Case: Holden v. The Port Authority of New York & New Jersey

1:17-cv-02192 | U.S. District Court for the Southern District of New York

Filed Date: March 27, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 27, 2017, two men sued the Port Authority of New York and New Jersey (Port Authority), Port Authority Police Department (Department), and Department officers alleging discriminatory false arrests in Port Authority Bus Terminal (Bus Terminal) bathrooms. The case was filed in the U.S. District Court for the Southern District of New York and was initially assigned to Magistrate Judge James C. Francis IV. The plaintiffs alleged that the defendants falsely arrested the plaintiffs and other …

On March 27, 2017, two men sued the Port Authority of New York and New Jersey (Port Authority), Port Authority Police Department (Department), and Department officers alleging discriminatory false arrests in Port Authority Bus Terminal (Bus Terminal) bathrooms. The case was filed in the U.S. District Court for the Southern District of New York and was initially assigned to Magistrate Judge James C. Francis IV. The plaintiffs alleged that the defendants falsely arrested the plaintiffs and other men in Bus Terminal bathrooms because the police perceived them to be gay or gender nonconforming. The complaint alleged that these arrests violated the Fourth Amendment and Fourteenth Amendment Due Process and Equal Protection Clauses and sought relief under 42 U.S.C. § 1983. The plaintiffs sought to certify the suit as a class action, with the class composed of all men arrested in Bus Terminal bathrooms based on being perceived as gay or gender nonconforming; they asked for declaratory relief, a permanent injunction banning the discriminatory arrests, compensatory and punitive damages, and attorney's fees.

The plaintiffs amended their complaint twice, first on October 6, 2017, and then on November 28, 2018. The amended complaints added two additional individual plaintiffs and named additional officer-defendants. The amended complaints also separated the two causes of actions, suing the officers for directly violating their constitutional rights, and suing the Port Authority and Department based on a failure to train or supervise theory. Between the first and seconded amended complaints, the case was reassigned to Magistrate Judge Robert W. Lehrburger.

The plaintiffs moved to certify the class on June 14, 2019, but the court denied that motion on February 26, 2020. On March 29, 2020, the defendants moved for partial summary judgment, which the court granted in part and denied in part on February 22, 2021. The court denied the officers qualified immunity, holding that the alleged wrongful acts violated clearly established law. The court dismissed the claims against officer-defendants who had not actually made any arrests as time barred and as failing to state a claim. The court also dismissed the plaintiffs' Due Process Clause claim, holding that the plaintiffs failed to state a Due Process Clause violation. Finally, the court dismissed the plaintiffs' claims for punitive damages against the Port Authority and Department, holding that municipalities are not liable for punitive damages under § 1983. 521 F.Supp.3d 415

On May 31, 2022, the parties reached a settlement. The defendants did not admit to wrongdoing but agreed to provide at least four hours of mandatory LGBTQ+ sensitivity training to incoming Department recruits and to post rights-informational signage in bathrooms. The defendants also agreed to read instructional memorandums about discrimination and boilerplate language in police reports at all shifts over 24 hour period and created a new position to serve as a liaison with the LGBTQ+ community. And the defendants made separate payments of $15,000 and $25,000 to the individual defendants. The court dismissed the case on June 1, 2022, conditional on the defendants complying with the settlement agreement within three months.

Summary Authors

Kevin Decker (7/6/2022)

Documents in the Clearinghouse

Document
1

1:17-cv-02192

Class Action Complaint

Holden & Mejia v. Port Authority of New York and New Jersey

March 27, 2017

March 27, 2017

Complaint
117

1:17-cv-02192

Second Amended Class Action Complaint

Holden v. the Port Authority of New York and New Jersey

Nov. 28, 2018

Nov. 28, 2018

Complaint
256

1:17-cv-02192

Opinion and Order

Holden v. the Port Authority of New York and New Jersey

521 F.Supp.3d 415

Feb. 22, 2021

Feb. 22, 2021

Order/Opinion
256

1:17-cv-02192

Opinion and Order

Holden & Mejia v. Port Authority of NY and NJ

Feb. 22, 2021

Feb. 22, 2021

Order/Opinion
281-1

1:17-cv-02192

Settlement Agreement

Holden v. the Port Authority of New York and New Jersey

May 31, 2022

May 31, 2022

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4671197/holden-v-the-port-authority-of-new-york-and-new-jersey/

