Case: Wood v. de Blasio

1:20-cv-10541 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 14, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

The plaintiff, a 31-year-old resident of Queens, New York, brought this lawsuit against the City of New York and the New York City Police Department (NYPD) on December 14, 2020 in the United States District Court for the Southern District of New York. The complaint alleged that NYPD officers, with the approval of their supervisors, regularly used excessive force against and falsely arrested peaceful protesters during the widespread racial justice protests that took place in the summer of 2020. …

The plaintiff, a 31-year-old resident of Queens, New York, brought this lawsuit against the City of New York and the New York City Police Department (NYPD) on December 14, 2020 in the United States District Court for the Southern District of New York. The complaint alleged that NYPD officers, with the approval of their supervisors, regularly used excessive force against and falsely arrested peaceful protesters during the widespread racial justice protests that took place in the summer of 2020. The plaintiff specifically alleged that on June 4, 2020, while he participated peacefully in a protest in Mott Haven, NYPD officers struck the plaintiff with a baton before throwing him facedown to the ground and handcuffing him tightly with plastic zip ties. The plaintiff further alleged that officers left the zip ties in place for several hours while transporting him to Queens Central Booking and processing him for arrest, leading to significant pain and swelling in his hand. According to the complaint, the plaintiff was then held overnight in a cramped cell without food or water.

The plaintiff sued under 42 U.S.C § 1983 alleging excessive force and unlawful seizure in violation of the Fourth and Fourteenth Amendments, as well as retaliation for the exercise of First Amendment rights. In addition to claims against NYPD officers, the plaintiff brought claims against Mayor Bill de Blasio, NYPD Commissioner Dermot Shea, and NYPD Chief of Department Terence Monahan for their personal supervisory involvement in the alleged policy of excessive force. The complaint also asserted municipal liability on the part of the City of New York based on a policy, custom, or usage of excessive force and retaliation against peaceful protesters. The plaintiff sought compensatory and punitive damages, reasonable costs and attorneys’ fees, and any other relief the Court deemed just and proper.

The case was related to Payne v. de Blasio and assigned to Judge Colleen McMahon on December 15, 2020. Judge McMahon consolidated this case with three other police conduct cases (Payne, Sow v. City of New York, and People of New York v. New York), for pre-trial purposes. On February 4, 2021, the case was referred to Magistrate Judge Gabriel W. Gorenstein. 

On March 3, 2021, the Police Benevolent Association of the City of New York, which is the union that represents police officers in New York City, moved to intervene in the case to assert interests in their collective bargaining rights, how remedies may affect officers’ safety and reputations, and any changes in disciplinary procedures. On April 28, 2021, the court denied the motion to intervene because the litigation did not have “practical impact” on the union’s collective bargaining power. Since the litigation was in the liability phase, none of the police union’s interests were implicated, but the court reasoned that unions may have an interest in a settlement or at the remedies phase. The Second Circuit affirmed the district court’s denial of the motion to intervene in the cases seeking damages, including Wood, but they reversed in four of the other consolidated cases seeking injunctive and declaratory relief because that relief may affect NYPD policies to protect officers’ safety. The Second Circuit affirmed the panel decision en banc. 

On March 5, 2021, the plaintiff filed an amended complaint, seeking class action certification and adding common law claims of assault, battery, and false imprisonment. On March 26, 2021, the defendants moved to dismiss the amended complaint on the basis that the plaintiffs did not have standing, that their claims were moot, and that plaintiffs failed to state claims against the City, Mayor de Blasio, Commissioner Shea, and Chief Monahan because they could not be held responsible for the actions of individual NYPD officers. On July 9, 2021, the court granted the motion to dismiss in part and denied it in part. The court held that the plaintiffs did have standing because they have alleged that they intended to participate in future protests while the allegations of repeated unlawful conduct by the police made it likely that the plaintiffs would have future encounters with the NYPD enacting these policies. Even though New York City made policy changes, the court held that the claims were not moot because voluntary cessation did not moot claims unless there was no reasonable expectation that the violation would recur and that the relief eradicated the effects of the violation. The court instead observed that the city had not implemented most of its programs and that its efforts were insufficient to stop subsequent violations. The court held that the plaintiffs successfully stated a claim against the City under Monell because they alleged an unwritten policy or custom which could be discerned from “(1) a widespread pattern of the complained-of practices that extends back many years; and (2) a persistent failure to train and supervise NYPD officers in the proper policing of protests.” The court upheld the claims against Mayor de Blasio and Chief Monahan in their individual capacities because they both formulated and approved the NYPD policies and attended protests, but the court dismissed the claims against Mayor de Blasio, Commissioner Shea, and Chief Monahan in their official capacities as redundant. However, the court dismissed the claims against Commissioner Shea in his individual capacity because the allegations were that he received notice of the violations and spoke approvingly of them after that fact and not that he implemented the policies personally. The court also dismissed the Sow plaintiffs’ claims against Mayor de Blasio in his individual capacity that the City was unconstitutionally selectively enforcing curfew orders against BLM protests because the mayor had the power to issue a curfew and the curfew was a reasonable time, place, and manner restriction that was not intended to suppress speech.

