Case: Feeley v. The City of New York

COMPLAINT against Mark Aronberg, Michael Rubens Bloomberg, Lisette Camilo, Salvatore Cassano, Stacey Cumberbatch, Andy Diamond, Edna Wells Handy, Martha H Hirst, Hugh McAllister, Louis Morbelli, Patrick Murphy, Daniel A. Nigro, Nicholas Scoppetta, The City of New York, Bill de Blasio filing fee $ 400, receipt number ANYEDC-12663318 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Vanessa Feeley. (Sanders, Eric) (Entered: 04/10/2020)

Civil Cover Sheet.. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Proposed Summons. Re 1 Complaint, by Vanessa Feeley (Sanders, Eric) (Entered: 04/10/2020)

Case Assigned to Judge Ann M Donnelly and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

Summons Issued as to All Defendants. (Attachments: # 1 Bloomberg summons, # 2 Stacey summons, # 3 Patrick summons, # 4 Nigro summons, # 5 Morbelli summons, # 6 McAllister summons, # 7 Lisette summons, # 8 Hirst summons, # 9 Edna summons, # 10 de Blasio summons, # 11 Nicholas summons, # 12 Andy summons, # 13 Aronberg summons, # 14 Cassano summons) (Bowens, Priscilla) (Entered: 04/13/2020)

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: 04/13/2020)

Case Assigned/Reassigned

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 04/13/2020)

SCHEDULING ORDER: An Initial Conference will be held in this case on July 16, 2020 at 11:00 a.m. before Peggy Kuo, United States Magistrate Judge, in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-discovplan.pdf Any request for adjournment of this or any other conference 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 two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 4/14/2020. (O'Neil-Berven, Ryan) (Entered: 04/14/2020)

SCHEDULING ORDER: The Initial Conference scheduled for July 16, 2020 at 11:00 a.m. before the Honorable Peggy Kuo has been converted from an in-person conference to a Telephone Conference. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. Plaintiff's counsel is directed to ensure defendants are aware of this conference change. Ordered by Magistrate Judge Peggy Kuo on 6/1/2020. (O'Neil-Berven, Ryan)

Order(Other)

SUMMONS Returned Executed by Vanessa Feeley. The City of New York served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

SUMMONS Returned Executed by Vanessa Feeley. Andy Diamond served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

SUMMONS Returned Executed by Vanessa Feeley. Daniel A. Nigro served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

SUMMONS Returned Executed by Vanessa Feeley. Edna Wells Handy served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

SUMMONS Returned Executed by Vanessa Feeley. Hugh McAllister served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

SUMMONS Returned Executed by Vanessa Feeley. Lisette Camilo served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

SUMMONS Returned Executed by Vanessa Feeley. Louis Morbelli served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

SUMMONS Returned Executed by Vanessa Feeley. Mark Aronberg served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

SUMMONS Returned Executed by Vanessa Feeley. Martha H Hirst served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

SUMMONS Returned Executed by Vanessa Feeley. Michael Rubens Bloomberg served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

SUMMONS Returned Executed by Vanessa Feeley. Nicholas Scoppetta served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

SUMMONS Returned Executed by Vanessa Feeley. Patrick Murphy served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

SUMMONS Returned Executed by Vanessa Feeley. Salvatore Cassano served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

SUMMONS Returned Executed by Vanessa Feeley. Stacey Cumberbatch served on 6/23/2020, answer due 7/14/2020. (Sanders, Eric) (Entered: 06/24/2020)

Consent MOTION for Extension of Time to File Answer Or To Otherwise Respond To The Complaint by The City of New York. (Anci, Joseph) (Entered: 07/02/2020)

ORDER granting 36 Motion for Extension of Time to Answer. The deadline for Defendants to answer or otherwise respond to the Complaint is extended to September 14, 2020. Ordered by Magistrate Judge Peggy Kuo on 7/6/2020. (O'Neil-Berven, Ryan)

Consent MOTION to Adjourn Conference Scheduled for July 16, 2020 by The City of New York. (Anci, Joseph) (Entered: 07/08/2020)

ORDER granting 37 Motion to Adjourn Conference. The Initial Conference scheduled for July 16, 2020 is adjourned to September 29, 2020 at 11:00 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. At least five days before the Conference, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference 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 two (2) business days before the scheduled conference, except in the event of an emergency. Plaintiff is directed to ensure Defendants are aware of this conference change. Ordered by Magistrate Judge Peggy Kuo on 7/8/2020. (O'Neil-Berven, Ryan)

NOTICE of Appearance by Kami Zumbach Barker on behalf of The City of New York (aty to be noticed) (Barker, Kami) (Entered: 07/29/2020)