Last updated July 29, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against John Doe Officers 1-4, Shaun Kehoe, Michael Opromalla, The Port Authority Police Department, The Port Authority of New York and New Jersey, John Tone. (Filing Fee $ 400.00, Receipt Number 0208-13468387)Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 Exhibit A - October 7, 2014 New York Times article, # 2 Exhibit B - Complaint: Martinez v. Port Authority, # 3 Exhibit C - October 10, 2014 letter, # 4 Exhibit D - Notice of Claim)(Lane, Thomas) (Entered: 03/27/2017)

1 Exhibit A - October 7, 2014 New York Times article

View on PACER

2 Exhibit B - Complaint: Martinez v. Port Authority

View on PACER

3 Exhibit C - October 10, 2014 letter

View on PACER

4 Exhibit D - Notice of Claim

View on PACER

March 27, 2017

March 27, 2017

Clearinghouse
2

CIVIL COVER SHEET filed. (Lane, Thomas) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

RECAP
3

REQUEST FOR ISSUANCE OF SUMMONS as to The Port Authority of New York and New Jersey, re: 1 Complaint,. Document filed by Cornell Holden, Miguel Mejia. (Lane, Thomas) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to The Port Authority Police Department, re: 1 Complaint,. Document filed by Cornell Holden, Miguel Mejia. (Lane, Thomas) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Michael Opromalla, re: 1 Complaint,. Document filed by Cornell Holden, Miguel Mejia. (Lane, Thomas) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to Shaun Kehoe, re: 1 Complaint,. Document filed by Cornell Holden, Miguel Mejia. (Lane, Thomas) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to John Tone, re: 1 Complaint,. Document filed by Cornell Holden, Miguel Mejia. (Lane, Thomas) (Entered: 03/27/2017)

March 27, 2017

March 27, 2017

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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. (kl)

March 28, 2017

March 28, 2017

PACER

Magistrate Judge James C. Francis IV is so designated. (kl)

March 28, 2017

March 28, 2017

PACER

Case Designated ECF. (kl)

March 28, 2017

March 28, 2017

PACER
8

ELECTRONIC SUMMONS ISSUED as to The Port Authority of New York and New Jersey. (kl) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
9

ELECTRONIC SUMMONS ISSUED as to The Port Authority Police Department. (kl) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
10

ELECTRONIC SUMMONS ISSUED as to Michael Opromalla. (kl) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
11

ELECTRONIC SUMMONS ISSUED as to Shaun Kehoe. (kl) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
12

ELECTRONIC SUMMONS ISSUED as to John Tone. (kl) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
13

AFFIDAVIT OF SERVICE of Summons and Complaint,. The Port Authority of New York and New Jersey served on 3/29/2017, answer due 4/19/2017. Service was accepted by John Herrera, Security Supervisor. Document filed by Cornell Holden ; Miguel Mejia. (Lane, Thomas) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
14

AFFIDAVIT OF SERVICE of Summons and Complaint,. The Port Authority Police Department served on 3/29/2017, answer due 4/19/2017. Service was accepted by John Herrera, Security Supervisor. Document filed by Cornell Holden ; Miguel Mejia. (Lane, Thomas) (Entered: 03/30/2017)

March 30, 2017

March 30, 2017

PACER
15

AFFIDAVIT OF SERVICE of Summons and Complaint,. Shaun Kehoe served on 3/30/2017, answer due 4/20/2017. Service was accepted by Mrs. Kehoe. Document filed by Cornell Holden ; Miguel Mejia. (Lane, Thomas) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
16

AFFIDAVIT OF SERVICE of Summons and Complaint,. Michael Opromalla served on 3/31/2017, answer due 4/21/2017. Service was accepted by Mrs. Opromalla. Document filed by Cornell Holden ; Miguel Mejia. (Lane, Thomas) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
17

NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Tuesday, May 2, 2017, in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. (Pretrial Conference set for 5/2/2017 at 04:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (ras) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
18

NOTICE OF APPEARANCE by Kathleen Gill Miller on behalf of The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
19

NOTICE OF APPEARANCE by Thomas Robert Brophy on behalf of The Port Authority of New York and New Jersey. (Brophy, Thomas) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
20

NOTICE OF APPEARANCE by Cynthia Helen Conti-Cook on behalf of Cornell Holden, Miguel Mejia. (Conti-Cook, Cynthia) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
21

