Case: Butler v. City of New York

Coalition for the Homelessness

COMPLAINT against City of New York, Gilbert Taylor. Document filed by Ricky Gibson, Sandra Butler.(moh) (rz). (Entered: 05/19/2015)

Summons Issued

ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Deborah A. Batts on 5/14/2015) (moh) (moh). (Entered: 05/19/2015)

Case Designation

SUMMONS ISSUED as to City of New York, Gilbert Taylor. (moh)

Case Designated ECF

Magistrate Judge James L. Cott is so designated. (moh)

Case Designated ECF. (moh)

CIVIL COVER SHEET filed. (moh) (rz). (Entered: 05/19/2015)

LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Robert W. Sweet from James M. Dervin dated June 10, 2015. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 06/10/2015)

ORDER granting 4 Letter Motion for Extension of Time. So ordered. (Signed by Judge Robert W. Sweet on 6/16/2015) (ajs) (Entered: 06/17/2015)

Set/Reset Deadlines

Set/Reset Deadlines: City of New York answer due 7/27/2015; Gilbert Taylor answer due 7/27/2015. (ajs)

SECOND LETTER MOTION for Extension of Time addressed to Judge Robert W. Sweet from James M. Dervin dated July 24, 2015. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 07/24/2015)

ORDER granting 6 Letter Motion for Extension of Time. So ordered. (Signed by Judge Robert W. Sweet on 7/29/2015) (ajs) (Entered: 07/30/2015)

Set/Reset Deadlines

Set/Reset Deadlines: City of New York answer due 9/25/2015; Gilbert Taylor answer due 9/25/2015. (ajs)

PRETRIAL ORDER: Pretrial Conference set for 10/14/2015 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (See Order.) (Signed by Judge Robert W. Sweet on 8/7/2015) (ajs) (Entered: 08/07/2015)

THIRD LETTER MOTION for Extension of Time addressed to Judge Robert W. Sweet from James M. Dervin dated September 24, 2015. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 09/24/2015)

ORDER granting 9 Letter Motion for Extension of Time. So ordered. (Signed by Judge Robert W. Sweet on 9/25/2015) (spo) (Entered: 09/25/2015)

Set/Reset Deadlines

Set/Reset Deadlines: City of New York answer due 11/9/2015. Gilbert Taylor answer due 11/9/2015. (spo)

ORDER: Please be advised that the conference scheduled for 10/14/2015 has been rescheduled to 12/2/2015 at 4pm in Courtroom 18C Please notify opposing counsel of the change. (Pretrial Conference set for 12/2/2015 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 9/25/2015) (spo) (Entered: 09/25/2015)

NOTICE OF CHANGE OF ADDRESS by Joshua Evan Goldfein on behalf of All Plaintiffs. New Address: The Legal Aid Society, 199 Water St, 3d Floor, New York, New York, 10038, 2125773414. (Goldfein, Joshua) (Entered: 10/21/2015)

FOURTH LETTER MOTION for Extension of Time addressed to Judge Robert W. Sweet from James M. Dervin dated November 5, 2015. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 11/05/2015)

ORDER granting 13 Letter Motion for Extension of Time. So ordered. (Signed by Judge Robert W. Sweet on 11/5/2015) (mro) (Entered: 11/09/2015)

Set/Reset Deadlines

Set/Reset Deadlines: City of New York answer due 12/24/2015; Gilbert Taylor answer due 12/24/2015. (mro)

ORDER: Please be advised that the conference scheduled for 12-2-15 has been rescheduled to 1-20-16 at 4:00 pm in Courtroom 18C. Please notify opposing counsel of the change. ( Pretrial Conference set for 1/20/2016 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 11/9/2015) (mro) (Entered: 11/09/2015)

Minute Entry for proceedings held before Judge Robert W. Sweet: Initial Pretrial Conference held on 1/20/2016. Next pretrial conference is scheduled for April 20, 2016 at 4:00 p.m. (Chan, Tsz)

Pretrial Conference - Initial

ANSWER to 1 Complaint. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 01/20/2016)

ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (http://nysd.uscourts.gov/mediation). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 2/1/2016. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr) (Entered: 01/21/2016)

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/9/2016.(cda)

Notice of Mediator Assignment

JOINT LETTER addressed to Judge Robert W. Sweet from James M. Dervin dated March 8, 2016 re: Removal from Mediation Program Referral. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 03/08/2016)

MEMO ENDORSEMENT on re: 18 Letter re: Removal from mediation, filed by Gilbert Taylor, City of New York. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 3/14/2016) (spo) (Entered: 03/15/2016)

JOINT LETTER MOTION to Adjourn Conference addressed to Judge Robert W. Sweet from James M. Dervin dated April 19, 2016. Document filed by City of New York, Gilbert Taylor.(Dervin, James) (Entered: 04/19/2016)

ORDER granting 21 Letter Motion to Adjourn Conference. So ordered. (Signed by Judge Robert W. Sweet on 4/19/2016) (mro) (Entered: 04/20/2016)

ORDER: Please be advised that the conference scheduled for 4/20/16 has been rescheduled to 5/4/16 at 4 pm in Courtroom 18C. Please notify opposing counsel of the change. ( Pretrial Conference set for 5/4/2016 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 4/19/2016) (mro) (Entered: 04/20/2016)

Minute Entry for proceedings held before Judge Robert W. Sweet: Initial Pretrial Conference held on 5/4/2016. (Chan, Tsz)

Pretrial Conference - Initial

PRETRIAL ORDER: Pretrial Conference set for 11/9/2016 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 5/31/2016) (kko) (Entered: 05/31/2016)

NOTICE OF APPEARANCE by Paul B Carberry on behalf of Sandra Butler, Ricky Gibson. (Carberry, Paul) (Entered: 08/01/2016)

NOTICE OF APPEARANCE by Evelyn Ann Fanneron on behalf of Sandra Butler, Ricky Gibson. (Fanneron, Evelyn) (Entered: 08/01/2016)

CONSENT ORDER: IT IS HEREBY ORDERED THAT: 1. Plaintiffs may file a First Amended Class Action Complaint; 2. Defendants have 45 days to file an Answer to the First Amended Class Action Complaint, calculated from the date the First Amended Class Action Complaint is filed and entered on the ECF docket; and 3. Defendants' defenses-procedural, substantive, or otherwise--to any claims or allegations Plaintiffs assert are not waived, nor are Defendants deemed to admit to the truth or accuracy of the allegations in the First Amended Class Action Complaint. 4. The caption for this case shall be modified to include all Named Plaintiffs and Defendants, and shall replace Gilbert Taylor with Steven Banks, the new Commissioner of the New York City Department of Social Services. The caption will appear as follows: O'Brien Morris, Richard Emmett, Roselle Diaz, Kevin Faison, Shaniqua Jackson, Center for Independence of the Disabled and New York and Coalition for the Homeless added. Gilbert Taylor (as Commissioner of the New York City Department of Homeless Services) terminated. (Signed by Judge Robert W. Sweet on 8/2/2016) (kl) (Entered: 08/02/2016)

AMENDED COMPLAINT amending 1 Complaint against Steven Banks, City of New York, The New York City Department of Homeless Services with JURY DEMAND.Document filed by New York and Coalition for the Homeless, Kevin Faison, Roselle Diaz, Ricky Gibson, Shaniqua Jackson, Sandra Butler, Richard Emmett, O'Brien Morris, Center for Independence of the Disabled. Related document: 1 Complaint filed by Sandra Butler, Ricky Gibson.(Carberry, Paul) (Entered: 08/03/2016)

FIRST LETTER MOTION for Extension of Time to File Answer or otherwise respond to Amended Class Action Complaint (dkt. no. 28) addressed to Judge Robert W. Sweet from James M. Dervin dated September 19, 2016. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 09/19/2016)

ORDER granting 29 Letter Motion for Extension of Time to Answer: So ordered. Steven Banks answer due 10/3/2016; City of New York answer due 10/3/2016. (Signed by Judge Robert W. Sweet on 9/20/2016) (tn) (Entered: 09/20/2016)

AMENDED: Please be advised that the conference scheduled for 11/9/16 has been rescheduled to 11/15/16 at 12pm in Courtroom 18C. Please notify opposing counsel of the change. SO ORDERED. Pretrial Conference set for 11/15/2016 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 9/30/2016) (kko) (Entered: 09/30/2016)

SECOND LETTER MOTION for Extension of Time to File Answer or otherwise respond to the Amended Class Action Complaint (dkt. no. 28) addressed to Judge Robert W. Sweet from James M. Dervin dated October 3, 2016. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 10/03/2016)

NOTICE OF APPEARANCE by Thomas B. Roberts on behalf of Steven Banks, City of New York, The New York City Department of Homeless Services. (Roberts, Thomas) (Entered: 10/03/2016)

