Case: Walker v. The City of New York

1:17-cv-03234 | U.S. District Court for the Eastern District of New York

Filed Date: May 30, 2017

Case Ongoing

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Case Summary

This is a case alleging discrimination and mistreatment based on disability committed by the New York Police Department (NYPD) and New York Department of Corrections, and several officers of each, in the arrest and detention of individuals with physical disabilities. On April 10, 2015, plaintiff, who uses a wheelchair, was arrested in his home and taken to Brooklyn Central Booking (BCB). During his 42-hour detention, he was deprived of his wheelchair and any accommodation to access food, water, or to move throughout his cell. Subsequently, he filed this suit in the U.S. District Court for the Eastern District of New York against the City of New York on May 30, 2017, alleging violations of the ADA, discrimination on the basis of his disability in violation of the Rehabilitation Act, and unconstitutional conditions of confinement and deprivation of rights under the Fourth and Fourteenth Amendments. Represented by a civil rights law firm, the plaintiff sought punitive and compensatory damages, as well as attorneys’ fees and costs. The case was assigned to Judge Raymond J. Dearie and Magistrate Judge Cheryl L. Pollak.

The case, which was initially filed as an individual action, focused on the injuries plaintiff sustained during his arrest and detention. When the plaintiff was taken to BCB, he was taken out of his wheelchair and placed on the concrete floor which was covered in urine, toilet paper, spit, and remnants of meals and vermin. Plaintiff, who had very limited use of his legs and required a urine bag, was forced to use his hands to drag himself toward the toilet each time he needed to empty the bag. In addition to his alleged mistreatment while detained, plaintiff alleged that he was held longer than other similarly situated detainees solely due to his disability.

On September 20, 2017, plaintiff filed a consent motion to consolidate his case with another suit against the City of New York for allegations of mistreatment based on disability in violation of the ADA, Rehabilitation Act, and Fourth and Fourteenth Amendment. The plaintiff in the second case also used a wheelchair, was arrested by NYPD, and taken to BCB. While at BCB, the plaintiff was told he could not remain in his cell if he wanted to use his wheelchair, so he was handcuffed to the bars on the outside of the cell and thus immobilized. He then was transferred back into the cell, this time without use of his wheelchair, again immobilized. For the entire 12 hours of his detention, plaintiff was denied necessary accommodations to access a bathroom, food, or water. In addition to his alleged mistreatment while detained, plaintiff alleged that he was held longer than other similarly situated detainees solely due to his disability.

Judge Dearie granted the motion to consolidate the cases on October 17, 2017. On February 2, 2018, plaintiffs filed an amended complaint to reflect the consolidation as well as to seek certification of two classes, and injunctive class and a damages class, consisting of persons with mobility disabilities taken into police custody and processed through a precinct or central booking.

On August 2, 2018, Disability Rights New York (DRNY) filed a motion to intervene as plaintiff in its representational capacity, and to file a second amended complaint. Judge Dearie granted the motion to intervene on August 8, 2018. After DRNY intervened, plaintiffs filed a second amended class action complaint to reflect DRNY's addition as counsel and as an intervening party, as well as the addition of a second named plaintiff.

On August 3, 2018, the City of New York offered the original plaintiff an offer of judgment pursuant to Federal Rule of Civil Procedure 68 resolve the claims brought on his behalf individually. The original plaintiff accepted this offer the same day, and on October 29, 2018 the court entered a judgment of $50,001 plus reasonable attorney's fees through July 20, 2018, thus removing the original plaintiff from the class. The original plaintiff's case was officially dismissed by the court on December 21, 2018.

After the original named plaintiff was removed from the class, on July 8, 2020 the remaining plaintiffs stipulated to a voluntary dismissal of all defendants concerning the arrest of the original defendant. The class proceeded with routine, lengthy discovery, including multiple motions to compel discovery filed by DRNY between January, 2019 and August, 2020. On May 20, 2021, plaintiffs filed a third amended class action complaint to more accurately reflect the named defendants listed in the complaint.

After a number of extension requests from both parties as well as conferencing with Magistrate Judge Taryn A. Merkl, who took over the case from Magistrate Judge Pollak, in June 2021, the parties set a schedule for filing and briefing the motion for class certification, with initial filings due in September 2022. As of October 1, 2022, the case remains ongoing.

