Case: Cano v. City of New York

Darnell v. Pineiro

U.S. Court of Appeals for the Second Circuit

COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Gregory Maugeri, Michael Glenn, Michael Spalango, Germain Cano, Raymond Tucker, Kerry Scott, Dmitriy Miloslavskiy, Peter Eppel, Jacqueline Guarino, Michael McGhee, Elli Vikki, Steven Modes, Nakaita Moore, Travis Gordan, Wesley Jones, Nancy Viglione, Kevin Darnell. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 06/13/2013)

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Summons Issued as to City of New York, Raymond Kelly. (Bowens, Priscilla) (Entered: 06/13/2013)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 06/13/2013)

FILING FEE: $ 400, receipt number 4653060136 (Bowens, Priscilla)

NOTICE of Appearance by Mark Galen Toews on behalf of City of New York, Raymond Kelly (aty to be noticed) (Toews, Mark) (Entered: 06/27/2013)

NOTICE of Appearance by Elizabeth Edmonds on behalf of City of New York, Raymond Kelly (aty to be noticed) (Edmonds, Elizabeth) (Entered: 06/28/2013)

First MOTION for Extension of Time to File Response to Complaint by City of New York, Raymond Kelly. (Edmonds, Elizabeth) (Entered: 06/28/2013)

ORDER granting 6 Motion for Extension of Time to File. Defendants' answer to the complaint shall be due on or before August 19, 2013. So Ordered by Judge William F. Kuntz, II on 6/28/2013. (Ouoba, Alysson)

SCHEDULING ORDER: An initial conference will be held in this case on October 16, 2013 at 12:00 p.m. before Viktor V. Pohorelsky, United States Magistrate Judge. All participants are directed to report to Courtroom 13A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All parties are directed to make the disclosures required by Rule 26(a)(1) of the Federal Rules of Civil Procedure no later than five days before the conference. All counsel are required to attend, and plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/2/2013. (Newton, Joan)

AMENDED COMPLAINT against All Defendants, filed by Gregory Maugeri, Michael Glenn, Michael Spalango, Germain Cano, Raymond Tucker, Kerry Scott, Dmitriy Miloslavskiy, Peter Eppel, Jacqueline Guarino, Michael McGhee, Elli Vikki, Steven Modes, Nakaita Moore, Travis Gordan, Wesley Jones, Nancy Viglione, Kevin Darnell, Jahmel Lawyer, Yvonne Mind, Phillip Singleton, Keith Jennings, Eric Cephus, Deborah Gonzalez. (Cardinale, Richard) (Entered: 08/07/2013)

Letter MOTION for pre motion conference by City of New York, Raymond Kelly. (Edmonds, Elizabeth) (Entered: 08/19/2013)

ORDER granting in part and denying in part 8 Motion for Pre Motion Conference. The Defendants' motion for a Pre Motion conference is hereby granted. The Pre-Motion conference will be held at 9:00 A. M. Friday, August 23, 2013. The time to move, answer or otherwise respond to the complaint is hereby extended to Tuesday, September 3, 2013. So Ordered. (Kuntz, William)

Letter in response to defendants' request for a pre-motion conference and in support of plaintiffs' request for an adjournment of the pre-motion conference by Germain Cano, Eric Cephus, Kevin Darnell, Peter Eppel, Michael Glenn, Deborah Gonzalez, Travis Gordan, Jacqueline Guarino, Keith Jennings, Wesley Jones, Jahmel Lawyer, Gregory Maugeri, Michael McGhee, Dmitriy Miloslavskiy, Yvonne Mind, Steven Modes, Nakaita Moore, Kerry Scott, Phillip Singleton, Michael Spalango, Raymond Tucker, Nancy Viglione, Elli Vikki (Cardinale, Richard) (Entered: 08/20/2013)

ORDER. The pre-motion conference previously scheduled in this action is adjourned from 9:00 A.M. Friday, August 23, 2013 to 2:00 P.M. Wednesday, August 28, 2013. So Ordered by Judge William F. Kuntz, II on 8/21/2013. (Kuntz, William)

Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 8/28/2013. Appearances: Andrew Rendeiro, Esq., Michael Hueston, Esq., and Richard Cardinale, Esq. appeared on behalf of the Plaintiffs. Mark Toews, Esq., and Elizabeth Edmonds, Esq. appeared on behalf of the Defendants. The Court granted the Defendants application to file the motion to dismiss. The Court ordered the following briefing schedule: (1) Plaintiffs shall serve the second amended complaint on or before Friday, September 13, 2013; 2) Defendants shall serve the motion to dismiss on or before Friday, October 25, 2013; (2) Plaintiffs shall serve the response on or before Friday, December 6, 2013; and (3) Defendants shall serve the reply on or before Friday, December 20, 2013. Once the motion is fully briefed, the original moving party shall be responsible for immediately filing all motion papers on ECF no later than 5:00 P.M. on December 20, 2013. Defense counsel shall also mail a courtesy copy of the fully briefed motion to the attention of Mr. Andrew Jackson. Discovery is not stayed. All discovery disputes shall be brought to the attention of Magistrate Judge Viktor V. Pohorelsky. (Court Reporter Michaele Nardone.) (Jackson, Andrew)

AMENDED COMPLAINT (second) against All Defendants, filed by Germain Cano. (Cardinale, Richard) (Entered: 09/12/2013)

MINUTE ENTRY for Initial Pretrial Conference held on 10/16/13 before Magistrate Judge Viktor V. Pohorelsky: Scheduling order entered setting deadlines for discovery and other pretrial proceedings. A status conference will be held on January 15, 2014 at 11:00 a.m. (Newton, Joan) (Entered: 10/18/2013)

Motion to Dismiss for Failure to State a Claim by City of New York, Deputy Commissioners John Does 1-5, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, Police Officers John Does 1-5, William Tobin. (Toews, Mark) (Entered: 12/20/2013)

MEMORANDUM in Support re 12 Motion to Dismiss for Failure to State a Claim filed by All Defendants. (Toews, Mark) (Entered: 12/20/2013)

MEMORANDUM in Opposition re 12 Motion to Dismiss for Failure to State a Claim filed by All Defendants. (Toews, Mark) (Entered: 12/20/2013)

REPLY in Support re 12 Motion to Dismiss for Failure to State a Claim filed by All Defendants. (Toews, Mark) (Entered: 12/20/2013)

Letter from plaintiffs to Magistrate Judge Pohorelsky concerning the status of discovery in anticipation of the conference scheduled for 1/15/14. by Germain Cano, Eric Cephus, Kevin Darnell, Michael Glenn, Deborah Gonzalez, Travis Gordan, Jacqueline Guarino, Keith Jennings, Wesley Jones, Jahmel Lawyer, Gregory Maugeri, Michael McGhee, Dmitriy Miloslavskiy, Yvonne Mind, Steven Modes, Nakaita Moore, Kerry Scott, Phillip Singleton (Attachments: # 1 exhibit) (Cardinale, Richard) (Entered: 01/14/2014)

Letter response to Plaintiffs' January 14, 2014 lettter to the Court concerning discovery by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin (Toews, Mark) (Entered: 01/14/2014)

MINUTE ENTRY for Status Conference held on 1/15/14 before Magistrate Judge Viktor V. Pohorelsky: As the plaintiffs have expressed displeasure concerning the discovery responses thus far made by the defendants, but have not yet discussed their concerns with opposing counsel, the parties are directed to confer concerning all issues related to their respective discovery requests in an effort to resolve as many disputes as possible. Any motions to compel with respect to unresolved disputes shall be made by letter no later than January 29, 2014; opposition is to be filed by February 5, 2014; no replies; argument will be heard as needed at the conference scheduled below. The next conference will be held on February 12, 2014 at 12:00 noon. (Newton, Joan) (Entered: 01/16/2014)

Letter MOTION to Stay Discovery by City of New York, Raymond Kelly, Kenneth Kobetitsch. (Edmonds, Elizabeth) (Entered: 03/18/2014)

