Thomas et al v. Ortiz et al

Thomas et al v. Ortiz et al

Plaintiff:	Tevon Thomas, Dwyte Pilgrim, Alishea Walters, David A. Alcindor, Lloyd Henry, Ali Kettrles, Zanda Dewar, Alonzo Sealey, Jobe Leemow, Matthew Nelson, Ryan Clyne, Sheldon Nyack, Ravin Cox, Gary Jeanty, Milton Sears, Markous Fray, Brandon Thomas, Billy Hippolyte and Herby Aime
Defendant:	Alfredo Skelton, Joebian Ortiz, City of New York, Capt. William Russo, Gary Marcus, Peter Carretta and John And Jane Does #1-10
Petitioner:	Michael Lumer
Not Classified By Court:	Hon. (Ret.) Kathleen Anne Roberts
Case Number:	1:2014cv07513
Filed:	December 26, 2014
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	James R Cho
Referring Judge:	Allyne R Ross
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
January 31, 2023	STATUS REPORT ORDER: The deadline to file a motion to substitute is extended to 5/1/2023 and the deadline to file a status report letter is extended to 5/4/2023. Ordered by Magistrate Judge James R. Cho on 1/31/2023. (SG)
January 30, 2023	Filing 176 STATUS REPORT and request to extend the deadline to move to substitute a party for Sheldon Nyack, on consent, by Sheldon Nyack, Tevon Thomas (Lumer, Michael)
October 14, 2022	STATUS REPORT ORDER: The deadline to file a motion to substitute is extended to 1/9/2023 and the deadline to file a status report letter is extended to 1/13/2023. Ordered by Magistrate Judge James R. Cho on 10/14/2022. (SG)
October 13, 2022	Filing 175 STATUS REPORT and request for an enlargement of time (on consent), by Sheldon Nyack, Tevon Thomas (Lumer, Michael)
September 12, 2022	STATUS REPORT ORDER: The deadline to file a motion to substitute is extended to 10/11/2022 and deadline to file a status report letter is extended to 10/14/2022. Ordered by Magistrate Judge James R. Cho on 9/12/2022. (Gillespie-Cardo, Saudia)
September 9, 2022	Filing 174 STATUS REPORT , filed jointly, by Sheldon Nyack, Tevon Thomas (Lumer, Michael)
September 2, 2022	STATUS REPORT ORDER: The parties were previously directed to file a status report letter as to Sheldon Nyack by 8/30/2022. To date, counsel has failed to comply. The status report deadline is extended to 9/9/2022. Ordered by Magistrate Judge James R. Cho on 9/2/2022. (Gillespie-Cardo, Saudia)
June 2, 2022	ORDER granting Dkt. #173 status report. The parties are directed to file a status report letter as to Sheldon Nyack by 8/30/2022. Ordered by Magistrate Judge James R. Cho on 6/2/2022. (Gillespie-Cardo, Saudia)
June 1, 2022	Filing 173 STATUS REPORT (joint) concerning the claims of Sheldon Nyack, by Sheldon Nyack, Tevon Thomas (Lumer, Michael)
May 25, 2022	SCHEDULING ORDER: The parties are directed to file a status letter as to Sheldon Nyack by 6/1/2022. Ordered by Magistrate Judge James R. Cho on 5/25/2022. (Grieff, Robin)
February 23, 2022	Filing 172 STIPULATION AND ORDER OF PARTIAL DISMISSAL dismissed with prejudice as to plaintiffs' Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Milton Sears, Herby Aime and David A. Alcindor. *Note: the case is not dismissed as to plaintiffs Tevon Thomas and Sheldon Nyack. ( Ordered by Judge Allyne R. Ross on 2/23/2022 ) (Guzzi, Roseann)
February 23, 2022	Filing 171 SETTLEMENT AGREEMENT as to all remaining plaintiffs other than Tevon Thomas and Sheldon Nyack, by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Milton Sears (Lumer, Michael)
February 22, 2022	Filing 170 Letter in response to plaintiff's request for an extension of time to substitute parties by Peter Carretta, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton (Jacobs, Elissa)
February 22, 2022	Filing 169 NOTICE of Voluntary Dismissal by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Milton Sears (But neither TEVON THOMAS nor SHELDON NYACK) (Lumer, Michael)
February 22, 2022	ORDER granting #168 Motion for Extension of Time to File. The deadline for a motion to substitute is extended to May 16, 2022. Ordered by Magistrate Judge James R. Cho on 2/22/2022. (Grieff, Robin)
February 18, 2022	SCHEDULING ORDER: By 2/22/2022, defendants shall respond to the motion for extension of time, Dkt. #168 , and indicate whether they consent to the request. Ordered by Magistrate Judge James R. Cho on 2/18/2022. (Grieff, Robin)
February 17, 2022	Filing 168 MOTION for Extension of Time to File motion for substitution of a party pursuant to FRCP 25(a)(1), by Sheldon Nyack. (Lumer, Michael)
January 14, 2022	Filing 167 NOTICE of Settlement by all plaintiffs, other than Tevon Thomas and Sheldon Nyack, by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Milton Sears Associated Cases: 1:14-cv-07513-ARR-JRC, 1:16-cv-04224-ARR-JRC (Lumer, Michael)
November 17, 2021	Filing 166 SUGGESTION OF DEATH Upon the Record as to Sheldon Nyack by Peter Carretta, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, William Russo Associated Cases: 1:14-cv-07513-ARR-JRC, 1:16-cv-04224-ARR-JRC (Zangrilli, Joseph)
August 20, 2021	Filing 165 MOTION to Stay plaintiffs' time to move to restore their causes of action for denial of a fair trial and malicious prosecution until after the conclusion of the ongoing mediation, by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Jobe Leemow, Sheldon Nyack, Milton Sears, Tevon Thomas. Associated Cases: 1:14-cv-07513-ARR-JRC, 1:16-cv-04224-ARR-JRC (Lumer, Michael)
August 20, 2021	ORDER. At the #165 request of Thomas plaintiffs, and with the consent of defendants, plaintiffs' time to move for reconsideration of the dismissal of their malicious-prosecution and fair-trial claims is stayed until two weeks after the conclusion of mediation. Ordered by Judge Allyne R. Ross on 8/20/2021. (Willingham, Alexandra)
July 16, 2021	STATUS REPORT ORDER: The parties are directed to file a joint status report letter by August 16, 2021. Ordered by Magistrate Judge James R. Cho on 7/16/2021. Associated Cases: 1:14-cv-07513-ARR-JRC, 1:16-cv-04224-ARR-JRC (Gillespie, Saudia)
July 15, 2021	Filing 164 STATUS REPORT regarding mediation by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, William Russo Associated Cases: 1:14-cv-07513-ARR-JRC, 1:16-cv-04224-ARR-JRC (Zangrilli, Joseph)
June 7, 2021	MEDIATION STATUS REPORT ORDER: The parties are directed to file a letter reporting on the status of meditation by July 15, 2021. Ordered by Magistrate Judge James R. Cho on 6/7/2021. (Gillespie, Saudia)
June 3, 2021	SELECTION OF MEDIATOR: Kathleen Anne Roberts and Kathleen Anne Roberts selected as Mediator. The first mediation session will take place on July 1, 2021 at 10:00 AM via Zoom. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Report of Mediation due by 7/15/2021. Associated Cases: 1:14-cv-07513-ARR-JRC, 1:16-cv-04224-ARR-VMS (Priftakis, Tina)
April 28, 2021	Filing 163 TRANSCRIPT of Proceedings held on August 9, 2016, before Judge Scanlon. Court Reporter/Transcriber Transcriptions Plus II, Inc. Email address: laferrara44@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/19/2021. Redacted Transcript Deadline set for 5/31/2021. Release of Transcript Restriction set for 7/27/2021. Associated Cases: 1:14-cv-07513-ARR-JRC, 1:16-cv-04224-ARR-VMS (Hong, Loan)
April 27, 2021	Filing 162 TRANSCRIPT of Proceedings held on August 25, 2016, before Judge Scanlon. Court Transcriber: Fiore Reporting and Transcription Services, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/18/2021. Redacted Transcript Deadline set for 5/28/2021. Release of Transcript Restriction set for 7/26/2021. (Rocco, Christine)
April 15, 2021	Case Reassigned to Magistrate Judge James R. Cho. Magistrate Judge Vera M. Scanlon no longer assigned to the case. 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. (Mahoney, Brenna)
April 8, 2021	Filing 161 MOTION for pre motion conference by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Jobe Leemow, Sheldon Nyack. Associated Cases: 1:14-cv-07513-ARR-VMS, 1:16-cv-04224-ARR-VMS (Lumer, Michael)
April 8, 2021	ORDER denying #161 Motion for Pre Motion Conference: Given that this matter has been referred to mediation, the court deems the Thomas plaintiffs' pre-motion letter #161 withdrawn without prejudice. The Thomas plaintiffs are free to seek a pre-motion conference after mediation proceedings conclude if the issues raised remain relevant. Ordered by Judge Allyne R. Ross on 4/8/2021. (Roeck, Victoria)
March 25, 2021	MEDIATION INSTRUCTIONS (FEE WAIVER) Mediation Instructions for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. The ADR Administrator will assist counsel in appointing a pro bono mediator. Once the pro bono mediator is appointed, counsel will schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Associated Cases: 1:14-cv-07513-ARR-VMS, 1:16-cv-04224-ARR-VMS (Priftakis, Tina)
March 25, 2021	ORDER REFERRING CASE to Mediation. The mediation fee is waived in accordance with Local Rule 83.8(f)(1). Selection of Mediator due by 4/24/2021. Mediation shall be completed by 5/24/2021. Associated Cases: 1:14-cv-07513-ARR-VMS, 1:16-cv-04224-ARR-VMS. Ordered by Judge Allyne R. Ross on 3/25/2021. (Karr, Jacob)
July 16, 2020	ORDER REASSIGNING CASE. Case reassigned to Judge Allyne R. Ross for all further proceedings. Judge Eric N. Vitaliano no longer assigned to case 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. Ordered by Chief Judge Roslynn R. Mauskopf on 7/16/2020. (Bowens, Priscilla)
June 2, 2020	Filing 160 MEMORANDUM & ORDER resolving the parties various motions in limine. So Ordered by Judge Eric N. Vitaliano on 5/1/2020. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lee, Tiffeny)
April 20, 2020	Filing 159 Consent MOTION for Extension of Time to File pre-trial documents by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, City of New York, William Russo. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
April 20, 2020	ORDER granting (159) Motion for Extension of Time to File in case 1:14-cv-07513-ENV-VMS; granting (95) Motion for Extension of Time to File in case 1:16-cv-04224-ENV-VMS. All pretrial deadlines are adjourned sine die. Ordered by Judge Eric N. Vitaliano on 4/20/2020. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Hermann, Jonathan)
March 26, 2020	Filing 158 Consent MOTION for Extension of Time to File the parties' (i) proposed verdict sheet and jury charge, and (ii) trial memoranda, to April 20 and 22, respectively, by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
March 26, 2020	ORDER granting (158) Motion for Extension of Time to File in case 1:14-cv-07513-ENV-VMS; granting (94) Motion for Extension of Time to File in case 1:16-cv-04224-ENV-VMS. On consent of the parties, the due dates for the parties' (1) proposed jury charge and verdict sheet, and (2) trial memoranda, are hereby extended to 4/20/2020 and 4/22/2020, respectively. The parties may move for further extensions of time if they so require. Ordered by Judge Eric N. Vitaliano on 3/26/2020. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS. (Hermann, Jonathan)
March 24, 2020	Filing 157 Consent MOTION to Appear by Telephone (all parties) for the 3/25 conference at 2:30pm, by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
March 24, 2020	ORDER finding as moot (157) Motion to Appear by Telephone in case 1:14-cv-07513-ENV-VMS; finding as moot (93) Motion to Appear by Telephone in case 1:16-cv-04224-ENV-VMS. In light of the adjournment of trial without date, the pretrial conference scheduled for 3/25 is similarly adjourned. The Court will inform the parties at a later date of the time, place, and manner of the pretrial conference. Ordered by Judge Eric N. Vitaliano on 3/24/2020. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Hermann, Jonathan)
March 17, 2020	Filing 156 Consent MOTION for Extension of Time to File pre-trial materials by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, City of New York, William Russo. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
March 17, 2020	ORDER: In light of the Order adjourning the jury selection sine die filed on 3/17/2020, the telephone conference scheduled for March 27, 2020 at 12:00 p.m. is canceled. Ordered by Magistrate Judge Peggy Kuo on 3/17/2020. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (O'Neil-Berven, Ryan)
March 17, 2020	ORDER. In light of Administrative Order 2020-06, available at https://www.nyed.uscourts.gov/sites/default/files/general-ordes/2020-06_In_Re_CoronavirusCovid19Pandemic.pdf, the trial, currently scheduled to commence with jury selection on March 30, 2020, is adjourned sine die. Ordered by Judge Eric N. Vitaliano on 3/17/2020. (Hermann, Jonathan).Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS
March 17, 2020	ORDER granting #156 Motion for Extension of Time to File, and without prejudice as to further requests for extension. Ordered by Judge Eric N. Vitaliano on 3/17/2020. (Hermann, Jonathan)
March 16, 2020	ORDER granting #155 Motion for Extension of Time to File. Ordered by Judge Eric N. Vitaliano on 3/16/2020. (Hermann, Jonathan)
March 15, 2020	Filing 155 MOTION for Extension of Time to File (i) proposed jury charge and verdict sheet, and (ii) trial memorandum, by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
March 12, 2020	ORDER granting (154) Motion for Extension of Time to File in case 1:14-cv-07513-ENV-VMS; associated cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS. Ordered by Judge Eric N. Vitaliano on 3/12/2020. (Hermann, Jonathan)
March 11, 2020	Filing 154 Consent MOTION for Extension of Time to File the proposed jury charge and verdict sheet from 3/13 to 3/16, by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
March 11, 2020	Filing 153 NOTICE of Appearance by Brian Christopher Francolla on behalf of Peter Carretta, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton (aty to be noticed) (Francolla, Brian)
