Case: Yates v. New York City

1:21-cv-01904 | U.S. District Court for the Southern District of New York

Filed Date: March 4, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 4, 2021, a private plaintiff filed suit in the U.S. District Court for the Southern District of New York against the City of New York and the Chief of Patrol of the NYPD in both his individual capacity and as a policymaker. The plaintiff, represented by private counsel, brought this action under New York state law and 42 U.S.C. § 1983 to remedy violations of his First, Fourth, and Fourteenth Amendment rights. The lawsuit sought damages, punitive damages, and attorneys’ fees. Specifical…

On March 4, 2021, a private plaintiff filed suit in the U.S. District Court for the Southern District of New York against the City of New York and the Chief of Patrol of the NYPD in both his individual capacity and as a policymaker. The plaintiff, represented by private counsel, brought this action under New York state law and 42 U.S.C. § 1983 to remedy violations of his First, Fourth, and Fourteenth Amendment rights. The lawsuit sought damages, punitive damages, and attorneys’ fees.

Specifically, the complaint alleged that on May 31, 2020, the plaintiff was part of a protest in New York City for racial justice and police reform in the wake of the murder of George Floyd. The protesters’ progress was stopped by a phalanx of police officers in Lower Manhattan. NYPD supervisory officers, identified by their white shirts and including the Chief of Patrol, allegedly ordered the armed officers to charge the protesters without warning and without provocation. The plaintiff was hit with a baton, and when he fell to the ground, five NYPD officers surrounded him, dragged him to the curb, and then handcuffed him. The plaintiff was released at the scene with no explanation as to why he had been handcuffed. The complaint further alleged that the violence the plaintiff experienced was not unusual; it was a direct result of the NYPD’s policy in addressing protests like those in the summer of 2020.

On March 8, 2021, the case was assigned to Judge Colleen McMahon and Magistrate Judge Gabriel W. Gorenstein and was consolidated with five other suits relating to the 2020 racial justice protests in New York, captioned as In re: New York City Policing During Summer 2020 Demonstrations. For discovery-related filings in all cases, as well as the district court’s decisions on consolidated motions, visit that entry in the Clearinghouse.

Also in March 2021, the Police Benevolent Association of the City of New York, the Sergeants’ Benevolent Association of New York City, and the Detectives’ Endowment Association of New York City moved to intervene in some or all of the consolidated cases. On April 28, 2021, Judge McMahon denied all three of the unions’ motions to intervene without prejudice for renewal, reasoning that until the litigation reached a point at which a settlement or injunctive relief was more than merely speculative, the unions were not facing any “practical impact” sufficient to warrant intervention. The PBA appealed. On March 4, 2022, the U.S. Court of Appeals for the Second Circuit affirmed in part and reversed in part the trial court’s decision, holding that the PBA’s interest in officer safety was a cognizable interest that warranted intervention in the actions seeking declaratory and injunctive relief, but not in the actions seeking monetary damages only. On remand, the trial court was instructed to grant the PBA’s motion to intervene. The motion was granted in June 2022.

While the unions’ appeal proceeded with the Second Circuit, the case proceeded through discovery at the district court level. On July 9, 2021, Judge McMahon granted in part and denied in part the defendants’ motion to dismiss the amended complaints in the consolidated action. All claims against Mayor de Blasio, Police Commissioner Shea, and Police Chief Monahan in their official capacities were dismissed as redundant in the face of the claims made against the municipality. Judge McMahon also dismissed all claims against Commissioner Shea in his individual capacity, citing a lack of any indication in the record that he was personally involved in violating the plaintiffs’ constitutional rights. The court further held that the curfew orders issued and enforced by the City during the protests were lawful, and therefore dismissed all of the claims made by the Sow plaintiffs relating to the curfew. The court denied the motion as to the remaining claims in all cases and allowed those claims to proceed.

On March 11, 2022, the court entered a judgment in the amount of $15,001 for the plaintiff’s claims. The parties settled issues on attorney’s fees, and the settlement agreement, stipulation, and order of dismissal with prejudice were filed in early July 2022. The court retained jurisdiction to enforce the terms of the settlement agreement.

As of April 4, 2023, the remaining consolidated cases were proceeding through discovery and mediation.

Summary Authors

Kady Matsuzaki (3/4/2023)

Related Cases

Payne v. de Blasio, Southern District of New York (2020)

Sierra v. City of New York, Southern District of New York (2020)

Wood v. de Blasio, Southern District of New York (2020)

People of New York v. New York, Southern District of New York (2021)

Sow v. City of New York, Southern District of New York (2021)

Rolon v. City of New York, Southern District of New York (2021)

Gray v. City of New York, Southern District of New York (2021)

Hernandez v. City of New York, Southern District of New York (2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59705394/parties/yates-v-new-york-city/


Judge(s)

McMahon, Colleen (New York)

Attorney for Plaintiff

Stoll, Andrew Brian (New York)

Attorney for Defendant

Jacobs, Elissa Beth (New York)

Robinson, Amy (New York)

Weiss, Dara Lynn (New York)

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Documents in the Clearinghouse

Document
1

1:21-cv-01904

Complaint and Jury Demand

March 4, 2021

March 4, 2021

Complaint
65

1:21-cv-01904

Memorandum Decision and Order Granting in Part and Denying in Part Defendants' Motion to Dismiss the Amended Complaints

In Re: New York City Policing During Summer 2020 Demonstrations

July 9, 2021

July 9, 2021

Order/Opinion
82

1:21-cv-01904

Judgment

In re: New York City Policing During Summer 2020 Demonstrations

March 11, 2022

March 11, 2022

Order/Opinion
88

1:21-cv-01904

Stipulation and Order of Settlement of Attorneys' Fees and Discontinuance

July 1, 2022

July 1, 2022

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59705394/yates-v-new-york-city/

Last updated March 10, 2024, 4:03 a.m.

ECF Number Description Date Link Date / Link
1

FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against CITY OF NEW YORK, Fausto Pichardo. (Filing Fee $ 402.00, Receipt Number ANYSDC-24203082)Document filed by Cameron Yates..(Stoll, Andrew) Modified on 3/5/2021 (dnh). (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

Clearinghouse
2

CIVIL COVER SHEET filed..(Stoll, Andrew) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER
3

STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-8924. Document filed by Cameron Yates..(Stoll, Andrew) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER

Notice to Attorney Regarding Party Modification

March 5, 2021

March 5, 2021

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew Brian Stoll. The party information for the following party/parties has been modified: CITY OF NEW YORK; Fausto Pichardo. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (dnh)

March 5, 2021

March 5, 2021

PACER

Notice to Attorney Regarding Deficient Pleading

March 5, 2021

March 5, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew Brian Stoll to RE-FILE re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party John DOs ##1-5. The pleading was not signed by the filing attorney. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (dnh)

March 5, 2021

March 5, 2021

PACER

Case Opening Initial Assignment Notice

March 5, 2021

March 5, 2021

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(dnh)

March 5, 2021

March 5, 2021

PACER

Case Designated ECF. (dnh)

March 5, 2021

March 5, 2021

PACER

Case Designated ECF

March 5, 2021

March 5, 2021

PACER

CASE REFERRED TO Judge Colleen McMahon as possibly related to 1:20-cv-08924-CM. (dnh)

March 5, 2021

March 5, 2021

PACER

Case Referred as Possibly Related/Similar

March 5, 2021

March 5, 2021

PACER

Case Consolidation - Member

March 8, 2021

March 8, 2021

PACER
4

ORDER: The Court, having been informed that this case, originally filed on March 4, 2021, is related to an earlier-filed action, directs that it be consolidated with the cases that currently make up In re: New York City Policing During Summer 2020 Demonstrations; 1:20-cv-08924 (CM) (GWG). In the related case statement, counsel for plaintiff asked that this case not be consolidated with the other cases for any purpose, because this case involves a single plaintiff who was injured in a single incident. That request is DENIED. Plaintiff asked that this case be deemed related to the earlier-filed cases. And so it is. In fact, Cameron Yates is undoubtedly a member of one or more of the proposed classes of plaintiffs in one or more of the previously consolidated cases, since the plaintiff admits that he was injured on a day encompassed by the previously filed lawsuits (May 30, 2020). Of course, Mr. Yates does not have to participate in a class action; he can opt out and bring his own case if he wishes to do so. But the issues comprehended by his complaint are by his own admission identical to the issues raised in the cases that he himself deems to be related. Therefore, Yates will be put on exactly the same discovery and motion schedule as all the rest of the plaintiffs in these related actions. His case is subject to all the deadlines in the order signed by this court on February 22, 2021, which appears as Docket #40 in Payne v. DiBlasio, 20 Civ. 8924. In particular, all future filings in this action must be filed under No. 20 civ. 8924, which is the lowest docket number of these related cases. BY ECF TO ALL PARTIES. (Signed by Judge Colleen McMahon on 3/8/2021) (jca) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

RECAP

CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-08924-CM.. (jca)

March 8, 2021

March 8, 2021

PACER
5

TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2021 before Judge Colleen McMahon. Court Reporter/Transcriber: Steven Greenblum, (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 3/29/2021. Redacted Transcript Deadline set for 4/8/2021. Release of Transcript Restriction set for 6/7/2021.Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
6

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/22/21 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...Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER

CASE ACCEPTED AS RELATED. Create association to 1:20-cv-08924-CM. Notice of Assignment to follow. (laq)

March 9, 2021

March 9, 2021

PACER

Case Accepted as Related

March 9, 2021

March 9, 2021

PACER

Notice of Case Assignment/Reassignment

March 9, 2021

March 9, 2021

PACER

NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (laq)

March 9, 2021

March 9, 2021

PACER

Magistrate Judge Gabriel W. Gorenstein 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. (laq)

March 9, 2021

March 9, 2021

PACER

Case Designation

March 9, 2021

March 9, 2021

PACER
7

NOTICE OF APPEARANCE by Robert Sherlock Smith on behalf of Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Smith, Robert) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
8

TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2021 before Judge Colleen McMahon. Court Reporter/Transcriber: Steven Greenblum, (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 4/7/2021. Redacted Transcript Deadline set for 4/19/2021. Release of Transcript Restriction set for 6/15/2021.Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
9

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/22/21 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...Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
10

LETTER addressed to Judge Colleen McMahon from Douglas E. Lieb dated 3/18/2021 re: Requesting the Court's Assistance in Resolving Docketing Issues Preventing Consolidated Filings. Document filed by Charles Henry Wood.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Lieb, Douglas) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
11

MEMORANDUM OF LAW in Opposition re: (51 in 1:20-cv-08924-CM, 48 in 1:21-cv-00322-CM) MOTION to Intervene on behalf of the Detectives Endowment Association., (45 in 1:21-cv-00322-CM, 48 in 1:20-cv-08924-CM, 45 in 1:20-cv-10541-CM) MOTION to Intervene as a party-defendant., (43 in 1:21-cv-00322-CM) MOTION to Intervene ., (38 in 1:21-cv-00322-CM) MOTION to Intervene on behalf of the Detectives Endowment Association., (45 in 1:20-cv-08924-CM) MOTION to Intervene . . Document filed by Matthew Bredder, Savitri Durkee, Jaime Fried, Camila Gini, Alex Gutierrez, Vidal Guzman, David Jaklevic, Vivian Matthew King-Yarde, Andie Mali, Micaela Martinez, Colleen McCormack-Maitland, Charlie Monlouis-Anderle, Nicholas Mulder, Jarrett Payne, People of The State of New York, Julian Phillips, Dara Pluchino, Oscar Rios, Barbara Ross, Maria Salazar, Amali Sierra, Samira Sierra, Adama Sow, Charles Henry Wood, Sabrina Zurkuhlen, Alexandra de Mucha Pino. (Attachments: # 1 Exhibit A - Feb. 26, 2021 Letter from B. Goykadosh to All Plaintiff Counsel)Filed In Associated Cases: 1:20-cv-08924-CM et al..(England, Travis) (Entered: 03/19/2021)

