Case: Edrei v. Bratton

Edrei v. The City of New York

Edrei v. The City of New York

Edrei v. City of New York

Edrei v. City of New York

Edrei v. Maguire

U. S. Court of Appeals for the Second Circuit

Edrei v. City of New York

Edrei v. The City of New York

Elena Cohen

Elena Cohen

COMPLAINT against William Bratton, John Doe #2, "John Doe #1" Maguire, City New York. (Filing Fee $ 400.00, Receipt Number 0208-12027995)Document filed by Keegan Stephan, Shay Horse, James Craven, Michael Nusbaum, Anika Edrei. (Attachments: # 1 Exhibit A - NYPD Disorder Control Unit 2010 Briefing on Long Range Acoustic Devices, # 2 Exhibit B - Letter to Defendant NYPD Commissioner William Bratton re: LRADs and December 4-5, 2014)(Oliver, Gideon) (Entered: 03/03/2016)

1 Exhibit A - NYPD Disorder Control Unit 2010 Briefing on Long Range Acoustic Devi

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2 Exhibit B - Letter to Defendant NYPD Commissioner William Bratton re: LRADs and

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CIVIL COVER SHEET filed. (Oliver, Gideon) (Entered: 03/03/2016)

REQUEST FOR ISSUANCE OF SUMMONS as to CITY OF NEW YORK, re: 1 Complaint,. Document filed by James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) (Entered: 03/03/2016)

REQUEST FOR ISSUANCE OF SUMMONS as to NYPD COMMISSIONER WILLIAM BRATTON, re: 1 Complaint,. Document filed by James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) (Entered: 03/03/2016)

NOTICE OF APPEARANCE by Elena Louisa Cohen on behalf of James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Cohen, Elena) (Entered: 03/03/2016)

NOTICE OF PARTICIPATION IN LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN): Unless otherwise ordered, this case shall participate in the Southern District of New York's Local Civil Rule 83.10. Please reference the Court's website, www.nysd.uscourts.gov, to review Local Civil Rule 83.10, updated 4/1/2015, for important information.(rpr) (Entered: 03/04/2016)

ELECTRONIC SUMMONS ISSUED as to The City Of New York,. (pc) (Entered: 03/04/2016)

ELECTRONIC SUMMONS ISSUED as to William Bratton. (pc) (Entered: 03/04/2016)

Magistrate Judge Barbara C. Moses is so designated. (pc)

Case Designated ECF. (pc)

***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gideon Orion Oliver. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to Kings; the Fee Status code has been modified to pd (paid). (pc)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gideon Orion Oliver. The party information for the following party/parties has been modified: John Doe #2, Lieutenant "John Doe #1" Maguire, City New York, Commissioner William Bratton. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered with quotation marks; party text was omitted. (pc)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. 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. (pc)

AFFIDAVIT OF SERVICE of Summons and Complaint,. William Bratton served on 3/11/2016, answer due 4/1/2016. Service was accepted by STEVEN DRENNEN at NYPD Legal Bureau. Service was made by MAIL. Document filed by Keegan Stephan; Shay Horse; James Craven; Michael Nusbaum; Anika Edrei. (Oliver, Gideon) (Entered: 03/14/2016)

AFFIDAVIT OF SERVICE of Summons and Complaint,. The City Of New York, served on 3/11/2016, answer due 4/1/2016. Service was accepted by BETTY MAZYCK, SERVICE WINDOW CLERK. Service was made by MAIL. Document filed by Keegan Stephan; Shay Horse; James Craven; Michael Nusbaum; Anika Edrei. (Oliver, Gideon) (Entered: 03/14/2016)

NOTICE OF APPEARANCE by Ashley Rebecca Garman on behalf of William Bratton, The City Of New York,. (Garman, Ashley) (Entered: 03/28/2016)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT LETTER MOTION for Conference seeking removal of this case from the 1983 Plan addressed to Judge Robert W. Sweet from Gideon Orion Oliver dated April 4, 2016. Document filed by James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan.(Oliver, Gideon) Modified on 4/5/2016 (ldi). (Entered: 04/04/2016)

