1
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COMPLAINT against City Of New York. (Filing Fee $ 400.00, Receipt Number 0208-11817861)Document filed by Victor M. Encarnacion, The Bronx Defenders.(Kovel, Mariana) (Entered: 01/08/2016)
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Jan. 8, 2016
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Jan. 8, 2016
RECAP
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2
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REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint. Document filed by Victor M. Encarnacion, The Bronx Defenders. (Kovel, Mariana) (Entered: 01/08/2016)
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Jan. 8, 2016
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Jan. 8, 2016
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3
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CIVIL COVER SHEET filed. (Kovel, Mariana) (Entered: 01/08/2016)
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Jan. 8, 2016
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Jan. 8, 2016
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4
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Bronx Defenders.(Kovel, Mariana) (Entered: 01/08/2016)
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Jan. 8, 2016
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Jan. 8, 2016
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mariana Louise Kovel. The party information for the following party/parties has been modified: Victor M. Encarnacion. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pc)
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Jan. 11, 2016
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Jan. 11, 2016
PACER
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pc)
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Jan. 11, 2016
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Jan. 11, 2016
PACER
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Magistrate Judge James C. Francis IV is so designated. (pc)
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Jan. 11, 2016
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Jan. 11, 2016
PACER
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Case Designated ECF. (pc)
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Jan. 11, 2016
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Jan. 11, 2016
PACER
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5
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ELECTRONIC SUMMONS ISSUED as to City Of New York. (pc) (Entered: 01/11/2016)
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Jan. 11, 2016
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Jan. 11, 2016
RECAP
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6
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NOTICE OF APPEARANCE by Adam Nicholas Shoop on behalf of Victor Encarnacion, The Bronx Defenders. (Shoop, Adam) (Entered: 01/11/2016)
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Jan. 11, 2016
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Jan. 11, 2016
RECAP
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7
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NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice): Initial Conference set for 3/11/2016 at 11:00 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. -Please follow the procedures set forth in the Notice. (Signed by Judge Denise L. Cote on 1/13/2016) (gr) (Entered: 01/13/2016)
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Jan. 13, 2016
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Jan. 13, 2016
RECAP
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8
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AFFIDAVIT OF SERVICE. City Of New York served on 1/13/2016, answer due 2/3/2016. Service was accepted by B. YEE AUTHORIZED AGENT. Document filed by Victor Encarnacion; The Bronx Defenders. (Shoop, Adam) (Entered: 01/22/2016)
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Jan. 22, 2016
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Jan. 22, 2016
PACER
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9
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NOTICE OF APPEARANCE by Aviva Yocheved Horowitz on behalf of City Of New York. (Horowitz, Aviva) (Entered: 01/27/2016)
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Jan. 27, 2016
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Jan. 27, 2016
RECAP
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10
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NOTICE OF APPEARANCE by Johanna Beth Steinberg on behalf of Victor Encarnacion, The Bronx Defenders. (Steinberg, Johanna) (Entered: 01/27/2016)
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Jan. 27, 2016
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Jan. 27, 2016
RECAP
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11
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FIRST LETTER MOTION for Extension of Time addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated February 1, 2016. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 02/01/2016)
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Feb. 1, 2016
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Feb. 1, 2016
PACER
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12
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ENDORSED letter addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated February 1, 2016 re: City of New York's Letter request for extension of Time to answer from 2/3/016 to 3/11/2016. ENDORSEMENT: The extension is granted to 3/10/16. (Signed by Judge Denise L. Cote on 2/2/2016) (gr) (Entered: 02/02/2016)
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Feb. 2, 2016
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Feb. 2, 2016
PACER
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13
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LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated February 19, 2016. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 02/19/2016)
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Feb. 19, 2016
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Feb. 19, 2016
RECAP
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14