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Summary Authors

Elena Meth (10/1/2022)

Documents in the Clearinghouse

	Document
1 1:17-cv-03234	Complaint	May 30, 2017	May 30, 2017 Complaint
19 1:17-cv-03234	First Amended Class Action Complaint	Feb. 2, 2018	Feb. 2, 2018 Complaint
66 1:17-cv-03234	Judgment Pursuant to Rule 68	Oct. 29, 2018	Oct. 29, 2018 Order/Opinion
72 1:17-cv-03234	Order Dismissing Case	Dec. 21, 2018	Dec. 21, 2018 Order/Opinion
124 1:17-cv-03234	Amended Complaint Heggs v. The City of New York	May 20, 2021	May 20, 2021 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7012774/walker-v-the-city-of-new-york/

Last updated May 18, 2023, 3:01 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT Jury Trial Demanded against John Does, 1-6, The City of New York filing fee $ 400, receipt number 0207-9562709 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Baron Walker. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Cassell-Stiga, Gillian) (Entered: 05/30/2017) 1 Civil Cover Sheet View on PACER 2 Proposed Summons View on PACER	May 30, 2017	May 30, 2017 Clearinghouse
2	This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 06/01/2017)	June 1, 2017	June 1, 2017 PACER
3	NOTICE of Change of Address/Firm by Gillian R Cassell-Stiga (Cassell-Stiga, Gillian) (Entered: 06/01/2017)	June 1, 2017	June 1, 2017 PACER
4	Civil Cover Sheet.. Re 1 Complaint, 2 Quality Control Check - Attorney Case Opening by Baron Walker (Cassell-Stiga, Gillian) (Entered: 06/01/2017)	June 1, 2017	June 1, 2017 PACER
5	In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 06/02/2017)	June 2, 2017	June 2, 2017 PACER
6	Summons Issued as to The City of New York. (Davis, Kimberly) (Entered: 06/02/2017)	June 2, 2017	June 2, 2017 PACER
	Case Assigned to Judge Raymond J. Dearie and Magistrate Judge Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)	June 2, 2017	June 2, 2017 PACER
7	NOTICE of Appearance by Michael Louis Spiegel on behalf of Baron Walker (aty to be noticed) (Spiegel, Michael) (Entered: 06/08/2017)	June 8, 2017	June 8, 2017 PACER
8	SUMMONS Returned Executed by Baron Walker. The City of New York served on 6/9/2017, answer due 6/30/2017. (Rankin, David) (Entered: 06/09/2017)	June 9, 2017	June 9, 2017 PACER
9	NOTICE of Appearance by Evan Robert Schnittman on behalf of The City of New York (aty to be noticed) (Schnittman, Evan) (Entered: 06/28/2017)	June 28, 2017	June 28, 2017 PACER
10	MOTION for Extension of Time to File Answer re 1 Complaint, from June 30, 2017 to August 29, 2017 by The City of New York. (Schnittman, Evan) (Entered: 06/28/2017)	June 28, 2017	June 28, 2017 PACER
11	ENDORSED LETTER ORDER granting 10 Motion for Extension of Time to Answer. Request granted - 8/29/2017. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/29/2017. (Singer, Jacob) (Entered: 06/29/2017)	June 29, 2017	June 29, 2017 PACER
12	SCHEDULING ORDER: An Initial Conference is set for 9/26/2017 @ 11:30 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/5/2017. (Caggiano, Diana) (Entered: 07/05/2017)	July 5, 2017	July 5, 2017 PACER
13	ANSWER to 1 Complaint, by The City of New York. (Schnittman, Evan) (Entered: 08/26/2017)	Aug. 26, 2017	Aug. 26, 2017 PACER
14	Consent MOTION to Consolidate Cases by Baron Walker. (Attachments: # 1 Exhibit 1 Walker Complaint, # 2 Exhibit 2 Wyatt Complaint) (Cassell-Stiga, Gillian) (Entered: 09/20/2017)	Sept. 20, 2017	Sept. 20, 2017 PACER
15	Consent MOTION to Consolidate Cases by Baron Walker. (Attachments: # 1 Exhibit 1 Walker Complaint, # 2 Exhibit 2 Wyatt Complaint) (Cassell-Stiga, Gillian) (Entered: 09/20/2017)	Sept. 20, 2017	Sept. 20, 2017 PACER
	ELECTRONIC ORDER: In light of 14 - 15, the initial conference previously set for 9/26/17 is adjourned sine die. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/25/2017. (Rutbeck-Goldman, Ariela)	Sept. 25, 2017	Sept. 25, 2017 PACER
