1
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COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 287932 (sac) (Entered: 05/23/1997)
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May 22, 1997
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May 22, 1997
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2
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Rule 9 certificate filed by Danni Tyson (sac) (Entered: 05/23/1997)
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May 22, 1997
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May 22, 1997
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Magistrate Judge Eaton is so Designated. (sac) (Entered: 05/23/1997)
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May 22, 1997
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May 22, 1997
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3
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FIRST AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise , (Answer due 6/16/97 for Jane/John Does, for Alonzo Davis, for Michael P. Jacobson, for NYC Dept. of Correct, for Howard Safir, for NYC Police Dept., for Rudolph W. for The City of New York ) amending [1-1] complaint ; Summons issued. (ae) (Entered: 06/09/1997)
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June 3, 1997
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June 3, 1997
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4
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Affidavit of service as to Rudolph W. Giuliani by serving the New York City Law Department leaving the papers with Joan Daniel on 6/3/97. (kw) (Entered: 06/13/1997)
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June 12, 1997
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June 12, 1997
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4
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Affidavit of service as to Howard Safir by Ms. Porter on 6/3/97. (kw) (Entered: 06/13/1997)
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June 12, 1997
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June 12, 1997
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4
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Affidavit of service as to Alonzo Davis by G. Brathwaite on 6/3/97. (kw) (Entered: 06/13/1997)
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June 12, 1997
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June 12, 1997
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4
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Affidavit of service as to The City of New York by serving the New York City Law Department leaving the papers with Joan Daniel on 6/3/97. (kw) (Entered: 06/13/1997)
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June 12, 1997
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June 12, 1997
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5
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Affidavit of service of summons and complaint as to Alonzo Davis upon G. Brathwaite on 5/23/97. Answer due on 6/12/97 for Alonzo Davis. (djc) (Entered: 06/13/1997)
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June 12, 1997
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June 12, 1997
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5
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Affidavit of service of summons and complaint as to Michael P. Jacobson upon G.Brathwaite on 5/23/97. Answer due on 6/12/97 for Michael Jacobson (djc) (Entered: 06/13/1997)
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June 12, 1997
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June 12, 1997
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5
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Affidavit of service of summons and complaint as to The City of New York upon Joan Daniel on 5/23/97. Answer due on 6/12/97 for The City New York. (djc) (Entered: 06/13/1997)
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June 12, 1997
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June 12, 1997
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5
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Affidavit of service of summons and complaint as to Rudolph W. Giuliani upon Joan Daniel on 5/23/97. Answer due on 6/12/97 for Rudolph W. Giuliani (djc) (Entered: 06/13/1997)
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June 12, 1997
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June 12, 1997
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5
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Affidavit of service of summons and complaint as to Howard Safir upon Daniel Albano on 5/23/97. Answer due on 6/12/97 for Howard Safir. (djc) (Entered: 06/13/1997)
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June 12, 1997
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June 12, 1997
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6
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Filed Memo Endorsement on letter dated June 17, 1996 from Muriel Goode-Trufant, Reset answer due for 7/17/97 for Jane/John Does, for Alonzo Davis, for Michael P. Jacobson, for NYC Dept. of Correct, for Howard Safir, for NYC Police Dept., for Rudolph W. Giuliani, for The City of New York ( signed by Judge Kimba M. Wood ) (sac) (Entered: 06/20/1997)
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June 19, 1997
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June 19, 1997
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7
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SCHEDULING ORDER setting Deadline for filing of class certification motion 7/28/97 ; Response to motion deadline 8/18/97 ; Reply to response to motion deadline 9/2/97 ; ( signed by Judge Kimba M. Wood ) ; Copies mailed (cd) (Entered: 07/07/1997)
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July 2, 1997
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July 2, 1997
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Before J. Wood; Pre-trial conference held (cd) (Entered: 07/15/1997)
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July 14, 1997
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July 14, 1997
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8
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SCHEDULING ORDER setting Deadline for filing of motion for class cert. 7/21/97 ; opposition to motion deadline 8/11/97 ; reply to response to motion deadline 8/25/97 ; ( signed by Judge Kimba M. Wood ) ; Copies mailed (ae) (Entered: 07/15/1997)
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July 15, 1997
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July 15, 1997
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9
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ANSWER to Complaint by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does (Attorney Georgia Pestana) (ae) (Entered: 07/21/1997)
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July 17, 1997
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July 17, 1997
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10
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NOTICE OF MOTION by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise to certify as a class action, purs. to FRCP 23(a) and (b)(3) ; Return date 8/25/97; with attached affidavit and declarations. (kg) (Entered: 07/24/1997)
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July 21, 1997
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July 21, 1997
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11
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MEMORANDUM OF LAW by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise in support of [10-1] motion to certify as a class action, purs. to FRCP 23(a) and (b)(3). (kg) (Entered: 07/24/1997)
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July 21, 1997
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July 21, 1997
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13
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DECLARATION of Georgia Pestana in opposition by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does [10-1] motion to certify as a class action, purs. to FRCP 23(a) and (b)(3) (djc) (Entered: 08/18/1997)
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Aug. 13, 1997
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Aug. 13, 1997
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14
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Filed Memo-Endorsement on letter to Judge Wood from Georgia Pestana dated 8/11/97; defts' response to motion reset to 8/13/97 for [10-1] motion to certify as class action, purs. to FRCP 23(a) and (b)(3) ; pltffs' reply to response to motion reset to 8/27/97 for [10-1] motion to certify as a class action, purs. to FRCP 23(a) and (b)(3) ; ( signed by Judge Kimba M. Wood ) (ls) (Entered: 08/28/1997)
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Aug. 27, 1997
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Aug. 27, 1997
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15
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REPLY MEMORANDUM by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise in support re: [10-1] motion to certify as a class action, purs. to FRCP 23(a) and (b)(3) (sac) (Entered: 08/29/1997)
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Aug. 28, 1997
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Aug. 28, 1997
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16
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REPLY AFFIRMATION of Matthew D. Brinckerhoff by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise in support Re: [10-1] motion to certify as a class action, purs. to FRCP 23(a) and (b)(3) (sac) (Entered: 08/29/1997)
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Aug. 28, 1997
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Aug. 28, 1997
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Terminated document 9-1 as per instructions of Judge Wood dated 4/10/98. (rag) (Entered: 04/10/1998)
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March 31, 1998
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March 31, 1998
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17
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ORDER, certifying this case as a class action, purs. to FRCP 23(a) and (b)(3) ; the Clerk of Court shall issue this Order to counsel for the parties as set forth on the list appended hereto purs. to Rule 77.1 of the Local Rules of this Court and that such issuance of the order shall constitute service on the partied represented by said counsel (signed by Judge Kimba M. Wood); Copies mailed. (kg) (Entered: 04/14/1998)
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April 13, 1998
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April 13, 1998
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18
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Transcript of record of proceedings before Judge Wood filed for dates of March 18, 1998 (jp) (Entered: 05/06/1998)
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May 6, 1998
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May 6, 1998
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19
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Filed Memo Endorsement on letter to Judge Wood from Matthew Brinckerhoff, dated 6/15/98, pltffs request this Court to hold a pre-motion conference on 6/17/98 so that pltffs may submit a motion for an order directing defts to identify all class members and provide notice as set forth in this order: no premotion conference is required. The motion (directing defts to identify all class members) may be fld whenever plntfs' counsel is ready ( signed by Judge Kimba M. Wood ) (cd) Modified on 06/23/1998 (Entered: 06/22/1998)
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June 19, 1998
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June 19, 1998
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20
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NOTICE OF MOTION by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise for an order directing defendants to: 1. Provide plaintiffs with a comprehensive list, including addresses, of all persons arrested for misdemeanor or non-criminal offenses in New York and Queens Counties between July 1, 1996 (Queens County) or July 8, 1996 (New York County) and June 13, 1997; and 2. Serve notice of the pendency of this class action by first class mail upon all identified class members (plaintiffs' proposed class notice is attached as Ex. A to the Declaration of Matthew Brinckerhoff ("Brinck. Decl."), executed September 14, 1998); and 3. Publish notice of pendency of this case in the New York Times, the New York Daily News, the New York Post, New York Newsday, The Village Voice and the Amsterdam News every other week for a period of six weeks ; Return date is 9/30/98. (Declaration of Matthew D. Brinckerhoff attached) (bw) (Entered: 09/17/1998)
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Sept. 15, 1998
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Sept. 15, 1998
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21
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MEMORANDUM OF LAW by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise support of [20-1] motion for an order directing defendants to: 1. Provide plaintiffs with a comprehensive list, including addresses, of all persons arrested for misdemeanor or non-criminal offenses in New York and Queens Counties between July 1, 1996 (Queens County) or July 8, 1996 (New York County) and June 13, 1997; and 2. Serve notice of the pendency of this class action by first class mail upon all identified class members (plaintiffs' proposed class notice is attached as Ex. A to the Declaration of Matthew Brinckerhoff ("Brinck. Decl."), executed September 14, 1998); and 3. Publish notice of pendency of this case in the New York Times, the New York Daily News, the New York Post, New York Newsday, The Village Voice and the Amsterdam News every other week for a period of six weeks. (bw) (Entered: 09/17/1998)
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Sept. 15, 1998
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Sept. 15, 1998
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22
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Rule 56.1 statement filed by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise. (bw) (Entered: 09/17/1998)
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Sept. 15, 1998
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Sept. 15, 1998
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23
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Filed Memo-Endorsement on letter to Judge Wood from Matthew D. Brinckerhoff dated 09/14/98, counsel for plaintiffs request a pre-motion conference so that plaintiffs may submit a motion for an order of partial summary judgment against defendants on the issue of liability. The Court grants permission to file this motion without a premotion conference. Defendants are reminded of their duty to file a responsive Rule 56.1 Statement that responds specifically and factually to each of plaintiff's statements, and not to respond with legal argumentation. (signed by Judge Kimba M. Wood) (djc) (Entered: 09/22/1998)
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Sept. 21, 1998
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Sept. 21, 1998
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24
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Notice of reassignment to Judge John S. Martin Copy of notice and judge's rules mailed to Attorney(s) of record: Richard D. Emery, Georgia Pestana . (jp) (Entered: 09/30/1998)
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Sept. 25, 1998
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Sept. 25, 1998
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25
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NOTICE OF CROSS MOTION by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correction, Michael P. Jacobson, Alonzo Davis, Jane/John Does for an Order directing that: 1. Plaintiff representatives, at their own expense, cause written notice of class certification, in substantially the form of notice attached as Exhibit A to the Declaration , and, 2. Defendants, within twenty days of the date of receipt of an order from this Court, endeavor to furnish plaintiff representatives with a list consisting of the names and, to the extent recorded therein, the addresses that are associated by the N.Y.P.D.'s computerized On-line Booking System ("OLBS") with each arrest that OLBS identifies as falling within one of the following sets of criteria, excluding, however, any arrest for which arrest records are sealed pur. to N.Y.S. Crim. Procedure Law Sec. 160.50: (a) all non-felony arrests (of a non-juvenile nature) in Manhattan during the period of 7/8/96 to 6/13/97 that OLBS reveals have a lodging code corresponding to pre-arraignment detention areas at 100 Center St. and Dept. of Correction staffed during the period in questons, (b) all non-felony arrests (of a non-juvenile nature) in Queens during the period 7/1/96 to 6/13/97 that OLBS reveals received a code indicative that the arrest was processed as an "on-line" arrest; 3. Plaintiff representatives, at their own expense, cause to be published once in three N.Y.C. daily newspapers a notice in substantially the form set forth as Exhibit B to the Declaration; 4. Class members may exclude themselves from the class by filing with the clerk an exclusion form as included in Exhibit A to the Declaration, or some other appropriate written indication that they request exclusion from the class, provided such form or written indication is postmarked within the time period determined by the Court and set forth in the class notice; 5. Plaintiff representatives, at their own expense, arrange for a post office box to receive inquiries and to receive and tabulate requests for exclusion; 6. Class counsel file with the clerk, within fifteen days after the deadline for receipt of exclusion forms, an affidavit identifying the persons to whom notice has been mailed and who have not timely requested exclusion and a separate affidavit identifying persons who have timely requested exclusion ; Return date is not indicated. (Declaration of James Henly in opposition to plaintiff's motion regarding class notice attached) (bw) (Entered: 10/23/1998)
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Oct. 22, 1998
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Oct. 22, 1998
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26
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MEMORANDUM Of Law by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael Jacobson, Alonzo Davis, Jane/John Does in opposition to [20-1] motion for an order directing defendants to: 1. Provide plaintiffs with a comprehensive list, including addresses, of all persons arrested for misdemeanor or non-criminal offenses in New York and Queens Counties between July 1, 1996 (Queens County) or July 8, 1996 (New York County) and June 13, 1997; and 2. Serve notice of the pendency of this class action by first class mail upon all identified class members (plaintiffs' proposed class notice is attached as Ex. A to the Declaration of Matthew Brinckerhoff ("Brinck. Decl."), executed September 14, 1998); and 3. Publish notice of pendency of this case in New York Times, the New York Daily News, the New York Post, New York Newsday, The Village Voice and the Amsterdam News every other week for a period of six weeks. (bw) (Entered: 10/23/1998)
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Oct. 22, 1998
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Oct. 22, 1998
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26
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MEMORANDUM by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in support of [25-1] cross motion 1. Plaintiff representatives, at their own expense, cause written notice of class certification, in substantially the form of notice attached as Exhibit A to the Declaration, [25-2] cross motion 2. Defendants, within twenty days of the date of receipt of an order from this Court, endeavor to furnish plaintiff representatives with a list consisting of the names and, to the extent recorded therein, the addresses that are associated by the N.Y.P.D.'s computerized On-line Booking System ("OLBS") with each arrest that OLBS identifies as falling within one of the following sets of criteria, excluding, however, any arrest for which arrest records are sealed pur. to N.Y.S. Crim. Procedure Law Sec. 160.50: (a) all non-felony arrests (of a non-juvenile have a lodging code corresponding to pre-arraignment detention areas at 100 Center St. and Dept. of Correction staffed during the period in questons, (b) all non-felony arrests (of a non-juvenile nature) in Queens during the period 7/1/96 to 6/13/97 that OLBS reveals received a code indicative that the arrest was processed as an "on-line" arrest; 3. Plaintiff representatives, at their own expense, cause to be published once in three N.Y.C. daily newspapers a notice in substantially the form set forth as Exhibit B to the Declaration; 4. Class members may exclude themselves from the class by filing with the clerk an exclusion form as included in Exhibit A to the Declaration, or some other appropriate written indication that they request exclusion from the class, provided such form or written indication is postmarked within the time period determined by the Court and set forth in the class notice; 5. Plaintiff representatives, at their own expense, arrange for a post office box to receive inquiries and to receive and tabulate requests for exclusion; 6. Class counsel file with the clerk, within fifteen days after the deadline for receipt of exclusion forms, an affidavit identifying the persons to whom notice has been mailed and who have not timely requested exclusion and a separate affidavit identifying persons who have timely requested exclusion. (bw) (Entered: 10/23/1998)
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Oct. 22, 1998
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Oct. 22, 1998
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27
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REPLY MEMORANDUM by Danni Tyson in support of [20-1] motion for an order directing defendants to: 1. Provide plaintiffs with a comprehensive list, including addresses, of all persons arrested for misdemeanor or non-criminal offenses in New York and Queens Counties between July 1, 1996 (Queens County) or July 8, 1996 (New York County) and June 13, and 2. Serve notice of the pendency of this class action by first class mail upon all identified class members (plaintiffs' proposed class notice is attached as Ex. A to the Declaration of Matthew Brinckerhoff ("Brinck. Decl."), executed September 14, 1998); and 3. Publish notice of pendency of this case in the New York Times, the New York Daily News, the New York Post, New York Newsday, The Voice and the Amsterdam News every other week for a period of six weeks; and in opposition to [25-1] cross motion 1. Plaintiff representatives, at their own expense, cause written notice of class certification, in substantially the form of notice attached as Exhibit A to the Declaration; [25-2] cross motion 2. Defendants, within twenty days of the date of receipt of an order from this Court, endeavor to furnish plaintiff representatives with a list consisting of the names and, to the extent recorded therein, the addresses that are associated by the N.Y.P.D.'s computerized On-line Booking System ("OLBS") with each arrest that OLBS identifies as falling within one of the following sets of criteria, excluding, however, any arrest for which arrest records are sealed pur. to N.Y.S. Crim. Procedure Law Sec. 160.50: (a) all non-felony arrests (of a non-juvenile nature) in Manhattan during the period of 7/8/96 to 6/13/97 that OLBS reveals have a lodging code corresponding to pre-arraignment detention areas at 100 Center St. and Dept. of Correction staffed during the period in questons, (b) non-felony arrests (of a non-juvenile nature) in Queens during the period 7/1/96 to 6/13/97 that OLBS reveals received a code indicative that the arrest was processed as an "on-line" arrest; 3. Plaintiff representatives, at their own expense, cause to be published once in three N.Y.C. daily newspapers a notice in substantially the form set forth as Exhibit B to the Declaration; 4. Class members may exclude themselves from the class by filing with the clerk an exclusion form as included they request exclusion from the class, provided such form or written indication is postmarked within the time period determined by the Court and set forth in the class notice; 5. Plaintiff representatives, at their own expense, arrange for a post office box to receive inquiries and to receive and tabulate requests for exclusion; 6. Class counsel file with the clerk, within fifteen days after the deadline for receipt of exclusion forms, an affidavit identifying the persons to whom notice has been mailed and who have not timely requested exclusion and a separate affidavit identifying persons who have timely requested exclusion (ls) (Entered: 10/30/1998)
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Oct. 29, 1998
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Oct. 29, 1998
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28
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NOTICE OF MOTION by the pltff class; for partial summary judgment of liability agianst the City of N.Y. ; Declaration attached; return date not indicated (ls) (Entered: 11/03/1998)
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Oct. 30, 1998
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Oct. 30, 1998
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29
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MEMORANDUM by pltff class in support of [28-1] motion for partial summary judgment of liability agianst the City of N.Y. (ls) (Entered: 11/03/1998)
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Oct. 30, 1998
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Oct. 30, 1998
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30
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MEMORANDUM by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in opposition to [28-1] motion for partial summary judgment of liability agianst the City of N.Y. (ls) (Entered: 11/03/1998)
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Oct. 30, 1998
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Oct. 30, 1998
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31
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DECLARATION of Larry E. Dubois by defts Re: personal knowledge (ls) Modified on 11/03/1998 (Entered: 11/03/1998)
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Oct. 30, 1998
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Oct. 30, 1998
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32
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AFFIDAVIT of Jeffrey Mishula by defts Re: personal knowledge (ls) (Entered: 11/03/1998)
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Oct. 30, 1998
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Oct. 30, 1998
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33
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DECLARATION of Norma Kerlin by defts' in opposition to pltffs' motion for summary jdgmt. (ls) (Entered: 11/03/1998)
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Oct. 30, 1998
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Oct. 30, 1998
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34
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AFFIDAVIT of Edward Reilly by defts Re: personal knowledge (ls) (Entered: 11/03/1998)
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Oct. 30, 1998
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Oct. 30, 1998
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35
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Defts' Rule 56.1 statement filed (ls) (Entered: 11/03/1998)
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Oct. 30, 1998
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Oct. 30, 1998
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36
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REPLY MEMORANDUM by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does re: [25-1] cross motion 1. Plaintiff representatives, at their own expense, cause written notice of class certification, in substantially the form of notice attached as Exhibit A to the Declaration (cd) (Entered: 11/06/1998)
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Nov. 5, 1998
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Nov. 5, 1998
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37
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REPLY MEMORANDUM OF LAW by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise in support of re: [28-1] motion for partial summary judgment of liability agianst the City of N.Y. (filed in the night deposit on 11/5/98 at 9:11 p.m.) (ae) (Entered: 11/06/1998)
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Nov. 5, 1998
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Nov. 5, 1998
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38
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Reply Declaration of Matthew D. Brinckerhoff by Danni Tyson, Iris Zimmerman, Daniel T. Jackson, Carlos Morales, Vivian Williams, Janet Wolfman, Mayra Sorondo, Lina Ortiz, Eric Robertson, Ginda Mortise in support of [28-1] motion for partial summary judgment of liability agianst the City of N.Y. (filed in the night deposit on 11/5/98 at 9:11 p.m.) (ae) (Entered: 11/06/1998)
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Nov. 5, 1998
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Nov. 5, 1998
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40
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STIPULATION AND ORDER; pltff Ginda Mortise consents to dismissal of her action purs. to FRCP 41(a)(1), without prejudice to her status as a class member ( signed by Judge John S. Martin ). (sac) (Entered: 01/11/1999)
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Jan. 8, 1999
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Jan. 8, 1999
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41
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STIPULATION and ORDER, that class representative plaintiff Janet Wolfman consents to dismissal of her action pursuant to FRCP 41(a)(1) without prejudice to her status as a class member (signed by Judge John S. Martin). (ri) (Entered: 01/20/1999)
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Jan. 20, 1999
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Jan. 20, 1999
|
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Case closed (ri) (Entered: 01/21/1999)
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Jan. 20, 1999
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Jan. 20, 1999
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42
|
STIPULATION and ORDER regarding the procedures that will govern the handling of confidential material during the course of this action ( signed by Judge John S. Martin ). (djc) (Entered: 01/21/1999)
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Jan. 20, 1999
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Jan. 20, 1999
|
|
Case reopened. Case Closed in Error. (dcap) (Entered: 11/17/1999)
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Jan. 20, 1999
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Jan. 20, 1999
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43
|
STIPULATION AND PROTECTIVE ORDER(II); regarding procedures that will govern the handling of "Confidential Information" ( signed by Judge John S. Martin ). (sac) (Entered: 02/18/1999)
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Feb. 18, 1999
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Feb. 18, 1999
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44
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ORDER; that the N.Y.C. Police Department and the NYC Department of Correction shall unseal records previously sealed pursuant to New York Criminal Procedure Law section 160.50 to the extent necessary to permit notice pursuant to Fed. R. Civ. P. 23 (c)(2) to be mailed to all persons arrested for misdemeanors or non-criminal offenses in New York and Queens Counties during the period from 7/1/96 through 6/13/97, who were thereafter taken to Central Booking for arraignment, and whose records were sealed pursuant to CPL section 160.50; only limited information regarding such arrestees contained in the Police Department's On Line Booking System ("OLBS"); the On Line Prisoner Arraignment ("OLPA") system and/or the Correction Dept's "Inmate Information System" shall be unsealed, and the information shall be unsealed solely for the purpose of enabling defendants to identify Tyson class members who must be sent mailed notice pursuant to Fed.R.Civ.P.23(c)(2). The information to be unsealed shall be limited to the arrestee's full name; address; NYSID number; gender; date of birth, all criminal charges; date of arrest; lodging code; date and time of arraignment; final disposition code; and, if appropriate, date and time of admission to a Department of Correction facility. ; the Clerk ofthe Court shall issue this Order to counsel for the parties as set forth on the list appended hereto pursuant to Rule 77.1 of the Local Civil Rules of this Court and that such issuance of the Order shall constitute service on the parties represented by said counsel. ( signed by Judge John S. Martin ); mailed copies of this order on 4/8/99. (pl) (Entered: 04/08/1999)
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April 7, 1999
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April 7, 1999
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45
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NOTICE OF MOTION for leave to file an amended complaint purs to FRCP 15(a) and 21 ; Return date 7/30/99 w. Declaration of Matthew D. Brinckerhoff in support (djc) (Entered: 07/16/1999)
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July 14, 1999
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July 14, 1999
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46
|
Filed Memo-Endorsement on letter addressed to Judge Martin from Matthew D. Brinckerhoff, dated 7/16/99; granting pltffs' request for leave to file a memorandum of law in support of their motion to amend. ( signed by Judge John S. Martin ); Copies mailed. (sac) (Entered: 07/20/1999)
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July 19, 1999
|
July 19, 1999
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47
|
MEMORANDUM by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in opposition to pltffs' motion to amend the first amended complt. (ls) (Entered: 07/27/1999)
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July 26, 1999
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July 26, 1999
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48
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DECLARATION of Norma Kerlin by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in opposition Re: pltffs' motion to amend their first amended complt. (ls) (Entered: 07/27/1999)
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July 26, 1999
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July 26, 1999
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49
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STIPULATION; that pltffs' [45-1] motion to amend currently returnable on 7/30/99 is adjourned to 8/6/99 ; pltffs' reply papers in further support of their [45-1] motion to amend the complaint shall be served and filed with courtesy copies to Chambers on or before 8/6/99 ( signed by Judge John S. Martin ). (jp) (Entered: 07/30/1999)
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July 29, 1999
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July 29, 1999
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50
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REPLY MEMORANDUM by pltffs' re: in support of [45-1] motion for leave to file an amended complaint purs to FRCP 15(a) and 21 (ls) (Entered: 08/09/1999)
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Aug. 6, 1999
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Aug. 6, 1999
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51
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Amennded ORDER Unsealing Records; the NYC Police Dept and the NYC Dept. of Correction shall unseal records previously sealed purs to New York Criminal Procedure Law section 160.50 to the extent necessary to permit notice purs to FRCP 23(c)(2) to be mailed to all persons arrested for misdemeanors or non-criminal offenses in New York and Queens Counties during the period from July 1, 1996 through June 13, 1997, who were thereafter taken to Central Booking for arraignment and whose records were sealed purs to CPL section 160.50; Only limited information regarding such arrestees contained in the Police Dept's On Line Billng System; the On Line Prisoner Arraignment system and/or the Correction Department's Inmate Information System" shall be unsealed, and the information shall be unsealed ; ( signed by Judge John S. Martin ); Copies mailed. (copy of docmt forwarded to Anne Ford) (djc) Modified on 11/21/2000 (Entered: 11/20/2000)
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Nov. 17, 2000
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Nov. 17, 2000
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52
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STIPULATION and ORDER, that the names Janet Wolfman and Ginda Mortise shall be removed from the caption of this action ( signed by Judge John S. Martin ) (cd) (Entered: 11/29/2000)
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Nov. 29, 2000
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Nov. 29, 2000
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53
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ORDER Appointing Class Action Administrator; KPMG, LLP is appointed class action administrator for the class certified on 04/08/98. The Clerk of the Court shall issue this Order to Counsel for the parties as set forth on the list appended hereby purs to Rule 77.1 of the Local Civil Rules of this Court and that such issuance of the Order shall constitute service on the parties represented by said counsel . ( signed by Judge John S. Martin ); Copies mailed. (djc) (Entered: 12/04/2000)
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Nov. 30, 2000
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Nov. 30, 2000
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54
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ORDER WITH RESPECT TO PROPOSED STIPULATION OF SETTLEMENT, regarding the Stipulation of Settlement, filed simultaneously herewith by the parties. ( signed by Judge John S. Martin ); Copies mailed. (ae) (Entered: 01/09/2001)
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Jan. 9, 2001
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Jan. 9, 2001
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56
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NOTICE of Class Action and Proposed Class Settlement (cd) (Entered: 01/29/2001)
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Jan. 26, 2001
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Jan. 26, 2001
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57
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fld Request (Edward Brendel) to be excluded from class action (cd) (Entered: 01/31/2001)
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Jan. 30, 2001
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Jan. 30, 2001
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58
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fld Request to be Excluded from Class Action, by Angel Perez (cd) (Entered: 02/02/2001)
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Feb. 1, 2001
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Feb. 1, 2001
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59
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fld Request to be Excluded from Class Action, by Gabriel Concepcion (cd) (Entered: 02/02/2001)
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Feb. 1, 2001
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Feb. 1, 2001
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60
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fld Request to be Excluded from Class Action, by Jose Nieves (cd) (Entered: 02/02/2001)
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Feb. 1, 2001
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Feb. 1, 2001
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61
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fld Request to be Excluded from Class Action, by Charles Angus (cd) (Entered: 02/02/2001)
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Feb. 1, 2001
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Feb. 1, 2001
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62
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fld Request to be Excluded from Class Action, by Carlos Walls (cd) (Entered: 02/02/2001)
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Feb. 1, 2001
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Feb. 1, 2001
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63
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fld Request to be Excluded from Class Action, by Rodolfo Tineo (cd) (Entered: 02/02/2001)
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Feb. 1, 2001
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Feb. 1, 2001
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64
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fld Request to be Excluded from Class Action, by Jospeph Gragnaniello (cd) (Entered: 02/02/2001)
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Feb. 1, 2001
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Feb. 1, 2001
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65
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fld Request to be Excluded from Class Action, by Charles Dankert (cd) (Entered: 02/02/2001)
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Feb. 1, 2001
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Feb. 1, 2001
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66
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fld Request to be Ecluded from Class Action, by Thomas Horgan (cd) (Entered: 02/02/2001)
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Feb. 1, 2001
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Feb. 1, 2001
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67
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Letter filed addressed to Judge Martin from Deborah Shabtai, dated 2/1/01, re: strip search/settlement. (cd) (Entered: 02/07/2001)
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Feb. 7, 2001
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Feb. 7, 2001
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68
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Request to be excluded from class action by Matthew Jablonski. (kw) (Entered: 02/08/2001)
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Feb. 7, 2001
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Feb. 7, 2001
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69
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Requet to be excluded from Class Action if you do not want to Participate filed by Tarsem Singh. (lam) (Entered: 02/13/2001)
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Feb. 8, 2001
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Feb. 8, 2001
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70
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Request to be excluded from class action filed by Ahamir De Oliveira. (jp) (Entered: 02/16/2001)
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Feb. 15, 2001
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Feb. 15, 2001
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71
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Request to be excluded from the class action filed by John W. Oliver. (jp) (Entered: 02/16/2001)
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Feb. 15, 2001
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Feb. 15, 2001
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72
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Request to be excluded from class action filed by Tiffany N. Griffin. (jp) (Entered: 02/16/2001)
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Feb. 15, 2001
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Feb. 15, 2001
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Terminated document 45-1 pursuant to instructions of Judge Martin. (rag) (Entered: 02/27/2001) Brinckerhoff, & Abady PC (TAX ID 134039305) the sum of $300,000 for interim attnys. fees accrued by counsel for pltffs for the period from 4/14/97 through 12/31/00; pltfffs accept the payment of $300,000, w/o prejudice to their position that they are entitled to more than the sum of $300,000 for the time period from 4/13/97 through 12/31/00; defts reserve their right to oppose payment of any sum in excess of $300,000 for the time period from 4/13/97 through 12/31/00; pltffs shall execute and deliver to defts' attny. all documents necessary to effect this settlement, including, w/o limitation, a release based upon the terms of paragraphs "1" through "3" of this Stipulation and Order ; ( signed by Judge John S. Martin ) (lf) (Entered: 02/28/2001)
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Feb. 27, 2001
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Feb. 27, 2001
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75
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Request by Nathaniel West to be excluded from this class action. (sac) (Entered: 03/02/2001)
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Feb. 28, 2001
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Feb. 28, 2001
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74
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Request to be excluded from class action by Johnny Gresham. (pl) (Entered: 03/01/2001)
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March 1, 2001
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March 1, 2001
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76
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Request to be excluded from Class Action participation by Joanne Feng. (pl) (Entered: 03/15/2001)
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March 14, 2001
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March 14, 2001
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77
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Memo-Endorsement on letter addressed to Judge Martin from Richard D. Emery, dated 3/14/01; granting plaintiff class requests for an extension until Tuesday, 3/20/01 to serve and file our Memorandum of Law in Support of Settlement and accompanying affirmations, affidavits and exhibits . ( signed by Judge John S. Martin ); Copies mailed. (pl) (Entered: 03/15/2001)
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March 15, 2001
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March 15, 2001
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78
|
REQUEST TO BE EXCLUDED FROM CLASS ACTION by Jose Ilarraza Jr. (pl) (Entered: 03/16/2001)
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March 15, 2001
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March 15, 2001
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111
|
Request to be excluded from Class Action by Thayron Irizarry. (lam) (Entered: 04/20/2001)
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March 16, 2001
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March 16, 2001
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79
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Request by Raymond W. Cline to be excluced from class action (djc) (Entered: 03/21/2001)
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March 19, 2001
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March 19, 2001
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80
|
MEMORANDUM OF LAW by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in support of Settlement. (pl) (Entered: 03/21/2001)
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March 20, 2001
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March 20, 2001
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81
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AFFIDAVIT of Rachel Yehuda by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in support of Stipulation of Settlement. (pl) (Entered: 03/21/2001)
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March 20, 2001
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March 20, 2001
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82
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DECLARATION of Norma Kerlin by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in support Re: approved Stipulation of Settlement. (pl) (Entered: 03/21/2001)
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March 20, 2001
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March 20, 2001
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83
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MEMORANDUM OF LAW by The City of New York, Rudolph W. Giuliani, NYC Police Dept., Howard Safir, NYC Dept. of Correct, Michael P. Jacobson, Alonzo Davis, Jane/John Does in support of Stipulation of Settlement. (pl) (Entered: 03/21/2001)
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March 20, 2001
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March 20, 2001
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84
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MEMORANDUM OF LAW by Danni Tyson in support of Final Approval of ClassAction Settlement. (pl) (Entered: 03/23/2001)
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March 21, 2001
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March 21, 2001
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85
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DECLARATION of Matthew D. Brinckerhoff by Danni Tyson in support of Re: approval by the Court of the Terms of the Stipulation of Settlement pursuant to F.R.C.P. Rule 23(e). (pl) (Entered: 03/23/2001)
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March 21, 2001
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March 21, 2001
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86
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AFFIDAVIT of Philip Daddona Re: in connection with a hearing scheduled by this Corut for June 13, 2001 (djc) (Entered: 03/26/2001)
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March 22, 2001
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March 22, 2001
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87
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NOTICE of Class Action and Proposed Class Settlement. (pl) (Entered: 03/28/2001)
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March 26, 2001
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March 26, 2001
|
88
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Fld Request to be excluded from class action, for Heron Dennis (cd) (Entered: 03/29/2001)
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March 28, 2001
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March 28, 2001
|
89
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Fld Request to be excluded from class action, by Jodi J. Dews (cd) (Entered: 03/29/2001)
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March 28, 2001
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March 28, 2001
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