Case: Phillips v. City of New York

COMPLAINT against New York City Police Department Members John and Jane Does 1-10, The City of New York. (Filing Fee $ 402.00, Receipt Number ANYSDC-25140813)Document filed by Paul Phillips..(Green, Remy) (Entered: 10/01/2021)

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Green, Remy) Modified on 10/4/2021 (jgo). (Entered: 10/01/2021)

REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: 1 Complaint. Document filed by Paul Phillips..(Green, Remy) (Entered: 10/01/2021)

NOTICE OF APPEARANCE by Gideon Orion Oliver on behalf of Paul Phillips..(Oliver, Gideon) (Entered: 10/01/2021)

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Remy Green to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the second page of the PDF was omitted;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located athttp://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Remy Green. The following case opening statistical information was erroneously selected/entered: Jury Demand code n (None);. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to p (Plaintiff);. (jgo)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

Case Designated ECF. (jgo)

ELECTRONIC SUMMONS ISSUED as to City of New York..(jgo) (Entered: 10/04/2021)

CIVIL COVER SHEET filed..(Green, Remy) (Entered: 10/04/2021)

Notice to Attorney Regarding Deficient Civil Cover Sheet

Notice to Attorney Regarding Case Opening Statistical Error Correction

Case Opening Initial Assignment Notice

AFFIDAVIT OF SERVICE of Summons and Complaint. City of New York served on 10/21/2021, answer due 11/12/2021. Service was accepted by Atrion Marke. Document filed by Paul Phillips..(Green, Remy) (Entered: 10/25/2021)

NOTICE OF APPEARANCE by Mostafa Khairy on behalf of City of New York..(Khairy, Mostafa) (Entered: 11/05/2021)

CONSENT MOTION Respectfully Requesting this Case be Included in the Section 1983 PLAN . Document filed by City of New York..(Khairy, Mostafa) (Entered: 11/10/2021)

ORDER granting 9 Motion re: 9 CONSENT MOTION Respectfully Requesting this Case be Included in the Section 1983 PLAN . Application to participate in the Local Civil Rule 83.10 (formerly the Section 1983 Plan) is GRANTED. Accordingly, this case shall proceed in accordance with Local Civil Rule 83.10. Defendants shall answer or respond to the Complaint on or before January 10, 2022. (Signed by Judge Andrew L. Carter, Jr on 11/18/2021) (ate) Transmission to Mediation Clerk for processing. (Entered: 11/18/2021)

Set/Reset Deadlines: City of New York answer due 1/10/2022; New York City Police Department Members John and Jane Does 1-10 answer due 1/10/2022. (ate)

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

Notice of Participation in Section 1983 Plan

NOTICE OF APPEARANCE by Elena Louisa Cohen on behalf of Paul Phillips..(Cohen, Elena) (Entered: 12/21/2021)

ANSWER to 1 Complaint with JURY DEMAND. Document filed by City of New York..(Khairy, Mostafa) (Entered: 01/10/2022)

LOCAL CIVIL RULE 83.10 (FORMERLY THE SECTION 1983 PLAN) 100-DAY REVIEW: The mediator shall be available to the parties throughout the discovery phase of the Rule and shall schedule and hold the first mediation session in the case within ten (10) days of the close of the discovery period. In the event that the mediation cannot begin within the time set forth herein, the assigned mediator shall promptly notify the Mediation Supervisor of the date by which the mediation will begin and the reason for the delay. The mediator shall correspond with the Mediation Office to arrange a mutually convenient date and time to hold the first session. 1983-Plan Review due by 4/20/2022. Mediator to be Assigned by 1/20/2022.(jpt)

NOTICE OF SELECTION FOR MEDIATION: This case has been selected for participation in the Southern District of New York's mediation program.(jpt)

Magistrate Judge Sarah L. Cave is so redesignated. (aea)

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 Sarah L Cave. (Signed by Judge Andrew L. Carter, Jr on 1/11/2022) (ate) (Entered: 01/11/2022)

Section 1983 Plan 100-Day Review

Notice of Selection for Mediation

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(ah)

Notice of Mediator Assignment

FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 3/10/2022 at 10:00 AM in telephone or video conference.(ah)

Mediation Conference Scheduled

MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 3/10/2022 was not held.(ah)

FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/5/2022 at 10:00 AM in telephone or video conference.(ah)