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ENDORSED LETTER addressed to Judge Cote from Aviva Y. Horowitz dated February 19, 2016 requesting the adjournment of the February 26, 2016 Conference with consent of Plaintiff. ENDORSEMENT: The conference is adjourned to March 18 at 11:30 a.m. (Signed by Judge Denise L. Cote on 2/19/2016) (gr) (Entered: 02/19/2016)
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Feb. 19, 2016
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Feb. 19, 2016
PACER
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15
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ANSWER to 1 Complaint. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 03/10/2016)
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March 10, 2016
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March 10, 2016
RECAP
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16
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NOTICE OF APPEARANCE by Eric Brenner on behalf of The Bronx Defenders. (Brenner, Eric) (Entered: 03/14/2016)
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March 14, 2016
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March 14, 2016
PACER
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17
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NOTICE OF CHANGE OF ADDRESS by Johanna Beth Steinberg on behalf of All Plaintiffs. New Address: The Bronx Defenders, 360 East 161st Street, Bronx, New York, United States 10451, 718.508.3447. (Steinberg, Johanna) (Entered: 03/17/2016)
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March 17, 2016
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March 17, 2016
PACER
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18
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NOTICE OF APPEARANCE by Aviva Yocheved Horowitz on behalf of City Of New York. (Horowitz, Aviva) (Entered: 03/17/2016)
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March 17, 2016
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March 17, 2016
PACER
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19
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COURT EXHIBIT 1 (Property Clerk Division Acknowledgement of Demand Form) marked on March 18, 2016 during the initial conference proceeding. (gr) (Entered: 03/18/2016)
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March 18, 2016
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March 18, 2016
PACER
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Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 3/18/2016. (Court Reporter Sonya Huggins) (gr)
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March 18, 2016
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March 18, 2016
PACER
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20
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PRETRIAL SCHEDULING ORDER: As set forth at the pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on March 18, 2016, the following schedule shall govern the further conduct of pretrial proceedings in this case: 1) The parties shall submit a status letter to the Court by April 21, 2016. 2)The following motion will be served by the dates indicated below. Defendants motion to dismiss: Motion served by May 13, 2016; Opposition served by June 3, 2016; Reply served by June 10, 2016.... (Signed by Judge Denise L. Cote on 3/21/2016) (gr) (Entered: 03/21/2016)
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March 21, 2016
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March 21, 2016
RECAP
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21
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TRANSCRIPT of Proceedings re: CONFERENCE held on 3/18/2016 before Judge Denise L. Cote. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2016. Redacted Transcript Deadline set for 5/2/2016. Release of Transcript Restriction set for 6/30/2016.(McGuirk, Kelly) (Entered: 03/29/2016)
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March 29, 2016
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March 29, 2016
PACER
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22
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/18/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/29/2016)
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March 29, 2016
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March 29, 2016
RECAP
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23
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STATUS REPORT. AND REQUEST FOR EXTENSION OF TIME Document filed by City Of New York.(Horowitz, Aviva) (Entered: 04/21/2016)
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April 21, 2016
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April 21, 2016
PACER
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24
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ENDORSED LETTER addressed to Judge Denise L. Cote from Aviva Horowitz dated 4/21/16 re STATUS REPORT AND REQUEST FOR EXTENSION OF TIME to submit a status letter by May 12, 2016 and to amend the briefing schedule for motion to dismiss. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/21/2016) (gr) (Entered: 04/21/2016)
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April 21, 2016
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April 21, 2016
PACER
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25
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STATUS REPORT. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 05/12/2016)
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May 12, 2016
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May 12, 2016
PACER
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26
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ENDORSED LETTER addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated 5/12/2016 re: defendant is prepared to proceed with the motion to dismiss the action with the briefing schedule set forth in the April 21, 2016 status letter approved by the Court.... ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 5/13/2016) (gr) (Entered: 05/13/2016)
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May 13, 2016
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May 13, 2016
PACER
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27
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis. (Signed by Judge Denise L. Cote on 5/13/2016) (gr) (Entered: 05/17/2016)
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May 17, 2016
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May 17, 2016
PACER
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28
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ORDER: On May 12, 2016, the defendant submitted a status report in the above-captioned matter. Accordingly, it is hereby ORDERED that, by Tuesday, May 17 at 5:00 p.m., the parties shall contact the chambers of Magistrate Judge Francis to schedule settlement discussions under his supervision. Those settlement discussions are to take place in June. (Signed by Judge Denise L. Cote on 5/13/2016) (gr) (Entered: 05/17/2016)
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May 17, 2016
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May 17, 2016
PACER
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29
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LETTER addressed to Judge Denise L. Cote from Eric Brenner dated May 25, 2016 re: Amended Complaint. Document filed by The Bronx Defenders.(Brenner, Eric) (Entered: 05/25/2016)
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May 25, 2016
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May 25, 2016
PACER
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30
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LETTER addressed to Judge Denise L. Cote from Eric Brenner dated June 2, 2016 re: Amended Complaint. Document filed by The Bronx Defenders.(Brenner, Eric) (Entered: 06/02/2016)
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June 2, 2016
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June 2, 2016
PACER
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31
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FIRST AMENDED COMPLAINT amending 1 Complaint against City Of New York with JURY DEMAND.Document filed by Victor Encarnacion, The Bronx Defenders, Kenneth Clavasquin, Kaleb Hagos. Related document: 1 Complaint filed by The Bronx Defenders, Victor Encarnacion.(Brenner, Eric) (Entered: 06/03/2016)
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June 3, 2016
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June 3, 2016
RECAP
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32
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MOTION to Certify Class . Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders.(Brenner, Eric) (Entered: 06/08/2016)
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June 8, 2016
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June 8, 2016
PACER
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33
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MEMORANDUM OF LAW in Support re: 32 MOTION to Certify Class . . Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/08/2016)
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June 8, 2016
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June 8, 2016
RECAP
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34
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DECLARATION of Eric Brenner in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/08/2016)
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June 8, 2016
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June 8, 2016
PACER
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35
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FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 41 Declaration) - DECLARATION of Mariana Kovel in Support re: 32 MOTION to Certify Class . Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) Modified on 6/8/2016 (db). (Entered: 06/08/2016)
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June 8, 2016
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June 8, 2016
PACER
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36
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DECLARATION of Michael Pope in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Attachments: # 1 Exhibit Vargas Article 78 Notice of Petition)(Brenner, Eric) (Entered: 06/08/2016)
1 Exhibit Vargas Article 78 Notice of Petition
View on RECAP
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June 8, 2016
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June 8, 2016
RECAP
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37
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DECLARATION of Lisa Schreibersdorf in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/08/2016)
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June 8, 2016
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June 8, 2016
RECAP
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38
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DECLARATION of Adam Shoop in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Attachments: # 1 Exhibit NYPD Property Clerk Division 2013 Accounting Summary, # 2 Exhibit Police Department City of New York Revenue Generated for July 1, 2012 to June 30, 2013, # 3 Exhibit Report on the Fiscal 2017 Preliminary Budget and the Fiscal 2016 Preliminary Mayors Management Report New York Police Department)(Brenner, Eric) (Entered: 06/08/2016)
1 Exhibit NYPD Property Clerk Division 2013 Accounting Summary
View on PACER
2 Exhibit Police Department City of New York Revenue Generated for July 1, 2012 to
View on PACER
3 Exhibit Report on the Fiscal 2017 Preliminary Budget and the Fiscal 2016 Prelimi
View on PACER
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June 8, 2016
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June 8, 2016
RECAP
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39
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DECLARATION of Alexandra Rockoff in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/08/2016)
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June 8, 2016
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June 8, 2016
RECAP
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40
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DECLARATION of Steven Wasserman in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/08/2016)
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June 8, 2016
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June 8, 2016
RECAP
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41
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DECLARATION of Mariana Kovel in Support re: 32 MOTION to Certify Class .. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/08/2016)
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June 8, 2016
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June 8, 2016
RECAP