ORDER denying 19 Motion to Stay. So Ordered by Judge William F. Kuntz, II on 3/18/2014. (Kuntz, William)

MOTION to Compel discovery from defendants by Germain Cano. (Cardinale, Richard) (Entered: 03/26/2014)

MINUTE ENTRY for Status Conference held on 2/14/14 before Magistrate Judge Viktor V. Pohorelsky: The parties are proceeding with document discovery which they hope will be completed within the next two to three weeks. No disputes concerning discovery require judicial resolution at present. The parties will be expected to advise the court concerning all disputes that will require motion practice at the next conference. The next conference will be held on March 28, 2014 at 3:30 p.m. (Newton, Joan) (Entered: 03/27/2014)

Letter from plaintiffs supplementing plaintiffs' motion to compel, dated 3/26/14, and requesting that the Court accept the supplmental letter by Germain Cano (Cardinale, Richard) (Entered: 03/28/2014)

MINUTE ENTRY for Status Conference held on 3/28/14 before Magistrate Judge Viktor V. Pohorelsky: The defendants shall respond to the plaintiffs' motion to compel discovery by April 4; no reply. Argument will be scheduled if deemed necessary by the court. The parties are aware of, and expect to complete factual discovery by, the deadline of June 16, 2014. The next conference will be held by telephone on June 20, 2014 at 2:00 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). (Newton, Joan) (Entered: 03/31/2014)

RESPONSE to Motion re 20 MOTION to Compel discovery from defendants filed by All Defendants. (Toews, Mark) (Entered: 04/04/2014)

MOTION for pre motion conference to discuss plaintiffs' anticipated motion for class certification by Germain Cano. (Cardinale, Richard) (Entered: 04/06/2014)

ORDER granting 25 Motion for Pre Motion Conference. The parties shall appear for a pre-motion conference on May 7, 2014 at 12:30 PM in Courtroom 6H North. So Ordered by Judge William F. Kuntz, II on 4/7/2014. (Reilly, Matthew)

SUGGESTION OF DEATH Upon the Record as to Peter Eppel by Germain Cano (Cardinale, Richard) (Entered: 04/12/2014)

STIPULATION of discontinuance by plaintiff Jahmel Lawyer by Jahmel Lawyer (Cardinale, Richard) (Entered: 04/18/2014)

Letter to Judge William F. Kuntz supplementing plaintiffs' April 6, 2014 letter requesting a premotion conference by Germain Cano (Cardinale, Richard) (Entered: 04/19/2014)

ORDER Setting Hearing on Motion 20 MOTION to Compel discovery from defendants: Motion Hearing set for 5/7/2014 at 1:00 PM, or immediately following the parties' premotion conference with Judge Kuntz, whichever is later, in Courtroom 13A South before Magistrate Judge Viktor V. Pohorelsky. Ordered by Magistrate Judge Viktor V. Pohorelsky on 4/28/2014. (Pohorelsky, Viktor)

STIPULATION of discontinuance without prejudice by plaintiff Nakaita Moore by Nakaita Moore (Cardinale, Richard) (Entered: 05/06/2014)

STIPULATION AND ORDER OF DISMISSAL: Pursuant to Rule 41(a)(1)(A)(ii), Nakaita Moore's claims against defendants are voluntarily discontinued without prejudice and without costs. Ordered by Judge William F. Kuntz, II on 5/7/2014. (Brucella, Michelle) (Entered: 05/07/2014)

STIPULATION AND ORDER OF DISMISSAL: Pursuant to Rule 41(a)(1)(A)(ii), Jahmel Lawyer's claims against defendants are voluntarily discontinued without prejudice and without costs. Ordered by Judge William F. Kuntz, II on 5/7/2014. (Brucella, Michelle) (Entered: 05/07/2014)

Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 5/7/2014. Appearances: Andrew Rendeiro, Esq., Michael Hueston, Esq., and Richard Cardinale, Esq., appeared on behalf of the plaintiffs. Mark Toews, Esq., and Elizabeth Edmonds, Esq., appeared on behalf of the defendants. The Court granted the plaintiffs' application to make the motion for class certification. The Court ordered the following briefing schedule: 1) The plaintiffs shall serve the motion on or before Friday, July 11, 2014; 2) The defendants shall serve the response on or before Friday, August 1, 2014; and 3) The plaintiffs shall serve the reply on or before Friday, August 15, 2014. Once the motion is fully briefed, plaintiffs' counsel shall be responsible for filing all of the motion papers on ECF no later than 5:00 p.m. on August 15, 2014. Plaintiffs' counsel shall also mail a courtesy copy of the fully briefed motion to the attention of Mr. Andrew Jackson. The Court granted the defendants' application to make the motion for summary judgment. The Court ordered the following briefing schedule: 1) The defendants shall serve the motion on or before Monday, September 15, 2014; 2) The plaintiffs shall serve the response on or before Friday, October 17, 2014; and 3) The defendants shall serve the reply on or before Friday, November 7, 2014. Once the motion is fully briefed, defendants' counsel shall be responsible for filing all of the motion papers on ECF no later than 5:00 p.m. on November 7, 2014. Defendants' counsel shall also mail a courtesy copy of the fully briefed motion to the attention of Mr. Andrew Jackson. (Court Reporter Richard Barry.) (Jackson, Andrew)

MINUTE ORDER for Status Conference held on 5/7/14 before Magistrate Judge Viktor V. Pohorelsky:For reasons stated on the record,the plaintiff's motion to compel 20 is granted in part and denied in part. The telephone conference will be held as scheduled on June 20, 2014. See annexed conference calendar for details. (Main Document 32 replaced on 5/8/2014) (Newton, Joan). (Entered: 05/08/2014)

Letter motion to preclude defendants Ray Kelly and Rafael Pineiro from testifying at trial or submitting an affidavit or declaration in connection with any motion for summary judgment or class certification by Germain Cano (Cardinale, Richard) Modified on 5/13/2014 (Toritto, Jim). (Entered: 05/12/2014)

Letter to Judge William F. Kuntz demonstrating that Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541, 180 L.Ed.2d 374 (2011) does not preclude class certification of this matter under Fed. R. Civ. P. 23(b)(3). by Germain Cano (Cardinale, Richard) (Entered: 05/12/2014)

SET DEADLINE: Any response to the plaintiffs' 33 motion to preclude is due by 5/19/14. Ordered by Magistrate Judge Viktor V. Pohorelsky on 5/13/2014. (Toritto, Jim)

Letter MOTION for Extension of Time to File Response/Reply to Plaintiffs' discovery request by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Toews, Mark) (Entered: 05/14/2014)

ORDER granting 35 Motion for Extension of Time to File Response/Reply. So Ordered by Judge William F. Kuntz, II on 5/14/2014. (Kuntz, William)

Letter motion to preclude defendants Ray Kelly and Rafael Pineiro from testifying at trial or submitting an affidavit or declaration in connection with any motions for summary judgment or class certification and motion to preclude defendants from filing a motion for a protective order by Germain Cano (Cardinale, Richard) (Entered: 06/05/2014)

First MOTION for Extension of Time to Complete Discovery by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Toews, Mark) (Entered: 06/09/2014)

RESPONSE in Opposition re 33 MOTION to Quash filed by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Toews, Mark) (Entered: 06/09/2014)

ORDER denying 33 Motion to Preclude testimony without prejudice. See annexed Order. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/9/2014. (Pohorelsky, Viktor) (Entered: 06/09/2014)