Mediation Conference Not Held

Mediation Conference Scheduled

MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 4/5/2022 was not held.(ah)

FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/19/2022 at 10:00 AM in telephone or video conference.(ah)

NOTICE OF APPEARANCE by Jessica Massimi on behalf of Paul Phillips..(Massimi, Jessica) (Entered: 03/25/2022)

JOINT LETTER MOTION for Discovery for a so-ordered subpoena for Plaintiff's records from the NYS Trooper addressed to Magistrate Judge Sarah L. Cave from Jessica Massimi dated March 25, 2022. Document filed by Paul Phillips. (Attachments: # 1 Exhibit 1, Proposed Subpoena).(Massimi, Jessica) (Entered: 03/25/2022)

1 Exhibit 1, Proposed Subpoena

View on PACER

Mediation Conference Not Held

Mediation Conference Scheduled

ORDER denying without prejudice 15 JOINT LETTER MOTION for Discovery for a so-ordered subpoena for Plaintiff's records from the NYS Trooper. The parties' motion for a so-ordered subpoena (ECF No. 15) is DENIED WITHOUT PREJUDICE. The proposed subpoena (ECF No. 15-1) is directed to "New York State Trooper," not an identified agency (such as the New York State Police). By Friday, April 1, 2022, the parties may refile a motion for a so-ordered subpoena, which: (i) identifies with specificity the entity to produce documents, and includes contact information for the entity; (ii) provides identifying information regarding the Plaintiff, in addition to his name, including a date of birth and NYSID, if available to the parties; and (iii) directs that documents shall be returnable to the Court, not to the parties. Failure to comply with these directives may result in a denial of the application. The parties shall comply with the Court's Practices and ECF instructions regarding sealed applications and PII. The Clerk of Court is respectfully directed to close ECF No. 15. SO ORDERED.. (Signed by Magistrate Judge Sarah L Cave on 3/28/2022) (jca) (Entered: 03/28/2022)

Set/Reset Deadlines: Motions due by 4/1/2022. (jca)

LETTER addressed to Judge Andrew L. Carter, Jr. from Mostafa Khairy dated March 31, 2022 re: Respectfully Responding to the Court's March 28, 2022 Order. Document filed by City of New York..(Khairy, Mostafa) (Entered: 03/31/2022)

NOTICE OF APPEARANCE by Maryanne K. Kaishian on behalf of Paul Phillips..(Kaishian, Maryanne) (Entered: 04/13/2022)

Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 4/19/2022. Mediation Status due by 5/19/2022. (mnp)

Mediation Conference

FINAL REPORT OF MEDIATOR #4. Report of Mediator to the Clerk that the court-ordered mediation in this case was held but was unsuccessful in resolving any issue in the case. The Mediation Unit will consider the referral to be completed and close its files at this time but the judge may re-refer parties to mediation at any point. To evaluate the effectiveness of our Mediators/Mediation Program, a fillable PDF of the survey can be found at https://nysd.uscourts.gov/programs/mediation-adr.(ah) (Entered: 04/20/2022)

JOINT LETTER addressed to Magistrate Judge Sarah L. Cave from Mostafa Khairy dated July 25, 2022 re: // Status Report. Document filed by City of New York..(Khairy, Mostafa) (Entered: 07/25/2022)

ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: It is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held on Monday, August 22, 2022 at 2:00 p.m., on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c). SO ORDERED. ( Initial Conference set for 8/22/2022 at 02:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 7/26/22) (yv) (Entered: 07/26/2022)

PROPOSED CASE MANAGEMENT PLAN. Document filed by Paul Phillips..(Kaishian, Maryanne) (Entered: 08/15/2022)

Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephonic Initial Pretrial Conference held on 8/22/2022. Attorney Maryanne K. Kaishian and Remy Green appeared on behalf of Plaintiff. Attorney Mostafa Khairy appeared on behalf of Defendants. (ne)

ORDER: Pursuant to the telephonic conference held today, August 22, 2022, the Court orders as follows: 1. By Thursday, September 22, 2022, Plaintiff shall file either (i) a motion for leave to file an amended complaint (the "Motion"), or (ii) a letter advising the Court of the status of negotiations with the Defendants regarding the Motion. 2. The Court holds in abeyance the entry of a case management plan until Plaintiff files the Motion. SO ORDERED. Motions due by 9/22/2022. (Signed by Magistrate Judge Sarah L Cave on 8/22/2022) (kv) (Entered: 08/22/2022)