	ELECTRONIC ORDER finding as moot 15 Motion to Consolidate Cases. Motion was granted. See electronic order of 10/17/2017. So Ordered by Judge Raymond J. Dearie on 10/17/2017. (Mulqueen, Ellen)	Oct. 17, 2017	Oct. 17, 2017 PACER
	ELECTRONIC ORDER granting 14 Motion to Consolidate Cases as follows: Walker -v- City CV 17-3234 and Wyatt -v- City CV 17-3236 are consolidated for discovery purposes. So Ordered by Judge Raymond J. Dearie on 10/17/2017. (Mulqueen, Ellen)	Oct. 17, 2017	Oct. 17, 2017 PACER
	ELECTRONIC SCHEDULING ORDER: An Initial Conference is set for 11/15/2017 @ 9:00 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/18/2017. (Caggiano, Diana)	Oct. 18, 2017	Oct. 18, 2017 PACER
16	MINUTE ENTRY for proceedings held before Magistrate Judge Cheryl L. Pollak: Initial Conference held on 11/15/2017. Mandatory disclosures due 11/22/17. Parties to exchange document requests and interrogatories by 12/15/17; responses due 1/19/18. Complaint to be amended by 2/2/18. Settlement Conference set for 2/12/18 at 2 p.m. (Rutbeck-Goldman, Ariela) (Entered: 11/15/2017)	Nov. 15, 2017	Nov. 15, 2017 PACER
17	MOTION for Protective Order by The City of New York. (Attachments: # 1 Proposed Order Stipulation and Protective Order) (Schnittman, Evan) (Entered: 11/15/2017)	Nov. 15, 2017	Nov. 15, 2017 PACER
18	ORDER granting 17 Motion for Protective Order. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/21/17. (Caggiano, Diana) (Entered: 11/22/2017)	Nov. 22, 2017	Nov. 22, 2017 PACER
19	AMENDED COMPLAINT against John Does, 1-6, The City of New York, James P. O'Neill, MICHAEL G. PARKS, EDWARD NAJARRO, COLON, SCHWAB, ROBERT NELSON, Raymond Gonzalez, Jason Whyte, BRENDA VASQUEZ, DAN OSPINA, EDWARD VAVRUICK, JERRY SUKHNANDAN, filed by Baron Walker. (Cassell-Stiga, Gillian) (Entered: 02/02/2018)	Feb. 2, 2018	Feb. 2, 2018 Clearinghouse
20	Proposed Summons. by Baron Walker (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons, # 9 Proposed Summons) (Cassell-Stiga, Gillian) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 PACER
21	Consent MOTION to Adjourn Conference (on Settlement, scheduled for February 12th) by Baron Walker. (Cassell-Stiga, Gillian) (Entered: 02/07/2018)	Feb. 7, 2018	Feb. 7, 2018 PACER
	ELECTRONIC ORDER granting 21 Motion to Adjourn Conference. Settlement Conference is adjourned to 3/9/2018 @ 3:00 PM. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/8/2018. (Caggiano, Diana)	Feb. 8, 2018	Feb. 8, 2018 PACER
22	Summons Issued as to Raymond Gonzalez,Edward Najarro, Robert Nelson, James P. O'Neill, Dan Ospina, Micheal G. Parks, Jerry Sukhnanadan, Brenda Vasquez, Edward Vavruick, and Jason Whyte. (Attachments: # 1 Michael Parks, # 2 Edward Najarro, # 3 Robert Nelson, # 4 Raymond Gonzalez, # 5 Jason Whyte, # 6 Brenda Vasquez, # 7 Dan Ospina, # 8 Edward Vavruick, # 9 Jerry Sukhnandan) (Ramesar, Thameera) (Entered: 02/14/2018)	Feb. 14, 2018	Feb. 14, 2018 PACER
23	MOTION for Extension of Time to File Answer re 19 Amended Complaint, by The City of New York. (Schnittman, Evan) (Entered: 02/14/2018)	Feb. 14, 2018	Feb. 14, 2018 PACER
24	ENDORSED LETTER ORDER granting 23 So Ordered by Magistrate Judge Cheryl L. Pollak on 2/15/2018. (Caggiano, Diana) (Entered: 02/15/2018)	Feb. 15, 2018	Feb. 15, 2018 PACER
25	SUMMONS Returned Executed by Baron Walker. ROBERT NELSON served on 2/28/2018, answer due 3/21/2018. (Cassell-Stiga, Gillian) (Entered: 03/01/2018)	March 1, 2018	March 1, 2018 PACER
26	SUMMONS Returned Executed by Baron Walker. James P. O'Neill served on 2/28/2018, answer due 3/21/2018. (Cassell-Stiga, Gillian) (Entered: 03/01/2018)	March 1, 2018	March 1, 2018 PACER
27	SUMMONS Returned Executed by Baron Walker. EDWARD VAVRUICK served on 3/2/2018, answer due 3/23/2018. (Cassell-Stiga, Gillian) (Entered: 03/09/2018)	March 9, 2018	March 9, 2018 PACER