March 9, 2020	SCHEDULING ORDER: This case has been referred to me for selection of a Trial Jury on March 30, 2020. Counsel must appear promptly at 9:30 a.m. to begin selection, in Courtroom 11C South. The parties must submit no later than March 23, 2020 a joint proposal that includes the following: proposed questions to ask prospective jurors during voir dire, a short description of the case, and a list of the names of all persons, entities, and locations that the party expects to be mentioned during the trial. Only questions specifically addressing the issues to be tried should be submitted; routine background questions are not necessary. A Telephone Conference is scheduled for March 27, 2020 at 12:00 p.m. before Magistrate Judge Peggy Kuo. Plaintiffs' counsel shall initiate the call, with Defense counsel on the on the line, by calling Chambers at 718-613-2400 at the time of the conference. Ordered by Magistrate Judge Peggy Kuo on 3/9/2020. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (O'Neil-Berven, Ryan)
March 4, 2020	ORDER. In advance of the final pretrial conference on 3/25/2020, no later than 3/18/2020, the parties are to file trial memoranda--one for plaintiffs, collectively, and one for defendants, collectively--that will set forth a narrative of what they expect to establish at trial, which will include the controlling law, and the witnesses and documentary evidence they intend to rely upon. Ordered by Judge Eric N. Vitaliano on 3/4/2020. (Hermann, Jonathan) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS
February 28, 2020	Filing 152 NOTICE of Appearance by Heather Johnsen Stepanek on behalf of Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas, Alishea Walters, Robert Cush, Adolphus McCleod (aty to be noticed) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Stepanek, Heather)
February 12, 2020	Filing 151 MEMORANDUM in Opposition re (82 in 1:16-cv-04224-ENV-VMS) MOTION in Limine submitted jointly by the Thomas and Browne plaintiffs, filed by Peter Carretta, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, City of New York, William Russo. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Jacobs, Elissa)
February 12, 2020	Filing 150 MEMORANDUM in Opposition re (84 in 1:16-cv-04224-ENV-VMS, 148 in 1:14-cv-07513-ENV-VMS) MOTION in Limine , submitted by defendants, filed by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas, Harold Browne, Adolphus McCleod. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
February 12, 2020	Filing 149 AFFIDAVIT/DECLARATION in Opposition re (84 in 1:16-cv-04224-ENV-VMS, 148 in 1:14-cv-07513-ENV-VMS) MOTION in Limine submitted by defendants, filed by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas, Harold Browne, Adolphus McCleod. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
January 31, 2020	Filing 148 MOTION in Limine by Peter Carretta, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, William Russo. (Attachments: #1 Declaration of Elissa B. Jacobs, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Jacobs, Elissa)
January 31, 2020	Filing 147 AFFIDAVIT/DECLARATION in Support re (82 in 1:16-cv-04224-ENV-VMS, 146 in 1:14-cv-07513-ENV-VMS) MOTION in Limine submitted jointly by the Thomas and Browne plaintiffs, filed by Herby Aime, David A. Alcindor, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas, Harold Browne, Adolphus McCleod. (Attachments: #1 Exh 1: transcript excerpts from Duran v. Perez, #2 Exh 2: appellate docket for Tevon Thomas) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
January 31, 2020	Filing 146 MOTION in Limine submitted jointly by the Thomas and Browne plaintiffs, by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas, Harold Browne, Adolphus McCleod. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
January 24, 2020	ORDER granting (145) Motion for Extension of Time to File in case 1:14-cv-07513-ENV-VMS Ordered by Judge Eric N. Vitaliano on 1/24/2020. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Hermann, Jonathan)
January 24, 2020	ORDER ADOPTING REPORT AND RECOMMENDATIONS. With notice given, no party has filed objections to the #142 in which Magistrate Judge Vera M. Scanlon recommended that plaintiff Alishea Walters be dismissed from this action without prejudice pursuant to Federal Rule of Civil Procedure 41(b). In accordance with the applicable clear-error standard of review, see Dafeng Hengwei Textile Co. v. Aceco Indus. & Commercial Corp., 54 F. Supp. 3d 279, 283 (E.D.N.Y. 2014), the Court carefully reviewed Magistrate Judge Scanlon's report and recommendation, and found it to be correct, well-reasoned, and free of any clear error. The Court, therefore, adopts it in its entirety as the opinion of the Court. Accordingly, the case is dismissed without prejudice as to plaintiff Alishea Walters for failure to prosecute. The Clerk of Court is respectfully directed to mail a copy of this order to Walters at her last known address. Ordered by Judge Eric N. Vitaliano on 1/24/2020. (Hermann, Jonathan)
January 22, 2020	Filing 145 First MOTION for Extension of Time to File motions in limine by Peter Carretta, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, William Russo. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Jacobs, Elissa)
January 14, 2020	ORDER granting (144) Motion to Adjourn Conference in case 1:14-cv-07513-ENV-VMS; granting (80) Motion to Adjourn Conference in case 1:16-cv-04224-ENV-VMS. The 1/15/2020 status conference is adjourned sine die. Ordered by Magistrate Judge Vera M. Scanlon on 1/14/2020. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Quinlan, Krista)
January 13, 2020	Filing 144 MOTION to Adjourn Conference by Peter Carretta, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, William Russo. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Jacobs, Elissa)
January 10, 2020	Filing 143 Proposed Pretrial Order by Peter Carretta, Gary Marcus, Joebian Ortiz, Alfredo Skelton, William Russo Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Jacobs, Elissa)
December 16, 2019	Filing 142 REPORT AND RECOMMENDATION: For the reasons set forth in the attached Report & Recommendation, the Court respectfully recommends that Ms. Walters be dismissed from this action without prejudice pursuant to Federal Rule of Civil Procedure 41(b). A copy of this Report and Recommendation will be mailed by Chambers to Ms. Walters at her last known address: Alishea Walters, 952 East 94th Street, Brooklyn, New York 11236. Any objections to this Report and Recommendation must be filed with the Clerk of Court within the permissible period under the Federal Rules of Civil Procedure. Any request for an extension of time to file objections must be made to the Honorable Eric N. Vitaliano, the District Judge to whom this action is assigned. Failure to file objections within the specified time waives the right to appeal the Court's Order. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 6(a), 6(d), 72; Caidor v. Onondaga Cty., 517 F.3d 601, 604 (2d Cir. 2008). Ordered by Magistrate Judge Vera M. Scanlon on 12/16/2019. (Shanies, Rachel)
November 20, 2019	Filing 141 ORDER: As discussed during the 11/21/2019 conference (see attached order for additional detail and deadlines), counsel made progress on settlement discussions but did not resolve the case. Counsel were reminded of the pretrial deadlines. Ordered by Magistrate Judge Vera M. Scanlon on 11/20/2019. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Quinlan, Krista)
November 20, 2019	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Settlement Conference held on 11/20/2019 in Courtroom 13A South. Lonnie Hart, Jr. and Michael Lumer appearing for Plaintiff. Joseph Zangrilli and Elissa Jacobs appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #2:42-2:43.) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Quinlan, Krista)
November 7, 2019	ORDER granting (140) Motion to Appear by Telephone in case 1:14-cv-07513-ENV-VMS; granting (77) Motion to Appear by Telephone in case 1:16-cv-04224-ENV-VMS. Ordered by Magistrate Judge Vera M. Scanlon on 11/7/2019. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Quinlan, Krista)
November 6, 2019	Filing 140 Consent MOTION to Appear by Telephone by plaintiffs, with counsel appearing in person, by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
October 28, 2019	ORDER granting in part and denying in part (139) Motion for Hearing granting in part and denying in part (76) Motion for Hearing. The Court is not available on the dates requested. A Settlement Conference is set for 11/20/2019 at 2:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel and Parties with full settlement authority are required to attend. On or before 11/14/2019, counsel are to email the Parties' ex parte settlement conference letters to Scanlon_Chambers@nyed.uscourts.gov in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Vera M. Scanlon on 10/28/2019. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Quinlan, Krista)
October 25, 2019	Filing 139 MOTION for Hearing by Peter Carretta, Joebian Ortiz, William Russo, Gary Marcus, William Russo, Alfredo Skelton. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
October 3, 2019	ORDER TO SHOW CAUSE: On or before 10/31/2019, Plaintiff Alishea Walters is ordered to inform the Court as to whether she intends to continue to pursue her claims against Defendants in this case and, if so, to show cause as to why the Court should not dismiss her claims in this action for failure to prosecute. Ms. Walters, along with several other plaintiffs, filed a complaint on 12/26/2014. Ms. Walters' attorney withdrew as her counsel on 3/30/2016, after which Ms. Walters appeared pro se. As detailed in the Court's Order filed 7/31/2019 #135 , Ms. Walters did not join in any amended pleading or file any opposition to the BSGS Defendants' motion for summary judgment. ECF No. #135 at 1 n.1. If Ms. Walters wishes to continue to pursue her claims and is prepared to do so in compliance with the current schedule, with trial commencing on 3/30/2020, on or before 10/31/2019, she must inform the Court of that intention and show cause why her claims should not be dismissed for failure to prosecute. Ms. Walters may provide such information to the Court by submitting a letter addressed to Magistrate Judge Vera M. Scanlon, 225 Cadman Plaza East, Brooklyn, New York 11201. The Court will mail a copy of the docket and the Courts Order filed 7/31/2019 to Ms. Walters at 952 East 94th Street, Brooklyn, New York 11236. C/M to pro se plaintiff, Ms. Walters. Ordered by Magistrate Judge Vera M. Scanlon on 10/3/2019. (Shanies, Rachel)
September 24, 2019	Filing 138 Letter regarding Alisha Walters last known address, by Michael Lumer Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
August 22, 2019	ORDER: Jury selection will commence on March 30, 2020, with trial to follow immediately upon the selection of the jury, as timing permits. A final pretrial conference before Judge Vitaliano is set for March 25, 2020 at 2:30 p.m. in Courtroom 4C South. The deadlines set pursuant to Judge Scanlon's August 21, 2019 Order remain in effect. In addition, the parties are directed to file proposed jury instructions and a proposed verdict sheet on ECF by March 13, 2020, and to email Word versions of those proposals to vitaliano_chambers@nyed.uscourts.gov. Ordered by Judge Eric N. Vitaliano on 8/22/2019. (Syed, Sofie)
August 21, 2019	Filing 137 SCHEDULING ORDER: As discussed during the 8/21/2019 conference (see attached order for additional detail and deadlines), JPTO Hearing is set for 1/15/2020 at 2:15 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ms. Walters has failed to appear in this case for several years. Mr. Lumer will provide a last known address for Ms. Walters by 8/23/2019. The Court will issue an order to show cause as to whether she intends to continue as a party taking into account counsels' trial schedule. As to Pretrial preparation: Counsel to mutually exchange drafts by 12/20/2019. Counsel to exchange responses by 1/3/2020. Counsel to finalize JPTO draft by 1/10/2020. Motion in limine and other documents required by District Judge Rule V(B) due by 1/24/2020. Opposition to motion in limine due on 2/5/2020. Counsel request a jury trial date of 3/2/2020, 3/16/2020 or 3/30/2020. Counsel agree that claims remain against Hippolyte, Jarty and Nelson (excluded on #135 page 16). Counsel may update criminal histories continuing obligation to supplement disclosures. Defendants' counsel agree only unsealed information need be provided. Defendants to provide any public information or which they intend to rely. Ordered by Magistrate Judge Vera M. Scanlon on 8/21/2019. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Quinlan, Krista) Modified on 8/21/2019 (Quinlan, Krista).
August 21, 2019	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 8/21/2019 in Courtroom 13A South. Michael Lumer and Lonnie Hart, Jr. appearing for Plaintiffs. Elissa Jacobs and Joseph Zangrilli appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #10:57-11:42.) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Quinlan, Krista)
August 9, 2019	ORDER granting (136) Motion for Hearing. An in person Status Conference is set for 8/21/2019 at 11:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 8/9/2019. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Quinlan, Krista)
August 8, 2019	Filing 136 MOTION for Hearing by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael) Modified on 8/9/2019 to add motion. (Quinlan, Krista).
July 31, 2019	Filing 135 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, In line with the foregoing, the R&R is adopted, in its entirety, as the opinion of the Court. The moving Plaintiffs' #107 motion for partial summary judgment is denied. The BSGS defendants' #114 motion for summary judgment is granted as to Jones, but otherwise denied. Jones's claims are dismissed. Recapitulating, the following claims survive: the false arrest claims against the BSGS defendants, asserted by all remaining plaintiffs; the malicious prosecution and denial of the right to fair trial claims against the BSGS defendants, asserted by Thomas, Sears, Alcindor, Nyack, Cox, Dewar, Aime, Leemow, Fray, Browne, and McLeod; and the false arrest and malicious prosecution claims against Officer Skelton, asserted by Fray. The parties are directed to Judge Scanlon for further pre-trial management, including for a determination as to whether Alishea Walters has abandoned her claims, see supra note 1, and the scheduling of settlement and pre-trial conferences as to the remaining parties. (Ordered by Judge Eric N. Vitaliano on 7/4/19) C/M (Galeano, Sonia)
September 28, 2018	Filing 134 REPLY in Opposition re (131 in 1:14-cv-07513-ENV-VMS, 68 in 1:16-cv-04224-ENV-VMS) Objection to Report and Recommendations, filed by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, City of New York, William Russo. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
September 21, 2018	Filing 133 REPLY in Opposition re (69 in 1:16-cv-04224-ENV-VMS) Objection to Report and Recommendations, filed by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas, Harold Browne, Robert Cush, Dwayne Jones, Adolphus McCleod. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
September 14, 2018	Filing 132 OBJECTION to (66 in 1:16-cv-04224-ENV-VMS, 129 in 1:14-cv-07513-ENV-VMS) Report and Recommendations dated August 10, 2018 filed by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, City of New York, William Russo. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
September 14, 2018	Filing 131 OBJECTION to (66 in 1:16-cv-04224-ENV-VMS, 129 in 1:14-cv-07513-ENV-VMS) Report and Recommendations dated August 10, 2018, filed by Billy Hippolyte, Gary Jeanty, Matthew Nelson, Dwayne Jones. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
August 22, 2018	ORDER: The deadline to file objections to the August 10, 2018 Report and Recommendations is extended to September 14, 2018. Ordered by Judge Eric N. Vitaliano on 8/22/2018. (Syed, Sofie)
August 21, 2018	Filing 130 Joint MOTION for Extension of Time to File Response/Reply regarding objections to Report and Recommendations by City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, Peter Carretta, City of New York, William Russo. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
August 10, 2018	Filing 129 REPORT AND RECOMMENDATIONS re (51 in 1:16-cv-04224-ENV-VMS, 114 in 1:14-cv-07513-ENV-VMS) Notice of MOTION for Summary Judgment filed by William Russo, Joebian Ortiz, Peter Carretta, Gary Marcus, Alfredo Skelton, City of New York, (107 in 1:14-cv-07513-ENV-VMS, 44 in 1:16-cv-04224-ENV-VMS) MOTION for Summary Judgment by four of the plaintiffs (Cox, Hippolyte, Jeanty, and Nelson) filed by Ravin Cox, Billy Hippolyte, Matthew Nelson, Gary Jeanty. The Court has considered all of the arguments of the parties. For the foregoing reasons, this Court respectfully recommends that District Court deny the Moving Plaintiffs' motion for partial summary judgment and grant in part and deny in part Defendants' motion for summary judgment. The Court respectfully recommends that the claims by Plaintiff Jones be dismissed and judgment be entered in Defendants' favor as to him. Objections to R&R due by 8/24/2018Ordered by Magistrate Judge Vera M. Scanlon on 8/10/2018. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Pearce, Jessica)
May 2, 2018	Filing 128 JUDGMENT, That the Moving Pltffs' motion for attorneys' fees and cost is granted in part, and denied in part; and that the Moving Pltffs Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, and Brandon Thomas are awarded a total amount of $209,941.99. (Ordered by Jalitza Poveda, Deputy Clerk on 5/2/2018) c/m (Galeano, Sonia)
April 30, 2018	ORDER ADOPTING REPORT AND RECOMMENDATIONS. With notice given, no party has filed objections to the #126 report and recommendation in which Magistrate Judge Vera M. Scanlon concluded that plaintiffs' #88 motion for attorneys' fees and costs pursuant to the previously accepted Offers of Judgment, filed by Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, and Brandon Thomas (the "Moving Plaintiffs"), should be granted in part and denied in part. In accordance with the applicable clear-error standard of review, see Dafeng Hengwei Textile Co. v. Aceco Indus. & Commercial Corp., 54 F. Supp. 3d 279, 283 (E.D.N.Y. 2014), the Court carefully reviewed Magistrate Judge Scanlon's report and recommendation, and found it to be correct, well-reasoned, and free of any clear error. The Court, therefore, adopts it in its entirety as the opinion of the Court. Accordingly, the Moving Plaintiffs' #88 motion for attorneys' fees and costs is granted in part and denied in part, and the Moving Plaintiffs are awarded $202,875 in attorneys' fees and $7,066.99 in costs. The Moving Plaintiffs are directed to serve this Order on defendants.. Ordered by Judge Eric N. Vitaliano on 4/30/2018. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lifshitz, Esther)
February 28, 2018	ORDER REFERRING MOTION: #107 MOTION for Summary Judgment by four of the plaintiffs filed by Ravin Cox, Billy Hippolyte, Matthew Nelson, and Gary Jeanty and #114 Notice of MOTION for Summary Judgment filed by William Russo, Joebian Ortiz, Peter Carretta, Gary Marcus, Alfredo Skelton, and City of New York are respectfully referred to Magistrate Judge Vera M. Scanlon. Ordered by Judge Eric N. Vitaliano on 2/28/2018. (Lifshitz, Esther)
December 19, 2017	Filing 127 RESPONSE to Motion re (62 in 1:16-cv-04224-ENV-VMS, 126 in 1:14-cv-07513-ENV-VMS) REPORT AND RECOMMENDATIONS re (21 in 1:16-cv-04224-ENV-VMS, 88 in 1:14-cv-07513-ENV-VMS) MOTION for Attorney Fees and costs pursuant to the previously accepted Offers of Judgment filed by Dwyte Pilgrim, Alonzo Sealey, Brandon Thomas, Ryan , respectfully requesting that the R&R be adopted in its entirety and judgment entered accordingly, filed by Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
December 1, 2017	Filing 126 ORDER REPORT AND RECOMMENDATIONS re ( #21 in 1:16-cv-04224-ENV-VMS, #88 in 1:14-cv-07513-ENV-VMS) MOTION for Attorney Fees and costs pursuant to the previously accepted Offers of Judgment. For these reasons, the Court respectfully recommends that the District Judge grant in part and deny in part the Moving Plaintiffs' motion for attorneys' fees and costs, and award the Moving Plaintiffs $202,875 in attorneys' fees (including $8,775 for the 19.5 hours expended briefing the instant motion) and $7,066.99 in costs for a total of $209,942.99. Objections to R&R due by 12/15/2017. Ordered by Magistrate Judge Vera M. Scanlon on 12/1/2017. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Pearce, Jessica)
November 30, 2017	Filing 125 JUDGMENT in favor of Ryan Clyne against City of New York. That judgment is hereby entered pursuant to Rule 68 of the FRCP in favor of Pltff Ryan Clyne and against the City of NY in the total sum of $5,001.00, plus reasonable attorneys' fees, expenses, and costs. (Must See Judgment for further details) Ordered by Jalitza Poveda, Deputy Clerk on 11/30/17) c/m (Galeano, Sonia)
October 24, 2017	Filing 124 REPLY in Support re (51 in 1:16-cv-04224-ENV-VMS, 114 in 1:14-cv-07513-ENV-VMS) Notice of MOTION for Summary Judgment filed by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, City of New York. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
October 24, 2017	Filing 123 AFFIDAVIT/DECLARATION in Opposition re (114 in 1:14-cv-07513-ENV-VMS, 51 in 1:16-cv-04224-ENV-VMS) Notice of MOTION for Summary Judgment Part 2 filed by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Kettrles, Jobe Leemow, Matthew Nelson, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas, Alishea Walters, Harold Browne, Robert Cush, Dwayne Jones, Adolphus McCleod. (Attachments: #1 Exhibit 18, #2 Exhibit 19, #3 Exhibit 20, #4 Exhibit 21, #5 Exhibit 22, #6 Exhibit 23, #7 Exhibit 24, #8 Exhibit 25, #9 Exhibit 26, #10 Exhibit 27, #11 Exhibit 28, #12 Exhibit 29, #13 Exhibit 30, #14 Exhibit 31, #15 Exhibit 32, #16 Exhibit 33, #17 Exhibit 34, #18 Exhibit 35) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
October 24, 2017	Filing 122 AFFIDAVIT/DECLARATION in Opposition re (114 in 1:14-cv-07513-ENV-VMS, 51 in 1:16-cv-04224-ENV-VMS) Notice of MOTION for Summary Judgment Part 1 filed by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Kettrles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Milton Sears, Brandon Thomas, Tevon Thomas, Alishea Walters, Harold Browne, Robert Cush, Dwayne Jones, Adolphus McCleod. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
October 24, 2017	Filing 121 RULE 56.1 STATEMENT re (51 in 1:16-cv-04224-ENV-VMS, 114 in 1:14-cv-07513-ENV-VMS) Notice of MOTION for Summary Judgment filed by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Kettrles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas, Alishea Walters, Harold Browne, Robert Cush, Dwayne Jones, Adolphus McCleod. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
October 24, 2017	Filing 120 MEMORANDUM in Opposition re (51 in 1:16-cv-04224-ENV-VMS, 114 in 1:14-cv-07513-ENV-VMS) Notice of MOTION for Summary Judgment filed by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Kettrles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas, Alishea Walters, Harold Browne, Robert Cush, Dwayne Jones, Michael Lumer, Adolphus McCleod. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
October 24, 2017	Filing 119 AFFIDAVIT/DECLARATION in Support re (114 in 1:14-cv-07513-ENV-VMS, 51 in 1:16-cv-04224-ENV-VMS) Notice of MOTION for Summary Judgment Part 3 filed by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, City of New York. (Attachments: #1 Exhibit AAA, #2 Exhibit BBB, #3 Exhibit CCC, #4 Exhibit DDD, #5 Exhibit EEE, #6 Exhibit FFF, #7 Exhibit GGG, #8 Exhibit HHH, #9 Exhibit III, #10 Exhibit JJJ) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
October 24, 2017	Filing 118 AFFIDAVIT/DECLARATION in Support re (114 in 1:14-cv-07513-ENV-VMS, 51 in 1:16-cv-04224-ENV-VMS) Notice of MOTION for Summary Judgment Part 2 filed by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, City of New York. (Attachments: #1 Exhibit AA, #2 Exhibit BB, #3 Exhibit CC, #4 Exhibit DD, #5 Exhibit EE, #6 Exhibit FF, #7 Exhibit GG, #8 Exhibit HH, #9 Exhibit II, #10 Exhibit JJ, #11 Exhibit KK, #12 Exhibit LL, #13 Exhibit MM, #14 Exhibit NN, #15 Exhibit OO, #16 Exhibit PP, #17 Exhibit QQ, #18 Exhibit RR, #19 Exhibit SS, #20 Exhibit TT, #21 Exhibit UU, #22 Exhibit VV, #23 Exhibit WW, #24 Exhibit XX, #25 Exhibit YY, #26 Exhibit ZZ) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
October 24, 2017	Filing 117 AFFIDAVIT/DECLARATION in Support re (114 in 1:14-cv-07513-ENV-VMS, 51 in 1:16-cv-04224-ENV-VMS) Notice of MOTION for Summary Judgment filed by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
October 24, 2017	Filing 116 RULE 56.1 STATEMENT re (51 in 1:16-cv-04224-ENV-VMS, 114 in 1:14-cv-07513-ENV-VMS) Notice of MOTION for Summary Judgment filed by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, City of New York. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
October 24, 2017	Filing 115 MEMORANDUM in Support re (51 in 1:16-cv-04224-ENV-VMS, 114 in 1:14-cv-07513-ENV-VMS) Notice of MOTION for Summary Judgment filed by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, City of New York. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
October 24, 2017	Filing 114 Notice of MOTION for Summary Judgment by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton, City of New York. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Zangrilli, Joseph)
October 24, 2017	Filing 113 REPLY in Support re (44 in 1:16-cv-04224-ENV-VMS) MOTION for Summary Judgment by four of the plaintiffs (Cox, Hippolyte, Jeanty, and Nelson) filed by Ravin Cox, Billy Hippolyte, Gary Jeanty, Matthew Nelson. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
October 24, 2017	Filing 112 RULE 56.1 STATEMENT re (107 in 1:14-cv-07513-ENV-VMS, 44 in 1:16-cv-04224-ENV-VMS) MOTION for Summary Judgment by four of the plaintiffs (Cox, Hippolyte, Jeanty, and Nelson) by defendants, filed by Ravin Cox, Billy Hippolyte, Gary Jeanty, Matthew Nelson. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
October 24, 2017	Filing 111 MEMORANDUM in Opposition re (44 in 1:16-cv-04224-ENV-VMS) MOTION for Summary Judgment by four of the plaintiffs (Cox, Hippolyte, Jeanty, and Nelson) by defendants, filed by Ravin Cox, Billy Hippolyte, Gary Jeanty, Matthew Nelson. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