Pretrial Conference - Initial

LETTER addressed to Magistrate Judge Sarah L. Cave from Remy Green dated 2022-09-22 re: Update as Provided in ECF 23. Document filed by Paul Phillips..(Green, Remy) (Entered: 09/22/2022)

MEMO ENDORSEMENT on re: 24 Letter filed by Paul Phillips. ENDORSEMENT: A telephonic conference will be held on Wednesday, September 28, 2022 at 5:00 p.m., on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. (Telephone Conference set for 9/28/2022 at 05:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 9/23/2022) (jca) (Entered: 09/23/2022)

Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Telephone Conference held on 9/28/2022. Attorneys J. Remy Green and Maryanne K. Kaishian appeared on behalf of Plaintiff. Attorney Mostafa Khairy appeared on behalf of Defendants. (ne)

ORDER: Pursuant to the telephonic status conference held today, September 28, 2022, the Court orders as follows: 1. By Friday, September 30, 2022, Plaintiff shall file their motion for leave to file an amended complaint (the "Motion"). 2. By Friday, October 14, 2022, Defendants shall file their response to the Motion. (Motions due by 9/30/2022, Responses due by 10/14/2022) (Signed by Magistrate Judge Sarah L Cave on 9/28/2022) (ne) (Entered: 09/28/2022)

LETTER MOTION for Leave to File First Amended Class Action Complaint addressed to Magistrate Judge Sarah L. Cave from Remy Green dated 2022-09-28. Document filed by Khaori Wright, Randy Rosario, Kylasyia Thompson, Paul Phillips, NEW YORK CITY POLICE DEPARTMENT MEMBERS JOHN AND JANE DOES 1-12,, DEPARTMENT OF CORRECTIONS MEMBERS JOHN AND JANE DOES 1-25, DECISIONMAKERS JOHN AND JANE ROES 1-8. (Attachments: # 1 Supplement Proposed First Amended Complaint, # 2 Exhibit FAC Ex. 1 - LAS Letter).(Green, Remy) (Entered: 09/28/2022)

1 Supplement Proposed First Amended Complaint

View on Clearinghouse

2 Exhibit FAC Ex. 1 - LAS Letter

View on RECAP

Telephone Conference

ORDER: Pursuant to the telephonic status conference held today, September 28, 2022, the Court orders as follows: 1. By Friday, September 30, 2022, Plaintiff shall file their motion for leave to file an amended complaint (the "Motion"). 2. By Friday, October 14, 2022, Defendants shall file their response to the Motion. SO ORDERED. ( Motions due by 9/30/2022., Responses due by 10/14/2022) (Signed by Magistrate Judge Sarah L Cave on 9/28/2022) (tg)

***DELETED DOCUMENT. Deleted document number 27 Order. The document was incorrectly filed in this case. (tg)

Notice Regarding Deleted Document

TRANSCRIPT of Proceedings re: REMOTE INITIAL CASE MANAGEMENT CONFERENCE held on 8/22/2022 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 11/3/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/11/2023. (js)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a REMOTE INITIAL CASE MANAGEMENT CONFERENCE proceeding held on 8/22/2022 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... (js)

LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah L. Cave from Mostafa Khairy dated October 14, 2022 re: [28] LETTER MOTION for Leave to File First Amended Class Action Complaint addressed to Magistrate Judge Sarah L. Cave from Remy Green dated 2022-09-28. . Document filed by City of New York..(Khairy, Mostafa)

ORDER: granting [28] Letter Motion for Leave to File Document. On September 28, 2022, Plaintiff filed a letter-motion seeking leave to file an amended complaint. (ECF No. 28). On October 14, 2022, Defendant advised the Court that it consents to Plaintiff's request to file an amended complaint. (ECF No. 31). Accordingly, the Court directs Plaintiff to file the amended complaint by Tuesday, October 18, 2022. By Monday, December 19, 2022, Defendant shall answer, move, or otherwise respond to the amended complaint. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/17/2022) (ama)

CONSENT AMENDED COMPLAINT amending [1] Complaint against City of New York, DECISIONMAKERS JOHN AND JANE ROES 1-8, DEPARTMENT OF CORRECTIONS MEMBERS JOHN AND JANE DOES 1-25, NEW YORK CITY POLICE DEPARTMENT MEMBERS JOHN AND JANE DOES 1-12,, New York City Police Department Members John and Jane Does 1-10 with JURY DEMAND.Document filed by Paul Phillips(ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED), Kylasyia Thompson, Khaori Wright, Paul Phillips, Randy Rosario. Related document: [1] Complaint. (Attachments: (1) Exhibit Ex 1 - LAS Letter).(Green, Remy)