On September 22, 2022, the plaintiffs filed an amended consolidated complaint so that all of the consolidated cases appeared in one complaint. The class was narrowed from all persons arrested or injured during protests from May 28, 2020 to June 8, 2020 to “all persons who were arrested in the kettle on East 136th Street between Brown Place and Brook Avenue at the June 4th Mott Haven demonstration,” but the claims remained the same except for the addition of state law claims for denial of medical attention, intentional infliction of emotional distress, and excessive detention. The amended complaint also removed Commissioner Shea as a defendant.  

On July 28, 2022, the parties entered mediation, and on December 12, 2022, the parties submitted a proposed settlement. On March 3, 2023, the court entered a settlement order that certified the class and awarded damages and attorneys’ fees. The settlement class was defined as all persons “detained, arrested, and/or subject to force” by police officers at the Mott Haven protest on June 4, 2020. The City agreed to pay $21,500.00 to each class member with an additional $2,500.00 for those who were given “Desk Appearance Ticket[s].” This class definition encompassed approximately 320 individuals,  and approximately 100 members were estimated to be excluded because they had either previously litigated to judgment or settled their own claims against the defendants. The City also agreed to pay the five class representatives an additional $21,500.00 each as an incentive award. The court scheduled a final fairness hearing for the settlement on October 24, 2023, and class counsel are expected to submit a motion to determine the amount of attorneys’ fees.

Summary Authors

Rachel Harrington (3/16/2021)

Sophia Weaver (3/15/2023)

Related Cases

Payne v. de Blasio, Southern District of New York (2020)

Sierra v. City of New York, Southern District of New York (2020)

People of New York v. New York, Southern District of New York (2021)

Sow v. City of New York, Southern District of New York (2021)

Yates v. New York City, Southern District of New York (2021)

Rolon v. City of New York, Southern District of New York (2021)

Gray v. City of New York, Southern District of New York (2021)

Hernandez v. City of New York, Southern District of New York (2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18740217/parties/wood-v-de-blasio/


Judge(s)

Gorenstein, Gabriel W. (New York)

Attorney for Plaintiff

Lieb, Douglas E. (New York)

Attorney for Defendant

Goykadosh, Brachah (New York)

Kissane, Thomas Aquinas (New York)

Expert/Monitor/Master/Other

Dolan, Richard Henry (New York)

Judge(s)

Gorenstein, Gabriel W. (New York)

McMahon, Colleen (New York)

Attorney for Plaintiff

show all people

Documents in the Clearinghouse

Document
1

1:20-cv-10541

Complaint and Jury Demand

Wood v. New York

Dec. 14, 2020

Dec. 14, 2020

Complaint
48

0:20-cv-08924

Wood First Amended Class Action Complaint and Jury Demand

Wood v. City of New York

March 5, 2021

March 5, 2021

Complaint
83

1:20-cv-10541

Memorandum Decision and Order Denying Motions to Intervene

In Re: New York City Policing During Summer 2020 Demonstrations

April 28, 2021

April 28, 2021

Order/Opinion

537 F.Supp.3d 537

101

1:20-cv-10541

Memorandum Decision and Order Granting in Part and Denying in Part Defendants' Motion to Dismiss the Amended Complaints

In Re: New York City Policing During Summer 2020 Demonstrations

July 9, 2021

July 9, 2021

Order/Opinion

548 F.Supp.3d 548

117

No. 21-1316

Judgment

In Re: New York City Policing During Summer 2020 Demonstrations

U.S. Court of Appeals for the Second Circuit

May 17, 2022

May 17, 2022

Order/Opinion
123

1:20-cv-10541

Consolidated and Amended Class Action Complaint

Sierra v. City of New York

Sept. 16, 2022

Sept. 16, 2022

Complaint
139

1:20-cv-10541

Stipulation of Settlement and Order

Sierra v. City of New York

March 3, 2023

March 3, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18740217/wood-v-de-blasio/

Last updated Jan. 23, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CITY OF NEW YORK, Bill De Blasio, John/Jane Doe, Ismael Hernandez Carpio, Terence Monahan, Dermot Shea. (Filing Fee $ 402.00, Receipt Number ANYSDC-23020435)Document filed by Charles Henry Wood..(Lieb, Douglas) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

Clearinghouse
2

CIVIL COVER SHEET filed..(Lieb, Douglas) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

RECAP
3

STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-8924. Document filed by Charles Henry Wood..(Lieb, Douglas) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
4

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) Modified on 12/15/2020 (sj). (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
5

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Mayor Bill de Blasio, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) Modified on 12/15/2020 (sj). (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
6

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to NYPD Commissioner Dermot Shea, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) Modified on 12/15/2020 (sj). (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
7

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Chief of Department Terence Monahan, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) Modified on 12/15/2020 (sj). (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
8

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Ismael Hernandez Carpio, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) Modified on 12/15/2020 (sj). (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Douglas Edward Lieb. The party information for the following party/parties has been modified: City of New York, Terence Monahan, Ismael Hernandez Carpio, John and Jane Does # 1-10. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party text was omitted. (sj)

Dec. 15, 2020

Dec. 15, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj)

Dec. 15, 2020

Dec. 15, 2020

PACER

Case Designated ECF. (sj)

Dec. 15, 2020

Dec. 15, 2020

PACER

CASE REFERRED TO Judge Colleen McMahon as possibly related to 1:20cv8924. (sj)

Dec. 15, 2020

Dec. 15, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Douglas Edward Lieb to RE-FILE Document No. 4 Request for Issuance of Summons, 5 Request for Issuance of Summons, 7 Request for Issuance of Summons, 8 Request for Issuance of Summons, 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; caption must match exactly as pleading. If all parties do not fit, list leading defendant followed by 'et al'. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

