Case: Dinler v. City of New York

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)

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)

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)

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)

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)

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

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

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

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)

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)

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

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

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

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)

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

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

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

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)

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)

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

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)

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

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)

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)

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)

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

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

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from James Mirro dated 5/1/07 re: Application GRANTED. In addition, Ms. McNamara shall appear for deposition on 5/17/07. The delay in producing her treatment records does not warrant sanctions; defendants' cancellation of her previously scheduled deposition is not a waiver of their right to depose her. the deponents shall bring the clothing and footwear worn when they were arrested, regardless of its current condition. (Signed by Judge James C. Francis on 5/3/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al.(db) (Entered: 05/07/2007)

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Peter Farrell dated 5/15/07 re: counsel for dfts advise the court that dfts will not seek an appeal of the court's order dated 5/4/07 and the court's stay of that order is no longer necessary. The stay is lifted. So Ordered. (Signed by Judge James C. Francis on 5/16/07) (dle) (Entered: 05/17/2007)

ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Liora Jacobi dated 5/15/07 re: counsel for dfts request that any disclosure and use of the documents set forth herein be subject to an "attorneys eyes only" protective order. application granted without prejudice to any future challenge to the designation. (Signed by Judge James C. Francis on 5/16/07) (dle) (Entered: 05/17/2007)

MEMORANDUM AND ORDER: the information obtained by the NYCLU through questionnaires distributed to RNC protestors is not immune from discovery by virtue of either the attorney-client privilege or the journalist's privilege. The City Motion to compel production of the information is therefore GRANTED, and the NYCLU shall produce forthwith the information identified in the City's subpoena. (Signed by Judge James C. Francis on 5/23/07) Copies Mailed by Chambers.Filed In Associated Cases: 1:04-cv-07922-KMK-JCF, 1:04-cv-07921-KMK-JCF(db) (Entered: 05/24/2007)

LETTER addressed to Mag. Judge James C. Francis IV from Curt P. Beck dated 1/26/07 re: counsel writes to request an order purs to FRCP 45(c)(2)(B) compelling the NYCLU to produce approximately 280 documents which NYCLU has withheld solely on the basis of the attorney-client privilege.. Document filed by City of New York, Raymond Kelly, James Essig(New York City Police Department), James Essig.(djc) (Entered: 05/30/2007)

LETTER addressed to Mag. Judge Francis from Curt P. Beck dated 3/20/07 re: on behalf of defendants, counsel writes to reply to the opposition of the New York Civil Liberties union to defendants' January 26, 2007 motion to compel NYCLU to produce approximately 280 documents which NYCLU has withheld solely on the basis of the attorney-client privilege.. Document filed by City of New York, Raymond Kelly, James Essig(New York City Police Department).(djc) (Entered: 05/30/2007)

LETTER addressed to Mag Judge Francis from Curt P. Beck dated 3.22.07 re: counsel writes with respect to defendants motion to compel NYCLU to produce documents in response to a Subpoena, dated November 8, 2006.. Document filed by City of New York, Raymond Kelly, James Essig.(djc) (Entered: 05/30/2007)

LETTER addressed to Mag. Judge Francis from Helene M. Freeman dated 3/29/07 re: counsel replies to the City's argument that the first Amendment privilege protecting confidential sources and unpublished material was waived, is inapplicable or has been overcome by the City's ostensible "need" for the documents. document filed by NYCLU(djc) Modified on 5/30/2007 (Clark, Dolores). (Entered: 05/30/2007)

LETTER addressed to Mag. Judge Francis from Curt P. Beck dated 4/6/07 re: counsel writes to reply briefly to the Sur-Reply submitted by the New York Civil Lliberties Union, daed March 29, 2007, regarding defendants' Jan. 26, 2007 motion to compel NYCLU to produce approximately 280 documents that are responsive to a subpoena, dated November 8, 2006. Document filed by City of New York, Raymond Kelly, James Essig(New York City Police Department).(djc) (Entered: 05/30/2007)

ENDORSED LETTER addressed to Judge Francis from Gerald Smith dated 5/23/07 re deft request for additional time so that the Commissioner and defts may properly blance the time needed for this document review: application denied. Defts were on notice of the need to continue preparing their response on the law enforcement privilege while the other issues were being decided. (Signed by Judge James C. Francis on 5/24/07) (cd) (Entered: 05/25/2007)

MEMORANDUM AND ORDER re letters concerning disputes over the depositions of David Norcorss and William Harris: defts' request that the depositions of Mr. Norcorss and Mr. Harris be conducted at the deponents' respective places of business is denied, and as further set forth in this document. (Signed by Judge James C. Francis on 5/25/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al. copies sent by chambers.(cd) (Entered: 05/30/2007)

ENDORSED LETTER addressed to Judge Karas from Michael Cardozo dated 5/29/07 re deft request that the Court overrule the decision of Mag Judge Francis denying the City an additional two week enlargement for submission of the second stage of a motion concerning intelligencce documents: deft NYC is given one more week to complete its submission relating to the second phase of the intelligence documents. (Signed by Judge Kenneth M. Karas on 5/29/07) (cd). (Entered: 05/31/2007)