28	SUMMONS Returned Executed by Baron Walker. JERRY SUKHNANDAN served on 3/8/2018, answer due 3/29/2018. (Cassell-Stiga, Gillian) (Entered: 03/09/2018)	March 9, 2018	March 9, 2018 PACER
29	SUMMONS Returned Executed by Baron Walker. DAN OSPINA served on 3/8/2018, answer due 3/29/2018. (Cassell-Stiga, Gillian) (Entered: 03/09/2018)	March 9, 2018	March 9, 2018 PACER
30	MINUTE ENTRY for proceedings held before Magistrate Judge Cheryl L. Pollak: Settlement Conference held on 3/9/2018. Parties continue to explore settlement. Parties are given 45 days to confer on changes to the process and efforts to make precincts/transport ADA compliant. Plaintiff to issue authorizations for medical records and if needed obtain So Ordered subpoenas from this Court. Settlement Conference set for 5/2/2018 at 3:00 p.m. (Rutbeck-Goldman, Ariela) (Entered: 03/09/2018)	March 9, 2018	March 9, 2018 PACER
31	Second MOTION for Extension of Time to File Answer re 19 Amended Complaint, by The City of New York. (Schnittman, Evan) (Entered: 03/14/2018)	March 14, 2018	March 14, 2018 PACER
32	ENDORSED LETTER ORDER granting 31 . The defendants shall answer or otherwise respond to the Amended Complaint by 5/18/2018. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/15/2018. (Blase, Brendan) (Entered: 03/15/2018)	March 15, 2018	March 15, 2018 PACER
33	SUMMONS Returned Executed by Baron Walker. Raymond Gonzalez served on 3/12/2018, answer due 5/18/2018. (Cassell-Stiga, Gillian) (Entered: 03/20/2018)	March 20, 2018	March 20, 2018 PACER
34	SUMMONS Returned Executed by Baron Walker. MICHAEL G. PARKS served on 3/12/2018, answer due 5/18/2018. (Cassell-Stiga, Gillian) (Entered: 03/20/2018)	March 20, 2018	March 20, 2018 PACER
35	Proposed Summons. by Baron Walker (Cassell-Stiga, Gillian) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018 PACER
36	Summons Issued as to SCHWAB. (Ramesar, Thameera) (Entered: 04/18/2018)	April 18, 2018	April 18, 2018 PACER
37	SUMMONS Returned Executed by Baron Walker. BRENDA VASQUEZ served on 4/12/2018, answer due 5/18/2018. (Cassell-Stiga, Gillian) (Entered: 04/18/2018)	April 18, 2018	April 18, 2018 PACER
38	SUMMONS Returned Executed by Baron Walker. EDWARD NAJARRO served on 4/12/2018, answer due 5/18/2018. (Cassell-Stiga, Gillian) (Entered: 04/18/2018)	April 18, 2018	April 18, 2018 PACER
39	Consent MOTION to Adjourn Conference (Settlement) by Baron Walker. (Cassell-Stiga, Gillian) (Entered: 04/18/2018)	April 18, 2018	April 18, 2018 PACER
40	ENDORSED LETTER ORDER granting 39 Motion to Adjourn Conference. Settlement Conference is adjourned to 6/8/2018 @ 2:00 PM. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/19/2018. (Caggiano, Diana) (Entered: 04/19/2018)	April 19, 2018	April 19, 2018 PACER
41	NOTICE of Appearance by Evan Robert Schnittman on behalf of COLON, Raymond Gonzalez, EDWARD NAJARRO, ROBERT NELSON, James P. O'Neill, DAN OSPINA, MICHAEL G. PARKS, SCHWAB, JERRY SUKHNANDAN, BRENDA VASQUEZ, EDWARD VAVRUICK (aty to be noticed) (Schnittman, Evan) (Entered: 04/27/2018)	April 27, 2018	April 27, 2018 PACER
42	Proposed Summons. by Baron Walker (Cassell-Stiga, Gillian) (Entered: 05/01/2018)	May 1, 2018	May 1, 2018 PACER
43	Summons Issued as to COLON. (Ramesar, Thameera) (Entered: 05/02/2018)	May 2, 2018	May 2, 2018 PACER
44	SUMMONS Returned Executed by Baron Walker. COLON served on 5/2/2018, answer due 5/23/2018. (Cassell-Stiga, Gillian) (Entered: 05/02/2018)	May 2, 2018	May 2, 2018 PACER
45	SUMMONS Returned Executed by Baron Walker. SCHWAB served on 5/1/2018, answer due 5/22/2018. (Cassell-Stiga, Gillian) (Entered: 05/02/2018)	May 2, 2018	May 2, 2018 PACER
46	ANSWER to 19 Amended Complaint, by COLON, Raymond Gonzalez, EDWARD NAJARRO, ROBERT NELSON, James P. O'Neill, DAN OSPINA, MICHAEL G. PARKS, SCHWAB, JERRY SUKHNANDAN, The City of New York, BRENDA VASQUEZ, EDWARD VAVRUICK. (Schnittman, Evan) (Entered: 05/16/2018)	May 16, 2018	May 16, 2018 PACER
