAP
67

LETTER addressed to Mag. Judge Francis from James Mirro dated 12/18/06 re: counsel writes briefly to oppose plaintiffs' and the NY Times' requests for further briefing on defendants confidentiality motion. Document filed by City of New York, Raymond Kelly, James Essig (New York City Police Department).(djc) (Entered: 02/02/2007)

Jan. 24, 2007

Jan. 24, 2007

PACER
66

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Christopher Dunn dated 1/26/07 re: Application GRANTING extension of one week to the first three deadlines on the 1/12/07 order. Original filed in 04cv7922 (KMK)(JCF), document # 143. (Signed by Judge James C. Francis on 1/29/07) (db) (Entered: 01/30/2007)

Jan. 29, 2007

Jan. 29, 2007

PACER
68

MOTION to Set Aside Judgment, Rule 72 Reply Memorandum of Law. Document filed by City of New York, Raymond Kelly, James Essig(New York City Police Department).(Weiler, Fred) (Entered: 02/09/2007)

Feb. 9, 2007

Feb. 9, 2007

PACER
69

REPLY MEMORANDUM OF LAW in Support re: 62 MOTION to Correct Judgment re: 58 Order,,,,.. Document filed by City of New York, Raymond Kelly, James Essig(New York City Police Department), James Essig. (Weiler, Fred) (Entered: 02/14/2007)

Feb. 14, 2007

Feb. 14, 2007

PACER

SUPPLEMENTAL DECLARATION of Christopher Dunn. Original filed in case 04cv7922, doc #178 (jco)

March 2, 2007

March 2, 2007

PACER
77

LETTER addressed to Judge James C. Francis from Christopher Dunn dated 3/2/07 re: to request that the Court reject the defts. effort to designate as confidential approx. 600 pages of documents served by the City on 1/19/07. Document filed by Hacer Dinler, Ann Maurer, Ashley Waters.(tro) (Entered: 05/07/2007)

March 6, 2007

March 6, 2007

PACER
70

ENDORSED LETTER addressed to Judge Francis from Peter Farrell dated 3/5/07 re request by the defts for immediate relief due to plntfs' disclosure of information protected under confidentiality provisions: appliation denied. The general reference to the content of the confidential documents reveal nothing of substane and are necessary to provide the court with a basis for decision making. To be sure, in some circumstances, the very subject of a communication might be sensitive (eg the existance of Israel's nuclear capability). This is not such a situation. (Signed by Judge James C. Francis on 3/12/07) (cd) (Entered: 03/13/2007)

March 12, 2007

March 12, 2007

PACER
71

MEMORANDUM AND ORDER that plntfs' motion for discovery sanctions is granted in part. Deputy Comm Cohen will not be precluded from providing evidence on summary jdugment or at trial, and the defts will not be foreclosed from relying on the Intelligence Documents, and as further set forth in this document. (Signed by Judge James C. Francis on 3/12/07) copies sent by chambers.(cd) (Entered: 03/13/2007)

March 12, 2007

March 12, 2007

PACER

Minute Entry for proceedings held before Judge James C. Francis : Interim Pretrial Conference held on 3/16/2007. (djc)

March 16, 2007

March 16, 2007

PACER
76

LETTER addressed to Judge James C. Francis from Peter G. Farrell dated 3/23/07 re: to Christopher Dunn's (NYCLU) and the New York Times (The Times) letters to the Court dated 3/2/07. Document filed by City of New York, James Essig, Raymond Kelly, War Resisters League, Frida Berrigan (Entered: 05/07/2007)

March 26, 2007

March 26, 2007

PACER
72

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Peter G. Farrell dated 3/26/07 re: for reasons set forth on the record at todays conference, the City's Motion is DENIED. Original filed in 04cv7922 (KMK)(JCF), document # 180. (Signed by Judge James C. Francis on 3/27/07) (db) (Entered: 03/28/2007)

March 27, 2007

March 27, 2007

PACER
73

ORDER: by 4/7/07, defts shall serve any objections to plntfs' document requests re intelligence documents; Motions to compel due by 4/12/2007.,Responses due by 4/30/2007,Replies due by 5/4/2007; by 4/20/07, defts shall file any motion for relief re the publication of information from confidential intelligence documents, and as further set forth in this document. (Signed by Judge James C. Francis on 4/3/07) copies sent by chambers.(cd) (Entered: 04/04/2007)

April 3, 2007

April 3, 2007

PACER
75

LETTER addressed to Judge James C. Francis from Christopher Dunn dated 4/9/07 re: to Defts. 3/23/07 opposition to pltff's 3/2/07 motion challenging the confidentialitydesignation the City has applied to all of approximately 600 pagesa of intelligience documents.. Document filed by Hacer Dinler, Ann Maurer, Ashley Waters.(tro) (Entered: 05/07/2007)

April 10, 2007

April 10, 2007

PACER
78

DECLARATION of Christopher Dunn in conjunction with the pltff's challenge to the City's confidentiality designation of the intelligience documents produced by the City on 1/19/07. Received by the Chambers of the Hon. James C. Francis on 4/10/07. Document filed by Hacer Dinler, Ann Maurer, Ashley Waters. (tro) (Entered: 05/07/2007)

April 10, 2007

April 10, 2007

PACER

Minute Entry for proceedings held before Judge James C. Francis: Pretrial Conference held on 4/27/2007. (jco)

April 27, 2007

April 27, 2007

PACER
74

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Peter Farrell dated 4/25/07 re: counsel for dfts request that the court permit the dfts to brief the first three issues on the current schedule and reserve the issue of the law enforcement privilege for subsequent briefing if necessary or in the alternative that the time to file dfts' opposition be extended six weeks. As discussed at the conference on 4/27/07. The City shall conform to the current schedule for addressing overbreadth, undue burden, and relevance. Upon deciding those issues, I will set a schedule, for addressing the law enforcement privilege. The City shall not however delay its preparations to address that issue. (Signed by Judge James C. Francis on 4/30/07) (dle) (Entered: 05/01/2007)

April 30, 2007

April 30, 2007

PACER
79

MEMORANDUM & ORDER: for reasons further set forth in said Order, the motion to remove the confidentiality designations from the Intelligence Documents is GRANTED. Original filed in 04cv7921 (KMK), document # 204. (Signed by Judge James C. Francis on 5/4/07) Copies Mailed by Chambers.(db) (Entered: 05/07/2007)

May 4, 2007

May 4, 2007

PACER
80

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Peter G. Farrell dated 5/4/07 re: Application GRANTED. I not however, that the decision issued today is no way based on Mr. Dunn's 5/3/07 letter. The City is still free to respond to that letter in connection with its application for sanctions in connection with the disclosure of (then) confidential documents. (Signed by Judge James C. Francis on 5/4/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(db) (Entered: 05/07/2007)

May 4, 2007

May 4, 2007

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: Oct. 7, 2004

Closing Date: April 8, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several private citizens of New York arrested during a protest against the Republican National Convention.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York (New York), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Amount Defendant Pays: $614,995.00

Issues

Policing:

False arrest