Case: Lloyd Jones v. The City of New York

1:17-cv-07577 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 4, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

Three New York City residents filed this putative class action lawsuit in the United States District Court for the Southern District of New York on October 4, 2017. The plaintiffs–represented by private counsel–sued the City of New York (“the City”) over the City’s process for paying bail. They requested declaratory relief and compensatory damages under 42 U.S.C. § 1983 for violations of the Fourth and Fourteenth Amendments and under a theory of common law false imprisonment. The plaintiffs als…

Three New York City residents filed this putative class action lawsuit in the United States District Court for the Southern District of New York on October 4, 2017. The plaintiffs–represented by private counsel–sued the City of New York (“the City”) over the City’s process for paying bail. They requested declaratory relief and compensatory damages under 42 U.S.C. § 1983 for violations of the Fourth and Fourteenth Amendments and under a theory of common law false imprisonment. The plaintiffs also sought to represent a putative class: all individuals who (a) were detained in any Department of Corrections (DOC) facility; (b) received a judicial order fixing bail pursuant to Title P of Part Three of Chapter 11-A of the New York Criminal Procedure Law (“CPL”); (c) “posted bail” as that term is defined in Section 500.10(8) of the CPL; and (d) were not released from DOC custody within a reasonable time after someone was ready, willing, and able to post bail on their behalf.

At base, the plaintiffs alleged that the City’s system for bail payment and release caused unnecessary delays and over-detentions. In practice, they said, the City’s system jailed presumptively innocent detainees in violation of court orders entitling those detainees to release upon posting bail. For example, a family member or friend might have appeared at the City’s Department of Corrections (DOC) and offered to pay bail for a detainee. The City’s employees would then have revealed various problems with their system, staffing, or other elements of the detention process. These problems meant that the payment could not be accepted, and thus the detainee could not be released. The plaintiffs also claimed that even when the City accepted a bail payment, defendants would often wait far longer than necessary for release. 

The case was assigned to Judge William H. Pauley. The City moved to dismiss for failure to state a claim on January 3, 2018, making several related arguments. First, the City asserted that no constitutional violation existed because the length of time for which the plaintiffs were allegedly detained was presumptively reasonable. Second, the City claimed that the plaintiffs failed to allege a policy or practice under Monell v. Department of Social Services. The City also argued that the Prison Litigation Reform Act (PLRA) barred the plaintiffs’ claims because they failed to allege physical injury. Finally, given its arguments regarding the constitutional claims, the City also asked the court to decline supplemental jurisdiction over the state law false imprisonment claims. If the City was correct about the constitutional claims, there would be no federal claim to support supplemental jurisdiction. 

But the court, on September 28, 2018, rejected the City’s arguments regarding each of the plaintiffs’ claims. The court first found that the PLRA’s bar on actions “brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody [without a prior showing of physical injury]” did not apply. Contrary to the City’s reading, the court stated that this section of the PLRA does not extend to actions filed after a prisoner or detainee’s release. The plaintiffs in this case were released before they filed suit, meaning the PLRA did not bar their action.

The court then explained that at least some federal courts of appeals have recognized that the fixing of bail gives rise to a liberty interest in paying bail that is protected by substantive due process. And other courts have generally used substantive due process concepts to analyze claims based on the delayed release of pre-trial detainees after the legal basis for detention has expired. The court found that, under this framework, the plaintiffs adequately alleged that their interests in paying bail and being released upon paying bail were infringed by the City’s deliberate indifference. The City argued that the specific violations in this case were presumptively reasonable because they fell within County of Riverside v. McLaughlin’s bright line period (48 hours). But the court found a number of concerns when attempting to apply McLaughlin to the plaintiffs’ particular situations and thus declined to apply that case. 

For those reasons, the court found that the plaintiffs stated a plausible constitutional claim. And because the plaintiffs stated a plausible constitutional claim, the court had no reason to decline supplemental jurisdiction over the state law false imprisonment claims.

As discovery continued, two procedural changes occurred: the case was reassigned to Judge John G. Koeltl on July 28, 2021, and the plaintiffs filed a suggestion of death for one of the plaintiffs on November 16, 2021. The plaintiffs did not move to substitute another plaintiff within the period required by Rule 25(a)(1), so the court dismissed the deceased plaintiff’s claims on June 17, 2022.

The plaintiffs moved for preliminary approval of a settlement on November 22, 2022. And on December 1, 2022, the court preliminarily approved the settlement, directed notice to the class members, and scheduled a fairness hearing. In doing so, the court certified a settlement class under Rule 23(b)(3) of all people who were (a) in the custody of the City’s DOC, (b) were on at least one occasion released from DOC custody upon payment of bail during the class period, and (c) had a delay in their release from custody after bail had been paid. The settlement set forth that class members would receive a flat $3,500 for each “instance of release,” which meant that the total amount of the settlement would be unknown until after all claims were made. (News coverage of the settlement estimates that, based on the number of unique New York State ID numbers in the system, the settlement amount could total as much as $300 million.) Moreover, the two named plaintiffs each received a $20,000 service award for serving as a class representative. Finally, the City agreed to pay attorneys’ fees as some proportion of the settlement total, which was to be determined.

The court scheduled a fairness hearing pursuant to Rule 23(e) for July 11, 2023, in its order preliminarily approving the settlement. Litigation in this case is thus ongoing as of January 1, 2023.

Summary Authors

Hank Minor (12/28/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6259834/parties/lloyd-jones-v-the-city-of-new-york/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Adams, Daniel Lloyd (New York)

Anci, Joseph (New York)

Andersen, Jane Elizabeth (New York)

Aribakan, Suzanne Emily (New York)

Arko, Christopher G. (New York)

Attorney for Defendant

Adams, Daniel Lloyd (New York)

Anci, Joseph (New York)

Andersen, Jane Elizabeth (New York)

Aribakan, Suzanne Emily (New York)

Arko, Christopher G. (New York)

Aroubas, Shlomit (New York)

Ashanti, Karl J. (New York)

Bahrenburg, Richard (New York)

Balog, Aliza Jordana (New York)

Barker, Kami Zumbach (New York)

Barnett, Camille Danielle (New York)

Bassett, David De (New York)

Beath, Patrick Neil (New York)

Beck, Curt Peter (New York)

Bergman, Zachary Russell (New York)

Birnbaum, Brooke Allyson (New York)

Bloom, Aaron Michael (New York)

Bouriat, Christopher Saleh (New York)

Braun, Daniel Michael (New York)

Brennan, Ave Maria (New York)

Brocker, Peter William (New York)

Brooks, Jeffrey Charles (New York)

Brown, Cherie N. (New York)

Brustein, Evan (New York)

Bruzzese, Sheryl Ann (New York)

Buch, June R. (New York)

Buchanan, Michael F. (New York)

Byrns, Katherine Abigail (New York)

Calistro, Phyllis Gail (New York)

Canfield, Donna Anne (New York)

Carpenter, Megan Burrows (New York)

Castro, Johana Vanessa (New York)

Cavalieri, Meghan Ann (New York)

Ceres, Rudyard W (New York)

Chen, Caroline Ling-Yu (New York)

Chiu, Daniel (New York)

Ciappetta, Nicholas R. (New York)

Cicala, Joanne M (New York)

Cohen, Jessica Talia (New York)

Comfrey, Kathleen Marie (New York)

Cooke, Brenda Elaine (New York)

Corsi, Alexandra (New York)

Costa, Richard J. (New York)

Daitz, Elizabeth M. (New York)

D'Andrea, Theresa Jeanine (New York)

Dawkins, Julinda A. (New York)

Deatley, Tavish C. (New York)

DeCastro, Maria Fernanda (New York)

DePaul, Philip Rudolph (New York)

Depoian, Carolyn Kay (New York)

Dervin, James Monroe (New York)

Desmond, James Finbar (New York)

Devlin, Austa S. (New York)

Disenso, Anthony Matthew (New York)

Dole-Merson, Vivian (New York)

Donahue, Linda (New York)

Dougherty, Jeffrey Anthony (New York)

Downs, Alexis (New York)

Dufficy, Doreen (New York)

Duke, Brandon W. (New York)

Edwards, Flora (New York)

Eichenholtz, Seth D. (New York)

Eison, Howard (New York)

Englert, Eviana Linnea (New York)

Evans, Sarah Beth (New York)

Fabian, Shawn David (New York)

Faddis, Hannah Victoria (New York)

Farrar, Brian Jeremy (New York)

Faulman, Sara Lyn (New York)

Fett, Baree Nichole (New York)

Fitzgibbon, Kaitlin E. (New York)

Fogarty, Peter John (New York)

Francolla, Brian Christopher (New York)

Frank, Philip S. (New York)

Fretel, Anna Nguyen (New York)

Frommer, Hillary Ann (New York)

Fudim, Elissa Paulette (New York)

Garman, Ashley Rebecca (New York)

Gertzer, Michael Keith (New York)

Giambrone, Jessica (New York)

Gill, Rippi (New York)

Goetz, Paul Allan (New York)

Goldman, Cynthia (New York)

Gomez-Sanchez, Daniel Sergio (New York)

Goykadosh, Brachah (New York)

Gutmann, Joseph Aaron (New York)

Haber, Erica Michelle (New York)

Haberman, Paul Stuart (New York)

Haider, Bilal Husain (New York)

Halbardier, Suzanne M. (New York)

Hanlon, Craig Andrew (New York)

Harvis, Gabriel Paul (New York)

Hazan, David M. (New York)

Heer, Christopher Lee (New York)

Heim, Douglas William (New York)

Hoffman, Beth J (New York)

Hovan, Aaron D. (New York)

Hudson, Maurice L (New York)

Jacobs, Elissa Beth (New York)

Jacobs, Stuart E. (New York)

Jenerette, Tonya (New York)

Johnson, Paul Hasan (New York)

Joyce, Kimberly Marie (New York)

Jr, Gerald Stephen (New York)

Jr, Ricardo Tapia (New York)

Kirby, Roger W (New York)

Kitzinger, Stephen Edward (New York)

Kleinman, Alan H. (New York)

Klepfish, Issac (New York)

Kranis, Jay Alan (New York)

Kruk, Carolyn Elizabeth (New York)

Kunz, Morgan David (New York)

Kuruvilla, Ben (New York)

Larkin, Arthur Gabriel (New York)

Lax, Joshua J. (New York)

Leist, Alexis Lucia (New York)

Lemonedes, James M. (New York)

Lerner, Richard E. (New York)

Lesser, Robert I. (New York)

Lichterman, Ariel Shaun (New York)

Lippin, Louise H (New York)

Loperfido, Jeffrey (New York)

Low-Beer, John Rudolf (New York)

Lucas, Andrew Joseph (New York)

Lulich, Aimee Kara (New York)

MacFarlane, Katherine Alice (New York)

Manningham, Nicholas Daniel (New York)

Marquez, Jorge (New York)

Marutollo, Joseph Anthony (New York)

Maxey, Brian Guenther (New York)

Mbabazi, Deborah L. (New York)

McCann, Max Oliver (New York)

McGillivary, Gregory Keith (New York)

McLaren, Joanne M. (New York)

McNally, Keri Reid (New York)

McQueen, Matthew W (New York)

Mendez, Ivan A. (New York)

Mettham, Suzanna Publicker (New York)

Mindrutiu, Linda Margareta (New York)

Minko, Anthony James (New York)

Minnah-Donkoh, Kuuku Angate (New York)

Mirro, James (New York)

Mitchell, Alison Sue (New York)

Modafferi, Matthew Joseph (New York)

Moe, Alison G. (New York)

Moston, Rachel Kane (New York)

Multer, Andrew Jay (New York)

Murray, Diana Marsh (New York)

Muschenheim, Mark W. (New York)

Myerberg, Andrew Thomas (New York)

Myrvold, Barry K. (New York)

Najib, Mona Vivian (New York)

Naughton, Kathleen Erin (New York)

Neufeld, Sheryl Rebecca (New York)

Ng, William H (New York)

Nguyen, Diep (New York)

Nimick, Virginia Jackson (New York)

Noble, Alexander Macrae (New York)

Okereke, Amy Nkemka (New York)

Oliner, Daniel H. (New York)

O'Sullivan, Mary M (New York)

Parra, Elan David (New York)

Passeser, Daniel Louis (New York)

Patrick, Bradford Collins (New York)

Payne, Steven R. (New York)

Pierre, Lucienne (New York)

Pollack, David Michael (New York)

Porter, Eric Brent (New York)

Priveterre, Joyce Diane (New York)

Profeta, Lawrence John (New York)

Proshansky, Eric (New York)

Pullio, Robyn Nicole (New York)

Reddy, Prathyusha Bandi (New York)

Renaghan, Sean Robert (New York)

Richards, Camiel S. (New York)

Richardson, Lisa Marie (New York)

Rivera, Suzette Corinne (New York)

Rodriguez, Wilda J. (New York)

Rose, Kurt Brian (New York)

Rosenbaum, Bruce (New York)

Rosencrantz, Caryn A. (New York)

Rosenkilde, Kiran Hans (New York)

Rowntree, Laura C. (New York)

Rubin, Jennifer Lindsay (New York)

Rubinstein, Yuval (New York)

Saavedra, Daniel G. (New York)

Saint-Fort, Dominique F. (New York)

Saleem, Afsaan (New York)

Sampale, Suvarna S. (New York)

Santiago, Leticia Joy (New York)

Scharfstein, Susan P. (New York)

Schmedlin, William Francis (New York)

Schowengerdt, John S (New York)

Schuman, Jennifer Helen (New York)

Seacord, Christopher Aaron (New York)

Shaffer, Ryan Glenn (New York)

Shammas, Cheryl Leah (New York)

Shoffel, Amanda (New York)

Shtelmakher, Milena (New York)

Siddiqi, Omar Javed (New York)

Silverberg, Steven Mark (New York)

Silvermintz, Robyn Leigh (New York)

Singer, Zev Samuel (New York)

Singleton, Gerald E. (New York)

Siskind, Shira Rachel (New York)

Sitaras, Basil Constantine (New York)

Smith, Jordan Michael (New York)

Smith, Katherine Elizabeth (New York)

Smith-Williams, Qiana Charmaine (New York)

Sohn, Liza Jin (New York)

Speight, Melanie Mary (New York)

Sprovieri, Kathryn M (New York)

Stackhouse, Noreen M. (New York)

Stavridis, Steve (New York)

Stein, Matthew E. (New York)

Stockman, Benjamin Eldridge (New York)

Sud, Sumit (New York)

Sundaran, Raju (New York)

Swartz, Rhiana L. (New York)

Tann, Sabrina Melissa (New York)

Telfort, Pernell Michael (New York)

Thadani, Kavin Suresh (New York)

Thomas, Gillian C (New York)

Vizzo, Ana Maria (New York)

Wachs, Melissa (New York)

Weiler, Fred Michael (New York)

Weinblatt, Amy J. (New York)

Weingarten, Richard Keith (New York)

Weir, Matthew Charles (New York)

Weiss, Dara Lynn (New York)

Weiss, Lisa Ann (New York)

Weiss, Jed Matthew (New York)

Welch, Alicia Hayley (New York)

Wells, Elizabeth A. (New York)

Weng, Jenny (New York)

Wenzel, Andrew Patrick (New York)

Wilson, Angharad K (New York)

Winslow, Lamar Devaughn (New York)

Yi, Gloria Mihee (New York)

Younger, Stephen P. (New York)

Zgodny, Vicki Becker (New York)

Zimmerman, Tobias Eli (New York)

Zuber, Hugh A. (New York)

Zuckerman, Mark David (New York)

show all people

Documents in the Clearinghouse

Document
1

1:17-cv-07577

Class Action Complaint and Jury Demand

Oct. 4, 2017

Oct. 4, 2017

Complaint
32

1:17-cv-07577

Opinion and Order

Sept. 28, 2018

Sept. 28, 2018

Order/Opinion

335 F.Supp.3d 335

174

1:17-cv-07577

Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Approval of Settlement

Nov. 22, 2022

Nov. 22, 2022

Settlement Agreement
179

1:17-cv-07577

Order Preliminarily Approving Settlement, Directing Notice to Class Members, and Scheduling Fairness Hearing

Dec. 1, 2022

Dec. 1, 2022

Order/Opinion

2022 WL 2022

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6259834/lloyd-jones-v-the-city-of-new-york/

Last updated March 9, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against The City of New York. (Filing Fee $ 400.00, Receipt Number 0208-14204512)Document filed by James Lynch, Baron Spencer, Lloyd Jones.(Lebowitz, David) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

Clearinghouse
2

CIVIL COVER SHEET filed. (Lebowitz, David) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, re: 1 Complaint. Document filed by Lloyd Jones, James Lynch, Baron Spencer. (Lebowitz, David) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
4

NOTICE OF APPEARANCE by Matthew D. Brinckerhoff on behalf of Lloyd Jones, James Lynch, Baron Spencer. (Brinckerhoff, Matthew) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
5

NOTICE OF APPEARANCE by Debra Lea Greenberger on behalf of Lloyd Jones, James Lynch, Baron Spencer. (Greenberger, Debra) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge William H. Pauley, III. 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)

Oct. 5, 2017

Oct. 5, 2017

PACER

Magistrate Judge Barbara C. Moses 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: http://nysd.uscourts.gov/forms.php. (kl)

Oct. 5, 2017

Oct. 5, 2017

PACER

Case Designated ECF. (kl)

Oct. 5, 2017

Oct. 5, 2017

PACER
6

ELECTRONIC SUMMONS ISSUED as to The City of New York. (kl) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
7

ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/14/2017 at 03:00 PM in Courtroom 20B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III, and as further set forth in this Order. (Signed by Judge William H. Pauley, III on 10/11/2017) (rjm) (Entered: 10/12/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
8

NOTICE OF APPEARANCE by Julia P. Kuan on behalf of Lloyd Jones, James Lynch, Baron Spencer. (Kuan, Julia) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
9

SUMMONS RETURNED EXECUTED Summons and Complaint served. The City of New York served on 10/13/2017, answer due 11/3/2017. Service was accepted by Betty Mazyck. Document filed by James Lynch; Baron Spencer; Lloyd Jones. (Lebowitz, David) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
10

NOTICE OF APPEARANCE by Ian William Forster on behalf of The City of New York. (Forster, Ian) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
11

FIRST LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge William H. Pauley, III from Ian William Forster dated October 27, 2017. Document filed by The City of New York. Return Date set for 12/18/2017 at 06:00 PM.(Forster, Ian) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
12

ORDER granting 11 Letter Motion for Extension of Time. Application granted. Defendant shall respond to the Complaint by December 18, 2017. (Signed by Judge William H. Pauley, III on 10/30/2017) (mro) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER

Set/Reset Deadlines: The City of New York answer due 12/18/2017. (mro)

Oct. 30, 2017

Oct. 30, 2017

PACER
13

NOTICE OF APPEARANCE by Martin John Bowe, Jr on behalf of The City of New York. (Bowe, Martin) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
14

LETTER MOTION for Conference pre-motion conference addressed to Judge William H. Pauley, III from Martin Bowe dated December 1, 2017. Document filed by The City of New York.(Bowe, Martin) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
15

LETTER RESPONSE in Opposition to Motion addressed to Judge William H. Pauley, III from David A. Lebowitz dated December 6, 2017 re: 14 LETTER MOTION for Conference pre-motion conference addressed to Judge William H. Pauley, III from Martin Bowe dated December 1, 2017. . Document filed by Lloyd Jones, James Lynch, Baron Spencer. (Lebowitz, David) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
16

RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Lloyd Jones, James Lynch, Baron Spencer.(Lebowitz, David) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
17

ORDER granting 14 Letter Motion for Conference: Application granted. The initial pre-trial conference scheduled for December 14, 2017 will also serve as a pre-motion conference for Defendant's anticipated motion to dismiss. (Signed by Judge William H. Pauley, III on 12/11/2017) (jwh) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
18

SCHEDULING ORDER: The parties having appeared for a conference on December 14, 2017, the following schedule is entered on consent: (1) Defendant shall file its motion to dismiss by January 3, 2018; (2) Plaintiffs shall file their opposition by February 7, 2018; (3) Any reply shall be filed by February 16, 2018; and (4) The parties shall appear for oral argument on February 23, 2018 at 11:30 a.m. Defendant's request for a stay of discovery pending adjudication of the motion to dismiss is denied for the reasons stated on the record. The parties shall proceed with limited discovery in accord with this Court's on-the-record instruction. (Motions due by 1/3/2018. Responses due by 2/7/2018 Replies due by 2/16/2018. Oral Argument set for 2/23/2018 at 11:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 12/14/2017) (jwh) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER

Minute Entry for proceedings held before Judge William H. Pauley, III: Initial Pretrial Conference held on 12/14/2017, Pre-Motion Conference held on 12/14/2017. (Fang, Jerry)

Dec. 14, 2017

Dec. 14, 2017

PACER
19

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery limited Unsealing Order addressed to Judge William H. Pauley, III from Martin Bowe dated December 18, 2017. Document filed by The City of New York. (Attachments: # 1 Exhibit)(Bowe, Martin) Modified on 1/25/2018 (ldi). (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
20

LETTER addressed to Judge William H. Pauley, III from David A. Lebowitz dated December 19, 2017 re: Consent to Proposed Unsealing Order. Document filed by Lloyd Jones, James Lynch, Baron Spencer.(Lebowitz, David) (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

PACER
21

UNSEALING ORDER. IT IS ORDERED that DOC is directed to unseal and provide to defendant's counsel any and all records in DOC's custody relating to the three named plaintiffs during the dates set forth in the complaint; and IT IS FURTHER ORDERED that the N.Y.C. Health + Hospitals is directed to release to defendant's counsel information indicating which, if any, of the three named putative class members in this case had a mental health designation ("M" designation) at the time of their arrest and incarceration as set forth in the complaint or at any time prior while in DOC custody, as well as any medical and/or mental health records that may have been generated for the three named plaintiffs during their respective dates and time in custody as set forth in the complaint. This Order incorporates the agreements between the parties referenced in Plaintiffs' December 19, 2017 letter. So ordered. Granting 19 LETTER MOTION for Discovery limited Unsealing Order addressed to Judge William H. Pauley, III from Martin Bowe dated December 18, 2017. Document filed by The City of New York. (Signed by Judge William H. Pauley, III on 12/21/2017) (rjm) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER

Transmission to Sealed Records Clerk. Transmitted re: 21 Order on Motion for Discovery to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)

Dec. 21, 2017

Dec. 21, 2017

PACER
22

TRANSCRIPT of Proceedings re: CONFERENCE held on 12/14/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2018. Redacted Transcript Deadline set for 2/5/2018. Release of Transcript Restriction set for 4/3/2018.(McGuirk, Kelly) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
23

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 12/14/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
24

MOTION to Dismiss . Document filed by The City of New York. Responses due by 2/7/2018 Return Date set for 2/23/2018 at 11:30 AM.(Bowe, Martin) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
25

DECLARATION of Martin Bowe in Support re: 24 MOTION to Dismiss .. Document filed by The City of New York. (Attachments: # 1 Exhibit)(Bowe, Martin) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
26

MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss . . Document filed by The City of New York. (Bowe, Martin) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
27

MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss . . Document filed by Lloyd Jones, James Lynch, Baron Spencer. (Lebowitz, David) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
28

REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss . . Document filed by The City of New York. (Bowe, Martin) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
29

SCHEDULING ORDER: Having reviewed the parties' submissions, this Court will resolve Defendant's motion to dismiss on submission. Accordingly, the oral argument scheduled for February 23, 2018 is cancelled. So ordered. The following hearing(s) was terminated: Oral Argument. (Signed by Judge William H. Pauley, III on 2/10/2018) (rjm) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
30

JOINT LETTER MOTION for Local Rule 37.2 Conference addressed to Judge William H. Pauley, III from David A. Lebowitz dated April 25, 2018. Document filed by Lloyd Jones, James Lynch, Baron Spencer. (Attachments: # 1 Exhibit Exhibit A to Plaintiffs' Position, # 2 Exhibit Exhibit B to Plaintiffs' Position, # 3 Exhibit Exhibit C to Plaintiffs' Position, # 4 Exhibit Exhibit D to Defendant's Position, # 5 Exhibit Exhibit E to Defendants's Position, # 6 Exhibit Exhibit F to Defendant's Position, # 7 Exhibit Exhibit G to Defendant's Position)(Lebowitz, David) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

PACER
31

STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge William H. Pauley, III on 5/8/2018) (rro) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
32

OPINION & ORDER re: 24 MOTION to Dismiss filed by The City of New York: For the foregoing reasons, the City's motion to dismiss is denied. The Clerk of Court is directed to terminate the motion pending at ECF No. 24. The parties shall appear for a status conference on October 23, 2018 at 12:30 p.m. (Status Conference set for 10/23/2018 at 12:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 9/28/2018) (jwh) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

Clearinghouse
33

ANSWER to 1 Complaint. Document filed by The City of New York.(Forster, Ian) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
34

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re: 32 Memorandum & Opinion,, Set Hearings, addressed to Judge William H. Pauley, III from Martin Bowe dated October 18, 2018. Document filed by The City of New York.(Forster, Ian) Modified on 11/16/2018 (ldi). (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

PACER
35

LETTER RESPONSE in Opposition to Motion addressed to Judge William H. Pauley, III from David A. Lebowitz dated October 22, 2018 re: 34 LETTER MOTION for Conference re: 32 Memorandum & Opinion,, Set Hearings, addressed to Judge William H. Pauley, III from Martin Bowe dated October 18, 2018. . Document filed by Lloyd Jones, James Lynch, Baron Spencer. (Lebowitz, David) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER

Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 10/23/2018.

Oct. 23, 2018

Oct. 23, 2018

PACER
36

SCHEDULING ORDER: The parties having appeared for a status conference on October 23, 2018, the following schedule is entered on consent: (1) The parties shall produce critical categories of paper discovery, as described in Plaintiffs' proposal (ECF No. 35) by November 30, 2018; (2) The parties shall complete a limited Rule 30(b)(6) deposition of the DOC, as described in Plaintiffs' proposal (ECF No. 35) by December 21, 2018; (3) The parties shall submit a joint status report by March 8, 2019; and (4) The parties shall appear for a status conference on March 15, 2019 at 11:00 a.m. (Deposition due by 12/21/2018. Discovery due by 11/30/2018. Status Conference set for 3/15/2019 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/24/2018) (jwh) (Entered: 10/25/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
37

TRANSCRIPT of Proceedings re: conference held on 10/23/2018 before Judge William H. Pauley, III. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/10/2018. Redacted Transcript Deadline set for 12/20/2018. Release of Transcript Restriction set for 2/17/2019.(McGuirk, Kelly) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
38

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/23/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
39

LETTER MOTION for Extension of Time to comply with the Court's discovery schedule as set forth at Dkt. No. 36 addressed to Judge William H. Pauley, III from Ian William Forster dated December 11, 2018. Document filed by The City of New York.(Forster, Ian) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
40

ORDER granting 39 Letter Motion for Extension of Time: Application granted as set forth herein. (Deposition due by 1/11/2019.) (Signed by Judge William H. Pauley, III on 12/17/2018) (jwh) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
41

LETTER MOTION for Extension of Time to allow the parties until February 1, 2019 to complete the Rule 30(b)(6) deposition addressed to Judge William H. Pauley, III from Ian William Forster dated January 8, 2019. Document filed by The City of New York.(Forster, Ian) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
42

ORDER granting 41 Letter Motion for Extension of Time. Application. So Ordered. Deposition due by 2/1/2019. (Signed by Judge William H. Pauley, III on 1/9/2019) (js) (Entered: 01/10/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
43

STATUS REPORT. Joint Status Report Document filed by Lloyd Jones, James Lynch, Baron Spencer.(Lebowitz, David) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
44

SCHEDULING ORDER: The following schedule is entered on consent of the parties: (1) The parties shall engage in further discovery in accord with this Court's on-the-record instruction; (2) The parties shall file a joint status report in accord with this Court's on-the-record instruction by May 6, 2019 at 5:00 p.m.; and (3) The parties shall appear for a status conference on May 9, 2019 at 9:30 a.m. SO ORDERED. (Status Conference set for 5/9/2019 at 09:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/15/2019) (anc) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER

Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 3/15/2019.

March 15, 2019

March 15, 2019

PACER
45

TRANSCRIPT of Proceedings re: CONFERENCE held on 3/15/2019 before Judge William H. Pauley, III. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2019. Redacted Transcript Deadline set for 4/29/2019. Release of Transcript Restriction set for 6/25/2019.(McGuirk, Kelly) (Entered: 03/27/2019)

March 27, 2019

March 27, 2019

PACER
46

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/15/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/27/2019)

March 27, 2019

March 27, 2019

PACER
47

NOTICE OF APPEARANCE by Rachel Kathryn Marcoccia on behalf of The City of New York. (Marcoccia, Rachel) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
48

STATUS REPORT. (Joint) Document filed by Lloyd Jones, James Lynch, Baron Spencer.(Lebowitz, David) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
49

MEMO ENDORSEMENT: on re: 48 Status Report filed by James Lynch, Baron Spencer, Lloyd Jones. ENDORSEMENT: In view of the parties' joint status report, the status conference scheduled for May 9, 2019 is adjourned to June 4, 2019 at 2:30 p.m. The parties are directed to submit a further joint status report by May 31, 2019. SO ORDERED., ( Status Conference set for 6/4/2019 at 02:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/07/2019) (ama) (Entered: 05/07/2019)

May 7, 2019

May 7, 2019

PACER
50

FIRST LETTER MOTION for Extension of Time to File Joint Status Report addressed to Judge William H. Pauley, III from Rachel K. Marcoccia dated May 31, 2019. Document filed by The City of New York.(Marcoccia, Rachel) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
51

ORDER granting 50 Letter Motion for Extension of Time to File: Application granted. The parties shall submit their joint status report by June 3, 2019 at 5:00 p.m. (Signed by Judge William H. Pauley, III on 5/31/2019) (jwh) (Entered: 06/03/2019)

May 31, 2019

May 31, 2019

PACER
52

STATUS REPORT. (Joint) Document filed by Lloyd Jones, James Lynch, Baron Spencer.(Lebowitz, David) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

RECAP
53

MEMO ENDORSEMENT on re: 52 Status Report filed by James Lynch, Baron Spencer, Lloyd Jones. ENDORSEMENT: In view of the parties' joint status report, the status conference scheduled for June 4, 2019 is adjourned to September 5, 2019 at 11:00 a.m. The parties are directed to submit a further status report by August 30, 2019. SO ORDERED. (Status Conference set for 9/5/2019 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 6/3/2019) (kv) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
54

STATUS REPORT. Document filed by Lloyd Jones, James Lynch, Baron Spencer.(Lebowitz, David) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
55

MEMO ENDORSEMENT on re: 54 Status Report filed by James Lynch, Baron Spencer, Lloyd Jones. ENDORSEMENT: In view of the parties' joint status report, the status conference scheduled for September 5, 2019 is adjourned to November 4, 2019 at 11:00 a.m. The parties are directed to submit a status report by October 31, 2019. So ordered. (Status Conference set for 11/4/2019 at 11:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 9/4/2019) (js) (Entered: 09/05/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER
56

STATUS REPORT. Document filed by Lloyd Jones, James Lynch, Baron Spencer.(Lebowitz, David) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
57

SCHEDULING ORDER: The parties having appeared for a status conference on November 4, 2019, the following schedule is entered on consent of the parties: (1) The parties shall file a joint status report in accord with this Court's on-the-record instruction by February 7, 2020; and (2) The parties shall appear for a status conference on February 14, 2019 at 12:30 p.m. (Status Conference set for 2/14/2019 at 12:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 11/4/2019) (jwh) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER

Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 11/4/2019.

Nov. 4, 2019

Nov. 4, 2019

PACER
58

SCHEDULING ORDER: The status conference scheduled for February 14, 2020 is rescheduled to February 27, 2020 at 10:30 a.m. The deadline for the parties to submit their joint status report is extended to February 20, 2020. Dated: February 5, 2020 (Status Conference set for 2/27/2020 at 10:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 2/5/2020) (jwh) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
59

LETTER MOTION for Extension of Time to file Status Report addressed to Judge William H. Pauley, III from David A. Lebowitz dated February 6, 2020. Document filed by Lloyd Jones, James Lynch, Baron Spencer..(Lebowitz, David) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
60

ORDER granting 59 Letter Motion for Extension of Time. Application granted. (Signed by Judge William H. Pauley, III on 2/7/2020) (mro) (Entered: 02/10/2020)

Feb. 7, 2020

Feb. 7, 2020

PACER
61

STATUS REPORT. Document filed by Lloyd Jones, James Lynch, Baron Spencer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D).(Lebowitz, David) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

PACER

Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 2/27/2020.

Feb. 27, 2020

Feb. 27, 2020

PACER
62

SCHEDULING ORDER: The parties having appeared for a status conference on February 27, 2020, this Court enters the following schedule: (1) Defendant shall produce to Plaintiffs a copy of the logbook introduced at the status conference by February 28, 2020. As stipulated by the parties, the logbook shall be designated "attorneys" eyes only." (2) Defendant shall file a status report on March 11, 2020 concerning its production of the remaining logbooks, the bail receipt books, and the training materials. (3) The parties shall file a joint status report concerning discovery and next steps in this litigation on March 31, 2020. (4) The parties shall appear for a status conference on April 3, 2020 at 11:00 a.m. SO ORDERED. Status Conference set for 4/3/2020 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 2/28/2020) (jca) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
63

TRANSCRIPT of Proceedings re: CONFERENCE held on 2/27/2020 before Judge William H. Pauley, III. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2020. Redacted Transcript Deadline set for 4/10/2020. Release of Transcript Restriction set for 6/8/2020..(McGuirk, Kelly) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

PACER
64

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/27/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

PACER
65

LETTER addressed to Judge William H. Pauley, III from Rachel K. Marcoccia dated March 11, 2020 re: Request for Leave to Withdraw as Counsel. Document filed by The City of New York..(Marcoccia, Rachel) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER
66

LETTER addressed to Judge William H. Pauley, III from Ian William Forster dated March 11, 2020 re: status report, per the Court's February 28, 2020 Order (Dkt No 62). Document filed by The City of New York..(Forster, Ian) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER
67

NOTICE OF APPEARANCE by Ananda Venkata Burra on behalf of Lloyd Jones, James Lynch, Baron Spencer..(Burra, Ananda) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
68

MEMO ENDORSEMENT on re: 65 Letter filed by The City of New York. ENDORSEMENT: Application granted. (Attorney Rachel Kathryn Marcoccia terminated.) (Signed by Judge William H. Pauley, III on 3/13/2020) (jwh) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
69

SCHEDULING ORDER: The status conference scheduled for April 3, 2020 at 11:00 a.m. shall be conducted by telephone. Plaintiffs counsel shall make all arrangements for the conference call and inform this Court of the dial-in information at least two hours in advance of the call. Telephone Conference set for 4/3/2020 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 3/17/2020) (js) (Entered: 03/18/2020)

March 17, 2020

March 17, 2020

PACER
70

NOTICE OF CHANGE OF ADDRESS by David A Lebowitz on behalf of Lloyd Jones, James Lynch, Baron Spencer. New Address: Kaufman Lieb Lebowitz & Frick LLP, 10 East 40th Street, Suite 3307, New York, New York, USA 10016, 212-660-2332..(Lebowitz, David) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
71

NOTICE OF CHANGE OF ADDRESS by David A Lebowitz on behalf of Lloyd Jones, James Lynch, Baron Spencer. New Address: Kaufman Lieb Lebowitz & Frick LLP, 10 East 40th Street, Suite 3307, New York, New York, United States 10016, 2126602332..(Lebowitz, David) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
72

NOTICE OF APPEARANCE by Rosemary Yogiaveetil on behalf of The City of New York..(Yogiaveetil, Rosemary) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
73

STATUS REPORT. Document filed by The City of New York..(Forster, Ian) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
74

LETTER addressed to Judge William H. Pauley, III from Ananda V. Burra dated April 2, 2020 re: APRIL 3, 2020 STATUS CONFERENCE CALL INFORMATION. Document filed by Lloyd Jones, James Lynch, Baron Spencer..(Burra, Ananda) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER

Minute Entry for proceedings held before Judge William H. Pauley, III: Telephone Conference held on 4/3/2020.

April 3, 2020

April 3, 2020

PACER
75

SCHEDULING ORDER: The parties having appeared for a status conference on April 3, 2020, this Court enters the following schedule: (1) Defendant shall commence production of ESI material on a rolling basis by April 10, 2020 and shall complete its production by June 1, 2020. (2) The parties shall file a joint letter outlining a proposal for remote depositions of low-level fact witnesses by April 17, 2020. (3) The parties shall file a joint status report concerning discovery and next steps in this litigation on May 6, 2020. (Signed by Judge William H. Pauley, III on 4/6/2020) (jwh) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER

Terminate Transcript Deadlines (jwh)

April 6, 2020

April 6, 2020

PACER
76

NOTICE OF CHANGE OF ADDRESS by Ananda Venkata Burra on behalf of Lloyd Jones, James Lynch, Baron Spencer. New Address: Emery Celli Brinckerhoff & Abady LLP, 600 Fifth Avenue, 10th Floor, New York, NY, United States 10020, 2127635000..(Burra, Ananda) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
77

TRANSCRIPT of Proceedings re: CONFERENCE held on 4/3/2020 before Judge Gregory H. Woods. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/8/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/16/2020..(McGuirk, Kelly) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
78

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 04/3/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
79

STATUS REPORT. Document filed by The City of New York..(Forster, Ian) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
80

MEMO ENDORSEMENT on re: 79 Status Report filed by The City of New York. ENDORSEMENT: Application granted. This Court will conduct a teleconference concerning the parties' dispute on April 23, 2020 at 11:00 a.m. The dial-in number for the teleconference is (888)363-4749. The access code is 3070580. (Telephone Conference set for 4/23/2020 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 4/21/2020) (jwh) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
81

TRANSCRIPT of Proceedings re: CONFERENCE held on 4/3/2020 before Judge William H. Pauley, III. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/13/2020. Redacted Transcript Deadline set for 5/26/2020. Release of Transcript Restriction set for 7/21/2020..(McGuirk, Kelly) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
82

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/3/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Minute Entry for proceedings held before Judge William H. Pauley, III: Telephone Conference held on 4/23/2020.

April 23, 2020

April 23, 2020

PACER
83

ORDER: On April 23, 2020, this Court conducted a telephonic conference concerning a dispute over the need for depositions in this action at this time. For the reasons stated on the record: (1) Defendant shall inform Plaintiffs of the availability, technological capabilities, and professional duties of the 15 potential witnesses (the Captain deployed to the Anna M. Kross Center is not included) identified within the parties' joint submission (ECF No. 79) by April 30, 2020. If Defendant fails to do so, Defendant shall provide Plaintiffs with contact information for the 15 potential witnesses. (2) In lieu of the parties' anticipated May 6, 2020 status report (See ECF No. 75), the parties shall submit a status report on May 7, 2020 concerning the scheduling of depositions, all remaining discovery, and next steps in this litigation. (Signed by Judge William H. Pauley, III on 4/27/2020) (jwh) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

RECAP
84

TRANSCRIPT of Proceedings re: CONFERENCE held on 4/23/2020 before Judge William H. Pauley, III. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/20/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/28/2020..(McGuirk, Kelly) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
85

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/23/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
86

STATUS REPORT. Document filed by Lloyd Jones, James Lynch, Baron Spencer..(Burra, Ananda) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
87

MEMO ENDORSEMENT on re: 86 Status Report filed by James Lynch, Baron Spencer, Lloyd Jones. ENDORSEMENT: Plaintiffs' application is granted. Defendant shall explore alternative possibilities for acquiring and producing the relevant hard-copy records. Defendant shall update this Court on its efforts in a joint status report to be filed by June 1, 2020. That status report shall also update this Court on the remaining discovery and next steps in this litigation. Additionally, given their different roles and titles, Plaintiffs are entitled to depose both Mr. Chowdhury and Mr. Scully. (Signed by Judge William H. Pauley, III on 5/19/2020) (jwh) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Post-WalMart decisions on class certification

Key Dates

Filing Date: Oct. 4, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs were individuals who represented the following class: those individuals who were in the custody of New York City's Department of Corrections, were on at least one occasion released from DOC custody upon payment of bail between October 4, 2014 and October 21, 2022, and had a delay in their release from custody after bail had been paid.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Emery Celli Brinckerhoff & Abady LLP

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of New York (New York), City

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Equal Protection

Available Documents:

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 300,000,000

Issues

General/Misc.:

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities