Case: Jeffery v. City of New York

1:20-cv-02843 | U.S. District Court for the Eastern District of New York

Filed Date: June 26, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 26, 2020, three private individuals filed this class action lawsuit against the City of New York, Mayor Bill de Blasio, Governor Andrew Cuomo, and fifty police officers of unknown identities. The complaint was filed in the United States District Court for the Eastern District of New York, with plaintiffs represented by private counsel. The case arose out of the curfews that were imposed on New York City residents amidst the protests that followed the police killing of George Floyd. The …

On June 26, 2020, three private individuals filed this class action lawsuit against the City of New York, Mayor Bill de Blasio, Governor Andrew Cuomo, and fifty police officers of unknown identities. The complaint was filed in the United States District Court for the Eastern District of New York, with plaintiffs represented by private counsel.

The case arose out of the curfews that were imposed on New York City residents amidst the protests that followed the police killing of George Floyd. The three plaintiffs were residents of New York City who were taken into custody for violating the curfew, although the complaint did not allege that they were arrested at any of the protests. Plaintiffs sued under 42 USC § 1983, alleging that the curfews were violations of the First, Fourth, Fifth, Eighth, and Fourteenth Amendments. Plaintiffs requested declaratory and money damages, including punitive damages, as well as costs and attorney's fees.

On November 23, 2020, the parties stipulated to the dismissal with prejudice of the claims against the governor. Each party bore its own costs.

On March 17, 2021, the defendants moved to dismiss for failure to state a claim. The court granted the dismissal on January 24, 2022. All claims were dismissed, with the exception of the selective enforcement and municipality liability claims. The court reasoned that the plaintiffs failed to allege personal involvement in the claims, that the curfew was lawful on its face, and that probable cause existed for taking the plaintiffs into custody.

On February 7, 2022, the plaintiffs moved for partial final judgment on the curfew’s validity. The defendants opposed the motion on February 25, 2022. On July 12, 2022, the court denied the plaintiffs’ motion. The court found that of the three requirements for directing a final judgment — (1) there are multiple claims or parties, (2) at least one claim or the rights and liabilities of at least one party has been finally de- termined, and (3) the court makes an express determination that there is no just reason for delay — the third condition had not been met. The plaintiffs had not demonstrated any unusual hardship or injustice if a partial final judgment was not entered.

On September 9, 2022, the parties proposed judgment and stipulated voluntary dismissal of the claims against the mayor and the city without costs to either party, so as to enable the plaintiffs to appeal the court’s earlier dismissal of the plaintiff’s claims from January 2022. On September 23, 3033, the court granted the stipulated dismissal with prejudice.

On October 20, 2022, the plaintiffs appealed to the United States Court of Appeals for the Second Circuit. They sought to reverse the district court’s decision to grant the defendants’ motion to dismiss for failure to state a claim.

As of December 2023, the case is ongoing.

Summary Authors

Jack Hibbard (8/5/2020)

Jerry Lan (4/30/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17298837/parties/jeffery-v-the-city-of-new-york/


Judge(s)
Attorney for Plaintiff

Cohen, Gerald M. (New York)

Fitch, Joshua Paul (New York)

Attorney for Defendant

Accarino, Gregory J.O. (New York)

Braun, Daniel Michael (New York)

Brocker, Peter William (New York)

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Documents in the Clearinghouse

Document

1:20-cv-02843

Docket [PACER]

July 16, 2020

July 16, 2020

Docket
1

1:20-cv-02843

Complaint

June 26, 2020

June 26, 2020

Complaint
18

1:20-cv-02843

Stipulation and Dismissal with Prejudice of Official Capacity Claims Against Governor Cuomo

Nov. 23, 2020

Nov. 23, 2020

Settlement Agreement
34

1:20-cv-02843

Memorandum and Order

Jan. 24, 2022

Jan. 24, 2022

Order/Opinion

2022 WL 2022

44

1:20-cv-02843

Memorandum and Order

July 12, 2022

July 12, 2022

Order/Opinion

2022 WL 2022

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17298837/jeffery-v-the-city-of-new-york/

Last updated March 16, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Andrew Cuomo, Bill De Blasio, P.O.s John Doe #1-50, The City of New York filing fee $ 400, receipt number ANYEDC-12984116 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Lamel Jeffery, Chayse Pena, Thaddeus Blake. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Fuchs, Ilyssa) (Entered: 06/26/2020)

