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Case: Phillips v. City of New York

1:21-cv-08149 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 1, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 1, 2021, the plaintiff, represented by private counsel, filed this lawsuit in the United States District Court for the Southern District of New York. The case was assigned to District Judge Andrew L. Carter, Jr. On September 28, 2022, the plaintiff amended the complaint to be a class action lawsuit that included all individuals who had been jailed by the city without the opportunity to be brought to court prior to their incarceration. Under 42 USC § 1983, the plaintiffs sued New York…

On October 1, 2021, the plaintiff, represented by private counsel, filed this lawsuit in the United States District Court for the Southern District of New York. The case was assigned to District Judge Andrew L. Carter, Jr. On September 28, 2022, the plaintiff amended the complaint to be a class action lawsuit that included all individuals who had been jailed by the city without the opportunity to be brought to court prior to their incarceration. Under 42 USC § 1983, the plaintiffs sued New York City, members of the New York City Police Department (NYPD), and officers of the New York City Department of Corrections (DOC) for violations of the Fourth Amendment's seizure clause, Fourteenth Amendment's due process clause, New York constitution, and New York state and municipal law. Each of the plaintiffs was jailed by the city for several days. The plaintiffs alleged that, because they were detained without a future court date listed on their paperwork, they were held in illegal, indefinite detentions. For remedies, they sought compensation, punitive damages, declaratory judgment, injunction, and attorney fees.

As of October 2022, the case is still ongoing.

Summary Authors

Jerry Lan (10/12/2022)

Documents in the Clearinghouse

Document
1

1:21-cv-08149

Complaint

Oct. 1, 2021

Oct. 1, 2021

Complaint
28-1

1:21-cv-08149

Supplement Proposed First Amended Complaint

Sept. 28, 2022

Sept. 28, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60605517/phillips-v-city-of-new-york/

Last updated Oct. 12, 2022, 11:23 a.m.

ECF Number Description Date Link Date / Link
1

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)

Oct. 1, 2021

Oct. 1, 2021

Clearinghouse
2

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

Oct. 1, 2021

Oct. 1, 2021

PACER
3

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)

Oct. 1, 2021

Oct. 1, 2021

PACER
4

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

Oct. 1, 2021

Oct. 1, 2021

PACER
5

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

Oct. 4, 2021

Oct. 4, 2021

PACER
6

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

Oct. 4, 2021

Oct. 4, 2021

PACER

Case Opening Initial Assignment Notice

Oct. 4, 2021

Oct. 4, 2021

PACER

***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)

Oct. 4, 2021

Oct. 4, 2021

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

Oct. 4, 2021

Oct. 4, 2021

PACER

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)

Oct. 4, 2021

Oct. 4, 2021

PACER

Notice to Attorney Regarding Deficient Civil Cover Sheet

Oct. 4, 2021

Oct. 4, 2021

PACER

***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)

Oct. 4, 2021

Oct. 4, 2021

PACER

Case Designated ECF. (jgo)

Oct. 4, 2021

Oct. 4, 2021

PACER

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)

Oct. 4, 2021

Oct. 4, 2021

PACER
7

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)

Oct. 25, 2021

Oct. 25, 2021

PACER
8

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

Nov. 5, 2021

Nov. 5, 2021

PACER
9

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)

Nov. 10, 2021

Nov. 10, 2021

PACER
10

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)

Nov. 18, 2021

Nov. 18, 2021

RECAP

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)

Nov. 18, 2021

Nov. 18, 2021

PACER

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)

Nov. 19, 2021

Nov. 19, 2021

PACER

Notice of Participation in Section 1983 Plan

Nov. 19, 2021

Nov. 19, 2021

PACER
11

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

Dec. 21, 2021

Dec. 21, 2021

PACER
12

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

Jan. 10, 2022

Jan. 10, 2022

PACER

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)

Jan. 10, 2022

Jan. 10, 2022

PACER

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

Jan. 10, 2022

Jan. 10, 2022

PACER
13

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)

Jan. 11, 2022

Jan. 11, 2022

PACER

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

Jan. 11, 2022

Jan. 11, 2022

PACER

Notice of Selection for Mediation

Jan. 11, 2022

Jan. 11, 2022

PACER

Section 1983 Plan 100-Day Review

Jan. 11, 2022

Jan. 11, 2022

PACER

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

Jan. 13, 2022

Jan. 13, 2022

PACER

Notice of Mediator Assignment

Jan. 13, 2022

Jan. 13, 2022

PACER

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

Feb. 4, 2022

Feb. 4, 2022

PACER

Mediation Conference Scheduled

Feb. 4, 2022

Feb. 4, 2022

PACER

Mediation Conference Scheduled

March 1, 2022

March 1, 2022

PACER

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

March 1, 2022

March 1, 2022

PACER

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

March 1, 2022

March 1, 2022

PACER

Mediation Conference Not Held

March 1, 2022

March 1, 2022

PACER
14

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

March 25, 2022

March 25, 2022

PACER
15

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

March 25, 2022

March 25, 2022

PACER

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

March 25, 2022

March 25, 2022

PACER

Mediation Conference Scheduled

March 25, 2022

March 25, 2022

PACER

Mediation Conference Not Held

March 25, 2022

March 25, 2022

PACER

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

March 25, 2022

March 25, 2022

PACER
16

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)

March 28, 2022

March 28, 2022

RECAP

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

March 28, 2022

March 28, 2022

PACER
17

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)

March 31, 2022

March 31, 2022

PACER
18

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

April 13, 2022

April 13, 2022

PACER

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

April 19, 2022

April 19, 2022

PACER

Mediation Conference

April 19, 2022

April 19, 2022

PACER
19

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)

April 20, 2022

April 20, 2022

PACER
20

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)

July 25, 2022

July 25, 2022

RECAP
21

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)

July 26, 2022

July 26, 2022

RECAP
22

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

Aug. 15, 2022

Aug. 15, 2022

RECAP
23

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)

Aug. 22, 2022

Aug. 22, 2022

RECAP

Pretrial Conference - Initial

Aug. 22, 2022

Aug. 22, 2022

PACER

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)

Aug. 22, 2022

Aug. 22, 2022

PACER
24

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)

Sept. 22, 2022

Sept. 22, 2022

RECAP
25

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)

Sept. 23, 2022

Sept. 23, 2022

RECAP
26

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)

Sept. 28, 2022

Sept. 28, 2022

RECAP
27

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)

Sept. 28, 2022

Sept. 28, 2022

RECAP
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 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

Sept. 28, 2022

Sept. 28, 2022

RECAP

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)

Sept. 28, 2022

Sept. 28, 2022

PACER

Telephone Conference

Sept. 28, 2022

Sept. 28, 2022

PACER

Notice Regarding Deleted Document

Sept. 29, 2022

Sept. 29, 2022

PACER

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

Sept. 29, 2022

Sept. 29, 2022

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Key Dates

Filing Date: Oct. 1, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals who had been jailed by New York City without the opportunity to be brought to court prior to their incarceration.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

New York City, City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Procedural Due Process

Unreasonable search and seizure

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Placement in detention facilities

Type of Facility:

Government-run