1 Exhibit A - Feb. 26, 2021 Letter from B. Goykadosh to All Plaintiff Counsel

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March 19, 2021

March 19, 2021

PACER
12

OPPOSITION BRIEF re: (11 in 1:20-cv-08924-CM) Letter, . Document filed by City of New York.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Jacobs, Elissa) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
13

MEMORANDUM OF LAW in Opposition re: (48 in 1:21-cv-00322-CM) MOTION to Intervene on behalf of the Detectives Endowment Association., (45 in 1:21-cv-00322-CM) MOTION to Intervene as a party-defendant., (43 in 1:21-cv-00322-CM) MOTION to Intervene ., (38 in 1:21-cv-00322-CM) MOTION to Intervene on behalf of the Detectives Endowment Association. . Document filed by City of New York, Bill De Blasio, Terence Monahan. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Weiss, Dara) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
14

LETTER addressed to Judge Colleen McMahon from Robert S. Smith dated March 26, 2021 re: Reply to Plaintiff and Defendant Motion in Opp to Motion to Intervene. Document filed by Police Benevolent Association of the City of New York, Inc..Filed In Associated Cases: 1:20-cv-08924-CM et al..(Dolan, Richard) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
15

REPLY MEMORANDUM OF LAW in Support re: (48 in 1:20-cv-08924-CM, 45 in 1:20-cv-10541-CM, 45 in 1:21-cv-00322-CM) MOTION to Intervene as a party-defendant. . Document filed by Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Dolan, Richard) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
16

MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-01904-CM) Complaint, (49 in 1:21-cv-00533-CM) Amended Complaint, (51 in 1:21-cv-00322-CM) Amended Complaint, . Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea, City of New York, Terence A. Monahan, Dermot F. Shea, Bill de Blasio, City Of New York, Terence Monahan, Dermot Shea, Bill de Blasio, City of New York, Terence Monahan, Dermot Shea, Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, New York City.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Jacobs, Elissa) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
17

MEMORANDUM OF LAW in Support re: (62 in 1:20-cv-10541-CM, 16 in 1:21-cv-01904-CM, 64 in 1:21-cv-00533-CM, 105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 69 in 1:21-cv-00322-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019 . Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea, City of New York, Terence A. Monahan, Dermot F. Shea, Bill de Blasio, City Of New York, Terence Monahan, Dermot Shea, Bill de Blasio, City of New York, Terence Monahan, Dermot Shea, Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, New York City. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Jacobs, Elissa) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
18

DECLARATION of Brachah Goykadosh in Support re: (62 in 1:20-cv-10541-CM, 16 in 1:21-cv-01904-CM, 64 in 1:21-cv-00533-CM, 105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 69 in 1:21-cv-00322-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea, City of New York, Terence A. Monahan, Bill de Blasio, City Of New York, Terence Monahan, Dermot Shea, Bill de Blasio, City of New York, Terence Monahan, Dermot Shea, Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, New York City. (Attachments: # 1 Exhibit A: Mass Demonstration Response Tracker, # 2 Exhibit B: NYC Police Reform and Reinvention Collaborative Draft Plan dated March 5, 2021, # 3 Exhibit C: NYC Police Reform and Reinvention Collaborative Draft Plan: Part 2 dated March 12, 2021, # 4 Exhibit D: Department of Investigation Report, # 5 Exhibit E: Corporation Counsel Report, # 6 Exhibit F: Emergency Executive Order No. 117, # 7 Exhibit G: Executive Order No. 203, # 8 Exhibit H: Executive Order No. 58)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Jacobs, Elissa) (Entered: 03/26/2021)

1 Exhibit A: Mass Demonstration Response Tracker

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2 Exhibit B: NYC Police Reform and Reinvention Collaborative Draft Plan dated Marc

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3 Exhibit C: NYC Police Reform and Reinvention Collaborative Draft Plan: Part 2 da

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4 Exhibit D: Department of Investigation Report

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5 Exhibit E: Corporation Counsel Report

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6 Exhibit F: Emergency Executive Order No. 117

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7 Exhibit G: Executive Order No. 203

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8 Exhibit H: Executive Order No. 58

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March 26, 2021

March 26, 2021

PACER
19

LETTER MOTION for Extension of Time to File Answer for certain individual defendants addressed to Judge Colleen McMahon from Elissa B. Jacobs dated March 26, 2021. Document filed by City of New York, City of New York, City Of New York, City of New York, City Of New York, New York City.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Jacobs, Elissa) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
20

LETTER addressed to Judge Colleen McMahon from Robert S. Smith dated March 26, 2021 re: Corrected letter regarding Intervention Reply Brief. Document filed by Police Benevolent Association of the City of New York, Inc..Filed In Associated Cases: 1:20-cv-08924-CM et al..(Dolan, Richard) (Entered: 03/27/2021)

March 27, 2021

March 27, 2021

PACER

Set/Reset Deadlines

March 29, 2021

March 29, 2021

PACER
21

ORDER granting in part (108) Letter Motion for Extension of Time to Answer re (108 in 1:20-cv-08924-CM) LETTER MOTION for Extension of Time to File Answer for certain individual defendants addressed to Judge Colleen McMahon from Elissa B. Jacobs dated March 26, 2021.. in case 1:20-cv-08924-CM. As 13 new Officer defendants were named only this month, I really have little choice. I would have preferred that the City move on behalf of the original groups of officers and let the others join in those motions later. This could have been raised with me as early as March 8. Please don't make this error again. You have until April 23 to move or answer on behalf of the named officers. (Signed by Judge Colleen McMahon on 3/29/2021) Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10291-CM, 1:20-cv-10541-CM, 1:21-cv-00533-CM, 1:21-cv-01904-CM (jca) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER

Set/Reset Deadlines: Fausto Pichardo answer due 4/23/2021. (jca)