47	Consent MOTION for Settlement Conference to Permit Plaintiff to Appear by Phone if Necessary on June 8, 2018 by Baron Walker. (Cassell-Stiga, Gillian) (Entered: 06/01/2018)	June 1, 2018	June 1, 2018 PACER
48	ENDORSED LETTER ORDER granting 47 Request granted. Stipulation of discontinuance to be filed within 45 days - 7/16/2018. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/1/2018. (Caggiano, Diana) (Entered: 06/01/2018)	June 1, 2018	June 1, 2018 RECAP
	ORDER clarifying 48 : Stipulation due only in Wyatt case. Status/Settlement Conference in Walker case to proceed on 6/8/18 at 2:00 p.m., with plaintiff Walker's personal appearance excused. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/4/2018. (Rutbeck-Goldman, Ariela)	June 4, 2018	June 4, 2018 PACER
49	MINUTE ENTRY for Settlement Conference proceeding held before MJ Pollak on 6/8/2018. Appearance for Plaintiff: Gillian R Cassell-Stiga. Appearance for Defendant: Evan Robert Schnittman. Settlement appearans unlikely. Plaintiff to file motion to compel by 6/22/2018 - response 7/9/2018. (Caggiano, Diana) (Entered: 06/08/2018)	June 8, 2018	June 8, 2018 PACER
50	Consent MOTION for Leave to File Excess Pages by Baron Walker. (Cassell-Stiga, Gillian) (Entered: 06/20/2018)	June 20, 2018	June 20, 2018 PACER
	ELECTRONIC ORDER granting 50 Motion for Leave to File Excess Pages. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/21/2018. (Caggiano, Diana)	June 21, 2018	June 21, 2018 PACER
51	First MOTION to Compel by Baron Walker. (Attachments: # 1 Exhibit A - First Request, # 2 Exhibit B - Response, # 3 Exhibit C - Second Requests, # 4 Exhibit D - Response, # 5 Exhibit E - Deficiency Letter, # 6 Exhibit F - Deficiency Letter, # 7 Exhibit G - Responses, # 8 Exhibit H - ZOLPA, # 9 Exhibit I - Patrol Guide, # 10 Exhibit J - Command Log & Prisoner Roster, # 11 Exhibit K - Operations Order) (Cassell-Stiga, Gillian) (Entered: 06/22/2018)	June 22, 2018	June 22, 2018 PACER
52	RESPONSE in Opposition re 51 First MOTION to Compel filed by COLON, Raymond Gonzalez, EDWARD NAJARRO, ROBERT NELSON, James P. O'Neill, DAN OSPINA, MICHAEL G. PARKS, SCHWAB, JERRY SUKHNANDAN, The City of New York, BRENDA VASQUEZ, EDWARD VAVRUICK. (Attachments: # 1 Exhibit A - City Defendants' July 2, 2018 Letter, # 2 Exhibit B - City Defendants' July 5, 2018 Letter, # 3 Exhibit C - City Defendants' July 9, 2018 Letter) (Schnittman, Evan) (Entered: 07/09/2018)	July 9, 2018	July 9, 2018 PACER
53	Consent MOTION for Extension of Time to File Response/Reply as to 51 First MOTION to Compel, 52 Response in Opposition to Motion, by Baron Walker. (Cassell-Stiga, Gillian) (Entered: 07/10/2018)	July 10, 2018	July 10, 2018 PACER
	ORDER granting 53 : Reply due by 7/13/2018. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/11/2018. (Rutbeck-Goldman, Ariela)	July 11, 2018	July 11, 2018 PACER
54	Consent MOTION for Leave to File Excess Pages by Baron Walker. (Cassell-Stiga, Gillian) (Entered: 07/13/2018)	July 13, 2018	July 13, 2018 PACER
55	REPLY in Support re 51 First MOTION to Compel filed by Baron Walker. (Cassell-Stiga, Gillian) (Entered: 07/13/2018)	July 13, 2018	July 13, 2018 PACER
	ORDER finding as moot 54 per 55 . So Ordered by Magistrate Judge Cheryl L. Pollak on 7/16/2018. (Rutbeck-Goldman, Ariela)	July 16, 2018	July 16, 2018 PACER
56	NOTICE of Appearance by Luna Droubi on behalf of Baron Walker (aty to be noticed) (Droubi, Luna) (Entered: 07/31/2018)	July 31, 2018	July 31, 2018 PACER
57	NOTICE of Appearance by Megan Williams on behalf of All Plaintiffs (aty to be noticed) (Williams, Megan) (Entered: 08/01/2018)	Aug. 1, 2018	Aug. 1, 2018 PACER
58	NOTICE of Appearance by Gillian R Cassell-Stiga on behalf of Milan Heggs (aty to be noticed) (Cassell-Stiga, Gillian) (Entered: 08/02/2018)	Aug. 2, 2018	Aug. 2, 2018 PACER
59	NOTICE of Appearance by Megan Williams on behalf of Disability Rights New York (aty to be noticed) (Williams, Megan) (Entered: 08/02/2018)	Aug. 2, 2018	Aug. 2, 2018 PACER