ORDER granting 32 SECOND LETTER MOTION for Extension of Time to File Answer or otherwise respond to the Amended Class Action Complaint (dkt. no. 28) addressed to Judge Robert W. Sweet from James M. Dervin dated October 3, 2016. Document filed by Steven Banks, City of New York. So ordered. Steven Banks answer due 11/2/2016; City of New York answer due 11/2/2016. (Signed by Judge Robert W. Sweet on 10/4/2016) (rjm) (Entered: 10/04/2016)

ORDER. The motion for class certification filed September 22, 2016 shall be heard at noon on Thursday, October 20, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. (Oral Argument set for 10/20/2016 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 10/6/2016) (rjm) (Entered: 10/11/2016)

CONSENT MOTION to Certify Class . Document filed by Sandra Butler. Return Date set for 10/20/2016 at 12:00 PM. (Attachments: # 1 Text of Proposed Order Stipulation on Class Certification)(Stephens, Kenneth) (Entered: 10/11/2016)

STIPULATION AND ORDER OF CLASS CERTIFICATION. IT IS HEREBY STIPULATED AND AGREED, BY AND BETWEEN THE UNDERSIGNED, THAT THIS ACTION SHOULD BE CERTIFIED AS A CLASS ACTION PURSUANT TO RULE 23 OF THE FEDERAL RULES OF CIVIL PROCEDURE, and as further specified and set forth in this Stipulation and Order of Class Certification. Motions terminated: 36 CONSENT MOTION to Certify Class filed by Sandra Butler. Class Action Certified. (Signed by Judge Robert W. Sweet on 10/20/2016) (rjm) (Entered: 10/20/2016)

Oral Argument

Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 10/20/2016 re: 36 CONSENT MOTION to Certify Class filed by Sandra Butler. The Court signed Stipulation and Order of Class Certification. (Chan, Tsz)

THIRD LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint & for an adjournment of the 11/15/16 pre-trial conference addressed to Judge Robert W. Sweet from James M. Dervin dated October 31, 2016. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 10/31/2016)

ORDER granting 38 THIRD LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint & for an adjournment of the 11/15/16 pre-trial conference addressed to Judge Robert W. Sweet from James M. Dervin dated October 31, 2016. Document filed by Steven Banks, City of New York. So ordered. The following hearing(s) was terminated: Pretrial Conference. Steven Banks answer due 12/2/2016; City of New York answer due 12/2/2016. (Signed by Judge Robert W. Sweet on 11/2/2016) (rjm) (Entered: 11/03/2016)

FOURTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated November 29, 2016. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 11/29/2016)

ORDER granting 40 FOURTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated November 29, 2016. Document filed by Steven Banks, City of New York. So ordered. Steven Banks answer due 1/2/2017; City of New York answer due 1/2/2017. (Signed by Judge Robert W. Sweet on 11/30/2016) (rjm) (Entered: 11/30/2016)

FIFTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated December 30, 2016. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 12/30/2016)

ORDER granting 42 FIFTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated December 30, 2016. Document filed by Steven Banks, City of New York. So ordered. Steven Banks answer due 2/1/2017; City of New York answer due 2/1/2017. (Signed by Judge Robert W. Sweet on 1/4/2017) (rjm) (Entered: 01/05/2017)

SIXTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated January 30, 2017. Document filed by Steven Banks, City of New York, Gilbert Taylor.(Dervin, James) (Entered: 01/30/2017)

ORDER granting 44 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Robert W. Sweet on 1/31/2017) (jwh) (Entered: 01/31/2017)

Set/Reset Deadlines

Set/Reset Deadlines: Steven Banks answer due 3/3/2017; City of New York answer due 3/3/2017. (jwh)

SEVENTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated March 6, 2017. Document filed by Steven Banks, City of New York, Gilbert Taylor.(Dervin, James) (Entered: 03/06/2017)

ORDER granting 46 Letter Motion for Extension of Time Respond to the Amended Class Action Complaint: So ordered. (Signed by Judge Robert W. Sweet on 3/7/2017) (jwh) (Entered: 03/07/2017)

Set/Reset Deadlines

Set/Reset Deadlines: Steven Banks answer due 4/17/2017; City of New York answer due 4/17/2017; The New York City Department of Homeless Services answer due 4/17/2017. (jwh)

NOTICE OF CHANGE OF ADDRESS by Paul B Carberry on behalf of Sandra Butler, Center for Independence of the Disabled, Roselle Diaz, Richard Emmett, Kevin Faison, Ricky Gibson, Shaniqua Jackson, O'Brien Morris, New York and Coalition for the Homeless. New Address: White & Case LLP, 1221 Avenue of the Americas, New York, NY, 10020, (212) 819-8200. (Carberry, Paul) (Entered: 03/30/2017)

EIGHTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated April 14, 2017. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 04/14/2017)

ORDER granting 49 Letter Motion for Extension of Time to Answer: So ordered. (Steven Banks answer due 5/1/2017; City of New York answer due 5/1/2017; The New York City Department of Homeless Services answer due 5/1/2017) (Signed by Judge Robert W. Sweet on 4/17/2017) (jwh) (Entered: 04/18/2017)

NINTH LETTER MOTION for Extension of Time to File Answer or otherwise respond to the amended class action complaint addressed to Judge Robert W. Sweet from James M. Dervin dated May 1, 2017. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 05/01/2017)

ORDER: granting 51 Letter Motion for Extension of Time to Answer. So ordered. Steven Banks answer due 5/15/2017; City of New York answer due 5/15/2017; The New York City Department of Homeless Services answer due 5/15/2017. (Signed by Judge Robert W. Sweet on 5/2/2017) (ap) (Entered: 05/02/2017)

JOINT LETTER addressed to Judge Robert W. Sweet from James M. Dervin dated May 15, 2017 re: Proposed Stipulation of Settlement. Document filed by Steven Banks, City of New York.(Dervin, James) (Entered: 05/15/2017)

PRETRIAL ORDER, Counsel are directed to appear in courtroom 18C on Oct. 3, 2017 at 12 pm for a pretrial conference for the purpose of resolving any outstanding discovery or other issues, and setting a time for trial. Plaintiff(s)' counsel ARE REQUIRED TO NOTIFY COUNSEL FOR ALL PARTIES OF THIS CONFERENCE. Prior to the appearance at the pretrial conference, all counsel appearing in the action shall have discussed any open issues. It is so ordered. (Pretrial Conference set for 10/3/2017 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 6/28/17) (yv) (Entered: 06/28/2017)

ORDER PURSUANT RO FED. R. CIV. PRO 23(e): The Court hereby grants preliminary approval of the terms and conditions contained in the Settlement Agreement. The Court preliminarily finds that the terms of the Settlement Agreement appear to be within the range of possible approval, pursuant to Fed. R. Civ. P. 23(e) and applicable law. A Fairness Hearing pursuant to Fed. R. Civ. P. 23(e) shall be held before the undersigned on September 7, 2017, for purposes of determining whether the proposed Settlement is fair, reasonable, and adequate, and should be approved by the Court. The Fairness Hearing shall take place before the Honorable Robert W. Sweet, United States District Court, Southern District of New York, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007, and will begin at 01:00 p.m. The Fairness Hearing may be adjourned or continued from time to time without further notice. The Court hereby approves the Class Notice. Any member of the certified class may appear at the aforesaid Fairness Hearing on September 7, 2017 at 1:00 p.m., in person or by counsel, and object to the Settlement Agreement or give reasons why the proposed Settlement Agreement should not be approved as fair, reasonable, and adequate. Any member of the certified class may also object to or comment on the Settlement Agreement by submitting objections in writing. Objections or comments must be post-marked by September 2, 20 I 7 (insert 5 days before the hearing), to the Court at the address listed above, and a copy simultaneously served to the following: The Legal Aid Society Attn: Joshua Goldfein 199 Water Street New York, New York 10038 Attorneys for the certified class Any class member who fails to properly and timely file and serve objections or comments shall be foreclosed from objecting to the Settlement Agreement, unless otherwise ordered by the Court. The Court further orders that, pending further order from the Court, all proceedings in this Action, except those contemplated herein and in the Settlement Agreement shall be stayed, and as further set forth in this order. (Fairness Hearing set for 9/7/2017 at 1:00 PM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 7/7/2017) (ap) Modified on 7/10/2017 (rj). Modified on 7/11/2017 (jwh). (Entered: 07/10/2017)

ORDER re: 55 Order Striking Case, Set Hearings. The stipulation of settlement was inadvertently signed and entered on July 7, 2017, and is hereby vacated. The Clerk of the Court is directed to strike docket number 55 and the attached PDF. (Signed by Judge Robert W. Sweet on 7/10/2017) (rj) Modified on 7/11/2017 (jwh). Modified on 7/20/2017 (rj). (Entered: 07/10/2017)