March 29, 2021

March 29, 2021

PACER
22

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jennvine Wong dated 03/30/2021 re: Letter Regarding Protective Order. Document filed by Jaime Fried, Camila Gini, Vidal Guzman, Vivian Matthew King-Yarde, Andie Mali, Micaela Martinez, Colleen McCormack-Maitland, Charlie Monlouis-Anderle, Nicholas Mulder, Jarrett Payne, Julian Phillips. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Wong, Jennvine) (Entered: 03/30/2021)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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March 30, 2021

March 30, 2021

PACER
23

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Elissa B. Jacobs dated April 1, 2021 re: Letter in Response to Plaintiff's Letter Regarding Protective Order. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea, City of New York, Terence A. Monahan, Dermot F. Shea, Bill de Blasio, City Of New York, Terence Monahan, Dermot Shea, Bill de Blasio, City of New York, Terence Monahan, Dermot Shea, Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, New York City. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Jacobs, Elissa) (Entered: 04/01/2021)

1 Text of Proposed Order

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April 1, 2021

April 1, 2021

PACER
24

LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss, addressed to Judge Colleen McMahon from Swati R. Prakash dated 04/06/2021., LETTER MOTION for Leave to File Excess Pages for Memorandum of Law opposing Defendants' Motion to Dismiss, addressed to Judge Colleen McMahon from Swati R. Prakash dated 04/06/2021. Document filed by People of The State of New York.Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10291-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM, 1:21-cv-01904-CM.(Prakash, Swati) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER
25

LETTER RESPONSE in Opposition to Motion addressed to Judge Colleen McMahon from Brachah Goykadosh dated April 6, 2021 re: (24 in 1:21-cv-01904-CM, 24 in 1:21-cv-01904-CM) LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss, addressed to Judge Colleen McMahon from Swati R. Prakash dated 04/06/2021. LETTER MOTION for Leave to File Excess Pages for Memorandum of Law opposing Defendants' Motion to Dismiss, addressed to Judge Colleen McMahon from Swati R. Prakash dated 04/06/2021. . Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Goykadosh, Brachah) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER
26

LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Remy Green and Sow Counsel dated 2021-04-07 re: (116 in 1:20-cv-08924-CM, 116 in 1:20-cv-08924-CM, 24 in 1:21-cv-01904-CM, 24 in 1:21-cv-01904-CM, 77 in 1:21-cv-00322-CM, 77 in 1:21-cv-00322-CM, 70 in 1:20-cv-10541-CM, 70 in 1:20-cv-10541-CM, 62 in 1:20-cv-10291-CM, 62 in 1:20-cv-10291-CM) LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss, addressed to Judge Colleen McMahon from Swati R. Prakash dated 04/06/2021. LETTER MOTION for Leave to File Excess Pages for Memorandum of Law opposing Defendants' Motion to Dismiss, addressed to Judge Colleen McMahon from Swati R. Prakash dated 04/06/2021. In Re: City's Letter at Dkt. 72. Document filed by Adama Sow. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Green, Remy) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
27

LETTER MOTION for Leave to File Excess Pages Respectfully Requesting that the Court Disregard Any Separate Opposition by Sow Plaintiffs, Which Would Be Filed Separately from Any Consolidated Opposition Brief addressed to Judge Colleen McMahon from Brachah Goykadosh dated April 7, 2021. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Goykadosh, Brachah) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
28

MEMORANDUM OF LAW in Opposition re: (62 in 1:20-cv-10541-CM, 16 in 1:21-cv-01904-CM, 105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 69 in 1:21-cv-00322-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019 . Document filed by Jaime Fried, Camila Gini, Alex Gutierrez, Vidal Guzman, Vivian Matthew King-Yarde, Andie Mali, Micaela Martinez, Colleen McCormack-Maitland, Charlie Monlouis-Anderle, Nicholas Mulder, Ricardo Nigaglioni, Jarrett Payne, People of The State of New York, Julian Phillips, Amali Sierra, Samira Sierra, Charles Henry Wood, Cameron Yates. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10291-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM, 1:21-cv-01904-CM.(Levitz, Philip) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
29

LETTER addressed to Judge Colleen McMahon from Dara L. Weiss dated April 23, 2021 re: Answers filed on behalf of individual defendants. Document filed by City of New York.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Weiss, Dara) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
30

MEMO ENDORSEMENT on re: (29 in 1:21-cv-01904-CM, 69 in 1:20-cv-10291-CM, 136 in 1:20-cv-08924-CM, 75 in 1:21-cv-00533-CM) Letter filed by City of New York. ENDORSEMENT: So why have the officers not been served? Which ones have not been served? Why is this taking so long? (Signed by Judge Colleen McMahon on 4/26/2021) Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10291-CM, 1:21-cv-00533-CM, 1:21-cv-01904-CM (cf) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
31

LETTER addressed to Judge Colleen McMahon from Joshua S. Moskovitz dated April 27, 2021 re: responding to the Court's questions about service of the individual defendants (Doc. 138). Document filed by Alex Gutierrez, Ricardo Nigaglioni, Amali Sierra, Samira Sierra.Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10291-CM, 1:21-cv-00533-CM, 1:21-cv-01904-CM.(Moskovitz, Joshua) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER
32

LETTER MOTION for Leave to File Excess Pages Respectfully Inquiring If Defendants May File a Single 20 Page Reply instead of Two 10 Page Replies to Plaintiffs' Two Oppositions addressed to Judge Colleen McMahon from Brachah Goykadosh dated April 28, 2021. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Goykadosh, Brachah) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
33

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to NYPD KEVIN ARGO, re: (96 in 1:20-cv-08924-CM) Amended Complaint,. Document filed by Matthew Bredder, Savitri Durkee, Dara Pluchino, Oscar Rios, Barbara Ross, Maria Salazar, Adama Sow, Sabrina Zurkuhlen, Alexandra de Mucha Pino. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Stecklow, Wylie) Modified on 4/30/2021 (sj). (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
34

FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to NYPD DETECTIVE EDWARD CARRASCO, re: (96 in 1:20-cv-08924-CM) Amended Complaint,. Document filed by Matthew Bredder, Savitri Durkee, Dara Pluchino, Oscar Rios, Barbara Ross, Maria Salazar, Adama Sow, Sabrina Zurkuhlen, Alexandra de Mucha Pino. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Stecklow, Wylie) Modified on 4/30/2021 (sj). (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
35