October 24, 2017	Filing 110 AFFIDAVIT/DECLARATION in Support re (44 in 1:16-cv-04224-ENV-VMS) MOTION for Summary Judgment by four of the plaintiffs (Cox, Hippolyte, Jeanty, and Nelson) filed by Ravin Cox, Billy Hippolyte, Gary Jeanty, Matthew Nelson. (Attachments: #1 Exh 1: Ortiz dep excerpts, #2 Exh 2: External photo, #3 Exh 3: External photo, #4 Exh 4: Satellite photo, #5 Exh 5: Search warrant, #6 Exh 6: Skelton dep excerpts, #7 Exh 7: Russo dep excerpts, #8 Exh 8: Tactical plan, #9 Exh 9: ESU Warrant Exec Supp. Report, #10 Exh 10: Marcus dep excerpts, #11 Exh 11: Def interrogatory responses, #12 Exh 12: 11/10/15 Conference transcript excerpts, #13 Exh 13: Cox dep excerpts, #14 Exh 14: Cox criminal court complaint, #15 Exh 15: Cox arrest report, #16 Exh 16: KCDA Complaint Room screening sheet, #17 Exh 17: Cox criminal court record, #18 Exh 18: Cox Certificate of Disposition, #19 Exh 19: Nelson dep excerpts, #20 Exh 20: Hippolyte dep excerpts, #21 Exh 21: Jeanty dep excerpts) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
October 24, 2017	Filing 109 RULE 56.1 STATEMENT re (107 in 1:14-cv-07513-ENV-VMS, 44 in 1:16-cv-04224-ENV-VMS) MOTION for Summary Judgment by four of the plaintiffs (Cox, Hippolyte, Jeanty, and Nelson) filed by Ravin Cox, Billy Hippolyte, Gary Jeanty, Matthew Nelson. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
October 24, 2017	Filing 108 MEMORANDUM in Support re (44 in 1:16-cv-04224-ENV-VMS) MOTION for Summary Judgment by four of the plaintiffs (Cox, Hippolyte, Jeanty, and Nelson) filed by Ravin Cox, Billy Hippolyte, Gary Jeanty, Matthew Nelson. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
October 24, 2017	Filing 107 MOTION for Summary Judgment by four of the plaintiffs (Cox, Hippolyte, Jeanty, and Nelson) by Ravin Cox, Billy Hippolyte, Gary Jeanty, Matthew Nelson. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
October 5, 2017	ORDER granting #106 Motion for Extension of Time to File Response/Reply. Defendants' motion #106 , on consent, is granted. The briefing and filing schedule proposed by the parties at #106 is approved and adopted by the Court. Ordered by Judge Eric N. Vitaliano on 10/5/2017. (Lifshitz, Esther)
October 4, 2017	Filing 106 MOTION for Extension of Time to File Response/Reply by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton. (Jacobs, Elissa)
September 22, 2017	ORDER granting, on consent, Motion for Extension of Time to File Response/Reply. The briefing and filing schedule proposed in the September 21, 2017 letter is approved and adopted by the Court. Ordered by Judge Eric N. Vitaliano on 9/22/2017. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Penny, Matthew)
September 21, 2017	Filing 105 Consent MOTION for Extension of Time to File Response/Reply and serve opposition papers for the parties' duel motions for summary judgment by one business day, by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
September 5, 2017	Filing 104 MOTION for Extension of Time to File Response/Reply to motions for summary judgment by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton. (Jacobs, Elissa)
September 5, 2017	ORDER granting #104 Motion for Extension of Time to File Response/Reply. Defendants' motion #104 , on consent, is granted. The briefing and filing schedule proposed by the parties at #104 is approved and adopted by the Court. Ordered by Judge Eric N. Vitaliano on 9/5/2017. (Lifshitz, Esther)
August 1, 2017	ORDER granting #103 Motion for Extension of Time to File Response/Reply. Plaintiffs' motion #103 , on consent, is granted. The briefing and filing schedule proposed by the parties at #103 is approved and adopted by the Court. Ordered by Judge Eric N. Vitaliano on 8/1/2017. (Simeone, Julie)
July 31, 2017	Filing 103 Consent MOTION for Extension of Time to File Response/Reply , serve papers in opposition to the competing motions for summary judgment, by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
July 27, 2017	ORDER: By motion at #25 , Plaintiffs sought documents that may relate to whether the Defendants had reason to believe Plaintiffs were gang-affiliated. Defendants opposed the motion, raised the law enforcement privilege, and submitted certain documents for the Court's in camera review, which the Court has completed. In this Order, it is not the Court's intent to confirm or refute whether the submitted documents contain the requested information, but rather, to discuss the parameters by which the Defendants must provide such information.There is no doubt that the question of any reference to gang affiliation or membership is likely to be a hotly contested issue in preparation for or at any trial in this case. It may well be that Plaintiffs, rather than seeking information about gang membership or affiliation, will be seeking to exclude it, and that Defendants will be seeking to offer the same information. See Ramos v. Trifone, No. 11 Civ. 679, 2015 WL 6509114, at 6-7 (D. Conn. Oct. 28, 2015); Anderson v. City of Chicago, No. 09 Civ. C 2311, 2010 WL 4811937 (N.D. Ill. Nov. 9, 2010) (granting motion in limine to exclude reference to plaintiff's gang membership in Section 1983 trial) (citing cases). This is because "[e]vidence that a defendant is a member of a gang can be highly prejudicial...." United States v. Nelson, 103 F. Supp. 2d 512, 513 (N.D.N.Y. 1999). Alleged membership in certain gangs may be even more prejudicial than general gang membership, in part because certain street gangs have numerous negative associations in popular culture. See United States v. Price, No. 05 Cr. 492, 2009 WL 973370, at 2 (E.D.N.Y. Apr. 10, 2009), as clarified, 2009 WL 1010483 (E.D.N.Y. Apr. 14, 2009).The leading case on the "law enforcement privilege" is found in the Second Circuit's decision, In re City of New York, 607 F.3d 923 (2d Cir. 2010). First, the party asserting the law enforcement privilege bears the burden of showing that the privilege indeed applies to the documents at issue. Id. at 948. This may be done by showing "that the documents contain information that the law enforcement privilege is intended to protect." Id. The law enforcement privilege encompasses: (1) information pertaining to law enforcement techniques and procedures; (2) information that undermines the confidentiality of sources; (3) information that would endanger witnesses and law enforcement personnel; (4) information that would undermine the privacy of individuals involved in an investigation; or information that would seriously impair the ability of law enforcement agencies to conduct future investigations. Id. (internal citations & quotations omitted); see United States v. Amodeo, 44 F.3d 141, 147 (2d. Cir. 1995). Although a "strong presumption" exists against lifting the law enforcement privilege if it applies, the privilege is a qualified, not absolute, privilege, and the district court must "balance the public interest in nondisclosure... against the need of a particular litigant for access to the privileged information." See In re City of New York, 607 F.3d at 945 (internal citation & quotation marks omitted). To lift the privilege, the party seeking the information must show: 1) that the suit is non-frivolous and brought in good faith; 2) that the information sought is not available through other discovery or from other sources; and 3) that the party has a compelling need for the privileged information. Id. (citing Friedman v. Bache Halsey Stuart Shields, Inc., 738 F.2d 1336, 1343 (D.C. Cir. 1984)). "Whether the showing of need rises to the requisite level is a discretionary determination which necessarily must be made on a case-by-case basis." Herman v. Crescent Publ'g Group, Inc., No. 00 Civ. 1665, 2000 WL 1371311, at 2 (S.D.N.Y. Sept. 21, 2000) (internal citations omitted). If the presumption against disclosure is successfully rebutted, only then will the court weigh the interest in non-disclosure against the need for access to the privileged information. See In re City of New York, 607 F.3d at 948. The Second Circuit noted that "[t]o assess both the applicability of the privilege and the need for the documents, the district court must ordinarily review the documents in question." Id. A review of the subject documents shows that the law enforcement privilege applies because of the nature of the police-generated documents and the need to protect substantive information in the documents. The question to answer here is whether Plaintiffs have shown a compelling need for access to the documents or to certain information that may be contained therein. On the Court's review of the submitted materials and the parties' arguments, Plaintiffs have only shown a compelling need for confirmation as to whether or not any of Plaintiffs' names are listed as gang-affiliated (either confirmed or suspected) in the NYPD records available to Defendants. This is because whether Detective Ortiz or other Defendants had a reasonable belief as to the alleged gang membership or affiliation of some of the Plaintiffs would be a relevant fact in assessing whether they had probable cause to arrest Plaintiffs. Certain evidence might have a different significance in the context of gang activity than it would without that nexus. See, e.g., Case v. Town of Cicero, 10 C 7392, 2013 WL 5645780, at 5 (N.D. Ill. Oct. 16, 2013) (excluding information about plaintiffs' gang membership because "[d]efendants have not explained why gang symbols have a direct relationship to [p]laintiffs' claims. It is true that the [d]efendant officers may have been on heightened alert; they were members of the police gang unit and may have recognized gang symbols in the home."). For example, the alleged presence of drugs, of indicia of gambling, or of a gun might have been viewed differently when thought to be associated with gang activity. Certain actions taken by Plaintiffs at the scene might have had a different significance if viewed in the light of a concern that a Plaintiff was a gang member or affiliate. See, e.g., Martinez v. City of Chicago, No. 07 Civ. 422, 2009 WL 3462052, at 4 (N.D. Ill. Oct. 23, 2009); cf. Messerschmidt v. Millender, 132 S. Ct. 1235, 1246-1248 (2012) (in context of qualified immunity analysis for search warrant, it would not have been unreasonable for an officer to believe that gang affiliation evidence would relate to probable cause for prosecution of gang member in a possibly domestic dispute; "Moreover, even if this were merely a domestic dispute, a reasonable officer could still conclude that gang paraphernalia found at the Millenders' residence would aid in the prosecution of Bowen by, for example, demonstrating Bowen's connection to other evidence found there."); U.S. v. Williams, No. 13 CR 764, 2015 WL 3863860, at 3-4 (N.D. Cal. June 22, 2015) (considering, inter alia, that defendant was traveling with a known gang associate as a relevant fact in determining that there was probable cause for search of a vehicle); U.S. v. Cobb, No. 12 CR 53, 2012 WL 7150434, at 15 (E.D. Tenn. Dec. 27, 2012) (locating a gun and drugs in car, and two cell phones on defendant, along with defendant's "well-known history of drug and gang activity" was sufficient to establish probable cause that the gun was evidence of a crime); U.S. v. Duque, No. 09 CR 265, 2009 WL 3698127, at 5 (W.D. Ok. No. 2, 2009) (after the officer stopped the defendant's truck, the officer's observance of the odor of marijuana and the presence of a marijuana bud, combined with the officer's knowledge regarding the defendant as a gang member, was sufficient to cause him to believe that the defendant was engaged in criminal activity involving marijuana). Plaintiffs have not shown a need for the actual materials submitted for in camera review because the relevant question is whether materials with gang-affiliation information about any of the Plaintiffs were available to and reviewed by Defendants, and if so, as to which Plaintiff or Plaintiffs that information was available and reviewed. The substantive details of the documents are not relevant to Plaintiffs' inquiry. Accordingly, by affidavit, within 30 days of the date of this Order, an appropriate representative of the NYPD is to state which, if any, of the Plaintiffs were identified as gang-affiliated (either suspected or confirmed) in the materials that were submitted to the Court for in camera review. The Court's expectation is that should the issue be raised at trial and if permitted by the trial judge, a party could offer the affidavit at trial; the affidavit thus should be complete enough for this purpose. The affidavit may be provided pursuant to the confidentiality order. Defendants' counsel may contact chambers to retrieve the materials that were submitted for in camera review. Ordered by Magistrate Judge Vera M. Scanlon on 7/27/2017. (Quinlan, Krista)
July 6, 2017	ORDER. Plaintiffs' motion #102 is granted. Plaintiffs' memorandum of law in support of their motion for summary judgment, served on July 3, 2017, is deemed timely, nunc pro tunc. The remaining briefing schedule is modified such that the parties' opposition papers shall be served on or before August 7, 2017, with any replies, and the filing of the motions via ECF, on or before August 21, 2017. Ordered by Judge Eric N. Vitaliano on 7/6/2017. (Simeone, Julie)
July 5, 2017	Filing 102 Consent MOTION for Extension of Time to File or serve (i) the Thomas plaintiffs' memorandum of law to July 3, nunc pro tunc, and (ii) extend the remaining briefing schedule by one business day, by Ravin Cox, Billy Hippolyte, Gary Jeanty, Matthew Nelson. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
June 28, 2017	ORDER granting #101 Motion for Leave to File Excess Pages. Defendants' motion for leave to file excess pages is granted. Both parties are permitted 5 additional pages. Ordered by Judge Eric N. Vitaliano on 6/28/2017. (Simeone, Julie)
June 27, 2017	Filing 101 Second MOTION for Leave to File Excess Pages by City of New York. (Jacobs, Elissa)
June 6, 2017	Filing 100 First MOTION for Extension of Time to File Summary Judgment Motion, First MOTION for Leave to File Excess Pages for Memorandum of Law by City of New York. (Zangrilli, Joseph)
June 6, 2017	ORDER. Defendants' motion #100 , on consent, for an extension is granted. Moving papers will be served on or before June 30, 2017; opposition papers will be served on or before August 4, 2017; and any reply papers will be served on or before August 18, 2017, and the fully briefed motions filed via ECF, in accordance with the Court's Individual Rule III.D. No further extensions will be granted.The parties' joint request that each party be allowed an additional 10 pages for their moving papers is granted. Ordered by Judge Eric N. Vitaliano on 6/6/2017. (Simeone, Julie)
May 24, 2017	Order Certifying Discovery is complete. Per the letter at #99 , discovery is certified as complete. Ordered by Magistrate Judge Vera M. Scanlon on 5/24/2017. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Quinlan, Krista)
May 23, 2017	Filing 99 STATUS REPORT by all parties confirming that discovery is complete, by Herby Aime, David A. Alcindor, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
May 15, 2017	Filing 98 Letter with courtesy copies of motion papers, by Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, Brandon Thomas Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
May 15, 2017	Filing 97 AFFIDAVIT/DECLARATION in Opposition re (21 in 1:16-cv-04224-ENV-VMS, 88 in 1:14-cv-07513-ENV-VMS) MOTION for Attorney Fees and costs pursuant to the previously accepted Offers of Judgment by Elissa Jacobs, filed by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton. (Attachments: #1 Exh A: Rule 68 Offer to Alonzo Sealey, #2 Exh B: Rule 68 Offer to Ali Kettrels, #3 Exh C: Rule 68 Offer to Dwight Pilgrim, #4 Exh D: Rule 68 Offer to Brandon Thomas, #5 Exh E: Rule 68 Offer to Ryan Clyne, #6 Exh F: Rule 68 Offer to Lloyd Henry, #7 Exh G: Transcript of deposition of Ravin Cox) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
May 15, 2017	ORDER granting #96 , nunc pro tunc, plaintiffs' request for an extension until May 15, 2017 to complete the electronic filing of defendants' Declaration of Counsel in opposition and accompanying exhibits. Ordered by Judge Eric N. Vitaliano on 5/15/2017. (Simeone, Julie)
May 15, 2017	ORDER REFERRING MOTION: The motion for attorneys' fees #88 is respectfully referred to Magistrate Judge Vera M. Scanlon. Ordered by Judge Eric N. Vitaliano on 5/15/2017. Motions referred to Vera M. Scanlon. (Simeone, Julie)
May 12, 2017	Filing 96 MOTION for Extension of Time to File defendants Declaration of Counsel and accompanying exhibits in opposition to plaintiffs' motion for legal fees and costs by Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, Brandon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
May 12, 2017	Filing 95 REPLY in Support re (21 in 1:16-cv-04224-ENV-VMS, 88 in 1:14-cv-07513-ENV-VMS) MOTION for Attorney Fees and costs pursuant to the previously accepted Offers of Judgment , Reply Memorandum of Law in further support, filed by Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, Brandon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
May 12, 2017	Filing 94 REPLY in Support re (21 in 1:16-cv-04224-ENV-VMS, 88 in 1:14-cv-07513-ENV-VMS) MOTION for Attorney Fees and costs pursuant to the previously accepted Offers of Judgment , Declaration of Michael Lumer in further support, filed by Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, Brandon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
May 12, 2017	Filing 93 MEMORANDUM in Opposition re (21 in 1:16-cv-04224-ENV-VMS, 88 in 1:14-cv-07513-ENV-VMS) MOTION for Attorney Fees and costs pursuant to the previously accepted Offers of Judgment filed by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
May 12, 2017	Filing 92 MEMORANDUM in Support re (21 in 1:16-cv-04224-ENV-VMS, 88 in 1:14-cv-07513-ENV-VMS) MOTION for Attorney Fees and costs pursuant to the previously accepted Offers of Judgment filed by Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, Brandon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
May 12, 2017	Filing 91 AFFIDAVIT/DECLARATION in Support re (21 in 1:16-cv-04224-ENV-VMS, 88 in 1:14-cv-07513-ENV-VMS) MOTION for Attorney Fees and costs pursuant to the previously accepted Offers of Judgment by Khalil El Assaad, Esq., filed by Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, Brandon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
May 12, 2017	Filing 90 AFFIDAVIT/DECLARATION in Support re (21 in 1:16-cv-04224-ENV-VMS, 88 in 1:14-cv-07513-ENV-VMS) MOTION for Attorney Fees and costs pursuant to the previously accepted Offers of Judgment by James Neville, Esq., filed by Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, Brandon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
May 12, 2017	Filing 89 AFFIDAVIT/DECLARATION in Support re (21 in 1:16-cv-04224-ENV-VMS, 88 in 1:14-cv-07513-ENV-VMS) MOTION for Attorney Fees and costs pursuant to the previously accepted Offers of Judgment by Michael Lumer, Esq., filed by Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, Brandon Thomas. (Attachments: #1 Exhibit 1: Michael Lumer time records, #2 Exhibit 2: James Neville time records, #3 Exhibit 3: Chaya Gourarie time records, #4 Exhibit 4: Khalil El Assaad time records, #5 Exhibit 5: Jessica Alfarone time records, #6 Exhibit 6: Chiara Montalto time records, #7 Exhibit 7: AAA Process Server invoices, #8 Exhibit 8: Veritext Court Reporters invoices, #9 Exhibit 9: QIS Duplicating Services invoice) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
May 12, 2017	Filing 88 MOTION for Attorney Fees and costs pursuant to the previously accepted Offers of Judgment by Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, Brandon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
April 24, 2017	ORDER granting #87 Motion for Extension of Time to File. Defendants must oppose Plaintiffs' motion for attorneys' fees by May 5, 2017. Plaintiffs must reply, if they wish to do so, by May 12, 2017. All papers should be filed together in one bundle on May 12, 2017. Ordered by Magistrate Judge Vera M. Scanlon on 4/24/2017. (Miller, Hannah)
April 21, 2017	Filing 87 MOTION for Extension of Time to File response to plaintiffs' motion for fees by City of New York. (Jacobs, Elissa)
April 13, 2017	Filing 86 Letter seeking clarification/modification of Feb. 22, 2017, scheduling order, by Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, Brandon Thomas Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
April 13, 2017	ORDER clarifying that Plaintiffs' fees motion will be deemed timely if served, not filed, on the due date (4/14/17). The motion, along with Defendants' response, should be filed together in one "bundle" on the date the final response is due (4/28/17). Ordered by Magistrate Judge Vera M. Scanlon on 4/13/2017. (Gersovitz, Ryan)
March 2, 2017	Filing 85 Letter in response to the Court's Order of March 1, 2017 by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton (Jacobs, Elissa)
February 28, 2017	Filing 84 ORDER: As discussed during the 2/28/2017 conference (see attached order for additional detail and deadlines), on or before 5/22/2017, the Parties will file a joint status report letter confirming that discovery is complete. Ryan Clyne has accepted the Rule 68 offer, which has not yet been entered as a judgment. The briefing schedule for the summary judgment motions: the initial motion to be served by 6/16/2017; opposition to be served by 7/21/2017; reply to be served by 8/4/2017. By 3/3/2017, Defendants will update their position as to law enforcement privilege. Ordered by Magistrate Judge Vera M. Scanlon on 2/28/17. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Quinlan, Krista)
February 28, 2017	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 2/28/2017 in Room 504 North. Michael Lumer appearing for Plaintiffs. Elissa Jacobs appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #4:35-5:35.) Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Quinlan, Krista)
February 23, 2017	ORDER: In light of the accepted Rule 68 offers, during the upcoming conference, counsel should be prepared to discuss whether a decision concerning the production of the materials submitted for in camera review is still necessary. Counsel should also be prepared to discuss a detailed schedule to conclude discovery in the consolidated cases. Ordered by Magistrate Judge Vera M. Scanlon on 2/23/2017. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Scanlon, Vera)
February 22, 2017	ORDER granting (83) Motion for Extension of Time to File. Plaintiffs Brandon Thomas, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, Ryan Clyne, and Lloyd Henry must move for legal fees and costs pursuant to the Offers of Judgment on or before 4/14/2017. Defendants' opposition is due 4/28/2017. Ordered by Magistrate Judge Vera M. Scanlon on 2/22/2017. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Gersovitz, Ryan)
February 21, 2017	Filing 83 Consent MOTION for Extension of Time to File motion for fees and costs pursuant to the accepted Offers of Judgment, by Ryan Clyne, Lloyd Henry, Ali Kettrles, Dwyte Pilgrim, Alonzo Sealey, Brandon Thomas. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lumer, Michael)
February 21, 2017	Filing 82 CLERK'S JUDGMENT that judgment is hereby entered pursuant to Rule 68 of the Federal Rules of Civil Procedure in favor of Plaintiff Lloyd Henry and against the City of New York in the total sum of Five Thousand and One ($5,001.00) Dollars, plus reasonable attorneys' fees, expenses, and costs. Signed Douglas C. Palmer, Clerk of Court by Janet Hamilton, Deputy Clerk on 2/17/2017. (Lee, Tiffeny)
February 21, 2017	Filing 81 (RULE 68) CLERK'S JUDGMENT that judgment is hereby entered pursuant to Rule 68 of the Federal Rules of Civil Procedure in favor of Plaintiff Dwyte Pilgrim and against the City of New York in the total sum of Five Thousand and One ($5,001.00) Dollars, plus reasonable attorneys' fees, expenses, and costs. Signed Douglas C. Palmer, Clerk of Court by Janet Hamilton, Deputy Clerk on 2/17/2017. (Lee, Tiffeny)
February 21, 2017	Filing 80 (RULE 68) CLERK'S JUDGMENT that judgment is hereby entered pursuant to Rule 68 of the Federal Rules of Civil Procedure in favor of Plaintiff Brandon Thomas and against the City of New York in the total sum of Five Thousand and One ($5,001.00) Dollars, plus reasonable attorneys fees, expenses, and costs. Signed Douglas C. Palmer, Clerk of Court by Janet Hamilton, Deputy Clerk on 2/17/2017. (Lee, Tiffeny)
February 17, 2017	Filing 79 (RULE 68) CLERK'S JUDGMENT that judgment is hereby entered pursuant to Rule 68 of the Federal Rules of Civil Procedure in favor of Plaintiff Alonzo Sealey and against the City of New York in the total sum of Five Thousand and One ($5,001.00) Dollars, plus reasonable attorneys' fees, expenses, and costs. Signed Douglas C. Palmer, Clerk of Court by Janet Hamilton, Deputy Clerk on 2/16/2017. (Lee, Tiffeny)
February 17, 2017	Filing 78 (RULE 68) CLERK'S JUDGMENT that judgment is hereby entered pursuant to Rule 68 of the Federal Rules of Civil Procedure in favor of Plaintiff Ali Kettrles and against the City of New York in the total sum of Ten Thousand and One ($10,001.00) Dollars, plus reasonable attorneys' fees, expenses, and costs. Signed Douglas C. Palmer, Clerk of Court by Janet Hamilton, Deputy Clerk on 2/16/2017. (Lee, Tiffeny)
February 17, 2017	SCHEDULING ORDER: A Status Conference is set for 2/28/2017 at 04:30 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 2/17/2017. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Gersovitz, Ryan)
February 16, 2017	Filing 77 Letter Conference for Consolidated Cases by City of New York (Zangrilli, Joseph)
February 14, 2017	Case Consolidated. Associated Cases: 1:14-cv-07513-ENV-VMS, 1:16-cv-04224-ENV-VMS (Lee, Tiffeny)