AFFIDAVIT OF SERVICE of Summons and Complaint,. John Tone served on 4/1/2017, answer due 4/24/2017. Service was accepted by Andrea Tone. Document filed by Cornell Holden ; Miguel Mejia. (Lane, Thomas) (Entered: 04/11/2017)

April 11, 2017

April 11, 2017

PACER
22

LETTER MOTION to Adjourn Conference re: pretrial conference scheduled for May 2, 2017, addressed to Judge John G. Koeltl from Thomas Patrick Lane dated 5/1/2017. Document filed by Cornell Holden, Miguel Mejia.(Lane, Thomas) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
23

ORDER: granting 22 Letter Motion to Adjourn Conference. ADJOURNED TO WEDNESDAY, JUNE 14, 2017, at 4:30 PM. SO ORDERED. Pretrial Conference set for 6/14/2017 at 04:30 PM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 5/1/2017) (ap) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
24

LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Kathleen Gill Miller dated 5/1/2017. Document filed by Shaun Kehoe, Michael Opromalla, The Port Authority of New York and New Jersey, John Tone. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miller, Kathleen) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
25

ORDER: granting 24 Letter Motion for Extension of Time to Answer. Time to move or answer extended to 5/19/17. So ordered. Shaun Kehoe answer due 5/19/2017; Michael Opromalla answer due 5/19/2017; The Port Authority Police Department answer due 5/19/2017; The Port Authority of New York and New Jersey answer due 5/19/2017; John Tone answer due 5/19/2017. (Signed by Judge John G. Koeltl on 5/2/2017) (ap) (Entered: 05/03/2017)

May 3, 2017

May 3, 2017

PACER
26

ANSWER to 1 Complaint, with JURY DEMAND. Document filed by Shaun Kehoe, Michael Opromalla, The Port Authority Police Department, The Port Authority of New York and New Jersey, John Tone.(Miller, Kathleen) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

RECAP
27

RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Cornell Holden, Miguel Mejia.(Lane, Thomas) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
28

NOTICE OF APPEARANCE by Dorian Slater Thomas on behalf of Cornell Holden, Miguel Mejia. (Thomas, Dorian) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
29

NOTICE OF APPEARANCE by Ross Mitchell Kramer on behalf of Cornell Holden, Miguel Mejia. (Kramer, Ross) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER

Minute Entry for proceedings held before Judge John G. Koeltl: Scheduling Conference held on 6/19/2017. (Fletcher, Donnie)

June 19, 2017

June 19, 2017

PACER
30

CIVIL SCHEDULING ORDER: Amended Pleadings due by 7/28/2017. Joinder of Parties due by 7/7/2017. Class Action must be made by 12/15/2017; Response due 30 days thereafter; Reply 15 days after response. Dispositive motions, if any, are to be completed by 3/23/2018. Motions in limine or to bifurcate due by 4/13/2018. All Discovery due by 3/2/2018. Pretrial Order due by 4/13/2018. Ready for Trial by 4/27/2018. The estimated trial time is 8 days, and this is a jury trial, and as further set forth in this Civil Scheduling Order. Another Conference 8/3/17 at 4:30PM. (Status Conference set for 8/3/2017 at 04:30 PM before Judge John G. Koeltl). (Signed by Judge John G. Koeltl on 6/19/2017) (rjm) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
31

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery NOT TO ALLOW AN EXTENSION OF TIME TO ADD PARTIES TO THE COMPLAINT addressed to Judge John G. Koeltl from Kathleen Gill Miller dated 6/22/2017. Document filed by Shaun Kehoe, Michael Opromalla, The Port Authority Police Department, The Port Authority of New York and New Jersey, John Tone.(Miller, Kathleen) Modified on 8/23/2017 (ldi). (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
32

ORDER: denying 31 Letter Motion for Discovery. 1.Common Courtesy should have produced an agreement to extend by one week the date to add additional parties. July 14, 2017 is a reasonable date and is so ordered. 2. The parties should agree on a date for initial disclosures or the Court will impose one. 3. The Court expects a stipulated scheduling order by the close of the day today, June 23, 2017. SO ORDERED. (Signed by Judge John G. Koeltl on 6/23/2017) (ama) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER

Set/Reset Deadlines: Joinder of Parties due by 7/14/2017. (ama)

