Johnson v. City of New York

Plaintiff:	Johnson and Michael Johnson
Defendant:	City of New York, Daniel A. Nigro, Michael Gala, Michael Curneen, Jake Lamonda, John Doe or Jane Doe, Paul Mannix, Joseph Kearney and James McCarthy
Not Classified By Court:	Hon. Joseph Kevin McKay
Interested Party:	Susan Edelman
Case Number:	1:2016cv06426
Filed:	November 18, 2016
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Kiyo A Matsumoto
Referring Judge:	Vera M Scanlon
Nature of Suit:	Civil Rights: Other
Cause of Action:	28 U.S.C. § 1331 Federal Question: Other Civil Rights
Jury Demanded By:	Plaintiff

Date Filed	Document Text
February 27, 2023	Filing 257 CLERK'S JUDGMENT: ORDERED and ADJUDGED that Plaintiff's motion for attorney fees is granted in part and denied in part; that Plaintiff is awarded against City Defendants $676,740.75 in attorney fees, arising from 778.29 compensable hours for Mr. Smith at a rate of $575 per hour ($447,516.75); 383.68 compensable hours for Mr. Lenoir at the rate of $550 per hour ($211,024.00); two compensable travel hours for Mr. Smith at the rate of $287.50 per hour ($575.00); and 35.25 compensable hours for Mr. Gleason at the rate of $500 per hour ($17,625.00); that Plaintiff is awarded $8,401.20 in costs, for a total award of $685,141.95; and that the award shall be payable to Plaintiff Michael Johnson and Nathaniel B. Smith, as attorney, and accordingly distributed as ordered. Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 2/27/2023. (JT)
February 24, 2023	ORDER finding as moot #256 Motion for Attorney Fees. Due to the Court's 02/24/2023 order resolving Plaintiff's #247 motion for attorney fees, this motion is moot. Ordered by Judge Kiyo A. Matsumoto on 2/24/2023. (AA)
February 24, 2023	ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court has reviewed Magistrate Judge Vera Scanlon's comprehensive and well-reasoned Report and Recommendation (ECF No. 255, Report and Recommendation ("R&R")), dated February 8, 2023, to which no party has objected. Because no party has objected to the R&R within the statutory 14-day period, the Court "need only satisfy itself that there is no clear error on the face of the record." Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001). On clear error review, the Court agrees with and adopts the R&R's meticulously analyzed and detailed recommendation that Plaintiff's motion for attorney fees be granted in part and denied in part. Specifically, the Court agrees with Magistrate Judge Scanlon that the parties stipulated that Plaintiff had the right to seek fees and costs as a prevailing party. (ECF No. 242; ECF No. 247-2.) Additionally, the Court agrees that an appropriate method to determine reasonable attorney fees is the lodestar method, in which courts multiply a reasonable hourly rate by the number of hours reasonably expended in the litigation. See McDaniel v. Cnty. of Schenectady, 595 F.3d 411 417-18 (2d Cir. 2010); Hannah v. Walmart Stores, Inc., 803 F. App'x 417, 424 (2d Cir. 2020) (summary order). Counsel litigated this case for almost five and a half years prior to settlement, including multiple amended complaints, extensive discovery, motions practice, and preparation for trial. (ECF No. 247-1). The Court agrees with Magistrate Judge Scanlon's detailed and careful accounting of reasonable hourly rates for attorneys Mr. Smith, Mr. Lenoir, and Mr. Gleeson, and of the number of hours deemed compensable, considering the relative difficulty of the relevant tasks, the attorneys' experience, and the cumulative work required by the litigation. Accordingly, this Court adopts Magistrate Judge Scanlon's #255 R&R in its entirety and grants in part and denies in part Plaintiff's #247 Motion for Attorney Fees, and orders that Plaintiff be awarded as against City Defendants $676,740.75 in attorney fees, arising from 778.29 compensable hours for Mr. Smith at a rate of $575 per hour ($447,516.75); 383.68 compensable hours for Mr. Lenoir at the rate of $550 per hour ($211,024.00); two compensable travel hours for Mr. Smith at the rate of $287.50 per hour ($575.00); and 35.25 compensable hours for Mr. Gleason at the rate of $500 per hour ($17,625.00). The Court also orders that Plaintiff be awarded $8,401.20 in costs, for a total award of $685,141.95. The award shall be payable to Plaintiff Michael Johnson and Nathaniel B. Smith, as attorney, and accordingly distributed as ordered. Ordered by Judge Kiyo A. Matsumoto on 2/24/2023. (AA)
February 23, 2023	Filing 256 MOTION for Attorney Fees on Report and Recommendation by Michael Johnson. (Attachments: #1 Proposed Order) (Smith, Nathaniel)
February 8, 2023	Filing 255 REPORT AND RECOMMENDATION re: #247 MOTION for Attorney Fees. Objections to the Report and Recommendation are due by 2/22/2023.The Court respectfully recommends that the motion be granted in part and denied in part, and that Plaintiff be awarded as against City Defendants $676,740.75 in attorneys' fees, arising from 778.29 compensable hours for Mr. Smith at a rate of $575 per hour ($447,516.75); 383.68 compensable hours for Mr. Lenoir at the rate of $550 per hour ($211,024.00); two compensable travel hours for Mr. Smith at the rate of $287.50 per hour ($575.00); and 35.25 compensable hours for Mr. Gleason at the rate of $500 per hour ($17,625.00). The Court respectfully recommends that Plaintiff also be awarded $8,401.20 in costs. The total recommended award is $685,141.95.Ordered by Magistrate Judge Vera M. Scanlon on 2/8/2023. (JR)
January 31, 2023	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 1/30/2023. John David Lenoir, Peter Joseph Gleason, and Nathaniel B. Smith appearing on behalf of Plaintiff. Maria Fernanda DeCastro appearing on behalf of City of New York, Michael Gala, and Michael Curneen. No appearances on behalf of any other parties. (FTR Log #10:32-11:00.) (JR)
January 31, 2023	ORDER. At the 1/30/2023 Telephone Conference, the Court heard the parties' counsel on the two questions raised in the Order of 1/27/2023. Ordered by Magistrate Judge Vera M. Scanlon on 1/31/2023. (JR)
January 27, 2023	ORDER. A Telephone Conference is set for 1/30/2023 at 10:30 AM before Magistrate Judge Vera M. Scanlon. Counsel are to dial 877-336-1829 and enter access code 3581283 for the AT&T conference bridge. Counsel should be prepared to have a discussion as to the motion for attorneys' fees at #247 limited to two issues: (1) how the $100,000 in attorneys' fees to be given to Plaintiff by his counsel should be accounted for, see ECF No. [247-1] at 11, 20; ECF No. [247-11] at 5; ECF No. #251 at 4-5, and (2) the relevance, if any, of Plaintiff's settlements with Jake Lamonda, Paul Mannix, and Joseph Kearney to the calculation of attorneys' fees, see ECF No. #250 at 26. Ordered by Magistrate Judge Vera M. Scanlon on 1/27/2023. (JR)
January 18, 2023	Filing 254 Letter re Excel Spreadsheets by Michael Johnson (Smith, Nathaniel)
January 17, 2023	ORDER re #247 MOTION for Attorney Fees filed by Michael Johnson. Plaintiff's counsel is requested to provide to the Magistrate Judge as soon as possible "live" Excel spreadsheets of 1) the "Time List" attached as "Smith Dec. Exh. 7" at ECF No. 247-8; 2) the "Time List" attached as "Lenoir Dec. Attachment A" at ECF No. 247-12 and "Lenoir Dec. Attachment B" at ECF No. 247-13; 3) the "Exhibit A" to the Gleason Affirmation at ECF No. 247-15; and 4) the "Expense List" attached as "Smith Dec. Exh. 8" at ECF No. 247-9 if such documents are readily available. Counsel should file a letter on ECF stating whether such spreadsheets are available by 5:00 pm on 1/19/23. If the spreadsheets are available, counsel should email them to scanlon_chambers@nyed.uscourts.gov and cc Defendants' attorneys. Ordered by Magistrate Judge Vera M. Scanlon on 1/17/2023. (Scanlon, Vera)
October 3, 2022	ORDER REFERRING MOTION: #247 MOTION for Attorney Fees filed by Michael Johnson. Ordered by Judge Kiyo A. Matsumoto on 10/3/2022. Motions referred to Vera M. Scanlon for a report and recommendation. (SW)
June 23, 2022	Filing 253 First MOTION to Withdraw as Attorney by City of New York, Michael Curneen, Michael Gala. (Attachments: #1 Declaration Declaration of William Grey in Support of Motion) (Grey, William)
June 23, 2022	ORDER granting #253 Motion to Withdraw as Attorney. Attorney William A Grey terminated. Ordered by Judge Kiyo A. Matsumoto on 6/23/2022. (Williams-Jackson, Sandra)
June 17, 2022	Filing 252 Letter re transmittal of reply papers by Michael Johnson (Smith, Nathaniel)
June 17, 2022	Filing 251 REPLY in Support re #247 MOTION for Attorney Fees filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Declaration, #5 Declaration, #6 Declaration) (Smith, Nathaniel)
June 11, 2022	Filing 250 MEMORANDUM in Opposition re #247 MOTION for Attorney Fees CITY DEFENDANTS MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS FEES MOTION filed by City of New York. (DeCastro, Maria)
June 1, 2022	ORDER granting #249 Motion for Extension of Time to File Response/Reply. Defendant City of New York shall file any opposition to Plaintiff's motion for attorney's fees by June 10, 2022. Plaintiff shall file any reply by June 17, 2022. Ordered by Judge Kiyo A. Matsumoto on 6/1/2022. (Ahn, Lois)
May 31, 2022	Filing 249 MOTION for Extension of Time to File Response/Reply as to #247 MOTION for Attorney Fees I write respectfully to request a four-day extension, from June 4, 2022, to June 10, 2022, to file any opposition to plaintiffs motion for attorneys fees. by City of New York. (DeCastro, Maria)
May 24, 2022	Filing 248 Letter re Courtesy Copies and List of Motion Papers by Michael Johnson (Smith, Nathaniel)
May 23, 2022	Filing 247 MOTION for Attorney Fees by Michael Johnson. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Declaration, #12 Exhibit, #13 Exhibit, #14 Declaration, #15 Exhibit) (Smith, Nathaniel)
April 27, 2022	ORDER granting #246 Motion for Extension of Time to File. By May 23, 2022, Plaintiff shall file his application for attorney's fees, or the parties shall file a joint letter updating the Court that they have reached a resolution on attorney's fees and costs. Ordered by Judge Kiyo A. Matsumoto on 4/27/2022. (Ahn, Lois)
April 26, 2022	Filing 246 MOTION for Extension of Time to File Fee Motion by Michael Johnson. (Attachments: #1 Proposed Order) (Smith, Nathaniel)
April 18, 2022	Filing 245 STIPULATION OF DISMISSAL WITH PREJUDICE:IT IS HEREBY STIPULATED A: D AGREED, by the attorneys for the parties herein that pursuant to Rule 4l(a)(l)(ii) of the Federal Rules of Civil Procedure, the above-captioned action is dismissed with preJud1cc as to all Defendants and that the Court shall retain Jurisdiction over the action for the purpose of determining, pursuant to agreement, the amount of attorneys' fees and costs to be paid to Plaintiff, as a prevailing party, by the City of New York and to enforce, if necessary the terms of the parties' settlement agreement. Ordered by Judge Kiyo A. Matsumoto on 4/18/2022. (Williams-Jackson, Sandra)
April 18, 2022	ORDER: In light of settlement, the previously scheduled April 27, 2022, jury selection and trial is hereby adjourned.Ordered by Judge Kiyo A. Matsumoto on 4/18/2022. (Williams-Jackson, Sandra)
April 15, 2022	Filing 244 MOTION for Settlement /So Ordering Stipulation of Dismissal by Michael Johnson. (Attachments: #1 Exhibit Stipulation of Dismissal) (Smith, Nathaniel)
April 11, 2022	ORDER granting in part and denying in part #243 Motion for Extension of Time to File. By Order dated March 26, 2022, the Court advised the parties that the trial will remain on the Court's calendar until the stipulation of dismissal is filed. In the event this case does not settle and goes to trial, the Court has to undertake significant preparations for trial. The parties are granted a FINAL extension. By April 15, 2022, the parties shall file either the stipulation of dismissal, or the pretrial submissions (the proposed jury instructions, voir dire, verdict sheets, and final exhibit and witness lists). No further extensions should be expected. Ordered by Judge Kiyo A. Matsumoto on 4/11/2022. (Ahn, Lois)
April 8, 2022	Filing 243 Joint MOTION for Extension of Time to File Stipulation of Discontinuance by Michael Johnson. (Smith, Nathaniel)
March 28, 2022	REPORT of Mediation settled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session.Mediation Report due by 4/11/2022. (Weinstein, Robyn)
March 26, 2022	ORDER. The Court is in receipt of #242 . The Court commends the parties for their efforts to resolve this case. In light of settlement, the parties are respectfully directed to file a stipulation of dismissal by April 8, 2022. The stipulation of dismissal shall provide that the Court retains jurisdiction to award Plaintiff attorney's fees and costs against the City of New York. The parties are advised that the trial date shall remain on the Court's calendar until the stipulation of dismissal is filed. Ordered by Judge Kiyo A. Matsumoto on 3/26/2022. (Ahn, Lois)
March 25, 2022	Filing 242 Letter re Status by Michael Johnson (Smith, Nathaniel)
March 24, 2022	Filing 241 MOTION for Extension of Time to File and Settlement Status Update from ALL parties by Jake Lamonda. (Greenberg, Seth)
March 24, 2022	Filing 240 Letter (corrected) re status by Michael Johnson (Smith, Nathaniel)
March 24, 2022	ORDER granting #241 Motion for Extension of Time to File. The Court adopts the parties' proposed deadline. The proposed jury instructions, voir dire, verdict sheets, and final exhibit and witness lists shall be filed on or before March 31, 2022. This is the final extension.The Court commends the parties for their efforts to resolve this case and urges the parties to continue to engage in good faith settlement discussions. Ordered by Judge Kiyo A. Matsumoto on 3/24/2022. (Ahn, Lois)
March 23, 2022	Filing 239 Letter re Status by Michael Johnson (Smith, Nathaniel)
March 11, 2022	Filing 238 NOTICE of Appearance by Steven Raiser on behalf of Joseph Kearney, Paul Mannix (aty to be noticed) (Raiser, Steven)
March 11, 2022	ORDER granting #237 Motion for Extension of Time to File. The Court adopts the parties' proposed deadline. The proposed jury instructions, voir dire, verdict sheets, and final exhibit and witness lists shall be filed on or before March 25, 2022. Ordered by Judge Kiyo A. Matsumoto on 3/11/2022. (Ahn, Lois)
March 10, 2022	Filing 237 Second MOTION for Extension of Time to File by Michael Johnson. (Smith, Nathaniel)
March 10, 2022	ORDER denying #236 Motion for Extension of Time to File. The Court respectfully denies the parties' request for an extension of time to file proposed jury instructions, voir dire, verdict sheets, and final exhibit and witness lists. The parties' #236 motion does not set forth any reasons for seeking an extension. By #235 letter dated March 4, 2022, counsel for Plaintiff updated the Court that the parties' settlement discussions have proven unsuccessful. The Court notes that had the parties made good faith efforts to resolve this action, the Court would have been more open to entertaining an extension of time. Ordered by Judge Kiyo A. Matsumoto on 3/10/2022. (Ahn, Lois)
March 9, 2022	Filing 236 Joint MOTION for Extension of Time to File proposed jury instructions, voir dire, verdict sheets and witness and exhibit lists by Michael Johnson. (Smith, Nathaniel)
March 4, 2022	Filing 235 Letter re Status by Michael Johnson (Smith, Nathaniel)
March 3, 2022	Filing 234 NOTICE of Appearance by Maria Fernanda DeCastro on behalf of City of New York, Michael Curneen, Michael Gala (aty to be noticed) (DeCastro, Maria)
March 2, 2022	ORDER: The parties are hereby Ordered to update the Court regarding their good faith settlement efforts by close of business on March 4, 2022. Ordered by Judge Kiyo A. Matsumoto on 3/2/2022. (Williams-Jackson, Sandra)
February 21, 2022	Filing 233 REPLY in Support filed by Joseph Kearney, Paul Mannix. (Sullivan, Keith)
February 21, 2022	Filing 232 REPLY in Support re #223 Declaration, #222 MOTION in Limine , REPLY to Response to Motion re #222 MOTION in Limine filed by Jake Lamonda. (Greenberg, Seth)
February 14, 2022	Filing 231 REPLY to Response to Motion re #218 MOTION in Limine filed by Michael Johnson. (Attachments: #1 Exhibit) (Smith, Nathaniel)
February 14, 2022	Filing 230 RESPONSE to Motion re #222 MOTION in Limine , #221 MOTION in Limine Declaration, #219 First MOTION in Limine , #220 MOTION in Limine by City Defendants , MEMORANDUM in Opposition filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Smith, Nathaniel)
February 7, 2022	Filing 229 AFFIDAVIT/DECLARATION in Opposition re #218 MOTION in Limine filed by City of New York, Michael Curneen, Michael Gala. (Attachments: #1 Exhibit A) (Giambrone, Jessica)
February 7, 2022	Filing 228 MEMORANDUM in Opposition to Plaintiff's Motion in Limine filed by City of New York, Michael Curneen, Michael Gala. (Giambrone, Jessica)
February 7, 2022	Filing 227 MEMORANDUM in Opposition re #218 MOTION in Limine filed by Jake Lamonda. (Greenberg, Seth)
February 7, 2022	Filing 226 AFFIDAVIT/DECLARATION in Opposition re #218 MOTION in Limine filed by Jake Lamonda. (Attachments: #1 Exhibit Exhibit A - Johnson Deposition) (Greenberg, Seth)
February 7, 2022	Filing 225 MEMORANDUM in Opposition to Plaintiff's Motion in Limine filed by Joseph Kearney, Paul Mannix. (Sullivan, Keith)
February 7, 2022	Filing 224 TRANSCRIPT of Proceedings held on May 7, 2019, before Judge Scanlon. Court Transcriber: Fiore Reporting and Transcription Service, Inc.. 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 2/28/2022. Redacted Transcript Deadline set for 3/10/2022. Release of Transcript Restriction set for 5/8/2022. (Rocco, Christine)
January 31, 2022	Filing 223 DECLARATION re #222 MOTION in Limine by Jake Lamonda (Attachments: #1 Exhibit Exhibit No. 1, #2 Exhibit Exhibit No. 2, #3 Exhibit Exhibit No. 3, #4 Exhibit Exhibit No. 4, #5 Exhibit Exhibit No. 5) (Greenberg, Seth)
January 31, 2022	Filing 222 MOTION in Limine by Jake Lamonda. (Greenberg, Seth)
January 31, 2022	Filing 221 MOTION in Limine Declaration by City of New York, Michael Curneen, Michael Gala. (Attachments: #1 Exhibit A, #2 Exhibit B) (Giambrone, Jessica)
January 31, 2022	Filing 220 MOTION in Limine by City Defendants by City of New York, Michael Curneen, Michael Gala. (Giambrone, Jessica)
January 31, 2022	Filing 219 First MOTION in Limine by Joseph Kearney, Paul Mannix. (Attachments: #1 Exhibit BITS Transcripts, #2 Exhibit Stipulation and Agreement) (Sullivan, Keith)
January 31, 2022	Filing 218 MOTION in Limine by Michael Johnson. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14) (Smith, Nathaniel)
January 18, 2022	Filing 217 Proposed Pretrial Order by Michael Johnson (Smith, Nathaniel)
January 16, 2022	ORDER granting #216 Motion for Extension of Time to File. The parties shall file an Amended Joint Pretrial Order by January 18, 2022. Ordered by Judge Kiyo A. Matsumoto on 1/16/2022. (Ahn, Lois)
January 14, 2022	Filing 216 First MOTION for Extension of Time to File the Amended JPTO by City of New York. (Giambrone, Jessica)
January 4, 2022	Filing 215 SCHEDULING ORDER. The parties shall adhere to the attached pretrial scheduling order. Ordered by Judge Kiyo A. Matsumoto on 1/4/2022. (Ahn, Lois)
January 4, 2022	Filing 214 NOTICE of Appearance by Jessica Giambrone on behalf of City of New York, Michael Curneen, Michael Gala (aty to be noticed) (Giambrone, Jessica)
January 4, 2022	Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Status Conference held on 1/4/2022. Appearances: Nathaniel Smith, Esq., John Lenoir, Esq., and Peter Gleason, Esq. for Plaintiff; Jessica Giambrone, Esq. for City Defendants; Seth Greenberg, Esq. for Defendant Lemonda; Keith Sullivan, Esq. for Defendants Mannix and Kearney. As discussed on the record, the Court urges the parties to resolve any disputes and file an amended joint pretrial order. The Court also urges the parties to explore settlement. The parties shall adhere to the Court's pretrial scheduling order, which is forthcoming. (Court Reporter Charleane Heading.) (Ahn, Lois)
December 30, 2021	Filing 213 NOTICE of Appearance by William A Grey on behalf of City of New York, Michael Curneen, Michael Gala (aty to be noticed) (Grey, William)
December 29, 2021	Filing 212 Proposed Pretrial Order Joint Pre-Trial Order (Proposed) by Michael Johnson (Smith, Nathaniel)
December 27, 2021	ORDER. The status conference scheduled for Tuesday, January 4, 2022, at 2:00 pm will proceed by video. A link will be provided to the parties. Ordered by Judge Kiyo A. Matsumoto on 12/27/2021. (Ahn, Lois)
December 3, 2021	ORDER. The parties shall appear for a status conference in Courtroom 6C South on Tuesday, January 4, 2022 at 2:00 p.m. to discuss trial date. Ordered by Judge Kiyo A. Matsumoto on 12/3/2021. (Ahn, Lois)
December 1, 2021	Filing 211 Letter in Response to Plaintiff's Conference Request by Jake Lamonda (Greenberg, Seth)
November 30, 2021	Filing 210 Letter requested conference on trial date by Michael Johnson (Smith, Nathaniel)
September 2, 2021	ORDER granting #209 Motion for Extension of Time to File pretrial order. No further extensions should be requested or expected. The court expresses its disappointment that the parties did not resolve this action. The parties are advised that they should be prepared to try this as scheduled or, if the trial is adjourned due to the scheduling of criminal trials, the parties shall be prepared to try this case on 72 hours notice. Ordered by Judge Kiyo A. Matsumoto on 9/2/2021. (Matsumoto, Kiyo)
September 1, 2021	Filing 209 First MOTION for Extension of Time to File JPTO by Michael Johnson. (Smith, Nathaniel)
July 20, 2021	ORDER. The parties engaged in settlement discussions during the 7/19/2021 settlement conference but did not settle. If the Court can be of assistance in the future, counsel should reach out to chambers. The final proposed joint pretrial order is to be filed by 12/15/21. Plaintiff is to provide his draft to Defendants by 8/31/21, and Defendants to provide their draft to Plaintiff by 10/29/21. Ordered by Magistrate Judge Vera M. Scanlon on 7/20/2021. (Lozar, Ryan)
July 20, 2021	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Settlement Conference held on 7/20/2021. Nathaniel Smith and John Lenoir appearing for Plaintiff, and Plaintiff in attendance. Kimberley Brown appearing for City Defendants, and Jenna Caldera from the FDNY in attendance. Keith Sullivan appearing for Defendants Kearney and Mannix, and those Defendants in attendance. Seth Greenberg appearing for Defendant LaMonda, who was also in attendance. See separate docket entry for Order. (WebEx Log #10:38-10:42.) (Lozar, Ryan)
June 25, 2021	SCHEDULING ORDER: As discussed during the 6/24/2021 conference, a Settlement Conference will be held by Zoom on Monday, July 19, 2021, before Magistrate Judge Vera M. Scanlon. Counsel will appear at 10:30 AM for preliminary discussions, and counsel will direct their clients or their representatives with full settlement authority to join at 11:00 AM. The Court will send the Zoom link to counsel in advance of the conference, and counsel will then share that information with their clients or their representatives. On or before 7/12/2021, counsel are to email the parties' ex parte settlement statements to Scanlon_Chambers@nyed.uscourts.gov in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Vera M. Scanlon on 6/25/2021. (Lozar, Ryan)
June 24, 2021	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 6/24/2021. John Lenoir and Nathaniel Smith appearing for Plaintiff. Kimberly Brown appearing for Defendants City, Gala and Curneen. Seth Greenberg appearing for Defendant Lamonda. Keith Sullivan appearing for Defendants Mannix and Kearney. See separate entry for conference Order. (FTR Log #3:04-3:17.) (Lozar, Ryan)
June 10, 2021	ORDER finding as moot #207 Motion to Amend/Correct/Supplement in light of the joint report at #208 stating that the alleged conflict of interest previously raised is now moot. The 6/24/2021 Telephone Conference will proceed as scheduled at 3:00pm, and all counsel should be prepared to discuss their and their clients' availability for settlement conference during the appearance. Ordered by Magistrate Judge Vera M. Scanlon on 6/10/2021. (Lozar, Ryan)
June 8, 2021	Filing 208 Letter by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)
June 2, 2021	Filing 207 MOTION to Amend/Correct/Supplement Order on Motion to Adjourn Conference,,, Terminate Deadlines and Hearings,, regarding the Telephone Conference and whether Defendants' appearances are required by Joseph Kearney, Paul Mannix. (Sullivan, Keith)
May 21, 2021	ORDER granting motion #206 to adjourn the settlement conference scheduled for 5/27/2021 at 10:30 AM. A Telephone Conference is scheduled for 6/24/2021 at 3:00 PM. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. On or before 6/8/2021, the parties are to file joint status report with legal analysis as to whether the alleged conflict is waivable or unwaivable. See, e.g., ECF Nos. #200 , #206 ; Dkt. Entry 4/28/2021. Ordered by Magistrate Judge Vera M. Scanlon on 5/21/2021. (Quinlan, Krista)
May 19, 2021	Filing 206 MOTION to Adjourn Conference by Michael Johnson. (Smith, Nathaniel)
May 19, 2021	Filing 205 Letter by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)
April 28, 2021	STATUS REPORT ORDER: On or before 5/19/2021, Defendant Gala is to file a status letter stating his position with regard to representation issues discussed on the 4/28/2021 record. If new counsel will appear or additional time is requested for that purpose, the appropriate filings should be made. Ordered by Magistrate Judge Vera M. Scanlon on 4/28/2021. (Quinlan, Krista)
April 28, 2021	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 4/28/2021. John David Lenoir, Peter Joseph Gleason and Nathaniel B. Smith appearing for Plaintiff. Kimberly Kirsten Brown appearing with Defendant Michael Gala. See separate docket entry for Order issuing from this proceeding. (FTR Log #4:05-5:19.) (Quinlan, Krista)
April 26, 2021	SCHEDULING ORDER: In light of the submission at #204 , a Dunton hearing will be held on Wednesday, April 28, 2021, at 4:00PM. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 4/26/2021. (Quinlan, Krista)
April 23, 2021	SCHEDULING ORDER: A Telephonic Settlement Conference is set for 5/27/2021 at 10:30 AM before Magistrate Judge Vera M. Scanlon. Counsel and Parties with full settlement authority are required to participate. On or before 5/20/2021, 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. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 4/23/2021. (Quinlan, Krista)
April 22, 2021	Filing 204 Letter re All Parties' Availability for Settlement Conf and Hearing by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)
April 20, 2021	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 4/20/2021. John David Lenoir, Peter Joseph Gleason and Nathaniel B. Smith appearing for Plaintiff. Kimberly Kirsten Brown, Karen Griffin, Seth H. Greenberg and Keith M. Sullivan appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:57-12:45.) (Quinlan, Krista)
April 20, 2021	STATUS REPORT ORDER: As discussed during the 4/20/2021 conference, on or before 4/23/2021, the Parties will file a joint status report letter confirming the parties availability for a settlement conference. Ordered by Magistrate Judge Vera M. Scanlon on 4/20/2021. (Quinlan, Krista)
April 19, 2021	RE-SCHEDULING ORDER: With apologies for the short notice, due to an unanticipated change in the Court's calendar, the conference scheduled for today is rescheduled to 4/20/2021 at 12:00 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 4/19/2021. (Quinlan, Krista)
April 13, 2021	SCHEDULING ORDER: A Telephone Conference is set for 4/19/2021 at 12:30 PM before Magistrate Judge Vera M. Scanlon. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. The Parties should expect to discuss the issues raised in their filings at ECF Nos. #200 through #203 . Ordered by Magistrate Judge Vera M. Scanlon on 4/13/2021. (Quinlan, Krista)
April 12, 2021	Filing 203 Letter in Response to Plaintiff's Status Report by Jake Lamonda (Greenberg, Seth)
April 12, 2021	Filing 202 Letter by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)
April 9, 2021	Filing 201 Letter Regarding Mediation by Joseph Kearney, Paul Mannix (Sullivan, Keith)
April 9, 2021	Filing 200 Letter re Status by Michael Johnson (Smith, Nathaniel)
April 9, 2021	ORDER RE #200 Plaintiff Status Letter. Defendant is ordered to respond to plaintiff's letter by Monday, April 12, 2021. Ordered by Judge Kiyo A. Matsumoto on 4/9/2021. (Urquiola, Rebecca)