February 14, 2017	ORDER. On February 8, 2017, counsel for defendants in Thomas v. City of New York (14-cv-7513 (ENV)(VMS)) and Browne v. City of New York (16-cv-4224 (FB)(RML)) made a joint application to this Court #74 , requesting a pre-motion conference to consolidate the above-referenced cases pursuant to Federal Rule of Civil Procedure 42. Counsel for the Thomas defendants also requested an adjournment of the summary judgment motion schedule currently in place in that matter, whereby cross motions were to be exchanged on Friday, February 17, 2017.The Browne plaintiffs consent to defendants' request to consolidate the two matters #74 . Plaintiffs in the Thomas matter, however, object to defendants' consolidation and adjournment requests #75 , citing, among other reasons, the unfairness that would result from consolidating the cases on the eve of summary judgment filings, and from consolidating a matter such as Thomas (where discovery has been completed) with Browne (where discovery has not begun).The Court would be remiss not to acknowledge that defendants' request comes only 9 days before the parties in Thomas were scheduled to exchange moving papers, a date that was jointly proposed by the parties on January 6, 2017 #68 . It also bears noting that the Browne matter has been pending in the Eastern District of New York since July 2016. However, given the undisputed fact that the plaintiffs in both cases were arrested by the same members of the New York City Police Department on May 15, 2014 when a search warrant was executed at 641 East 59th Street in Brooklyn, the Court concludes that "common questions of law or fact" are likely to predominate, and that "considerations of judicial economy favor consolidation." Fed. R. Civ. P. 42(a); Johnson v. Celotex Corp., 899 F.2d 1281, 1285 (2d Cir. 1990); see also Internet Law Library, Inc. v. Southridge Capital Mgmt., LLC, 208 F.R.D. 59, 62 (S.D.N.Y. 2002). Moreover, any delay can be minimalized, since defendants have consented to, "an expeditious 90-day discovery schedule in the Browne matter[.]" #74 . Defendants have also represented that, subject to the appropriate protective orders, they "are prepared to provide counsel in the Browne matter with the discovery exchanged during Thomas as well as copies of the transcripts of the depositions taken" in that case #74 .Accordingly, the Order adopting the motion schedule in Thomas, see 12/19/2016 Order, is hereby vacated. If, upon conclusion of discovery in the consolidated matter, any party wishes to make a motion for summary judgment, permission to submit a joint briefing schedule is granted.Counsel for plaintiffs and defendants in the Thomas and Browne matters are further directed to jointly contact the chambers of Magistrate Judge Scanlon by 2/16/2017 to schedule a status conference. Ordered by Judge Eric N. Vitaliano on 2/14/2017. (Simeone, Julie)
February 13, 2017	Filing 76 NOTICE of Acceptance with Offer of Judgment by Ryan Clyne (Attachments: #1 Rule 68 Offer of Judgment) (Lumer, Michael)
February 13, 2017	Filing 75 RESPONSE to Motion re #74 First MOTION for Extension of Time to File summary judgment motions MOTION for pre motion conference regarding defendants' proposed motion to consolidate filed by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Milton Sears, Tevon Thomas. (Lumer, Michael)
February 8, 2017	Filing 74 First MOTION for Extension of Time to File summary judgment motions, MOTION for pre motion conference regarding defendants' proposed motion to consolidate by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton. (Jacobs, Elissa)
February 8, 2017	ORDER. On or before 2/13/2017, counsel for plaintiffs in Thomas et al v. City of New York et al, 14-cv-7513, shall provide any opposition to defendants' motion for extension of time to file summary judgment motions and for a pre-motion conference regarding defendants' proposed motion to consolidate #74 . Ordered by Judge Eric N. Vitaliano on 2/8/2017. (Simeone, Julie)
February 6, 2017	Filing 73 NOTICE of Acceptance with Offer of Judgment by Lloyd Henry (Attachments: #1 Rule 68 Offer of Judgment for Lloyd Henry) (Lumer, Michael)
February 3, 2017	Filing 72 NOTICE of Acceptance with Offer of Judgment by Dwyte Pilgrim (Attachments: #1 Rule 68 Offer of Judgment) (Lumer, Michael)
February 3, 2017	Filing 71 NOTICE of Acceptance with Offer of Judgment by Brandon Thomas (Attachments: #1 Rule 68 Offer of Judgment) (Lumer, Michael)
February 3, 2017	Filing 70 NOTICE of Acceptance with Offer of Judgment by Alonzo Sealey (Attachments: #1 Rule 68 Offer of Judgment) (Lumer, Michael)
February 3, 2017	Filing 69 NOTICE of Acceptance with Offer of Judgment by Ali Ketterles (Attachments: #1 Rule 68 Offer of Judgment) (Lumer, Michael)
January 6, 2017	Filing 68 Letter with proposed joint scheduling order by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton (Jacobs, Elissa)
January 6, 2017	SCHEDULING ORDER: The briefing schedule proposed at #68 is approved and adopted. The parties are reminded that all papers are to be filed in accordance with the Court's Bundling Rule as set forth in the Court's Individual Rule III.D. Ordered by Judge Eric N. Vitaliano on 1/6/2017. (Simeone, Julie)
December 19, 2016	ORDER denying #64 Motion for Pre-Motion Conference; denying #66 Motion for Pre-Motion Conference.Having reviewed the parties' submissions, the Court finds that no pre-motion conference is necessary, but plaintiffs and defendants may proceed with their motions for summary judgment as outlined below. The parties are to file a joint proposed motion schedule by 1/6/2017 for the Court's approval. As to defendants' motion for summary judgment #66 , the schedule should include proposed dates for (1) service of defendants' motion for summary judgment as to all claims; (2) service of plaintiffs' opposition to defendants' motion; and (3) service of defendants' reply and, accordingly, the filing of all motion papers on ECF in accordance with the Court's Individual Rule III.D. Plaintiffs represent that they intend to move for summary judgment only with respect to those ten (10) plaintiffs that were allegedly arrested/detained either on the first floor or outside the residence on May 15, 2014, i.e., not those plaintiffs arrested in the basement apartment #64 . Accordingly, the schedule should include proposed dates for (1) service of plaintiffs' motion for partial summary judgment; (2) service of defendants' opposition to plaintiffs' motion; and (3) service of plaintiffs' reply and, accordingly, the filing of all motion papers on ECF in accordance with the Court's Individual Rule III.D. Ordered by Judge Eric N. Vitaliano on 12/19/2016. (Simeone, Julie)
November 26, 2016	Filing 67 RESPONSE to Motion re #66 MOTION for pre motion conference filed by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas. (Lumer, Michael)
November 22, 2016	Filing 66 MOTION for pre motion conference by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton. (Jacobs, Elissa)
November 14, 2016	Filing 65 Second MOTION for Extension of Time to File by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton. (Jacobs, Elissa)
November 14, 2016	ORDER granting #65 Motion for Extension of Time to File. Defendants' request for a one-week extension, on consent, to file a pre-motion conference letter #65 is granted. On or before November 21, 2016, defendants shall file any requests for a pre-motion conference and, also, any response to plaintiffs' pre-motion conference request filed on October 28, 2016 #64 . Ordered by Judge Eric N. Vitaliano on 11/14/2016. (Simeone, Julie)
October 28, 2016	Filing 64 MOTION for pre motion conference in anticipation of the motion for summary judgment by ten of the plaintiffs, by Ryan Clyne, Ravin Cox, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Matthew Nelson, Dwyte Pilgrim, Alonzo Sealey, Brandon Thomas. (Lumer, Michael)
October 24, 2016	Filing 63 Consent MOTION for Extension of Time to File Pre Motion Conference letter by City of New York. (Corsi, Alexandra)
October 24, 2016	ORDER granting #63 Motion for Extension of Time to File. Defendants' request for an extension of time to file a pre-motion conference letter #63 , on consent, is granted. Defendants shall file any pre-motion conference letter on or before November 14, 2016. Ordered by Judge Eric N. Vitaliano on 10/24/2016. (Simeone, Julie)
October 21, 2016	Filing 62 STATUS REPORT concerning discovery by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas (Lumer, Michael)
October 14, 2016	Filing 61 ANSWER to #37 Amended Complaint, by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton. (Jacobs, Elissa)
September 30, 2016	Filing 60 ORDER granting #57 Motion for Discovery as discussed on the record; STATUS REPORT ORDER: On or before 10/21/2016, the Parties will file a joint status report letter confirming that discovery is complete. On or before 10/28/2016, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. By 10/14/2016, Defendants will file an answer. Counsel have or/are resolving 1,2, & 4 at #58 at page 2. As to the command log, Defendants' counsel will produce the relevant pages by 10/14/2016. The Court recently reviewed the in camera materials re: the gang database and will review. Defendants will coordinate the opening of an evidence envelope with Plaintiff and state court attorneys in related cases. As requested at #57 , the audiotapes as requested are excluded from use in this case. Ordered by Magistrate Judge Vera M. Scanlon on 9/30/2016. (Quinlan, Krista)
September 30, 2016	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Motion Hearing held on 9/30/2016 re #57 MOTION for Discovery and to preclude defendants from using audio files produced on and after 8/31/2016 filed by Matthew Nelson, Jobe Leemow, Ryan Clyne, Herby Aime, Markous Fray, Zanda Dewar, Billy Hippolyte, Gary Jeanty, Sheldon Nyack, Brandon Thomas, Tevon Thomas, David A. Alcindor, Lloyd Henry, Alonzo Sealey, Dwyte Pilgrim, Ali Ketterles, Ravin Cox, Milton Sears. Michael Lumer appearing for Plaintiffs. Elissa Jacobs appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #10:37-12:08.) (Quinlan, Krista)
September 22, 2016	Filing 59 MOTION to Adjourn Conference by City of New York. (Jacobs, Elissa)
September 22, 2016	ORDER granting #59 Motion to Adjourn Conference. The 9/22/2016 conference is adjourned to 9/30/2016 at 10:30 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 9/22/2016. (Gersovitz, Ryan)
September 21, 2016	Filing 58 STATUS REPORT by Herby Aime, David A. Alcindor, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas (Attachments: #1 Exh 1: Emails to defendants dtd 9/5, 9/15, and 9/16) (Lumer, Michael)
September 14, 2016	SCHEDULING ORDER: A Status Conference is set for 9/22/2016 at 04:00 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. The parties should be prepared to discuss Plaintiffs' motion at #57 . Defendants may respond to the motion on or before 9/21/2016. Ordered by Magistrate Judge Vera M. Scanlon on 9/14/2016. (Gersovitz, Ryan)
September 13, 2016	Filing 57 MOTION for Discovery and to preclude defendants from using audio files produced on and after 8/31/2016 by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas. (Attachments: #1 Exh 1: Defs' Initial Disclosures dtd 6/11/15, #2 Exh 2: Defs' 9/2/15 Relevant Disc Responses, #3 Exh 3: SDNY Court Order in Bernabe v. City of New York) (Lumer, Michael)
August 25, 2016	Filing 56 SCHEDULING ORDER: As discussed during the 8/25/2016 conference (see attached order for additional detail and deadlines), based on the record created in the Dunton Hearing, having provided the individual Defendants Russo and Marcus with a thorough description of the issues and the waiver consensus, the Court finds that the Defendants Russo and Marcus have knowingly and voluntarily waived any conflict in having Corporation Counsel represent Defendant City of New York and the individual Defendants including Russo and Marcus. Corporation Counsel is to provide Defendant Russo and Marcus with a copy of this Order and minute entry. Plaintiff will initiate a motion to amend the complaint by 8/31/2016 in accordance with the Individual Rules of the District Judge. Ordered by Magistrate Judge Vera M. Scanlon on 8/25/2016. (Quinlan, Krista)
August 25, 2016	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 8/25/2016 in Room 504 North. Michael Lumer appearing for Plaintiffs. Elissa Jacobs appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #4:07-4:17; 4:18-4:27.) (Quinlan, Krista)
August 22, 2016	Filing 55 MOTION to Adjourn Conference by Peter Carretta, City of New York, Gary Marcus, Joebian Ortiz, William Russo, Alfredo Skelton. (Jacobs, Elissa)
August 22, 2016	SCHEDULING ORDER: Due to a conflict in the Court's schedule, the 8/23/2016 Telephone Conference will take place at 3:30 PM, NOT 12:00 PM, before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 8/22/2016. (Gersovitz, Ryan)
August 22, 2016	SCHEDULING ORDER: The 8/23/2016 Telephone Conference is adjourned to 8/25/2016 at 04:00 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 8/22/2016. (Gersovitz, Ryan)
August 9, 2016	Filing 54 SCHEDULING ORDER: As discussed during the 8/9/2016 conference (see attached order for additional detail and deadlines), A Telephone Conference is set for 8/23/2016 at 12:00 PM before Magistrate Judge Vera M. Scanlon. The Dunton hearing to be continued, Capt. William Russo and Gary Marcus to participate. Ordered by Magistrate Judge Vera M. Scanlon on 8/9/2016. (Gillespie, Saudia)
August 9, 2016	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 8/9/2016 in Room 504 North. Michael Lumer and Chaya Gourarie appearing for Plaintiffs. Elissa Jacobs appearing on behalf of Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #4:50-5:21.) (Gillespie, Saudia)
August 5, 2016	ORDER finding as moot #25 Motion for Discovery based on counsels' agreement. See docket entry #53 . Ordered by Magistrate Judge Vera M. Scanlon on 7/29/2016. (Gersovitz, Ryan)
August 2, 2016	SCHEDULING ORDER: A telephonic Dunton Hearing is set for 8/9/2016 at 04:30 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Counsel is to call chambers beforehand with all parties on the line. Ordered by Magistrate Judge Vera M. Scanlon on 8/2/2016. (Gersovitz, Ryan) Modified on 8/8/2016 (Gersovitz, Ryan). Modified on 8/8/2016 (Gersovitz, Ryan).