60	Joint MOTION to Intervene, Joint MOTION to Amend/Correct/Supplement 19 Amended Complaint, by Disability Rights New York, Milan Heggs, Baron Walker. (Attachments: # 1 Exhibit A) (Cassell-Stiga, Gillian) (Entered: 08/02/2018)	Aug. 2, 2018	Aug. 2, 2018 RECAP
61	RESPONSE to Motion re 60 Joint MOTION to Intervene Joint MOTION to Amend/Correct/Supplement 19 Amended Complaint, filed by COLON, Raymond Gonzalez, EDWARD NAJARRO, ROBERT NELSON, James P. O'Neill, DAN OSPINA, MICHAEL G. PARKS, SCHWAB, JERRY SUKHNANDAN, The City of New York, BRENDA VASQUEZ, EDWARD VAVRUICK. (Attachments: # 1 Exhibit A - Rule 68 Offer to Plaintiff Walker, # 2 Exhibit B - Plaintiff Walker's Acceptance of Rule 68 Offer) (Schnittman, Evan) (Entered: 08/07/2018)	Aug. 7, 2018	Aug. 7, 2018 PACER
	ORDER granting 60 Motion to Intervene; deferring ruling on 60 Motion to Amend: Motion to Intervene granted on consent. Motion to Amend deferred pending Plaintiff's counsel's response. So ordered by Judge Raymond J. Dearie on 8/8/2018.(Ryan, Victoria)	Aug. 8, 2018	Aug. 8, 2018 PACER
62	REPLY in Support re 60 Joint MOTION to Intervene Joint MOTION to Amend/Correct/Supplement 19 Amended Complaint,, Order on Motion to Intervene,, Order on Motion to Amend/Correct/Supplement, filed by Disability Rights New York, Milan Heggs, Baron Walker. (Cassell-Stiga, Gillian) (Entered: 08/14/2018)	Aug. 14, 2018	Aug. 14, 2018 PACER
63	NOTICE of Appearance by Son Ky Le on behalf of COLON, Raymond Gonzalez, EDWARD NAJARRO, ROBERT NELSON, James P. O'Neill, DAN OSPINA, MICHAEL G. PARKS, SCHWAB, JERRY SUKHNANDAN, The City of New York, BRENDA VASQUEZ, EDWARD VAVRUICK (aty to be noticed) (Le, Son) (Entered: 10/11/2018)	Oct. 11, 2018	Oct. 11, 2018 PACER
	ORDER granting 60 Motion to Amend/Correct/Supplement on consent. In lieu of the schedule proposed in the letter 62 filed August 14, 2018: Plaintiff will file the Second Amended Class Action Complaint by October 18, 2018. Plaintiff is directed to submit a proposed Judgment arising from plaintiff Walker's acceptance of the Rule 68 offer within five days of the filing of the amended complaint. So ordered by Judge Raymond J. Dearie on 10/11/2018. (Ryan, Victoria)	Oct. 11, 2018	Oct. 11, 2018 PACER
64	AMENDED COMPLAINT Second Amended Class Action Complaint against COLON, John Does, 1-6, Raymond Gonzalez, EDWARD NAJARRO, ROBERT NELSON, James P. O'Neill, DAN OSPINA, MICHAEL G. PARKS, SCHWAB, JERRY SUKHNANDAN, The City of New York, BRENDA VASQUEZ, EDWARD VAVRUICK, Jason Whyte, Robert Bernhardt, filed by Disability Rights New York, Milan Heggs, Baron Walker. (Attachments: # 1 Proposed Summons, # 2 Exhibit) (Cassell-Stiga, Gillian) (Entered: 10/18/2018)	Oct. 18, 2018	Oct. 18, 2018 RECAP
65	NOTICE of Acceptance with Offer of Judgment by Baron Walker (Attachments: # 1 Proposed Judgment, # 2 Exhibit Offer, # 3 Exhibit Acceptance) (Cassell-Stiga, Gillian) (Entered: 10/22/2018)	Oct. 22, 2018	Oct. 22, 2018 PACER
66	JUDGMENT, pursuant to Rule 68 of the Federal Rules of CivilProcedure, judgment against defendant The City of New York be entered in favor of plaintiff Baron Walker in this action for the sum of Fifty Thousand and One Dollars ($50,001.00), plus reasonable attorneys' fees, expenses and costs to July 20, 2018. (See attached jgt for full details). Ordered by Judge Raymond J. Dearie on 10/23/2018. (Layne, Monique) (Entered: 10/29/2018)	Oct. 29, 2018	Oct. 29, 2018 Clearinghouse
67	MOTION for Extension of Time to File Answer to Second Amended Complaint by COLON, Raymond Gonzalez, EDWARD NAJARRO, ROBERT NELSON, James P. O'Neill, DAN OSPINA, MICHAEL G. PARKS, SCHWAB, JERRY SUKHNANDAN, The City of New York, BRENDA VASQUEZ, EDWARD VAVRUICK. (Le, Son) (Entered: 10/29/2018)	Oct. 29, 2018	Oct. 29, 2018 PACER