Dec. 15, 2020

Dec. 15, 2020

PACER
9

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) Modified on 12/16/2020 (sj). (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
10

FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Mayor Bill de Blasio, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) Modified on 12/16/2020 (sj). (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
11

FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to NYPD Commissioner Dermot Shea, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) Modified on 12/16/2020 (sj). (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
12

FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Chief of Department Terence Monahan, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) Modified on 12/16/2020 (sj). (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
13

FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Ismael Hernandez Carpio, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) Modified on 12/16/2020 (sj). (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER

CASE ACCEPTED AS RELATED. Create association to 1:20-cv-08924-CM. Notice of Assignment to follow. (wb)

Dec. 15, 2020

Dec. 15, 2020

PACER

NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(wb)

Dec. 15, 2020

Dec. 15, 2020

PACER

Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb)

Dec. 15, 2020

Dec. 15, 2020

PACER

Notice to Attorney Regarding Party Modification

Dec. 15, 2020

Dec. 15, 2020

PACER

Case Opening Initial Assignment Notice

Dec. 15, 2020

Dec. 15, 2020

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Dec. 15, 2020

Dec. 15, 2020

PACER

Notice of Case Assignment/Reassignment

Dec. 15, 2020

Dec. 15, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Douglas Edward Lieb to RE-FILE Document No. 9 Request for Issuance of Summons, 13 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Plaintiff's attorney information omitted on PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

Dec. 16, 2020

Dec. 16, 2020

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Douglas Edward Lieb to RE-FILE Document No. 12 Request for Issuance of Summons, 10 Request for Issuance of Summons, 11 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; name on docket entry as to whom summons is for and name on pdf do not match; Plaintiff's attorney information omitted on PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

Dec. 16, 2020

Dec. 16, 2020

PACER
14

REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
15

REQUEST FOR ISSUANCE OF SUMMONS as to Mayor Bill de Blasio, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
16

REQUEST FOR ISSUANCE OF SUMMONS as to NYPD Commissioner Dermot Shea, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
17

REQUEST FOR ISSUANCE OF SUMMONS as to Chief of Department Terence Monahan, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
18

REQUEST FOR ISSUANCE OF SUMMONS as to Police Officer Ismael Hernandez Carpio, re: 1 Complaint. Document filed by Charles Henry Wood..(Lieb, Douglas) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

Dec. 16, 2020

Dec. 16, 2020

PACER
19

ELECTRONIC SUMMONS ISSUED as to City of New York..(dnh) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
20

ELECTRONIC SUMMONS ISSUED as to Bill De Blasio..(dnh) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
21

ELECTRONIC SUMMONS ISSUED as to Dermot Shea..(dnh) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
22

ELECTRONIC SUMMONS ISSUED as to Terence Monahan..(dnh) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
23

ELECTRONIC SUMMONS ISSUED as to Ismael Hernandez Carpio..(dnh) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

RECAP
24

SUMMONS RETURNED EXECUTED Summons and Complaint served. City of New York served on 12/18/2020, answer due 1/8/2021. Document filed by Charles Henry Wood..(Lieb, Douglas) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
25

NOTICE OF APPEARANCE by Brachah Goykadosh on behalf of City of New York..(Goykadosh, Brachah) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
26

LETTER addressed to Judge Colleen McMahon from Brachah Goykadosh dated January 5, 2021 re: Respectfully Requesting that the Court Designate This Case for Participation in the Local Civil Rule 83.10 Plan. Document filed by City of New York..(Goykadosh, Brachah) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
27

ORDER: The Court sua sponte consolidates Payne et al. v. De Blasio et al. (20-cv-08924) and Wood v. De Blasio et al. (20-cv-10541) for all purposes, and exempts Wood from the Mediation Plan (Local Civil Rule 83.10) (Signed by Chief Judge Colleen McMahon on 1/11/2021) (mml) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

RECAP

CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-08924-CM. (mml)

Jan. 11, 2021

Jan. 11, 2021

PACER
28

LETTER MOTION to Consolidate Cases Respectfully Requesting that the Court De-Consolidate Jarrett Payne, et al. v. Mayor Bill de Blasio, et al., 20 Civ. 8924 (CM) and Charles Henry Wood v. City of New York, et al., 20 Civ. 10541 (CM) addressed to Judge Colleen McMahon from Brachah Goykadosh dated January 13, 2021. Document filed by City of New York. (Attachments: # 1 Exhibit A).(Goykadosh, Brachah) (Entered: 01/13/2021)

1 Exhibit A

View on PACER

Jan. 13, 2021

Jan. 13, 2021

PACER
29

LETTER REPLY to Response to Motion addressed to Judge Colleen McMahon from Dara L. Weiss dated January 14, 2021 re: (26 in 1:20-cv-08924-CM) LETTER MOTION to Consolidate Cases in Response to Defendants' Letter Motion to De-Consolidate addressed to Judge Colleen McMahon from Plaintiffs dated January 14, 2021. . Document filed by City of New York. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM.(Weiss, Dara) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
30

CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a: Telephone conference on Friday, February 5, 2021 at 11:30 A.M. before the Honorable Colleen McMahon, United States District Judge. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. SO ORDERED. Telephone Conference set for 2/5/2021 at 11:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/19/2021) (mml) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
31

