Davis et al v. The City of New York et al
| Kelton Davis, William Turner, Altagracia Hernandez, Edwin Larregui, Roman Jackson, Kristin Johnson, Eleanor Britt, Anthony Anderson, Lashaun Smith, Shawne Jones, Hector Suarez, Adam Cooper, Andrew Washington, P.L., David Wilson and Geneva Wilson |
| The City of New York and New York City Housing Authority |
| 1:2010cv00699 |
| January 28, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Shira A. Scheindlin |
| Housing/Accommodations |
| 42 U.S.C. ยง 1983 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
656
ORDER Accordingly, by November 6, 2023, the parties shall submit a revised stipulation of settlement. SO ORDERED. (Signed by Judge Analisa Torres on 10/31/2023) (jca)
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Filing
637
ORDER: Accordingly, Plaintiffs' request that the Court modify the Remedial Order to appoint a CCB is DENIED. For the foregoing reasons, Plaintiffs' motion to modify the Remedial Order, ECF Nos. 840, 891, is DENIED. Plaintiffs' request that the Court hold Plaintiffs' motion in abeyance, ECF No. 891, is DENIED as moot. SO ORDERED. (Signed by Judge Analisa Torres on 3/28/2023) (ks)
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Filing
625
ORDER re: 615 Letter, filed by Mylan L. Denerstein. Accordingly, the "Community Engagement Liaison Framework," Floyd, No. 08 Civ. 1034, ECF No. 888-1, is ADOPTED, and the Community Liaison is directed to undertake the role and carry out the functions set forth therein. SO ORDERED. (Signed by Judge Analisa Torres on 12/16/2022) (kv)
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Filing
582
ORDER granting 556 Motion to Seal. Accordingly, the Motion to Seal is GRANTED. The Motion to Compel is DENIED. The Clerk of Court is directed to terminate the motions at ECF Nos. 819 and 824. SO ORDERED. (Signed by Judge Analisa Torres on 7/30/2021) (kv)
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Filing
528
ORDER: For the foregoing reasons, Plaintiffs' requests for an order (1) declaring that the NYPD's enforcement of COVID-19 rules violates the Court's prior orders, (2) directing the Monitor to investigate COVID-19 and curfew enforceme nt involving police conduct outside the scope of this litigation, (3) enjoining the NYPD from enforcing COVID-19 rules, and (4) compelling discovery are DENIED. See No. 08 Civ. 1034, ECF No. 759; No. 10 Civ. 699, ECF No. 502. The Clerk of Court is directed to terminate the motion at ECF No. 430 in case number 12 Civ. 2274. SO ORDERED. (Signed by Judge Analisa Torres on 7/8/2020) (mml)
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Filing
518
ORDER granting 516 Letter Motion to Seal. GRANTED. The redacted information is protected by N.Y. CPL 160.50, and sealing is justified to "lessen the adverse consequences of unsuccessful...criminal prosecutions". Berry v. Newton, 06 Civ. 4086, 2008 WL 2876553 at 3* (S.D.N.Y. July 9 2008). (Signed by Judge Analisa Torres on 6/10/2020) (cf) Modified on 6/10/2020 (cf).
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Filing
498
ORDER: The Agreement by and between Peter Zimroth (Monitor) and New York City (City) approved by the Court on February 6, 2015, Floyd v. City of New York, Document 478, is amended by adding the following subparagraphs to subparagraph 2.3: 2.3.24 Rob Voigt, $200 per hour 2.3.25 Nick Camp, $200 per hour. This amended Agreement is effective as of the date signed below and, unless sooner terminated, shall terminate upon the termination by the Court of the Monitor's duties. (Signed by Judge Analisa Torres on 5/5/2020) (cf)
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Filing
340
MEMORANDUM OPINION AND ORDER: This short Memorandum Opinion and Order accompanies the Final Order of Approval of Settlement and Dismissal with Prejudice filed together with this Order. I write solely to note that I am ordering the transfer of this c ase to Judge Analisa Torres - at the request of all parties - because this case is undoubtedly related to two other cases now pending before her - Floyd v. City of New York, and Ligon v. City of New York. (See Order.) (Signed by Judge Shira A. Scheindlin on 4/28/2015) (ajs)
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Filing
289
OPINION AND ORDER: re: 271 MOTION to Certify Class. For the foregoing reasons, the Stopped Class and Resident Class are certified under Rule 23(b)(2). (Signed by Judge Shira A. Scheindlin on 8/29/2013) (js)
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Filing
275
OPINION & ORDER: On March 28, 2013, this Court issued the second part of its ruling on the parties' motions for summary judgment. The March 28 Opinion noted that plaintiffs had offered [a] sample of decline to prosecute forms [DP forms] from var ious District Attorneys offices in support of "the conclusion that the City has a persistent and widespread practice of performing unconstitutional trespass stops and arrests in NYCHA buildings." Defendant the City of New 2 York argued in a reply brief that the DP forms are inadmissible hearsay. I invited further briefing, which has now been submitted. In Ligon v. City of New York, another case related to the NYPDs stop and frisk practices, I allowed the admission of DP forms describin g stops outside TAP buildings as evidence of the NYPDs stop practices. Unlike in this case, however, the City had conceded the admissibility of the records for that limited purpose. I have already ruled in this case that DP forms are admissible for t he purpose of showing notice to the City of allegedly unconstitutional practices. Atissue now is plaintiffs request to use the DP forms as evidence in support of their class certification motion. For the reasons set forth below, the DP forms are admi ssible subject to the limitations described below. For the foregoing reasons, the DP forms are admissible as evidence of the NYPDs trespass enforcement practices in and around NYCHA buildings. Pursuant to the Citys request, plaintiffs are ordered to identify the specific DP forms summarized in plaintiffs submission. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 5/24/2013) (rsh)
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Filing
268
OPINION & ORDER re: 226 MOTION for Summary Judgment on Plaintiffs' Claims Against the City filed by The City of New York, 240 MOTION for Partial Summary Judgment filed by Rikia Evans, Vaughn Frederick, Patrick Littlejohn, Lashaun Smit h, Raymond Osorio, Shawne Jones, Andrew Washington, Eleanor Britt, Roman Jackson, Hector Suarez, Kristin Johnson. ORDER on Motion to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255).The City's, NYCHAs, and plaintiffs motions for summary ju dgmentare granted in part and denied in part: (1) The City's and plaintiffs' motions for summary judgment on plaintiffs' Fourth Amendment claims are denied, leaving the remaining arrested plaintiffs with viable claims. (2) The City 9;s motion for summary judgment on the remaining arrested plaintiffs' Fourteenth Amendment equal protection claims is denied. (3) The City's motion for summary judgment on resident plaintiffs' Fourteenth Amendment equal protection, Tit le VI, section 1981, and FHA claims is denied, leaving Evans and Littlejohn with viable claims. (4) The City's motion for summary judgment on plaintiffs' remaining NYSC claims is granted. (5) NYCHA's motion for summary judgment on plai ntiffs' remaining race discrimination claims is granted. (6) NYCHA's motion for summary judgment on plaintiffs' USHA claim is denied, leaving all remaining resident plaintiffs (Britt, Evans, Littlejohn, Jones, and Suarez) with viable claims. The Clerk of the Court is directed to close these motions [Docket Nos. 226, 240]. A conference is scheduled for April 5, 2013 at 4:30p.m. (Signed by Judge Shira A. Scheindlin on 3/28/2013) (tro)
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Filing
257
OPINION AND ORDER: NYCHA has not established at this stage of briefing that it is entitled to summary judgment on Jones's and Suarez's section 1981 claims. NYCHA's motion for summary judgment on these claims will be addressed again at the second round of summary judgment briefing. The Clerk of the Court has already closed this motion [Docket No. 183]. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 1/14/2013) (ama)
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Filing
212
AMENDED OPINION AND ORDER: Defendants' motions for summary judgment are granted in part and denied in part. The Clerk of the Court is directed to close these motions [Docket Nos. 173, 183]. (Signed by Judge Shira A. Scheindlin on 10/9/2012) (ago)
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Filing
210
OPINION AND ORDER re: 173 MOTION for Summary Judgment. filed by The City of New York, 183 FIRST MOTION for Summary Judgment. filed by New York City Housing Authority. Defendants' motions for summary judgment are granted in part and denied in part. The Clerk of the Court is directed to close these motions [Docket Nos. 173, 183]. (Signed by Judge Shira A. Scheindlin on 10/4/2012) (djc)
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Filing
191
MEMORANDUM OPINION AND ORDER. Accordingly, on reconsideration, plaintiffs' motion to compel production of documents 17, 21, 51 and 54 is denied. (Signed by Magistrate Judge Henry B. Pitman on 6/26/2012) Copies Sent By Chambers. (rjm)
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Filing
172
MEMORANDUM OPINION AND ORDER: Because the Reports should have been produced long ago, because the City has been less than forthright with the Court about the content of these Reports and the role of ICOs, and because a deposition of an ICO is likely to lead to the discovery of admissible evidence, plaintiffs' request is granted. Defendants shall make available for deposition an ICO from one of the Police Service Areas that arrested one of the named plaintiffs; the deposition shall be limite d to sevenhours, not the one hour that the City suggests; and, given expert report deadlines it shall take place by June 22. The deposition shall not be limited to the topics in the Reports all of the ICOs' duties are appropriate subjects of investigation. The deadlines for the production of expert reports and the submission of summary judgment briefs will not be extended as a result of this Order. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 6/13/2012) (ama)
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Filing
171
OPINION AND ORDER # 101867 : The City's and the plaintiffs' motions for reconsideration are denied in their entirety. (Signed by Magistrate Judge Henry B. Pitman on 6/4/2012) Copies Transmitted(js) Modified on 6/5/2012 (ft).
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Filing
153
MEMORANDUM AND OPINION re: 119 MOTION to Compel Production of Documents filed by Edwin Larregui, Patrick Littlejohn, R.E., Anthony Anderson, Shawne Jones, Andrew Washington, Adam Cooper, Roman Jackson, Vaughn Frederick, William Turner, Lashaun Smit h, Raymond Osorio, David Wilson, Eleanor Britt, Kelton Davis, Geneva Wilson, Kristin Johnson, Hector Suarez. Plaintiffs' motion to compel is granted to the extent that it seeks an Order directing the City to produce Documents 16, 17, 21, 23, 26, 51, 53, 54, 61, 62, 68, 69, 73, 74, 97, 98, 99, 100{ 101, 102, 103, 104, 122, 123, 124, and 125. In all other respects, plaintiffs' motion to compel is denied. (Signed by Magistrate Judge Henry B. Pitman on 2/27/2012) (jar)
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Filing
116
OPINION AND ORDER:#100922 For the reasons stated above, the Settling Plaintiffs are awarded $56,360.25 in attorneys' fees ($32,215.25 in litigation fees and $24,145.00 in fees related to the fee application) and zero costs. The Clerk of the Court is directed to close the motion for attorneys' fees (Docket Entry # 80). (Signed by Judge Shira A. Scheindlin on 10/17/2011) (js) Modified on 10/18/2011 (jab).
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Filing
78
OPINION AND ORDER re: 31 FIRST MOTION for Summary Judgment on plaintiff's claims for injunctive relief, filed by The City of New York. For the reasons set forth herein, Defendants' motion for summary judgment is denied in its ent irety. The Clerk of the Court is directed to close this motion [Docket No. 31]. A conference is scheduled for August 9, 2011 at 5:00 PM. (Status Conference set for 8/9/2011 at 05:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 7/5/2011) (ab)
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Filing
67
OPINION AND ORDER, that in accordance with the Court's instructions set forth in this Order, the City is ordered to review its assertions of privilege; revise and resubmit its privilege logs by May 20, 2011; and release the requested documents that are not covered by the deliberative process privilege, or any other privilege, in view of the Court's rulings, whether in their entirety or in redacted form as appropriate. (Signed by Judge Shira A. Scheindlin on 5/4/11) (pl)
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