June 23, 2017

June 23, 2017

PACER
33

LETTER MOTION for Extension of Time to Amend, as to deadline to amend pleadings, in regard to Civil Scheduling Order (dkt. entry #30), addressed to Judge John G. Koeltl from Dorian Slater Thomas dated 7/28/2017. Document filed by Cornell Holden, Miguel Mejia.(Thomas, Dorian) (Entered: 07/28/2017)

July 28, 2017

July 28, 2017

PACER
34

ORDER granting 33 Letter Motion for Extension of Time to Amend. Application Granted. So Ordered. (Amended Pleadings due by 9/8/2017.) (Signed by Judge John G. Koeltl on 7/20/17) (yv) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER

Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference held on 8/3/2017. (Fletcher, Donnie)

Aug. 3, 2017

Aug. 3, 2017

PACER
35

LETTER addressed to Judge John G. Koeltl from Dorian Slater Thomas dated September 5, 2017 re: Representation of Jeffrey Reed. Document filed by Cornell Holden, Miguel Mejia.(Thomas, Dorian) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
36

SECOND LETTER MOTION for Extension of Time to Amend pleadings, addressed to Judge John G. Koeltl from Dorian Slater Thomas dated September 7, 2017. Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 Exhibit A - Plaintiffs' First Set of Interrogatories)(Thomas, Dorian) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
37

LETTER RESPONSE to Motion addressed to Judge John G. Koeltl from Kathleen Gill MIller dated 9/8/2017 re: 36 SECOND LETTER MOTION for Extension of Time to Amend pleadings, addressed to Judge John G. Koeltl from Dorian Slater Thomas dated September 7, 2017. . Document filed by Shaun Kehoe, Michael Opromalla, The Port Authority of New York and New Jersey, John Tone. (Miller, Kathleen) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
38

LETTER addressed to Judge John G. Koeltl from Dorian Slater Thomas dated September 8, 2017 re: proposed order to unseal case files of potential class members. Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 Proposed Unsealing Order)(Thomas, Dorian) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
39

ORDER granting 36 Letter Motion for Extension of Time to Amend. APPLICATION GRANTED. SO ORDERED. (Amended Pleadings due by 10/6/2017.) (Signed by Judge John G. Koeltl on 9/8/2017) (anc) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
40

LETTER addressed to Judge John G. Koeltl from Thomas R. Brophy, Esq. dated September 14, 2017 re: Opposition to Plaintiff's Proposed Unsealing Order [Docket #38]. Document filed by Shaun Kehoe, Michael Opromalla, The Port Authority of New York and New Jersey, John Tone.(Brophy, Thomas) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
41

UNSEALING ORDER. IT IS HEREBY ORDERED THAT the Port Authority of New York and New Jersey, the Port Authority of New York and New Jersey Police Department, the Manhattan District Attorney's Office, and the New York State Office of Court Administration shall not be bound by the statutory sealing requirements of CPL§§ 160.50 and 160.55, as it relates to the sealed records of potential members of the alleged class as defined in the Civil Complaint filed in the above captioned matter, for the years 2014 through the present, including those individuals arrested by the Port Authority Police Department at the Port Authority Bus Terminal under N.Y.P.L. §§ 245.00 and 245.01, from 2014 to the present; IT IS FURTHER ORDERED that the aforementioned records shall be disclosed to Kathleen Gill Miller, Counsel for the Port Authority of New York and New Jersey, or her authorized representative; IT IS FURTHER ORDERED that defendants may redact the name and other identifying information concerning the arrestee but are on notice that production of the name and other identifying information may be required to be produced at a later date; and IT IS FURTHER ORDERED that defendants shall produce redacted copies of the aforementioned records to plaintiffs; IT IS FURTHER ORDERED that the aforementioned records shall be deemed confidential and used only for the purposes of this litigation and in accordance with the forthcoming confidentiality agreement. (Signed by Judge John G. Koeltl on 9/14/17) (yv) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER

Transmission to Sealed Records Clerk. Transmitted re: 41 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (yv)

Sept. 14, 2017

Sept. 14, 2017

PACER
42

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 (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. SO ORDERED. (Signed by Judge John G. Koeltl on 9/14/17) (yv) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
43