1 Civil Cover Sheet

View on RECAP

2 Proposed Summons

View on PACER

June 26, 2020

June 26, 2020

Clearinghouse

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

June 26, 2020

June 26, 2020

PACER
2

Summons Issued as to Andrew Cuomo, Bill De Blasio, The City of New York. (Bowens, Priscilla) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
4

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER

Case Assigned/Reassigned

June 26, 2020

June 26, 2020

PACER
5

First MOTION for Extension of Time to File Answer by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER

ORDER granting 5 Consent Motion for Extension of Time to Answer All Defendants. Ordered by Magistrate Judge Robert M. Levy on 7/16/2020. (Levy, Robert)

July 16, 2020

July 16, 2020

PACER

Order on Motion for Extension of Time to Answer

July 16, 2020

July 16, 2020

PACER
6

SUMMONS Returned Executed by Lamel Jeffery, Chayse Pena, Thaddeus Blake. The City of New York served on 6/26/2020, answer due 10/15/2020. (Fuchs, Ilyssa) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
7

SUMMONS Returned Executed by Lamel Jeffery, Chayse Pena, Thaddeus Blake. Andrew Cuomo served on 7/15/2020, answer due 10/15/2020. (Fuchs, Ilyssa) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
8

SUMMONS Returned Executed by Lamel Jeffery, Chayse Pena, Thaddeus Blake. Bill De Blasio served on 7/16/2020, answer due 10/15/2020. (Fuchs, Ilyssa) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
9

Letter MOTION for Extension of Time to File Answer re 1 Complaint, and/or To Confirm Prior Order Setting Briefing Schedule by Andrew Cuomo. (Oloughlin, D.) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER

ORDER re: 9 Motion for Extension of Time to Answer The Governors time to answer has indeed already been extended to 10/15/20 by an order that applied to All Defendants, a term that most certainly included the Governor, who is a defendant. Ordered by Magistrate Judge Robert M. Levy on 8/4/2020. (Levy, Robert)

Aug. 4, 2020

Aug. 4, 2020

PACER

Order on Motion for Extension of Time to Answer

Aug. 4, 2020

Aug. 4, 2020

PACER
10

Letter MOTION to Withdraw as Attorney for Governor Cuomo by Andrew Cuomo. (Oloughlin, D.) (Main Document 10 identified as malformed and replaced on 9/1/2021) (Lee, Tiffeny). (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
11

NOTICE of Appearance by Nicole L. Gueron on behalf of Andrew Cuomo (aty to be noticed) (Gueron, Nicole) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER
12

NOTICE of Appearance by Emily Weissler on behalf of Andrew Cuomo (aty to be noticed) (Weissler, Emily) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

PACER

ORDER granting 10 Motion to Withdraw as Attorney. Attorney D. Stan Oloughlin terminated Ordered by Magistrate Judge Robert M. Levy on 10/5/2020. (Levy, Robert)

Oct. 5, 2020

Oct. 5, 2020

PACER

Order on Motion to Withdraw as Attorney

Oct. 5, 2020

Oct. 5, 2020

PACER
13

Letter MOTION for pre motion conference regarding Governor Cuomo's anticipated motion to dismiss by Andrew Cuomo. (Gueron, Nicole) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
14

Letter MOTION for pre motion conference by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER

ORDER: Applications 13 14 for Pre-Motion conference are GRANTED. The court will hold a single conference for all parties intending to file a motion in this case. The parties are DIRECTED to confer and contact the court's deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the conference. Time to respond to the Complaint is extended to 60 days after decision on Defendants' anticipated motions. Ordered by Judge Nicholas G. Garaufis on 10/16/2020. (Gurian, Nico)

Oct. 16, 2020

Oct. 16, 2020

PACER
15

Letter in reponse to defendants' respective pre-motion letters in anticipation of the pre-motion conference to be scheduled in this matter by Thaddeus Blake, Lamel Jeffery, Chayse Pena (Fitch, Joshua) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER

Order on Motion for Pre Motion Conference AND Order on Motion for Pre Motion Conference