July 29, 2016	Filing 53 ORDER: As discussed during the 7/29/2016 conference (see attached order for additional detail and deadlines), #40 Motion for Discovery finding as moot based on counsels' agreement; #25 . On or before 8/5/2016 the parties are to submit a Joint Status letter re Dunton hearing dates. all discovery must be completed by 9/16/2016. On or before 9/20/2016, the Parties will file a joint status report letter confirming that discovery is complete. On or before 10/21/2016, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. Ordered by Magistrate Judge Vera M. Scanlon on 7/29/2016. (Gillespie, Saudia)
July 29, 2016	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 7/29/2016 in Room 504 North. Michael Lumar and Chaya Gourarie appearing for Plaintiffs. Elissa Jacobs appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #3:05-3:55.) (Gillespie, Saudia)
July 25, 2016	SCHEDULING ORDER: The 7/26/2016 9:30 AM Status Conference is adjourned to 7/29/2016 at 02:30 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. The discovery deadline is extended to 8/5/2016. Ordered by Magistrate Judge Vera M. Scanlon on 7/25/2016. (Gersovitz, Ryan)
July 19, 2016	Filing 52 SUMMONS Returned Executed by Zanda Dewar, Lloyd Henry, David A. Alcindor, Brandon Thomas, Matthew Nelson, Tevon Thomas, Ryan Clyne, Dwyte Pilgrim, Herby Aime, Milton Sears, Billy Hippolyte, Sheldon Nyack, Ali Ketterles, Markous Fray, Jobe Leemow, Alonzo Sealey, Alishea Walters, Ravin Cox, Gary Jeanty. William Russo served on 7/14/2016, answer due 8/4/2016. (Lumer, Michael)
July 14, 2016	Filing 51 SUMMONS Returned Executed by Zanda Dewar, Lloyd Henry, David A. Alcindor, Brandon Thomas, Matthew Nelson, Tevon Thomas, Ryan Clyne, Dwyte Pilgrim, Herby Aime, Milton Sears, Billy Hippolyte, Sheldon Nyack, Ali Ketterles, Markous Fray, Jobe Leemow, Alonzo Sealey, Alishea Walters, Ravin Cox, Gary Jeanty. Peter Carretta served on 7/6/2016, answer due 7/27/2016. (Lumer, Michael)
July 14, 2016	Filing 50 SUMMONS Returned Executed by Zanda Dewar, Lloyd Henry, David A. Alcindor, Brandon Thomas, Matthew Nelson, Tevon Thomas, Ryan Clyne, Dwyte Pilgrim, Herby Aime, Milton Sears, Billy Hippolyte, Sheldon Nyack, Ali Ketterles, Markous Fray, Jobe Leemow, Alonzo Sealey, Alishea Walters, Ravin Cox, Gary Jeanty. Gary Marcus served on 7/6/2016, answer due 7/27/2016. (Lumer, Michael)
July 14, 2016	RE-SCHEDULING ORDER: The Status Conference scheduled for today 7/14/2016 at 10:45 a.m. is adjourned to 7/26/2016 at 9:30 a.m. before Magistrate Judge Vera M. Scanlon in Room 504 North. Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 7/14/2016. (Gillespie, Saudia)
June 30, 2016	Filing 49 Summons Issued as to William Russo. (Galeano, Sonia)
June 30, 2016	Filing 48 Summons Issued as to Peter Carretta. (Galeano, Sonia)
June 30, 2016	Filing 47 Summons Issued as to Gary Marcus. (Galeano, Sonia)
June 27, 2016	Filing 46 Proposed Summons. Re #37 Amended Complaint, by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas (Lumer, Michael)
June 27, 2016	Filing 45 Proposed Summons. Re #37 Amended Complaint, by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas (Lumer, Michael)
June 27, 2016	Filing 44 Proposed Summons. Re #37 Amended Complaint, by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas (Lumer, Michael)
June 17, 2016	Filing 43 Letter informting the Court that the parties have resolved their dispute regarding the investigatory file by City of New York (Jacobs, Elissa)
June 15, 2016	ORDER granting #42 Motion for Extension of Time to File. Defendants' supplement to their motion is due by 6/17/2016. Ordered by Magistrate Judge Vera M. Scanlon on 6/15/2016. (Gersovitz, Ryan)
June 14, 2016	Filing 42 Second MOTION for Extension of Time to File by City of New York. (Jacobs, Elissa)
June 8, 2016	ORDER granting #41 Motion for Extension of Time to File. Defendants' supplement to their motion is due 6/14/2016. Ordered by Magistrate Judge Vera M. Scanlon on 6/8/2016. (Gersovitz, Ryan)
June 7, 2016	Filing 41 MOTION for Extension of Time to File a supplement in accordance with the Court's Order of May 31, 2016 by City of New York. (Jacobs, Elissa)
May 31, 2016	Filing 40 Joint MOTION for Discovery pursuant to the Court's order of May 6, 2016, by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas. (Attachments: #1 Exh 1: Excerpts from Russo deposition) (Lumer, Michael)
May 31, 2016	ORDER granting #39 Motion for Extension of Time to File. The joint letter is due 5/31/2016. Ordered by Magistrate Judge Vera M. Scanlon on 5/31/2016. (Gersovitz, Ryan)
May 31, 2016	Before the Court is Plaintiffs' motion to compel Defendants to produce (1) records supporting Defendants' claim that some or all of the Plaintiffs are members of or associated with gangs, and (2) records of the investigation that led to the search warrant Defendants relied upon. Docket No. 25. Defendants oppose, claiming the information is protected by law enforcement privilege. Id. (citing In re the City of N.Y., 607 F.3d 923 (2d Cir. 2010)). Defendants in the present submission have not adequately demonstrated that law enforcement privilege applies to this second category of information. "[T]he party asserting the law-enforcement privilege bears the burden of showing that the privilege applies to the documents in question." In re the City of N.Y., 607 F.3d at 944. "In order to assert a claim of privilege against disclosure of police materials to a plaintiff raising federal civil rights claims..., the officers or the police department must do more than alert the court to the [relevant privilege] or the generalized policies which support it. The police must make a substantial threshold showing[] that there are specific harms likely to accrue from disclosure of specific materials...." MacNamara v. City of N.Y., 249 F.R.D. 70, 78-79 (S.D.N.Y. 2008).Although Defendants describe specific harms that could occur from providing Plaintiffs with the information supporting Defendants claim that they are members of gangs, with regard to the records of the investigation that led to the search warrant, Defendants merely state that "these documents are clearly protected by law enforcement privilege." Defendants then go on to argue that Plaintiffs are not able to overcome the privilege. They do not describe any specific (or even general) harms that could accrue from disclosing the information. To the extent Defendants are concerned with the release of information about a confidential informant, they should clearly articulate this position and provide appropriate details. Goodloe v. City of N.Y., 136 F.Supp.3d 283, 293-94 (E.D.N.Y. 2015).In an abundance of caution and given the potential risk of revealing privileged material if the Court rules based on the present record, Defendants may supplement their present submission by filing a letter describing the "specific harms likely to accrue from disclosure of specific materials" by June 7, 2016. Ordered by Magistrate Judge Vera M. Scanlon on 5/31/2016. (Gersovitz, Ryan)
May 27, 2016	Filing 39 MOTION for Extension of Time to File parties' joint letter re: attorney-client privilege issue by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas. (Lumer, Michael)
May 23, 2016	Filing 38 TRANSCRIPT of Proceedings held on November 10, 2015, before Judge Scanlon. Court Transcriber: Fiore Reporting and Transcription Service, Inc, Telephone number (203)929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/13/2016. Redacted Transcript Deadline set for 6/23/2016. Release of Transcript Restriction set for 8/22/2016. (Rocco, Christine)
May 18, 2016	Filing 37 AMENDED COMPLAINT (Second) filed with written consent of the defendants, against City of New York, Joebian Ortiz, Alfredo Skelton, William Russo, Peter Carretta, Gary Marcus, filed by Zanda Dewar, Lloyd Henry, David A. Alcindor, Brandon Thomas, Matthew Nelson, Tevon Thomas, Ryan Clyne, Dwyte Pilgrim, Herby Aime, Milton Sears, Billy Hippolyte, Sheldon Nyack, Ali Ketterles, Markous Fray, Jobe Leemow, Alonzo Sealey, Ravin Cox, Gary Jeanty. (Lumer, Michael)
May 11, 2016	Filing 36 ANSWER to #33 Amended Complaint,, by Joebian Ortiz, Alfredo Skelton. (Jacobs, Elissa)
May 9, 2016	Filing 35 SCHEDULING ORDER: As discussed during the 5/4/2016 conference (see attached order for additional detail and deadlines), a Status Conference is set for 7/14/2016 10:45 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Additionally, all discovery is to close 7/15/2016. Ordered by Magistrate Judge Vera M. Scanlon on 5/9/2016. (Gersovitz, Ryan)
May 9, 2016	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 5/6/2016 in Room 504 North. Michael Lumer appearing for Plaintiffs. Elissa Jacobs appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #12:05-12:53.) (Gersovitz, Ryan)
May 4, 2016	Filing 34 Letter in advance of May 6 conference to advise of newly discovered issues, by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Lloyd Henry, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas (Lumer, Michael)
April 18, 2016	Filing 33 AMENDED COMPLAINT , on consent of defendants pursuant to the attached stipulation, against City of New York, Joebian Ortiz, Alfredo Skelton, filed by Zanda Dewar, David A. Alcindor, Brandon Thomas, Matthew Nelson, Tevon Thomas, Ryan Clyne, Dwyte Pilgrim, Herby Aime, Milton Sears, Billy Hippolyte, Sheldon Nyack, Ali Ketterles, Markous Fray, Jobe Leemow, Alonzo Sealey, Ravin Cox, Gary Jeanty, Lloyd Henry. (Attachments: #1 Stipulation by the parties to permit the filing of the Amended Complaint pursuant to FRCP 15(a)(2), #2 Exh 1 to the Stipulation (the proposed FAC)) (Lumer, Michael)
April 5, 2016	Filing 32 DECLARATION confirming service of the Court's order of March 30, 2016, on plaintiff Alishea Walters, by Michael Lumer (Lumer, Michael)
March 30, 2016	Filing 31 ORDER granting #27 Motion to Withdraw as Attorney; withdrawing #29 Motion for Pre Motion Conference; SCHEDULING ORDER: For the reasons stated on the record, Plaintiff's counsel is relieved as to Alishea Walters. She has 30 days to appear pro se or by new counsel. Otherwise, Defendant may move to dismiss for lack of prosecution. Plaintiff's counsel is to mail a copy of this Order and file proof of service with Ms. Walter's address by 4/5/2016. Plaintiff will revise the proposed amended complaint and resubmit a PMC letter if necessary, or a stipulation as to the filing of the amended complaint. Counsel will consult as to whether they can agree as to adding the new Plaintiff. Counsel will depose the three proposed Defendants in April 2016. All discovery is to finish by 5/31/2016. A Telephone Conference is set for 5/6/2016 at 12:00 PM before Magistrate Judge Vera M. Scanlon. Plaintiffs' counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. Ordered by Magistrate Judge Vera M. Scanlon on 3/30/2016. (Quinlan, Krista)
March 30, 2016	Filing 30 RESPONSE in Opposition re #29 MOTION for pre motion conference concerning plaintiffs' anticipated motion for leave to file their First Amended Complaint, filed by City of New York, Joebian Ortiz, Alfredo Skelton. (Jacobs, Elissa)
March 30, 2016	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 3/30/2016 in Room 504 North. Michael Lumer appearing for Plaintiffs. Elissa Jacobs appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #2:09-2:33.) (Quinlan, Krista)
March 28, 2016	RESCHEDULING ORDER: Due to a conflict in the Court's schedule, the 3/30/2016 Telephone Conference will take place at 2:00 PM and not 3:00 PM. Counsel are to confer amongst themselves that all are aware of the change. Ordered by Magistrate Judge Vera M. Scanlon on 3/28/2016. (Calabrese, Corey)
March 28, 2016	STATUS REPORT ORDER: Defendants are directed to respond to Plaintiff's letter for a premotion conference at #29 before noon on 3/30/2016. Ordered by Magistrate Judge Vera M. Scanlon on 3/28/2016. (Calabrese, Corey)
March 24, 2016	Filing 29 MOTION for pre motion conference concerning plaintiffs' anticipated motion for leave to file their First Amended Complaint, by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas, Alishea Walters. (Attachments: #1 EXH 1: draft proposed amended complaint) (Lumer, Michael)
March 24, 2016	Filing 28 Consent Motion to Appear by Telephone at the March 30, 2016, conference by Michael Lumer. (Lumer, Michael)
March 24, 2016	ORDER granting #28 Motion to Appear by Telephone. The Parties are to phone Chambers at 718-613-2300 when all counsel are on the line. Ordered by Magistrate Judge Vera M. Scanlon on 3/24/2016. (Calabrese, Corey)
March 15, 2016	SCHEDULING ORDER: An in-person Status Conference is set for 3/30/2016 at 3:00 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon to discuss Plaintiff's motion to withdraw at #27 . If Plaintiff Alishea Walters is living in California then she may participate by phone. Defendants can state their position in writing and be excused from the conference if that is their preference. Ordered by Magistrate Judge Vera M. Scanlon on 3/15/2016. (Calabrese, Corey)
March 11, 2016	Filing 27 MOTION to Withdraw as Attorney by Michael Lumer. (Lumer, Michael) Modified on 3/30/2016 to correct motion type (Quinlan, Krista).
February 25, 2016	ORDER: The Law Student Intern Appearance Form attached as "Attachment 1" to #26 is so ordered. Ordered by Magistrate Judge Vera M. Scanlon on 2/25/2016. (Calabrese, Corey)
February 24, 2016	Filing 26 Letter requesting the Court permit the Brooklyn Law School Clinical Interns to appear on behalf of defendant City of New York by City of New York (Attachments: #1 Proposed Notice of Appearance) (Jacobs, Elissa)
February 11, 2016	Filing 25 Joint MOTION for Discovery by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas, Alishea Walters. (Attachments: #1 Exh 1: 12/21/15 email exchange between counsel, #2 Exh 2: Defs' 1/6/2016 Supplemental Disc Response, #3 Exh 3: Court ruling on record during Ortiz deposition on 12/22/15) (Lumer, Michael)
February 10, 2016	ORDER granting #24 Motion for Extension of Time to File. The joint letter must be filed on or before 2/11/2016. Ordered by Magistrate Judge Vera M. Scanlon on 2/10/2016. (Calabrese, Corey)
February 9, 2016	Filing 24 MOTION for Extension of Time to File joint discovery motion by Joebian Ortiz, Alfredo Skelton. (Jacobs, Elissa)
January 26, 2016	Filing 23 SCHEDULING ORDER: As discussed during the 1/26/2016 conference (see attached order for additional detail and deadlines), all discovery must be completed by 4/5/2016. On or before 4/5/2016, the Parties will file a joint status report letter confirming that discovery is complete. On or before 4/29/2016, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 5/27/2016, the Parties will file their joint Proposed Pretrial Order. As to other record, Plaintiffs plan to move for certain documents to be produced. A joint letter motion will be filed by 2/9/2016. No extensions absent exigent circumstances. Ordered by Magistrate Judge Vera M. Scanlon on 1/26/2016. (Quinlan, Krista)
January 26, 2016	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 1/26/2016 in Room 504 North. Michael Lumer appearing for Plaintiffs. Elissa Jacobs appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #12:20-12:31.) (Quinlan, Krista)
January 25, 2016	RE-SCHEDULING ORDER: Due to a scheduling conflict, the Telephone Conference set for 1/26/2016 will begin at 12:15 PM (not 11:30 AM) before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 1/25/2016. (Quinlan, Krista)
December 22, 2015	Filing 22 ORDER: As discussed during the 12/22/2015 conference (see attached order for additional detail and deadlines), the depositions dispute was resolved on the record. Regarding the law enforcement privilege assertion and questions relating to the investigation which led to the search warrant issuance. Ordered by Magistrate Judge Vera M. Scanlon on 12/22/2015. (Quinlan, Krista)
December 22, 2015	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 12/22/2015 in Room 504 North. Michael B. Lumer appearing for Plaintiffs. Elissa Beth Jacobs appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #11:02-11:15.) (Quinlan, Krista)
December 3, 2015	Filing 21 SCHEDULING ORDER: As discussed during the 12/3/2015 conference (see attached order for additional detail and deadlines), a Telephone Conference is set for 1/26/2016 at 11:30 AM before Magistrate Judge Vera M. Scanlon. Defendants' counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. Counsel are encouraged to continue discovery so as to meet the 1/29/2016 Order. If counsel's trial schedule poses difficulty in meeting this deadline, counsel should advise the Court in writing and propose a revised schedule of no more than two additional months. Ordered by Magistrate Judge Vera M. Scanlon on 12/3/2015. (Quinlan, Krista)
December 3, 2015	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 12/3/2015 in Room 504 North. Michael Lumer appearing for Plaintiffs. Elissa Jacobs appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #4:13-4:27.) (Quinlan, Krista)
December 2, 2015	Filing 20 STATUS REPORT by City of New York, Joebian Ortiz, Alfredo Skelton (Jacobs, Elissa)
December 1, 2015	STATUS REPORT ORDER: As the Telephone Conference originally scheduled for 12/17/15 was moved to 12/3/2015, the Court requests that, to the extent possible, the Parties prepare a brief joint status report letter identifying any outstanding discovery disputes on or before 12/2/2015. Ordered by Magistrate Judge Vera M. Scanlon on 12/1/2015. (Calabrese, Corey)
November 19, 2015	RE-SCHEDULING ORDER: Counsel are advised that the Telephone Conference currently scheduled for 12/17/2015 has been rescheduled to 12/3/2015 at 4:00 PM before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 11/19/2015. (Quinlan, Krista)
November 10, 2015	Filing 19 ORDER granting in part and denying in part #17 Motion to Compel. As discussed during the 11/10/2015 conference (see attached order for additional detail and deadlines), as to the question of crimes charged, counsel resolved the issue on the record. As to the records on the arrestees other then Plaintiffs, 4 have sued Defendant and 7 appear not to have sued. Plaintiff will receive the identifying information for the 4 individuals who have sued on consent. As to the records for the 11, the NYPD paperwork generally should be produced to Plaintiff's counsel. Defendant may redact personal information as discussed although identifying contact information should be produced by Defendants to Plaintiffs as attorneys' eyes only. These documents are confidential and covered by any confidentiality order. The Defendants will treat the documents as confidential. Counsel are to consult as to the exact documents to be produced; if there is disagreement, counsel will raise the issue with the Court. This is an unsealing order as described above. The documents to be produced by 11/24/2015. Ordered by Magistrate Judge Vera M. Scanlon on 11/10/2015. (Quinlan, Krista)
November 10, 2015	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 11/10/2015 in Room 504 North. Michael Lumer appearing for Plaintiffs. Elissa Jacobs appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #10:18-11:01.) (Quinlan, Krista)
October 29, 2015	SCHEDULING ORDER: A status conference is set for 11/10/2015 at 10:00 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. The Parties should be prepared to discuss Plaintiffs' motion to compel #17 . Ordered by Magistrate Judge Vera M. Scanlon on 10/29/2015. (Calabrese, Corey)
October 28, 2015	Filing 18 RESPONSE in Opposition re #17 MOTION to Compel defendants to produce discovery responses filed by City of New York, Joebian Ortiz, Alfredo Skelton. (Jacobs, Elissa)
October 23, 2015	Filing 17 MOTION to Compel defendants to produce discovery responses by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas, Alishea Walters. (Attachments: #1 Exh. 1: disc demands and responses) (Lumer, Michael)
September 25, 2015	Filing 16 SCHEDULING ORDER: As discussed during the 9/25/2015 conference (see attached order for additional detail and deadlines), all discovery must be completed by 1/29/2016. On or before 2/3/2016, the Parties will file a joint status report letter confirming that discovery is complete. On or before 2/29/2016, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 1/22/2016, the Parties will file their joint Proposed Pretrial Order. A Telephone Conference is set for 12/17/2015 at 5:00 PM before Magistrate Judge Vera M. Scanlon. Defendants' counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. On or before 12/10/2015, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Ordered by Magistrate Judge Vera M. Scanlon on 9/25/2015. (Quinlan, Krista)
September 25, 2015	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 9/25/2015 in Room 504 North. Michael Lumer appearing for Plaintiffs. Elissa Jacobs appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #11:06-11:15.) (Quinlan, Krista)
September 21, 2015	ORDER granting #15 Motion to Substitute Attorney. As Mr. Lumer notes this does not constitute a change in representation, as Lumer & Neville will continue to represent Plaintiffs. Attorney Chaya M Gourarie terminated. Ordered by Magistrate Judge Vera M. Scanlon on 9/21/2015. (Quinlan, Krista)
September 18, 2015	Filing 15 MOTION to Substitute Attorney /relieve Chaya Gourarie as counsel for plaintiffs, by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas, Alishea Walters. (Lumer, Michael)
August 11, 2015	Filing 14 SCHEDULING ORDER: As discussed during the 8/11/2015 conference (see attached order for additional detail and deadlines), a Telephone Conference is set for 9/25/2015 at 10:30 AM before Magistrate Judge Vera M. Scanlon. Defendants' counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. Ordered by Magistrate Judge Vera M. Scanlon on 8/11/2015. (Rice, Liane)
August 11, 2015	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 8/11/2015. Appearances by Michael Lumer for Plaintiffs and Elissa Beth Jacobs for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #2:51-3:19.) (Rice, Liane)
August 4, 2015	Filing 13 STATUS REPORT by Herby Aime, David A. Alcindor, Ryan Clyne, Ravin Cox, Zanda Dewar, Markous Fray, Billy Hippolyte, Gary Jeanty, Ali Ketterles, Jobe Leemow, Matthew Nelson, Sheldon Nyack, Dwyte Pilgrim, Alonzo Sealey, Milton Sears, Brandon Thomas, Tevon Thomas, Alishea Walters (Lumer, Michael)
June 11, 2015	Filing 12 NOTICE of Appearance by Chaya M Gourarie on behalf of All Plaintiffs (aty to be noticed) (Gourarie, Chaya)
May 28, 2015	Filing 11 SCHEDULING ORDER: As discussed during the 5/28/2015 conference (see attached order for additional detail and deadlines), all discovery must be completed by 11/30/2015. On or before 11/30/2015, the Parties will file a joint status report letter confirming that discovery is complete. Monell discovery is postponed until revisited by the Court at a later discovery conference. On or before 12/30/2015, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 1/29/2016, the Parties will file their joint Proposed Pretrial Order. A Telephone Conference is set for 8/11/2015 at 2:30 PM before Magistrate Judge Vera M. Scanlon. Plaintiff's counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. On or before 8/4/2015, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Ordered by Magistrate Judge Vera M. Scanlon on 5/28/2015. (Quinlan, Krista) Modified on 5/29/2015 (Rice, Liane).
May 28, 2015	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 5/28/2015 in Room 504 North. James Neville appearing for Plaintiffs. Elissa Beth Jacobs appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #11:35-11:51.) (Quinlan, Krista)
May 11, 2015	Filing 10 ANSWER to #1 Complaint,, by City of New York, Joebian Ortiz, Alfredo Skelton. (Jacobs, Elissa)
April 29, 2015	Filing 9 SCHEDULING ORDER: An Initial Conference is set for 5/28/2015 at 11:30 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. In advance of the conference, the Parties must meet, confer and complete the attached draft scheduling order as far as they are able. Ordered by Magistrate Judge Vera M. Scanlon on 4/29/2015. (Lozar, Ryan)
April 20, 2015	Filing 8 SUMMONS Returned Executed by Zanda Dewar, David A. Alcindor, Brandon Thomas, Matthew Nelson, Tevon Thomas, Ryan Clyne, Dwyte Pilgrim, Herby Aime, Milton Sears, Billy Hippolyte, Sheldon Nyack, Ali Ketterles, Markous Fray, Jobe Leemow, Alonzo Sealey, Alishea Walters, Ravin Cox, Gary Jeanty. Joebian Ortiz served on 4/10/2015, answer due 5/11/2015. (Lumer, Michael)
March 23, 2015	ORDER granting #7 Motion for Extension of Time to Answer All Defendants. Defendants' motion, made on consent, to extend their time to answer or otherwise respond to the Complaint to 5/11/2015 is granted. Plaintiffs may, but need not, return the signed 160.50 releases prior to Defendants' response. Ordered by Magistrate Judge Vera M. Scanlon on 3/23/2015. (Rice, Liane)
March 20, 2015	Filing 7 MOTION for Extension of Time to File Answer by City of New York. (Jacobs, Elissa)
March 20, 2015	Filing 6 SUMMONS Returned Executed by Zanda Dewar, David A. Alcindor, Brandon Thomas, Matthew Nelson, Tevon Thomas, Ryan Clyne, Dwyte Pilgrim, Herby Aime, Milton Sears, Billy Hippolyte, Sheldon Nyack, Ali Ketterles, Markous Fray, Jobe Leemow, Alonzo Sealey, Alishea Walters, Ravin Cox, Gary Jeanty. Alfredo Skelton served on 3/16/2015, answer due 4/6/2015. (Lumer, Michael)
February 19, 2015	Filing 5 SUMMONS Returned Executed by Zanda Dewar, David A. Alcindor, Brandon Thomas, Matthew Nelson, Tevon Thomas, Ryan Clyne, Dwyte Pilgrim, Herby Aime, Milton Sears, Billy Hippolyte, Sheldon Nyack, Ali Ketterles, Markous Fray, Jobe Leemow, Alonzo Sealey, Alishea Walters, Ravin Cox, Gary Jeanty. City of New York served on 2/18/2015, answer due 3/11/2015. (Lumer, Michael)
December 30, 2014	ORDER REASSIGNING CASE. Case reassigned to Judge Eric N. Vitaliano for all further proceedings. Judge Dora Lizette Irizarry no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 12/30/2014. (Bowens, Priscilla)
December 29, 2014	Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
December 29, 2014	Filing 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)
December 26, 2014	Filing 2 Summons Issued as to City of New York, Joebian Ortiz, Alfredo Skelton. (Attachments: #1 Ortiz summons, #2 Skelton summons) (Bowens, Priscilla)
December 26, 2014	Case assigned to Judge Dora Lizette Irizarry and Magistrate Judge Vera M. Scanlon. (Bowens, Priscilla)
December 26, 2014	Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-7420854 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Zanda Dewar, David A. Alcindor, Brandon Thomas, Matthew Nelson, Tevon Thomas, Ryan Clyne, Dwyte Pilgrim, Herby Aime, Milton Sears, Billy Hippolyte, Sheldon Nyack, Ali Ketterles, Markous Fray, Jobe Leemow, Alonzo Sealey, Alishea Walters, Ravin Cox, Gary Jeanty. (Attachments: #1 Civil Cover Sheet, #2 Rider to Civil Cover Sheet, #3 Summons for City of New York, #4 Summons for Joebian Ortiz, #5 Summons for Alredo Skelton) (Lumer, Michael)

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Plaintiff: Tevon Thomas
Represented By:	Chaya M Gourarie
Represented By:	Michael B. Lumer
Represented By:	Heather Johnsen Stepanek
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Plaintiff: Dwyte Pilgrim
Represented By:	Chaya M Gourarie
Represented By:	Michael B. Lumer
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Plaintiff: Alishea Walters
Represented By:	Chaya M Gourarie
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Represented By:	Heather Johnsen Stepanek
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Plaintiff: David A. Alcindor
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Plaintiff: Lloyd Henry
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Plaintiff: Ali Kettrles
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Plaintiff: Zanda Dewar
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Plaintiff: Alonzo Sealey
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Plaintiff: Jobe Leemow
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Plaintiff: Matthew Nelson
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Plaintiff: Ryan Clyne
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Plaintiff: Sheldon Nyack
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Plaintiff: Ravin Cox
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Plaintiff: Gary Jeanty
Represented By:	Chaya M Gourarie
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Plaintiff: Milton Sears
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Plaintiff: Markous Fray
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Plaintiff: Brandon Thomas
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Plaintiff: Billy Hippolyte
Represented By:	Chaya M Gourarie
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Plaintiff: Herby Aime
Represented By:	Chaya M Gourarie
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Defendant: Alfredo Skelton
Represented By:	Elissa Beth Jacobs
Represented By:	Brian Christopher Francolla
Represented By:	Joseph P. Zangrilli
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Defendant: Joebian Ortiz
Represented By:	Elissa Beth Jacobs
Represented By:	Brian Christopher Francolla
Represented By:	Joseph P. Zangrilli
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Defendant: City of New York
Represented By:	Alexandra Corsi
Represented By:	Elissa Beth Jacobs
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Defendant: Capt. William Russo
Represented By:	Elissa Beth Jacobs
Represented By:	Brian Christopher Francolla
Represented By:	Joseph P. Zangrilli
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Defendant: Gary Marcus
Represented By:	Elissa Beth Jacobs
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Defendant: Peter Carretta
Represented By:	Elissa Beth Jacobs
Represented By:	Brian Christopher Francolla
Represented By:	Joseph P. Zangrilli
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Defendant: John And Jane Does #1-10
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Petitioner: Michael Lumer
Represented By:	Michael B. Lumer
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Not classified by court: Hon. (Ret.) Kathleen Anne Roberts
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