AMENDED COMPLAINT amending 1 Complaint, against Shaun Kehoe, Michael Opromalla, The Port Authority Police Department, The Port Authority of New York and New Jersey, John Tone, Jordan Esposito, Michael DeMartino, Richard Alymer, Officers John Doe 1-100 with JURY DEMAND.Document filed by Cornell Holden, Miguel Mejia. Related document: 1 Complaint,. (Attachments: # 1 Exhibit A - Oct. 7, 2014 New York Times article, # 2 Exhibit B - Martinez v. Port Authority decision, # 3 Exhibit C - October 10, 2014 letter, # 4 Exhibit D - Notice of Claim)(Lane, Thomas) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
44

REQUEST FOR ISSUANCE OF SUMMONS as to Jordan Esposito, re: 43 Amended Complaint,,. Document filed by Cornell Holden, Miguel Mejia. (Lane, Thomas) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
45

REQUEST FOR ISSUANCE OF SUMMONS as to Michael DeMartino, re: 43 Amended Complaint,,. Document filed by Cornell Holden, Miguel Mejia. (Lane, Thomas) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
46

REQUEST FOR ISSUANCE OF SUMMONS as to Richard Alymer, re: 43 Amended Complaint,,. Document filed by Cornell Holden, Miguel Mejia. (Lane, Thomas) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
47

ELECTRONIC SUMMONS ISSUED as to Michael DeMartino. (pc) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
48

ELECTRONIC SUMMONS ISSUED as to Richard Alymer. (pc) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
49

ELECTRONIC SUMMONS ISSUED as to Jordan Esposito. (pc) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
50

ANSWER to 43 Amended Complaint,, with JURY DEMAND. Document filed by Shaun Kehoe, Michael Opromalla, The Port Authority Police Department, The Port Authority of New York and New Jersey, John Tone.(Miller, Kathleen) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

RECAP

NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robert W. Lehrburger. Please note that this is a reassignment of the designation only. (tro)

Oct. 30, 2017

Oct. 30, 2017

PACER

NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robert W. Lehrburger, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge James C. Francis no longer referred to the case. (tro) Modified on 11/7/2017 (kw).

Oct. 30, 2017

Oct. 30, 2017

PACER
51

NOTICE OF APPEARANCE by Kimberly Forte on behalf of Cornell Holden, Miguel Mejia. (Forte, Kimberly) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
52

LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Robert W. Lehrburger from Dorian Slater Thomas dated November 3, 2017. Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 Exhibit A - draft confidentiality agreement, # 2 Exhibit B - redline of draft confidentiality agreement, # 3 Exhibit C - September 13, 2017 response to redline, # 4 Exhibit D - September 20, 2017 letter, # 5 Exhibit E - proposed stipulation, # 6 Exhibit F updated confidentiality agreement, # 7 Proposed Protective Order)(Thomas, Dorian) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
53

LETTER addressed to Robert W. Lehrburger from Kathleen Gill MIller dated 11/7/2017 re: The Proposed Confidentiality Agreement. Document filed by Shaun Kehoe, Michael Opromalla, The Port Authority of New York and New Jersey, John Tone.(Miller, Kathleen) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
54

ORDER denying without prejudice 52 Letter Motion for Local Rule 37.2 Conference: The parties are directed to (1)consult my Individual Rules Sections II(C) and III(G) regarding protection for confidential information and filing under seal; (2) revise the proposed stipulation and protective order to include the requisite provision; and(3)meet and confer as to whether including the requisite provision moots the disagreement concerning protection of certain information. The requisite provision applies to all pretrial stages of the litigation; whether certain information remains sealed for trial will be a matter for the District Court Judge at the time of trial. If the parties cannot agree at or following the meet and confer, they may reapply to the court for a conference concerning the issue. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
55

ANSWER to 43 Amended Complaint,, with JURY DEMAND. Document filed by Jordan Esposito.(Miller, Kathleen) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
56

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Robert W. Lehrburger from Dorian Slater Thomas dated November 28, 2017. Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 Exhibit A - Proposed revised Confidentiality Agreement, # 2 Exhibit B - November 21, 2017 letter, # 3 Exhibit C - November 21, 2017 letter response)(Thomas, Dorian) Modified on 11/29/2017 (db). (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Dorian Slater Thomas to RE-FILE Document 56 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Robert W. Lehrburger from Dorian Slater Thomas dated November 28, 2017. Use the event type Discovery found under the event list Motion (Letter). (db)