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42
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LETTER MOTION to Adjourn Conference and Extend Time to Submit Pre-Mediation Memo addressed to Magistrate Judge James C. Francis IV from Aviva Y. Horowitz dated June 9, 2016. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 06/09/2016)
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June 9, 2016
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June 9, 2016
RECAP
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43
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NOTICE OF APPEARANCE by Mariana Louise Kovel on behalf of Kenneth Clavasquin, Kaleb Hagos. (Kovel, Mariana) (Entered: 06/09/2016)
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June 9, 2016
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June 9, 2016
PACER
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44
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NOTICE OF APPEARANCE by Adam Nicholas Shoop on behalf of Kenneth Clavasquin, Kaleb Hagos. (Shoop, Adam) (Entered: 06/09/2016)
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June 9, 2016
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June 9, 2016
PACER
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45
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SCHEDULING ORDER: On June 8, 2016, the plaintiffs filed a motion for class certification under Rule 23, Fed. R. Civ. P. Accordingly, it is hereby ORDERED that that defendants opposition is due on Friday, July 8. The plaintiffs reply, if any, is due by Friday, July 22.... (Signed by Judge Denise L. Cote on 6/9/2016) (gr) (Entered: 06/09/2016)
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June 9, 2016
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June 9, 2016
PACER
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46
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LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James C. Francis IV from Eric Brenner dated June 10, 2016 re: 42 LETTER MOTION to Adjourn Conference and Extend Time to Submit Pre-Mediation Memo addressed to Magistrate Judge James C. Francis IV from Aviva Y. Horowitz dated June 9, 2016. . Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Brenner, Eric) (Entered: 06/10/2016)
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June 10, 2016
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June 10, 2016
PACER
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47
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NOTICE OF APPEARANCE by Johanna Beth Steinberg on behalf of Kenneth Clavasquin, Kaleb Hagos. (Steinberg, Johanna) (Entered: 06/13/2016)
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June 13, 2016
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June 13, 2016
PACER
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48
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ORDER denying 42 Letter Motion to Adjourn Conference. The amendments to the complaint do not appear to materially affect any potential settlement. Moreover, delaying settlement discussions could disrupt the schedule for moving for class certification. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 06/14/2016)
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June 14, 2016
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June 14, 2016
PACER
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49
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FIRST LETTER MOTION for Extension of Time to File Answer to Amended Complaint addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated June 16, 2016. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 06/16/2016)
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June 16, 2016
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June 16, 2016
PACER
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50
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MEMO ENDORSEMENT granting 49 Letter Motion for Extension of Time for City Of New York to answer until 7/8/2016 addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated June 16, 2016. (Signed by Judge Denise L. Cote on 6/16/2016) (gr) (Entered: 06/16/2016)
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June 16, 2016
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June 16, 2016
PACER
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51
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SECOND LETTER MOTION for Extension of Time to File Answer to Amended Complaint and for Extension of Time to Respond to the Plaintiffs' Motion for Class Certification addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated June 20, 2016. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 06/20/2016)
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June 20, 2016
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June 20, 2016
PACER
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52
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MEMO ENDORSEMENT granting 51 Letter Motion for Extension of Time for City Of New York to answer the Amended Complaint by 7/29/2016 and an extension of time to respond to the Plaintiffs' Motion for Class Certification by 8/17/2016 addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated June 20, 2016. (Signed by Judge Denise L. Cote on 6/21/2016) (gr) (Entered: 06/21/2016)
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June 21, 2016
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June 21, 2016
PACER
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Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 7/6/2016. (Bacchus, Michael)
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July 6, 2016
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July 6, 2016
PACER
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53
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FIRST LETTER MOTION to Stay all proceedings in the instant matter addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated July 25, 2016. Document filed by City Of New York. (Attachments: # 1 Text of Proposed Order Stay)(Horowitz, Aviva) (Entered: 07/25/2016)
1 Text of Proposed Order Stay
View on PACER
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July 25, 2016
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July 25, 2016
PACER
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54
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STIPULATION......by and between counsel to the respective parties in the above-captioned actions, that all proceedings in this instant matter shall be stayed through February 28, 2017 while the parties work toward a possible settlement..... (Signed by Judge Denise L. Cote on 7/25/2016) (gr) (Entered: 07/25/2016)
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July 25, 2016
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July 25, 2016
PACER
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55
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ORDER: On June 8, 2016, the plaintiffs filed a motion for class certification under Rule 23, Fed. R. Civ. P. On July 25, the parties filed a stipulation agreeing to stay the above-captioned action for six months while the terms of an initial settlement are implemented. Accordingly, it is hereby ORDERED that the plaintiffs June 8, 2016 motion for class certification is denied without prejudice to renewal upon the expiration of the six-month stay. (Signed by Judge Denise L. Cote on 7/25/2016) (gr) (Entered: 07/25/2016)
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July 25, 2016
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July 25, 2016
RECAP
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56
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mariana Louise Kovel to Withdraw as Attorney for Plaintiffs in this matter. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Attachments: # 1 Affidavit of Mariana Kovel in support of Motion to Withdraw Appearance)(Kovel, Mariana) Modified on 8/9/2016 (db). (Entered: 07/28/2016)
1 Affidavit of Mariana Kovel in support of Motion to Withdraw Appearance
View on PACER
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July 28, 2016
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July 28, 2016
PACER
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57
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MEMO ENDORSEMENT granting 56 Motion to Withdraw as Attorney. Attorney Mariana Louise Kovel terminated. (Signed by Judge Denise L. Cote on 8/8/2016) (gr) (Entered: 08/08/2016)
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Aug. 8, 2016
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Aug. 8, 2016
PACER
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58
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STATUS REPORT. and Joint Requst for Mediation and Continuance of Stay Document filed by City Of New York.(Horowitz, Aviva) (Entered: 02/28/2017)
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Feb. 28, 2017
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Feb. 28, 2017
PACER
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59
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ORDER: On February 28, 2017, the defendant submitted a status report in the above-captioned matter. Accordingly, it is hereby ORDERED that the parties shall immediately contact the chambers of Magistrate Judge Francis to schedule settlement discussions under his supervision. Those settlement discussions are to take place in March. IT IS FURTHER ORDERED that the stay in the above-captioned matter will be continued through April 7, 2017. IT IS FURTHER ORDERED that the defendant shall submit a status report by April 7, 2017. (Signed by Judge Denise L. Cote on 2/28/2017) (gr) (Entered: 03/01/2017)
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March 1, 2017
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March 1, 2017
PACER
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60
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LETTER MOTION for Extension of Time For Mediation addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated March 14, 2017. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 03/15/2017)
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March 15, 2017
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March 15, 2017
PACER
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61
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MEMO ENDORSEMENT granting 60 Letter Motion for Extension of Time by which the parties are to schedule mediation with Magistrate Judge Francis. (Signed by Judge Denise L. Cote on 3/15/2017) (gr) (Entered: 03/15/2017)
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March 15, 2017
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March 15, 2017
PACER
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62
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NOTICE OF APPEARANCE by Niji Jain on behalf of Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Jain, Niji) (Entered: 03/29/2017)
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March 29, 2017
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March 29, 2017
PACER
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63
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STATUS REPORT. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 04/07/2017)
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April 7, 2017
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April 7, 2017
PACER
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64
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ENDORSED LETTER addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated 4/7/2017 re: parties jointly request that the stay of all papers, discovery and Court appearances be continued through 5/26/17. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/7/2017) (gr) (Entered: 04/07/2017)
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April 7, 2017
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April 7, 2017
PACER
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65
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STATUS REPORT. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 05/26/2017)
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May 26, 2017
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May 26, 2017
PACER
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66
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MEMO ENDORSEMENT: on re: 65 Status Report filed by City Of New York. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/30/2017) (ap) (Entered: 05/30/2017)
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May 30, 2017
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May 30, 2017
PACER
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Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 6/22/2017. (Bacchus, Michael)
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June 22, 2017
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June 22, 2017
PACER
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67
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ORDER: The complaint in this action was filed January 8, 2016. The plaintiffs filed an amended complaint on June 3 and moved to certify the class on June 8. On June 25, the action was stayed for six months pursuant to a joint request, and the motion for class certification was denied without prejudice to renewal upon expiration of the stay. The stay has since been extended three times while the parties have worked to agree to a settlement. It having been reported that a settlement has not been reached and the parties wish to proceed with litigation, it is hereby ORDERED that the stay is lifted. IT IS FURTHER ORDERED that counsel for all parties are directed to appear for a conference with the Court on June 27 at 10:30 a.m. in Courtroom 15B, 500 Pearl Street. IT IS FURTHER ORDERED that the defendant shall file an answer or any motion to dismiss by June 30, 2017. (Signed by Judge Denise L. Cote on 6/22/2017) (gr) (Entered: 06/22/2017)
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June 22, 2017
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June 22, 2017
PACER
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Set Hearing: Pretrial Conference set for 6/27/2017 at 10:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (gr)
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June 22, 2017
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June 22, 2017
PACER
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68
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PRETRIAL SCHEDULING ORDER: As set forth at the pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on June 27, 2017, the following schedule shall govern the further conduct of pretrial proceedings in this case.....A confidentiality agreement, or any dispute as to such an agreement, must be submitted to the Court by July 14. All fact discovery must be completed by November 17.....All discovery must be completed by January 19, 2017.....Any motion for summary judgment: -Motion served by February 9; Opposition served by March 2; Reply served by March 16....In the event no motion is filed, the Joint Pretrial Order must be filed by February 9.... (Signed by Judge Denise L. Cote on 6/27/2017) (gr) (Entered: 06/27/2017)
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June 27, 2017
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June 27, 2017
PACER
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69
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LETTER addressed to Judge Denise L. Cote from Niji Jain dated June 30, 2017 re: Pretrial Scheduling Order. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders.(Jain, Niji) (Entered: 06/30/2017)
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June 30, 2017
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June 30, 2017
PACER
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70
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ANSWER to 31 Amended Complaint,. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 06/30/2017)
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June 30, 2017
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June 30, 2017
PACER
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71
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ENDORSED LETTER addressed to Judge Denise L. Cote from Niji Jain dated June 30, 2017 re: The parties have conferred and jointly request that the schedule require a class certification motion to be served no later than the deadline for filing dispositive motions (2/9/18), with opposition due three week after the motion is served and reply due two weeks after the opposition. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 6/30/2017) (gr) (Entered: 06/30/2017)
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June 30, 2017
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June 30, 2017
PACER
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72
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LETTER MOTION for Discovery Protective Order addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated July 14, 2017. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 07/14/2017)
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July 14, 2017
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July 14, 2017
PACER
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73
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STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 7/17/2017) (gr) (Entered: 07/17/2017)
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July 17, 2017
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July 17, 2017
PACER
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Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 7/21/2017. (Bacchus, Michael)
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July 21, 2017
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July 21, 2017
PACER
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74
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TRANSCRIPT of Proceedings re: CONFERENCE held on 6/27/2017 before Judge Denise L. Cote. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/16/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/24/2017.(McGuirk, Kelly) (Entered: 07/26/2017)
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July 26, 2017
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July 26, 2017
PACER
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75
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/27/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/26/2017)
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July 26, 2017
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July 26, 2017
PACER
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Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 9/12/2017. (Bacchus, Michael)
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Sept. 12, 2017
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Sept. 12, 2017
PACER
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76
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NOTICE OF APPEARANCE by Diana Marsh Murray on behalf of City Of New York. (Murray, Diana) (Entered: 09/17/2017)
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Sept. 17, 2017
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Sept. 17, 2017
PACER
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Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 9/20/2017. (Hotelling, David)
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Sept. 20, 2017
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Sept. 20, 2017
PACER
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Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 10/19/2017. (Hotelling, David)
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Oct. 19, 2017
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Oct. 19, 2017
PACER
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Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 10/24/2017. (Hotelling, David)
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Oct. 24, 2017
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Oct. 24, 2017
PACER
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77
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LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Denise L. Cote from Niji Jain dated 11/13/2017. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders.(Jain, Niji) (Entered: 11/13/2017)
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Nov. 13, 2017
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Nov. 13, 2017
PACER
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78
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MEMO ENDORSED LETTER addressed to Judge Cote from Niji Jain dated 11/13/2017 re: Motion for Extension of Time to Complete Discovery. ENDORSEMENT: Denied. As explained on 6/27/17, the parties may extend interim dates on consent, but the 1/19/18 and subsequent dates are firm. (Signed by Judge Denise L. Cote on 11/13/2017) (gr) (Entered: 11/13/2017)
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Nov. 13, 2017
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Nov. 13, 2017
PACER
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79
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SETTLEMENT AGREEMENT . Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders.(Jain, Niji) (Entered: 02/09/2018)
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Feb. 9, 2018
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Feb. 9, 2018
RECAP
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80
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STIPULATION OF SETTLEMENT AND ORDER. (Signed by Judge Denise L. Cote on 2/12/2018) (Attachments: # 1 Exhibit A - Property Release Unit Standard Operating Procedure (January 28, 2018), #(2) Exhibit B - Patrol Guide Section 208-03, #(3) Exhibit C - General Administrative Information (SER# 28823965), #(4) Exhibit D - Revised Procedures For Claiming Property (November 30, 2017), #(5) Exhibit E - General Administrative Information (SER# 28823983)(gr) (Entered: 02/12/2018)
1 Exhibit
View on PACER
2 Exhibit
View on PACER
3 Exhibit
View on PACER
4 Exhibit
View on PACER
5 Exhibit
View on PACER
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Feb. 12, 2018
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Feb. 12, 2018
PACER
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81
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FIRST LETTER MOTION for Extension of Time to resolve attorney's fees addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated June 18, 2018. Document filed by City Of New York.(Horowitz, Aviva) (Entered: 06/18/2018)
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June 18, 2018
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June 18, 2018
PACER
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82
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ENDORSED LETTER addressed to Judge Denise L. Cote from Aviva Y. Horowitz dated June 18, 2018 RE: Extension of time to July 26, 2018 to permit the parties to resolve the matter of cost and attorneys' fees, or for counsel to submit a proposed briefing scheduling. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/20/2018) (gr) (Entered: 06/20/2018)
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June 20, 2018
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June 20, 2018
PACER
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83
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SECOND LETTER MOTION for Extension of Time to resolve costs and attorneys' fees addressed to Judge Denise L. Cote from Niji Jain dated July 25, 2018. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders.(Jain, Niji) (Entered: 07/25/2018)
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July 25, 2018
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July 25, 2018
PACER
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84
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ORDER granting 83 Letter Motion for Extension of Time to 8/16/2018 for counsel to resolve the matter of costs and attorneys' fees, or for counsel to submit a proposed briefing schedule if the matter is not resolved. (Signed by Judge Denise L. Cote on 7/26/2018) (gr) (Entered: 07/26/2018)
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July 26, 2018
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July 26, 2018
PACER
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85
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Settlement Agreement
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Aug. 15, 2018
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Aug. 15, 2018
PACER
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86
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PROPOSED STIPULATION AND ORDER. Document filed by Kenneth Clavasquin, Victor Encarnacion, Kaleb Hagos, The Bronx Defenders. (Jain, Niji) (Entered: 08/15/2018)
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Aug. 15, 2018
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Aug. 15, 2018
PACER
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87
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STIPULATION OF SETTLEMENT OF PLAINTIFFS' COSTS AND ATTORNEYS' FEES. (Signed by Judge Denise L. Cote on 8/15/2018) (gr) (Entered: 08/15/2018)
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Aug. 15, 2018
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Aug. 15, 2018
PACER
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