NOTICE of Appearance by James Edward Kimmel on behalf of Hugh McAllister, Louis Morbelli (aty to be noticed) (Kimmel, James) (Entered: 09/02/2020)

Consent MOTION for Extension of Time to File Answer and to adjourn Initial Conference by Hugh McAllister, Louis Morbelli. (Kimmel, James). Added MOTION to Adjourn Conference on 9/8/2020 (O'Neil-Berven, Ryan). (Entered: 09/04/2020)

ORDER granting 40 Motion for Extension of Time to Answer. The deadline for Defendants Hugh McAllister and Louis Morbelli to answer or otherwise respond to the Complaint is extended to October 5, 2020. The 40 Motion to Adjourn Conference is granted. The Telephone Initial Conference previously scheduled for September 29, 2020 is adjourned to October 21, 2020 at 10:00 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)The parties are directed to file a joint and completed copy of the Proposed Discovery Plan by October 16, 2020, a PDF version of which may be found at: https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf. Ordered by Magistrate Judge Peggy Kuo on 9/8/2020. (O'Neil-Berven, Ryan)

NOTICE of Appearance by Glenn A Jacobson on behalf of Hugh McAllister, Louis Morbelli (notification declined or already on case) (Jacobson, Glenn) (Entered: 09/08/2020)

Order on Motion for Extension of Time to Answer AND Order on Motion to Adjourn Conference AND 1 - Terminate Deadlines and Hearings

Consent MOTION for Extension of Time to File Answer or to Otherwise Respond to the Complaint by The City of New York. (Anci, Joseph) Modified on 9/9/2020 to correct motion type (O'Neil-Berven, Ryan). (Entered: 09/09/2020)

ORDER granting 42 Motion for Extension of Time to Answer. The deadline for All Defendants to answer or otherwise respond to the Complaint is extended to October 5, 2020. Ordered by Magistrate Judge Peggy Kuo on 9/9/2020. (O'Neil-Berven, Ryan)

Order on Motion for Extension of Time to Answer

Consent MOTION for Extension of Time to File Answer or to Otherwise Respond to the Complaint by The City of New York. (Anci, Joseph) Modified on 9/30/2020 to correct motion type (O'Neil-Berven, Ryan). (Entered: 09/29/2020)

ORDER granting 43 Motion for Extension of Time to Answer. The deadline for defendants Hugh McAllister, Louis Morbelli, and The City of New York to answer or otherwise respond to the Complaint is extended to October 19, 2020. Ordered by Magistrate Judge Peggy Kuo on 9/30/2020. (O'Neil-Berven, Ryan)

Order on Motion for Extension of Time to Answer

Proposed Scheduling Order In Advance Of the October 21, 2020 Initial Conference by Mark Aronberg, Michael Rubens Bloomberg, Lisette Camilo, Salvatore Cassano, Stacey Cumberbatch, Andy Diamond, Edna Wells Handy, Martha H Hirst, Patrick Murphy, Daniel A. Nigro, Nicholas Scoppetta, The City of New York, Bill de Blasio (Anci, Joseph) (Entered: 10/16/2020)

ANSWER to 1 Complaint, by Hugh McAllister, Louis Morbelli. (Kimmel, James) (Entered: 10/19/2020)

ANSWER to 1 Complaint, by Mark Aronberg, Michael Rubens Bloomberg, Lisette Camilo, Salvatore Cassano, Stacey Cumberbatch, Andy Diamond, Edna Wells Handy, Martha H Hirst, Patrick Murphy, Daniel A. Nigro, Nicholas Scoppetta, The City of New York, Bill de Blasio. (Anci, Joseph) (Entered: 10/19/2020)

Letter with Proposed Stipulation and Confidentiality Order by Mark Aronberg, Michael Rubens Bloomberg, Lisette Camilo, Salvatore Cassano, Stacey Cumberbatch, Andy Diamond, Edna Wells Handy, Martha H Hirst, Patrick Murphy, Daniel A. Nigro, Nicholas Scoppetta, The City of New York, Bill de Blasio (Attachments: # 1 Proposed Order Proposed stipulation and Confidentiality Order) (Anci, Joseph) (Entered: 10/20/2020)

Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on October 21, 2020. Attorney Eric Sanders appeared on behalf of plaintiff. Attorneys Joseph Anci and Kami Barker appeared on behalf of defendants City of New York, Michael Bloomberg, Bill de Blasio, Martha Hirst, Edna Handy, Stacey Cumberbatch, Lisette Camilo, Nicholas Scoppetta, Salvatore Cassano, Daniel Nigro, Mark Aronberg, Andy Diamond, and Patrick Murphy (The City Defendants). Attorney James Kimmel appeared on behalf of defendants Louis Morbelli and Hugh McAllister.The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. The parties were directed to file a joint status report by December 10, 2020 reporting on the progress of discovery and raising any issues which need to be addressed. The case is referred to the EDNY ADR Program for court-annexed mediation to be completed by February 1, 2021. The parties are directed to file a joint status report by February 5, 2021 regarding the result of mediation, and indicating, if mediation is not successful, whether they would like a settlement conference with the Court. (FTR LOG: 10:09-10:38) (O'Neil-Berven, Ryan) (Entered: 10/21/2020)

CONFIDENTIALITY ORDER: The proposed Confidentiality Order filed at [47-1] is so-ordered. See attached for further details. Ordered by Magistrate Judge Peggy Kuo on 10/21/2020. (O'Neil-Berven, Ryan) (Entered: 10/21/2020)

MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina)

Mediation Instructions

Letter requesting extension to begin mediation until January by Mark Aronberg, Michael Rubens Bloomberg, Lisette Camilo, Salvatore Cassano, Stacey Cumberbatch, Andy Diamond, Edna Wells Handy, Martha H Hirst, Patrick Murphy, Daniel A. Nigro, Nicholas Scoppetta, The City of New York, Bill de Blasio (Barker, Kami) Modified on 12/3/2020 to reflect this is a motion (O'Neil-Berven, Ryan). (Entered: 12/02/2020)

ORDER granting 50 Motion for Extension of Time to Start Mediation. The parties are permitted to delay the start of mediation until January 2021. The deadline to complete mediation remains February 1, 2021 with a joint status report regarding the results of mediation due by February 5, 2021. Ordered by Magistrate Judge Peggy Kuo on 12/3/2020. (O'Neil-Berven, Ryan)

Order on Motion for Extension of Time to Complete Discovery

Letter requesting an early settlement conference in lieu of mediation by Mark Aronberg, Michael Rubens Bloomberg, Lisette Camilo, Salvatore Cassano, Stacey Cumberbatch, Andy Diamond, Edna Wells Handy, Martha H Hirst, Patrick Murphy, Daniel A. Nigro, Nicholas Scoppetta, The City of New York, Bill de Blasio (Barker, Kami) Modified on 1/14/2021 to reflect this is a motion for a settlement conference (O'Neil-Berven, Ryan). (Entered: 01/14/2021)

ORDER granting 51 Motion for Conference. A Telephone Settlement Conference is scheduled for February 24, 2021 at 2:15 p.m. before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendants with complete settlement authority (other than counsel) must be present. Counsel are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference, either with their clients on the line, or share the dial-in information so their clients can call in separately. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their Settlement Statements. The parties are directed to submit confidential ex parte settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by February 16, 2021. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The parties are directed to exchange all documents and information necessary for the settlement conference as soon as possible. The Court will schedule ex parte telephone calls with counsel after review of the statements. The 51 motion to withdraw the case from court-annexed mediation is granted. Ordered by Magistrate Judge Peggy Kuo on 1/15/2021. (O'Neil-Berven, Ryan)

Order on Motion for Hearing AND ~Util - Case Returned from Mediation AND 1 - Terminate Deadlines and Hearings

ORDER: Pursuant to the Order dated January 15, 2021 the parties were directed to submit confidential ex parte settlement statements via email to Chambers by February 16, 2021. Plaintiff has failed to comply with this Court order and is directed to submit the outstanding statements immediately. Ordered by Magistrate Judge Peggy Kuo on 2/17/2021. (O'Neil-Berven, Ryan)

ORDER: The Court is in receipt of a request from Plaintiff's counsel, contained in an ex parte communication, for an adjournment of the settlement conference scheduled for February 24, 2021. The Court will only consider requests for adjournment which are filed on the docket, state the reason for the request, and indicate whether all parties consent. Ordered by Magistrate Judge Peggy Kuo on 2/18/2021. (O'Neil-Berven, Ryan)

ORDER: A status conference is scheduled for February 19, 2021 at 2:00 p.m. Plaintiff's counsel is ordered to explain his disregard of court-ordered deadlines in this case. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 2/18/2021. (O'Neil-Berven, Ryan)

Order(Other)

Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. A telephone status conference was held on February 19, 2021. No appearance on behalf of Plaintiff. Attorneys Joseph Anci and Kami Barker appeared for the City Defendants. Attorney James Kimmel appeared on behalf of Defendants Morbelli and McAllister. Chambers staff and Defense counsel attempted to contact Attorney Eric Sanders to remind him of the conference call but were unable to reach him before the conference concluded. Messages were left for him to call into the conference. Counsel for all defendants indicated that Plaintiff has not made any settlement demand. A settlement demand was due November 16, 2020. Ms. Barker indicated that she had asked Plaintiff's counsel to provide a demand even after that date, and received no response. The Court informed counsel that it was concerned about whether the settlement conference should go forward on February 24, 2021, given that Plaintiff's counsel stated in an email to the Court that, "At this point, it would be a waste of the Courts and the parties time to have a settlement conference." Because Plaintiff's counsel failed to appear at the conference, no information was provided about the basis for Plaintiff's counsel's belief. The Court notes that Plaintiff joined in the request of January 14, 2021 51 that the Court schedule a settlement conference and did not object to it being scheduled for February 24, 2021. Plaintiff's counsel was also unavailable to explain why he has not responded to defense counsels requests for demands, why he failed to comply with the Court's deadline that he provide demands by November 16, 2020, why he has not provided the information required in the ex parte settlement statements, and why he failed to provide the required settlement statement by February 16, 2021, other than his statement, "Im on vacation." The settlement conference is adjourned sua sponte. Instead, a status conference by telephone is scheduled for February 24, 2021 at 2:15 p.m.. All counsel must appear. Plaintiff's counsel must show cause for his repeated failures to comply with Court orders, including attendance at today's conference. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) The Court notes that Chambers staff was able to contact Mr. Sanders at the conclusion of the conference and informed him of the status conference date and time. (FTR Log: 2:18-2:29) (O'Neil-Berven, Ryan)

Scheduling Order

Status Conference AND ~Util - Set Hearings AND 1 - Terminate Deadlines and Hearings

Minute entry for proceedings before Magistrate Judge Peggy Kuo. A status conference was held by telephone on February 24, 2021. Attorney Eric Sanders appeared on behalf of Plaintiff. Attorneys Joseph Anci and Kami Barker appeared on behalf of the City Defendants. Attorney James Kimmel appeared on behalf of Defendants Louis Morbelli and Hugh McAllister. Plaintiff's counsel offered his explanations for not complying with the November 16, 2020 deadline to make a settlement demand, the February 26, 2021 deadline for the settlement statement, and for not appearing at the February 19, 2021 status conference. The Court accepts his explanations and will not take further action.The parties are reminded that they must comply with all Court-ordered deadlines. The parties are further reminded that if they have a discovery dispute, they must file a joint letter with the Court setting forth all of the parties' positions before filing a motion. The parties are directed to Judge Kuo's Individual Rules for further information.The parties agreed to file a joint status report by March 5, 2021 stating whether they would like a referral to Court-annexed mediation, and if so, a deadline for completion of mediation. Plaintiff is directed to provide Defendants with her demand in advance of this report in order for the parties to assess an appropriate timeframe for mediation. (FTR Log #2:17-2:44pm.) (Rand, Matthew)

Status Conference AND ~Util - Set Deadlines

STATUS REPORT Regarding Settlement Discussions by Vanessa Feeley (Sanders, Eric) (Entered: 03/05/2021)

TRANSCRIPT of Proceedings held on February 24, 2021, before Judge Kuo. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/29/2021. Redacted Transcript Deadline set for 4/8/2021. Release of Transcript Restriction set for 6/7/2021. (Hong, Loan) (Entered: 03/08/2021)

SCHEDULING ORDER: A Telephone Settlement Conference is scheduled for April 30, 2021 at 2:00 p.m. before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the Defendants with complete settlement authority (other than counsel) must be present. Counsel are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference, either with their clients on the line, or share the dial-in information so their clients can call in separately. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail.The parties are directed to submit any updated confidential ex parte settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by April 21, 2021. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. Ordered by Magistrate Judge Peggy Kuo on 3/8/2021. (O'Neil-Berven, Ryan)

Scheduling Order AND 1 - Terminate Deadlines and Hearings

MOTION to Adjourn Conference for delay in joining settlement conf. by Hugh McAllister, Louis Morbelli. (Kimmel, James) (Entered: 04/21/2021)

ORDER granting 54 Motion to Adjourn Conference. The Telephone Settlement Conference scheduled for April 30, 2021 is adjourned to 2:30 p.m. before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the Defendants with complete settlement authority (other than counsel) must be present. Counsel are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference, either with their clients on the line, or share the dial-in information so their clients can call in separately. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail. Ordered by Magistrate Judge Peggy Kuo on 4/21/2021. (O'Neil-Berven, Ryan)

Order on Motion to Adjourn Conference AND 1 - Terminate Deadlines and Hearings

Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. A Telephone Settlement Conference was held on April 30, 2021. Attorney Eric Sanders appeared on behalf of Plaintiff. Plaintiff Vanessa Feeley was also present. Attorneys Joseph Anci and Kami Barker appeared on behalf of City Defendants. Sabine Rospide of the FDNY was present. Attorney James Kimmel appeared on behalf of individual Defendants Morbelli and McAllister. Defendants Louis Morbelli and Hugh McAllister were also present. The parties were not able to reach an agreement. Fact discovery must conclude by July 15, 2021. The parties are directed to file a joint status report by July 30, 2021 certifying the close of fact discovery and proposing a new briefing schedule for the Rule 23 class certification motion. The current deadlines for the class certification motion are lifted. (O'Neil-Berven, Ryan)

Settlement Conference AND ~Util - Set Deadlines AND 1 - Terminate Deadlines

First MOTION for Extension of Time to Complete Discovery on behalf of all parties by Mark Aronberg, Michael Rubens Bloomberg, Lisette Camilo, Salvatore Cassano, Stacey Cumberbatch, Andy Diamond, Edna Wells Handy, Martha H Hirst, Patrick Murphy, Daniel A. Nigro, Nicholas Scoppetta, The City of New York, Bill de Blasio. (Barker, Kami) (Entered: 07/13/2021)

ORDER granting 55 Motion for Extension of Time to Complete Discovery. The deadline for the parties to file a joint status report certifying the close of fact discovery and proposing a new briefing schedule for the Rule 23 class certification motion is extended to August 30, 2021. Ordered by Magistrate Judge Peggy Kuo on 7/13/2021. (O'Neil-Berven, Ryan)

Order on Motion for Extension of Time to Complete Discovery AND 1 - Terminate Deadlines and Hearings

MOTION for Extension of Time to Complete Discovery by Vanessa Feeley. (Sanders, Eric) (Entered: 08/27/2021)

ORDER granting 56 Motion for Extension of Time to Complete Discovery. The deadline for the parties to file a joint status report certifying the close of fact discovery and proposing a new briefing schedule for the Rule 23 class certification motion is extended to September 30, 2021. Ordered by Magistrate Judge Peggy Kuo on 8/30/2021. (O'Neil-Berven, Ryan)

Order on Motion for Extension of Time to Complete Discovery AND 1 - Terminate Deadlines and Hearings

First MOTION to Compel Rule 30(b)(6) Discovery by Vanessa Feeley. (Sanders, Eric) (Entered: 09/24/2021)

RESPONSE to Motion re 57 First MOTION to Compel Rule 30(b)(6) Discovery filed by Hugh McAllister, Louis Morbelli. (Kimmel, James) (Entered: 09/24/2021)

REPLY in Opposition re 57 First MOTION to Compel Rule 30(b)(6) Discovery by City Defendants filed by Mark Aronberg, Michael Rubens Bloomberg, Lisette Camilo, Salvatore Cassano, Stacey Cumberbatch, Andy Diamond, Edna Wells Handy, Martha H Hirst, Patrick Murphy, Daniel A. Nigro, Nicholas Scoppetta, The City of New York, Bill de Blasio. (Attachments: # 1 EXHIBIT A - Plaintiffs' 30b6 Notice, # 2 EXHIBIT B - email correspondence, # 3 EXHIBIT C - email correspondence) (Barker, Kami) (Entered: 09/24/2021)

STATUS REPORT on behalf of all parties by Mark Aronberg, Michael Rubens Bloomberg, Lisette Camilo, Salvatore Cassano, Stacey Cumberbatch, Andy Diamond, Edna Wells Handy, Martha H Hirst, Patrick Murphy, Daniel A. Nigro, Nicholas Scoppetta, The City of New York, Bill de Blasio (Barker, Kami) (Entered: 09/30/2021)

SCHEDULING ORDER: A Discovery Hearing is scheduled by telephone for October 21, 2021 at 11:30 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 10/4/2021. (O'Neil-Berven, Ryan)

~Util - Set Hearings

First MOTION for pre motion conference seeking leave to file a motion to dismiss the class claims and precluding plaintiff from seeking class certification by Mark Aronberg, Michael Rubens Bloomberg, Lisette Camilo, Salvatore Cassano, Stacey Cumberbatch, Andy Diamond, Edna Wells Handy, Martha H Hirst, Patrick Murphy, Daniel A. Nigro, Nicholas Scoppetta, The City of New York, Bill de Blasio. (Attachments: # 1 EXHIBIT A - email correspondence) (Barker, Kami) (Entered: 10/05/2021)