ORDER granting 37 motion for an extension of time to complete discovery and to file motions. The 6/16/14 discovery deadline is extended to August 15, 2014. The plaintiffs shall serve their motion for class certification by 9/9/14, the defendants' opposition shall be served by 9/30/14, and the plaintiffs shall serve any reply by 10/14/14. The plaintiffs shall file the fully briefed motion by October 14, 2014 and provide a courtesy copy of all papers to the attention of Judge Kuntz's Courtroom Deputy Andrew Jackson. The defendants shall serve the motion for summary judgment on or before 11/14/14. The plaintiffs shall serve their response on or before 12/10/14, and the defendants shall serve any reply by 1/9/15. Counsel for the defendants shall be responsible for filing the fully-briefed summary judgment motion papers on ECF by January 9, 2015. Counsel for the defendants shall also send a courtesy copy of the fully briefed motion to the attention of Mr. Andrew Jackson. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/11/2014. (Toritto, Jim)

Consent MOTION to Adjourn Conference scheduled for June 20,2014, at 2:00 p.m. by Germain Cano. (Cardinale, Richard) (Entered: 06/17/2014)

ORDER granting 40 motion to adjourn the 6/20/14 Telephone Conference to Friday, July 18, 2014 at 3:45 p.m. Ordered by Magistrate Judge Viktor V. Pohorelsky on 6/19/2014. (Toritto, Jim)

Letter informing Judge Kuntz that plaintiffs will not be moving for class certification by Germain Cano (Cardinale, Richard) (Entered: 07/17/2014)

MOTION for Protective Order by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Attachments: # 1 Proposed Order) (Toews, Mark) (Entered: 07/18/2014)

MINUTE ENTRY for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Telephone Status Conference held on 7/18/2014. Discovery is proceeding and the parties remain hopeful that all discovery will be completed by the current deadline of August 15. The next conference will be held by telephone on August 22, 2014 at 3:30 p.m., to be initiated by counsel for the plaintiffs (Chambers: 718-613-2400). (Newton, Joan) (Entered: 07/21/2014)

ORDER granting 42 Motion for Protective Order. Ordered by Magistrate Judge Viktor V. Pohorelsky on 7/21/2014. (Toritto, Jim)

Second MOTION for Extension of Time to Complete Discovery by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Toews, Mark) (Entered: 08/11/2014)

ORDER granting the defendants' 44 motion for an extension of time from 8/15/14 until September 15, 2014 to complete discovery. Ordered by Magistrate Judge Viktor V. Pohorelsky on 8/12/2014. (Toritto, Jim)

MINUTE ENTRY for Telephone Status Conference held on 8/22/14 before Magistrate Judge Viktor V. Pohorelsky: Discovery is nearing completion and the parties forsee no difficulty meeting the current deadline of September 15, 2014. The next conference will be held by telephone on October 3, 2014 at 4:45 p.m., to be initiated by counsel for the plaintiff (Chambers: 718-613-2400). Counsel shall be prepared to discuss whether a settlement conference should be scheduled before the motion practice commences. Modified on 8/22/2014 (Newton, Joan). (Entered: 08/22/2014)

DECISION AND ORDER: While a further developed factual record may ultimately show that Plaintiffs' Fourteenth Amendment rights were not violated, the Second Amended Complaint plausibly alleges objectively serious conditions at the BCB that, if true, deprived Plaintiffs of the "minimal civilized measure of life's necessities." Accordingly, Defendants' Motion to Dismiss is DENIED. Plaintiffs' individual claims for compensatory damages for the alleged unconstitutional conditions that they endured at Brooklyn Central Booking shall proceed consistent with this Opinion. Ordered by Judge William F. Kuntz, II on 9/12/2014. (Brucella, Michelle) (Entered: 09/12/2014)

Letter MOTION for Extension of Time to Complete Discovery and for an Order directing Plaintiffs to produce two witnesses for deposition by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Toews, Mark) (Entered: 09/15/2014)

RESPONSE in Opposition re 47 Letter MOTION for Extension of Time to Complete Discovery and for an Order directing Plaintiffs to produce two witnesses for deposition filed by Germain Cano. (Cardinale, Richard) (Entered: 09/15/2014)

ORDER granting in part and denying in part 47 Motion for Extension of Time to Complete Discovery: notwithstanding the expiration of the discovery deadline, the defendants are granted leave to conduct the depositions of the two remaining plaintiffs and they are to be produced for depositions at mutually agreed times within the next 21 days. This ruling does not serve to extend the discovery deadline in any other respect. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/16/2014. (Pohorelsky, Viktor)