March 30, 2021	Filing 199 ORDER granting in part and denying in part #165 Motion for Summary Judgment; granting in part and denying in part #171 Motion for Summary Judgment; granting in part and denying in part #175 Motion for Summary Judgment. For the reasons stated in the accompanying Memorandum and Order, this court DENIES (1) The City Defendants' motion for summary judgment as to the Title VII, NYSHRL, and NYCHRL retaliation claims; (2) Curneen, Gala, Lemonda, and the Individual Defendants' motions for summary judgment as to plaintiff's NYSHRL and NYCHRL claims; (3) The City Defendants' motion for summary judgment as to plaintiff's retaliatory hostile work environment claim; (4) Curneen, Gala, Lemonda, Kearney and Mannix's summary judgment motions pursuant to Section 1983; (5) Lemonda and the Individual Defendants' motions for summary judgment as to plaintiff's Section 1981 claim; and (6) The City Defendant's motion for summary judgement pursuant to Section 1983, alleging municipal liability. The court GRANTS all of the defendants' motions for summary judgment as to plaintiffs Sections 1985 and 1983 conspiracy claims. The parties are directed to confer and jointly advise the court via ECF as to how they intend to proceed by Friday, April 9, 2021. The parties are also urged to re-engage in settlement discussions and seek the assistance of Magistrate Judge Vera M. Scanlon in any settlement efforts. Ordered by Judge Kiyo A. Matsumoto on 3/30/2021. (Urquiola, Rebecca)
June 18, 2020	Filing 198 Letter in Resp. to Plaintiff's letter dated June 17, 2020 by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)
June 17, 2020	Filing 197 Letter regard recent Supreme Court decision by Michael Johnson (Smith, Nathaniel)
April 14, 2020	Filing 196 AFFIDAVIT/DECLARATION in Support re #165 MOTION for Summary Judgment filed by City of New York, Michael Curneen, Michael Gala. (Attachments: #1 Exhibit A, #2 Exhibit F, #3 Exhibit I, #4 Exhibit J, #5 Exhibit L, #6 Exhibit M) (Brown, Kimberly)
April 14, 2020	Filing 195 REPLY in Support re #165 MOTION for Summary Judgment Response to Pltf. Sur-Reply filed by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)
April 9, 2020	ORDER granting #164 and #194 Motions for leave to electronically file documents under seal. Counsel are directed to file the original documents under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. The court is likely to limit sealing to the extent the documents are cited in or appended to future motions, or relied on at trial. Ordered by Judge Kiyo A. Matsumoto on 4/9/2020. (Brasky, Michael)
April 8, 2020	Filing 194 MOTION to Seal Document - ECF Doc. 192-2 by Michael Johnson. (Smith, Nathaniel)
April 7, 2020	Filing 192 MEMORANDUM in Opposition re sur-reply filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Smith, Nathaniel)
March 31, 2020	ORDER granting #190 Motion for Leave to File. Plaintiff is granted leave to file a five-page sur-reply responding to the three issues raised in plaintiff's letter, dated March 27, 2020. The City Defendants are granted leave to file a five-page response to the sur-reply, if necessary. Plaintiff shall file any sur-reply no later than Tuesday, April 7, 2020; defendants shall file any response no later than Tuesday, April 14, 2020. Ordered by Judge Kiyo A. Matsumoto on 3/31/2020. (Brasky, Michael)
March 30, 2020	Filing 191 RESPONSE to Motion re #190 MOTION for Leave to File Document filed by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)
March 27, 2020	Filing 190 MOTION for Leave to File Document by Michael Johnson. (Smith, Nathaniel)
March 26, 2020	Filing 189 Letter re transmittal of courtesy copies by Michael Johnson (Smith, Nathaniel)
March 20, 2020	Filing 188 Letter re Courtesy Copies Delayed by Michael Johnson (Smith, Nathaniel)
March 20, 2020	Filing 187 Letter re MSJ Courtesy Copies Delayed by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)
March 20, 2020	Filing 186 Letter re: Summary Judgment Motion Papers by Joseph Kearney, Paul Mannix (Sullivan, Keith)
March 19, 2020	Filing 185 Letter re: Summary Judgment Motion Papers by Jake Lamonda (Greenberg, Seth)
March 19, 2020	Filing 184 REPLY in Support re #171 MOTION for Summary Judgment filed by Jake Lamonda. (Greenberg, Seth)
March 19, 2020	Filing 183 REPLY in Support re #175 Notice of MOTION for Summary Judgment on all claims filed by Joseph Kearney, Paul Mannix. (Sullivan, Keith)
March 19, 2020	Filing 182 AFFIDAVIT/DECLARATION in Opposition re #171 MOTION for Summary Judgment , #165 MOTION for Summary Judgment , #175 Notice of MOTION for Summary Judgment on all claims Smith Declaration and POX 1-61 filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit, #56 Exhibit, #57 Exhibit, #58 Exhibit, #59 Exhibit, #60 Exhibit, #61 Exhibit) (Smith, Nathaniel)
March 19, 2020	Filing 181 AFFIDAVIT/DECLARATION in Opposition re #175 Notice of MOTION for Summary Judgment on all claims, #171 MOTION for Summary Judgment , #165 MOTION for Summary Judgment Michael Johnson Declaration filed by Michael Johnson. (Smith, Nathaniel)
March 19, 2020	Filing 180 RULE 56.1 STATEMENT in Response to All Defendants' Rule 56.1 Statements filed by Michael Johnson. (Smith, Nathaniel)
March 19, 2020	Filing 179 MEMORANDUM in Opposition to Summary Judgment Motions by All Defendants filed by Michael Johnson. (Smith, Nathaniel)
March 19, 2020	Filing 178 MEMORANDUM in Support re #175 Notice of MOTION for Summary Judgment on all claims filed by Joseph Kearney, Paul Mannix. (Sullivan, Keith)
March 19, 2020	Filing 177 AFFIDAVIT/DECLARATION in Support re #175 Notice of MOTION for Summary Judgment on all claims filed by Joseph Kearney, Paul Mannix. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8) (Sullivan, Keith)
March 19, 2020	Filing 176 RULE 56.1 STATEMENT re #175 Notice of MOTION for Summary Judgment on all claims filed by Joseph Kearney, Paul Mannix. (Sullivan, Keith)
March 19, 2020	Filing 175 Notice of MOTION for Summary Judgment on all claims by Joseph Kearney, Paul Mannix. (Sullivan, Keith)
March 19, 2020	Filing 174 MEMORANDUM in Support re #171 MOTION for Summary Judgment filed by Jake Lamonda. (Greenberg, Seth)
March 19, 2020	Filing 173 AFFIDAVIT/DECLARATION in Support re #171 MOTION for Summary Judgment filed by Jake Lamonda. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H) (Greenberg, Seth)
March 19, 2020	Filing 172 RULE 56.1 STATEMENT re #171 MOTION for Summary Judgment filed by Jake Lamonda. (Greenberg, Seth)
March 19, 2020	Filing 171 MOTION for Summary Judgment by Jake Lamonda. (Greenberg, Seth)
March 18, 2020	Filing 170 AFFIDAVIT/DECLARATION in Support re #165 MOTION for Summary Judgment JOINT DEPOSITION APPENDIX filed by City of New York, Michael Curneen, Michael Gala. (Attachments: #1 Exhibit Joint Dep. Appx. A, pt. 1, #2 Exhibit Joint Dep. Appx. A, pt. 2, #3 Exhibit Joint Dep. Appx. A, pt. 3, #4 Exhibit Joint Dep. Appx. B, #5 Exhibit Joint Dep. Appx. C, #6 Exhibit Joint Dep. Appx. D, #7 Exhibit Joint Dep. Appx. E, #8 Exhibit Joint Dep. Appx. F, #9 Exhibit Joint Dep. Appx. G, #10 Exhibit Joint Dep. Appx. H) (Brown, Kimberly)
March 18, 2020	Filing 169 REPLY in Support re #165 MOTION for Summary Judgment filed by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)
March 18, 2020	Filing 168 MEMORANDUM in Support re #165 MOTION for Summary Judgment filed by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)
March 18, 2020	Filing 167 AFFIDAVIT/DECLARATION in Support re #165 MOTION for Summary Judgment filed by City of New York, Michael Curneen, Michael Gala. (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) (Brown, Kimberly)
March 18, 2020	Filing 166 RULE 56.1 STATEMENT re #165 MOTION for Summary Judgment filed by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)
March 18, 2020	Filing 165 MOTION for Summary Judgment by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)
March 18, 2020	Filing 164 Joint MOTION for Leave to Electronically File Document under Seal by City of New York, Michael Curneen, Michael Gala. (Attachments: #1 Exhibit BIT transcript, #2 Exhibit BIT transcript, #3 Exhibit BIT transcript, #4 Exhibit BIT transcript, #5 Exhibit BIT transcript, #6 Exhibit BIT transcript, #7 Exhibit BIT transcript, #8 Exhibit BIT transcript, #9 Exhibit BIT transcript, #10 Exhibit BIT transcript, #11 Exhibit BIT transcript, #12 Exhibit Smith Ex. 53, #13 Exhibit Smith 8, #14 Exhibit Smith 16, #15 Exhibit Smith 55, #16 Exhibit Smith 56, #17 Exhibit Smith 59, #18 Exhibit Sullivan 4, #19 Exhibit Sullivan 8, #20 Exhibit Brown Ex. A, #21 Exhibit Brown Ex. F, #22 Exhibit Brown Ex. I, #23 Exhibit Brown Ex. J, #24 Exhibit Brown Ex. L, #25 Exhibit Brown Ex. M) (Brown, Kimberly) (Attachments 13 and 18 corrupted and were replaced on 3/25/2021) (Lee, Tiffeny).
March 6, 2020	ORDER granting #163 Motion for Extension of Time to File Response/Reply. The court grants defendants' request to file their replies to March 19, 2020, and further grants the City Defendants' request for a three-page extension to their reply brief. Ordered by Judge Kiyo A. Matsumoto on 3/6/2020. (Brasky, Michael)
March 5, 2020	Filing 163 First MOTION for Extension of Time to File Response/Reply by Jake Lamonda. (Greenberg, Seth)
February 8, 2020	Filing 162 First MOTION for Extension of Time to File Response/Reply by Michael Johnson. (Smith, Nathaniel)
February 8, 2020	ORDER granting #162 Motion for Extension of Time to File Response/Reply. The court grants plaintiff's request to extend the deadline to serve plaintiff's opposition to defendants' motions for summary judgment. Plaintiff shall serve his opposition no later than February 17, 2020, and plaintiffs shall serve their reply, if any, and filed the fully-brief motions to ECF in logical order no later than March 10, 2020. Ordered by Judge Kiyo A. Matsumoto on 2/8/2020. (Brasky, Michael)
February 4, 2020	ORDER granting #161 Motion for Leave to File Excess Pages. Plaintiff's request to serve and file a memorandum of law, not to exceed 90 pages, in opposition to defendants' motions for summary judgment, is granted. Ordered by Judge Kiyo A. Matsumoto on 2/4/2020. (Brasky, Michael)
February 3, 2020	Filing 161 MOTION for Leave to File Excess Pages by Michael Johnson. (Smith, Nathaniel)
November 12, 2019	Filing 160 ORDER overruling plaintiff's objections [154, 155] and affirming Judge Scanlon's Decision to Quash Subpoena. For the reasons stated in the attached Order, the court OVERRULES plaintiff's objections and AFFIRMS Judge Scanlon's Order granting non-party Susan Edelman's motion to quash plaintiff's subpoena. Judge Scanlon properly exercised her discretion when she held that Edelman's sources and other newsgathering information with respect to the Article were confidential and that plaintiff did not overcome his burden to compel disclosure of Edelman's information. Accordingly, Judge Scanlon's Order is neither clearly erroneous nor contrary to law, and plaintiff's objections are overruled. Ordered by Judge Kiyo A. Matsumoto on 11/12/2019. (Brasky, Michael)
October 25, 2019	REPORT of Mediation unsettled. 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.Mediation Report due by 11/4/2019. (Weinstein, Robyn)
October 3, 2019	ORDER granting #159 Motion for Extension of Time to File. The court adopts the parties' proposed amended briefing schedule. The parties shall file the fully-briefed motion by February 25, 2020, and serve two courtesy copies on Chambers. Ordered by Judge Kiyo A. Matsumoto on 10/3/2019. (Mazzurco, Vincent)
October 2, 2019	Filing 159 Letter MOTION for Extension of Time to File by Paul Mannix. (Sullivan, Keith)
October 2, 2019	Filing 158 Letter dated 10/2/2019 by Keith M. Sullivan, counsel for defendants Paul Mannix and Joseph Kearney Requesting Postponement of the summary judgment motion for an additional 30 days.(Sullivan, Keith). Modified on 10/2/2019 to add named deft. that was erroneously omitted. (Layne, Monique).
September 24, 2019	SELECTION OF MEDIATOR: Joseph Kevin McKay selected as Mediator. The first mediation session will take place on October 21, 2019 at 10:00 AM at the NYED Brooklyn Federal Courthouse in Rooms 102 AN and 110 N. 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 11/4/2019. (Priftakis, Tina)
September 4, 2019	ORDER REFERRING CASE to Mediation. Mediation shall be completed by 11/1/2019Selection of Mediator due by 9/18/2019. In light of the briefing schedule set for defendants' motions for summary judgment, the parties are to inform the court if they anticipate needing to alter the briefing schedule by 11/1/2019. Ordered by Judge Kiyo A. Matsumoto on 9/4/2019. (Mazzurco, Vincent)
September 4, 2019	MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, 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. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. 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. (Priftakis, Tina)
September 4, 2019	Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 9/4/2019. Appearances: for plaintiff, Nathaniel Smith, Esq., Peter Gleason, Esq., and John Lenoir, Esq.; for defendants City of New York, Michael Gala, and Michael Curneen, Kimberly Brown, Esq.; for defendants Jake Lamonda, Seth Greenberg, Esq.; and for defendants Paul Mannix and Joseph Kearney, Keith Sullivan, Esq. The court held discussions on defendants' anticipated motions for summary judgment. The court heard from each defendant as to the bases they believe entitles them to summary judgment, and from plaintiff on the bases he believes entitles him to a jury trial on his claims. The court noted that there may be factual disputes that preclude summary judgment on some of defendants' stated bases. The parties were amenable to being referred to mediation, and the court will enter an order accordingly. The court also set a briefing schedule as follows: defendants to serve their opening briefs and Local Rule 56.1 statements by November 4, 2019; plaintiff shall serve his opposition by January 6, 2020; defendants shall reply by January 21, 2020. By January 21, 2020, then, the parties shall file via ECF their motion papers, in the order served, and serve two courtesy copies of the same on Chambers. If the parties wish to delay briefing the motions in light of any progress made at mediation, they shall inform the court and request an extension. (Court Reporter Mancuso, Anthony.) (Mazzurco, Vincent)
September 3, 2019	SCHEDULING ORDER: Due to a conflict with the court's calendar, the 11 a.m. teleconference scheduled for today is adjourned to tomorrow, September 4, 2019, at 9:30 a.m. The parties shall arrange a conference call and, once all parties are on the line, dial in to Chambers (718-613-2180). Ordered by Judge Kiyo A. Matsumoto on 9/3/2019. (Mazzurco, Vincent)
August 29, 2019	Filing 157 REPLY in Support re #155 Appeal of Magistrate Judge Decision to District Court filed by Michael Johnson. (Smith, Nathaniel)
August 27, 2019	ORDER: The parties are respectfully directed to serve two courtesy copies of their respective objection/appeal and response on Chambers. Ordered by Judge Kiyo A. Matsumoto on 8/27/2019. (Mazzurco, Vincent)
August 26, 2019	Filing 156 Letter dated August 26, 2019 to the Honorable Kiyo A. Matsumoto in response to #154 MOTION to Produce and Objections to Grant of Motion to Quash and Doc. #155 , in compliance with 08/20/2019 Order Re: #150 ORDER granting 143 Motion to Quash. by Susan Edelman (Balin, Robert)
August 20, 2019	ORDER: Defendant shall respond to plaintiff's objection, (ECF Nos. #154 - #155 ), no later than August 26, 2019. Ordered by Judge Kiyo A. Matsumoto on 8/20/2019. (Mazzurco, Vincent)
August 19, 2019	Filing 155 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Michael Johnson re #150 Order on Motion to Quash,,,, (Smith, Nathaniel)
August 19, 2019	Filing 154 MOTION to Produce and Objections to Grant of Motion to Quash, MOTION to Take Deposition from Sue Edelman by Michael Johnson. (Smith, Nathaniel)
August 16, 2019	Scheduling Order: Telephonic Pre Motion Hearing set for 9/3/2019 at 11:00 a.m. before Judge Kiyo A. Matsumoto. The court will hold a pre-motion conference to discuss defendants' proposed motions for summary judgment. The parties will arrange a conference call and, once all parties are on the line, dial in to Chambers (718-613-2180). Ordered by Judge Kiyo A. Matsumoto on 8/16/2019. (Mazzurco, Vincent)
August 14, 2019	Filing 153 Letter re Summary Judgment Conference by Michael Johnson (Smith, Nathaniel)
August 9, 2019	Filing 152 MOTION for pre motion conference in anticipation of moving for summary judgment by Joseph Kearney, Paul Mannix. (Sullivan, Keith)
August 9, 2019	Filing 151 MOTION for pre motion conference regarding proposed motion for summary judgment by Jake Lamonda. (Greenberg, Seth)
August 9, 2019	Filing 150 ORDER granting #143 Motion to Quash. For the reasons set forth in the attached Order, non-party Susan Edelman's Motion to Quash Plaintiff's subpoena #143 is granted. Ms. Edelman is entitled to the protection of the journalist's privilege with respect to the sources for, and newsgathering conducted in connection with, the article at issue (the "Article"). Were there a waiver, it would relate only to information already in Plaintiff's possession making any need for Ms. Edelman's deposition as to those facts unnecessary. Ms. Edelman has sufficiently established that her unnamed sources in the Article and the information they provided are confidential. Plaintiff has not met the burden, nor has he attempted to meet the burden, necessary to overcome Ms. Edelman's privilege with respect to confidential information. The additional information is not necessary given Plaintiff's extensively developed factual record in this case. The protections of the First Amendment and federal and state privilege law require the granting of the Reporter's motion. Ordered by Magistrate Judge Vera M. Scanlon on 8/9/2019. (Shanies, Rachel)
August 9, 2019	Filing 149 MOTION for pre motion conference in anticipation of moving for summary judgment by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)
August 6, 2019	Filing 148 Letter re Status by Michael Johnson (Smith, Nathaniel)
July 22, 2019	STATUS REPORT ORDER: On or before 8/5/2019, counsel are to submit a letter that discovery is complete, other than as to the proposed Edelman deposition. Ordered by Magistrate Judge Vera M. Scanlon on 7/22/2019. (Quinlan, Krista)
July 19, 2019	ORDER granting in part and denying in part #147 Consent Motion for Extension of Time to File. On or before 8/9/2019, 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 7/19/2019. (Shanies, Rachel)
July 17, 2019	Filing 147 Joint MOTION for Extension of Time to File Initiating Dispositive Motion Documents by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)
June 26, 2019	Filing 146 Letter by Michael Johnson (Smith, Nathaniel)
June 19, 2019	Filing 145 NOTICE of Appearance by Eric Joel Feder on behalf of Susan Edelman (aty to be noticed) (Feder, Eric)
June 4, 2019	Filing 144 RESPONSE in Opposition re #143 MOTION to Quash Subpoena Exhibit Filed Under Seal in Opposition filed by Michael Johnson. (Smith, Nathaniel)
June 4, 2019	Filing 143 MOTION to Quash Subpoena by Susan Edelman. (Attachments: #1 Memorandum in Support of Non-Party Susan Edelman's Motion to Quash Subpoena, #2 Affidavit in Support of Susan Edelmans Motion to Quash Subpoena, #3 Declaration of Eric J. Feder in support of Susan Edelmans Motion to Quash Subpoena, #4 Exhibit "A" (the "Subpoena"), #5 Exhibit "B" (January 7, 2019 E-mail), #6 Exhibit "C" (January 29, 2019 E-mail), #7 Exhibit "D" (January 29, 2019 E-mail in response), #8 Exhibit "E" (Deposition Responses), #9 Exhibit "F" (Transcript), #10 Memorandum in Opposition Plaintiffs Memorandum of Law In Opposition to Motion to Quash Subpoena, #11 Declaration of Nathaniel B. Smith in Opposition, #12 Exhibit "1" of Nathaniel B. Smith's Declaration filing under seal, #13 Exhibit "2" (Mannix excerpts), #14 Exhibit "3" (Johnosn Tr. excerpts), #15 Memorandum in Support Reply Memorandum in further support of Non-party Susan Edelman's Motion to Quash Subpoena) (Balin, Robert)
May 31, 2019	Filing 142 Letter dated May 31, 2019 from Robert D. Balin to Magistrate Judge Vera M. Scanlon, by Susan Edelman (Balin, Robert)
May 9, 2019	Filing 141 NOTICE of Appearance by Sandy Jainauth-Barone on behalf of Jake Lamonda (aty to be noticed) (Jainauth-Barone, Sandy)
May 7, 2019	Filing 140 SCHEDULING ORDER: As discussed during the 5/7/2019 conference (see attached order for additional detail and deadlines), all discovery must be completed by 6/24/2019. On or before 6/25/2019, the Parties will file a joint status report letter confirming that discovery is complete. On or before 7/24/2019, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. The petition and blog/fb post need not be produced for the reasons discussed. Counsel are going to determine in the next 14 days whether Plaintiff's deposition will be reopened as to two late recordings. The City of NY will review the Plaintiff's requests made after depositions in 45 days if available. The City will respond to the BITS inquiry in the near future. All outstanding discovery questions must be made within 15 days of this conference. Counsel stated they have not retained any experts. The Post may have until 5/31/2019 to complete the briefing on the motion to quash. Ordered by Magistrate Judge Vera M. Scanlon on 5/7/2019. (Quinlan, Krista)
May 7, 2019	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 5/7/2019 in Courtroom 13A South. John Lenoir and Peter Gleason appearing for Plaintiff. Kimberly Brown, Seth Greenberg and Sandy Barone appearing for Defendants. Ms. Barone is to file a notice of appearance. See separate docket entry for Order issuing from this proceeding. (FTR Log #12:04-12:59; 1:17-1:18.) (Quinlan, Krista)
May 6, 2019	Filing 139 Order Dismissing Parties, that, pursuant to Fed. R. Civ. P, 41(a)(l)(A)(ii), Plaintiff Michael Johnson's Complaint against Defendant James McCarthy is hereby dismissed with prejudice, with each party to bear his own costs, attorneys' fees, and expenses. Party James McCarthy (new party) terminated. (Ordered by Judge Kiyo A. Matsumoto on 5/3/2019) C/M (Galeano, Sonia)
May 3, 2019	Filing 138 STIPULATION of Dismissal with prejudice by James McCarthy (Rabinowitz, Steven)
April 24, 2019	ORDER granting #137 Motion for Extension of Time to File Response/Reply. Plaintiff's opposition shall be served on April 29, 2019, and Defendant's Reply shall be served on May 8, 2019. Once the motion is fully briefed, it shall be filed on ECF. Ordered by Magistrate Judge Vera M. Scanlon on 4/24/2019. (McCuiston, Hannah)
April 23, 2019	Filing 137 First MOTION for Extension of Time to File Response/Reply by Michael Johnson. (Smith, Nathaniel)
March 28, 2019	ORDER granting #136 Motion for Extension of Time to File Response/Reply. The motion to quash shall be served by April 11, 2019, the opposition, by April 25, 2019, and the reply, by May 2, 2019. All papers shall be filed once the motion is fully briefed. Ordered by Magistrate Judge Vera M. Scanlon on 3/28/2019. (McCuiston, Hannah)
March 27, 2019	Filing 136 Letter MOTION for Extension of Time to File Response/Reply Re: Order Granting #134 Motion for Extension of Time - Briefing on Motion to Quash, by Susan Edelman. (Balin, Robert)
March 27, 2019	Filing 135 NOTICE of Appearance by Robert D. Balin on behalf of Susan Edelman (aty to be noticed) (Balin, Robert)
March 22, 2019	ORDER granting #134 Motion for Extension of Time to File. The motion to quash shall be served by April 4, 2019, opposition to the motion shall be served by April 18, 2019 and the reply shall be served by April 25, 2019. The motion shall be filed on ECF once it has been fully briefed. Ordered by Magistrate Judge Vera M. Scanlon on 3/22/2019. (McCuiston, Hannah)
March 15, 2019	Filing 134 MOTION for Extension of Time to File motion to quash and set schedule by Michael Johnson. (Smith, Nathaniel)
March 5, 2019	ORDER granting #133 Motion to Adjourn Conference; granting #133 Motion for Extension of Time to Complete Discovery. The Parties' proposed revised schedule at #133 is so ordered. No further extensions absent exigent circumstances. Counsel are advised that the Status Conference currently scheduled for 3/6/2019 has been rescheduled to 5/7/2019 at 12:00 PM in Courtroom 13A South 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 3/5/2019. (Quinlan, Krista) Modified on 5/6/2019 to change the conference time from 12:15 PM to 12:00 PM. (Oliner, Daniel).
March 1, 2019	Filing 133 MOTION to Adjourn Conference , MOTION for Extension of Time to Complete Discovery Joint Request by Michael Johnson. (Smith, Nathaniel)
February 25, 2019	ORDER re #132 : The Court GRANTS the joint request but only to the extent that the non-party witnesses agree to provide sworn testimony in the form of interrogatories. Otherwise, counsel shall schedule in-person depositions or conduct the depositions by written questions. See Fed. R. Civ. P. 31. Counsel are reminded to use the correct case number on communications with the Court. Ordered by Magistrate Judge Vera M. Scanlon on 2/25/2019. (McCuiston, Hannah)
February 20, 2019	Filing 132 Letter re Rule 30b6 - Joint Letter by Michael Johnson (Smith, Nathaniel)
January 9, 2019	Filing 131 SCHEDULING ORDER: As discussed during the 1/9/2019 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 3/6/2019 at 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Settlement discussions are ongoing. By 2/20/2019, counsel are to submit a joint letter as to their respective positions on the two 30(b)(6) witnesses for the BITS issue and anti-retaliation for priority hire procedures. By 1/16/2019, defendant to serve the Gleason written deposition questions. The response is due by 1/23/2019. By 1/23/2019, plaintiff to provide defendants with a copy of the Posh's written responses to the document subpoena. Ordered by Magistrate Judge Vera M. Scanlon on 1/9/2019. (Quinlan, Krista)
January 9, 2019	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 1/9/2019 in Courtroom 13A South. John Lenoir, Peter Gleason and Nathaniel Smith appearing for Plaintiff. Heather Martone, Kimberly Brown, Seth Greenberg (via telephone), Keith Sullivan, Steven Berlowitz and Steven Rabinowitz appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #1:07-2:17.) (Quinlan, Krista)
December 26, 2018	Filing 130 AMENDED ANSWER to Defendant Lemonda's Answer to Third Amended Complaint #115 Amended Complaint, by Jake Lamonda. (Greenberg, Seth)
December 21, 2018	Filing 129 ORDER granting in part and denying in part #100 & #101 Motion to Quash. For the reasons stated herein, this Court grants in part and denies in part Plaintiff's motion to quash the subpoena of its counsel, Mr. Gleason, and denies Mr. Gleason's motion for leave to file his unredacted declaration under seal. Plaintiff is ordered to produce Mr. Gleason for a deposition on written questions as permitted within 60 days of the date of this Order. Mr. Gleason does not need to produce his telephone records for the period of March 1, 2015 through May 31, 2015. Ordered by Magistrate Judge Vera M. Scanlon on 12/21/2018. (Pearce, Jessica)
December 17, 2018	Filing 128 ANSWER to Complaint Third Amended Complaint by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Brown, Kimberly)
December 7, 2018	Filing 127 TRANSCRIPT of Proceedings held on October 25, 2018, before Judge Scanlon. Court Reporter/Transcriber Transcription 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 12/28/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/7/2019. (Hong, Loan)
November 27, 2018	Filing 126 ORDER, That the 18-cv-2842 action is hereby discontinued with each party bearing his own costs. That all statute of limitations periods for the claims asserted against the deft in 18-cv-2842, Paul D. Mannix, Joseph Kearney, James McCarthy, shall be agreed to use the date of commencement of the 18-cv-2842 action, 5/12/18, for the purpose of calculating the relevant time periods for any defense that a claim or cause of action is barred by the applicable limitations period, unless discovery reveals that the statute of limitations commenced on the causes of action prior to, then such date shall be used for calculating the relevant statute of limitations. (Must see Order for further details) (Ordered by Judge Kiyo A. Matsumoto on 11/21/2018) c/m (Galeano, Sonia)
November 26, 2018	Filing 125 ANSWER to #115 Amended Complaint, by Joseph Kearney. (Sullivan, Keith)
November 26, 2018	Filing 124 ANSWER to #115 Amended Complaint, by Paul Mannix. (Sullivan, Keith)
November 26, 2018	Filing 123 NOTICE of Appearance by Keith M. Sullivan on behalf of Joseph Kearney (aty to be noticed) (Sullivan, Keith)
November 26, 2018	Filing 122 NOTICE of Appearance by Keith M. Sullivan on behalf of Paul Mannix (aty to be noticed) (Sullivan, Keith)
November 21, 2018	Filing 121 NOTICE of Appearance by Steven Charles Berlowitz on behalf of James McCarthy (aty to be noticed) (Berlowitz, Steven)
November 21, 2018	Filing 120 ANSWER to #115 Amended Complaint, by James McCarthy. (Rabinowitz, Steven)
November 21, 2018	Filing 119 NOTICE of Appearance by Steven Michael Rabinowitz on behalf of James McCarthy (aty to be noticed) (Rabinowitz, Steven)
November 7, 2018	Filing 118 Letter re Status by Michael Johnson (Smith, Nathaniel)
November 1, 2018	Filing 117 AMENDED Summons Issued as to Joseph Kearney, Paul Mannix, and James McCarthy. (Galeano, Sonia)
October 31, 2018	Filing 116 Proposed Summons. by Michael Johnson (Smith, Nathaniel)
October 31, 2018	Filing 115 AMENDED COMPLAINT (Third Amended Complaint) against Paul Mannix, Joseph Kearney, James McCarthy, filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit) (Smith, Nathaniel)
October 25, 2018	Filing 114 SCHEDULING ORDER: As discussed during the 10/25/2018 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 1/9/2019 at 1:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The Court heard argument on the motion to quash the Gleason subpoena. Ordered by Magistrate Judge Vera M. Scanlon on 10/25/2018. (Quinlan, Krista)
October 25, 2018	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 10/25/2018 in Courtroom 13A South. Nathaniel Smith appearing for Plaintiff. Kimberly Brown and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #12:29-1:05.) (Quinlan, Krista)
October 24, 2018	Filing 113 ORDER granting #108 Motion for Leave to File Amended Complaint. For the reasons set forth in the attached Memorandum and Order, the Motion to Amend is GRANTED. Plaintiff is respectfully directed to file a Third Amended Complaint as a separate docket entry within seven (7) days of the entry of this order. As discussed in the attached Memorandum and Order, plaintiff may include additional factual allegations to establish that defendants Mannix and Kearney were personally involved in depriving him of his federal rights, and that they acted "under color of law." Additionally, the parties are respectfully directed to file a joint letter to the court stating how they intend to proceed in this action and in 18-CV-2842 within fourteen (14) days. Plaintiff is urged to seriously consider dismissing the Second Action, 18-CV-2842, or to explain in the joint letter why it is necessary to maintain the Second Action. Ordered by Judge Kiyo A. Matsumoto on 10/24/2018. (Flores, Diego)
October 19, 2018	ORDER staying #100 / #101 Motion to Quash. SCHEDULING ORDER: An in-person Status Conference is set for 10/25/2018 at 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel is advised that this conference is scheduled for 1 hour. Counsel should be prepared to discuss #100 / #101 and any discovery issues. Ordered by Magistrate Judge Vera M. Scanlon on 10/19/2018. (Pearce, Jessica)
October 5, 2018	Filing 112 Letter re Transmittal of Courtesy Copies by Michael Johnson (Smith, Nathaniel)
October 5, 2018	Filing 111 MEMORANDUM in Opposition Of Plaintiff's Motion To Amend And Consolidate On The Behalf Of Defendants Paul D. Mannix and Joseph Kearney sued here as John Doe(s) filed by John Doe or Jane Doe. (Sullivan, Keith)
October 5, 2018	Filing 110 REPLY in Support of Motion to Amend filed by Michael Johnson. (Smith, Nathaniel)
October 5, 2018	Filing 109 MEMORANDUM in Support of Motion to Amend filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit) (Smith, Nathaniel)
October 5, 2018	Filing 108 MOTION to Amend/Correct/Supplement by Michael Johnson. (Smith, Nathaniel)
September 5, 2018	Filing 107 SCHEDULING ORDER: SCHEDULING ORDER: As discussed during the 9/5/2018 conference (see attached order for additional detail and deadlines), discovery in these cases is coordinated and may be consolidated. In the "18" case per the District Court's orders, Plaintiff will file a motion to amend in the "16" case. An order to avoid duplication, discovery in each case is as follows: 1) Defendants and Plaintiff in the "16" case are to provide the "18" Defendant with copies of discovery to date, if not already done. 2) Discovery (fact) closes on 1/31/2019. 3) Expert discovery closes on 3/15/2019. 4) PMC on dispositive motion due on 4/12/2019. 5) Letter confirming discovery complete by 3/15/2019. 6) JPTO due on 6/14/2019. Ordered by Magistrate Judge Vera M. Scanlon on 9/5/2018. (Quinlan, Krista)
September 5, 2018	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 9/5/2018 in Courtroom 13A South. John Lenoir, Peter Gleason and Nathaniel Smith appearing for Plaintiff. Kimberly Brown and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #2:50-3:00.) (Quinlan, Krista)
August 22, 2018	SCHEDULING ORDER: As discussed on the record at the in-court pre-motion conference held in Johnson v. Mannix et al., case no. 18-cv-2842 (the "Second Action"; see August 22, 2018 Minute Entry in 18-cv-2842), plaintiff will move for leave to amend the complaint in this action to include the defendants in the Second Action. The court ORDERED the following briefing schedule: plaintiff shall serve, but not file, his motion to amend, on or before September 7, 2018. Any opposition shall be served, but not filed, on or before September 28, 2018. Plaintiff's reply shall be served on or before October 5, 2018. On the date the reply is served, the parties shall upload their motion papers to ECF on the docket of this action in the order served. Additionally, each party shall serve two courtesy copies of its motion papers on chambers. Ordered by Judge Kiyo A. Matsumoto on 8/22/2018. (Flores, Diego)
August 20, 2018	ORDER granting consent #106 Motion to Adjourn Conference. At the request of the parties, the 8/22/2018 Status Conference is rescheduled to 9/5/2018 at 2:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 8/20/2018. (Quinlan, Krista)
August 18, 2018	Filing 106 MOTION to Adjourn Conference by Jake Lamonda. (Greenberg, Seth)
August 17, 2018	Filing 105 RESPONSE in Opposition re #100 Letter MOTION to Quash Subpoena filed by Jake Lamonda. (Attachments: #1 Exhibit Exhibit 1) (Greenberg, Seth)
August 17, 2018	ORDER denying #104 Motion for Discovery. Plaintiff's request for an order compelling Defendants to perform additional searches of their records is denied. The Court previously determined that it was reasonable for Defendants to produce materials related to certain unrelated investigations of alleged leaks of confidential information from the FDNY so that Plaintiff could explore, inter alia, whether the FDNY has a practice of failing to respond properly to leak allegations. Defendants have made a significant production of materials of more than 2000 pages. Plaintiff now speculates that additional material must be available to the FDNY, but that it has deliberately not been produced. Although Plaintiff points to particular references in the produced materials that suggest the existence of other documents, Defendants have explained that the FDNY has conducted a diligent search but cannot locate them. The Court accepts the representations of Defendants' counsel and the declaration under penalty of perjury of FDNY Deputy Director Joseph T. Palazzolo II as to the efforts made to locate responsive materials. For example, Deputy Director Palazzolo confirmed that he conducted a review of the FDNY's records for additional Simkins materials. He reasonably explained the gap in the FDNY's file as to transcripts for the Simpkins investigation. See ECF 04-3, paras. 6-10. As to the investigators' identities, Defendants state that they have provided their names, and that they are former employees; it is unclear what additional information Plaintiff believes that Defendants should be able to produce on this point. The Court concludes that Defendants have conducted a sufficiently diligent search to comply with the Court's previous Order compelling production of files of other leak investigations. There is no prejudice to Plaintiff by the lack of an additional production because Plaintiff has sufficient materials with which to explore previous instances of alleged leaks and the FDNY's general pattern of responding to such allegations. Any additional input of resources by Defendants into searching for the requested materials would be unduly burdensome relative to Plaintiff's need for them.The request for sanctions is denied as well. In this vein, the Court is troubled that Plaintiff's counsel's communications in this case question the professional character of Defendants' counsel and employees of the FDNY who assisted Defendants' counsel. Examples of unnecessarily accusatory language includes the following from Plaintiff's counsel in the recent letter motion: a) describing Defendants' counsel's explanations as "confusing" and "muddy"; b) "...it is clear to us that the FDNY has purposefully failed to comply..."; c) "Hence, the BITS investigation was a major event for BITS and the FDNY, and its more recent efforts to sweep it under the rug (and pretend they cannot find it) should be rejected." In light of Defendants' counsel's representations as an officer of the Court and Deputy Director Palazzolo's sworn statements of the thorough search that they have conducted for the requested materials, there is no basis in the record to support Plaintiff's counsel's implication that either has intentionally withheld documents contrary to the Court's Order. The Court reminds counsel that the Court expects professional cooperation and courtesy among counsel. See Local Civil Rule 26.4. Ordered by Magistrate Judge Vera M. Scanlon on 8/17/2018. (Quinlan, Krista)
August 17, 2018	RE-SCHEDULING ORDER: In light of Judge Matsumoto's 8/17/2018 Order, the 9/5/2018 Status Conference is rescheduled to 8/22/2018 at 12:15 PM in Courtroom 13A South 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 8/17/2018.
August 16, 2018	Filing 104 Letter MOTION for Discovery Joint Status Letter by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Brown, Kimberly)
August 13, 2018	RE-SCHEDULING ORDER: Due to a scheduling conflict, the Status Conference set for 9/5/2018 will begin at 2:30 PM (not 3:00 PM) in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The Court has allocuted one hour for this conference. If more time is needed, another conference will be scheduled. Ordered by Magistrate Judge Vera M. Scanlon on 8/13/2018. (Quinlan, Krista)
August 10, 2018	Filing 103 TRANSCRIPT of Proceedings held on July 25, 2018, before Judge Scanlon. Court Transcriber: Fiore Reporting and Transcription Service, 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 8/31/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/8/2018. (Rocco, Christine)
August 9, 2018	ORDER granting consent #102 Motion to Adjourn Conference. The 8/23/2018 status conference is adjourned to the 9/5/2018 scheduled conference. Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 8/9/2018. (Quinlan, Krista)
August 8, 2018	Filing 102 Joint MOTION to Adjourn Conference on Consent by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Brown, Kimberly)
August 8, 2018	SCHEDULING ORDER: An in-person Status Conference is set for 8/23/2018 at 10:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 8/8/2018. (Pearce, Jessica)
August 7, 2018	Filing 101 Letter MOTION to Quash and File In Camera Declaration by Michael Johnson. (Attachments: #1 Notice of Motion Letter Requesting In Camera Inspection) (Smith, Nathaniel)
August 7, 2018	Filing 100 Letter MOTION to Quash Subpoena by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit) (Smith, Nathaniel)
July 25, 2018	Filing 99 Letter to Magistrate Judge Scanlon by Michael Johnson (Smith, Nathaniel)
July 25, 2018	Filing 98 SCHEDULING ORDER: As discussed during the 7/25/2018 conference (see attached order for additional detail and deadlines), all discovery must be completed by 10/31/2018. On or before 10/31/2018, the Parties will file a joint status report letter confirming that discovery is complete. On or before 11/30/2018, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge An in person Status Conference is set for 9/5/2018 at 3:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. (Mannix case as well). Parties failed to file status letter per the 4/11/2018. During the conference, Defendants' counsel outlines the dispute as to the materials produced by the City as to four individuals to whom investigations were conducted. The Parties are encouraged to discuss resolving the dispute. Plaintiff seems (per Defendant) to request recordings/transcripts for the investigations. Per the Sinkins investigation, transcript/recordings cannot be located. Per the other three investigations, all materials have been produced, including transcripts/recordings. Any remaining dispute is to be raised via a joint status letter submitted by 8/17/2018. Defendants' counsel should include the J. Pallozolo II affidavit with the status letter. Counsel should consider a settlement conference as to both cases. Plaintiff to notice/subpoena any depositions by 8/17/2018 to be taken by 10/31/2018. Plaintiff's counsel failed to appear or respond to the Court calls. By 8/1/2018, they must submit a letter explaining the nonappearance. As a sanction, Plaintiff's counsel must obtain today's transcript. Defendants intend to depose Mr. Gleason and Mr. Johnson. Mr. Gleason's deposition will be scheduled for September. Any motion to quash in whole or in part should be made by 8/7/2018. Any opposition is due by 8/17/2018. No reply is needed. Mr. Johnson's deposition to be completed by 9/28/2018. Defendant (City) will notice the deposition, most likely by 9/17/2018 or 9/18/2018 at Corp. Counsel office. Plaintiff's counsel is to confirm that any damages related evidence has been or will be produced by 8/17/2018. All counsel are encouraged to discuss scheduling issues in this case and the Mannix case to address overlapping depositions, sharing document productions and the possibilities of a consolidated trial (which if requested would be a request to the District Judge) etc. Ordered by Magistrate Judge Vera M. Scanlon on 7/25/2018. (Quinlan, Krista)
July 25, 2018	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 7/25/2018 in Courtroom 13A South. No appearance for Plaintiff. Kimberly Brown and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:57-1:02.) (Quinlan, Krista)
July 6, 2018	ORDER granting consent #97 Motion to Adjourn Conference. At the request of the parties, the 7/12/2018 Status Conference is rescheduled to 7/25/2018 at 11:30 AM in Courtroom 13A South 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 7/6/2018. (Quinlan, Krista)
July 5, 2018	Filing 97 Letter MOTION to Adjourn Conference on Consent by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Brown, Kimberly)
June 28, 2018	RE-SCHEDULING ORDER: Due to a scheduling conflict, the Status Conference set for 7/12/2018 will begin at 11:30 AM (not 12:00 PM) in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. The Court has allocuted one hour for this conference. If more time is needed, another conference will be scheduled. Ordered by Magistrate Judge Vera M. Scanlon on 6/28/2018. (Quinlan, Krista)
May 25, 2018	Filing 96 Letter in Response to Judge Weinstein's order requesting briefing on relationship between Johnson v. City et al and Johnson v. Mannix et al by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)
May 25, 2018	Filing 95 Letter in Response to Judge Weinstein's order requesting briefing on relationship between Johnson v. City et al and Johnson v. Mannix et al by Jake Lamonda (Attachments: #1 Johnson Protective Order) (Greenberg, Seth)
May 21, 2018	Filing 94 ANSWER to #87 Amended Complaint, by Jake Lamonda. (Greenberg, Seth)
May 17, 2018	ORDER granting #93 Motion to Withdraw as Attorney. Attorney Heather Marie Martone terminated. Ordered by Magistrate Judge Vera M. Scanlon on 5/17/2018. (Quinlan, Krista)
May 16, 2018	Filing 93 MOTION to Withdraw as Attorney Heather Martone by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Declaration) (Martone, Heather)
May 16, 2018	Filing 92 ORDER re (91 in 1:16-cv-06426-KAM-VMS) Notice of Related Case filed by Michael Johnson, (6 in 1:18-cv-02842-JBW-PK) Notice of Related Case. The parties shall submit briefs on the issue of relationship within 10 days. Oral argument is not required. So Ordered by Judge Jack B. Weinstein on 5/16/2018. (Lee, Tiffeny)
May 15, 2018	Filing 91 Notice of Related Case 18-cv-2842 (JBW) (PK) (Smith, Nathaniel)
May 15, 2018	ORDER granting #90 Motion for Extension of Time to Answer as to Jake Lamonda. Defendant's deadline to answer the Amended Complaint or otherwise move is extended to 5/21/2018. Ordered by Magistrate Judge Vera M. Scanlon on 5/15/2018. (Quinlan, Krista)
May 14, 2018	Filing 90 MOTION for Extension of Time to File Answer re #87 Amended Complaint, by Jake Lamonda. (Greenberg, Seth)
May 14, 2018	Filing 89 ANSWER to #87 Amended Complaint, by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)
May 14, 2018	Filing 88 Notice of Related Case (Davis, Kimberly)
April 30, 2018	Filing 87 AMENDED COMPLAINT (Second) against City of New York, Michael Curneen, Michael Gala, John Doe or Jane Doe, Jake Lamonda, Daniel A. Nigro, filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Smith, Nathaniel)
April 11, 2018	Filing 86 ORDER granting #81 Motion for Discovery. As discussed during the 4/11/2018 conference (see attached order for additional detail and deadlines), all discovery including fact discovery must be completed by 8/31/2018. On or before 8/31/2018, the Parties will file a joint status report letter confirming that discovery is complete. On or before 9/28/2018, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 10/29/2018, the Parties will file their joint Proposed Pretrial Order. An in person Status Conference is set for 7/12/2018 at 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 7/9/2018, the Parties will file a joint status report letter. Counsel are urged to schedule a settlement conference. For the reasons discussed and stated on the record, the motion for discovery at #81 is granted. In brief, the City itself leaked the investigations of leaks to the Post reporter in its affidavit in State Court in the Houghton application, per the Wallace affidavit at [81-1]. As discussed by the Court in the motion to dismiss, Plaintiff's Claim of Title VII discrimination is proceeding and includes the release of the material that was addressed in the Post article. Defendant has not shown, or even offered any significant evidence of burdensomeness. The production should be made by 6/11/2018. Counsel are urged to review the District Court's decision at #82 before filing any additional action(s). Ordered by Magistrate Judge Vera M. Scanlon on 4/11/2018. (Quinlan, Krista)
April 11, 2018	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 4/11/2018 in Courtroom 13A South. John Lenoir, Peter Gleason and Nathaniel Smith appearing for Plaintiff. Kimberly Brown and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:34-1:06.) (Quinlan, Krista)
April 9, 2018	Filing 85 Letter re Status by Michael Johnson (Smith, Nathaniel)
April 5, 2018	ORDER denying #84 Motion for Leave to File a Reply. SCHEDULING ORDER: An in-person Status Conference is set for 4/12/2018 at 11:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 4/5/2018. (Pearce, Jessica)
April 4, 2018	Filing 84 MOTION for Leave to File Reply by Michael Johnson. (Smith, Nathaniel)
April 3, 2018	Filing 83 RESPONSE in Opposition re #81 MOTION for Discovery filed by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Exhibit A) (Brown, Kimberly)
March 31, 2018	Filing 82 ORDER granting in part and denying in part #47 Lemonda's Motion to Dismiss for Failure to State a Claim; granting #48 City Defendants' Motion to Dismiss for Failure to State a Claim. For the reasons set forth in the attached memorandum and order, the defendants' motions to dismiss are granted in part and denied in part. Specifically, (1) the City Defendants' motion to dismiss all claims against Nigro, who is sued only in his official capacity, is GRANTED. As set forth above, because plaintiff has had the opportunity to plead a claim against Nigro in his individual capacity but has twice chosen not to do so, he is not granted leave to amend the complaint with respect to its claims against Nigro. (2) Lemonda's motion to dismiss plaintiff's NYSHRL and NYCHRL claims against him is DENIED. (3) The City Defendants' motion to dismiss plaintiff's Title VII claims arising prior to April 9, 2015 is GRANTED to the extent that plaintiff cannot recover under Title VII for discrete acts about which he became aware prior to that date. However, plaintiff may rely on events occurring prior to April 9, 2015 in (a) seeking to establish the causation element of his Title VII, NYSHRL, and NYCHRL retaliation claims and (b) seeking to establish his retaliatory hostile work environment claim, which the court concludes he has sufficiently pleaded. (4) The City Defendants' motion to dismiss plaintiff's section 1981 claim against them as non-state actors is GRANTED. (5) Lemonda's motion to dismiss plaintiff's section 1981 claim against him is DENIED. (6) The City Defendants' and Lemonda's motions to dismiss plaintiff's section 1983 First Amendment retaliation claim are granted. (7) The City Defendants' and Lemonda's motions to dismiss plaintiff's negligent and intentional infliction of emotional distress claims are GRANTED. (8) The City Defendants' and Lemonda's motions to dismiss plaintiff's claim are GRANTED, without prejudice to plaintiff's ability to seek a contempt finding in the Class Action. Plaintiff may re-plead his section 1981 claim against the City Defendants (with the exception of Nigro) as state actors pursuant to section 1983, alleging violation of plaintiff's rights protected by section 1981. Plaintiff may not re-plead any other dismissed claim. The parties are directed to confer and jointly advise the court as to how they intend to proceed no later than April 9, 2018. Ordered by Judge Kiyo A. Matsumoto on 3/31/2018. (Flores, Diego)
March 30, 2018	Filing 81 MOTION for Discovery by Michael Johnson. (Attachments: #1 Exhibit Wallace Affidavit, #2 Exhibit NY Post stories, #3 Exhibit Defendants' Discovery Responses) (Smith, Nathaniel)
March 28, 2018	Filing 80 NOTICE of Appearance by Kimberly Kirsten Brown on behalf of City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (aty to be noticed) (Brown, Kimberly)
March 28, 2018	ORDER granting #77 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Vera M. Scanlon on 3/28/2018. (Pearce, Jessica)
March 15, 2018	ORDER granting consent #79 Motion to Adjourn Conference. At the request of the parties, the 4/2/2018 Status Conference is rescheduled to 4/11/2018 at 11:30 AM in Courtroom 13A South 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 3/15/2018. (Quinlan, Krista)
March 14, 2018	Filing 79 Letter MOTION to Adjourn Conference by Jake Lamonda. (Greenberg, Seth)
February 5, 2018	ORDER granting #78 Motion for Discovery. City Defendants time to produce telephone records is extended to 2/9/18. Ordered by Magistrate Judge Vera M. Scanlon on 2/5/2018. (Pearce, Jessica)
February 1, 2018	Filing 78 MOTION for Discovery to Extend Time to Comply with Your Honor's 1/3/2018 Order and for a So-Ordered Subpeona by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Subpeona to be So-Ordered) (Pogula, Monica)
February 1, 2018	ORDER denying #74 #75 Objections to #72 Memorandum & Order Granting in Part Motion to Compel. On January 3, 2018, Magistrate Judge Scanlon issued a #72 Memorandum & Order (the "Order") granting in part plaintiff's motion to compel the production of certain phone records. In relevant part, the Order directed defendants to "produce the unredacted telephone records for Defendant Curneens personal cellular telephone and landline, Defendant Galas two employeeissuedcellular telephones, home landline, and office landline, Defendant Lamondas cellular telephone, and the Battalion 58, Engine 257 and/or Ladder 170 landlines," from the period of March 1, 2015 to May 31, 2015, or to provide releases for those records. (Order at 8.) Defendant City of New York (the "City") has filed an #75 objection and requested modification of the Order, and defendant James Lemonda ("Lemonda") has filed an #74 objection seeking reversal of the Order. With certain exceptions not relevant here, "a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court.... A judge of the court may reconsider any pretrial matter under this subparagraph [] where it has been shown that the magistrate judge's order is clearly erroneous or contrary to law." 28 U.S.C. 636 (b)(1)(A). Here, the parties have not shown that Magistrate Judge Scanlon's Order is clearly erroneous or contrary to the law. As such, Judge Scanlon's well reasoned and legally supported Order is affirmed in its entirety, without prejudice to the ability of defendants City or Lemonda to raise the existence of privilege or good cause to redact specific phone numbers as required by the Federal and Local Civil Rules. To the extent defendants wish to raise such issues, they shall provide a log with respect to specific phone numbers, and shall identify the numbers and the individual or entity using or subscribing to the number or numbers defendants propose to redact, and state the basis for asserting privilege and/or provide good cause for the redaction. Ordered by Judge Kiyo A. Matsumoto on 2/1/2018. (Flores, Diego)
January 31, 2018	Filing 77 MOTION for Leave to Electronically File Document under Seal by Michael Johnson. (Smith, Nathaniel)
January 31, 2018	Filing 76 RESPONSE to Motion re #74 Letter MOTION for Discovery Objecting to Pretrial Order for Production of Unredacted Personal Telephone Records, #75 Letter MOTION for Reconsideration re #72 Order on Motion to Compel,,,, Memorandum & Opinion,,, filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Smith, Nathaniel)
January 17, 2018	Filing 75 Letter MOTION for Reconsideration re #72 Order on Motion to Compel,,,, Memorandum & Opinion,,, by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Exhibit Exhibit A - Pages from Defendant Gala's investigation testimony, #2 Exhibit Exhibit A - Pages from Defendant Curneen's investigation testimony) (Pogula, Monica)
January 17, 2018	Filing 74 Letter MOTION for Discovery Objecting to Pretrial Order for Production of Unredacted Personal Telephone Records by Jake Lamonda. (Greenberg, Seth)
January 16, 2018	SCHEDULING ORDER: An in person Status Conference is set for 4/2/2018 at 10:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 1/16/2018. (Quinlan, Krista)
January 5, 2018	ORDER granting #69 Motion for Extension of Time to Complete Discovery. See docket #73. Ordered by Magistrate Judge Vera M. Scanlon on 1/5/2018. (Quinlan, Krista)
January 5, 2018	Filing 73 SCHEDULING ORDER: As discussed during the 1/5/2018 conference (see attached order for additional detail and deadlines), all discovery must be completed by 5/4/2018. On or before 5/4/2018, the Parties will file a joint status report letter confirming that discovery is complete. On or before 6/1/2018, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 7/6/2018, the Parties will file their joint Proposed Pretrial Order. Defendant has the telephone record for the personal records of the individuals. The records will be turned over by 1/22/2018 unless their is an appeal of the order. The other Verizon records (for the FDNY/Gala) have recently been subpoenaed. DCPI Gribbens email need not be searched for the reasons stated on the record. Defendant to produce the day books/company journal for 3/1/2015 to 5/31/2015. The Court discussed in detail the Plaintiff's request that counsel be permitted to inspect the Gala, Michael Curneen and Lamonda cell phones. That request is denied for the reasons discussed on the record. Plaintiff to request in writing texts/photographs of Gala, Curneen and Lamonda's personal telephone. Any request for Miltela's cell phone needs to be made by subpoena as he is not a party and his phone is a personal phone. If counsel would like to continue settlement discussions with Judge Pohorelsky, they will reach out to chambers. Counsel expect to litigate whether Commissioner Nigro's deposition should go forward. Counsel should not expect any extensions given the age of the case and the relevant events. Ordered by Magistrate Judge Vera M. Scanlon on 1/5/2018. (Quinlan, Krista)
January 5, 2018	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 1/5/2018 in Courtroom 13A South. Nathaniel Smith appearing for Plaintiff. Monica Pogula and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #3:13-4:34.) (Quinlan, Krista)
January 3, 2018	Filing 72 MEMORANDUM AND ORDER: For the reasons stated herein, this Court grants in part and denies in part Plaintiff's motion to compel. Defendants are ordered to produce the unredacted telephone records for Defendant Curneen's personal cellular telephone and landline, Defendant Gala's two employee-issued cellular telephones, home landline, and office landline, Defendant Lamonda's cellular telephone, and the Battalion 58, Engine 257 and/or Ladder 170 landlines from the period of March 1, 2015 to May 31, 2015 to Plaintiff within 30 days of this Memorandum & Order. In the alternative, Defendants can provide releases for these records within five days of the date of this Memorandum & Order. These records may be designated as confidential by Defendants, and, if so, Plaintiff must treat them as confidential material. Ordered by Magistrate Judge Vera M. Scanlon on 1/3/2018. (Pearce, Jessica)
January 3, 2018	ORDER granting #44 Motion for Protective Order. The materials in question are of a sensitive nature with regard to FDNY employment issues. Based on the very limited information provided to the Court by the parties, they appear to be the type of personnel matters that would usually remain confidential until the summary judgment or trial phase of a case, at which point the materials can be considered in the full context of the record and of the public interest in open court proceedings (as compared to open discovery) which may outweigh any confidentiality concerns. That said, were Plaintiff to offer more specific descriptions of materials that should be available for public review or a particular public interest in the investigation, or a full presentation of the factual record, there might be circumstances under which the confidentiality interests of Defendants would be overcome. At this time, Defendants have the better argument for continued confidentiality of the BIT file, as limited to the Court, Parties, Counsel, experts and administrative persons (such as court reporters) working on this case. Ordered by Magistrate Judge Vera M. Scanlon on 1/3/2018. (Pearce, Jessica)
January 2, 2018	Filing 71 Letter MOTION to Adjourn Conference by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Pogula, Monica)
January 2, 2018	ORDER granting #71 Motion to Adjourn Conference. An in-person Status Conference is set for 1/5/2018 at 03:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel for Defendant Lemonda may appear by telephone by calling into Chambers at (718) 613-2300. All others must appear in-person. Ordered by Magistrate Judge Vera M. Scanlon on 1/2/2018. (Pearce, Jessica) Modified on 1/3/2018 (Pearce, Jessica).
January 2, 2018	SCHEDULING ORDER: An in-person Status Conference set for 1/4/2018 at 11:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 1/2/18. (Pearce, Jessica)
December 29, 2017	Filing 70 Letter by Michael Johnson (Smith, Nathaniel)
December 26, 2017	Filing 69 MOTION for Extension of Time to Complete Discovery by Michael Johnson. (Smith, Nathaniel)
November 16, 2017	Filing 68 Minute Entry for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Telephone Conference held on 11/16/2017. In view of outstanding discovery disputes, a settlement conference is not feasible and will not be scheduled at this time. See annexed conference minutes for further details. (Pohorelsky, Viktor)
November 15, 2017	Filing 67 Letter MOTION to Adjourn Conference by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Pogula, Monica)
November 15, 2017	ORDER granting #67 Motion to Adjourn Conference: Telephone Conference set for 11/16/2017 at 3:00 PM before Magistrate Judge Viktor V. Pohorelsky. The telephone number for the court is changed to 347-721-5968. Ordered by Magistrate Judge Viktor V. Pohorelsky on 11/15/2017. (Pohorelsky, Viktor)
November 14, 2017	ORDER: In light of the 11/16/2017 telephone conference with Magistrate Judge Pohorelsky, the 12/5/2017 status conference before Magistrate Judge Scanlon is adjourned sine die. Ordered by Magistrate Judge Vera M. Scanlon on 11/14/2017. (Quinlan, Krista)
November 14, 2017	SCHEDULING ORDER: re #65 Letter filed by Michael Johnson. Telephone Conference set for 11/16/2017 at 1:00 PM before Magistrate Judge Viktor V. Pohorelsky to address the scheduling of a settlement conference. Counsel are directed cooperate in initiating the conference call and to telephone the court (718-804-2721) when all counsel are on the line. Ordered by Magistrate Judge Viktor V. Pohorelsky on 11/14/2017. (Pohorelsky, Viktor)
November 13, 2017	Filing 66 Letter requesting conference to discuss extending discovery deadline by Michael Johnson (Smith, Nathaniel)
November 1, 2017	Filing 65 Letter to Magistrate Judge Pohorelsky by Michael Johnson (Smith, Nathaniel)
October 27, 2017	Filing 64 Letter re Parties' Discovery Dispute (Joint Letter) by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Attachments: #1 Exhibit Plaintiff's Exhibit 1, #2 Exhibit Plaintiff's Exhibit 2) (Pogula, Monica) Modified on 1/3/2018 (Pearce, Jessica).
October 18, 2017	Filing 63 Minute Entry for proceedings held before Magistrate Judge Viktor V. Pohorelsky:Telephone Conference held on 10/6/2017. Counsel will jointly file a letter on or before November 1, 2017 advising whether and when a settlement conference should be convened. See annexed conference minutes for further details. (Pohorelsky, Viktor)
September 30, 2017	ORDER re #61 Letter filed by Michael Gala, Michael Curneen, Daniel A. Nigro, City of New York, #60 Letter filed by Michael Johnson: upon the application of the plaintiff and with the consent of the defendants the settlement conference scheduled for October 6 is adjourned without date. A telephone conference will be held instead on October 6, 2017 at 12:45 p.m. to discuss a new date for the conference. Counsel for the defendants shall initiate the conference call and call chambers at 718-804-2721 once all counsel are on the line. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/30/2017. (Pohorelsky, Viktor)
September 29, 2017	Filing 62 TRANSCRIPT of Proceedings held on July 21, 2017, before Judge SCANLON. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.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 10/20/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/28/2017. (Hong, Loan)
September 28, 2017	Filing 61 Letter to Magistrate Judge Pohorelsky re October 6, 2017 settlement conference by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Pogula, Monica)
September 28, 2017	ORDER re #60 Letter filed by Michael Johnson: any response to the plaintiff's letter regarding adjournment of the October 6 settlement conference is to be filed by the close of business on September 29, 2017. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/28/2017. (Pohorelsky, Viktor)
September 28, 2017	ORDER granting #58 Motion for Extension of Time to File Response/Reply as to #56 Letter from Plaintiff seeking an order compelling the production of documents. Defendant's motion for a 30 day extension is granted. Responses are now due by 10/27/2017. Ordered by Magistrate Judge Vera M. Scanlon on 9/28/2017. (Pearce, Jessica)
September 26, 2017	Filing 60 Letter to Magistrate Judge Pohorelsky re Settlement Conference by Michael Johnson (Smith, Nathaniel)
September 26, 2017	Filing 59 REPLY in Support filed by Michael Johnson. (Attachments: #1 Exhibit Phone Records) (Smith, Nathaniel)
September 26, 2017	Filing 58 Letter MOTION for Extension of Time to File Response/Reply as to #56 Letter from Plaintiff seeking an order compelling the production of documents by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Pogula, Monica)
September 25, 2017	Filing 57 NOTICE of Appearance by Monica M. Pogula on behalf of City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (aty to be noticed) (Pogula, Monica)
September 25, 2017	NOTICE: The settlement conference on October 6, 2017 will convene in Courtroom 2F North at 10:00 a.m. (Pohorelsky, Viktor)
September 18, 2017	Filing 56 Letter re Status on Phone Discovery by Michael Johnson (Smith, Nathaniel)
August 15, 2017	Filing 55 Minute Entry for proceedings held before Magistrate Judge Viktor V. Pohorelsky:Scheduling Conference held on 8/15/2017. Settlement conference set for October 6, 2017 at 10:00 a.m. See annexed calendar for further details. (Pohorelsky, Viktor)
July 28, 2017	SCHEDULING ORDER: As the parties have requested a settlement conference to be held in September before Magistrate Judge Pohorelsky, a telephone conference will be held on August 15, 2017 at 10:00 a.m. to discuss the scheduling of such a conference. Counsel for the plaintiff shall initiate the call and telephone chambers (718-804-2721) once all counsel are on the line. Ordered by Magistrate Judge Viktor V. Pohorelsky on 7/28/2017. (Pohorelsky, Viktor)
July 21, 2017	Filing 54 ORDER granting in part and denying in part #45 Motion for Extension of Time to File. SCHEDULING ORDER: As discussed during the 7/21/2017 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 12/5/2017 at 3:30 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Fact discovery closes on 12/29/2017. Expert disclosures to be served for moving experts on 11/29/2017. The parties request a settlement conference with Judge Pohorelsky for September if possible. By 9/15/2017, the parties are to submit a letter outlining the telephone records agreement or disagreement. Counsel will discuss a review of the Gala phone. Ordered by Magistrate Judge Vera M. Scanlon on 7/21/2017. (Quinlan, Krista)
July 21, 2017	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Motion Hearing held on 7/21/2017 re #45 MOTION for Extension of Time to File filed by Michael Johnson. John Lenoir, Peter Gleason and Nathaniel Smith appearing for Plaintiff. Heather Martone and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #11:38-12:32; 1:06-1:31.) (Quinlan, Krista)
July 19, 2017	Filing 53 TRANSCRIPT of Proceedings held on March 9, 2017, before Judge SCANLON. Court Reporter/Transcriber Fiore Reporting and Transcription Service, 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 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 8/9/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/17/2017. (Hong, Loan)
July 19, 2017	Filing 52 TRANSCRIPT of Proceedings held on February 22, 2017, before Judge SCANLON. Court Reporter/Transcriber Fiore Reporting and Transcription Service, 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 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 8/9/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/17/2017. (Hong, Loan)
July 19, 2017	Filing 51 TRANSCRIPT of Proceedings held on February 14, 2017, before Judge SCANLON. Court Reporter/Transcriber Fiore Reporting and Transcription Service, 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 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 8/9/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/17/2017. (Hong, Loan)
July 7, 2017	RE-SCHEDULING ORDER: Due to a conflict in the Court's schedule, the Status Conference originally scheduled for 7/18/2017 will be held on 7/21/2017 at 11:30 AM in Courtroom 504 North 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 7/7/2017. (Quinlan, Krista)
June 27, 2017	Filing 50 MEMORANDUM in Opposition to Defendants' Motion to Dismiss filed by Michael Johnson. (Smith, Nathaniel)
June 27, 2017	Filing 49 Letter accompanying summary judgment courtesy copies by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Martone, Heather)
June 26, 2017	Filing 48 Motion to Dismiss for Failure to State a Claim by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Declaration of Heather Martone in Support of Motion, #2 Exhibit A, #3 Memorandum in Support, #4 Declaration of Service, #5 Memorandum in Support Reply) (Martone, Heather)
June 26, 2017	Filing 47 Motion to Dismiss for Failure to State a Claim by Jake Lamonda. (Attachments: #1 Notice of Motion Notice of Motion to Dismiss the Amended Complaint, #2 Affidavit in Support Declaration of Seth H. Greenberg in Support of Defendant Lemonda's Motion to Dismiss the Amended Complaint, #3 Exhibit Greenberg Declaration Exhibit A, #4 Exhibit Greenberg Declaration Exhibits B-D, #5 Memorandum in Support Defendant Lemonda's Memorandum of Law in Support of his Motion to Dismiss the Amended Complaint, #6 Memorandum in Support Defendant Lemonda's Reply Memorandum of Law in Support of his Motion to Dismiss the Amended Complaint) (Greenberg, Seth)
June 12, 2017	Filing 46 RESPONSE in Opposition re #44 MOTION for Protective Order re: BIT File filed by Michael Johnson. (Smith, Nathaniel)
June 9, 2017	Filing 45 MOTION for Extension of Time to File e-discovery status by Michael Johnson (Smith, Nathaniel) Modified on 7/27/2017 to add motion. (Quinlan, Krista).
June 8, 2017	Filing 44 MOTION for Protective Order re: BIT File by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Martone, Heather)
June 6, 2017	ORDER granting #42 Motion for Extension of Time to Amend. The deadline to amend the pleadings is extended to 7/7/2017. Ordered by Magistrate Judge Vera M. Scanlon on 6/6/2017. (Miller, Hannah)
June 5, 2017	Filing 43 RESPONSE to Motion re #42 MOTION for Extension of Time to Amend filed by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Martone, Heather)
June 2, 2017	ORDER: Defendants are directed to inform the Court as to whether they oppose Plaintiff's motion at #42 by 6/7/2017. Ordered by Magistrate Judge Vera M. Scanlon on 6/2/2017. (Miller, Hannah)
May 31, 2017	Filing 42 MOTION for Extension of Time to Amend by Michael Johnson. (Smith, Nathaniel)
May 31, 2017	ORDER granting #41 Motion for Extension of Time to File. The deadline for the parties to submit an ESI discovery plan is extended to 6/8/2017. Ordered by Magistrate Judge Vera M. Scanlon on 5/31/2017. (Miller, Hannah)
May 24, 2017	Filing 41 MOTION for Extension of Time to File ESI Plan by Michael Johnson. (Smith, Nathaniel)
May 23, 2017	Filing 40 Letter re: BIT Production by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Martone, Heather)
May 22, 2017	Filing 39 ORDER granting #33 Motion for Protective Order. The Stipulation and Confidentiality Order at #33 is SO-ORDERED as modified in the attached document. Ordered by Magistrate Judge Vera M. Scanlon on 5/22/2017. (Miller, Hannah)
May 18, 2017	ORDER temporarily granting #34 Motion for Protective Order. Defendants were ordered to produce all non-privileged documents relating to the BIT file by 5/10/2017 at #32 . To the extent they have not already, Defendants are to immediately complete production of the entire BIT file and confirm production with the Court by 5/23/2017. The production will remain confidential while Plaintiff has a full and fair opportunity to review the complete file. The parties are to submit a joint letter to the Court as to whether they have come to an agreement with respect to the confidentiality of the BIT file by 6/8/2017. At that time, if Defendants continue to take the position that the official information and/or law enforcement privilege applies, they should provide additional authority. Defendants are expected to work diligently toward the complete and timely production of all other document discovery. In particular, Defendants should work diligently to produce the items identified on page 3 of #38 as soon as possible. Ordered by Magistrate Judge Vera M. Scanlon on 5/18/2017. (Miller, Hannah)
May 17, 2017	Filing 38 RESPONSE to Motion re #34 Letter MOTION for Protective Order for BIT File filed by Michael Johnson. (Smith, Nathaniel)
May 17, 2017	Filing 37 STATUS REPORT regarding document production schedule by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Martone, Heather)
May 17, 2017	Filing 36 REPLY in Support re #34 Letter MOTION for Protective Order for BIT File filed by Jake Lamonda. (Greenberg, Seth)
May 15, 2017	Filing 35 TRANSCRIPT of Proceedings held on May 3, 2017, before Judge Scanlon. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.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 6/5/2017. Redacted Transcript Deadline set for 6/15/2017. Release of Transcript Restriction set for 8/14/2017. (Hong, Loan)
May 10, 2017	Filing 34 Letter MOTION for Protective Order for BIT File by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Martone, Heather)
May 9, 2017	Filing 33 MOTION for Protective Order by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Appendix Clawback Agreement) (Martone, Heather)
May 4, 2017	Filing 31 Letter on consent requesting enlargement of time in briefing schedule by Jake Lamonda (Greenberg, Seth)
May 4, 2017	ORDER re #31 5/4/17 letter requesting extension of time: On consent of the parties, defendants' time to serve their motion to dismiss is extended to May 15, 2017; plaintiff shall serve his opposition by June 12, 2017; defendants shall serve their reply by June 26, 2017. The parties are reminded that in accordance with chambers' practice, the fully-briefed motion shall be filed on ECF on the date that the reply is due, and the parties shall serve chambers with two courtesy copies of the fully-briefed motion. Ordered by Judge Kiyo A. Matsumoto on 5/4/2017. (Newman, Alanna)
May 3, 2017	ORDER granting in part and denying in part #29 Motion for Discovery. See docket entry # 32. Ordered by Magistrate Judge Vera M. Scanlon on 5/3/17. (Quinlan, Krista)
May 3, 2017	Filing 32 SCHEDULING ORDER: As discussed during the 5/3/2017 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 7/18/2017 at 10:00 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. By 5/10/2017, Defendant is to produce the transcripts of the relevant BITT proceeding. For now, the documents are confidential as between the parties. By 5/10/2017, Defendant may submit a letter as to why the confidentiality would continue. By 5/17/2017, Plaintiff may oppose. Counsel are to develop on e-discovery plan with two tranches at least A) the individual Defendants B) other individuals. Counsel are to submit the plan by 5/24/2017. Counsel are to submit a proposed confidentiality order by 5/22/2017. Ordered by Magistrate Judge Vera M. Scanlon on 5/3/2017. (Quinlan, Krista)
May 3, 2017	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 5/3/2017 in Room 504 North. John Lenoir and Nathaniel Smith appearing for Plaintiff. Heather Martone and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #4:06-4:57.) (Quinlan, Krista)
March 22, 2017	SCHEDULING ORDER: A Status Conference is set for 5/3/2017 at 04:00 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon to discuss the issues raised in #29 and #30 . Ordered by Magistrate Judge Vera M. Scanlon on 3/22/2017. (Gersovitz, Ryan)
March 21, 2017	Filing 30 RESPONSE in Opposition re #29 Letter MOTION for Discovery filed by Michael Johnson. (Smith, Nathaniel)
March 20, 2017	Filing 29 Letter MOTION for Discovery by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Martone, Heather)
March 20, 2017	ORDER re #28 Letter confirming adherence to motion schedule by Jake Lamonda. Defendant Lamonda shall adhere to the briefing schedule ordered on 3/15/17. No pre-motion letter or conference is required. Ordered by Judge Kiyo A. Matsumoto on 3/20/2017. (Newman, Alanna)
March 17, 2017	Filing 28 Letter confirming adherence to motion schedule by Jake Lamonda (Greenberg, Seth)
March 15, 2017	ORDER re status report #27 : The court adopts the joint proposed briefing schedule for defendants' motion to dismiss. Defendants shall serve their motion by May 5, 2017; plaintiff shall serve his opposition by June 2, 2017, and defendants shall serve their reply, if any, by June 16, 2017. Counsel for defendant Lamonda is ordered to confirm by letter that he will adhere to the same motion schedule by no later than March 17, 2017. In accordance with chambers' practice, the parties shall file the fully-briefed motion on the date that the reply is due, and shall provide chambers with two courtesy copies of the fully-briefed motion. The court denies defendants' request to stay discovery in light of the discovery schedule set by Magistrate Judge Scanlon, and any requested relief from the schedule should be sought from Judge Scanlon. Ordered by Judge Kiyo A. Matsumoto on 3/15/2017. (Newman, Alanna)
March 13, 2017	Filing 27 STATUS REPORT by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Martone, Heather)
March 9, 2017	Filing 26 ORDER granting #25 Motion for Extension of Time to Answer as to Jake Lamonda. STATUS REPORT ORDER: As discussed during the 3/9/2017 conference (see attached order for additional detail and deadlines), Mr. Lamonda's counsel will accept service of the amended complaint by email. The request for additional Rule 26 material is denied as discussed. By 4/28/2017, the Parties are to file an e-discovery plan addressing inter alia this issues discussed during the conference (eg., tracking/trace information for accessing files at the FDNY). Counsel are reminded as to the discovery deadlines that are set at #20 . The request for expedited discovery is denied without prejudice. Ordered by Magistrate Judge Vera M. Scanlon on 3/9/2017. (Quinlan, Krista)
March 9, 2017	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 3/9/2017 in Room 504 North. Peter Gleason and Nathaniel Smith appearing with Plaintiff. Heather Martone and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #11:10-12:13.) (Quinlan, Krista)
March 7, 2017	Filing 25 MOTION for Extension of Time to File Answer re #1 Complaint,, by Jake Lamonda. (Greenberg, Seth)
March 7, 2017	Filing 24 NOTICE of Appearance by Seth H. Greenberg on behalf of Jake Lamonda (aty to be noticed) (Greenberg, Seth)
March 1, 2017	Filing 23 AMENDED COMPLAINT against All Defendants, filed by Michael Johnson. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9) (Smith, Nathaniel)
February 22, 2017	Filing 22 SCHEDULING ORDER: As discussed during the 2/22/2017 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 3/9/2017 at 11:00 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Counsel should expect to discuss any discovery adjustments given the appearance anticipated by Mr. Lamonda, settlement process possibilities, and the briefing schedule per the 2/8/2017 Order. Ordered by Magistrate Judge Vera M. Scanlon on 2/22/2017. (Quinlan, Krista)
February 22, 2017	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 2/22/2017 in Room 504 North. John Lenoir and Nathaniel Smith appearing for Plaintiff. Heather Martone appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #10:36-10:38.) (Quinlan, Krista)
February 17, 2017	Filing 21 SUMMONS Returned Executed by Michael Johnson. Jake Lamonda served on 2/17/2017, answer due 3/10/2017. (Lenoir, John)
February 14, 2017	Filing 20 SCHEDULING ORDER: As discussed during the 2/14/2017 conference (see attached order for additional detail and deadlines), all discovery must be completed by 10/13/2017. On or before 10/20/2017, the Parties will file a joint status report letter confirming that discovery is complete. On or before 11/10/2017, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 12/15/2017, the Parties will file their joint Proposed Pretrial Order. A Telephone/Settlement Conference is set for 2/22/2017 at 10:30 AM 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. Proposed confidentiality order to be filed by 3/31/2017. Ordered by Magistrate Judge Vera M. Scanlon on 2/14/2017. (Quinlan, Krista)
February 14, 2017	Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 2/14/2017 in Room 504 North. John Lenoir and Nathaniel Smith appearing for Plaintiff. Heather Martone appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #10:16-10:43.) (Quinlan, Krista)
February 9, 2017	Filing 19 Letter re: Scheduling Order by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Martone, Heather)
February 8, 2017	Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 2/8/2017. Appearances for plaintiff, Nathaniel Smith, Esq., John Lenoir, Esq.; for defendants, Heather Martone, Esq. Discussions held re proposed motion to dismiss. Defense counsel is ordered to provide plaintiff's counsel with the address information for service of defendant Jake Lamonda by no later than February 10, 2017 at noon and the time for plaintiff to serve defendant Lamonda is extended 30 days from today, by no later than March 10, 2017. Plaintiff shall file an amended complaint by no later than March 1, 2017. The parties shall file a joint status letter by March 13, 2017 informing the court how they intend to proceed, including a joint briefing schedule for any motion practice. The parties are encouraged to schedule a settlement conference with Magistrate Judge Scanlon, and are directed to notify this court within one business day if any resolution is reached. (Newman, Alanna)
February 4, 2017	Filing 18 RESPONSE in Opposition re #17 Letter MOTION for pre motion conference filed by Michael Johnson. (Smith, Nathaniel)
February 3, 2017	ORDER granting #17 Motion for Pre Motion Conference. A telephonic pre-motion conference will be held on February 8, 2017 at 11:30 a.m. Counsel for defendants shall initiate the call and dial into 718-613-2180 once all parties are on the line. Counsel for plaintiff is reminded of chambers' practice requiring parties to respond by letter to requests for pre-motion conferences within three business days. Ordered by Judge Kiyo A. Matsumoto on 2/3/2017. (Newman, Alanna)
January 30, 2017	Filing 17 Letter MOTION for pre motion conference by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Appendix) (Martone, Heather)
January 10, 2017	Filing 16 SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 2/14/2017 at 10:00 AM before Magistrate Judge Scanlon in Courtroom 504 North. Plaintiff's counsel is directed to confirm with Defendants' counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 2/9/2017. Ordered by Magistrate Judge Vera M. Scanlon on 1/10/2017. (Quinlan, Krista)
January 9, 2017	ORDER granting #15 Motion for Extension of Time to Answer. Michael Curneen, Michael Gala, and Jake Lamonda must answer on or before 1/30/2017. Ordered by Magistrate Judge Vera M. Scanlon on 1/9/2017. (Gersovitz, Ryan)
January 6, 2017	Filing 15 First MOTION for Extension of Time to File Answer re #1 Complaint,, by Individual Defendants by City of New York, Daniel A. Nigro. (Martone, Heather)
December 27, 2016	ORDER granting in part and denying in part #12 Motion for Extension of Time to Answer. City Defendants must answer on or before 1/30/2017. Ordered by Magistrate Judge Vera M. Scanlon on 12/27/2016. (Gersovitz, Ryan)
December 22, 2016	Filing 14 SUMMONS Returned Executed by Michael Johnson. City of New York served on 12/8/2016, answer due 12/29/2016; Daniel A. Nigro served on 12/8/2016, answer due 12/29/2016. (Lenoir, John)
December 21, 2016	Filing 13 NOTICE of Appearance by Heather Marie Martone on behalf of City of New York, Daniel A. Nigro (notification declined or already on case) (Martone, Heather)
December 21, 2016	Filing 12 First MOTION for Extension of Time to File Answer re #1 Complaint,, by City of New York, Daniel A. Nigro. (Martone, Heather)
December 20, 2016	Filing 11 SUMMONS Returned Executed by Michael Johnson. Michael Curneen served on 12/20/2016, answer due 1/10/2017; Michael Gala served on 12/20/2016, answer due 1/10/2017; Jake Lamonda served on 12/20/2016, answer due 1/10/2017. (Smith, Nathaniel)
December 8, 2016	Filing 10 Summons Issued as to City of New York, Michael Curneen, Michael Gala, John Doe or Jane Doe, Jake Lamonda, Daniel A. Nigro re #9 . (Layne, Monique)
December 7, 2016	Filing 9 Proposed Summons. by Michael Johnson (Smith, Nathaniel)
December 7, 2016	Filing 8 Proposed Summons. by Michael Johnson (Smith, Nathaniel)
November 22, 2016	Filing 7 Notice of Related Case (Davis, Kimberly)
November 22, 2016	Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
November 22, 2016	Filing 5 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. (Davis, Kimberly)
November 22, 2016	Filing 4 Civil Cover Sheet.. by Michael Johnson (Smith, Nathaniel)
November 22, 2016	Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Vera M. Scanlon. 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. (Davis, Kimberly)
November 21, 2016	NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet (missing second page). Counsel is directed to forward a completed Civil Cover Sheet, answering all questions in NY-E Division of Business Rule 50.1(d)(2) section on the second page. This document can be found under the event Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla)
November 19, 2016	Filing 3 NOTICE of Appearance by Peter Joseph Gleason on behalf of Michael Johnson (aty to be noticed) (Gleason, Peter) Modified on 11/21/2016 (Bowens, Priscilla).
November 18, 2016	Filing 2 NOTICE of Appearance by John David Lenoir on behalf of Michael Johnson (aty to be noticed) (Lenoir, John) Modified on 11/21/2016 (Bowens, Priscilla).
November 18, 2016	Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-9079328 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Michael Johnson. (Attachments: #1 Exhibit NY Post, #2 Exhibit Daily Mail, #3 Exhibit Frontpage, #4 Exhibit Scallwag, #5 Exhibit Breitbart, #6 Exhibit Defund, #7 Exhibit Citizen Action, #8 Exhibit Moonbattery, #9 Saboteur) (Smith, Nathaniel) (Additional attachment(s) added on 11/21/2016: #10 Proposed Summons) (Bowens, Priscilla).

February 27, 2023

Filing 257 CLERK'S JUDGMENT: ORDERED and ADJUDGED that Plaintiff's motion for attorney fees is granted in part and denied in part; that Plaintiff is awarded against City Defendants $676,740.75 in attorney fees, arising from 778.29 compensable hours for Mr. Smith at a rate of $575 per hour ($447,516.75); 383.68 compensable hours for Mr. Lenoir at the rate of $550 per hour ($211,024.00); two compensable travel hours for Mr. Smith at the rate of $287.50 per hour ($575.00); and 35.25 compensable hours for Mr. Gleason at the rate of $500 per hour ($17,625.00); that Plaintiff is awarded $8,401.20 in costs, for a total award of $685,141.95; and that the award shall be payable to Plaintiff Michael Johnson and Nathaniel B. Smith, as attorney, and accordingly distributed as ordered. Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 2/27/2023. (JT)

February 24, 2023

ORDER finding as moot #256 Motion for Attorney Fees. Due to the Court's 02/24/2023 order resolving Plaintiff's #247 motion for attorney fees, this motion is moot. Ordered by Judge Kiyo A. Matsumoto on 2/24/2023. (AA)

February 24, 2023

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court has reviewed Magistrate Judge Vera Scanlon's comprehensive and well-reasoned Report and Recommendation (ECF No. 255, Report and Recommendation ("R&R")), dated February 8, 2023, to which no party has objected. Because no party has objected to the R&R within the statutory 14-day period, the Court "need only satisfy itself that there is no clear error on the face of the record." Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001). On clear error review, the Court agrees with and adopts the R&R's meticulously analyzed and detailed recommendation that Plaintiff's motion for attorney fees be granted in part and denied in part. Specifically, the Court agrees with Magistrate Judge Scanlon that the parties stipulated that Plaintiff had the right to seek fees and costs as a prevailing party. (ECF No. 242; ECF No. 247-2.) Additionally, the Court agrees that an appropriate method to determine reasonable attorney fees is the lodestar method, in which courts multiply a reasonable hourly rate by the number of hours reasonably expended in the litigation. See McDaniel v. Cnty. of Schenectady, 595 F.3d 411 417-18 (2d Cir. 2010); Hannah v. Walmart Stores, Inc., 803 F. App'x 417, 424 (2d Cir. 2020) (summary order). Counsel litigated this case for almost five and a half years prior to settlement, including multiple amended complaints, extensive discovery, motions practice, and preparation for trial. (ECF No. 247-1). The Court agrees with Magistrate Judge Scanlon's detailed and careful accounting of reasonable hourly rates for attorneys Mr. Smith, Mr. Lenoir, and Mr. Gleeson, and of the number of hours deemed compensable, considering the relative difficulty of the relevant tasks, the attorneys' experience, and the cumulative work required by the litigation. Accordingly, this Court adopts Magistrate Judge Scanlon's #255 R&R in its entirety and grants in part and denies in part Plaintiff's #247 Motion for Attorney Fees, and orders that Plaintiff be awarded as against City Defendants $676,740.75 in attorney fees, arising from 778.29 compensable hours for Mr. Smith at a rate of $575 per hour ($447,516.75); 383.68 compensable hours for Mr. Lenoir at the rate of $550 per hour ($211,024.00); two compensable travel hours for Mr. Smith at the rate of $287.50 per hour ($575.00); and 35.25 compensable hours for Mr. Gleason at the rate of $500 per hour ($17,625.00). The Court also orders that Plaintiff be awarded $8,401.20 in costs, for a total award of $685,141.95. The award shall be payable to Plaintiff Michael Johnson and Nathaniel B. Smith, as attorney, and accordingly distributed as ordered. Ordered by Judge Kiyo A. Matsumoto on 2/24/2023. (AA)

February 23, 2023

Filing 256 MOTION for Attorney Fees on Report and Recommendation by Michael Johnson. (Attachments: #1 Proposed Order) (Smith, Nathaniel)

February 8, 2023

Filing 255 REPORT AND RECOMMENDATION re: #247 MOTION for Attorney Fees. Objections to the Report and Recommendation are due by 2/22/2023.The Court respectfully recommends that the motion be granted in part and denied in part, and that Plaintiff be awarded as against City Defendants $676,740.75 in attorneys' fees, arising from 778.29 compensable hours for Mr. Smith at a rate of $575 per hour ($447,516.75); 383.68 compensable hours for Mr. Lenoir at the rate of $550 per hour ($211,024.00); two compensable travel hours for Mr. Smith at the rate of $287.50 per hour ($575.00); and 35.25 compensable hours for Mr. Gleason at the rate of $500 per hour ($17,625.00). The Court respectfully recommends that Plaintiff also be awarded $8,401.20 in costs. The total recommended award is $685,141.95.Ordered by Magistrate Judge Vera M. Scanlon on 2/8/2023. (JR)

January 31, 2023

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 1/30/2023. John David Lenoir, Peter Joseph Gleason, and Nathaniel B. Smith appearing on behalf of Plaintiff. Maria Fernanda DeCastro appearing on behalf of City of New York, Michael Gala, and Michael Curneen. No appearances on behalf of any other parties. (FTR Log #10:32-11:00.) (JR)

January 31, 2023

ORDER. At the 1/30/2023 Telephone Conference, the Court heard the parties' counsel on the two questions raised in the Order of 1/27/2023. Ordered by Magistrate Judge Vera M. Scanlon on 1/31/2023. (JR)

January 27, 2023

ORDER. A Telephone Conference is set for 1/30/2023 at 10:30 AM before Magistrate Judge Vera M. Scanlon. Counsel are to dial 877-336-1829 and enter access code 3581283 for the AT&T conference bridge. Counsel should be prepared to have a discussion as to the motion for attorneys' fees at #247 limited to two issues: (1) how the $100,000 in attorneys' fees to be given to Plaintiff by his counsel should be accounted for, see ECF No. [247-1] at 11, 20; ECF No. [247-11] at 5; ECF No. #251 at 4-5, and (2) the relevance, if any, of Plaintiff's settlements with Jake Lamonda, Paul Mannix, and Joseph Kearney to the calculation of attorneys' fees, see ECF No. #250 at 26. Ordered by Magistrate Judge Vera M. Scanlon on 1/27/2023. (JR)

January 18, 2023

Filing 254 Letter re Excel Spreadsheets by Michael Johnson (Smith, Nathaniel)

January 17, 2023

ORDER re #247 MOTION for Attorney Fees filed by Michael Johnson. Plaintiff's counsel is requested to provide to the Magistrate Judge as soon as possible "live" Excel spreadsheets of 1) the "Time List" attached as "Smith Dec. Exh. 7" at ECF No. 247-8; 2) the "Time List" attached as "Lenoir Dec. Attachment A" at ECF No. 247-12 and "Lenoir Dec. Attachment B" at ECF No. 247-13; 3) the "Exhibit A" to the Gleason Affirmation at ECF No. 247-15; and 4) the "Expense List" attached as "Smith Dec. Exh. 8" at ECF No. 247-9 if such documents are readily available. Counsel should file a letter on ECF stating whether such spreadsheets are available by 5:00 pm on 1/19/23. If the spreadsheets are available, counsel should email them to scanlon_chambers@nyed.uscourts.gov and cc Defendants' attorneys. Ordered by Magistrate Judge Vera M. Scanlon on 1/17/2023. (Scanlon, Vera)

October 3, 2022

ORDER REFERRING MOTION: #247 MOTION for Attorney Fees filed by Michael Johnson. Ordered by Judge Kiyo A. Matsumoto on 10/3/2022. Motions referred to Vera M. Scanlon for a report and recommendation. (SW)

June 23, 2022

Filing 253 First MOTION to Withdraw as Attorney by City of New York, Michael Curneen, Michael Gala. (Attachments: #1 Declaration Declaration of William Grey in Support of Motion) (Grey, William)

June 23, 2022

ORDER granting #253 Motion to Withdraw as Attorney. Attorney William A Grey terminated. Ordered by Judge Kiyo A. Matsumoto on 6/23/2022. (Williams-Jackson, Sandra)

June 17, 2022

Filing 252 Letter re transmittal of reply papers by Michael Johnson (Smith, Nathaniel)

June 17, 2022

Filing 251 REPLY in Support re #247 MOTION for Attorney Fees filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Declaration, #5 Declaration, #6 Declaration) (Smith, Nathaniel)

June 11, 2022

Filing 250 MEMORANDUM in Opposition re #247 MOTION for Attorney Fees CITY DEFENDANTS MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS FEES MOTION filed by City of New York. (DeCastro, Maria)

June 1, 2022

ORDER granting #249 Motion for Extension of Time to File Response/Reply. Defendant City of New York shall file any opposition to Plaintiff's motion for attorney's fees by June 10, 2022. Plaintiff shall file any reply by June 17, 2022. Ordered by Judge Kiyo A. Matsumoto on 6/1/2022. (Ahn, Lois)

May 31, 2022

Filing 249 MOTION for Extension of Time to File Response/Reply as to #247 MOTION for Attorney Fees I write respectfully to request a four-day extension, from June 4, 2022, to June 10, 2022, to file any opposition to plaintiffs motion for attorneys fees. by City of New York. (DeCastro, Maria)

May 24, 2022

Filing 248 Letter re Courtesy Copies and List of Motion Papers by Michael Johnson (Smith, Nathaniel)

May 23, 2022

Filing 247 MOTION for Attorney Fees by Michael Johnson. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Declaration, #12 Exhibit, #13 Exhibit, #14 Declaration, #15 Exhibit) (Smith, Nathaniel)

April 27, 2022

ORDER granting #246 Motion for Extension of Time to File. By May 23, 2022, Plaintiff shall file his application for attorney's fees, or the parties shall file a joint letter updating the Court that they have reached a resolution on attorney's fees and costs. Ordered by Judge Kiyo A. Matsumoto on 4/27/2022. (Ahn, Lois)

April 26, 2022

Filing 246 MOTION for Extension of Time to File Fee Motion by Michael Johnson. (Attachments: #1 Proposed Order) (Smith, Nathaniel)

April 18, 2022

Filing 245 STIPULATION OF DISMISSAL WITH PREJUDICE:IT IS HEREBY STIPULATED A: D AGREED, by the attorneys for the parties herein that pursuant to Rule 4l(a)(l)(ii) of the Federal Rules of Civil Procedure, the above-captioned action is dismissed with preJud1cc as to all Defendants and that the Court shall retain Jurisdiction over the action for the purpose of determining, pursuant to agreement, the amount of attorneys' fees and costs to be paid to Plaintiff, as a prevailing party, by the City of New York and to enforce, if necessary the terms of the parties' settlement agreement. Ordered by Judge Kiyo A. Matsumoto on 4/18/2022. (Williams-Jackson, Sandra)

April 18, 2022

ORDER: In light of settlement, the previously scheduled April 27, 2022, jury selection and trial is hereby adjourned.Ordered by Judge Kiyo A. Matsumoto on 4/18/2022. (Williams-Jackson, Sandra)

April 15, 2022

Filing 244 MOTION for Settlement /So Ordering Stipulation of Dismissal by Michael Johnson. (Attachments: #1 Exhibit Stipulation of Dismissal) (Smith, Nathaniel)

April 11, 2022

ORDER granting in part and denying in part #243 Motion for Extension of Time to File. By Order dated March 26, 2022, the Court advised the parties that the trial will remain on the Court's calendar until the stipulation of dismissal is filed. In the event this case does not settle and goes to trial, the Court has to undertake significant preparations for trial. The parties are granted a FINAL extension. By April 15, 2022, the parties shall file either the stipulation of dismissal, or the pretrial submissions (the proposed jury instructions, voir dire, verdict sheets, and final exhibit and witness lists). No further extensions should be expected. Ordered by Judge Kiyo A. Matsumoto on 4/11/2022. (Ahn, Lois)

April 8, 2022

Filing 243 Joint MOTION for Extension of Time to File Stipulation of Discontinuance by Michael Johnson. (Smith, Nathaniel)

March 28, 2022

REPORT of Mediation settled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session.Mediation Report due by 4/11/2022. (Weinstein, Robyn)

March 26, 2022

ORDER. The Court is in receipt of #242 . The Court commends the parties for their efforts to resolve this case. In light of settlement, the parties are respectfully directed to file a stipulation of dismissal by April 8, 2022. The stipulation of dismissal shall provide that the Court retains jurisdiction to award Plaintiff attorney's fees and costs against the City of New York. The parties are advised that the trial date shall remain on the Court's calendar until the stipulation of dismissal is filed. Ordered by Judge Kiyo A. Matsumoto on 3/26/2022. (Ahn, Lois)

March 25, 2022

Filing 242 Letter re Status by Michael Johnson (Smith, Nathaniel)

March 24, 2022

Filing 241 MOTION for Extension of Time to File and Settlement Status Update from ALL parties by Jake Lamonda. (Greenberg, Seth)

March 24, 2022

Filing 240 Letter (corrected) re status by Michael Johnson (Smith, Nathaniel)

March 24, 2022

ORDER granting #241 Motion for Extension of Time to File. The Court adopts the parties' proposed deadline. The proposed jury instructions, voir dire, verdict sheets, and final exhibit and witness lists shall be filed on or before March 31, 2022. This is the final extension.The Court commends the parties for their efforts to resolve this case and urges the parties to continue to engage in good faith settlement discussions. Ordered by Judge Kiyo A. Matsumoto on 3/24/2022. (Ahn, Lois)

March 23, 2022

Filing 239 Letter re Status by Michael Johnson (Smith, Nathaniel)

March 11, 2022

Filing 238 NOTICE of Appearance by Steven Raiser on behalf of Joseph Kearney, Paul Mannix (aty to be noticed) (Raiser, Steven)

March 11, 2022

ORDER granting #237 Motion for Extension of Time to File. The Court adopts the parties' proposed deadline. The proposed jury instructions, voir dire, verdict sheets, and final exhibit and witness lists shall be filed on or before March 25, 2022. Ordered by Judge Kiyo A. Matsumoto on 3/11/2022. (Ahn, Lois)

March 10, 2022

Filing 237 Second MOTION for Extension of Time to File by Michael Johnson. (Smith, Nathaniel)

March 10, 2022

ORDER denying #236 Motion for Extension of Time to File. The Court respectfully denies the parties' request for an extension of time to file proposed jury instructions, voir dire, verdict sheets, and final exhibit and witness lists. The parties' #236 motion does not set forth any reasons for seeking an extension. By #235 letter dated March 4, 2022, counsel for Plaintiff updated the Court that the parties' settlement discussions have proven unsuccessful. The Court notes that had the parties made good faith efforts to resolve this action, the Court would have been more open to entertaining an extension of time. Ordered by Judge Kiyo A. Matsumoto on 3/10/2022. (Ahn, Lois)

March 9, 2022

Filing 236 Joint MOTION for Extension of Time to File proposed jury instructions, voir dire, verdict sheets and witness and exhibit lists by Michael Johnson. (Smith, Nathaniel)

March 4, 2022

Filing 235 Letter re Status by Michael Johnson (Smith, Nathaniel)

March 3, 2022

Filing 234 NOTICE of Appearance by Maria Fernanda DeCastro on behalf of City of New York, Michael Curneen, Michael Gala (aty to be noticed) (DeCastro, Maria)

March 2, 2022

ORDER: The parties are hereby Ordered to update the Court regarding their good faith settlement efforts by close of business on March 4, 2022. Ordered by Judge Kiyo A. Matsumoto on 3/2/2022. (Williams-Jackson, Sandra)

February 21, 2022

Filing 233 REPLY in Support filed by Joseph Kearney, Paul Mannix. (Sullivan, Keith)

February 21, 2022

Filing 232 REPLY in Support re #223 Declaration, #222 MOTION in Limine , REPLY to Response to Motion re #222 MOTION in Limine filed by Jake Lamonda. (Greenberg, Seth)

February 14, 2022

Filing 231 REPLY to Response to Motion re #218 MOTION in Limine filed by Michael Johnson. (Attachments: #1 Exhibit) (Smith, Nathaniel)

February 14, 2022

Filing 230 RESPONSE to Motion re #222 MOTION in Limine , #221 MOTION in Limine Declaration, #219 First MOTION in Limine , #220 MOTION in Limine by City Defendants , MEMORANDUM in Opposition filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Smith, Nathaniel)

February 7, 2022

Filing 229 AFFIDAVIT/DECLARATION in Opposition re #218 MOTION in Limine filed by City of New York, Michael Curneen, Michael Gala. (Attachments: #1 Exhibit A) (Giambrone, Jessica)

February 7, 2022

Filing 228 MEMORANDUM in Opposition to Plaintiff's Motion in Limine filed by City of New York, Michael Curneen, Michael Gala. (Giambrone, Jessica)

February 7, 2022

Filing 227 MEMORANDUM in Opposition re #218 MOTION in Limine filed by Jake Lamonda. (Greenberg, Seth)

February 7, 2022

Filing 226 AFFIDAVIT/DECLARATION in Opposition re #218 MOTION in Limine filed by Jake Lamonda. (Attachments: #1 Exhibit Exhibit A - Johnson Deposition) (Greenberg, Seth)

February 7, 2022

Filing 225 MEMORANDUM in Opposition to Plaintiff's Motion in Limine filed by Joseph Kearney, Paul Mannix. (Sullivan, Keith)

February 7, 2022

Filing 224 TRANSCRIPT of Proceedings held on May 7, 2019, before Judge Scanlon. Court Transcriber: Fiore Reporting and Transcription Service, Inc.. 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 2/28/2022. Redacted Transcript Deadline set for 3/10/2022. Release of Transcript Restriction set for 5/8/2022. (Rocco, Christine)

January 31, 2022

Filing 223 DECLARATION re #222 MOTION in Limine by Jake Lamonda (Attachments: #1 Exhibit Exhibit No. 1, #2 Exhibit Exhibit No. 2, #3 Exhibit Exhibit No. 3, #4 Exhibit Exhibit No. 4, #5 Exhibit Exhibit No. 5) (Greenberg, Seth)

January 31, 2022

Filing 222 MOTION in Limine by Jake Lamonda. (Greenberg, Seth)

January 31, 2022

Filing 221 MOTION in Limine Declaration by City of New York, Michael Curneen, Michael Gala. (Attachments: #1 Exhibit A, #2 Exhibit B) (Giambrone, Jessica)

January 31, 2022

Filing 220 MOTION in Limine by City Defendants by City of New York, Michael Curneen, Michael Gala. (Giambrone, Jessica)

January 31, 2022

Filing 219 First MOTION in Limine by Joseph Kearney, Paul Mannix. (Attachments: #1 Exhibit BITS Transcripts, #2 Exhibit Stipulation and Agreement) (Sullivan, Keith)

January 31, 2022

Filing 218 MOTION in Limine by Michael Johnson. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14) (Smith, Nathaniel)

January 18, 2022

Filing 217 Proposed Pretrial Order by Michael Johnson (Smith, Nathaniel)

January 16, 2022

ORDER granting #216 Motion for Extension of Time to File. The parties shall file an Amended Joint Pretrial Order by January 18, 2022. Ordered by Judge Kiyo A. Matsumoto on 1/16/2022. (Ahn, Lois)

January 14, 2022

Filing 216 First MOTION for Extension of Time to File the Amended JPTO by City of New York. (Giambrone, Jessica)

January 4, 2022

Filing 215 SCHEDULING ORDER. The parties shall adhere to the attached pretrial scheduling order. Ordered by Judge Kiyo A. Matsumoto on 1/4/2022. (Ahn, Lois)

January 4, 2022

Filing 214 NOTICE of Appearance by Jessica Giambrone on behalf of City of New York, Michael Curneen, Michael Gala (aty to be noticed) (Giambrone, Jessica)

January 4, 2022

Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Status Conference held on 1/4/2022. Appearances: Nathaniel Smith, Esq., John Lenoir, Esq., and Peter Gleason, Esq. for Plaintiff; Jessica Giambrone, Esq. for City Defendants; Seth Greenberg, Esq. for Defendant Lemonda; Keith Sullivan, Esq. for Defendants Mannix and Kearney. As discussed on the record, the Court urges the parties to resolve any disputes and file an amended joint pretrial order. The Court also urges the parties to explore settlement. The parties shall adhere to the Court's pretrial scheduling order, which is forthcoming. (Court Reporter Charleane Heading.) (Ahn, Lois)

December 30, 2021

Filing 213 NOTICE of Appearance by William A Grey on behalf of City of New York, Michael Curneen, Michael Gala (aty to be noticed) (Grey, William)

December 29, 2021

Filing 212 Proposed Pretrial Order Joint Pre-Trial Order (Proposed) by Michael Johnson (Smith, Nathaniel)

December 27, 2021

ORDER. The status conference scheduled for Tuesday, January 4, 2022, at 2:00 pm will proceed by video. A link will be provided to the parties. Ordered by Judge Kiyo A. Matsumoto on 12/27/2021. (Ahn, Lois)

December 3, 2021

ORDER. The parties shall appear for a status conference in Courtroom 6C South on Tuesday, January 4, 2022 at 2:00 p.m. to discuss trial date. Ordered by Judge Kiyo A. Matsumoto on 12/3/2021. (Ahn, Lois)

December 1, 2021

Filing 211 Letter in Response to Plaintiff's Conference Request by Jake Lamonda (Greenberg, Seth)

November 30, 2021

Filing 210 Letter requested conference on trial date by Michael Johnson (Smith, Nathaniel)

September 2, 2021

ORDER granting #209 Motion for Extension of Time to File pretrial order. No further extensions should be requested or expected. The court expresses its disappointment that the parties did not resolve this action. The parties are advised that they should be prepared to try this as scheduled or, if the trial is adjourned due to the scheduling of criminal trials, the parties shall be prepared to try this case on 72 hours notice. Ordered by Judge Kiyo A. Matsumoto on 9/2/2021. (Matsumoto, Kiyo)

September 1, 2021

Filing 209 First MOTION for Extension of Time to File JPTO by Michael Johnson. (Smith, Nathaniel)

July 20, 2021

ORDER. The parties engaged in settlement discussions during the 7/19/2021 settlement conference but did not settle. If the Court can be of assistance in the future, counsel should reach out to chambers. The final proposed joint pretrial order is to be filed by 12/15/21. Plaintiff is to provide his draft to Defendants by 8/31/21, and Defendants to provide their draft to Plaintiff by 10/29/21. Ordered by Magistrate Judge Vera M. Scanlon on 7/20/2021. (Lozar, Ryan)

July 20, 2021

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Settlement Conference held on 7/20/2021. Nathaniel Smith and John Lenoir appearing for Plaintiff, and Plaintiff in attendance. Kimberley Brown appearing for City Defendants, and Jenna Caldera from the FDNY in attendance. Keith Sullivan appearing for Defendants Kearney and Mannix, and those Defendants in attendance. Seth Greenberg appearing for Defendant LaMonda, who was also in attendance. See separate docket entry for Order. (WebEx Log #10:38-10:42.) (Lozar, Ryan)

June 25, 2021

SCHEDULING ORDER: As discussed during the 6/24/2021 conference, a Settlement Conference will be held by Zoom on Monday, July 19, 2021, before Magistrate Judge Vera M. Scanlon. Counsel will appear at 10:30 AM for preliminary discussions, and counsel will direct their clients or their representatives with full settlement authority to join at 11:00 AM. The Court will send the Zoom link to counsel in advance of the conference, and counsel will then share that information with their clients or their representatives. On or before 7/12/2021, counsel are to email the parties' ex parte settlement statements to Scanlon_Chambers@nyed.uscourts.gov in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Vera M. Scanlon on 6/25/2021. (Lozar, Ryan)

June 24, 2021

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 6/24/2021. John Lenoir and Nathaniel Smith appearing for Plaintiff. Kimberly Brown appearing for Defendants City, Gala and Curneen. Seth Greenberg appearing for Defendant Lamonda. Keith Sullivan appearing for Defendants Mannix and Kearney. See separate entry for conference Order. (FTR Log #3:04-3:17.) (Lozar, Ryan)

June 10, 2021

ORDER finding as moot #207 Motion to Amend/Correct/Supplement in light of the joint report at #208 stating that the alleged conflict of interest previously raised is now moot. The 6/24/2021 Telephone Conference will proceed as scheduled at 3:00pm, and all counsel should be prepared to discuss their and their clients' availability for settlement conference during the appearance. Ordered by Magistrate Judge Vera M. Scanlon on 6/10/2021. (Lozar, Ryan)

June 8, 2021

Filing 208 Letter by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)

June 2, 2021

Filing 207 MOTION to Amend/Correct/Supplement Order on Motion to Adjourn Conference,,, Terminate Deadlines and Hearings,, regarding the Telephone Conference and whether Defendants' appearances are required by Joseph Kearney, Paul Mannix. (Sullivan, Keith)

May 21, 2021

ORDER granting motion #206 to adjourn the settlement conference scheduled for 5/27/2021 at 10:30 AM. A Telephone Conference is scheduled for 6/24/2021 at 3:00 PM. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. On or before 6/8/2021, the parties are to file joint status report with legal analysis as to whether the alleged conflict is waivable or unwaivable. See, e.g., ECF Nos. #200 , #206 ; Dkt. Entry 4/28/2021. Ordered by Magistrate Judge Vera M. Scanlon on 5/21/2021. (Quinlan, Krista)

May 19, 2021

Filing 206 MOTION to Adjourn Conference by Michael Johnson. (Smith, Nathaniel)

May 19, 2021

Filing 205 Letter by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)

April 28, 2021

STATUS REPORT ORDER: On or before 5/19/2021, Defendant Gala is to file a status letter stating his position with regard to representation issues discussed on the 4/28/2021 record. If new counsel will appear or additional time is requested for that purpose, the appropriate filings should be made. Ordered by Magistrate Judge Vera M. Scanlon on 4/28/2021. (Quinlan, Krista)

April 28, 2021

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 4/28/2021. John David Lenoir, Peter Joseph Gleason and Nathaniel B. Smith appearing for Plaintiff. Kimberly Kirsten Brown appearing with Defendant Michael Gala. See separate docket entry for Order issuing from this proceeding. (FTR Log #4:05-5:19.) (Quinlan, Krista)

April 26, 2021

SCHEDULING ORDER: In light of the submission at #204 , a Dunton hearing will be held on Wednesday, April 28, 2021, at 4:00PM. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 4/26/2021. (Quinlan, Krista)

April 23, 2021

SCHEDULING ORDER: A Telephonic Settlement Conference is set for 5/27/2021 at 10:30 AM before Magistrate Judge Vera M. Scanlon. Counsel and Parties with full settlement authority are required to participate. On or before 5/20/2021, 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. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 4/23/2021. (Quinlan, Krista)

April 22, 2021

Filing 204 Letter re All Parties' Availability for Settlement Conf and Hearing by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)

April 20, 2021

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 4/20/2021. John David Lenoir, Peter Joseph Gleason and Nathaniel B. Smith appearing for Plaintiff. Kimberly Kirsten Brown, Karen Griffin, Seth H. Greenberg and Keith M. Sullivan appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:57-12:45.) (Quinlan, Krista)

April 20, 2021

STATUS REPORT ORDER: As discussed during the 4/20/2021 conference, on or before 4/23/2021, the Parties will file a joint status report letter confirming the parties availability for a settlement conference. Ordered by Magistrate Judge Vera M. Scanlon on 4/20/2021. (Quinlan, Krista)

April 19, 2021

RE-SCHEDULING ORDER: With apologies for the short notice, due to an unanticipated change in the Court's calendar, the conference scheduled for today is rescheduled to 4/20/2021 at 12:00 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 4/19/2021. (Quinlan, Krista)

April 13, 2021

SCHEDULING ORDER: A Telephone Conference is set for 4/19/2021 at 12:30 PM before Magistrate Judge Vera M. Scanlon. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. The Parties should expect to discuss the issues raised in their filings at ECF Nos. #200 through #203 . Ordered by Magistrate Judge Vera M. Scanlon on 4/13/2021. (Quinlan, Krista)

April 12, 2021

Filing 203 Letter in Response to Plaintiff's Status Report by Jake Lamonda (Greenberg, Seth)

April 12, 2021

Filing 202 Letter by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)

April 9, 2021

Filing 201 Letter Regarding Mediation by Joseph Kearney, Paul Mannix (Sullivan, Keith)

April 9, 2021

Filing 200 Letter re Status by Michael Johnson (Smith, Nathaniel)

April 9, 2021

ORDER RE #200 Plaintiff Status Letter. Defendant is ordered to respond to plaintiff's letter by Monday, April 12, 2021. Ordered by Judge Kiyo A. Matsumoto on 4/9/2021. (Urquiola, Rebecca)

March 30, 2021

Filing 199 ORDER granting in part and denying in part #165 Motion for Summary Judgment; granting in part and denying in part #171 Motion for Summary Judgment; granting in part and denying in part #175 Motion for Summary Judgment. For the reasons stated in the accompanying Memorandum and Order, this court DENIES (1) The City Defendants' motion for summary judgment as to the Title VII, NYSHRL, and NYCHRL retaliation claims; (2) Curneen, Gala, Lemonda, and the Individual Defendants' motions for summary judgment as to plaintiff's NYSHRL and NYCHRL claims; (3) The City Defendants' motion for summary judgment as to plaintiff's retaliatory hostile work environment claim; (4) Curneen, Gala, Lemonda, Kearney and Mannix's summary judgment motions pursuant to Section 1983; (5) Lemonda and the Individual Defendants' motions for summary judgment as to plaintiff's Section 1981 claim; and (6) The City Defendant's motion for summary judgement pursuant to Section 1983, alleging municipal liability. The court GRANTS all of the defendants' motions for summary judgment as to plaintiffs Sections 1985 and 1983 conspiracy claims. The parties are directed to confer and jointly advise the court via ECF as to how they intend to proceed by Friday, April 9, 2021. The parties are also urged to re-engage in settlement discussions and seek the assistance of Magistrate Judge Vera M. Scanlon in any settlement efforts. Ordered by Judge Kiyo A. Matsumoto on 3/30/2021. (Urquiola, Rebecca)

June 18, 2020

Filing 198 Letter in Resp. to Plaintiff's letter dated June 17, 2020 by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)

June 17, 2020

Filing 197 Letter regard recent Supreme Court decision by Michael Johnson (Smith, Nathaniel)

April 14, 2020

Filing 196 AFFIDAVIT/DECLARATION in Support re #165 MOTION for Summary Judgment filed by City of New York, Michael Curneen, Michael Gala. (Attachments: #1 Exhibit A, #2 Exhibit F, #3 Exhibit I, #4 Exhibit J, #5 Exhibit L, #6 Exhibit M) (Brown, Kimberly)

April 14, 2020

Filing 195 REPLY in Support re #165 MOTION for Summary Judgment Response to Pltf. Sur-Reply filed by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)

April 9, 2020

ORDER granting #164 and #194 Motions for leave to electronically file documents under seal. Counsel are directed to file the original documents under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. The court is likely to limit sealing to the extent the documents are cited in or appended to future motions, or relied on at trial. Ordered by Judge Kiyo A. Matsumoto on 4/9/2020. (Brasky, Michael)

April 8, 2020

Filing 194 MOTION to Seal Document - ECF Doc. 192-2 by Michael Johnson. (Smith, Nathaniel)

April 7, 2020

Filing 192 MEMORANDUM in Opposition re sur-reply filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Smith, Nathaniel)

March 31, 2020

ORDER granting #190 Motion for Leave to File. Plaintiff is granted leave to file a five-page sur-reply responding to the three issues raised in plaintiff's letter, dated March 27, 2020. The City Defendants are granted leave to file a five-page response to the sur-reply, if necessary. Plaintiff shall file any sur-reply no later than Tuesday, April 7, 2020; defendants shall file any response no later than Tuesday, April 14, 2020. Ordered by Judge Kiyo A. Matsumoto on 3/31/2020. (Brasky, Michael)

March 30, 2020

Filing 191 RESPONSE to Motion re #190 MOTION for Leave to File Document filed by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)

March 27, 2020

Filing 190 MOTION for Leave to File Document by Michael Johnson. (Smith, Nathaniel)

March 26, 2020

Filing 189 Letter re transmittal of courtesy copies by Michael Johnson (Smith, Nathaniel)

March 20, 2020

Filing 188 Letter re Courtesy Copies Delayed by Michael Johnson (Smith, Nathaniel)

March 20, 2020

Filing 187 Letter re MSJ Courtesy Copies Delayed by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)

March 20, 2020

Filing 186 Letter re: Summary Judgment Motion Papers by Joseph Kearney, Paul Mannix (Sullivan, Keith)

March 19, 2020

Filing 185 Letter re: Summary Judgment Motion Papers by Jake Lamonda (Greenberg, Seth)

March 19, 2020

Filing 184 REPLY in Support re #171 MOTION for Summary Judgment filed by Jake Lamonda. (Greenberg, Seth)

March 19, 2020

Filing 183 REPLY in Support re #175 Notice of MOTION for Summary Judgment on all claims filed by Joseph Kearney, Paul Mannix. (Sullivan, Keith)

March 19, 2020

Filing 182 AFFIDAVIT/DECLARATION in Opposition re #171 MOTION for Summary Judgment , #165 MOTION for Summary Judgment , #175 Notice of MOTION for Summary Judgment on all claims Smith Declaration and POX 1-61 filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit, #56 Exhibit, #57 Exhibit, #58 Exhibit, #59 Exhibit, #60 Exhibit, #61 Exhibit) (Smith, Nathaniel)

March 19, 2020

Filing 181 AFFIDAVIT/DECLARATION in Opposition re #175 Notice of MOTION for Summary Judgment on all claims, #171 MOTION for Summary Judgment , #165 MOTION for Summary Judgment Michael Johnson Declaration filed by Michael Johnson. (Smith, Nathaniel)

March 19, 2020

Filing 180 RULE 56.1 STATEMENT in Response to All Defendants' Rule 56.1 Statements filed by Michael Johnson. (Smith, Nathaniel)

March 19, 2020

Filing 179 MEMORANDUM in Opposition to Summary Judgment Motions by All Defendants filed by Michael Johnson. (Smith, Nathaniel)

March 19, 2020

Filing 178 MEMORANDUM in Support re #175 Notice of MOTION for Summary Judgment on all claims filed by Joseph Kearney, Paul Mannix. (Sullivan, Keith)

March 19, 2020

Filing 177 AFFIDAVIT/DECLARATION in Support re #175 Notice of MOTION for Summary Judgment on all claims filed by Joseph Kearney, Paul Mannix. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8) (Sullivan, Keith)

March 19, 2020

Filing 176 RULE 56.1 STATEMENT re #175 Notice of MOTION for Summary Judgment on all claims filed by Joseph Kearney, Paul Mannix. (Sullivan, Keith)

March 19, 2020

Filing 175 Notice of MOTION for Summary Judgment on all claims by Joseph Kearney, Paul Mannix. (Sullivan, Keith)

March 19, 2020

Filing 174 MEMORANDUM in Support re #171 MOTION for Summary Judgment filed by Jake Lamonda. (Greenberg, Seth)

March 19, 2020

Filing 173 AFFIDAVIT/DECLARATION in Support re #171 MOTION for Summary Judgment filed by Jake Lamonda. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H) (Greenberg, Seth)

March 19, 2020

Filing 172 RULE 56.1 STATEMENT re #171 MOTION for Summary Judgment filed by Jake Lamonda. (Greenberg, Seth)

March 19, 2020

Filing 171 MOTION for Summary Judgment by Jake Lamonda. (Greenberg, Seth)

March 18, 2020

Filing 170 AFFIDAVIT/DECLARATION in Support re #165 MOTION for Summary Judgment JOINT DEPOSITION APPENDIX filed by City of New York, Michael Curneen, Michael Gala. (Attachments: #1 Exhibit Joint Dep. Appx. A, pt. 1, #2 Exhibit Joint Dep. Appx. A, pt. 2, #3 Exhibit Joint Dep. Appx. A, pt. 3, #4 Exhibit Joint Dep. Appx. B, #5 Exhibit Joint Dep. Appx. C, #6 Exhibit Joint Dep. Appx. D, #7 Exhibit Joint Dep. Appx. E, #8 Exhibit Joint Dep. Appx. F, #9 Exhibit Joint Dep. Appx. G, #10 Exhibit Joint Dep. Appx. H) (Brown, Kimberly)

March 18, 2020

Filing 169 REPLY in Support re #165 MOTION for Summary Judgment filed by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)

March 18, 2020

Filing 168 MEMORANDUM in Support re #165 MOTION for Summary Judgment filed by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)

March 18, 2020

Filing 167 AFFIDAVIT/DECLARATION in Support re #165 MOTION for Summary Judgment filed by City of New York, Michael Curneen, Michael Gala. (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) (Brown, Kimberly)

March 18, 2020

Filing 166 RULE 56.1 STATEMENT re #165 MOTION for Summary Judgment filed by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)

March 18, 2020

Filing 165 MOTION for Summary Judgment by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)

March 18, 2020

Filing 164 Joint MOTION for Leave to Electronically File Document under Seal by City of New York, Michael Curneen, Michael Gala. (Attachments: #1 Exhibit BIT transcript, #2 Exhibit BIT transcript, #3 Exhibit BIT transcript, #4 Exhibit BIT transcript, #5 Exhibit BIT transcript, #6 Exhibit BIT transcript, #7 Exhibit BIT transcript, #8 Exhibit BIT transcript, #9 Exhibit BIT transcript, #10 Exhibit BIT transcript, #11 Exhibit BIT transcript, #12 Exhibit Smith Ex. 53, #13 Exhibit Smith 8, #14 Exhibit Smith 16, #15 Exhibit Smith 55, #16 Exhibit Smith 56, #17 Exhibit Smith 59, #18 Exhibit Sullivan 4, #19 Exhibit Sullivan 8, #20 Exhibit Brown Ex. A, #21 Exhibit Brown Ex. F, #22 Exhibit Brown Ex. I, #23 Exhibit Brown Ex. J, #24 Exhibit Brown Ex. L, #25 Exhibit Brown Ex. M) (Brown, Kimberly) (Attachments 13 and 18 corrupted and were replaced on 3/25/2021) (Lee, Tiffeny).

March 6, 2020

ORDER granting #163 Motion for Extension of Time to File Response/Reply. The court grants defendants' request to file their replies to March 19, 2020, and further grants the City Defendants' request for a three-page extension to their reply brief. Ordered by Judge Kiyo A. Matsumoto on 3/6/2020. (Brasky, Michael)

March 5, 2020

Filing 163 First MOTION for Extension of Time to File Response/Reply by Jake Lamonda. (Greenberg, Seth)

February 8, 2020

Filing 162 First MOTION for Extension of Time to File Response/Reply by Michael Johnson. (Smith, Nathaniel)

February 8, 2020

ORDER granting #162 Motion for Extension of Time to File Response/Reply. The court grants plaintiff's request to extend the deadline to serve plaintiff's opposition to defendants' motions for summary judgment. Plaintiff shall serve his opposition no later than February 17, 2020, and plaintiffs shall serve their reply, if any, and filed the fully-brief motions to ECF in logical order no later than March 10, 2020. Ordered by Judge Kiyo A. Matsumoto on 2/8/2020. (Brasky, Michael)

February 4, 2020

ORDER granting #161 Motion for Leave to File Excess Pages. Plaintiff's request to serve and file a memorandum of law, not to exceed 90 pages, in opposition to defendants' motions for summary judgment, is granted. Ordered by Judge Kiyo A. Matsumoto on 2/4/2020. (Brasky, Michael)

February 3, 2020

Filing 161 MOTION for Leave to File Excess Pages by Michael Johnson. (Smith, Nathaniel)

November 12, 2019

Filing 160 ORDER overruling plaintiff's objections [154, 155] and affirming Judge Scanlon's Decision to Quash Subpoena. For the reasons stated in the attached Order, the court OVERRULES plaintiff's objections and AFFIRMS Judge Scanlon's Order granting non-party Susan Edelman's motion to quash plaintiff's subpoena. Judge Scanlon properly exercised her discretion when she held that Edelman's sources and other newsgathering information with respect to the Article were confidential and that plaintiff did not overcome his burden to compel disclosure of Edelman's information. Accordingly, Judge Scanlon's Order is neither clearly erroneous nor contrary to law, and plaintiff's objections are overruled. Ordered by Judge Kiyo A. Matsumoto on 11/12/2019. (Brasky, Michael)

October 25, 2019

REPORT of Mediation unsettled. 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.Mediation Report due by 11/4/2019. (Weinstein, Robyn)

October 3, 2019

ORDER granting #159 Motion for Extension of Time to File. The court adopts the parties' proposed amended briefing schedule. The parties shall file the fully-briefed motion by February 25, 2020, and serve two courtesy copies on Chambers. Ordered by Judge Kiyo A. Matsumoto on 10/3/2019. (Mazzurco, Vincent)

October 2, 2019

Filing 159 Letter MOTION for Extension of Time to File by Paul Mannix. (Sullivan, Keith)

October 2, 2019

Filing 158 Letter dated 10/2/2019 by Keith M. Sullivan, counsel for defendants Paul Mannix and Joseph Kearney Requesting Postponement of the summary judgment motion for an additional 30 days.(Sullivan, Keith). Modified on 10/2/2019 to add named deft. that was erroneously omitted. (Layne, Monique).

September 24, 2019

SELECTION OF MEDIATOR: Joseph Kevin McKay selected as Mediator. The first mediation session will take place on October 21, 2019 at 10:00 AM at the NYED Brooklyn Federal Courthouse in Rooms 102 AN and 110 N. 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 11/4/2019. (Priftakis, Tina)

September 4, 2019

ORDER REFERRING CASE to Mediation. Mediation shall be completed by 11/1/2019Selection of Mediator due by 9/18/2019. In light of the briefing schedule set for defendants' motions for summary judgment, the parties are to inform the court if they anticipate needing to alter the briefing schedule by 11/1/2019. Ordered by Judge Kiyo A. Matsumoto on 9/4/2019. (Mazzurco, Vincent)

September 4, 2019

MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, 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. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. 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. (Priftakis, Tina)

September 4, 2019

Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 9/4/2019. Appearances: for plaintiff, Nathaniel Smith, Esq., Peter Gleason, Esq., and John Lenoir, Esq.; for defendants City of New York, Michael Gala, and Michael Curneen, Kimberly Brown, Esq.; for defendants Jake Lamonda, Seth Greenberg, Esq.; and for defendants Paul Mannix and Joseph Kearney, Keith Sullivan, Esq. The court held discussions on defendants' anticipated motions for summary judgment. The court heard from each defendant as to the bases they believe entitles them to summary judgment, and from plaintiff on the bases he believes entitles him to a jury trial on his claims. The court noted that there may be factual disputes that preclude summary judgment on some of defendants' stated bases. The parties were amenable to being referred to mediation, and the court will enter an order accordingly. The court also set a briefing schedule as follows: defendants to serve their opening briefs and Local Rule 56.1 statements by November 4, 2019; plaintiff shall serve his opposition by January 6, 2020; defendants shall reply by January 21, 2020. By January 21, 2020, then, the parties shall file via ECF their motion papers, in the order served, and serve two courtesy copies of the same on Chambers. If the parties wish to delay briefing the motions in light of any progress made at mediation, they shall inform the court and request an extension. (Court Reporter Mancuso, Anthony.) (Mazzurco, Vincent)

September 3, 2019

SCHEDULING ORDER: Due to a conflict with the court's calendar, the 11 a.m. teleconference scheduled for today is adjourned to tomorrow, September 4, 2019, at 9:30 a.m. The parties shall arrange a conference call and, once all parties are on the line, dial in to Chambers (718-613-2180). Ordered by Judge Kiyo A. Matsumoto on 9/3/2019. (Mazzurco, Vincent)

August 29, 2019

Filing 157 REPLY in Support re #155 Appeal of Magistrate Judge Decision to District Court filed by Michael Johnson. (Smith, Nathaniel)

August 27, 2019

ORDER: The parties are respectfully directed to serve two courtesy copies of their respective objection/appeal and response on Chambers. Ordered by Judge Kiyo A. Matsumoto on 8/27/2019. (Mazzurco, Vincent)

August 26, 2019

Filing 156 Letter dated August 26, 2019 to the Honorable Kiyo A. Matsumoto in response to #154 MOTION to Produce and Objections to Grant of Motion to Quash and Doc. #155 , in compliance with 08/20/2019 Order Re: #150 ORDER granting 143 Motion to Quash. by Susan Edelman (Balin, Robert)

August 20, 2019

ORDER: Defendant shall respond to plaintiff's objection, (ECF Nos. #154 - #155 ), no later than August 26, 2019. Ordered by Judge Kiyo A. Matsumoto on 8/20/2019. (Mazzurco, Vincent)

August 19, 2019

Filing 155 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Michael Johnson re #150 Order on Motion to Quash,,,, (Smith, Nathaniel)

August 19, 2019

Filing 154 MOTION to Produce and Objections to Grant of Motion to Quash, MOTION to Take Deposition from Sue Edelman by Michael Johnson. (Smith, Nathaniel)

August 16, 2019

Scheduling Order: Telephonic Pre Motion Hearing set for 9/3/2019 at 11:00 a.m. before Judge Kiyo A. Matsumoto. The court will hold a pre-motion conference to discuss defendants' proposed motions for summary judgment. The parties will arrange a conference call and, once all parties are on the line, dial in to Chambers (718-613-2180). Ordered by Judge Kiyo A. Matsumoto on 8/16/2019. (Mazzurco, Vincent)

August 14, 2019

Filing 153 Letter re Summary Judgment Conference by Michael Johnson (Smith, Nathaniel)

August 9, 2019

Filing 152 MOTION for pre motion conference in anticipation of moving for summary judgment by Joseph Kearney, Paul Mannix. (Sullivan, Keith)

August 9, 2019

Filing 151 MOTION for pre motion conference regarding proposed motion for summary judgment by Jake Lamonda. (Greenberg, Seth)

August 9, 2019

Filing 150 ORDER granting #143 Motion to Quash. For the reasons set forth in the attached Order, non-party Susan Edelman's Motion to Quash Plaintiff's subpoena #143 is granted. Ms. Edelman is entitled to the protection of the journalist's privilege with respect to the sources for, and newsgathering conducted in connection with, the article at issue (the "Article"). Were there a waiver, it would relate only to information already in Plaintiff's possession making any need for Ms. Edelman's deposition as to those facts unnecessary. Ms. Edelman has sufficiently established that her unnamed sources in the Article and the information they provided are confidential. Plaintiff has not met the burden, nor has he attempted to meet the burden, necessary to overcome Ms. Edelman's privilege with respect to confidential information. The additional information is not necessary given Plaintiff's extensively developed factual record in this case. The protections of the First Amendment and federal and state privilege law require the granting of the Reporter's motion. Ordered by Magistrate Judge Vera M. Scanlon on 8/9/2019. (Shanies, Rachel)

August 9, 2019

Filing 149 MOTION for pre motion conference in anticipation of moving for summary judgment by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)

August 6, 2019

Filing 148 Letter re Status by Michael Johnson (Smith, Nathaniel)

July 22, 2019

STATUS REPORT ORDER: On or before 8/5/2019, counsel are to submit a letter that discovery is complete, other than as to the proposed Edelman deposition. Ordered by Magistrate Judge Vera M. Scanlon on 7/22/2019. (Quinlan, Krista)

July 19, 2019

ORDER granting in part and denying in part #147 Consent Motion for Extension of Time to File. On or before 8/9/2019, 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 7/19/2019. (Shanies, Rachel)

July 17, 2019

Filing 147 Joint MOTION for Extension of Time to File Initiating Dispositive Motion Documents by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)

June 26, 2019

Filing 146 Letter by Michael Johnson (Smith, Nathaniel)

June 19, 2019

Filing 145 NOTICE of Appearance by Eric Joel Feder on behalf of Susan Edelman (aty to be noticed) (Feder, Eric)

June 4, 2019

Filing 144 RESPONSE in Opposition re #143 MOTION to Quash Subpoena Exhibit Filed Under Seal in Opposition filed by Michael Johnson. (Smith, Nathaniel)

June 4, 2019

Filing 143 MOTION to Quash Subpoena by Susan Edelman. (Attachments: #1 Memorandum in Support of Non-Party Susan Edelman's Motion to Quash Subpoena, #2 Affidavit in Support of Susan Edelmans Motion to Quash Subpoena, #3 Declaration of Eric J. Feder in support of Susan Edelmans Motion to Quash Subpoena, #4 Exhibit "A" (the "Subpoena"), #5 Exhibit "B" (January 7, 2019 E-mail), #6 Exhibit "C" (January 29, 2019 E-mail), #7 Exhibit "D" (January 29, 2019 E-mail in response), #8 Exhibit "E" (Deposition Responses), #9 Exhibit "F" (Transcript), #10 Memorandum in Opposition Plaintiffs Memorandum of Law In Opposition to Motion to Quash Subpoena, #11 Declaration of Nathaniel B. Smith in Opposition, #12 Exhibit "1" of Nathaniel B. Smith's Declaration filing under seal, #13 Exhibit "2" (Mannix excerpts), #14 Exhibit "3" (Johnosn Tr. excerpts), #15 Memorandum in Support Reply Memorandum in further support of Non-party Susan Edelman's Motion to Quash Subpoena) (Balin, Robert)

May 31, 2019

Filing 142 Letter dated May 31, 2019 from Robert D. Balin to Magistrate Judge Vera M. Scanlon, by Susan Edelman (Balin, Robert)

May 9, 2019

Filing 141 NOTICE of Appearance by Sandy Jainauth-Barone on behalf of Jake Lamonda (aty to be noticed) (Jainauth-Barone, Sandy)

May 7, 2019

Filing 140 SCHEDULING ORDER: As discussed during the 5/7/2019 conference (see attached order for additional detail and deadlines), all discovery must be completed by 6/24/2019. On or before 6/25/2019, the Parties will file a joint status report letter confirming that discovery is complete. On or before 7/24/2019, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. The petition and blog/fb post need not be produced for the reasons discussed. Counsel are going to determine in the next 14 days whether Plaintiff's deposition will be reopened as to two late recordings. The City of NY will review the Plaintiff's requests made after depositions in 45 days if available. The City will respond to the BITS inquiry in the near future. All outstanding discovery questions must be made within 15 days of this conference. Counsel stated they have not retained any experts. The Post may have until 5/31/2019 to complete the briefing on the motion to quash. Ordered by Magistrate Judge Vera M. Scanlon on 5/7/2019. (Quinlan, Krista)

May 7, 2019

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 5/7/2019 in Courtroom 13A South. John Lenoir and Peter Gleason appearing for Plaintiff. Kimberly Brown, Seth Greenberg and Sandy Barone appearing for Defendants. Ms. Barone is to file a notice of appearance. See separate docket entry for Order issuing from this proceeding. (FTR Log #12:04-12:59; 1:17-1:18.) (Quinlan, Krista)

May 6, 2019

Filing 139 Order Dismissing Parties, that, pursuant to Fed. R. Civ. P, 41(a)(l)(A)(ii), Plaintiff Michael Johnson's Complaint against Defendant James McCarthy is hereby dismissed with prejudice, with each party to bear his own costs, attorneys' fees, and expenses. Party James McCarthy (new party) terminated. (Ordered by Judge Kiyo A. Matsumoto on 5/3/2019) C/M (Galeano, Sonia)

May 3, 2019

Filing 138 STIPULATION of Dismissal with prejudice by James McCarthy (Rabinowitz, Steven)

April 24, 2019

ORDER granting #137 Motion for Extension of Time to File Response/Reply. Plaintiff's opposition shall be served on April 29, 2019, and Defendant's Reply shall be served on May 8, 2019. Once the motion is fully briefed, it shall be filed on ECF. Ordered by Magistrate Judge Vera M. Scanlon on 4/24/2019. (McCuiston, Hannah)

April 23, 2019

Filing 137 First MOTION for Extension of Time to File Response/Reply by Michael Johnson. (Smith, Nathaniel)

March 28, 2019

ORDER granting #136 Motion for Extension of Time to File Response/Reply. The motion to quash shall be served by April 11, 2019, the opposition, by April 25, 2019, and the reply, by May 2, 2019. All papers shall be filed once the motion is fully briefed. Ordered by Magistrate Judge Vera M. Scanlon on 3/28/2019. (McCuiston, Hannah)

March 27, 2019

Filing 136 Letter MOTION for Extension of Time to File Response/Reply Re: Order Granting #134 Motion for Extension of Time - Briefing on Motion to Quash, by Susan Edelman. (Balin, Robert)

March 27, 2019

Filing 135 NOTICE of Appearance by Robert D. Balin on behalf of Susan Edelman (aty to be noticed) (Balin, Robert)

March 22, 2019

ORDER granting #134 Motion for Extension of Time to File. The motion to quash shall be served by April 4, 2019, opposition to the motion shall be served by April 18, 2019 and the reply shall be served by April 25, 2019. The motion shall be filed on ECF once it has been fully briefed. Ordered by Magistrate Judge Vera M. Scanlon on 3/22/2019. (McCuiston, Hannah)

March 15, 2019

Filing 134 MOTION for Extension of Time to File motion to quash and set schedule by Michael Johnson. (Smith, Nathaniel)

March 5, 2019

ORDER granting #133 Motion to Adjourn Conference; granting #133 Motion for Extension of Time to Complete Discovery. The Parties' proposed revised schedule at #133 is so ordered. No further extensions absent exigent circumstances. Counsel are advised that the Status Conference currently scheduled for 3/6/2019 has been rescheduled to 5/7/2019 at 12:00 PM in Courtroom 13A South 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 3/5/2019. (Quinlan, Krista) Modified on 5/6/2019 to change the conference time from 12:15 PM to 12:00 PM. (Oliner, Daniel).

March 1, 2019

Filing 133 MOTION to Adjourn Conference , MOTION for Extension of Time to Complete Discovery Joint Request by Michael Johnson. (Smith, Nathaniel)

February 25, 2019

ORDER re #132 : The Court GRANTS the joint request but only to the extent that the non-party witnesses agree to provide sworn testimony in the form of interrogatories. Otherwise, counsel shall schedule in-person depositions or conduct the depositions by written questions. See Fed. R. Civ. P. 31. Counsel are reminded to use the correct case number on communications with the Court. Ordered by Magistrate Judge Vera M. Scanlon on 2/25/2019. (McCuiston, Hannah)

February 20, 2019

Filing 132 Letter re Rule 30b6 - Joint Letter by Michael Johnson (Smith, Nathaniel)

January 9, 2019

Filing 131 SCHEDULING ORDER: As discussed during the 1/9/2019 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 3/6/2019 at 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Settlement discussions are ongoing. By 2/20/2019, counsel are to submit a joint letter as to their respective positions on the two 30(b)(6) witnesses for the BITS issue and anti-retaliation for priority hire procedures. By 1/16/2019, defendant to serve the Gleason written deposition questions. The response is due by 1/23/2019. By 1/23/2019, plaintiff to provide defendants with a copy of the Posh's written responses to the document subpoena. Ordered by Magistrate Judge Vera M. Scanlon on 1/9/2019. (Quinlan, Krista)

January 9, 2019

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 1/9/2019 in Courtroom 13A South. John Lenoir, Peter Gleason and Nathaniel Smith appearing for Plaintiff. Heather Martone, Kimberly Brown, Seth Greenberg (via telephone), Keith Sullivan, Steven Berlowitz and Steven Rabinowitz appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #1:07-2:17.) (Quinlan, Krista)

December 26, 2018

Filing 130 AMENDED ANSWER to Defendant Lemonda's Answer to Third Amended Complaint #115 Amended Complaint, by Jake Lamonda. (Greenberg, Seth)

December 21, 2018

Filing 129 ORDER granting in part and denying in part #100 & #101 Motion to Quash. For the reasons stated herein, this Court grants in part and denies in part Plaintiff's motion to quash the subpoena of its counsel, Mr. Gleason, and denies Mr. Gleason's motion for leave to file his unredacted declaration under seal. Plaintiff is ordered to produce Mr. Gleason for a deposition on written questions as permitted within 60 days of the date of this Order. Mr. Gleason does not need to produce his telephone records for the period of March 1, 2015 through May 31, 2015. Ordered by Magistrate Judge Vera M. Scanlon on 12/21/2018. (Pearce, Jessica)

December 17, 2018

Filing 128 ANSWER to Complaint Third Amended Complaint by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Brown, Kimberly)

December 7, 2018

Filing 127 TRANSCRIPT of Proceedings held on October 25, 2018, before Judge Scanlon. Court Reporter/Transcriber Transcription 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 12/28/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/7/2019. (Hong, Loan)

November 27, 2018

Filing 126 ORDER, That the 18-cv-2842 action is hereby discontinued with each party bearing his own costs. That all statute of limitations periods for the claims asserted against the deft in 18-cv-2842, Paul D. Mannix, Joseph Kearney, James McCarthy, shall be agreed to use the date of commencement of the 18-cv-2842 action, 5/12/18, for the purpose of calculating the relevant time periods for any defense that a claim or cause of action is barred by the applicable limitations period, unless discovery reveals that the statute of limitations commenced on the causes of action prior to, then such date shall be used for calculating the relevant statute of limitations. (Must see Order for further details) (Ordered by Judge Kiyo A. Matsumoto on 11/21/2018) c/m (Galeano, Sonia)

November 26, 2018

Filing 125 ANSWER to #115 Amended Complaint, by Joseph Kearney. (Sullivan, Keith)

November 26, 2018

Filing 124 ANSWER to #115 Amended Complaint, by Paul Mannix. (Sullivan, Keith)

November 26, 2018

Filing 123 NOTICE of Appearance by Keith M. Sullivan on behalf of Joseph Kearney (aty to be noticed) (Sullivan, Keith)

November 26, 2018

Filing 122 NOTICE of Appearance by Keith M. Sullivan on behalf of Paul Mannix (aty to be noticed) (Sullivan, Keith)

November 21, 2018

Filing 121 NOTICE of Appearance by Steven Charles Berlowitz on behalf of James McCarthy (aty to be noticed) (Berlowitz, Steven)

November 21, 2018

Filing 120 ANSWER to #115 Amended Complaint, by James McCarthy. (Rabinowitz, Steven)

November 21, 2018

Filing 119 NOTICE of Appearance by Steven Michael Rabinowitz on behalf of James McCarthy (aty to be noticed) (Rabinowitz, Steven)

November 7, 2018

Filing 118 Letter re Status by Michael Johnson (Smith, Nathaniel)

November 1, 2018

Filing 117 AMENDED Summons Issued as to Joseph Kearney, Paul Mannix, and James McCarthy. (Galeano, Sonia)

October 31, 2018

Filing 116 Proposed Summons. by Michael Johnson (Smith, Nathaniel)

October 31, 2018

Filing 115 AMENDED COMPLAINT (Third Amended Complaint) against Paul Mannix, Joseph Kearney, James McCarthy, filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit) (Smith, Nathaniel)

October 25, 2018

Filing 114 SCHEDULING ORDER: As discussed during the 10/25/2018 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 1/9/2019 at 1:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The Court heard argument on the motion to quash the Gleason subpoena. Ordered by Magistrate Judge Vera M. Scanlon on 10/25/2018. (Quinlan, Krista)

October 25, 2018

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 10/25/2018 in Courtroom 13A South. Nathaniel Smith appearing for Plaintiff. Kimberly Brown and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #12:29-1:05.) (Quinlan, Krista)

October 24, 2018

Filing 113 ORDER granting #108 Motion for Leave to File Amended Complaint. For the reasons set forth in the attached Memorandum and Order, the Motion to Amend is GRANTED. Plaintiff is respectfully directed to file a Third Amended Complaint as a separate docket entry within seven (7) days of the entry of this order. As discussed in the attached Memorandum and Order, plaintiff may include additional factual allegations to establish that defendants Mannix and Kearney were personally involved in depriving him of his federal rights, and that they acted "under color of law." Additionally, the parties are respectfully directed to file a joint letter to the court stating how they intend to proceed in this action and in 18-CV-2842 within fourteen (14) days. Plaintiff is urged to seriously consider dismissing the Second Action, 18-CV-2842, or to explain in the joint letter why it is necessary to maintain the Second Action. Ordered by Judge Kiyo A. Matsumoto on 10/24/2018. (Flores, Diego)

October 19, 2018

ORDER staying #100 / #101 Motion to Quash. SCHEDULING ORDER: An in-person Status Conference is set for 10/25/2018 at 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel is advised that this conference is scheduled for 1 hour. Counsel should be prepared to discuss #100 / #101 and any discovery issues. Ordered by Magistrate Judge Vera M. Scanlon on 10/19/2018. (Pearce, Jessica)

October 5, 2018

Filing 112 Letter re Transmittal of Courtesy Copies by Michael Johnson (Smith, Nathaniel)

October 5, 2018

Filing 111 MEMORANDUM in Opposition Of Plaintiff's Motion To Amend And Consolidate On The Behalf Of Defendants Paul D. Mannix and Joseph Kearney sued here as John Doe(s) filed by John Doe or Jane Doe. (Sullivan, Keith)

October 5, 2018

Filing 110 REPLY in Support of Motion to Amend filed by Michael Johnson. (Smith, Nathaniel)

October 5, 2018

Filing 109 MEMORANDUM in Support of Motion to Amend filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit) (Smith, Nathaniel)

October 5, 2018

Filing 108 MOTION to Amend/Correct/Supplement by Michael Johnson. (Smith, Nathaniel)

September 5, 2018

Filing 107 SCHEDULING ORDER: SCHEDULING ORDER: As discussed during the 9/5/2018 conference (see attached order for additional detail and deadlines), discovery in these cases is coordinated and may be consolidated. In the "18" case per the District Court's orders, Plaintiff will file a motion to amend in the "16" case. An order to avoid duplication, discovery in each case is as follows: 1) Defendants and Plaintiff in the "16" case are to provide the "18" Defendant with copies of discovery to date, if not already done. 2) Discovery (fact) closes on 1/31/2019. 3) Expert discovery closes on 3/15/2019. 4) PMC on dispositive motion due on 4/12/2019. 5) Letter confirming discovery complete by 3/15/2019. 6) JPTO due on 6/14/2019. Ordered by Magistrate Judge Vera M. Scanlon on 9/5/2018. (Quinlan, Krista)

September 5, 2018

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 9/5/2018 in Courtroom 13A South. John Lenoir, Peter Gleason and Nathaniel Smith appearing for Plaintiff. Kimberly Brown and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #2:50-3:00.) (Quinlan, Krista)

August 22, 2018

SCHEDULING ORDER: As discussed on the record at the in-court pre-motion conference held in Johnson v. Mannix et al., case no. 18-cv-2842 (the "Second Action"; see August 22, 2018 Minute Entry in 18-cv-2842), plaintiff will move for leave to amend the complaint in this action to include the defendants in the Second Action. The court ORDERED the following briefing schedule: plaintiff shall serve, but not file, his motion to amend, on or before September 7, 2018. Any opposition shall be served, but not filed, on or before September 28, 2018. Plaintiff's reply shall be served on or before October 5, 2018. On the date the reply is served, the parties shall upload their motion papers to ECF on the docket of this action in the order served. Additionally, each party shall serve two courtesy copies of its motion papers on chambers. Ordered by Judge Kiyo A. Matsumoto on 8/22/2018. (Flores, Diego)

August 20, 2018

ORDER granting consent #106 Motion to Adjourn Conference. At the request of the parties, the 8/22/2018 Status Conference is rescheduled to 9/5/2018 at 2:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 8/20/2018. (Quinlan, Krista)

August 18, 2018

Filing 106 MOTION to Adjourn Conference by Jake Lamonda. (Greenberg, Seth)

August 17, 2018

Filing 105 RESPONSE in Opposition re #100 Letter MOTION to Quash Subpoena filed by Jake Lamonda. (Attachments: #1 Exhibit Exhibit 1) (Greenberg, Seth)

August 17, 2018

ORDER denying #104 Motion for Discovery. Plaintiff's request for an order compelling Defendants to perform additional searches of their records is denied. The Court previously determined that it was reasonable for Defendants to produce materials related to certain unrelated investigations of alleged leaks of confidential information from the FDNY so that Plaintiff could explore, inter alia, whether the FDNY has a practice of failing to respond properly to leak allegations. Defendants have made a significant production of materials of more than 2000 pages. Plaintiff now speculates that additional material must be available to the FDNY, but that it has deliberately not been produced. Although Plaintiff points to particular references in the produced materials that suggest the existence of other documents, Defendants have explained that the FDNY has conducted a diligent search but cannot locate them. The Court accepts the representations of Defendants' counsel and the declaration under penalty of perjury of FDNY Deputy Director Joseph T. Palazzolo II as to the efforts made to locate responsive materials. For example, Deputy Director Palazzolo confirmed that he conducted a review of the FDNY's records for additional Simkins materials. He reasonably explained the gap in the FDNY's file as to transcripts for the Simpkins investigation. See ECF 04-3, paras. 6-10. As to the investigators' identities, Defendants state that they have provided their names, and that they are former employees; it is unclear what additional information Plaintiff believes that Defendants should be able to produce on this point. The Court concludes that Defendants have conducted a sufficiently diligent search to comply with the Court's previous Order compelling production of files of other leak investigations. There is no prejudice to Plaintiff by the lack of an additional production because Plaintiff has sufficient materials with which to explore previous instances of alleged leaks and the FDNY's general pattern of responding to such allegations. Any additional input of resources by Defendants into searching for the requested materials would be unduly burdensome relative to Plaintiff's need for them.The request for sanctions is denied as well. In this vein, the Court is troubled that Plaintiff's counsel's communications in this case question the professional character of Defendants' counsel and employees of the FDNY who assisted Defendants' counsel. Examples of unnecessarily accusatory language includes the following from Plaintiff's counsel in the recent letter motion: a) describing Defendants' counsel's explanations as "confusing" and "muddy"; b) "...it is clear to us that the FDNY has purposefully failed to comply..."; c) "Hence, the BITS investigation was a major event for BITS and the FDNY, and its more recent efforts to sweep it under the rug (and pretend they cannot find it) should be rejected." In light of Defendants' counsel's representations as an officer of the Court and Deputy Director Palazzolo's sworn statements of the thorough search that they have conducted for the requested materials, there is no basis in the record to support Plaintiff's counsel's implication that either has intentionally withheld documents contrary to the Court's Order. The Court reminds counsel that the Court expects professional cooperation and courtesy among counsel. See Local Civil Rule 26.4. Ordered by Magistrate Judge Vera M. Scanlon on 8/17/2018. (Quinlan, Krista)

August 17, 2018

RE-SCHEDULING ORDER: In light of Judge Matsumoto's 8/17/2018 Order, the 9/5/2018 Status Conference is rescheduled to 8/22/2018 at 12:15 PM in Courtroom 13A South 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 8/17/2018.

August 16, 2018

Filing 104 Letter MOTION for Discovery Joint Status Letter by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Brown, Kimberly)

August 13, 2018

RE-SCHEDULING ORDER: Due to a scheduling conflict, the Status Conference set for 9/5/2018 will begin at 2:30 PM (not 3:00 PM) in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The Court has allocuted one hour for this conference. If more time is needed, another conference will be scheduled. Ordered by Magistrate Judge Vera M. Scanlon on 8/13/2018. (Quinlan, Krista)

August 10, 2018

Filing 103 TRANSCRIPT of Proceedings held on July 25, 2018, before Judge Scanlon. Court Transcriber: Fiore Reporting and Transcription Service, 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 8/31/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/8/2018. (Rocco, Christine)

August 9, 2018

ORDER granting consent #102 Motion to Adjourn Conference. The 8/23/2018 status conference is adjourned to the 9/5/2018 scheduled conference. Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 8/9/2018. (Quinlan, Krista)

August 8, 2018

Filing 102 Joint MOTION to Adjourn Conference on Consent by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Brown, Kimberly)

August 8, 2018

SCHEDULING ORDER: An in-person Status Conference is set for 8/23/2018 at 10:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 8/8/2018. (Pearce, Jessica)

August 7, 2018

Filing 101 Letter MOTION to Quash and File In Camera Declaration by Michael Johnson. (Attachments: #1 Notice of Motion Letter Requesting In Camera Inspection) (Smith, Nathaniel)

August 7, 2018

Filing 100 Letter MOTION to Quash Subpoena by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit) (Smith, Nathaniel)

July 25, 2018

Filing 99 Letter to Magistrate Judge Scanlon by Michael Johnson (Smith, Nathaniel)

July 25, 2018

Filing 98 SCHEDULING ORDER: As discussed during the 7/25/2018 conference (see attached order for additional detail and deadlines), all discovery must be completed by 10/31/2018. On or before 10/31/2018, the Parties will file a joint status report letter confirming that discovery is complete. On or before 11/30/2018, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge An in person Status Conference is set for 9/5/2018 at 3:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. (Mannix case as well). Parties failed to file status letter per the 4/11/2018. During the conference, Defendants' counsel outlines the dispute as to the materials produced by the City as to four individuals to whom investigations were conducted. The Parties are encouraged to discuss resolving the dispute. Plaintiff seems (per Defendant) to request recordings/transcripts for the investigations. Per the Sinkins investigation, transcript/recordings cannot be located. Per the other three investigations, all materials have been produced, including transcripts/recordings. Any remaining dispute is to be raised via a joint status letter submitted by 8/17/2018. Defendants' counsel should include the J. Pallozolo II affidavit with the status letter. Counsel should consider a settlement conference as to both cases. Plaintiff to notice/subpoena any depositions by 8/17/2018 to be taken by 10/31/2018. Plaintiff's counsel failed to appear or respond to the Court calls. By 8/1/2018, they must submit a letter explaining the nonappearance. As a sanction, Plaintiff's counsel must obtain today's transcript. Defendants intend to depose Mr. Gleason and Mr. Johnson. Mr. Gleason's deposition will be scheduled for September. Any motion to quash in whole or in part should be made by 8/7/2018. Any opposition is due by 8/17/2018. No reply is needed. Mr. Johnson's deposition to be completed by 9/28/2018. Defendant (City) will notice the deposition, most likely by 9/17/2018 or 9/18/2018 at Corp. Counsel office. Plaintiff's counsel is to confirm that any damages related evidence has been or will be produced by 8/17/2018. All counsel are encouraged to discuss scheduling issues in this case and the Mannix case to address overlapping depositions, sharing document productions and the possibilities of a consolidated trial (which if requested would be a request to the District Judge) etc. Ordered by Magistrate Judge Vera M. Scanlon on 7/25/2018. (Quinlan, Krista)

July 25, 2018

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 7/25/2018 in Courtroom 13A South. No appearance for Plaintiff. Kimberly Brown and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:57-1:02.) (Quinlan, Krista)

July 6, 2018

ORDER granting consent #97 Motion to Adjourn Conference. At the request of the parties, the 7/12/2018 Status Conference is rescheduled to 7/25/2018 at 11:30 AM in Courtroom 13A South 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 7/6/2018. (Quinlan, Krista)

July 5, 2018

Filing 97 Letter MOTION to Adjourn Conference on Consent by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Brown, Kimberly)

June 28, 2018

RE-SCHEDULING ORDER: Due to a scheduling conflict, the Status Conference set for 7/12/2018 will begin at 11:30 AM (not 12:00 PM) in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. The Court has allocuted one hour for this conference. If more time is needed, another conference will be scheduled. Ordered by Magistrate Judge Vera M. Scanlon on 6/28/2018. (Quinlan, Krista)

May 25, 2018

Filing 96 Letter in Response to Judge Weinstein's order requesting briefing on relationship between Johnson v. City et al and Johnson v. Mannix et al by City of New York, Michael Curneen, Michael Gala (Brown, Kimberly)

May 25, 2018

Filing 95 Letter in Response to Judge Weinstein's order requesting briefing on relationship between Johnson v. City et al and Johnson v. Mannix et al by Jake Lamonda (Attachments: #1 Johnson Protective Order) (Greenberg, Seth)

May 21, 2018

Filing 94 ANSWER to #87 Amended Complaint, by Jake Lamonda. (Greenberg, Seth)

May 17, 2018

ORDER granting #93 Motion to Withdraw as Attorney. Attorney Heather Marie Martone terminated. Ordered by Magistrate Judge Vera M. Scanlon on 5/17/2018. (Quinlan, Krista)

May 16, 2018

Filing 93 MOTION to Withdraw as Attorney Heather Martone by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Declaration) (Martone, Heather)

May 16, 2018

Filing 92 ORDER re (91 in 1:16-cv-06426-KAM-VMS) Notice of Related Case filed by Michael Johnson, (6 in 1:18-cv-02842-JBW-PK) Notice of Related Case. The parties shall submit briefs on the issue of relationship within 10 days. Oral argument is not required. So Ordered by Judge Jack B. Weinstein on 5/16/2018. (Lee, Tiffeny)

May 15, 2018

Filing 91 Notice of Related Case 18-cv-2842 (JBW) (PK) (Smith, Nathaniel)

May 15, 2018

ORDER granting #90 Motion for Extension of Time to Answer as to Jake Lamonda. Defendant's deadline to answer the Amended Complaint or otherwise move is extended to 5/21/2018. Ordered by Magistrate Judge Vera M. Scanlon on 5/15/2018. (Quinlan, Krista)

May 14, 2018

Filing 90 MOTION for Extension of Time to File Answer re #87 Amended Complaint, by Jake Lamonda. (Greenberg, Seth)

May 14, 2018

Filing 89 ANSWER to #87 Amended Complaint, by City of New York, Michael Curneen, Michael Gala. (Brown, Kimberly)

May 14, 2018

Filing 88 Notice of Related Case (Davis, Kimberly)

April 30, 2018

Filing 87 AMENDED COMPLAINT (Second) against City of New York, Michael Curneen, Michael Gala, John Doe or Jane Doe, Jake Lamonda, Daniel A. Nigro, filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Smith, Nathaniel)

April 11, 2018

Filing 86 ORDER granting #81 Motion for Discovery. As discussed during the 4/11/2018 conference (see attached order for additional detail and deadlines), all discovery including fact discovery must be completed by 8/31/2018. On or before 8/31/2018, the Parties will file a joint status report letter confirming that discovery is complete. On or before 9/28/2018, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 10/29/2018, the Parties will file their joint Proposed Pretrial Order. An in person Status Conference is set for 7/12/2018 at 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 7/9/2018, the Parties will file a joint status report letter. Counsel are urged to schedule a settlement conference. For the reasons discussed and stated on the record, the motion for discovery at #81 is granted. In brief, the City itself leaked the investigations of leaks to the Post reporter in its affidavit in State Court in the Houghton application, per the Wallace affidavit at [81-1]. As discussed by the Court in the motion to dismiss, Plaintiff's Claim of Title VII discrimination is proceeding and includes the release of the material that was addressed in the Post article. Defendant has not shown, or even offered any significant evidence of burdensomeness. The production should be made by 6/11/2018. Counsel are urged to review the District Court's decision at #82 before filing any additional action(s). Ordered by Magistrate Judge Vera M. Scanlon on 4/11/2018. (Quinlan, Krista)

April 11, 2018

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 4/11/2018 in Courtroom 13A South. John Lenoir, Peter Gleason and Nathaniel Smith appearing for Plaintiff. Kimberly Brown and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:34-1:06.) (Quinlan, Krista)

April 9, 2018

Filing 85 Letter re Status by Michael Johnson (Smith, Nathaniel)

April 5, 2018

ORDER denying #84 Motion for Leave to File a Reply. SCHEDULING ORDER: An in-person Status Conference is set for 4/12/2018 at 11:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 4/5/2018. (Pearce, Jessica)

April 4, 2018

Filing 84 MOTION for Leave to File Reply by Michael Johnson. (Smith, Nathaniel)

April 3, 2018

Filing 83 RESPONSE in Opposition re #81 MOTION for Discovery filed by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Exhibit A) (Brown, Kimberly)

March 31, 2018

Filing 82 ORDER granting in part and denying in part #47 Lemonda's Motion to Dismiss for Failure to State a Claim; granting #48 City Defendants' Motion to Dismiss for Failure to State a Claim. For the reasons set forth in the attached memorandum and order, the defendants' motions to dismiss are granted in part and denied in part. Specifically, (1) the City Defendants' motion to dismiss all claims against Nigro, who is sued only in his official capacity, is GRANTED. As set forth above, because plaintiff has had the opportunity to plead a claim against Nigro in his individual capacity but has twice chosen not to do so, he is not granted leave to amend the complaint with respect to its claims against Nigro. (2) Lemonda's motion to dismiss plaintiff's NYSHRL and NYCHRL claims against him is DENIED. (3) The City Defendants' motion to dismiss plaintiff's Title VII claims arising prior to April 9, 2015 is GRANTED to the extent that plaintiff cannot recover under Title VII for discrete acts about which he became aware prior to that date. However, plaintiff may rely on events occurring prior to April 9, 2015 in (a) seeking to establish the causation element of his Title VII, NYSHRL, and NYCHRL retaliation claims and (b) seeking to establish his retaliatory hostile work environment claim, which the court concludes he has sufficiently pleaded. (4) The City Defendants' motion to dismiss plaintiff's section 1981 claim against them as non-state actors is GRANTED. (5) Lemonda's motion to dismiss plaintiff's section 1981 claim against him is DENIED. (6) The City Defendants' and Lemonda's motions to dismiss plaintiff's section 1983 First Amendment retaliation claim are granted. (7) The City Defendants' and Lemonda's motions to dismiss plaintiff's negligent and intentional infliction of emotional distress claims are GRANTED. (8) The City Defendants' and Lemonda's motions to dismiss plaintiff's claim are GRANTED, without prejudice to plaintiff's ability to seek a contempt finding in the Class Action. Plaintiff may re-plead his section 1981 claim against the City Defendants (with the exception of Nigro) as state actors pursuant to section 1983, alleging violation of plaintiff's rights protected by section 1981. Plaintiff may not re-plead any other dismissed claim. The parties are directed to confer and jointly advise the court as to how they intend to proceed no later than April 9, 2018. Ordered by Judge Kiyo A. Matsumoto on 3/31/2018. (Flores, Diego)

March 30, 2018

Filing 81 MOTION for Discovery by Michael Johnson. (Attachments: #1 Exhibit Wallace Affidavit, #2 Exhibit NY Post stories, #3 Exhibit Defendants' Discovery Responses) (Smith, Nathaniel)

March 28, 2018

Filing 80 NOTICE of Appearance by Kimberly Kirsten Brown on behalf of City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (aty to be noticed) (Brown, Kimberly)

March 28, 2018

ORDER granting #77 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Magistrate Judge Vera M. Scanlon on 3/28/2018. (Pearce, Jessica)

March 15, 2018

ORDER granting consent #79 Motion to Adjourn Conference. At the request of the parties, the 4/2/2018 Status Conference is rescheduled to 4/11/2018 at 11:30 AM in Courtroom 13A South 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 3/15/2018. (Quinlan, Krista)

March 14, 2018

Filing 79 Letter MOTION to Adjourn Conference by Jake Lamonda. (Greenberg, Seth)

February 5, 2018

ORDER granting #78 Motion for Discovery. City Defendants time to produce telephone records is extended to 2/9/18. Ordered by Magistrate Judge Vera M. Scanlon on 2/5/2018. (Pearce, Jessica)

February 1, 2018

Filing 78 MOTION for Discovery to Extend Time to Comply with Your Honor's 1/3/2018 Order and for a So-Ordered Subpeona by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Subpeona to be So-Ordered) (Pogula, Monica)

February 1, 2018

ORDER denying #74 #75 Objections to #72 Memorandum & Order Granting in Part Motion to Compel. On January 3, 2018, Magistrate Judge Scanlon issued a #72 Memorandum & Order (the "Order") granting in part plaintiff's motion to compel the production of certain phone records. In relevant part, the Order directed defendants to "produce the unredacted telephone records for Defendant Curneens personal cellular telephone and landline, Defendant Galas two employeeissuedcellular telephones, home landline, and office landline, Defendant Lamondas cellular telephone, and the Battalion 58, Engine 257 and/or Ladder 170 landlines," from the period of March 1, 2015 to May 31, 2015, or to provide releases for those records. (Order at 8.) Defendant City of New York (the "City") has filed an #75 objection and requested modification of the Order, and defendant James Lemonda ("Lemonda") has filed an #74 objection seeking reversal of the Order. With certain exceptions not relevant here, "a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court.... A judge of the court may reconsider any pretrial matter under this subparagraph [] where it has been shown that the magistrate judge's order is clearly erroneous or contrary to law." 28 U.S.C. 636 (b)(1)(A). Here, the parties have not shown that Magistrate Judge Scanlon's Order is clearly erroneous or contrary to the law. As such, Judge Scanlon's well reasoned and legally supported Order is affirmed in its entirety, without prejudice to the ability of defendants City or Lemonda to raise the existence of privilege or good cause to redact specific phone numbers as required by the Federal and Local Civil Rules. To the extent defendants wish to raise such issues, they shall provide a log with respect to specific phone numbers, and shall identify the numbers and the individual or entity using or subscribing to the number or numbers defendants propose to redact, and state the basis for asserting privilege and/or provide good cause for the redaction. Ordered by Judge Kiyo A. Matsumoto on 2/1/2018. (Flores, Diego)

January 31, 2018

Filing 77 MOTION for Leave to Electronically File Document under Seal by Michael Johnson. (Smith, Nathaniel)

January 31, 2018

Filing 76 RESPONSE to Motion re #74 Letter MOTION for Discovery Objecting to Pretrial Order for Production of Unredacted Personal Telephone Records, #75 Letter MOTION for Reconsideration re #72 Order on Motion to Compel,,,, Memorandum & Opinion,,, filed by Michael Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Smith, Nathaniel)

January 17, 2018

Filing 75 Letter MOTION for Reconsideration re #72 Order on Motion to Compel,,,, Memorandum & Opinion,,, by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Exhibit Exhibit A - Pages from Defendant Gala's investigation testimony, #2 Exhibit Exhibit A - Pages from Defendant Curneen's investigation testimony) (Pogula, Monica)

January 17, 2018

Filing 74 Letter MOTION for Discovery Objecting to Pretrial Order for Production of Unredacted Personal Telephone Records by Jake Lamonda. (Greenberg, Seth)

January 16, 2018

SCHEDULING ORDER: An in person Status Conference is set for 4/2/2018 at 10:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 1/16/2018. (Quinlan, Krista)

January 5, 2018

ORDER granting #69 Motion for Extension of Time to Complete Discovery. See docket #73. Ordered by Magistrate Judge Vera M. Scanlon on 1/5/2018. (Quinlan, Krista)

January 5, 2018

Filing 73 SCHEDULING ORDER: As discussed during the 1/5/2018 conference (see attached order for additional detail and deadlines), all discovery must be completed by 5/4/2018. On or before 5/4/2018, the Parties will file a joint status report letter confirming that discovery is complete. On or before 6/1/2018, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 7/6/2018, the Parties will file their joint Proposed Pretrial Order. Defendant has the telephone record for the personal records of the individuals. The records will be turned over by 1/22/2018 unless their is an appeal of the order. The other Verizon records (for the FDNY/Gala) have recently been subpoenaed. DCPI Gribbens email need not be searched for the reasons stated on the record. Defendant to produce the day books/company journal for 3/1/2015 to 5/31/2015. The Court discussed in detail the Plaintiff's request that counsel be permitted to inspect the Gala, Michael Curneen and Lamonda cell phones. That request is denied for the reasons discussed on the record. Plaintiff to request in writing texts/photographs of Gala, Curneen and Lamonda's personal telephone. Any request for Miltela's cell phone needs to be made by subpoena as he is not a party and his phone is a personal phone. If counsel would like to continue settlement discussions with Judge Pohorelsky, they will reach out to chambers. Counsel expect to litigate whether Commissioner Nigro's deposition should go forward. Counsel should not expect any extensions given the age of the case and the relevant events. Ordered by Magistrate Judge Vera M. Scanlon on 1/5/2018. (Quinlan, Krista)

January 5, 2018

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 1/5/2018 in Courtroom 13A South. Nathaniel Smith appearing for Plaintiff. Monica Pogula and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #3:13-4:34.) (Quinlan, Krista)

January 3, 2018

Filing 72 MEMORANDUM AND ORDER: For the reasons stated herein, this Court grants in part and denies in part Plaintiff's motion to compel. Defendants are ordered to produce the unredacted telephone records for Defendant Curneen's personal cellular telephone and landline, Defendant Gala's two employee-issued cellular telephones, home landline, and office landline, Defendant Lamonda's cellular telephone, and the Battalion 58, Engine 257 and/or Ladder 170 landlines from the period of March 1, 2015 to May 31, 2015 to Plaintiff within 30 days of this Memorandum & Order. In the alternative, Defendants can provide releases for these records within five days of the date of this Memorandum & Order. These records may be designated as confidential by Defendants, and, if so, Plaintiff must treat them as confidential material. Ordered by Magistrate Judge Vera M. Scanlon on 1/3/2018. (Pearce, Jessica)

January 3, 2018

ORDER granting #44 Motion for Protective Order. The materials in question are of a sensitive nature with regard to FDNY employment issues. Based on the very limited information provided to the Court by the parties, they appear to be the type of personnel matters that would usually remain confidential until the summary judgment or trial phase of a case, at which point the materials can be considered in the full context of the record and of the public interest in open court proceedings (as compared to open discovery) which may outweigh any confidentiality concerns. That said, were Plaintiff to offer more specific descriptions of materials that should be available for public review or a particular public interest in the investigation, or a full presentation of the factual record, there might be circumstances under which the confidentiality interests of Defendants would be overcome. At this time, Defendants have the better argument for continued confidentiality of the BIT file, as limited to the Court, Parties, Counsel, experts and administrative persons (such as court reporters) working on this case. Ordered by Magistrate Judge Vera M. Scanlon on 1/3/2018. (Pearce, Jessica)

January 2, 2018

Filing 71 Letter MOTION to Adjourn Conference by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Pogula, Monica)

January 2, 2018

ORDER granting #71 Motion to Adjourn Conference. An in-person Status Conference is set for 1/5/2018 at 03:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel for Defendant Lemonda may appear by telephone by calling into Chambers at (718) 613-2300. All others must appear in-person. Ordered by Magistrate Judge Vera M. Scanlon on 1/2/2018. (Pearce, Jessica) Modified on 1/3/2018 (Pearce, Jessica).

January 2, 2018

SCHEDULING ORDER: An in-person Status Conference set for 1/4/2018 at 11:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 1/2/18. (Pearce, Jessica)

December 29, 2017

Filing 70 Letter by Michael Johnson (Smith, Nathaniel)

December 26, 2017

Filing 69 MOTION for Extension of Time to Complete Discovery by Michael Johnson. (Smith, Nathaniel)

November 16, 2017

Filing 68 Minute Entry for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Telephone Conference held on 11/16/2017. In view of outstanding discovery disputes, a settlement conference is not feasible and will not be scheduled at this time. See annexed conference minutes for further details. (Pohorelsky, Viktor)

November 15, 2017

Filing 67 Letter MOTION to Adjourn Conference by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Pogula, Monica)

November 15, 2017

ORDER granting #67 Motion to Adjourn Conference: Telephone Conference set for 11/16/2017 at 3:00 PM before Magistrate Judge Viktor V. Pohorelsky. The telephone number for the court is changed to 347-721-5968. Ordered by Magistrate Judge Viktor V. Pohorelsky on 11/15/2017. (Pohorelsky, Viktor)

November 14, 2017

ORDER: In light of the 11/16/2017 telephone conference with Magistrate Judge Pohorelsky, the 12/5/2017 status conference before Magistrate Judge Scanlon is adjourned sine die. Ordered by Magistrate Judge Vera M. Scanlon on 11/14/2017. (Quinlan, Krista)

November 14, 2017

SCHEDULING ORDER: re #65 Letter filed by Michael Johnson. Telephone Conference set for 11/16/2017 at 1:00 PM before Magistrate Judge Viktor V. Pohorelsky to address the scheduling of a settlement conference. Counsel are directed cooperate in initiating the conference call and to telephone the court (718-804-2721) when all counsel are on the line. Ordered by Magistrate Judge Viktor V. Pohorelsky on 11/14/2017. (Pohorelsky, Viktor)

November 13, 2017

Filing 66 Letter requesting conference to discuss extending discovery deadline by Michael Johnson (Smith, Nathaniel)

November 1, 2017

Filing 65 Letter to Magistrate Judge Pohorelsky by Michael Johnson (Smith, Nathaniel)

October 27, 2017

Filing 64 Letter re Parties' Discovery Dispute (Joint Letter) by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Attachments: #1 Exhibit Plaintiff's Exhibit 1, #2 Exhibit Plaintiff's Exhibit 2) (Pogula, Monica) Modified on 1/3/2018 (Pearce, Jessica).

October 18, 2017

Filing 63 Minute Entry for proceedings held before Magistrate Judge Viktor V. Pohorelsky:Telephone Conference held on 10/6/2017. Counsel will jointly file a letter on or before November 1, 2017 advising whether and when a settlement conference should be convened. See annexed conference minutes for further details. (Pohorelsky, Viktor)

September 30, 2017

ORDER re #61 Letter filed by Michael Gala, Michael Curneen, Daniel A. Nigro, City of New York, #60 Letter filed by Michael Johnson: upon the application of the plaintiff and with the consent of the defendants the settlement conference scheduled for October 6 is adjourned without date. A telephone conference will be held instead on October 6, 2017 at 12:45 p.m. to discuss a new date for the conference. Counsel for the defendants shall initiate the conference call and call chambers at 718-804-2721 once all counsel are on the line. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/30/2017. (Pohorelsky, Viktor)

September 29, 2017

Filing 62 TRANSCRIPT of Proceedings held on July 21, 2017, before Judge SCANLON. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.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 10/20/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/28/2017. (Hong, Loan)

September 28, 2017

Filing 61 Letter to Magistrate Judge Pohorelsky re October 6, 2017 settlement conference by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Pogula, Monica)

September 28, 2017

ORDER re #60 Letter filed by Michael Johnson: any response to the plaintiff's letter regarding adjournment of the October 6 settlement conference is to be filed by the close of business on September 29, 2017. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/28/2017. (Pohorelsky, Viktor)

September 28, 2017

ORDER granting #58 Motion for Extension of Time to File Response/Reply as to #56 Letter from Plaintiff seeking an order compelling the production of documents. Defendant's motion for a 30 day extension is granted. Responses are now due by 10/27/2017. Ordered by Magistrate Judge Vera M. Scanlon on 9/28/2017. (Pearce, Jessica)

September 26, 2017

Filing 60 Letter to Magistrate Judge Pohorelsky re Settlement Conference by Michael Johnson (Smith, Nathaniel)

September 26, 2017

Filing 59 REPLY in Support filed by Michael Johnson. (Attachments: #1 Exhibit Phone Records) (Smith, Nathaniel)

September 26, 2017

Filing 58 Letter MOTION for Extension of Time to File Response/Reply as to #56 Letter from Plaintiff seeking an order compelling the production of documents by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Pogula, Monica)

September 25, 2017

Filing 57 NOTICE of Appearance by Monica M. Pogula on behalf of City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (aty to be noticed) (Pogula, Monica)

September 25, 2017

NOTICE: The settlement conference on October 6, 2017 will convene in Courtroom 2F North at 10:00 a.m. (Pohorelsky, Viktor)

September 18, 2017

Filing 56 Letter re Status on Phone Discovery by Michael Johnson (Smith, Nathaniel)

August 15, 2017

Filing 55 Minute Entry for proceedings held before Magistrate Judge Viktor V. Pohorelsky:Scheduling Conference held on 8/15/2017. Settlement conference set for October 6, 2017 at 10:00 a.m. See annexed calendar for further details. (Pohorelsky, Viktor)

July 28, 2017

SCHEDULING ORDER: As the parties have requested a settlement conference to be held in September before Magistrate Judge Pohorelsky, a telephone conference will be held on August 15, 2017 at 10:00 a.m. to discuss the scheduling of such a conference. Counsel for the plaintiff shall initiate the call and telephone chambers (718-804-2721) once all counsel are on the line. Ordered by Magistrate Judge Viktor V. Pohorelsky on 7/28/2017. (Pohorelsky, Viktor)

July 21, 2017

Filing 54 ORDER granting in part and denying in part #45 Motion for Extension of Time to File. SCHEDULING ORDER: As discussed during the 7/21/2017 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 12/5/2017 at 3:30 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Fact discovery closes on 12/29/2017. Expert disclosures to be served for moving experts on 11/29/2017. The parties request a settlement conference with Judge Pohorelsky for September if possible. By 9/15/2017, the parties are to submit a letter outlining the telephone records agreement or disagreement. Counsel will discuss a review of the Gala phone. Ordered by Magistrate Judge Vera M. Scanlon on 7/21/2017. (Quinlan, Krista)

July 21, 2017

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Motion Hearing held on 7/21/2017 re #45 MOTION for Extension of Time to File filed by Michael Johnson. John Lenoir, Peter Gleason and Nathaniel Smith appearing for Plaintiff. Heather Martone and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #11:38-12:32; 1:06-1:31.) (Quinlan, Krista)

July 19, 2017

Filing 53 TRANSCRIPT of Proceedings held on March 9, 2017, before Judge SCANLON. Court Reporter/Transcriber Fiore Reporting and Transcription Service, 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 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 8/9/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/17/2017. (Hong, Loan)

July 19, 2017

Filing 52 TRANSCRIPT of Proceedings held on February 22, 2017, before Judge SCANLON. Court Reporter/Transcriber Fiore Reporting and Transcription Service, 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 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 8/9/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/17/2017. (Hong, Loan)

July 19, 2017

Filing 51 TRANSCRIPT of Proceedings held on February 14, 2017, before Judge SCANLON. Court Reporter/Transcriber Fiore Reporting and Transcription Service, 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 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 8/9/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/17/2017. (Hong, Loan)

July 7, 2017

RE-SCHEDULING ORDER: Due to a conflict in the Court's schedule, the Status Conference originally scheduled for 7/18/2017 will be held on 7/21/2017 at 11:30 AM in Courtroom 504 North 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 7/7/2017. (Quinlan, Krista)

June 27, 2017

Filing 50 MEMORANDUM in Opposition to Defendants' Motion to Dismiss filed by Michael Johnson. (Smith, Nathaniel)

June 27, 2017

Filing 49 Letter accompanying summary judgment courtesy copies by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Martone, Heather)

June 26, 2017

Filing 48 Motion to Dismiss for Failure to State a Claim by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Declaration of Heather Martone in Support of Motion, #2 Exhibit A, #3 Memorandum in Support, #4 Declaration of Service, #5 Memorandum in Support Reply) (Martone, Heather)

June 26, 2017

Filing 47 Motion to Dismiss for Failure to State a Claim by Jake Lamonda. (Attachments: #1 Notice of Motion Notice of Motion to Dismiss the Amended Complaint, #2 Affidavit in Support Declaration of Seth H. Greenberg in Support of Defendant Lemonda's Motion to Dismiss the Amended Complaint, #3 Exhibit Greenberg Declaration Exhibit A, #4 Exhibit Greenberg Declaration Exhibits B-D, #5 Memorandum in Support Defendant Lemonda's Memorandum of Law in Support of his Motion to Dismiss the Amended Complaint, #6 Memorandum in Support Defendant Lemonda's Reply Memorandum of Law in Support of his Motion to Dismiss the Amended Complaint) (Greenberg, Seth)

June 12, 2017

Filing 46 RESPONSE in Opposition re #44 MOTION for Protective Order re: BIT File filed by Michael Johnson. (Smith, Nathaniel)

June 9, 2017

Filing 45 MOTION for Extension of Time to File e-discovery status by Michael Johnson (Smith, Nathaniel) Modified on 7/27/2017 to add motion. (Quinlan, Krista).

June 8, 2017

Filing 44 MOTION for Protective Order re: BIT File by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Martone, Heather)

June 6, 2017

ORDER granting #42 Motion for Extension of Time to Amend. The deadline to amend the pleadings is extended to 7/7/2017. Ordered by Magistrate Judge Vera M. Scanlon on 6/6/2017. (Miller, Hannah)

June 5, 2017

Filing 43 RESPONSE to Motion re #42 MOTION for Extension of Time to Amend filed by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Martone, Heather)

June 2, 2017

ORDER: Defendants are directed to inform the Court as to whether they oppose Plaintiff's motion at #42 by 6/7/2017. Ordered by Magistrate Judge Vera M. Scanlon on 6/2/2017. (Miller, Hannah)

May 31, 2017

Filing 42 MOTION for Extension of Time to Amend by Michael Johnson. (Smith, Nathaniel)

May 31, 2017

ORDER granting #41 Motion for Extension of Time to File. The deadline for the parties to submit an ESI discovery plan is extended to 6/8/2017. Ordered by Magistrate Judge Vera M. Scanlon on 5/31/2017. (Miller, Hannah)

May 24, 2017

Filing 41 MOTION for Extension of Time to File ESI Plan by Michael Johnson. (Smith, Nathaniel)

May 23, 2017

Filing 40 Letter re: BIT Production by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Martone, Heather)

May 22, 2017

Filing 39 ORDER granting #33 Motion for Protective Order. The Stipulation and Confidentiality Order at #33 is SO-ORDERED as modified in the attached document. Ordered by Magistrate Judge Vera M. Scanlon on 5/22/2017. (Miller, Hannah)

May 18, 2017

ORDER temporarily granting #34 Motion for Protective Order. Defendants were ordered to produce all non-privileged documents relating to the BIT file by 5/10/2017 at #32 . To the extent they have not already, Defendants are to immediately complete production of the entire BIT file and confirm production with the Court by 5/23/2017. The production will remain confidential while Plaintiff has a full and fair opportunity to review the complete file. The parties are to submit a joint letter to the Court as to whether they have come to an agreement with respect to the confidentiality of the BIT file by 6/8/2017. At that time, if Defendants continue to take the position that the official information and/or law enforcement privilege applies, they should provide additional authority. Defendants are expected to work diligently toward the complete and timely production of all other document discovery. In particular, Defendants should work diligently to produce the items identified on page 3 of #38 as soon as possible. Ordered by Magistrate Judge Vera M. Scanlon on 5/18/2017. (Miller, Hannah)

May 17, 2017

Filing 38 RESPONSE to Motion re #34 Letter MOTION for Protective Order for BIT File filed by Michael Johnson. (Smith, Nathaniel)

May 17, 2017

Filing 37 STATUS REPORT regarding document production schedule by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Martone, Heather)

May 17, 2017

Filing 36 REPLY in Support re #34 Letter MOTION for Protective Order for BIT File filed by Jake Lamonda. (Greenberg, Seth)

May 15, 2017

Filing 35 TRANSCRIPT of Proceedings held on May 3, 2017, before Judge Scanlon. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.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 6/5/2017. Redacted Transcript Deadline set for 6/15/2017. Release of Transcript Restriction set for 8/14/2017. (Hong, Loan)

May 10, 2017

Filing 34 Letter MOTION for Protective Order for BIT File by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Martone, Heather)

May 9, 2017

Filing 33 MOTION for Protective Order by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Appendix Clawback Agreement) (Martone, Heather)

May 4, 2017

Filing 31 Letter on consent requesting enlargement of time in briefing schedule by Jake Lamonda (Greenberg, Seth)

May 4, 2017

ORDER re #31 5/4/17 letter requesting extension of time: On consent of the parties, defendants' time to serve their motion to dismiss is extended to May 15, 2017; plaintiff shall serve his opposition by June 12, 2017; defendants shall serve their reply by June 26, 2017. The parties are reminded that in accordance with chambers' practice, the fully-briefed motion shall be filed on ECF on the date that the reply is due, and the parties shall serve chambers with two courtesy copies of the fully-briefed motion. Ordered by Judge Kiyo A. Matsumoto on 5/4/2017. (Newman, Alanna)

May 3, 2017

ORDER granting in part and denying in part #29 Motion for Discovery. See docket entry # 32. Ordered by Magistrate Judge Vera M. Scanlon on 5/3/17. (Quinlan, Krista)

May 3, 2017

Filing 32 SCHEDULING ORDER: As discussed during the 5/3/2017 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 7/18/2017 at 10:00 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. By 5/10/2017, Defendant is to produce the transcripts of the relevant BITT proceeding. For now, the documents are confidential as between the parties. By 5/10/2017, Defendant may submit a letter as to why the confidentiality would continue. By 5/17/2017, Plaintiff may oppose. Counsel are to develop on e-discovery plan with two tranches at least A) the individual Defendants B) other individuals. Counsel are to submit the plan by 5/24/2017. Counsel are to submit a proposed confidentiality order by 5/22/2017. Ordered by Magistrate Judge Vera M. Scanlon on 5/3/2017. (Quinlan, Krista)

May 3, 2017

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 5/3/2017 in Room 504 North. John Lenoir and Nathaniel Smith appearing for Plaintiff. Heather Martone and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #4:06-4:57.) (Quinlan, Krista)

March 22, 2017

SCHEDULING ORDER: A Status Conference is set for 5/3/2017 at 04:00 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon to discuss the issues raised in #29 and #30 . Ordered by Magistrate Judge Vera M. Scanlon on 3/22/2017. (Gersovitz, Ryan)

March 21, 2017

Filing 30 RESPONSE in Opposition re #29 Letter MOTION for Discovery filed by Michael Johnson. (Smith, Nathaniel)

March 20, 2017

Filing 29 Letter MOTION for Discovery by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Martone, Heather)

March 20, 2017

ORDER re #28 Letter confirming adherence to motion schedule by Jake Lamonda. Defendant Lamonda shall adhere to the briefing schedule ordered on 3/15/17. No pre-motion letter or conference is required. Ordered by Judge Kiyo A. Matsumoto on 3/20/2017. (Newman, Alanna)

March 17, 2017

Filing 28 Letter confirming adherence to motion schedule by Jake Lamonda (Greenberg, Seth)

March 15, 2017

ORDER re status report #27 : The court adopts the joint proposed briefing schedule for defendants' motion to dismiss. Defendants shall serve their motion by May 5, 2017; plaintiff shall serve his opposition by June 2, 2017, and defendants shall serve their reply, if any, by June 16, 2017. Counsel for defendant Lamonda is ordered to confirm by letter that he will adhere to the same motion schedule by no later than March 17, 2017. In accordance with chambers' practice, the parties shall file the fully-briefed motion on the date that the reply is due, and shall provide chambers with two courtesy copies of the fully-briefed motion. The court denies defendants' request to stay discovery in light of the discovery schedule set by Magistrate Judge Scanlon, and any requested relief from the schedule should be sought from Judge Scanlon. Ordered by Judge Kiyo A. Matsumoto on 3/15/2017. (Newman, Alanna)

March 13, 2017

Filing 27 STATUS REPORT by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Martone, Heather)

March 9, 2017

Filing 26 ORDER granting #25 Motion for Extension of Time to Answer as to Jake Lamonda. STATUS REPORT ORDER: As discussed during the 3/9/2017 conference (see attached order for additional detail and deadlines), Mr. Lamonda's counsel will accept service of the amended complaint by email. The request for additional Rule 26 material is denied as discussed. By 4/28/2017, the Parties are to file an e-discovery plan addressing inter alia this issues discussed during the conference (eg., tracking/trace information for accessing files at the FDNY). Counsel are reminded as to the discovery deadlines that are set at #20 . The request for expedited discovery is denied without prejudice. Ordered by Magistrate Judge Vera M. Scanlon on 3/9/2017. (Quinlan, Krista)

March 9, 2017

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 3/9/2017 in Room 504 North. Peter Gleason and Nathaniel Smith appearing with Plaintiff. Heather Martone and Seth Greenberg appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #11:10-12:13.) (Quinlan, Krista)

March 7, 2017

Filing 25 MOTION for Extension of Time to File Answer re #1 Complaint,, by Jake Lamonda. (Greenberg, Seth)

March 7, 2017

Filing 24 NOTICE of Appearance by Seth H. Greenberg on behalf of Jake Lamonda (aty to be noticed) (Greenberg, Seth)

March 1, 2017

Filing 23 AMENDED COMPLAINT against All Defendants, filed by Michael Johnson. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9) (Smith, Nathaniel)

February 22, 2017

Filing 22 SCHEDULING ORDER: As discussed during the 2/22/2017 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 3/9/2017 at 11:00 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Counsel should expect to discuss any discovery adjustments given the appearance anticipated by Mr. Lamonda, settlement process possibilities, and the briefing schedule per the 2/8/2017 Order. Ordered by Magistrate Judge Vera M. Scanlon on 2/22/2017. (Quinlan, Krista)

February 22, 2017

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 2/22/2017 in Room 504 North. John Lenoir and Nathaniel Smith appearing for Plaintiff. Heather Martone appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #10:36-10:38.) (Quinlan, Krista)

February 17, 2017

Filing 21 SUMMONS Returned Executed by Michael Johnson. Jake Lamonda served on 2/17/2017, answer due 3/10/2017. (Lenoir, John)

February 14, 2017

Filing 20 SCHEDULING ORDER: As discussed during the 2/14/2017 conference (see attached order for additional detail and deadlines), all discovery must be completed by 10/13/2017. On or before 10/20/2017, the Parties will file a joint status report letter confirming that discovery is complete. On or before 11/10/2017, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 12/15/2017, the Parties will file their joint Proposed Pretrial Order. A Telephone/Settlement Conference is set for 2/22/2017 at 10:30 AM 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. Proposed confidentiality order to be filed by 3/31/2017. Ordered by Magistrate Judge Vera M. Scanlon on 2/14/2017. (Quinlan, Krista)

February 14, 2017

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 2/14/2017 in Room 504 North. John Lenoir and Nathaniel Smith appearing for Plaintiff. Heather Martone appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #10:16-10:43.) (Quinlan, Krista)

February 9, 2017

Filing 19 Letter re: Scheduling Order by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro (Martone, Heather)

February 8, 2017

Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 2/8/2017. Appearances for plaintiff, Nathaniel Smith, Esq., John Lenoir, Esq.; for defendants, Heather Martone, Esq. Discussions held re proposed motion to dismiss. Defense counsel is ordered to provide plaintiff's counsel with the address information for service of defendant Jake Lamonda by no later than February 10, 2017 at noon and the time for plaintiff to serve defendant Lamonda is extended 30 days from today, by no later than March 10, 2017. Plaintiff shall file an amended complaint by no later than March 1, 2017. The parties shall file a joint status letter by March 13, 2017 informing the court how they intend to proceed, including a joint briefing schedule for any motion practice. The parties are encouraged to schedule a settlement conference with Magistrate Judge Scanlon, and are directed to notify this court within one business day if any resolution is reached. (Newman, Alanna)

February 4, 2017

Filing 18 RESPONSE in Opposition re #17 Letter MOTION for pre motion conference filed by Michael Johnson. (Smith, Nathaniel)

February 3, 2017

ORDER granting #17 Motion for Pre Motion Conference. A telephonic pre-motion conference will be held on February 8, 2017 at 11:30 a.m. Counsel for defendants shall initiate the call and dial into 718-613-2180 once all parties are on the line. Counsel for plaintiff is reminded of chambers' practice requiring parties to respond by letter to requests for pre-motion conferences within three business days. Ordered by Judge Kiyo A. Matsumoto on 2/3/2017. (Newman, Alanna)

January 30, 2017

Filing 17 Letter MOTION for pre motion conference by City of New York, Michael Curneen, Michael Gala, Daniel A. Nigro. (Attachments: #1 Appendix) (Martone, Heather)

January 10, 2017

Filing 16 SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 2/14/2017 at 10:00 AM before Magistrate Judge Scanlon in Courtroom 504 North. Plaintiff's counsel is directed to confirm with Defendants' counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 2/9/2017. Ordered by Magistrate Judge Vera M. Scanlon on 1/10/2017. (Quinlan, Krista)

January 9, 2017

ORDER granting #15 Motion for Extension of Time to Answer. Michael Curneen, Michael Gala, and Jake Lamonda must answer on or before 1/30/2017. Ordered by Magistrate Judge Vera M. Scanlon on 1/9/2017. (Gersovitz, Ryan)

January 6, 2017

Filing 15 First MOTION for Extension of Time to File Answer re #1 Complaint,, by Individual Defendants by City of New York, Daniel A. Nigro. (Martone, Heather)

December 27, 2016

ORDER granting in part and denying in part #12 Motion for Extension of Time to Answer. City Defendants must answer on or before 1/30/2017. Ordered by Magistrate Judge Vera M. Scanlon on 12/27/2016. (Gersovitz, Ryan)

December 22, 2016

Filing 14 SUMMONS Returned Executed by Michael Johnson. City of New York served on 12/8/2016, answer due 12/29/2016; Daniel A. Nigro served on 12/8/2016, answer due 12/29/2016. (Lenoir, John)

December 21, 2016

Filing 13 NOTICE of Appearance by Heather Marie Martone on behalf of City of New York, Daniel A. Nigro (notification declined or already on case) (Martone, Heather)

December 21, 2016

Filing 12 First MOTION for Extension of Time to File Answer re #1 Complaint,, by City of New York, Daniel A. Nigro. (Martone, Heather)

December 20, 2016

Filing 11 SUMMONS Returned Executed by Michael Johnson. Michael Curneen served on 12/20/2016, answer due 1/10/2017; Michael Gala served on 12/20/2016, answer due 1/10/2017; Jake Lamonda served on 12/20/2016, answer due 1/10/2017. (Smith, Nathaniel)

December 8, 2016

Filing 10 Summons Issued as to City of New York, Michael Curneen, Michael Gala, John Doe or Jane Doe, Jake Lamonda, Daniel A. Nigro re #9 . (Layne, Monique)

December 7, 2016

Filing 9 Proposed Summons. by Michael Johnson (Smith, Nathaniel)

December 7, 2016

Filing 8 Proposed Summons. by Michael Johnson (Smith, Nathaniel)

November 22, 2016

Filing 7 Notice of Related Case (Davis, Kimberly)

November 22, 2016

Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)

November 22, 2016

Filing 5 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. (Davis, Kimberly)

November 22, 2016

Filing 4 Civil Cover Sheet.. by Michael Johnson (Smith, Nathaniel)

November 22, 2016

Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Vera M. Scanlon. 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. (Davis, Kimberly)

November 21, 2016

NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet (missing second page). Counsel is directed to forward a completed Civil Cover Sheet, answering all questions in NY-E Division of Business Rule 50.1(d)(2) section on the second page. This document can be found under the event Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla)

November 19, 2016

Filing 3 NOTICE of Appearance by Peter Joseph Gleason on behalf of Michael Johnson (aty to be noticed) (Gleason, Peter) Modified on 11/21/2016 (Bowens, Priscilla).

November 18, 2016

Filing 2 NOTICE of Appearance by John David Lenoir on behalf of Michael Johnson (aty to be noticed) (Lenoir, John) Modified on 11/21/2016 (Bowens, Priscilla).

November 18, 2016

Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-9079328 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Michael Johnson. (Attachments: #1 Exhibit NY Post, #2 Exhibit Daily Mail, #3 Exhibit Frontpage, #4 Exhibit Scallwag, #5 Exhibit Breitbart, #6 Exhibit Defund, #7 Exhibit Citizen Action, #8 Exhibit Moonbattery, #9 Saboteur) (Smith, Nathaniel) (Additional attachment(s) added on 11/21/2016: #10 Proposed Summons) (Bowens, Priscilla).

Search for this case: Johnson v. City of New York
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Plaintiff: Johnson
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Plaintiff: Michael Johnson
Represented By:	John David Lenoir
Represented By:	Peter Joseph Gleason
Represented By:	Nathaniel B. Smith
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Defendant: City of New York
Represented By:	Heather Marie Martone
Represented By:	Jessica Giambrone
Represented By:	Kimberly Kirsten Brown
Represented By:	Monica M. Pogula
Represented By:	William A Grey
Represented By:	Maria Fernanda DeCastro
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Defendant: Daniel A. Nigro
Represented By:	Heather Marie Martone
Represented By:	Monica M. Pogula
Represented By:	Kimberly Kirsten Brown
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Defendant: Michael Gala
Represented By:	Heather Marie Martone
Represented By:	Jessica Giambrone
Represented By:	Kimberly Kirsten Brown
Represented By:	Monica M. Pogula
Represented By:	William A Grey
Represented By:	Maria Fernanda DeCastro
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Defendant: Michael Curneen
Represented By:	Heather Marie Martone
Represented By:	Jessica Giambrone
Represented By:	Kimberly Kirsten Brown
Represented By:	Monica M. Pogula
Represented By:	William A Grey
Represented By:	Maria Fernanda DeCastro
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Defendant: Jake Lamonda
Represented By:	Seth H. Greenberg
Represented By:	Sandy Jainauth-Barone
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Defendant: John Doe or Jane Doe
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Defendant: Paul Mannix
Represented By:	Keith M. Sullivan
Represented By:	Steven Raiser
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Defendant: Joseph Kearney
Represented By:	Keith M. Sullivan
Represented By:	Steven Raiser
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Defendant: James McCarthy
Represented By:	Steven Charles Berlowitz
Represented By:	Steven Michael Rabinowitz
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Not classified by court: Hon. Joseph Kevin McKay
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Interested party: Susan Edelman
Represented By:	Robert D. Balin
Represented By:	Eric Joel Feder
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