68	Summons Issued re: 64 Amended Complaint as to Robert Bernhardt. (Lee, Tiffeny) (Entered: 10/30/2018)	Oct. 30, 2018	Oct. 30, 2018 PACER
69	ENDORSED LETTER ORDER granting 67 Motion for Extension of Time to Answer - 12/31/2018. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/31/2018. (Caggiano, Diana) (Entered: 10/31/2018)	Oct. 31, 2018	Oct. 31, 2018 PACER
70	SUMMONS Returned Executed by Baron Walker, Disability Rights New York, Milan Heggs. Robert Bernhardt served on 10/31/2018, answer due 12/31/2018. (Cassell-Stiga, Gillian) (Entered: 10/31/2018)	Oct. 31, 2018	Oct. 31, 2018 PACER
	SCHEDULING ORDER: A Status Conference is set for 1/14/2019 @ 12:30 PM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/31/2018. (Caggiano, Diana)	Oct. 31, 2018	Oct. 31, 2018 PACER
71	STIPULATION of Dismissal Stipulation and Proposed Order of Settlement and Dismissal as to Plaintiff Baron Walker Only by COLON, Raymond Gonzalez, EDWARD NAJARRO, ROBERT NELSON, James P. O'Neill, DAN OSPINA, MICHAEL G. PARKS, SCHWAB, JERRY SUKHNANDAN, The City of New York, BRENDA VASQUEZ, EDWARD VAVRUICK (Le, Son) (Entered: 12/19/2018)	Dec. 19, 2018	Dec. 19, 2018 PACER
72	ORDER DISMISSING CASE as to Plaintiff Barron Walker ONLY Ordered by Judge Raymond J. Dearie on 12/20/2018. (Marziliano, August) Modified on 12/21/2018 (Marziliano, August). (Entered: 12/21/2018)	Dec. 21, 2018	Dec. 21, 2018 Clearinghouse
73	ANSWER to 64 Amended Complaint, Answer to Second Amended Complaint by Robert Bernhardt, COLON, Raymond Gonzalez, EDWARD NAJARRO, James P. O'Neill, DAN OSPINA, MICHAEL G. PARKS, SCHWAB, JERRY SUKHNANDAN, The City of New York, BRENDA VASQUEZ, EDWARD VAVRUICK. (Le, Son) (Entered: 12/31/2018)	Dec. 31, 2018	Dec. 31, 2018 PACER
74	MOTION to Substitute Attorney Marc Fliedner by Disability Rights New York. (Fliedner, Marc) (Entered: 01/07/2019)	Jan. 7, 2019	Jan. 7, 2019 PACER
	ELECTRONIC ORDER granting 74 Motion to Substitute Attorney. Attorney Megan Williams terminated. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/8/2019. (Zisa, Marie)	Jan. 8, 2019	Jan. 8, 2019 PACER
75	MOTION to Adjourn Conference from January 14, 2019 to January 17, 2019 by Robert Bernhardt, COLON, Raymond Gonzalez, EDWARD NAJARRO, ROBERT NELSON, James P. O'Neill, DAN OSPINA, MICHAEL G. PARKS, SCHWAB, JERRY SUKHNANDAN, The City of New York, BRENDA VASQUEZ, EDWARD VAVRUICK. (Le, Son) (Entered: 01/09/2019)	Jan. 9, 2019	Jan. 9, 2019 PACER
	ELECTRONIC ORDER granting 75 Motion to Adjourn Conference. Status Conference is adjourned to 1/17/2019 @ 11:00 AM. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/9/2019. (Caggiano, Diana)	Jan. 9, 2019	Jan. 9, 2019 PACER
	MINUTE ENTRY for Discovery \ Status Conference proceeding held before MJ Pollak on 1/17/2019. Appearance for Plaintiff: Gillian R Cassell-Stiga \ Marc James Fliedner. Appearance for Defendant: Son Ky Le. Plaintiffs to reframe class discovery requests and refile motion to compel by 1/25/2019 - response 2/1/2019 - reply 2/8/2019. Plaintiff to re-serve new discovery requests regarding new plaintiff by 1/25/2019 - response 2/25/2019. Individual defendants not involved with new plaintiffs to be stipulated out depending on defendants responses to discovery requests. Parties to arrange for 30(b)(6) witness depositions prior to next telephone conference on 3/12/2019 @ 2:00 PM. (Caggiano, Diana)	Jan. 17, 2019	Jan. 17, 2019 PACER
76	Second MOTION to Compel Class Discovery by Disability Rights New York, Milan Heggs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Cassell-Stiga, Gillian) (Entered: 01/25/2019)	Jan. 25, 2019	Jan. 25, 2019 PACER
77	RESPONSE in Opposition re 76 Second MOTION to Compel Class Discovery filed by Robert Bernhardt, COLON, Raymond Gonzalez, EDWARD NAJARRO, James P. O'Neill, DAN OSPINA, MICHAEL G. PARKS, SCHWAB, JERRY SUKHNANDAN, The City of New York, BRENDA VASQUEZ, EDWARD VAVRUICK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Le, Son) (Entered: 02/01/2019)	Feb. 1, 2019	Feb. 1, 2019 PACER