RESET HEARING: Due to a conflict in the court's calendar, the 10/3/14 teleconference has been rescheduled to October 15, 2014 at 4:45 p.m., to be initiated by counsel for the plaintiff. Plaintiff's counsel shall ensure that all adversaries are aware of the new date and time. Ordered by Judge Pohorelsky on 9/18/14. (Newton, Joan)

Letter MOTION for Extension of Time to Complete Discovery by Germain Cano. (Cardinale, Richard) (Entered: 09/23/2014)

Letter clarifying plaintiffs' letter to the Court dated September 23, 2014 by Germain Cano (Cardinale, Richard) (Entered: 09/24/2014)

SET DEADLINE: Any response to the plaintiffs' 49 and 50 letter applications is due by 10/1/14. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/24/2014. (Toritto, Jim)

Letter MOTION for Discovery --requesting that documentary discovery remain closed by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Toews, Mark) (Entered: 10/01/2014)

Letter MOTION to Produce Plaintiff for Deposition by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Attachments: # 1 Proposed Order) (Toews, Mark) (Entered: 10/02/2014)

MOTION for Extension of Time to Complete Discovery by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Toews, Mark) (Entered: 10/03/2014)

ORDER granting 49 Motion for Extension of Time to Complete Discovery. So Ordered by Judge William F. Kuntz, II on 10/3/2014. (Kuntz, William)

ORDER denying 51 Motion for Discovery. So Ordered by Judge William F. Kuntz, II on 10/3/2014. (Kuntz, William)

ORDER granting 52 Motion to Produce. So Ordered by Judge William F. Kuntz, II on 10/3/2014. (Kuntz, William)

ORDER granting 53 Motion for Extension of Time to Complete Discovery. So Ordered by Judge William F. Kuntz, II on 10/3/2014. (Kuntz, William)

MOTION to Produce by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Attachments: # 1 Proposed Order to Produce) (Toews, Mark) (Entered: 10/08/2014)

ORDER granting 54 Motion to Produce. Ordered by Magistrate Judge Viktor V. Pohorelsky on 10/9/2014. (Toritto, Jim)

MINUTE ENTRY for Telephone Status Conference held on 10/15/14 before Magistrate Judge Viktor V. Pohorelsky: The next conference will be held by telephone on November 19, 2014 at 5:00 p.m., to be initiated by counsel for the plaintiffs. The conference will be marked off the calendar upon notice by the defendants that their initial moving papers have been served in accordance with the schedule. See annexed conference calendar for details. (Newton, Joan) (Entered: 10/16/2014)

Letter to Judge William F. Kuntz requesting clarification of two of the Court's Orders issued on October 3, 2014 by Germain Cano (Cardinale, Richard) (Entered: 10/17/2014)

ORDER re 56 Letter filed by Germain Cano. Defendants are not precluded by this Court's previous Order from asserting objections. Any disputes related to discovery should be addressed to Magistrate Judge Pohorelsky. So Ordered by Judge William F. Kuntz, II on 10/17/2014. (Reilly, Matthew)

MOTION for Extension of Time to File Summary Judgment Motions by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Toews, Mark) (Entered: 11/07/2014)

ORDER granting 57 Motion for Extension of Time to File. The Court hereby orders the following summary judgment briefing schedule pursuant to Defendants' request: Defendants motion for summary judgment shall be served on or before December 12, 2014; Plaintiffs Opposition to Defendants motion for summary judgment shall be served on or before January 16, 2015; and Defendants Reply shall be served on or before February 6, 2015. Defendants shall file all motion papers on ECF on February 6, 2015 and provide the Court with a complete set of courtesy copies. So Ordered by Judge William F. Kuntz, II on 11/7/2014. (Reilly, Matthew)

NOTICE of Appearance by Neil Anthony Giovanatti on behalf of City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin (aty to be noticed) (Giovanatti, Neil) (Entered: 11/07/2014)

ANSWER to 10 Amended Complaint by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Toews, Mark) (Entered: 11/12/2014)

First MOTION for Extension of Time to File Answer re 10 Amended Complaint by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Toews, Mark) (Entered: 11/12/2014)

STIPULATION of Dismissal of claims against Defendant Police Commissioner Raymond Kelly by City of New York, Raymond Kelly, Kenneth Kobetitsch, Rafael Pineiro, William Tobin (Toews, Mark) (Entered: 11/12/2014)

STIPULATION AND ORDER OF DISMISSAL: Pursuant to FRCP 41(a)(1)(A)(ii), plaintiffs' claims against Police Commissioner Raymond Kelly are voluntarily dismissed with prejudice and without costs. Ordered by Judge William F. Kuntz, II on 11/12/2014. (Brucella, Michelle) (Entered: 11/13/2014)

ORDER granting nunc pro tunc 60 Motion for Extension of Time for Defendants to Answer to Second Amended Complaint to November 12, 2014. Ordered by Magistrate Judge Viktor V. Pohorelsky on 11/14/2014. (Newton, Joan)

MINUTE ENTRY for Telephone Status Conference held on 11/19/14 before Magistrate Judge Viktor V. Pohorelsky: Discovery is complete except for one item of discovery sought by the plaintiffs, i.e., a video recording of the mens holding area, which is the subject of ongoing discussions by the parties. As the discovery is not applicable to the motion for summary judgment now being briefed, the parties may put off motion practice concerning the matter if they wish, but the final deadline for making a motion addressed to the issue is two weeks after a decision is rendered on the summary judgment motion. Discovery is otherwise closed. The next conference is adjourned without date. (Newton, Joan) (Entered: 11/20/2014)

Letter motion to preclude defendants from using discovery served by defendants on December 11, 2014 by Germain Cano (Cardinale, Richard) Modified on 12/15/2014 (Toritto, Jim). (Entered: 12/12/2014)

RESPONSE in Opposition re 64 MOTION to Quash filed by All Defendants. (Toews, Mark) (Entered: 12/15/2014)

ORDER Setting Hearing on Motion 64 MOTION to preclude evidence: Motion Hearing set for 12/19/2014 12:00 PM in Courtroom 13A South before Magistrate Judge Viktor V. Pohorelsky. Ordered by Magistrate Judge Viktor V. Pohorelsky on 12/16/2014. (Pohorelsky, Viktor)

First MOTION to Adjourn Conference /Hearing Currently Scheduled for Friday, December 19, 2014 by City of New York, Deputy Commissioners John Does 1-5, Kenneth Kobetitsch, Rafael Pineiro, Police Officers John Does 1-5, William Tobin. (Giovanatti, Neil) (Entered: 12/17/2014)

ORDER granting 66 Motion to Adjourn Conference. The 12/19/14 conference is adjourned to December 30, 2014 at 11:00 a.m.. Ordered by Magistrate Judge Viktor V. Pohorelsky on 12/18/2014. (Newton, Joan)

MINUTE ORDER for Motion Hearing held on 12/30/14 before Magistrate Judge Viktor V. Pohorelsky: denying 64 Motion to Quash. See annexed conference calendar for detailed scheduling and rulings. (Newton, Joan) (Entered: 12/31/2014)

MOTION for Summary Judgment by City of New York, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Toews, Mark) (Entered: 02/04/2015)

MEMORANDUM in Support re 68 MOTION for Summary Judgment filed by City of New York, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Toews, Mark) (Entered: 02/04/2015)

RULE 56.1 STATEMENT re 68 MOTION for Summary Judgment filed by City of New York, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Toews, Mark) (Entered: 02/04/2015)

AFFIDAVIT/DECLARATION in Support re 68 MOTION for Summary Judgment of Mark G. Toews filed by City of New York, Kenneth Kobetitsch, Rafael Pineiro, William Tobin. (Attachments: # 1 Exhibits A-K, # 2 Exhibits L-U) (Toews, Mark) (Entered: 02/04/2015)