1 Exhibit Ex 1 - LAS Letter

View on RECAP

Notice to Attorney Regarding Party Modification

Notice to Attorney Regarding Deficient Pleading

FIRST AMENDED COMPLAINT amending [33] Amended Complaint,, [1] Complaint against City of New York, DecisionMakers John and Jane Roes 1-8, Department of Corrections Members John and Jane Does 1-25, New York City Police Department Members John and Janes Does 1-12 with JURY DEMAND.Document filed by Paul Phillips(on behalf of themselves and all others similarly situated ), Kylasyia Thompson, Khaori Wright, Paul Phillips, Randy Rosario. Related document: [33] Amended Complaint,, [1] Complaint. (Attachments: (1) Exhibit Ex 1 - LAS Letter).(Green, Remy)

1 Exhibit Ex 1 - LAS Letter

View on RECAP

NOTICE OF APPEARANCE by Mark David Zuckerman on behalf of City of New York..(Zuckerman, Mark)

CONSENT LETTER MOTION for Extension of Time to File Answer re: [34] Amended Complaint,, or otherwise respond to complaint addressed to Magistrate Judge Sarah L. Cave from Mark D. Zuckerman dated December 15, 2021. Document filed by City of New York..(Zuckerman, Mark)

NOTICE OF APPEARANCE by Erica Bianco on behalf of City of New York..(Bianco, Erica)

ORDER granting [36] Letter Motion for Extension of Time to Answer re [36] CONSENT LETTER MOTION for Extension of Time to File Answer re: [34] Amended Complaint,, or otherwise respond to complaint addressed to Magistrate Judge Sarah L. Cave from Mark D. Zuckerman dated December 15, 2021., [34] Amended Complaint,. Defendant's letter-motion seeking an extension of time to answer, move, or otherwise respond to the amended complaint (ECF No. 36) is GRANTED. By Monday, January 9, 2023, Defendant shall answer, move, or otherwise respond to the amended complaint. The Clerk of Court is respectfully directed to close ECF No. 36. SO ORDERED. (City of New York answer due 1/9/2023.) (Signed by Magistrate Judge Sarah L Cave on 12/15/22) (yv)

NOTICE OF APPEARANCE by James Madison Sheehan on behalf of City of New York..(Sheehan, James)

LETTER MOTION for Conference (pre-motion conference in anticipation of motion to dismiss and to strike plaintiffs' class allegations) addressed to Judge Andrew L. Carter, Jr. from Mark D. Zuckerman dated January 6, 2023. Document filed by City of New York. (Attachments: (1) Exhibit A, (2) Exhibit B).(Zuckerman, Mark)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

CONSENT LETTER MOTION for Extension of Time to respond to Dkt. No. 40 seeking clarification re: amendment in response to pre-motion letter addressed to Judge Andrew L. Carter, Jr. from Remy Green dated 2023-01-10. Document filed by Paul Phillips(on behalf of themselves and all others similarly situated ), Paul Phillips, Randy Rosario, Kylasyia Thompson, Khaori Wright..(Green, Remy)

ORDER terminating [40] Letter Motion for Conference re: [40] LETTER MOTION for Conference (pre-motion conference in anticipation of motion to dismiss and to strike plaintiffs' class allegations) addressed to Judge Andrew L. Carter, Jr. from Mark D. Zuckerman dated January 6, 2023., [41] CONSENT LETTER MOTION for Extension of Time to respond to Dkt. No. 40 seeking clarification re: amendment in response to pre-motion letter addressed to Judge Andrew L. Carter, Jr. from Remy Green dated 2023-01-10. granting [41] Letter Motion for Extension of Time. The Court is in receipt of the parties' recent submissions. Plaintiffs are granted leave for an extension of time to respond. As Plaintiffs intend to file a proposed Second Amended Complaint, they do not, at this time, need to respond at length to Defendants' letter at ECF No. 40. Plaintiffs are ordered to file their proposed Second Amended Complaint by February 1, 2023. Defendants will then have until February 15, 2023 to inform the Court via letter whether they intend to answer, move to dismiss, or otherwise respond to the proposed Second Amended Complaint. Once Defendants have filed their letter, the Court will set a briefing schedule for potential briefing. The Clerk of Court is respectfully directed to terminate the open motions at ECF Nos. 40 and 41. ( Amended Pleadings due by 2/1/2023.). (Signed by Judge Andrew L. Carter, Jr on 1/11/2023) (ate)