78	REPLY in Support re 76 Second MOTION to Compel Class Discovery filed by Disability Rights New York, Milan Heggs. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Cassell-Stiga, Gillian) (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
	ELECTRONIC ORDER re 76 - 77 - 78 : Pursuant to Magistrate Judge Pollak's Individual Motion Practices and Rules, the parties shall deliver courtesy copies to the Chambers of the undersigned. All courtesy copies must bear the docket stamp/header applied by the CM/ECF system and must be bound securely in a manner that permits the documents to lie reasonably flat when open. Exhibits must be tabbed and bound separately from memoranda of law. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/11/2019. (Zisa, Marie)	Feb. 11, 2019	Feb. 11, 2019 PACER
79	First MOTION for Extension of Time to Complete Discovery Letter Requesting Additional Sixty Days to Respond to Plaintiffs' Discovery Requests by Robert Bernhardt, COLON, Raymond Gonzalez, EDWARD NAJARRO, James P. O'Neill, DAN OSPINA, MICHAEL G. PARKS, SCHWAB, JERRY SUKHNANDAN, The City of New York, BRENDA VASQUEZ, EDWARD VAVRUICK. (Le, Son) (Entered: 02/19/2019)	Feb. 19, 2019	Feb. 19, 2019 PACER
80	ENDORSED LETTER ORDER granting 79 : Request granted. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/20/2019. (Caggiano, Diana) (Entered: 02/20/2019)	Feb. 20, 2019	Feb. 20, 2019 PACER
81	ORDER granting in part and denying in part 76 re 77 - 78 . For the reasons set forth in the attached Order, plaintiffs' motion to compel is granted in part and denied in part. As explained in the Order, the parties are directed to submit a status report to the Court by March 25, 2019. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/11/2019. (Zisa, Marie) (Entered: 03/11/2019)	March 11, 2019	March 11, 2019 PACER
	ELECTRONIC ORDER: The Status Conference scheduled for tomorrow is adjourned sine die. Order re 76 to issue. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/11/2019. (Zisa, Marie)	March 11, 2019	March 11, 2019 PACER
	1 - Terminate Hearings	March 11, 2019	March 11, 2019 PACER

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Case Details

State / Territory: New York

Case Type(s):

Key Dates

Filing Date: May 30, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

This case as three individual plaintiffs, two institutional plaintiffs, and two classes of plaintiffs. The three individual plaintiffs are New York residents who use assistive mobility devices including canes and wheelchairs. Each plaintiff is covered by the Americans with Disabilities Act and the Rehabilitation Act. The institutional plaintiffs, Disabled In Action and Disability Rights New York are nonprofit organizations committed to ending discrimination against people with disabilities in New York. Disability Rights New York also acts as legal counsel to the individual and class plaintiffs in this case. The two putative classes of plaintiffs are all persons with mobility disabilities who have been or will be held in custody at local precincts and bookings facilities (including being transported to, or between, precincts/facilities) across the City of New York (“the Injunctive Class”) and denied disability accommodation including, but not limited to, by means of the following practices: i. While held at a local Precinct or Police Service Area in the City of New York. ii. While held at a central booking facility in the City of New York. iii. While being transported to, or between, precincts/facilities in the City of New York. The first putative class is seeking injunctive relief and the second is seeking damages.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of New York (New York City, New York), City

New York City Police Department (New York City, New York), None

Defendant Type(s):