ENDORSED LETTER addressed to Judge Karas from Gerald Smith dated 5/29/07 re deft request for a two week extension for defts to brief the applicability of the law enforcement privilege over the Intelligence documents and that defts' time to appeal Mag Francis' 5/22 decison be tolled: defts' time to appeal Mag Judge Francis's 5/22 order re the relevance of certain Intelligence documents is stayed until Mag Judge Francis rules on the law enforcement privilege asserted by defts. (Signed by Judge Kenneth M. Karas on 5/29/07) (cd). (Entered: 05/31/2007)

MEMORANDUM AND ORDER that the requested order by defts directing each plntfs' attorney to provide a sworn affidavit attesting that he or she did not violate the protective order is denied without prejudice to renewal when and if the conditions set forth above are met. (Signed by Judge James C. Francis on 6/5/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF, 1:04-cv-07921-KMK-JCF copies sent by chambers.(cd) (Entered: 06/06/2007)

ENDORSED LETTER addressed to Judge Francis from Curt Beck dated 6/12/07 re request to set briefing schedule for NYCLU motion for reconsideration of 5/23/07 decision in Schiller et al v City of NY et al: application granted. Set Deadlines/Hearing as to Responses due by 6/15/2007,Replies due by 6/22/2007. (Signed by Judge James C. Francis on 6/12/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF, 1:04-cv-07921-KMK-JCF(cd) (Entered: 06/14/2007)

ORDER: Counsel in the consolidated RNC cases having failed to cooperate in the scheduling of depositions as anticipated by Discovery Order #2, it is hereby ordered as follows: The defense witnesses scheduled to be deposed on dates on or after June 19, 2007 as set forth in the letters of Jeffrey A. Rothman dated May 14, 2007, Michael L. Spiegel dated May 23, 2007, and Jonathan Moore and Clare Norins dated June 7, 2007 shall appear on the dates indicated in those letters. Counsel shall have until June 29, 2007 to agree on specific deposition dates for any other defense witnesses identified by then and for all plaintiffs. the agreed upon dates shall not extend beyond November 16, 2007. After June 29, 2007, no additional fact witnesses shall be noticed for deposition absent: (a) agreement of the parties or (b) a showing that the witness could not reasonably have been identified prior to that date. On July 2, 2007, counsel for each party noticing depositions shall provide a letter to the Court listing all dates agreed upon pursuant to paragraph 2 of this order, which letters shall be "So Ordered." On July 2, 2007, counsel for each party noticing depositions shall also provide a separate letter identifying all witnesses for whom no date has been agreed upon. i will then schedule all such depositions. That schedule shall, by necessity, be arbitrary and inflexible. Following the pretrial conference scheduled for June 29, 2007, counsel may utilize my Courtroom to discuss the master deposition schedule among themselves. This order applies to all RNC cases consolidated for discovery. So Ordered. (Signed by Judge James C. Francis on 6/15/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF, 1:04-cv-09216-KMK-JCF, 1:05-cv-07623-KMK-JCF Copies Mailed By Chambers (js) (Entered: 06/15/2007)

ORDER that defense witnesses scheduled to be deposed on dates on or after 6/19/07...shal appear on the dates indicated in those letters. Counsel shall have until 6/29/07 to agree on specific deposition dates for any other defense witnesses identified by then and for all plaintiffs. The agreed upon dates shall not extend beyond 11/16/07, and as further set forth in this document. (Signed by Judge James C. Francis on 6/15/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF et al. copies sent by chambers.(cd) (Entered: 06/18/2007)

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Peter G. Farrell dated 6/15/07 re: Counsel writes to request that defendants' time to appeal the June 5 Order be stayed until Magistrate Judge Francis rules on the pending motion regarding law enforcement privilege asserted by defendants over certain intelligence documents. GRANTED. So Ordered. (jco) Modified on 6/22/2007 (KA). (Entered: 06/21/2007)

ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Peter G. Farrell dated 6/20/07 re: defendants' application regarding in camera review. } Defendants application to submit for in camera review a smaller subset of the documents that they originally culled in response to plaintiff's request and in response to my 5/18/07 Order regarding relevance is DENIED. The apparent application for a stay of this direction to provide the documents for in camera review is DENIED as frivolous. The defendants' request that any document found not to be privileged not be disclosed to anyone pending an appeal of that decision is GRANTED. (Signed by Judge James C. Francis on 6/20/07) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF, 1:04-cv-07921-KMK-JCF(db) (Entered: 06/22/2007)

ENDORSED LETTER addressed to Judge Kenneth M. Karas from Peter G. Farrell dated 6/25/2007 re: Defendants write to respectfully request a stay of Magistrate Judge Francis' denial of Defendants' request for a stay of his order compelling the production of certain intelligence documents for in camera inspection. ENDORSEMENT: The Court will not stay Judge Francis's order requiring the in camera inspection of the Materials discussed in his May 18, 2007 order, but it will stay the time to appeal that order until all the issues related to the production required therein are consolidated. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/25/2007) Filed In Associated Cases: 1:04-cv-07922-KMK-JCF, 1:04-cv-07921-KMK-JCF(jmi) (Entered: 07/03/2007)