Harrell et al v. The City Of New York , et al
| Michael Harrell, Susan Calvo, John Peters Professional Limousines, Inc., Jacklyn Restrepo and Pedro Camacho |
| The City Of New York ,, Meera Joshi, David Yassky and Raymond Scanlon |
| 1:2014cv07246 |
| September 8, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Valerie E. Caproni |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
263
OPINION & ORDER re: 224 MOTION to Certify Class . filed by Susan Calvo, Yong Zhang, Jacklyn Restrepo, Eamon Yuel, John Peters Professional Limousines, Inc., Pedro Camacho. For the foregoing reasons, and because Plaintiffs have now twice failed to propose a class that can be certified, Plaintiffs' motion for class certification is DENIED with prejudice. The Clerk of Court is respectfully directed to terminate Docket Entry 224. The parties are directed to meet and c onfer and to propose a trial schedule to resolve the liability and damages issues as to Susan Calvo, John Peters Professional Limousines, Eamon Yuel, and Yong Zang, and to resolve the issue of damages as to Jaclyn Restrepo and Peter Camacho. The parties' proposed schedule must be filed on or before April 17, 2018. (Signed by Judge Valerie E. Caproni on 4/2/2018) (kgo)
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Filing
223
OPINION & ORDER re: 165 MOTION to Certify Class . filed by Susan Calvo, Yong Zhang, Jacklyn Restrepo, Eamon Yuel, John Peters Professional Limousines, Inc., Pedro Camacho. For the foregoing reasons, Plaintiffs' motion is D ENIED without prejudice. If Plaintiffs would like to move again for class certification, they must file their motion on or before November 1, 2017. Defendants must file their opposition brief on or before December 1, 2017. Plaintiffs may file a rep ly brief on or before December 20, 2017. The Clerk of Court is respectfully directed to terminate Docket Entry No. 165. ( Motions due by 11/1/2017., Responses due by 12/1/2017, Replies due by 12/20/2017.) (Signed by Judge Valerie E. Caproni on 9/21/2017) (kgo)
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Filing
222
ORDER re: 211 Report and Recommendations. For the foregoing reasons, the R&R is ADOPTED in part and MODIFIED in part. The Court's adjustments result in a total award of $103,258.75 in attorneys' fees to Plaintiffs, as set forth in the table herein. The Clerk of Court is respectfully directed to terminate Docket Entry No. 139. (Signed by Judge Valerie E. Caproni on 9/15/2017) (kgo)
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Filing
74
OPINION AND ORDER re: 60 MOTION for Reconsideration, filed by David Yassky, The City Of New York, Meera Joshi, Raymond Scanlon. For all the reasons discussed above, Defendants' Motion for Reconsideration (Dkt. 60) is GRANTED in part and DENIED in part. Plaintiffs' Cross-Motion for Summary Judgment is denied as to Susan Calvo and John Peters Professional Limousines, Inc., but granted as to all other Plaintiffs. The Clerk of Court is respectfully directed to terminate Docket Entry 60. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 12/18/2015) (spo)
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Filing
52
OPINION & ORDER re: 30 MOTION for Summary Judgment. filed by Susan Calvo, Jacklyn Restrepo, Michael Harrell, John Peters Professional Limousines, Inc., Pedro Camacho, 15 MOTION to Dismiss, filed by David Yassky, Th e City Of New York, Meera Joshi, Raymond Scanlon, 25 MOTION to Dismiss Amended Complaint, filed by David Yassky, The City Of New York, Meera Joshi, Raymond Scanlon.Plaintiffs' motion for summary judgment as to liability to fi rst time violators, Docket Entry 30, is GRANTED. Defendants' cross-motion for summary judgment, Docket Entry 25, is GRANTED with respect to the claims against the individual defendants in their individual capacity, and the claim for punitive dam ages against the City. Count Five is DISMISSED pursuant to 28 U.S.C. § 1367(c). The motion is DENIED in all other respects. At oral argument, Plaintiffs stated that they were seeking injunctive relief, but that request was not included in their moving papers. The Amended Complaint also sought class certification. Given that the Court has determined that the City's policy of summarily seizing vehicles of alleged first-time violators violates the Fourth and Fourteenth Amendments, the par ties are ORDERED to submit a joint letter no later than October 9, 2015, indicating whether Plaintiffs intend to pursue injunctive relief and, if so, proposing a schedule for briefing their request. The letter should also address whether Plaintiffs s till wish to pursue class certification, and, if so, whether they require class discovery before briefing that request. The Clerk of Court is requested to terminate Docket Entries 15, 25 and 30. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 9/30/2015) (spo)
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