Nov. 29, 2017

Nov. 29, 2017

PACER
57

LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Robert W. Lehrburger from Dorian Slater Thomas dated November 29, 2017. Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 Exhibit A - Proposed revised Confidentiality Agreement, # 2 Exhibit B - November 21, 2017 letter, # 3 Exhibit C - November 21, 2017 letter response)(Thomas, Dorian) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
58

ORDER granting in part and denying in part 57 Letter Motion for Local Rule 37.2 Conference: Request for conference denied as there is no need for one. Consistent with the Court's order stated at the last hearing in this matter, the parties are instructed as follows with respect to the proposed protective order attached as Exhibit A to Plaintiffs' Nov. 28, 2017 letter (Dkt. 56): (1) Strike the first paragraph at the top of page 2 ("It is further stipulated and agreed..."); (2) After Paragraph 8, insert as a separate paragraph the entirety of the Plaintiffs' proposed paragraph contained in Exhibit B to the Nov. 28 letter;(3) execute the revised proposed order, and (4) submit to the Court for approval. SO ORDERED. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
59

LETTER addressed to Robert W. Lehrburger from Dorian Slater Thomas dated December 4, 2017 re: Stipulated Confidentiality Agreement revised pursuant to Order dated November 30, 2017. Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 Stipulated Confidentiality Agreement)(Thomas, Dorian) (Entered: 12/04/2017)

1

View on RECAP

Dec. 4, 2017

Dec. 4, 2017

PACER
60

STIPULATED CONFIDENTIALITY AGREEMENT:...regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Magistrate Judge Robert W. Lehrburger on 12/05/2017) (ama) (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

RECAP
61

LETTER MOTION for Extension of Time to File Motion for Class Certification (unopposed), addressed to Magistrate Judge Robert W. Lehrburger from Dorian Slater Thomas dated December 6, 2017. Document filed by Cornell Holden, Miguel Mejia.(Thomas, Dorian) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
62

ORDER granting 61 Letter Motion for Extension of Time to File Motion for Class Certification. The unopposed request to extend the time for Plaintiffs to file their Motion for Class Certification is granted. Plaintiffs shall have until March 15, 2018 to file their Motion for Class Certification. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
63

ANSWER to 43 Amended Complaint,, with JURY DEMAND. Document filed by Richard Alymer, Michael DeMartino.(Miller, Kathleen) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
64

LETTER addressed to Robert W. Lehrburger from Dorian S. Thomas dated January 12, 2018 re: unsealing of arrest records of potential class members. Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 Exhibit A - list of arrest records, # 2 Exhibit B - proposed unsealing order)(Thomas, Dorian) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
65

UNSEALING ORDER: IT IS HEREBY ORDERED THAT the defendants shall produce to plaintiffs unredacted copies of the records corresponding to the individuals plaintiffs have identified to be contacted for the purpose of being included in the alleged class. IT IS FURTHER ORDERED that the aforementioned records shall be deemed confidential and used only for the purposes of this litigation, in accordance with the Stipulated Confidentiality Agreement dated 12/5/2017 (Dkt. 60). (Signed by Magistrate Judge Robert W. Lehrburger on 1/16/2018) (mro) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER
66

LETTER MOTION to Seal Document or For The Order of January 16, 2018 be Vacated or Modified to Protect The Incomparably Serious Privacy Interests at Issue. addressed to Magistrate Judge Robert W. Lehrburger from Kathleen Gill Miller dated 1/26/2018. Document filed by The Port Authority of New York and New Jersey.(Miller, Kathleen) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
67

ORDER: The Court is in receipt of Defendants' January 26, 2018 letter. The Court will not rule on the letter at this time. However, the Court hereby stays production of the information otherwise required by the Court's January 16, 2018 Order. The parties shall meet and confer on a feasible process, if any, for contacting potential class members that appropriately balances arrestees' privacy interests with plaintiffs' needs. The parties shall file a letter with their joint proposal no later than February 5, 2018. If the parties cannot agree, they shall contact my Courtroom Deputy to schedule a conference. (Signed by Magistrate Judge Robert W. Lehrburger on 1/29/2018) Copies Transmitted By Chambers. (ras) Modified on 1/29/2018 (ras). (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
68

LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge John G. Koeltl from Kathleen Gill Miller dated 1/30/2018. Document filed by Richard Alymer, Michael DeMartino, Jordan Esposito, Shaun Kehoe, Michael Opromalla, The Port Authority of New York and New Jersey, John Tone.(Miller, Kathleen) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
69

NOTICE OF APPEARANCE by Seth Eliot Spitzer on behalf of Cornell Holden, Miguel Mejia. (Spitzer, Seth) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
70

MOTION for Dorian Slater Thomas to Withdraw as Attorney . Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 Text of Proposed Order)(Lane, Thomas) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
71

DECLARATION of Thomas Patrick Lane in Support re: 70 MOTION for Dorian Slater Thomas to Withdraw as Attorney .. Document filed by Cornell Holden, Miguel Mejia. (Lane, Thomas) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
72

MOTION for Daniel R. McNeely to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14639053. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 Declaration of Daniel R. McNeely, # 2 Exhibit A - Certificate - IL, # 3 Exhibit B - Certificate - DC, # 4 Text of Proposed Order)(McNeely, Daniel) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 72 MOTION for Daniel R. McNeely to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14639053. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Jan. 30, 2018

Jan. 30, 2018

PACER
73

ORDER FOR ADMISSION PRO HAC VICE granting 72 Motion for Daniel R. McNeely to Appear Pro Hac Vice. (Signed by Magistrate Judge Robert W. Lehrburger on 1/31/2018) (anc) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
74

ORDER ON MOTION TO WITHDRAW AS ATTORNEY granting 70 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Mr. Thomas is withdrawn as a counsel of record, that his appearance is deemed withdrawn as of the date of this order, and that his email address be removed from the Court's ECF service list in the above-captioned matter. All future pleadings, notices, and other documents are to be served on the remaining counsel of record for Plaintiffs. (Attorney Dorian Slater Thomas terminated.) (Signed by Magistrate Judge Robert W. Lehrburger on 1/31/2018) (anc) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
75

ORDER granting 68 Letter Motion for Extension of Time to File Response/Reply/ Application granted. So ordered. (Signed by Judge John G. Koeltl on 1/31/2018) (anc) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
76

JOINT LETTER addressed to Robert W. Lehrburger from Daniel R. McNeely and Kathleen Gill Miller dated February 5, 2018 re: joint proposal for contacting potential class members. Document filed by Cornell Holden, Miguel Mejia.(McNeely, Daniel) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER

NOTICE of Hearing: Telephone Conference set for 2/7/2018 at 11:00 AM before Magistrate Judge Robert W. Lehrburger. Parties shall jointly call the chambers conference line at (212) 805-0113.(rsh)

Feb. 6, 2018

Feb. 6, 2018

PACER

Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference held on 2/7/2018 at 11:00 a.m. (rsh)

Feb. 7, 2018

Feb. 7, 2018

PACER

ORDER: Pursuant to the telephone conference held today, the parties shall submit their proposed revised schedule by February 19, 2018. (Signed by Magistrate Judge Robert W. Lehrburger on 2/7/2018) (Lehrburger, Robert)

Feb. 7, 2018

Feb. 7, 2018

PACER
77

JOINT LETTER MOTION for Extension of Time re: fact discovery and to file motion for class certification, addressed to Magistrate Judge Robert W. Lehrburger from Daniel R. McNeely and Kathleen Gill Miller dated February 16, 2018. Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 [Proposed] Amended Scheduling Order)(McNeely, Daniel) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
78

AMENDED SCHEDULING ORDER granting 77 Letter Motion for Extension of Time. Except for good cause show, all discovery shall be commenced in time to be completed by 8/31/2018. The Motion for Class Certification shall be served and filed no later than 9/13/2018. The estimated trial time is 8 days and this is a jury trial. (Signed by Magistrate Judge Robert W. Lehrburger on 2/16/2018) (mro) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
79

LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Robert W. Lehrburger from Daniel McNeely dated February 20, 2018. Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 Exhibit A - Ltr. to K. Miller, Sept. 20, 2017, # 2 Exhibit B - Ltr. to D. Thomas, Nov. 21, 2017, # 3 Exhibit C - Ltr. to D. Thomas, Dec. 13, 2017, # 4 Exhibit D - Ltr. to K. Miller, Nov. 17, 2017, # 5 Exhibit E - Ltr. to K. Miller, Dec. 7, 2017, # 6 Exhibit F - Ltr. to K. Miller, Dec. 13, 2017)(McNeely, Daniel) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
80

LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Kathleen Gill Miller dated 2/23/2018 re: 79 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Robert W. Lehrburger from Daniel McNeely dated February 20, 2018. . Document filed by The Port Authority of New York and New Jersey. (Miller, Kathleen) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
81

ORDER denying 79 Letter Motion for Local Rule 37.2 Conference. This resolves the letter motion at Dkt. 79. Plaintiffs' letter motion to compel and for sanctions regarding information from Defendants' personal cell phones is DENIED. The arrests at issue were made in 2014. This case was filed in 2017. Plaintiffs provide no basis to believe that any of the 59 officers' personal cell phones have had or would be likely to have had information relevant to the events in this case. Rather, Plaintiffs speculate that the officers may have used their cell phones in connection with official business or while off duty. Plaintiffs selectively quote from a Port Authority Operations Order that says, "A cellular phone can be a useful alternative for conducting official business, when conveying information that would be inappropriate to transmit over a Department radio." But the immediately preceding sentence makes clear that cellular phones generally are not to be used, stating that "cellular phones are not a substitute for the use of Department radios and members are required to use Department radios for communications in the field, whenever possible." If Plaintiffs obtain information in discovery - such as through interrogatories or deposition testimony - that Defendants actually used their personal cell phones in connection with the arrests and events in this case, then Plaintiffs may have a basis to renew their request. But at this juncture, the request for cell phone data is not proportional to the needs of the case. (Signed by Magistrate Judge Robert W. Lehrburger on 2/26/2018) (mml) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
82

LETTER addressed to Robert W. Lehrburger from Daniel R. McNeely dated March 28, 2018 re: letter to potential plaintiffs, and consent form. Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 Exhibit A1 - Plaintiffs' version of draft letter to potential class members, # 2 Exhibit A2 - Defendants' version of draft letter to potential class members, # 3 Exhibit B - Consent form, # 4 Exhibit C - Stipulation)(McNeely, Daniel) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER
83

ORDER: The Court is in receipt of the parties' joint letter (Dkt. 82) concerning wording of notice to potential class members. With respect to the specific issue in dispute, the parties shall use Plaintiffs' proposed letter, with one alteration: reference to the PAPD should come after, not before, reference to the Port Authority. Additionally, the parties shall change the last four digits of the court phone number appearing at the bottom of the page (or any other place) to "0248". The Court looks forward to receiving the revised materials. (Signed by Magistrate Judge Robert W. Lehrburger on 3/29/2018) (Lehrburger, Robert) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
84

LETTER addressed to Robert W. Lehrburger from Kathleen Gill Miller dated 3/29/2018 re: Reponse to Plaintiff's Letter. Document filed by The Port Authority of New York and New Jersey.(Miller, Kathleen) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER

ORDER: The Court is in receipt of the Port Authority's letter filed today (Dkt. 84). The Court had understood (apparently incorrectly) Plaintiff's letter filed yesterday to be a joint letter for all parties. The Court's ruling issued earlier today concerning the content of the letter to be sent to prospective plaintiffs stands. However, that ruling is not, and should not be construed as, a recognition of whether or not the PAPD is an independently suable entity. (Signed by Magistrate Judge Robert W. Lehrburger on 3/29/2018) (Lehrburger, Robert)

March 29, 2018

March 29, 2018

PACER
85

LETTER addressed to Robert W. Lehrburger from Daniel R. McNeely dated April 2, 2018 re: Procedural stipulation regarding the letter to potential plaintiffs. Document filed by Cornell Holden, Miguel Mejia. (Attachments: # 1 Stipulated Procedural Agreement for Contacting Potential Plaintiffs, # 2 Exhibit A to Stipulation - Letter to potential plaintiffs, # 3 Exhibit B to Stipulation - Consent form)(McNeely, Daniel) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: March 27, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals arrested while using Port Authority Bus Terminal bathrooms, allegedly on the basis of perceived gender identity or sexual orientation.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Amount Defendant Pays: 40000

Order Duration: 2022 - 2022

Content of Injunction:

Discrimination Prohibition

Implement complaint/dispute resolution process

Provide antidiscrimination training

Issues

General:

Bathrooms

Failure to supervise

Failure to train

False arrest

Gay/lesbian/transgender

Discrimination-basis:

Gender identity

Sexual orientatation

Affected Gender:

Male