LETTER MOTION for Local Rule 37.2 Conference on Request to Expedite Limited Class and Doe Discovery in Advance of Amendment and Defendants' Motion to Strike Class Allegations addressed to Magistrate Judge Sarah L. Cave from Remy Green dated 2023-01-18. Document filed by Paul Phillips(on behalf of themselves and all others similarly situated ), Paul Phillips, Randy Rosario, Kylasyia Thompson, Khaori Wright. (Attachments: (1) Exhibit Exhibit 1 - Class/Doe Requests).(Green, Remy)

1 Exhibit Exhibit 1 - Class/Doe Requests

View on RECAP

LETTER MOTION to Stay (discovery pending the outcome of the City's proposed motion to dismiss), motion for conference, response to plaintiffs' letter motion at Docket 43 addressed to Magistrate Judge Sarah L. Cave from Mark D. Zuckerman dated January 23, 2023. Document filed by City of New York. (Attachments: (1) Exhibit A, (2) Exhibit B, (3) Exhibit C).(Zuckerman, Mark)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

REPLY MEMORANDUM OF LAW in Support re: [43] LETTER MOTION for Local Rule 37.2 Conference on Request to Expedite Limited Class and Doe Discovery in Advance of Amendment and Defendants' Motion to Strike Class Allegations addressed to Magistrate Judge Sarah L. Cave from Remy Green dat . Document filed by Paul Phillips(on behalf of themselves and all others similarly situated ), Paul Phillips, Randy Rosario, Kylasyia Thompson, Khaori Wright..(Green, Remy)

REPLY MEMORANDUM OF LAW in Support re: [43] LETTER MOTION for Local Rule 37.2 Conference on Request to Expedite Limited Class and Doe Discovery in Advance of Amendment and Defendants' Motion to Strike Class Allegations addressed to Magistrate Judge Sarah L. Cave from Remy Green dat [CORRECTED]. Document filed by Paul Phillips(on behalf of themselves and all others similarly situated ), Paul Phillips, Randy Rosario, Kylasyia Thompson, Khaori Wright..(Green, Remy)

ORDER granting 43 Letter Motion for Local Rule 37.2 Conference; terminating 44 Letter Motion to Stay re: 43 LETTER MOTION for Local Rule 37.2 Conference on Request to Expedite Limited Class and Doe Discovery in Advance of Amendment an d Defendants' Motion to Strike Class Allegations addressed to Magistrate Judge Sarah L. Cave from Remy Green dat, 44 LETTER MOTION to Stay (discovery pending the outcome of the City's proposed motion to dismiss), motion for conference, response to plaintiffs' letter motion at Docket 43 addressed to Magistrate Judge Sarah L. Cave from Mark D. Zu. Defendant's letter-motion requesting a conference with the Court to address the issues outlined the parties 039; letters (ECF Nos. 43; 44) is GRANTED. A telephonic conference will be held on Tuesday, February 7, 2023 at 2:30 p.m., on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The Clerk of Court is respectfully directed to close ECF Nos. 43 and 44. SO ORDERED. ( Telephone Conference set for 2/7/2023 at 02:30 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/24/23) (yv)

LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah L. Cave from Remy Green dated 2023-01-26 re: [44] LETTER MOTION to Stay (discovery pending the outcome of the City's proposed motion to dismiss), motion for conference, response to plaintiffs' letter motion at Docket 43 addressed to Magistrate Judge Sarah L. Cave from Mark D. Zu . Document filed by Paul Phillips(on behalf of themselves and all others similarly situated ), Paul Phillips, Randy Rosario, Kylasyia Thompson, Khaori Wright..(Green, Remy)

CONSENT LETTER MOTION for Extension of Time to File Response/Reply (Reply in support of letter motion at Docket 44) addressed to Magistrate Judge Sarah L. Cave from Mark D. Zuckerman dated January 26, 2023. Document filed by City of New York..(Zuckerman, Mark)