ORDER: Please docket this notice from Chief Judge McMahon in cases: Payne v. DiBlasio, 20 Civ. 8924; Wood v. City of New York, 20 Civ. 10541; People v. City of New York, 21 Civ. 322; Sow v. City of New York, 21 Civ. 533. Counsel: I now have four matters on my docket relating to the conduct of the NYPD in connection with various demonstrations that occurred in New York City during 2020, that are connected to the Black Lives Matter (BLM) movement and the deaths of George Floyd and other individuals at the hands of law enforcement officials in other jurisdictions. They are Payne v. DiBlasio, 20 Civ. 8924, Wood v. City of New York, 20 Civ. 10541, People v. City of New York, 21 Civ. 322, Sow v. City of New York, 21 Civ. 533. I preliminarily consolidated these cases for pre-trial purposes. The defendants have moved to deconsolidate Payne and Wood, and the plaintiffs in Payne object to consolidation of their action with the Attorney General's suit, though they do not object to coordinated discovery and joint motion practice on the common issues of law and fact regarding policies and practices of the NYPD that undergird all four of these lawsuits. I note that Wood, People and Sow were all filed as "related cases" to Payne - and so they are, whether they end up being tried together or not - so I anticipate that most pre-trial matters, and certainly discovery, will be consolidated. I want to conference all four cases initially, so I can get my head around how to manage these cases and start them moving. I want that conference to take place in person - "in person" meaning that no more than two attorneys for each plaintiff and no more than four attorneys for the defendants may be present in my courtroom, masked and socially distanced, at an on-the-record conference. We cannot possibly accommodate all the members of the public who would want to be present at this conference, even with an overflow courtroom; we will provide a call in number for maximum public access. At present, as you know, we are not holding in person proceedings in the federal courthouses, so the February 5 date that is currently on your calendars will not work. I would like to schedule this proceeding for the week of February 16-17-18-19. As to the exact date, I would prefer to suit the convenience of counsel, so please confer and be in touch with my deputy clerk, Mariela de Jesus, Mariela_DeJesus@nysd.uscourts.gov with suggested dates and times during that week. You should be prepared to discuss anticipated motions, coordinated discovery and the reasons why these cases should or should not be consolidated. If each plaintiff and the defendants would file a letter of no more than three pages summarizing your positions at last five days prior to the conference; you can flesh them out fully at the conference. There really is no need to make a lot of formal procedural motions; I would rather hear you outline your positions and rule from the bench. Magistrate Judge Gorenstein is the assigned MJ on these cases. I will be inviting him to participate at this conference as well. (Signed by Judge Colleen McMahon on 1/25/2021) (mml) Modified on 2/5/2021 (mml). (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

RECAP
32

LETTER MOTION for Extension of Time Respectfully Request that the Court Sine Die Extend Defendants Time to Respond to the Complaints in These Related Cases Until After the In Person Conference addressed to Judge Colleen McMahon from Brachah Goykadosh dated February 3, 2021. Document filed by City of New York, Bill De Blasio.Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM.(Goykadosh, Brachah) (Entered: 02/03/2021)

Feb. 3, 2021

Feb. 3, 2021

PACER
33

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 Gabriel W. Gorenstein. (Signed by Judge Colleen McMahon on 2/4/2021) (mml) (Entered: 02/04/2021)

Feb. 4, 2021

Feb. 4, 2021

PACER
34

ORDER terminating (31) Letter Motion for Extension of Time in case 1:20-cv-08924-CM; terminating (32) Letter Motion for Extension of Time in case 1:20-cv-10541-CM. All proceedings in all cases are stayed until we hold our conference. (Signed by Judge Colleen McMahon on 2/4/2021) Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM. (mml) (Entered: 02/05/2021)

Feb. 4, 2021

Feb. 4, 2021

PACER

Case Stayed. (mml)

Feb. 4, 2021

Feb. 4, 2021

PACER
35

LETTER addressed to Judge Colleen McMahon from Brachah Goykadosh, Elissa Jacobs and Dara L. Weiss dated February 15, 2021 re: Defendants' positions on coordinated discovery, consolidation and anticipated motions. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea, City of New York, Terence Monahan, Dermot Shea.Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM.(Weiss, Dara) (Entered: 02/15/2021)

Feb. 15, 2021

Feb. 15, 2021

PACER
36

LETTER addressed to Judge Colleen McMahon from Douglas E. Lieb dated 2/16/21 re: Plaintiff Wood's Position on Pending Issues. Document filed by Charles Henry Wood.Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM.(Lieb, Douglas) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

RECAP
37

LETTER addressed to Judge Colleen McMahon from Anthony P. Coles dated February 16, 2021 re: advising that the Sergeants Benevolent Association anticipates moving to intervene under Fed. R. Civ. P. 24(a) and (b). Document filed by Sergeants Benevolent Association..(Coles, Anthony) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
38

CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a: Rule (16) conference on Monday, February 22, 2021 at 2:00 P.M. before the Honorable Colleen McMahon, United States District Judge in Courtroom 24A, U.S. District Court, 500 Pearl Street, New York, New York 10007. Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. SO ORDERED. Initial Conference set for 2/22/2021 at 02:00 PM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Chief Judge Colleen McMahon on 2/18/2021) (jca) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
39