Oct. 16, 2020

Oct. 16, 2020

PACER
16

NOTICE of Appearance by Erin T. Ryan on behalf of The City of New York (aty to be noticed) (Ryan, Erin) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER

Minute Entry for proceedings held before Judge Nicholas G. Garaufis:The court held a pre-motion conference by video on November 5, 2020. Counsel for all parties present. The court GRANTED Defendants' applications to move to dismiss the complaint, and set the following briefing schedule: Defendants shall serve their motions on Plaintiffs by December 10, 2020; Plaintiffs shall serve their opposition to Defendants' motions on Defendants by February 11, 2021; and Defendants shall serve their Reply on Plaintiffs and file the fully briefed motion by March 17, 2021. Plaintiffs are DIRECTED to confer with Defendant Cuomo regarding a stipulation dismissing Plaintiffs claims against Defendant Cuomo in his official capacity, and file the stipulation by November 15, 2020. Discovery shall be held in abeyance until the court's decision on Defendants' motions. (Court Reporter Denise Parisi.) (Gurian, Nico)

Nov. 5, 2020

Nov. 5, 2020

PACER

Pre Motion Conference

Nov. 5, 2020

Nov. 5, 2020

PACER
17

Letter MOTION for Extension of Time to File Stipulation Dismissing Official Capacity Claims by Andrew Cuomo. (Gueron, Nicole) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER

ORDER granting 17 Motion for Extension of Time to File. Application GRANTED. Deadline to file stipulation extended until November 23, 2020. Ordered by Judge Nicholas G. Garaufis on 11/13/2020. (Gurian, Nico)

Nov. 13, 2020

Nov. 13, 2020

PACER

Order on Motion for Extension of Time to File

Nov. 13, 2020

Nov. 13, 2020

PACER
18

STIPULATION of Dismissal of Official Capacity Claims by Andrew Cuomo (Gueron, Nicole) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

Clearinghouse
19

MOTION to Dismiss for Failure to State a Claim by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

RECAP
20

MEMORANDUM in Support re 19 MOTION to Dismiss for Failure to State a Claim filed by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

RECAP
21

AFFIDAVIT/DECLARATION in Support re 19 MOTION to Dismiss for Failure to State a Claim filed by Bill De Blasio, The City of New York. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Murray, Edward) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
22

MEMORANDUM in Opposition re 19 MOTION to Dismiss for Failure to State a Claim filed by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

RECAP
23

REPLY in Support re 19 MOTION to Dismiss for Failure to State a Claim filed by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

RECAP
24

Notice of MOTION to Dismiss for Failure to State a Claim by Andrew Cuomo. (Gueron, Nicole) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
25

MEMORANDUM in Support re 24 Notice of MOTION to Dismiss for Failure to State a Claim filed by Andrew Cuomo. (Gueron, Nicole) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

RECAP
26

AFFIDAVIT/DECLARATION in Support re 24 Notice of MOTION to Dismiss for Failure to State a Claim filed by Andrew Cuomo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Gueron, Nicole) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
27

MEMORANDUM in Opposition re 24 Notice of MOTION to Dismiss for Failure to State a Claim filed by Andrew Cuomo. (Gueron, Nicole) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

RECAP
28

REPLY in Support re 24 Notice of MOTION to Dismiss for Failure to State a Claim filed by Andrew Cuomo. (Gueron, Nicole) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

RECAP
29

Letter Requesting Oral Argument on Gov. Cuomo's Motion to Dismiss by Andrew Cuomo (Gueron, Nicole) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER

ORDER: Defendant Governor Andrew Cuomo's 29 application for oral argument on the [24-27] motion to dismiss is GRANTED. The parties are DIRECTED to confer and to contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the argument. Ordered by Judge Nicholas G. Garaufis on 3/18/2021. (Baron, Laura)

March 18, 2021

March 18, 2021

PACER

Order(Other)

March 18, 2021

March 18, 2021

PACER

Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Motion hearings held via video on April 21, 2021. Counsel for Plaintiffs and for Defendants present via video; oral arguments held; decision reserved. (Court Reporter Stacy Mace.) (Baron, Laura)

April 21, 2021

April 21, 2021

PACER

Motion Hearing

April 21, 2021

April 21, 2021

PACER
30

Letter re: Decision in In Re: NYC Policing During Summer 2020 Demonstrations by Bill De Blasio, The City of New York (Attachments: # 1 Exhibit) (Murray, Edward) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
31