Note Regarding Stricken Document

***STRICKEN DOCUMENT. Deleted document number 55 from the case record. The document was stricken from this case pursuant to 57 Order,. (rj)

NOTICE of of Proposed Class Action Settlement Under 28 U.S.C. 1715. Document filed by Steven Banks, City of New York. (Attachments: # 1 Exhibit Exh. A - Complaint, # 2 Exhibit Exh. B - Amended Class Action Complaint, # 3 Exhibit Exh. C - Proposed Order, # 4 Exhibit Exh. D - Proposed Class Notice, # 5 Exhibit Exh. E - Proposed Stipulation of Settlement)(Dervin, James) (Entered: 07/14/2017)

1 Exhibit Exh. A - Complaint

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2 Exhibit Exh. B - Amended Class Action Complaint

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3 Exhibit Exh. C - Proposed Order

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4 Exhibit Exh. D - Proposed Class Notice

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5 Exhibit Exh. E - Proposed Stipulation of Settlement

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NOTICE of Supplement to Notice of Proposed Class Action Settlement. Document filed by Steven Banks, City of New York. (Attachments: # 1 Exhibit Exh. F - Order on Fairness Hearing and Class Notice)(Dervin, James) (Entered: 07/14/2017)

CERTIFICATE OF SERVICE of Notice of Proposed Class Action Settlement and Supplemental Notice of Proposed Class Action Settlement served on U.S. Attorney General, and the Attorneys General for the States and Territories of the United States on 07/10/17. Service was made by MAIL. Document filed by Steven Banks, City of New York. (Dervin, James) (Entered: 07/14/2017)

CONSENT MOTION for Settlement . Document filed by Sandra Butler, Center for Independence of the Disabled, Roselle Diaz, Richard Emmett, Kevin Faison, Ricky Gibson, Shaniqua Jackson, O'Brien Morris, New York and Coalition for the Homeless. (Attachments: # 1 Text of Proposed Order, # 2 Attorney Declaration in support of Motion)(Hofmeister, Beth) (Entered: 09/06/2017)

1 Text of Proposed Order

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2 Attorney Declaration in support of Motion

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Minute Entry for proceedings held before Judge Robert W. Sweet: Fairness Hearing held on 9/7/2017. (Court Reporter Karen Gorlaski) (Chan, Tsz)

Fairness Hearing

ORDER: A fairness hearing was held on September 7, 2017 regarding the partial settlement in the above-referenced matter. As set forth on the record, the Court contingently found the settlement to be fair, reasonable and adequate. In accordance with the requirement in the Class Action Fairness Act of 2005, the Court's approval is not effective until October 16, 2017, assuming no Objections are received. If no objections are received by that date, the Court will post the Order on ECF and the settlement will become fully effective. If objections are received, the parties should immediately notify the Court. (Signed by Judge Robert W. Sweet on 9/7/2017) (ap) Modified on 9/20/2017 (ap). (Entered: 09/07/2017)

TRANSCRIPT of Proceedings re: CONFERENCE held on 9/7/2017 before Judge Robert W. Sweet. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/25/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/2/2018.(McGuirk, Kelly) (Entered: 10/04/2017)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/7/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/04/2017)

CONSENT MOTION for Judgment approving class action settlement re: dkt. no. 62. Document filed by Steven Banks, City of New York. (Attachments: # 1 Exhibit Stipulation of Settlement)(Dervin, James) (Entered: 11/03/2017)