JOINT LETTER addressed to Judge Robert W. Sweet from Gideon Orion Oliver dated April 4, 2016 re: requesting removal of the case from the 1983 Plan. Document filed by James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan.(Oliver, Gideon) (Entered: 04/05/2016)

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Gideon Orion Oliver to RE-FILE Document 12 JOINT LETTER MOTION for Conference seeking removal of this case from the 1983 Plan addressed to Judge Robert W. Sweet from Gideon Orion Oliver dated April 4, 2016. Use the event type Letter found under the event list Other Documents. (ldi)

MEMO ENDORSEMENT on re: 13 Letter re: Requesting removal of the case from the 1983 Plan, filed by Michael Nusbaum, Anika Edrei, Shay Horse, James Craven, Keegan Stephan. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 4/5/2016) (spo) (Entered: 04/06/2016)

PRETRIAL ORDER: Pretrial Conference set for 5/18/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 4/11/2016) (kko) (Entered: 04/11/2016)

ORDER: Please be advised that the conference scheduled for 5/18/2016 has been rescheduled to 4/20/2016 at 4:00 pm in Courtroom 18C. Please notify opposing counsel of the change. (Pretrial Conference set for 4/20/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 4/15/2016) (tn) (Entered: 04/15/2016)

Minute Entry for proceedings held before Judge Robert W. Sweet: Initial Pretrial Conference held on 4/20/2016. (Chan, Tsz)

ORDER: Brief due by 2/10/2017. Fact Discovery due by 1/18/2017. Motions due by 2/10/2017. Proposed Pretrial Order due by 2/10/2017. Final Pretrial Conference set for 2/10/2017 at 04:00 PM before Judge Robert W. Sweet. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 4/20/2016) (spo) Modified on 6/13/2016 (tro). (Entered: 04/21/2016)

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending 1 Complaint, against William Bratton, The City Of New York,, John Maguire, Mike Poletto with JURY DEMAND.Document filed by Shay Horse, James Craven, Michael Nusbaum, Keegan Stephan, Anika Edrei, Alexander Appel. Related document: 1 Complaint, filed by Michael Nusbaum, Anika Edrei, Shay Horse, James Craven, Keegan Stephan. (Attachments: # 1 Appendix A - NYPD Disorder Control Unit LRAD Briefing, # 2 Appendix B - 2014-12-12 Bratton Letter)(Oliver, Gideon) Modified on 8/2/2016 (dgo). (Entered: 08/01/2016)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Lt. John Maguire, re: 18 Amended Complaint,,. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) Modified on 8/2/2016 (dgo). (Entered: 08/01/2016)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Mike Poletto, re: 18 Amended Complaint,,. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) Modified on 8/2/2016 (dgo). (Entered: 08/01/2016)

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 19 Request for Issuance of Amended Summons, 20 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dgo)

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gideon Orion Oliver to RE-FILE re: Document No. 18 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; opposing party did not consent to the amendment of the pleading; the order granting permission to file the pleading was not attached; Court's leave has not been granted Please add John Maguire, Mike Poletto again to the docket. In the Party Text box when creating the party, enter "In their official capacities. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (dgo)

FIRST AMENDED COMPLAINT amending 1 Complaint, against William Bratton, John Maguire, Mike Poletto, The City Of New York,, John Maguire, Mike Poletto with JURY DEMAND.Document filed by Shay Horse, James Craven, Michael Nusbaum, Keegan Stephan, Alexander Appel, Anika Edrei. Related document: 1 Complaint, filed by Michael Nusbaum, Anika Edrei, Shay Horse, James Craven, Keegan Stephan. (Attachments: # 1 Exhibit A - 2012 DCU LRAD Briefing, # 2 Exhibit B - 12/12 Bratton Letter)(Oliver, Gideon) (Entered: 08/03/2016)

1 Exhibit A - 2012 DCU LRAD Briefing

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2 Exhibit B - 12/12 Bratton Letter

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REQUEST FOR ISSUANCE OF SUMMONS as to John Maguire, re: 21 Amended Complaint,,. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) (Entered: 08/03/2016)

REQUEST FOR ISSUANCE OF SUMMONS as to Mike Poletto, re: 21 Amended Complaint,,. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) (Entered: 08/03/2016)

ELECTRONIC SUMMONS ISSUED as to Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity). (dgo) (Entered: 08/04/2016)

ELECTRONIC SUMMONS ISSUED as to John Maguire(Individually), John Maguire(in his official capacity). (dgo) (Entered: 08/04/2016)

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. John Maguire(Individually) served on 8/9/2016, answer due 8/30/2016; John Maguire(in his official capacity) served on 8/9/2016, answer due 8/30/2016. Service was accepted by NYPD SERGEANT CASTRO MARKS, SHIELD NUMBER 1601,. Service was made by MAIL. Document filed by Shay Horse; James Craven; Michael Nusbaum; Keegan Stephan; Alexander Appel; Anika Edrei. (Oliver, Gideon) (Entered: 08/09/2016)

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Mike Poletto(Individually. Shield No. 3762) served on 8/9/2016, answer due 8/30/2016; Mike Poletto(in his official capacity) served on 8/9/2016, answer due 8/30/2016. Service was accepted by NYPD SERGEANT CASTRO MARKS, SHIELD NUMBER 1601,. Service was made by MAIL. Document filed by Shay Horse; James Craven; Michael Nusbaum; Keegan Stephan; Alexander Appel; Anika Edrei. (Oliver, Gideon) (Entered: 08/09/2016)

FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 21 Amended Complaint,, addressed to Judge Robert W. Sweet from Ashley R. Garman dated August 23, 2016. Document filed by William Bratton, The City Of New York,.(Garman, Ashley) (Entered: 08/23/2016)

ORDER granting 28 Letter Motion for Extension of Time to File Response/Reply as to 21 Amended Complaint. So ordered. (Signed by Judge Robert W. Sweet on 8/30/2016) (kko) (Entered: 08/30/2016)

Set/Reset Deadlines: William Bratton answer due 10/11/2016; John Maguire (Individually) answer due 10/11/2016; John Maguire (in his official capacity) answer due 10/11/2016; Mike Poletto (Individually. Shield No. 3762) answer due 10/11/2016; Mike Poletto (in his official capacity) answer due 10/11/2016; The City Of New York answer due 10/11/2016. (kko)

NOTICE OF APPEARANCE by Ashley Rebecca Garman on behalf of John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity). (Garman, Ashley) (Entered: 09/07/2016)

CONSENT LETTER MOTION for Extension of Time to File motion papers addressed to Judge Robert W. Sweet from Ashley R. Garman dated October 3, 2016. Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Garman, Ashley) (Entered: 10/03/2016)

ORDER granting 31 Letter Motion for Extension of Time to File motion papers. So ordered. (Signed by Judge Robert W. Sweet on 10/4/2016) (kgo) (Entered: 10/04/2016)

Set/Reset Deadlines: Motions due by 10/25/2016. (kgo)

CONSENT LETTER MOTION for Leave to File Excess Pages related to defendants' forthcoming motion to dismiss addressed to Judge Robert W. Sweet from Ashley R. Garman dated October 19, 2016. Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Garman, Ashley) (Entered: 10/19/2016)

ORDER granting 33 CONSENT LETTER MOTION for Leave to File Excess Pages related to defendants' forthcoming motion to dismiss addressed to Judge Robert W. Sweet from Ashley R. Garman dated October 19, 2016. Document filed by William Bratton, John Maguire (Individually), John Maguire (in his official capacity), Mike Poletto (Individually. Shield No. 3762), Mike Poletto (in his official capacity), The City Of New York. So ordered. (Signed by Judge Robert W. Sweet on 10/20/2016) (rjm) (Entered: 10/20/2016)

MOTION to Dismiss . Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,. Responses due by 11/30/2016(Garman, Ashley) (Entered: 10/25/2016)

MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss . . Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,. (Garman, Ashley) (Entered: 10/25/2016)

DECLARATION of Ashley R. Garman in Support re: 35 MOTION to Dismiss .. Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1, # 3 Exhibit B - Part 2, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Garman, Ashley) (Entered: 10/25/2016)

ORDER: Defendants' motion to dismiss the first amended complaint, dated October 25, 2016, shall be heard at noon on Thursday, January 12, 2017 in Courtroom 18C, United States Courthouse, 500 Pearl Street. Any opposition shall be served by November 30, 2016 in accordance with the October 4, 2016 scheduling order and any reply shall be served by December 28, 2016. IT IS SO ORDERED., ( Oral Argument set for 1/12/2017 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 10/26/2016) (ama) (Entered: 10/26/2016)

CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Robert W. Sweet from Elena L. Cohen dated November 29, 2016. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan.(Cohen, Elena) (Entered: 11/29/2016)

ORDER granting 39 CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Robert W. Sweet from Elena L. Cohen dated November 29, 2016. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. So ordered. (Responses due by 12/5/2016. Replies due by 1/2/2017). (Signed by Judge Robert W. Sweet on 11/30/2016) (rjm) (Entered: 11/30/2016)

NOTICE OF APPEARANCE by Michael J Decker on behalf of Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Decker, Michael) (Entered: 12/05/2016)

DECLARATION of GIDEON ORION OLIVER in Opposition re: 35 MOTION to Dismiss .. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 - PART 1, # 6 Exhibit 5 - PART 2, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19)(Oliver, Gideon) (Entered: 12/05/2016)

DECLARATION of Elena L. Cohen in Opposition re: 35 MOTION to Dismiss .. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Cohen, Elena) (Entered: 12/05/2016)

DECLARATION of Michael J. Decker in Opposition re: 35 MOTION to Dismiss .. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Oliver, Gideon) (Entered: 12/05/2016)

MEMORANDUM OF LAW in Opposition re: 35 MOTION to Dismiss . . Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) (Entered: 12/06/2016)

CONSENT LETTER MOTION for Leave to File Amended Memorandum of Law addressed to Judge Robert W. Sweet from Gideon Orion Oliver dated December 6, 2016. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan.(Oliver, Gideon) (Entered: 12/06/2016)

ORDER granting 46 Letter Motion for Leave to File Document. So ordered. (Signed by Judge Robert W. Sweet on 12/8/2016) (cf) (Entered: 12/08/2016)

AMENDED MEMORANDUM OF LAW in Opposition re: 35 MOTION to Dismiss . . Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Oliver, Gideon) (Entered: 12/08/2016)

LETTER MOTION for Leave to File Excess Pages in connection with defendants' Reply Memorandum of Law addressed to Judge Robert W. Sweet from Ashley R. Garman dated December 29, 2016. Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Garman, Ashley) (Entered: 12/29/2016)

REPLY MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss . . Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,. (Garman, Ashley) (Entered: 01/03/2017)

ORDER granting 49 Letter Motion for Leave to File Excess Pages in connection with defendants' Reply Memorandum of Law. So ordered. (Signed by Judge Robert W. Sweet on 1/3/2017) (cla) (Entered: 01/03/2017)

ORDER. Defendants' motion to dismiss the first amended complaint, dated October 25, 2016, shall be heard at noon on Thursday, January 26, 2017 in Courtroom 18C, United States Courthouse, 500 Pearl Street. It is so ordered. (Oral Argument set for 1/26/2017 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/4/2017) (rjm) (Entered: 01/06/2017)

Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 1/26/2017 re: 35 MOTION to Dismiss filed by Mike Poletto, The City Of New York,, William Bratton, John Maguire. Motion held.Motion to dismiss reserved. (Chan, Tsz)

OPINION re: 35 MOTION to Dismiss filed by Mike Poletto, The City Of New York, William Bratton, John Maguire. For the foregoing reasons, Defendants' motion to dismiss is granted with regards to Counts Two, Three, Six, Seven, Eight, and Nine, and denied with regards to Counts One, Four, and Five. It is so ordered. (Signed by Judge Robert W. Sweet on 5/31/2017) (anc) (Entered: 05/31/2017)

PRETRIAL ORDER: Counsel are directed to appear in courtroom 18C on July 11, 17 @ 12pm for a pretrial conference for the purpose of resolving any outstanding discovery or other issues, and sett a time for trial, as further set forth in this order. (Pretrial Conference set for 7/11/2017 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 6/1/2017) (jwh) (Entered: 06/01/2017)

LETTER MOTION for Extension of Time to File Answer re: 21 Amended Complaint,, addressed to Judge Robert W. Sweet from Ashley Garman dated June 9, 2017. Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Garman, Ashley) (Entered: 06/09/2017)

ORDER granting 55 Letter Motion for Extension of Time to Answer re 21 Amended Complaint. So Ordered., (William Bratton answer due 7/5/2017; John Maguire(Individually) answer due 7/5/2017; John Maguire(in his official capacity) answer due 7/5/2017; Mike Poletto (Individually. Shield No. 3762) answer due 7/5/2017; Mike Poletto(in his official capacity) answer due 7/5/2017; The City Of New York, answer due 7/5/2017.) (Signed by Judge Robert W. Sweet on 6/12/17) (yv) (Entered: 06/12/2017)

NOTICE OF INTERLOCUTORY APPEAL from 53 Memorandum & Opinion,. Document filed by John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity). Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Garman, Ashley) (Entered: 06/30/2017)

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 57 Notice of Interlocutory Appeal, filed by Mike Poletto, John Maguire were transmitted to the U.S. Court of Appeals. (tp)

USCA Appeal Fees received $ 505.00 receipt number 465401184748 on 06/30/2017 re: 57 Notice of Interlocutory Appeal filed by Mike Poletto, John Maguire. (nd)

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 57 Notice of Interlocutory Appeal. (tp)

Appeal Fee Due: for 57 Notice of Interlocutory Appeal. Appeal fee due by 7/14/2017. (tp)

LETTER MOTION for Extension of Time to File Answer re: 21 Amended Complaint,, for adjournment of the July 11, 2017, conference and setting forth defendants' position regarding the District Court's lack of jurisdiction pending Maguire and Poletto's interlocutory appeal and in the alternative, requesting a discretionary stay pending the appeal addressed to Judge Robert W. Sweet from Ashley R. Garman dated July 5, 2017. Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Garman, Ashley) (Entered: 07/05/2017)

ORDER: Defendants' motion to stay the proceedings, dated July 5, 2017, shall be heard at 2:00 PM on Wednesday, July 19, 2017 in Courtroom 18C, United States Courthouse, 500 Pearl Street. Papers in opposition shall be served on or before July 12, 2017, at noon, and any reply papers shall be served on or before July 17, 2017, at noon. Motion Hearing set for 7/19/2017 at 02:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 7/5/2017) (cf) (Entered: 07/05/2017)

ORDER granting 58 Letter Motion for Extension of Time to Answer. Time to answer and adjournment of conference are granted on consent. Motion to stay will be heard July 19. William Bratton answer due 7/19/2017; John Maguire(Individually) answer due 7/19/2017; John Maguire(in his official capacity) answer due 7/19/2017; Mike Poletto(Individually. Shield No. 3762) answer due 7/19/2017; Mike Poletto(in his official capacity) answer due 7/19/2017; The City Of New York, answer due 7/19/2017 (Signed by Judge Robert W. Sweet on 7/5/2017) (cf) (Entered: 07/05/2017)

ORDER: Please be advised that the conference scheduled for 7-11-17 has been rescheduled to 7-13-17 at 12pm in Courtroom 18C. Please notify opposing counsel of the change. (Pretrial Conference set for 7/13/2017 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 7/7/2017) (jwh) (Entered: 07/07/2017)

CONSENT LETTER MOTION to Adjourn Conference currently scheduled for 7/13/17 and oral argument on Defendants' application for a stay currently scheduled for 7/19/17 addressed to Judge Robert W. Sweet from Gideon Orion Oliver dated July 11, 2017. Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan.(Oliver, Gideon) (Entered: 07/11/2017)

ORDER granting 62 Letter Motion to Adjourn Conference: So ordered. (Oral Argument set for 8/2/2017 at 11:00 AM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 7/11/2017) (jwh) (Entered: 07/11/2017)

LETTER RESPONSE in Opposition to Motion addressed to Judge Robert W. Sweet from Gideon Orion Oliver dated July 12, 2017 re: 58 LETTER MOTION for Extension of Time to File Answer re: 21 Amended Complaint,, for adjournment of the July 11, 2017, conference and setting forth defendants' position regarding the District Court's lack of jurisdiction pending Magu . Document filed by Alexander Appel, James Craven, Anika Edrei, Shay Horse, Michael Nusbaum, Keegan Stephan. (Attachments: # 1 Exhibit 1 - Orders from Schwartz v. NYC)(Oliver, Gideon) (Entered: 07/12/2017)

1 Exhibit 1 - Orders from Schwartz v. NYC

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ANSWER to 21 Amended Complaint,, with JURY DEMAND. Document filed by John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Garman, Ashley) (Entered: 07/19/2017)

Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 8/2/2017 re: 58 LETTER MOTION for Extension of Time to File Answer re: 21 Amended Complaint,, for adjournment of the July 11, 2017, conference and setting forth defendants' position regarding the District Court's lack of jurisdiction pending Magu filed by Mike Poletto, The City Of New York,, William Bratton, John Maguire. Motion Pending. (Chan, Tsz)

OPINION re: 58 LETTER MOTION: Defendants John Maguire ("Maguire"), Mike Poletto ("Poletto" and, together with Maguire, the "Officers"), and the City of New York ("NYC" and, collectively with the Officers, the "Defendants") have moved to stay proceedings before the Court as to the remaining claims brought by Plaintiffs Anika Edrei ("Edrei"), Shay Horse ("Horse"), James Craven ("Craven"), Keegan Stephan ("Stephan"), Michael Nusbaum ("Nusbaum"), and Alexander Appel ("Appel") (collectively, the "Plaintiffs") pending the outcome of Defendants' interlocutory appeal on the issue of the Officers' qualified immunity defense. For the foregoing reasons, Defendants' motion to stay proceedings as to Plaintiffs' claims pending resolution of their appeal is granted. (Signed by Judge Robert W. Sweet on 8/31/2017) (jwh) (Entered: 08/31/2017)

Case Stayed (jwh)

OPINION of USCA (Certified) as to 57 Notice of Interlocutory Appeal, filed by Mike Poletto, John Maguire. USCA Case Number 17-2065. Plaintiffs, six individuals who participated in and observed protests in Manhattan on the night of December 4.5, 2014, sued Lieutenant John Maguire and Officer Mike Poletto ("defendants") of the New York Police Department under 42 U.S.C. 1983. The complaint alleges, among other things, that defendants violated plaintiffs' Fourteenth Amendment right against excessive force when they used a long-range acoustic device ("LRAD"), also known as a "sound gun," to disperse non-violent protesters, resulting in significant injuries, including hearing loss. Defendants moved to dismiss, arguing, in part, that they were entitled to qualified immunity because the complaint neither stated a Fourteenth Amendment claim nor alleged a violation of clearly established law. The district court rejected both arguments, reasoning that LRADs, which can cause injuries comparable to those caused by other tools that are capable of excessive force, fit within the scope of existing precedents. For the reasons stated in this opinion, we AFFIRM the district court's order insofar as it denied defendants qualified immunity for the Fourteenth Amendment claim. This case is REMANDED for further proceedings Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/13/2018. (nd) (Entered: 06/13/2018)

Transmission of USCA Opinion to the District Judge re: 67 USCA Opinion. (nd)

MANDATE of USCA (Certified Copy) as to 57 Notice of Interlocutory Appeal, filed by Mike Poletto, John Maguire USCA Case Number 17-2065. IT IS HEREBY ORDERED, ADJUDGED and DECREED that judgment of the district court is AFFIRMED. The case is REMANDED for further proceedings consistent with this Courts opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 9/6/2018. (tp) (Entered: 09/06/2018)

Transmission of USCA Mandate/Order to the District Judge re: 68 USCA Mandate. (tp)

PRETRIAL ORDER: Counsel are directed to appear in courtroom 18C on 9-25-18 at 12 p.m. for a pretrial conference for the purpose of resolving any outstanding discovery or other issues, and setting a time for trial. IT IS SO ORDERED., ( Pretrial Conference set for 9/25/2018 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/21/2018) (ama) (Entered: 09/21/2018)

Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 9/25/2018. (Chan, Tsz)

ORDER: IT IS HEREBY ORDERED that: 1. All motions are to be made returnable at 12:00 noon on Wednesday and in compliance with the rules of this Court. 2. The parties shall complete all fact discovery by 7/31/19 and all expert discovery by 9/4/19. The parties shall file all motions, other than motions in limine, by this date (or whichever is later), after which no discovery will be conducted and no motion will be entertained without a showing of special circumstances. 4. The parties shall submit to the court trial briefs, a joint proposed pretrial order, and, if applicable, motions in limine and proposed jury charges, voir dire requests and special verdict form in accordance with the annexed form and instructions by 10/2/19. A final pretrial conference will be held at 12:00 pm on that date and the action shall be added to the trial calendar published in the New York Law Journal. The parties are directed to be ready for trial the day after the pretrial order is due and, upon receipt of twenty-four hour telephone notice, on any day thereafter. (Expert Discovery due by 9/4/2019. Fact Discovery due by 7/31/2019. Motions due by 10/2/2019. Proposed Pretrial Order due by 10/2/2019. Final Pretrial Conference set for 10/2/2019 at 12:00 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/25/2018) (ne) (Entered: 09/26/2018)

MOTION to Substitute Attorney. Old Attorney: Ashley R. Garman, New Attorney: Peter W. Brocker . Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Brocker, Peter) (Entered: 11/20/2018)

Withdrawn as per Judge's Order dated 4/8/2019, Doc. # 75 DIRECTION TO THE BAR AND INTERIM ORDER OF REFERENCE: The Hon. Robert W. Sweet of this court having died on March 24, 2019; and Time being needed in order to effect the reassignment of the cases on his docket: It is hereby ordered that, pending the reassignment of Judge Sweet's civil cases, all urgent matters should be taken either to the Magistrate Judge who is assigned to the case or to the District Judge sitting in Part 1. In cases in which Judge Sweet did not sign an order of reference, this order operates as an interim order of reference to the Magistrate Judge for interim pre-trial supervision. Routine case management requests (such as, for extension of time) should be directed to the Magistrate Judge, not to the Part 1 Judge. So Ordered (Signed by Judge Colleen McMahon on 3/27/2019) (js) Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Colleen McMahon on 3/27/2019) (js) Modified on 3/28/2019 (js). Modified on 4/8/2019 (jwh). (Entered: 03/28/2019)

MEMO ENDORSEMENT granting 71 Motion to Substitute Attorney. ENDORSEMENT: Application GRANTED. Attorney Ashley Rebecca Garman terminated (Signed by Magistrate Judge Barbara C. Moses on 3/28/2019) (cf) (Entered: 03/28/2019)

ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: In light of the passing of the late Hon. Robert W. Sweet, the above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. § 636(b)(l)(A). (As further set forth in this Order.) If the parties believe that any matters (including matters that may not be apparent from the electronic docket) require the Court's prompt attention, they shall file a joint letter so notifying the Court. (Signed by Magistrate Judge Barbara C. Moses on 4/3/2019) (cf) (Entered: 04/03/2019)

NOTICE OF CONFERENCE: WHEREAS this case was recently transferred to the undersigned, it is hereby ORDERED that counsel for all parties appear for a conference with the Court on April 16, 2019 at 4:15 p.m. Unless notified by the Court, any Scheduling Order or Case Management Plan remains otherwise in effect notwithstanding the case's transfer, as further set forth in this order. Finally, to the extent that the Interim Order of Reference to Magistrate Judge Barbara Moses is still in effect, see Docket Nos. 72, 74, the Order is hereby WITHDRAWN. (Status Conference set for 4/16/2019 at 04:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/8/2019) (jwh) (Entered: 04/08/2019)

Notice of Case Assignment/Reassignment

NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Robert W. Sweet is no longer assigned to the case. (sjo)

REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the conference in this matter, previously scheduled for April 16, 2019, at 4:15 p.m., is RESCHEDULED for May 14, 2019, at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The parties are reminded that they must file on ECF no later than the Thursday prior to the conference, a status letter, the contents of which are described in the Court's order scheduling the conference. (Status Conference set for 5/14/2019 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/12/2019) (cf) (Entered: 04/12/2019)

CONSENT LETTER MOTION to Stay addressed to Judge Jesse M. Furman from Peter W. Brocker dated April 15, 2019. Document filed by William Bratton, John Maguire(Individually), John Maguire(in his official capacity), Mike Poletto(Individually. Shield No. 3762), Mike Poletto(in his official capacity), The City Of New York,.(Brocker, Peter) (Entered: 04/15/2019)