ORDER granting [49] Letter Motion for Extension of Time to File Response/Reply re [49] CONSENT LETTER MOTION for Extension of Time to File Response/Reply (Reply in support of letter motion at Docket 44) addressed to Magistrate Judge Sarah L. Cave from Mark D. Zuckerman dated January 26, 2023. Defendant's letter-motion requesting an extension of time to submit a reply letter in support of its letter-motion (the "Reply") (ECF No. 49) is GRANTED. By Thursday, February 2, 2023, Defendant shall file the Reply. The Clerk of Court is respectfully directed to close ECF No. 49. SO ORDERED. Replies due by 2/2/2023. (Signed by Magistrate Judge Sarah L Cave on 1/27/2023) (tg)

SECOND AMENDED COMPLAINT amending [34] Amended Complaint,, [1] Complaint against City of New York, DecisionMakers John and Jane Roes 1-8, Department of Corrections Members John and Jane Does 1-25, New York City Police Department Members John and Jane Does 1-10, New York City Police Department Members John and Janes Does 1-12 with JURY DEMAND.Document filed by Paul Phillips(on behalf of themselves and all others similarly situated ), Kylasyia Thompson, Khaori Wright, Paul Phillips, Randy Rosario. Related document: [34] Amended Complaint,, [1] Complaint..(Green, Remy)

Notice to Attorney Regarding Deficient Pleading

Add Party for Pleading

SECOND AMENDED COMPLAINT amending [34] Amended Complaint,, [51] Amended Complaint,, against City of New York, DecisionMakers John and Jane Roes 1-8, Department of Corrections Members John and Jane Does 1-25, New York City Police Department Members John and Jane Does 1-10, New York City Police Department Members John and Janes Does 1-12 with JURY DEMAND.Document filed by Paul Phillips(on behalf of themselves and all others similarly situated ), Kylaysia Thompson, Kylasyia Thompson, Khaori Wright, Paul Phillips, Randy Rosario. Related document: [34] Amended Complaint,, [51] Amended Complaint,,. (Attachments: (1) Exhibit Exhibit 1 - LAS Letter).(Green, Remy)

1 Exhibit Exhibit 1 - LAS Letter

View on RECAP

REPLY MEMORANDUM OF LAW in Support re: [44] LETTER MOTION to Stay (discovery pending the outcome of the City's proposed motion to dismiss), motion for conference, response to plaintiffs' letter motion at Docket 43 addressed to Magistrate Judge Sarah L. Cave from Mark D. Zu . Document filed by City of New York..(Zuckerman, Mark)

LETTER addressed to Judge Andrew L. Carter, Jr. from Mark D. Zuckerman dated February 2, 2023 re: advising the Court that the City intends to move to dismiss plaintiffs' Second Amended Complaint and respectfully requesting that a briefing schedule be set by the Court. Document filed by City of New York..(Zuckerman, Mark)

Notice to Attorney Regarding Deficient Pleading

LETTER MOTION for Conference re: [54] Letter, or in the alternative, a long briefing schedule (as described further herein) addressed to Judge Andrew L. Carter, Jr. from Remy Green dated 2023-02-03. Document filed by Paul Phillips(on behalf of themselves and all others similarly situated ), Paul Phillips, Randy Rosario, Kylasyia Thompson, Kylaysia Thompson, Khaori Wright..(Green, Remy)

Set/Reset Deadlines

LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Mark D. Zuckerman dated February 6, 2023 re: [55] LETTER MOTION for Conference re: [54] Letter, or in the alternative, a long briefing schedule (as described further herein) addressed to Judge Andrew L. Carter, Jr. from Remy Green dated 2023-02-03. . Document filed by City of New York..(Zuckerman, Mark)

ORDER granting [55] Letter Motion for Conference re: [55] LETTER MOTION for Conference re: [54] Letter, or in the alternative, a long briefing schedule (as described further herein) addressed to Judge Andrew L. Carter, Jr. from Remy Green dated 2023-02-03. The Court is in receipt of the parties' recent submissions concerning the briefing of a potential motion to dismiss. ECF Nos. 55-56. The parties are directed to adhere to the following briefing schedule: Defendants' Motion to Dismiss: February 28, 2023. Plaintiffs' Opposition: March 21, 2023. Defendants' Reply (if any): March 28, 2023. The Clerk of Court is respectfully directed to terminate the open motion at ECF No. 55. (Signed by Judge Andrew L. Carter, Jr on 2/6/2023) (ate)