JUDGMENT APPROVING CLASS ACTION SETTLEMENT. IT IS HEREBY ORDERED THAT:1. The Court has jurisdiction over the subject matter of this Action and personal jurisdiction over Plaintiffs and Defendants. 2. The Stipulation of Settlement is procedurally fair, resulting from arm's-length negotiations by the parties for a period of nine months. 3. The Stipulation of Settlement is substantively fair and meets the criteria set forth by the Second Circuit in City of Detroit v. Grinnell Corp., 495 F.2d 448 (2d Cir. 1974), because: (a) the Stipulation of Settlement grants relief to all members of the Class without subjecting them to the risks, complexity, duration, and expense of continuing litigation; (b) the reaction of the Class to the Stipulation of Settlement has been overwhelmingly favorable as there have been no meritorious objections to weigh against approval; (c) the state of the proceedings, the amount of discovery completed, and negotiations to date have enabled the parties to evaluate the nature and scope of the potential relief to the Class Members; (d) the risks associated with establishing liability and entitlement to relief, and maintaining the Action through trial weigh in favor of the Stipulation of Settlement; and (e) the Stipulation of Settlement is within the reasonable range of recovery given the best possible outcome, along with the risks associated with litigation, and it provides substantial benefits to members of the Class. Were this action to proceed to trial, the Class would be required to wait longer for relief, and any such relief would not be guaranteed. 4. Notice was given substantially in accordance with the Settlement and the Court's Order Approving Notice in Class Action, entered on July 7, 2017. In addition, in compliance with the Class Action Fairness Act, 28 U.S.C. § 1715, Defendants provided notice of the proposed Settlement to all federal, state, and territorial Attorneys General on or about July 10, 2017. See Dkt. Nos. 58 & 59. Such notice provided the best notice practicable under the circumstances. Said notice provided due and adequate notice of these proceedings and the matters set forth herein, including the Stipulation of Settlement, to all persons entitled to such notice, and said notice fully satisfied the requirements of Federal Rule of Civil Procedure 23, the Class Action Fairness Act, the Constitution of the United States, and any other applicable law. A full opportunity has been offered to the members of the Class and to federal, state, and territorial Attorneys General to object to the proposed Stipulation of Settlement and to participate in the hearing thereon, and it is hereby determined that all Class Members are bound by this judgment. 5. The Stipulation of Settlement is approved as fair, reasonable, and adequate, and in the best interests of the members of the Class. The Parties to the Stipulation of Settlement are directed to consummate the Stipulation of Settlement in accordance with its terms and provisions. 6. The Parties have stipulated to negotiate the amount of counsel fees and costs pursuant to paragraph 90 of the Stipulation of Settlement and have also stipulated that, that if the parties fail to reach agreement on an amount within 90 days of the Effective Date of this Order, Plaintiffs may submit an application for counsel fees and costs to the Court. 7. This Court shall retain jurisdiction over this Action to the extent set forth by the provisions of paragraphs 72-80 of the Stipulation of Settlement. 8. The Court hereby grants Plaintiffs' Consent Motion to Approve the Proposed Stipulation and Order of Partial Settlement (Dkt. No. 61) and directs entry of Final Judgment in the Action. 9. There is no just reason for delay in the entry of this Judgment. Immediate entry of Final Judgment by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. So ordered. (Signed by Judge Robert W. Sweet on 11/6/2017) (rjm) (Additional attachment(s) added on 11/7/2017: # 1 right to appeal #1, # 2 right to appeal #2) (rjm). (Entered: 11/07/2017)

1 right to appeal #1

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2 right to appeal #2

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Terminate Transcript Deadlines

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STIPULATION OF SETTLEMENT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, byand between the Parties, through their attorneys, as set forth in this Order. (Signed by Judge Robert W. Sweet on 11/9/2017) (js) (Entered: 11/13/2017)

ORDER OF APPOINTMENT: Now therefore, it is hereby ordered that: Pursuant to this Court's equitable powers and authority, this court appoints Steven Winter Associates to serve as DHS' consultant pursuant to paragraph 51 of the settlement agreement and appoints Steven Winter Associates to perform as the consultant to the Defendants under the settlement agreement. So Ordered (Signed by Judge Robert W. Sweet on 11/9/2017) (js) (Entered: 11/13/2017)

JOINT MOTION to Amend/Correct the Stipulation of Settlement. Document filed by Steven Banks, City of New York. (Attachments: # 1 Text of Proposed Order First Amendment to the Stipulation of Settlement)(Roberts, Thomas) (Entered: 11/17/2017)

FIRST AMENDMENT TO THE STIPULATION OF SETTLEMENT: NOW THEREFORE, in reliance on the mutual promises, covenants, and obligations as set out in the Stipulation of Settlement and this First Amendment to the Stipulation of Settlement, and for good and valuable consideration, the Parties, through their representative counsel, stipulate and agree that the Stipulation of Settlement is modified and amended as follows: In the third line of paragraph 51(c), the Stipulation of Settlement erroneously references "paragraphs 50 and 50(b) above". The paragraph should have referenced "paragraphs 50 and 51(b) above"; and as further set forth herein. All other terms of the Stipulation of Settlement are unchanged. So Ordered. (Signed by Judge Robert W. Sweet on 11/20/2017) (anc) (Entered: 11/20/2017)