MOTION to Withdraw as Attorney by Andrew Cuomo. (Weissler, Emily) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
32

ORDER re 31 Motion to Withdraw as Attorney as to Emily Weissler, Esq. Application granted. So Ordered by Judge Nicholas G. Garaufis on 8/31/2021. (Lee, Tiffeny) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER

ORDER: The court respectfully directs the Clerk of the Court to update the case caption to substitute Kathy Hochul, Governor of New York, for Andrew M. Cuomo, pursuant to Fed. R. Civ. P. 25(d). Ordered by Judge Nicholas G. Garaufis on 11/2/2021. (Baron, Laura)

Nov. 2, 2021

Nov. 2, 2021

PACER

Order(Other)

Nov. 2, 2021

Nov. 2, 2021

PACER

ORDER: The court respectfully directs the Clerk of the Court to update the case caption to substitute Eric Adams, Mayor of New York City, for Bill de Blasio, pursuant to Fed. R. Civ. P. 25(d). Ordered by Judge Nicholas G. Garaufis on 1/14/2022. (Baron, Laura)

Jan. 14, 2022

Jan. 14, 2022

PACER

Order(Other)

Jan. 14, 2022

Jan. 14, 2022

PACER
33

MOTION to Set Aside Order, Order, Motion for clarification of the January 14, 2022 Order to reflect that the FRCP 25(d)(1) substitution of Eric Adams only applies to the official capacity claims and not the individual capacity claims remaining against defendant De Blasio; and that the November 2, 2021 Order be rescinded because there are no longer official capacity claims against defendant Cuomo. by Thaddeus Blake, Lamel Jeffery, Chayse Pena. (Fitch, Joshua) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER
34

MEMORANDUM & ORDER, The former Governor's motion to dismiss the complaint and the City Defendants' partial motion to dismiss certain claims against them are GRANTED. The City Defendants are directed to answer the Complaint within 14 days of this decision. Plaintiffs and the City Defendants are directed to confer and contact Magistrate Judge Robert M. Levy for next steps on the remaining claims. The Clerk of the Court is respectfully directed to remove former Governor Cuomo from the case caption. So Ordered by Judge Nicholas G. Garaufis on 1/21/2022. (Lee, Tiffeny) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

Clearinghouse

SCHEDULING ORDER: A telephone conference is scheduled for 2/15/22 @ 1:00 p.m., before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 1/27/2022. (Marino, Janine) Modified, to correct conf. date/time on 1/27/2022 (Marino, Janine).

Jan. 27, 2022

Jan. 27, 2022

PACER

Scheduling Order

Jan. 27, 2022

Jan. 27, 2022

PACER
35

MOTION for Entry of Judgment under Rule 54(b) of the class claims dismissed by the January 24, 2022 Order by Thaddeus Blake, Lamel Jeffery, Chayse Pena. (Fitch, Joshua) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
36

MEMORANDUM in Support re 35 MOTION for Entry of Judgment under Rule 54(b) of the class claims dismissed by the January 24, 2022 Order filed by Thaddeus Blake, Lamel Jeffery, Chayse Pena. (Fitch, Joshua) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER

ORDER: The court is in receipt of Plaintiffs' 35 Motion for Entry of Judgment under Rule 54(b) of the class claims dismissed by the 34 January 24, 2022 Order. Defendants are DIRECTED to file a response, if any, by February 25, 2022, and Plaintiffs are DIRECTED to file a reply, if any, by March 7, 2022. Ordered by Judge Nicholas G. Garaufis on 2/8/2022. (Katz, Jennifer)

Feb. 8, 2022

Feb. 8, 2022

PACER

Order(Other)

Feb. 8, 2022

Feb. 8, 2022

PACER
37

Consent MOTION to Adjourn Conference, Consent MOTION for Extension of Time to File Answer by The City of New York. (Braun, Daniel) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER

ORDER granting 37 City Defendants request that their time to answer the complaint be held in abeyance pending the Court's decision on plaintiffs' Motion for Final Judgment Under FRCP 54(b). The telephone conference set for 2/15/22 is adjourned without date. Ordered by Magistrate Judge Robert M. Levy on 2/11/2022. (Marino, Janine)