ORDER: The Court will hold a conference in this matter on Monday, February 22, 2021, at 2:00 P.M. in Courtroom 24A. This is an open proceeding, but we have limited space in the courtroom due to the Covid-19 pandemic and social distancing requirements. Members of the public and press may dial in at: 888-363-4749; the Access Code is: 9054506. This line will remain on mute for the duration of the conference. (Signed by Chief Judge Colleen McMahon on 2/19/2021) (jca) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

RECAP
40

ORDER: Amended Pleadings due by 3/5/2021. Any motion for leave to intervene, by any party, must be filed by 3/3/2021. Responses due 3/19/2021. Replies due 3/26/2021. Motions to dismiss the complaints must be filed by close of business on 3/26/2021. Responsive papers are due 4/16/2021. Replies are due 4/30/2021. The case is referred to The Hon. Gabriel W. Gorenstein for all pre-trial supervision other than the motions to dismiss and for leave to intervene. "All discovery" means ALL discovery, including expert discovery, individual discovery and Monell discovery. Potential class plaintiffs should be deposed by July 1, 2021, so that class certification motions can be made no later than September 10, 2021. Deposition due by 7/1/2021. Motions due by 11/15/2021. (Signed by Judge Colleen McMahon on 2/22/2021) (va) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER

Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 2/22/2021. Decision: Initial conference held. Refer to docket for scheduling order.Submitted by: Chloe Lewis. Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM(mde)

Feb. 22, 2021

Feb. 22, 2021

PACER
41

CONSENT LETTER MOTION for Extension of Time to Amend Pleadings addressed to Judge Colleen McMahon from Douglas E. Lieb dated 2/26/21. Document filed by Charles Henry Wood.Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM.(Lieb, Douglas) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
42

ORDER: The above-referenced actions have been referred to the undersigned for pre-trial supervision as set forth in Paragraph 8 of Docket # 40 in 20 Civ. 8924. All applications to the undersigned must comply with this Court's Individual Practices, which are available at:https://nysd.uscourts.gov/hon-gabriel-w-gorenstein. The parties must comply with the deadlines set by Chief Judge McMahon in Docket#40. In addition, the Court orders the following interim deadlines as requested by the parties in their letter dated March 1, 2021 (Docket # 42 in 20 Civ. 8924): March 18, 2021: Initial Disclosures due March 25, 2021: First Request for Documents and First Set of Interrogatories dueApril 8, 2021: Defendants to provide proposed date for completion of document production April 26, 2021: Objections and Responses due; production of documents to begin. Additionally, by June 1, 2021, the parties must confer to reserve in the summer and fall a sufficient number of deposition dates for which all counsel must be available even if specific deponents are not attached to any particular date. Depositions shall be scheduled as soon as practicable. The parties shall not require a deponent to appear for a deposition after Friday, December 3, 2021, unless all parties agree otherwise or the Court orders otherwise. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/02/2021) (ama) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

RECAP
43

NOTICE OF APPEARANCE by Thomas Aquinas Kissane on behalf of Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Kissane, Thomas) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
44

NOTICE OF APPEARANCE by Richard Henry Dolan on behalf of Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Dolan, Richard) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
45

MOTION to Intervene as a party-defendant. Document filed by Police Benevolent Association of the City of New York, Inc..Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Dolan, Richard) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
46

MEMORANDUM OF LAW in Support re: (48 in 1:20-cv-08924-CM, 45 in 1:20-cv-10541-CM, 45 in 1:21-cv-00322-CM) MOTION to Intervene as a party-defendant. . Document filed by Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Dolan, Richard) (Entered: 03/03/2021)

March 3, 2021

March 3, 2021

PACER
47

DECLARATION of Joseph Alejandro in Support re: (45 in 1:21-cv-00322-CM, 48 in 1:20-cv-08924-CM, 45 in 1:20-cv-10541-CM) MOTION to Intervene as a party-defendant.. Document filed by Police Benevolent Association of the City of New York, Inc.. (Attachments: # 1 A: Statement to the New York Attorney General's Office by the Police Benevolent Association dated June 17, 2020)Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Dolan, Richard) (Entered: 03/03/2021)

1 A: Statement to the New York Attorney General's Office by the Police Benev

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March 3, 2021

March 3, 2021

PACER
48

FIRST AMENDED COMPLAINT amending 1 Complaint against City of New York, Bill De Blasio, John and Jane Does #1-10, Ismael Hernandez Carpio, Terence Monahan, Dermot Shea with JURY DEMAND.Document filed by Charles Henry Wood. Related document: 1 Complaint..(Lieb, Douglas) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

RECAP
49

LETTER addressed to Judge Colleen McMahon from Remy Green dated 2021-03-06 re: In Re: New York City Policing During Summer 2020 Demonstrations, 20 Civ. 8924 (CM)(GWG) (Amended Complaint in Sow (21-cv-533)). Document filed by Adama Sow. (Attachments: # 1 Exhibit First Amended Complaint in Sow (21-cv-533))Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Green, Remy) (Entered: 03/06/2021)

1 Exhibit First Amended Complaint in Sow (21-cv-533)

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March 6, 2021

March 6, 2021

RECAP
50

NOTICE OF APPEARANCE by Jaclyn Hillary Grodin on behalf of People of The State of New York. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10291-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM, 1:21-cv-00533-CM.(Grodin, Jaclyn) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
51

TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2021 before Judge Colleen McMahon. Court Reporter/Transcriber: Steven Greenblum, (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 3/29/2021. Redacted Transcript Deadline set for 4/8/2021. Release of Transcript Restriction set for 6/7/2021.Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
52

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/22/21 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...Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

PACER
53

NOTICE OF APPEARANCE by Robert Sherlock Smith on behalf of Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Smith, Robert) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
54

TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2021 before Judge Colleen McMahon. Court Reporter/Transcriber: Steven Greenblum, (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 4/7/2021. Redacted Transcript Deadline set for 4/19/2021. Release of Transcript Restriction set for 6/15/2021.Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
55

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/22/21 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...Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
56

LETTER addressed to Judge Colleen McMahon from Douglas E. Lieb dated 3/18/2021 re: Requesting the Court's Assistance in Resolving Docketing Issues Preventing Consolidated Filings. Document filed by Charles Henry Wood.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Lieb, Douglas) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
57

MEMORANDUM OF LAW in Opposition re: (51 in 1:20-cv-08924-CM, 48 in 1:21-cv-00322-CM) MOTION to Intervene on behalf of the Detectives Endowment Association., (45 in 1:21-cv-00322-CM, 48 in 1:20-cv-08924-CM, 45 in 1:20-cv-10541-CM) MOTION to Intervene as a party-defendant., (43 in 1:21-cv-00322-CM) MOTION to Intervene ., (38 in 1:21-cv-00322-CM) MOTION to Intervene on behalf of the Detectives Endowment Association., (45 in 1:20-cv-08924-CM) MOTION to Intervene . . Document filed by Matthew Bredder, Savitri Durkee, Jaime Fried, Camila Gini, Alex Gutierrez, Vidal Guzman, David Jaklevic, Vivian Matthew King-Yarde, Andie Mali, Micaela Martinez, Colleen McCormack-Maitland, Charlie Monlouis-Anderle, Nicholas Mulder, Jarrett Payne, People of The State of New York, Julian Phillips, Dara Pluchino, Oscar Rios, Barbara Ross, Maria Salazar, Amali Sierra, Samira Sierra, Adama Sow, Charles Henry Wood, Sabrina Zurkuhlen, Alexandra de Mucha Pino. (Attachments: # 1 Exhibit A - Feb. 26, 2021 Letter from B. Goykadosh to All Plaintiff Counsel)Filed In Associated Cases: 1:20-cv-08924-CM et al..(England, Travis) (Entered: 03/19/2021)

1 Exhibit A - Feb. 26, 2021 Letter from B. Goykadosh to All Plaintiff Counsel

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March 19, 2021

March 19, 2021

PACER
58

OPPOSITION BRIEF re: (11 in 1:20-cv-08924-CM) Letter, . Document filed by City of New York.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Jacobs, Elissa) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
59

MEMORANDUM OF LAW in Opposition re: (48 in 1:21-cv-00322-CM) MOTION to Intervene on behalf of the Detectives Endowment Association., (45 in 1:21-cv-00322-CM) MOTION to Intervene as a party-defendant., (43 in 1:21-cv-00322-CM) MOTION to Intervene ., (38 in 1:21-cv-00322-CM) MOTION to Intervene on behalf of the Detectives Endowment Association. . Document filed by City of New York, Bill De Blasio, Terence Monahan. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Weiss, Dara) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
60

LETTER addressed to Judge Colleen McMahon from Robert S. Smith dated March 26, 2021 re: Reply to Plaintiff and Defendant Motion in Opp to Motion to Intervene. Document filed by Police Benevolent Association of the City of New York, Inc..Filed In Associated Cases: 1:20-cv-08924-CM et al..(Dolan, Richard) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
61

REPLY MEMORANDUM OF LAW in Support re: (48 in 1:20-cv-08924-CM, 45 in 1:20-cv-10541-CM, 45 in 1:21-cv-00322-CM) MOTION to Intervene as a party-defendant. . Document filed by Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Dolan, Richard) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
62

MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-01904-CM) Complaint, (49 in 1:21-cv-00533-CM) Amended Complaint, (51 in 1:21-cv-00322-CM) Amended Complaint, . Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea, City of New York, Terence A. Monahan, Dermot F. Shea, Bill de Blasio, City Of New York, Terence Monahan, Dermot Shea, Bill de Blasio, City of New York, Terence Monahan, Dermot Shea, Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, New York City.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Jacobs, Elissa) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
63

MEMORANDUM OF LAW in Support re: (62 in 1:20-cv-10541-CM, 16 in 1:21-cv-01904-CM, 64 in 1:21-cv-00533-CM, 105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 69 in 1:21-cv-00322-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019 . Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea, City of New York, Terence A. Monahan, Dermot F. Shea, Bill de Blasio, City Of New York, Terence Monahan, Dermot Shea, Bill de Blasio, City of New York, Terence Monahan, Dermot Shea, Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, New York City. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Jacobs, Elissa) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
64

DECLARATION of Brachah Goykadosh in Support re: (62 in 1:20-cv-10541-CM, 16 in 1:21-cv-01904-CM, 64 in 1:21-cv-00533-CM, 105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 69 in 1:21-cv-00322-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea, City of New York, Terence A. Monahan, Bill de Blasio, City Of New York, Terence Monahan, Dermot Shea, Bill de Blasio, City of New York, Terence Monahan, Dermot Shea, Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, New York City. (Attachments: # 1 Exhibit A: Mass Demonstration Response Tracker, # 2 Exhibit B: NYC Police Reform and Reinvention Collaborative Draft Plan dated March 5, 2021, # 3 Exhibit C: NYC Police Reform and Reinvention Collaborative Draft Plan: Part 2 dated March 12, 2021, # 4 Exhibit D: Department of Investigation Report, # 5 Exhibit E: Corporation Counsel Report, # 6 Exhibit F: Emergency Executive Order No. 117, # 7 Exhibit G: Executive Order No. 203, # 8 Exhibit H: Executive Order No. 58)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Jacobs, Elissa) (Entered: 03/26/2021)

1 Exhibit A: Mass Demonstration Response Tracker

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2 Exhibit B: NYC Police Reform and Reinvention Collaborative Draft Plan dated Marc

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3 Exhibit C: NYC Police Reform and Reinvention Collaborative Draft Plan: Part 2 da

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4 Exhibit D: Department of Investigation Report

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5 Exhibit E: Corporation Counsel Report

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6 Exhibit F: Emergency Executive Order No. 117

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7 Exhibit G: Executive Order No. 203

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8 Exhibit H: Executive Order No. 58

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March 26, 2021

March 26, 2021

PACER
65

LETTER MOTION for Extension of Time to File Answer for certain individual defendants addressed to Judge Colleen McMahon from Elissa B. Jacobs dated March 26, 2021. Document filed by City of New York, City of New York, City Of New York, City of New York, City Of New York, New York City.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Jacobs, Elissa) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
66

LETTER addressed to Judge Colleen McMahon from Robert S. Smith dated March 26, 2021 re: Corrected letter regarding Intervention Reply Brief. Document filed by Police Benevolent Association of the City of New York, Inc..Filed In Associated Cases: 1:20-cv-08924-CM et al..(Dolan, Richard) (Entered: 03/27/2021)

March 27, 2021

March 27, 2021

PACER
67

ORDER granting in part (108) Letter Motion for Extension of Time to Answer re (108 in 1:20-cv-08924-CM) LETTER MOTION for Extension of Time to File Answer for certain individual defendants addressed to Judge Colleen McMahon from Elissa B. Jacobs dated March 26, 2021.. in case 1:20-cv-08924-CM. As 13 new Officer defendants were named only this month, I really have little choice. I would have preferred that the City move on behalf of the original groups of officers and let the others join in those motions later. This could have been raised with me as early as March 8. Please don't make this error again. You have until April 23 to move or answer on behalf of the named officers. (Signed by Judge Colleen McMahon on 3/29/2021) Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10291-CM, 1:20-cv-10541-CM, 1:21-cv-00533-CM, 1:21-cv-01904-CM (jca) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
68

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jennvine Wong dated 03/30/2021 re: Letter Regarding Protective Order. Document filed by Jaime Fried, Camila Gini, Vidal Guzman, Vivian Matthew King-Yarde, Andie Mali, Micaela Martinez, Colleen McCormack-Maitland, Charlie Monlouis-Anderle, Nicholas Mulder, Jarrett Payne, Julian Phillips. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Wong, Jennvine) (Entered: 03/30/2021)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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March 30, 2021

March 30, 2021

PACER
69

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Elissa B. Jacobs dated April 1, 2021 re: Letter in Response to Plaintiff's Letter Regarding Protective Order. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea, City of New York, Terence A. Monahan, Dermot F. Shea, Bill de Blasio, City Of New York, Terence Monahan, Dermot Shea, Bill de Blasio, City of New York, Terence Monahan, Dermot Shea, Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, New York City. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:20-cv-08924-CM et al..(Jacobs, Elissa) (Entered: 04/01/2021)

1 Text of Proposed Order

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April 1, 2021

April 1, 2021

PACER
70

LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss, addressed to Judge Colleen McMahon from Swati R. Prakash dated 04/06/2021., LETTER MOTION for Leave to File Excess Pages for Memorandum of Law opposing Defendants' Motion to Dismiss, addressed to Judge Colleen McMahon from Swati R. Prakash dated 04/06/2021. Document filed by People of The State of New York.Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10291-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM, 1:21-cv-01904-CM.(Prakash, Swati) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER
71

LETTER RESPONSE in Opposition to Motion addressed to Judge Colleen McMahon from Brachah Goykadosh dated April 6, 2021 re: (24 in 1:21-cv-01904-CM, 24 in 1:21-cv-01904-CM) LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss, addressed to Judge Colleen McMahon from Swati R. Prakash dated 04/06/2021. LETTER MOTION for Leave to File Excess Pages for Memorandum of Law opposing Defendants' Motion to Dismiss, addressed to Judge Colleen McMahon from Swati R. Prakash dated 04/06/2021. . Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Goykadosh, Brachah) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER
72

LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Remy Green and Sow Counsel dated 2021-04-07 re: (116 in 1:20-cv-08924-CM, 116 in 1:20-cv-08924-CM, 24 in 1:21-cv-01904-CM, 24 in 1:21-cv-01904-CM, 77 in 1:21-cv-00322-CM, 77 in 1:21-cv-00322-CM, 70 in 1:20-cv-10541-CM, 70 in 1:20-cv-10541-CM, 62 in 1:20-cv-10291-CM, 62 in 1:20-cv-10291-CM) LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss, addressed to Judge Colleen McMahon from Swati R. Prakash dated 04/06/2021. LETTER MOTION for Leave to File Excess Pages for Memorandum of Law opposing Defendants' Motion to Dismiss, addressed to Judge Colleen McMahon from Swati R. Prakash dated 04/06/2021. In Re: City's Letter at Dkt. 72. Document filed by Adama Sow. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Green, Remy) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
73

LETTER MOTION for Leave to File Excess Pages Respectfully Requesting that the Court Disregard Any Separate Opposition by Sow Plaintiffs, Which Would Be Filed Separately from Any Consolidated Opposition Brief addressed to Judge Colleen McMahon from Brachah Goykadosh dated April 7, 2021. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Goykadosh, Brachah) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
74

MEMORANDUM OF LAW in Opposition re: (62 in 1:20-cv-10541-CM, 16 in 1:21-cv-01904-CM, 105 in 1:20-cv-08924-CM, 54 in 1:20-cv-10291-CM, 69 in 1:21-cv-00322-CM) MOTION Pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure re: (38 in 1:20-cv-10291-CM) Amended Complaint, (54 in 1:20-cv-08924-CM) Amended Complaint,, (48 in 1:20-cv-10541-CM) Amended Complaint, (1 in 1:21-cv-019 . Document filed by Jaime Fried, Camila Gini, Alex Gutierrez, Vidal Guzman, Vivian Matthew King-Yarde, Andie Mali, Micaela Martinez, Colleen McCormack-Maitland, Charlie Monlouis-Anderle, Nicholas Mulder, Ricardo Nigaglioni, Jarrett Payne, People of The State of New York, Julian Phillips, Amali Sierra, Samira Sierra, Charles Henry Wood, Cameron Yates. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10291-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM, 1:21-cv-01904-CM.(Levitz, Philip) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
75

ANSWER to 48 Amended Complaint, with JURY DEMAND. Document filed by Ismael Hernandez Carpio..(Weiss, Dara) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
76

LETTER addressed to Judge Colleen McMahon from Dara L. Weiss dated April 23, 2021 re: Answers filed on behalf of individual defendants. Document filed by City of New York.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Weiss, Dara) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
77

LETTER MOTION for Leave to File Excess Pages Respectfully Inquiring If Defendants May File a Single 20 Page Reply instead of Two 10 Page Replies to Plaintiffs' Two Oppositions addressed to Judge Colleen McMahon from Brachah Goykadosh dated April 28, 2021. Document filed by City of New York, Bill De Blasio, Terence Monahan, Dermot Shea.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Goykadosh, Brachah) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
78

FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to NYPD KEVIN ARGO, re: (96 in 1:20-cv-08924-CM) Amended Complaint,. Document filed by Matthew Bredder, Savitri Durkee, Dara Pluchino, Oscar Rios, Barbara Ross, Maria Salazar, Adama Sow, Sabrina Zurkuhlen, Alexandra de Mucha Pino. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Stecklow, Wylie) Modified on 4/29/2021 (jgo). (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
79

FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to NYPD DETECTIVE EDWARD CARRASCO, re: (96 in 1:20-cv-08924-CM) Amended Complaint,. Document filed by Matthew Bredder, Savitri Durkee, Dara Pluchino, Oscar Rios, Barbara Ross, Maria Salazar, Adama Sow, Sabrina Zurkuhlen, Alexandra de Mucha Pino. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Stecklow, Wylie) Modified on 4/29/2021 (jgo). (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
80

MEMORANDUM DECISION AND ORDER DENYING MOTIONS TO INTERVENE denying without prejudice to renewal by formal motion (45) Motion to Intervene; denying without prejudice to renewal by formal motion (48) Motion to Intervene; denying without prejudice to renewal by formal motion (51) Motion to Intervene in case 1:20-cv-08924-CM; denying without prejudice to renewal by formal motion (45) Motion to Intervene in case 1:20-cv-10541-CM; denying without prejudice to renewal by formal motion (45) Motion to Intervene; denying without prejudice to renewal by formal motion (48) Motion to Intervene in case 1:21-cv-00322-CM. For the reasons set forth above, the three unions' motions to intervene are denied, without prejudice to renewal if the City agrees to any proposed settlement or consent decree that impacts the unions' collective-bargaining rights, or if the Court proposes to order injunctive relief that does so. The clerk is directed to remove the motions at Dkt. Nos. 45, 48, and 51 from the Court's list of pending motions. This is a written decision. (Signed by Judge Colleen McMahon on 4/28/2021) Filed In Associated Cases: 1:20-cv-08924-CM et al. (nb) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

RECAP
81

MEMORANDUM DECISION AND ORDER DENYING MOTION TO INTERVENE: For the reasons set forth above, Komatu's motion to intervene or, in the alternative, to appear as amicus curiae is denied. The Clerk of the Court is respectfully directed to remove the motion at Dkt. No. 26 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 4/28/2021) (nb) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

RECAP
82

LETTER addressed to Judge Colleen McMahon from Dara L. Weiss dated April 28, 2021 re: Responding to Plaintiffs' April 27, 2021 Letter. Document filed by City of New York.Filed In Associated Cases: 1:20-cv-08924-CM et al..(Weiss, Dara) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

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: Dec. 14, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class of persons who were arrested in the kettle on East 136th Street between Brown Place and Brook Avenue at the June 4th Mott Haven demonstration

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of New York, City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Failure to discipline

Failure to supervise

Failure to train

Over/Unlawful Detention

Personal injury

Policing:

Excessive force

False arrest

Pepper/OC Spray (policing)