MEMORANDUM DECISION AND ORDER DENYING MOTIONS TO INTERVENE denying without prejudice to renewal by formal motion (45) Motion to Intervene; denying without prejudice to renewal by formal motion (48) Motion to Intervene; denying without prejudice to renewal by formal motion (51) Motion to Intervene in case 1:20-cv-08924-CM; denying without prejudice to renewal by formal motion (45) Motion to Intervene in case 1:20-cv-10541-CM; denying without prejudice to renewal by formal motion (45) Motion to Intervene; denying without prejudice to renewal by formal motion (48) Motion to Intervene in case 1:21-cv-00322-CM. For the reasons set forth above, the three unions' motions to intervene are denied, without prejudice to renewal if the City agrees to any proposed settlement or consent decree that impacts the unions' collective-bargaining rights, or if the Court proposes to order injunctive relief that does so. The clerk is directed to remove the motions at Dkt. Nos. 45, 48, and 51 from the Court's list of pending motions. This is a written decision. (Signed by Judge Colleen McMahon on 4/28/2021) Filed In Associated Cases: 1:20-cv-08924-CM et al. (nb) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

RECAP
36

MEMORANDUM DECISION AND ORDER DENYING MOTION TO INTERVENE: For the reasons set forth above, Komatu's motion to intervene or, in the alternative, to appear as amicus curiae is denied. The Clerk of the Court is respectfully directed to remove the motion at Dkt. No. 26 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 4/28/2021) (nb) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

RECAP
37

LETTER addressed to Judge Colleen McMahon from Dara L. Weiss dated April 28, 2021 re: Responding to Plaintiffs' April 27, 2021 Letter. Document filed by City of New York.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Weiss, Dara) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
38

MEMO ENDORSEMENT re: (78 in 1:21-cv-00533-CM, 71 in 1:20-cv-10291-CM, 139 in 1:20-cv-08924-CM, 31 in 1:21- cv-01904-CM) Letter, filed by Amali Sierra, Alex Gutierrez, Ricardo Nigaglioni, Samira Sierra. ENDORSEMENT: Mr. Moskovitz is correct - The amended complaint can be served on counsel if the summons and original complaint were served personally on the defendant. The time for these officers to move to dismiss has expired and the court will not now entertain any such motions. The officers have 5 business days to file an answer. I will not expand the schedule. Such filed. I have to consider two rounds of dismissal motions, nor will I postpone dealing with those already made. (Signed by Judge Colleen McMahon on 4/28/2021) (nb) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
39

AMENDED MEMORANDUM DECISION AND ORDER DENYING MOTIONS TO INTERVENE: For the reasons set forth above, the three unions' motions to intervene are denied, without prejudice to renewal if the City agrees to any proposed settlement or consent decree that impacts the unions collective-bargaining rights, or if the Court proposes to order injunctive relief that does so. The clerk is directed to remove the motions at Dkt. Nos. 45, 48, and 51 from the Courts list of pending motions. This is a written decision. (Signed by Judge Colleen McMahon on 4/28/2021) (nb) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

RECAP
40

ORDER CONSOLIDATING AND STAYING NEWLY FILED CASE: The new case was filed as "related" to the existing cases, and the Assignment Committee has concluded that the new case should be assigned to me. It is, therefore, consolidated into the consolidated matter entitled "In re: New York City Policing During Summer 2020 Demonstrations." (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 4/29/2021) Filed In Associated Cases: 1:20-cv-08924-CM et al. (cf) (Entered: 04/29/2021)

April 29, 2021

April 29, 2021

RECAP
41

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against New York City, Fausto Pichardo. Document filed by Cameron Yates..(Stoll, Andrew) Modified on 5/5/2021 (pc). (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER
42

REQUEST FOR ISSUANCE OF SUMMONS as to Fausto Pichardo, re: 41 Complaint. Document filed by Cameron Yates..(Stoll, Andrew) (Entered: 05/04/2021)

May 4, 2021

May 4, 2021

PACER

Notice to Attorney Regarding Deficient Pleading

May 5, 2021

May 5, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrew Brian Stoll to RE-FILE re: Document No. 41 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Add John Doe ##1-5 to CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)

May 5, 2021

May 5, 2021

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

May 5, 2021

May 5, 2021

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Andrew Brian Stoll to RE-FILE Document No. 42 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading.;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)

May 5, 2021

May 5, 2021

PACER

ADD PARTY FOR PLEADING. Defendants/Respondents New York City, Fausto Pichardo, John Doe ##1-5 added. Party added pursuant to 41 Complaint.Document filed by Cameron Yates. Related document: 41 Complaint..(Stoll, Andrew)

May 5, 2021

May 5, 2021

PACER

Add Party for Pleading

May 5, 2021

May 5, 2021

PACER
43

COMPLAINT against John Doe ##1-5, New York City, Fausto Pichardo. Document filed by Cameron Yates..(Stoll, Andrew) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER
44

REQUEST FOR ISSUANCE OF SUMMONS as to NYPD Chief of Patrol Fausto Pichardo, re: 43 Complaint. Document filed by Cameron Yates..(Stoll, Andrew) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER
45

ELECTRONIC SUMMONS ISSUED as to Fausto Pichardo..(pc) (Entered: 05/06/2021)

May 6, 2021

May 6, 2021

PACER
46

SUMMONS RETURNED EXECUTED Summons and Complaint served. Fausto Pichardo served on 5/7/2021, answer due 5/28/2021. Service was accepted by ACC Dara Weiss by Email on Consent. Document filed by Cameron Yates..(Stoll, Andrew) (Entered: 05/07/2021)

May 7, 2021

May 7, 2021

PACER
47

PROPOSED STIPULATION AND ORDER. Document filed by Matthew Bredder, Savitri Durkee, David Jaklevic, Dara Pluchino, Oscar Rios, Barbara Ross, Maria Salazar, Adama Sow, Sabrina Zurkuhlen, Alexandra de Mucha Pino..(Stecklow, Wylie) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
48

ANSWER to 43 Complaint with JURY DEMAND. Document filed by Fausto Pichardo..(Weiss, Dara) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
49

DECLARATION of Defense Counsel in Support re: (62 in 1:20-cv-10541-CM, 16 in 1:21-cv-01904-CM, 64 in 1:21-cv-00533-CM, 105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 69 in 1:21-cv-00322-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Goykadosh, Brachah) (Entered: 05/14/2021)

1 Exhibit I

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2 Exhibit J

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3 Exhibit K

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May 14, 2021

May 14, 2021

PACER
50

REPLY MEMORANDUM OF LAW in Support re: (62 in 1:20-cv-10541-CM, 16 in 1:21-cv-01904-CM, 64 in 1:21-cv-00533-CM, 105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 69 in 1:21-cv-00322-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019 . Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Goykadosh, Brachah) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

May 19, 2021

May 19, 2021

PACER

Appeal Record Sent to USCA - Electronic File

May 19, 2021

May 19, 2021

PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (88 in 1:20-cv-10541-CM, 89 in 1:20-cv-10291-CM, 154 in 1:20-cv-08924-CM, 97 in 1:21-cv-00322-CM, 98 in 1:21-cv-00533-CM, 51 in 1:21-cv-01904-CM) Notice of Appeal. Filed In Associated Cases: 1:20-cv-08924-CM et al. (tp)

May 19, 2021

May 19, 2021

PACER
51

NOTICE OF APPEAL from (89 in 1:21-cv-00533-CM, 83 in 1:20-cv-10291-CM, 83 in 1:20-cv-10541-CM, 39 in 1:21-cv-01904-CM, 90 in 1:21-cv-00322-CM, 148 in 1:20-cv-08924-CM) Order,,. Document filed by Police Benevolent Association of the City of New York, Inc.. Filing fee $ 505.00, receipt number NYSDC-24562108. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Dolan, Richard) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (88 in 1:20-cv-10541-CM, 89 in 1:20-cv-10291-CM, 154 in 1:20-cv-08924-CM, 97 in 1:21-cv-00322-CM, 98 in 1:21-cv-00533-CM, 51 in 1:21-cv-01904-CM) Notice of Appeal, filed by Police Benevolent Association of the City of New York, Inc. were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:20-cv-08924-CM et al. (tp)

May 19, 2021

May 19, 2021

PACER
52

NOTICE OF APPEARANCE by Amy Robinson on behalf of New York City..(Robinson, Amy) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
53

ORDER: granting (161) Letter Motion for Discovery in case 1:20-cv-08924-CM. IT IS HEREBY ORDERED that the records in the possession, custody or control of the following entities pertaining to the stops and/or arrests and/or prosecutions of the putative class members and non-parties during the protests at issue in the above-captioned matters that are sealed pursuant to CPL §§ 160.50 and 160.55 are hereby unsealed for use in these civil actions consistent with this Order: as set forth herein. IT IS FURTHER ORDERED that each entity listed above shall not be subject to the statutory sealing requirements of CPL §§ 160.50 and 160.55 as to sealed records regarding stops and/or arrests and/or prosecutions of the putative class members and non-parties that are in the entity's possession, related to reviewing such records for potential disclosure and disclosing such records to counsel for the parties in the course of discovery in the above-captioned matters; IT IS FURTHER ORDERED that each entity listed above may disclose sealed records of stops and/or arrests and/or prosecutions of the putative class members and non-parties that are in the entity's possession to counsel for the parties in the course of discovery in the above-captioned matters for use in those actions consistent with this Order; IT IS FURTHER ORDERED that records unsealed pursuant to this Order and producedby the entities listed above to counsel for the parties in the above-captioned matters shall be produced without redaction of personally identifying information related to putative class members and non-parties; and IT IS FURTHER ORDERED that records produced pursuant to this Order and the information contained in them shall not be deemed Confidential Materials under the Protective Order entered and filed April 2, 2021 in these consolidated actions (Document 115) ("the Protective Order") as a result of this Order, except that personally identifying information of the putative class members and non-parties (other than employees of the Defendant City of New York)contained in such records, including their names, pedigree information (including dates of birth and social security numbers), and contact information (including addresses, phone numbers, and e-mail addresses), shall be treated as Confidential Materials under the Protective Order. Information regarding on-duty employees of the Defendant City of New York contained in recordsproduced pursuant to this Order shall not be treated as Confidential Materials under the Protective Order as a result of this Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/07/2021) Filed In Associated Cases: 1:20-cv-08924-CM et al. (ama) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

RECAP
54

LETTER MOTION to Compel All Defendants to Produce responses and documents; appear at a conference addressed to Magistrate Judge Gabriel W. Gorenstein from Remy Green (on behalf of counsel for all Plaintiffs) dated 2021-06-09., LETTER MOTION for Discovery addressed to Magistrate Judge Gabriel W. Gorenstein from Remy Green (on behalf of counsel for all Plaintiffs) dated 2021-06-09., LETTER MOTION for Conference regarding discovery going forward addressed to Magistrate Judge Gabriel W. Gorenstein from Remy Green (on behalf of counsel for all Plaintiffs) dated 2021-06-09. Document filed by David Jaklevic, Dara Pluchino, Oscar Rios, Barbara Ross, Maria Salazar, Adama Sow, Sabrina Zurkuhlen, Alexandra de Mucha Pino, Matthew Bredder, Savitri Durkee. (Attachments: # 1 Exhibit Exhibit A - Plaintiffs' Discovery Requests, # 2 Exhibit Exhibit B - Defendants' Discovery Responses, # 3 Exhibit Exhibit C - Plaintiffs' Summary Deficiency Letter, # 4 Exhibit Exhibit D - Plaintiffs' Full Deficiency Letter, # 5 Exhibit Exhibit E - Meet and Confer Summary Email, # 6 Exhibit Exhibit F - Defendants' Amended Discovery Responses, # 7 Exhibit Exhibit G - Redline of Defendants' Amendments to Responses)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Green, Remy) (Entered: 06/09/2021)

1 Exhibit Exhibit A - Plaintiffs' Discovery Requests

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2 Exhibit Exhibit B - Defendants' Discovery Responses

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3 Exhibit Exhibit C - Plaintiffs' Summary Deficiency Letter

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4 Exhibit Exhibit D - Plaintiffs' Full Deficiency Letter

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5 Exhibit Exhibit E - Meet and Confer Summary Email

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6 Exhibit Exhibit F - Defendants' Amended Discovery Responses

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7 Exhibit Exhibit G - Redline of Defendants' Amendments to Responses

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June 9, 2021

June 9, 2021

PACER
55

LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Gabriel W. Gorenstein from DARA L. WEISS dated June 11, 2021 re: (104 in 1:21-cv-00533-CM, 104 in 1:21-cv-00533-CM, 104 in 1:21-cv-00533-CM, 100 in 1:21-cv-00322-CM, 100 in 1:21-cv-00322-CM, 100 in 1:21-cv-00322-CM, 93 in 1:20-cv-10291-CM, 93 in 1:20-cv-10291-CM, 93 in 1:20-cv-10291-CM, 90 in 1:20-cv-10541-CM, 90 in 1:20-cv-10541-CM, 90 in 1:20-cv-10541-CM, 54 in 1:21-cv-01904-CM, 54 in 1:21-cv-01904-CM, 54 in 1:21-cv-01904-CM, 163 in 1:20-cv-08924-CM, 163 in 1:20-cv-08924-CM, 163 in 1:20-cv-08924-CM, 11 in 1:21-cv-02548-CM, 11 in 1:21-cv-02548-CM, 11 in 1:21-cv-02548-CM) LETTER MOTION to Compel All Defendants to Produce responses and documents; appear at a conference addressed to Magistrate Judge Gabriel W. Gorenstein from Remy Green (on behalf of counsel for all Plaintiffs) dated 2021-06-09. LETTER MOTION for Discovery addressed to Magistrate Judge Gabriel W. Gorenstein from Remy Green (on behalf of counsel for all Plaintiffs) dated 2021-06-09. LETTER MOTION for Conference regarding discovery going forward addressed to Magistrate Judge Gabriel W. Gorenstein from Remy Green (on behalf of counsel for all Plaintiffs) dated 2021-06-09. . Document filed by Michael Butler, Keith Cheng, City of New York, Bill De Blasio, Joseph Deck, Thomas R Hardell, Aaron Husbands, Thomas E Manning, Terence Monahan, Matthew L Perry, Gypsy Pichardo, Damian Rivera, Dermot Shea, Matthew Tarangelo, Jacqueline Vargas, City of New York. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Weiss, Dara) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
56

PROPOSED STIPULATION AND ORDER. Document filed by City of New York..(Goykadosh, Brachah) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
57

STIPULATION AND ORDER REGARDING CLAW BACK AGREEMENT: Subject to the Court's approval, the parties in the above-captioned litigation (this "Action") hereby stipulate to the clawback order and the procedures set forth herein for addressing the clawback of privileged and protected information and material. This Order shall be interpreted to provide the maximum protection allowed by FRE 502(d), FRCP 26(c), and any other applicable law; and shall specifically exclude the application of FRE 502(b) to any Clawback Demand and/or Protected Material, as defined herein, requested under this Order. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/17/2021) (ama) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
58

LETTER addressed to Judge Colleen McMahon from Wylie Stecklow and Sow Counsel dated 06/17/2021 re: Extension of time to file class cert motion and designate expert on consent. Document filed by Matthew Bredder, Savitri Durkee, David Jaklevic, Dara Pluchino, Oscar Rios, Barbara Ross, Sabrina Zurkuhlen, Alexandra de Mucha Pino, Adama Sow.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Stecklow, Wylie) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
59

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Molly Biklen (on behalf of all Plaintiffs) dated 6/23/2021 re: Discovery Conference. Document filed by Camila Gini, Vivian Matthew King-Yarde, Andie Mali, Micaela Martinez, Colleen McCormack-Maitland, Charlie Monlouis-Anderle, Nicholas Mulder, Jarrett Payne, Julian Phillips. (Attachments: # 1 Exhibit Defendants' June 21 Letter, # 2 Exhibit Defendants' Second Amended Document Responses, # 3 Exhibit Defendants' Second Amended Interrogatory Responses)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Biklen, Molly) (Entered: 06/23/2021)

1 Exhibit Defendants' June 21 Letter

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2 Exhibit Defendants' Second Amended Document Responses

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3 Exhibit Defendants' Second Amended Interrogatory Responses

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June 23, 2021

June 23, 2021

PACER
60

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Remy Green dated 2021-06-29 re: Depositions. Document filed by David Jaklevic, Dara Pluchino, Oscar Rios, Barbara Ross, Maria Salazar, Adama Sow, Sabrina Zurkuhlen, Savitri Durkee, Alexandra de Mucha Pino. (Attachments: # 1 Ex A - Deposition Notices)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Green, Remy) (Entered: 06/29/2021)

1 Ex A - Deposition Notices

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June 29, 2021

June 29, 2021

PACER
61

CONSENT LETTER MOTION for Extension of Time To Take Deposition of Plaintiff Julian Phillips addressed to Judge Colleen McMahon from Amy Robinson dated June 30, 2021. Document filed by City of New York.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Robinson, Amy) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
62

CONSENT LETTER MOTION for Extension of Time to Fully Respond to Interrogatory No. 11 addressed to Magistrate Judge Gabriel W. Gorenstein from DARA L WEISS dated July 1, 2021. Document filed by City of New York.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Weiss, Dara) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
63

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from DARA L WEISS dated July 1, 2021 re: Response to Plaintiffs' Letter of June 29, 2021. Document filed by Debora Matias, Terence Monahan, Matthew L Perry, Fausto Pichardo, Gypsy Pichardo, Police Officer Wells, Richardo, Damian Rivera, Dermot Shea, Matthew Tarangelo, Jacqueline Vargas, City of New York, Andre Jeanpierre, Alfredo Jeff, Umid Karimov, Kenneth C. Lehr, Terence A. Monahan, Dermot F. Shea, Bill de Blasio, Talha Ahmad, Kevin Argo, Edward Carrasco, City Of New York, Terence Monahan, Dermot Shea, Bill de Blasio, City of New York, Bill De Blasio, Ismael Hernandez Carpio, Terence Monahan, Dermot Shea, Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, Police Commissioner Dermot F. Shea, New York City, Fausto Pichardo.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Weiss, Dara) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
64

CONSENT LETTER MOTION to Adjourn Conference (Refiling on the Consolidated Docket) addressed to Magistrate Judge Gabriel W. Gorenstein from Rob Rickner dated 7/6/2021. Document filed by Alex Gutierrez, Ricardo Nigaglioni, Amali Sierra, Samira Sierra.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Rickner, Robert) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
65

MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO DISMISS THE AMENDED COMPLAINTS (105) Motion re: (105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 62 in 1:20-cv-10541-CM, 64 in 1:21-cv-00533-CM, 16 in 1:21-cv-01904-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019 in case 1:20-cv-08924-CM; granting in part and denying in part (54) Motion re: (105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 62 in 1:20-cv-10541-CM, 64 in 1:21-cv-00533-CM, 16 in 1:21-cv-01904-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019 in case 1:20-cv-10291-CM; granting in part and denying in part (62) Motion re: (105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 62 in 1:20-cv-10541-CM, 64 in 1:21-cv-00533-CM, 16 in 1:21-cv-01904-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019 in case 1:20-cv-10541-CM; granting in part and denying in part (64) Motion re: (105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 62 in 1:20-cv-10541-CM, 64 in 1:21-cv-00533-CM, 16 in 1:21-cv-01904-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019 in case 1:21-cv-00533-CM; granting in part and denying in part (16) Motion re: (105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 62 in 1:20-cv-10541-CM, 64 in 1:21-cv-00533-CM, 16 in 1:21-cv-01904-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019 in case 1:21-cv-01904-CM.Defendants' motion to dismiss the amended complaints is granted in part and denied in part, as follows: 1. All claims against Defendants de Blasio, Shea and Monahan in their official capacities are dismissed. 2. All claims against Defendant Shea in his individual capacity are dismissed. 3. The Sow plaintiffs' claims relating to the issuance and enforcement of the curfew orders against Defendant de Blasio in his individual capacity are dismissed. The Clerk of Court is directed to close the motion at docket numbers 105. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 7/9/2021) Filed In Associated Cases: 1:20-cv-08924-CM et al. (cf) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

Clearinghouse
66

CONSENT LETTER MOTION for Discovery regarding proposed unsealing order addressed to Magistrate Judge Gabriel W. Gorenstein from Elissa B. Jacobs dated July 13, 2021. Document filed by City of New York. (Attachments: # 1 Text of Proposed Order Proposed Unsealing Order)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Jacobs, Elissa) (Entered: 07/13/2021)

1 Text of Proposed Order Proposed Unsealing Order

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July 13, 2021

July 13, 2021

PACER
67

LETTER MOTION for Local Rule 37.2 Conference concerning the City's withholding of CCRB records addressed to Magistrate Judge Gabriel W. Gorenstein from Joshua S. Moskovitz, on behalf of All Plaintiffs in the Consolidated Actions dated July 13, 2021. Document filed by Alex Gutierrez, Ricardo Nigaglioni, Amali Sierra, Samira Sierra. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Moskovitz, Joshua) (Entered: 07/13/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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July 13, 2021

July 13, 2021

PACER
68

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Dara L. Weiss dated July 15, 2021 re: Response to Plaintiffs' Letter of July 13, 2021. Document filed by Michael Butler, Keith Cheng, City of New York, Joseph Deck, Thomas R Hardell, Aaron Husbands, Kenneth C. Lehr, Eduard Lucero, Thomas E Manning, Debora Matias, Matthew L Perry, Gypsy Pichardo, Damian Rivera, Matthew Tarangelo, Jacqueline Vargas, City of New York, Andre Jeanpierre, Alfredo Jeff, Umid Karimov, Bill de Blasio, Talha Ahmad, Kevin Argo, Edward Carrasco, City Of New York, Bill de Blasio, City of New York, Ismael Hernandez Carpio, Chief of Department Terence A. Monahan, City Of New York, Police Commissioner Dermot F. Shea, New York City, Fausto Pichardo.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Weiss, Dara) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
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LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Gabriel W. Gorenstein from DARA L WEISS dated July 19, 2021 re: (197 in 1:20-cv-08924-CM) LETTER MOTION for Local Rule 37.2 Conference re Inadequate Progress of Depositions addressed to Magistrate Judge Gabriel W. Gorenstein from Douglas E. Lieb (on behalf of All Plaintiffs) dated 7/15/2021. . Document filed by Michael Butler, Keith Cheng, Joseph Deck, Thomas R Hardell, Ismael Hernandez Carpio, Aaron Husbands, David Jaklevic, Thomas E Manning, Matthew L Perry, Gypsy Pichardo, Damian Rivera, Matthew Tarangelo, Jacqueline Vargas, City of New York, Andre Jeanpierre, Alfredo Jeff, Umid Karimov, Kenneth C. Lehr, Debora Matias, Bill de Blasio, Talha Ahmad, Kevin Argo, Edward Carrasco, City Of New York, Bill de Blasio, City of New York, Ismael Hernandez Carpio, Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, Police Commissioner Dermot F. Shea, New York City, Fausto Pichardo. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Weiss, Dara) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
70

ANSWER to 43 Complaint with JURY DEMAND. Document filed by New York City..(Weiss, Dara) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: March 4, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A private individual who attended a racial justice protest in New York during the summer of 2020.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The City of New York (New York), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $15,001

Issues

General/Misc.:

Aggressive behavior

Personal injury

Restraints : physical

Policing:

Excessive force