Feb. 11, 2022

Feb. 11, 2022

PACER

Order on Motion to Adjourn Conference AND Order on Motion for Extension of Time to Answer

Feb. 11, 2022

Feb. 11, 2022

PACER
38

MEMORANDUM in Opposition re 35 MOTION for Entry of Judgment under Rule 54(b) of the class claims dismissed by the January 24, 2022 Order filed by Eric Adams, The City of New York. (Murray, Edward) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
39

REPLY in Support re 35 MOTION for Entry of Judgment under Rule 54(b) of the class claims dismissed by the January 24, 2022 Order filed by Thaddeus Blake, Lamel Jeffery, Chayse Pena. (Fitch, Joshua) (Entered: 03/07/2022)

March 7, 2022

March 7, 2022

PACER
40

NOTICE of Appearance by Peter William Brocker on behalf of Eric Adams, The City of New York (aty to be noticed) (Brocker, Peter) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

PACER
41

MOTION to Withdraw as Attorney by Eric Adams, The City of New York. (Murray, Edward) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER

ORDER granting 41 Motion to Withdraw as Attorney. Attorney Edward Louis Murray, III terminated. Ordered by Magistrate Judge Robert M. Levy on 5/26/2022. (Marino, Janine)

May 26, 2022

May 26, 2022

PACER

Order on Motion to Withdraw as Attorney

May 26, 2022

May 26, 2022

PACER
42

MOTION to Substitute Attorney by Eric Adams, The City of New York. (Accarino, Gregory) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
43

AFFIDAVIT/AFFIRMATION re 42 MOTION to Substitute Attorney by Eric Adams, The City of New York (Attachments: # 1 Affidavit for Substitution of Counsel of Peter William Brocker) (Accarino, Gregory) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER

ORDER granting 42 Motion to Substitute Attorney. Attorney Peter William Brocker terminated. Ordered by Magistrate Judge Robert M. Levy on 7/5/2022. (Ramirez, Alexia)

July 5, 2022

July 5, 2022

PACER

Order on Motion to Substitute Attorney

July 5, 2022

July 5, 2022

PACER
44

MEMORANDUM & ORDER denying Plaintiffs' 35 motion for entry of partial judgment under Rule 54(b). So Ordered by Judge Nicholas G. Garaufis on 7/12/2022. (Lee, Tiffeny) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

Clearinghouse

SCHEDULING ORDER: A telephone conference is scheduled for August 17, 2022 at 2:00 p.m., before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 7/12/2022. (Marino, Janine)

July 12, 2022

July 12, 2022

PACER

Scheduling Order

July 12, 2022

July 12, 2022

PACER
45

Consent MOTION for Extension of Time to File Answer respectfully requesting a deadline of August 15, 2022 to answer or otherwise respond to the Complaint by Eric Adams, The City of New York. (Accarino, Gregory) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER

ORDER granting 45 Motion for Extension of Time to Answer. Eric Adams answer due 8/15/2022; The City of New York answer due 8/15/2022. Ordered by Magistrate Judge Robert M. Levy on 7/25/2022. (Marino, Janine)

July 25, 2022

July 25, 2022

PACER

Order on Motion for Extension of Time to Answer

July 25, 2022

July 25, 2022

PACER
46

Joint MOTION to Adjourn Conference respectfully requesting the Court (1) adjourn all deadlines and conferences sine die, and (2) permit the parties thirty (30) days to file a stipulation of voluntary dismissal by Eric Adams, The City of New York. (Accarino, Gregory) (Entered: 08/10/2022)

Aug. 10, 2022

Aug. 10, 2022

PACER

ORDER granting 46 Joint Motion to Adjourn all deadlines and conferences sine die; and permit parties to file a stipulation of voluntary dismissal in 30 days. Ordered by Magistrate Judge Robert M. Levy on 8/10/2022. (Marino, Janine)

Aug. 10, 2022

Aug. 10, 2022

PACER

ORDER: The conference scheduled for 8/17/2022 at 02:00 PM before Magistrate Judge Robert M. Levy is adjourned without date. Ordered by Magistrate Judge Robert M. Levy on 8/10/2022. (Marino, Janine)

Aug. 10, 2022

Aug. 10, 2022

PACER

Order on Motion to Adjourn Conference

Aug. 10, 2022

Aug. 10, 2022

PACER

Scheduling Order

Aug. 10, 2022

Aug. 10, 2022

PACER
47

Letter respectfully submitting the Parties' Joint (1) Proposed Judgment and (2) Stipulation of Voluntary Dismissal by Eric Adams, The City of New York (Attachments: # 1 Proposed Judgment, # 2 Affidavit in Support Stipulation of Voluntary Dismissal) (Accarino, Gregory) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

RECAP
48

STIPULATION AND ORDER OF VOLUNTARY DISMISSAL. The sole remaining Equal Protection Claim asserted in the Complaint is dismissed and discontinued with prejudice against the City defendants without costs to either party as against the other. The sole purpose of this stipulation and dismissal of the remaining EqualProtection Claim is to enable plaintiffs to pursue and immediate appeal of the Court's January 22, 2020 Dismissal Order. (See Order) So Ordered by Judge Nicholas G. Garaufis on 9/23/2022. (Lee, Tiffeny) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

RECAP
49

JUDGMENT, Pursuant to the parties' Stipulation, the sole remaining Equal Protection Claim asserted in the Complaint against the City defendants is dismissed with prejudice. The Court hereby enters Final Judgment on its January 21, 2022 Dismissal Order that dismissed, inter alia, the False Arrest Claims against all defendants. All findings of law and fact contained in the Court's January 21, 2022Dismissal Order are hereby incorporated by reference into this final Judgment. Having entered Final Judgment on the Dismissal Order, plaintiffs may now pursue an immediate appeal of the Dismissal Order. (See Judgment) So Ordered by Judge Nicholas G. Garaufis on 9/23/2022. (Lee, Tiffeny) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

PACER
50

NOTICE OF APPEAL as to 34 Order on Motion to Set Aside,,, Order on Motion to Dismiss for Failure to State a Claim,,,,, 49 Judgment,, by Thaddeus Blake, Lamel Jeffery, Chayse Pena. Filing fee $ 505, receipt number ANYEDC-16059459. (Fitch, Joshua) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

RECAP

Electronic Index to Record on Appeal sent to US Court of Appeals. 50 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ)

Oct. 21, 2022

Oct. 21, 2022

PACER

Electronic Index to Record on Appeal

Oct. 21, 2022

Oct. 21, 2022

PACER
51

MOTION to Amend/Correct/Supplement Electronic Index to Record on Appeal, Order, Order, to correct errors in the District Court caption in order to properly reflect that former Governor Cuomo and former Mayor De Blasio remain defendants in this action in their individual capacities for purposes of the pending appeal by Thaddeus Blake, Lamel Jeffery, Chayse Pena. (Fitch, Joshua) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER

ORDER: The court GRANTS Plaintiff's 51 motion and DIRECTS the Clerk of Court to restore Andrew Cuomo and Bill De Blasio to the caption in this case as Defendants in their individual capacities. Ordered by Judge Nicholas G. Garaufis on 11/14/2022. (Kirschner, Isaac).

Nov. 14, 2022

Nov. 14, 2022

PACER

Order on Motion to Amend/Correct/Supplement

Nov. 14, 2022

Nov. 14, 2022

PACER
52

MOTION to Amend/Correct/Supplement to correct errors in the District Court caption by removing Mayor Eric Adams in his individual capacity for purposes of the pending appeal by Eric Adams, Bill De Blasio, The City of New York. (Accarino, Gregory) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER

ORDER: The court GRANTS the City Defendants' 52 motion and DIRECTS the Clerk of Court to remove Eric Adams in his individual capacity from the case caption. Ordered by Judge Nicholas G. Garaufis on 12/6/2022. (Kirschner, Isaac).

Dec. 6, 2022

Dec. 6, 2022

PACER

Order(Other)

Dec. 7, 2022

Dec. 7, 2022

PACER

Case Details

State / Territory: New York

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

Multi-LexSum (in sample)

Key Dates

Filing Date: June 26, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three individuals arrested for violating curfew

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of New York (New York), City

Mayor Bill de Blasio (New York), City

Governor Andrew Cuomo, State

New York Police Department Officers (New York), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Petitions clause

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Over/Unlawful Detention

Search policies

Discrimination-area:

Disparate Impact

Discrimination-basis:

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic