Raymond et al v. The City of New York et al
| Edreweene Raymond, Adhyl Polanco, Pedro Serrano, Sandy Gonzalez, Ritchie Baez, Julio Diaz, Felicia Whitely, Roman Goris, Derick Waller, Kareem Abdullah, Olayokun Olagoke and Widmarc Pierre |
| New York City Police Department, City of New York, Mayor of the City of New York Bill deBlasio, Police Commissioner William J. Bratton, NYPD Chief of Department James P. O'Neill and NYPD Commanding Officer of Patrol Services Carlos M Gomez |
| 1:2015cv06885 |
| August 31, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Laura Taylor Swain |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
380
ORDER. On February 12, 2024, the Court ordered that, "[b]y February 26, 2024, the parties shall meet and confer and file a joint letter (i) presenting any open discovery issues, and (ii) setting forth their position(s) as to whether a settle ment conference would be productive, i.e., whether the parties' settlement positions have materially changed since the last settlement conference on August 15, 2022 such that the parties believe the Court's assistance maybe helpful in ac hieving a settlement." (ECF No. 376). The parties did not file a joint letter by the deadline and therefore did not comply with the Court's Order. As a one-time courtesy, the Court sua sponte extends to February 27, 2024 the parties' deadline to do so. The parties are warned that any continued failure to comply with the Court's Orders-including this Order-may result in sanctions. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 2/27/24) (yv)
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Filing
376
ORDER, The Court orders as follows: 1. In the event that Mr. Suhovsky no longer represents Defendants in this case, by February 16, 2024, he shall file a motion to withdraw his appearance. 2. In the event that Mr. Bonaparte now represents Defendant s in this case, by February 16, 2024, he shall file a notice of appearance. 3. By February 26, 2024, the parties shall meet and confer and file a joint letter (i) presenting any open discovery issues, and (ii) setting forth their position(s) as to whether a settlement conference would be productive, i.e., whether the parties settlement positions have materially changed since the last settlement conference on August 15, 2022 such that the parties believe the Court's assistance maybe helpful in achieving a settlement. 4. By February 13, 2024, Mr. Scola shall email this Order to Mr. Suhovsky and Mr. Bonaparte. SO ORDERED. ( Motions due by 2/16/2024.) (Signed by Magistrate Judge Sarah L. Cave on 2/12/24) (yv)
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Filing
375
ORDER, Due to a scheduling conflict, the telephone conference scheduled for Monday, February 12, 2024 at 2:00 p.m. is RESCHEDULED to Monday, February 12, 2024 at 10:00 a.m. on the Courts conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 2/12/2024 at 10:00 AM before Magistrate Judge Sarah L. Cave.) (Signed by Magistrate Judge Sarah L. Cave on 1/12/24) (yv)
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Filing
372
ORDER: A telephone conference is scheduled for Thursday, January 18, 2024 at 11:00 a.m. on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. At the conference, the parties shall be prepared to discuss their willingness and availability for a settlement conference with the Court. By January 12, 2024, Plaintiffs shall make a settlement demand (or reaffirm any prior demand) to Defendants. ( Telephone Conference set for 1/18/2024 at 11:00 AM before Magistrate Judge Sarah L. Cave.) (Signed by Magistrate Judge Sarah L. Cave on 1/3/2024) (ate)
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Filing
370
MEMORANDUM ORDER: For the foregoing reasons, Defendants' objections to Judge Cave's October 21 Order are overruled and Judge Cave's Order will stand. The Court adopts the October 21 Order in its entirety. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/26/2023) (vfr)
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Filing
358
ORDER: Pursuant to the oral argument held today, November 14, 2022 (the "Oral Argument"), the Court orders as follows: 1. By Thursday, November 17, 2022, Plaintiffs shall advise Defendants how they intend to proceed regarding Plaintiff Serr ano's claims under the New York State and New York City Human Rights Laws based on alleged First Amendment retaliation. 2. By Monday, November 21, 2022, Defendants shall file a letter advising the Court whether they are amenable to stipulating t o Plaintiffs' proposed third amended complaint (ECF No. 436-1), and re-opening limited discovery as the Court outlined during the Oral Argument. 3. The parties shall order a transcript of the Oral Argument and file it on the docket. The parties shall complete the annexed transcript request form and submit one request to: etranscripts@nysd.uscourts.gov, by Tuesday, November 15, 2022. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/14/2022) (ama)
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Filing
357
ORDER. By 5:00 p.m., Wednesday, November 9, 2022, Plaintiffs shall file a redlined copy of the proposed Third Amended Complaint, reflecting proposed changes as compared to the Second Amended Complaint. (ECF No. 87). SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/9/22) (yv)
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Filing
355
ORDER, The Court will hold Oral Argument regarding the pending motion to amend (ECF No. 346) on Monday, November 14, 2022 at 11:00 am in Courtroom 18A, 500 Pearl Street, New York, New York. The Court will allocate 45 minutes to Oral Argument. SO ORDERED. ( Oral Argument set for 11/14/2022 at 11:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 11/4/22) (yv)
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Filing
351
ORDER denying without prejudice 348 Letter Motion for Discovery. Plaintiffs' letter-motion seeking to brief the Court on both the amendment and preclusion issues (ECF No. 348) is DENIED WITHOUT PREJUDICE. Any outstanding discovery or sanctions issues shall be addressed following resolution of Plaintiffs' motion for leave to amend (ECF No. 346). The Clerk of Court is respectfully directed to close ECF No. 348. (Signed by Magistrate Judge Sarah L Cave on 10/24/2022) (ate)
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Filing
347
OPINION AND ORDER: re: 334 LETTER MOTION to Reopen re: 178 Memorandum & Opinion Concerning Adverse Inference. addressed to Judge Laura Taylor Swain from Yuval Rubinstein dated September 14, 2022. filed by Police Commissioner William J. B ratton, Christopher McCormack, City of New York. For the reasons set forth above, Defendants' Motion is DENIED. The Clerk of the Court is respectfully directed to close ECF Nos. 334 and 337. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/21/2022) (ama)
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Filing
345
ORDER terminating 337 Letter Motion to Stay re: 337 FIRST LETTER MOTION to Stay Decision on Adverse Infernce addressed to Judge Laura Taylor Swain from John Scola dated 9-21-22. Pursuant to the telephonic conference held today, October 11, 2022 (the "Conference"), the Court orders as follows: The Court reserves judgment on Defendants' letter-motion seeking preclusion of an adverse inference at trial relating to the spoliation of memo books. (See ECF No. 3 34 (the "Adverse Inference Letter-Motion")). The Court will issue a written order addressing the Adverse Inference Letter-Motion in due course. 2.Plaintiffs' letter-motion seeking leave to file a motion to amend the complaint, (see ECF No. 338 (the "Letter-Motion to Amend")), is GRANTED IN PART and DENIED IN PART. To the extent Plaintiffs seek sanctions against Defendants, the letter-motion is DENIED WITHOUT PREJUDICE. By Friday, October 21, 2022, Plaintiffs shall file a letter-motion seeking leave to amend, attaching their proposed third amended complaint. By Friday, October 28, 2022, Defendants shall file their response. By Friday, November 4, 2022, Plaintiffs shall file their reply. 3.The parties shall order a transcript of the Conference and file it on the docket. The parties shall complete the annexed transcript request form and submit one request to: etranscripts@nysd.uscourts.gov, by Friday, October 14, 2022. 4.The Clerk of Court is respectfully directed to close ECF No. 337. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/11/22) (yv)
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Filing
340
ORDER denying without prejudice to renewal 331 Motion in Limine. In light of the parties' ongoing dispute over, inter alia, whether Plaintiffs should be granted leave to amend their complaint, and whether certain discovery-related orders and sanctions should be imposed, the Court adjourns its pretrial submission deadlines and the Final Pretrial Conference date pending resolution of the aforementioned disputes by Magistrate Judge Sarah L. Cave. The pending motion in limine at docket entry no. 331 is dismissed without prejudice to renewal. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/29/2022) (vfr)
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Filing
323
MEMORANDUM ORDER granting in part and denying in part 272 Motion to Strike the September 1, 2020 Report of Edward Carrasco filed by Police Commissioner William J. Bratton, Constantin Tsachas, NYPD Chief of Department James P. O'Nei ll, Christopher McCormack, City of New York from the record. Defendants' motion to strike the expert report of Edward Carrasco, Esq. (docket entry no. 272) is granted in part and denied in part, as set forth above. This Memorandum Order resolves docket entry no. 272. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/7/2022) (vfr)
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Filing
321
ORDER: In light of the pending motion, the final pretrial conference scheduled for July 8, 2022, is rescheduled to October 14, 2022, at 11:00 a.m. in Courtroom 17C. SO ORDERED. ( Final Pretrial Conference set for 10/14/2022 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 6/23/2022) (vfr)
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Filing
320
ORDER: In light of the pending motion, the pretrial conference scheduled for April 8, 2022, is rescheduled to July 8, 2022, at 10:30 a.m. in Courtroom 17C. SO ORDERED. ( Final Pretrial Conference set for 7/8/2022 at 10:30 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 3/22/2022) (vfr)
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Filing
318
ORDER: The Court has received and reviewed Plaintiffs' submissions in opposition to Defendants' pending motion for summary judgment (docket entry no. 275). It appears that the declaration of John Scola (docket entry no. 304) contains those portions of the record cited in Plaintiffs' Statement pursuant to Local Civil Rule 56.1 (docket entry no. 298), but does not contain many of those portions of the record cited in Plaintiffs' opposition brief (docket entry no. 300) and supplemental opposition brief (docket entry no. 306). The Court therefore directs Plaintiffs to supplement the record with a further declaration, attaching only those portions of the record cited to in Plaintiffs' opposition brief and supplemental opposition brief, no later than February 11, 2022. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/8/2022) (vfr)
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Filing
317
ORDER denying without prejudice 314 Letter Motion to Seal. Application denied, without prejudice to re-filing upon a showing as to what new third party information would be revealed by the public filing of Exhibit CM given the already public f iling of docket entry no. 304-64. By January 12, 2022 to the extent they wish to do so, defendants shall file a renewed letter-motion with a showing as to why Exhibit CM should remain under seal notwithstanding the public filing of docket entry n o. 304-64. If defendants do not file any such letter by January 12, 2022, the Court will remove the current access restrictions on Exhibit CM (docket entry no. 315). DE #314 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 1/5/2022) (tg)
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Filing
316
ORDER: In light of the pending motion, the pretrial conference scheduled for January 7, 2022, is rescheduled to April 8, 2022, at 11:00 a.m. in Courtroom 17C. SO ORDERED., ( Final Pretrial Conference set for 4/8/2022 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 1/03/2022) (ama)
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Filing
310
ORDER: In light of the pending motion, the pretrial conference scheduled for October 22, 2021, is rescheduled to January 7, 2022, at 11:00 a.m. in Courtroom 17C. SO ORDERED., ( Final Pretrial Conference set for 1/7/2022 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 10/04/2021) (ama)
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Filing
303
ORDER denying without prejudice 297 Letter Motion to Seal. Application denied without prejudice to renewal in compliance with the Southern District of New York's Electronic Case Filing Rules & Instructions, section 6, which requires that the party requesting that materials be filed under seal file, among other things, "the proposed sealed document[s] under seal using a restricted Viewing Level in ECF, and electronically relate it to the motion." Any such renewed moti on by plaintiffs must also include a showing as to why the documents sought to be sealed either are not judicial documents or, if they are, meet the standard for sealing set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006 ) and its progeny. The parties designation of such documents as confidential pursuant to a stipulated protective order does not alone suffice to meet that standard. See, e.g., Collado v. City of New York, 193 F. Supp. 3d 286, 28990 (S.D.N.Y. 2 016) ("[T]hat a document was produced in discovery pursuant to a protective order has no bearing on the presumption of access that attaches when it becomes a judicial document."). DE#297 resolved. So Ordered. (Signed by Judge Laura Taylor Swain on 9/16/2021) (js)
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Filing
284
ORDER granting 279 Letter Motion to Stay re: 279 LETTER MOTION to Stay re: 275 MOTION for Summary Judgment . addressed to Judge Laura Taylor Swain from Yuval Rubinstein dated May 17, 2021. Application granted. The October 22, 2021, final pretrial conference date shall be kept on the calendar as a control date, and the related deadlines set forth in the Court's pretrial scheduling order dated March 16, 2021 (docket entiy no. 269), are adjourned sine die, pending the Court's resolution of Defendants' motion for summary judgment DE#279 resolved. So Ordered. (Signed by Judge Laura Taylor Swain on 5/18/2021) (js)
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Filing
266
ORDER denying 256 Letter Motion to Compel. The Court has conducted this review, and for the reasons that follow, the Motion to Compel is DENIED. The Court finds from its review that the Complaint does not involve allegations against Tsachas of discrimination based on race or Hispanic national origin, and therefore falls outside the Court's prior orders. Accordingly, the Motion to Compel is denied. The parties are directed to submit a status letter to the Court on Monday, March 1, 2021. The Clerk of Court is respectfully directed to close ECF No. 256. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/11/21) (yv)
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Filing
265
ORDER granting 243 Letter Motion to Seal; terminating 244 Letter Motion for Leave to File Document; granting 246 Letter Motion to Seal; granting 248 Letter Motion to Seal; terminating 251 Letter Motion for Oral Argument. Pursuant to the discovery conference held today, February 5, 2021, the Court orders as follows:Except as noted further at (4) below, Fact Discovery is REOPENED for the limited purpose of permitting Plaintiffs to: (i) re-depose Defendant Constantin Tsachas; and (ii) depose Chief Joseph Fox (ret.) (together, "Final Depositions").a. The Final Depositions are limited in time to one-half day (3.5 hours) each, and limited in subject matter to the investigation for which audio recordings and additional docum ents were produced to Plaintiffs on November 16, 2020. (See ECF No. 244 at 1). b. Prior to the Final Depositions, the parties shall meet and confer regarding permissible exhibits to be used at the Final Depositions.The parties' Motions to Seal a re GRANTED as follows: a. Plaintiffs' Letter-Motion to Seal (ECF No. 243) is GRANTED, and accordingly Plaintiffs' Motion for Sanctions (ECF No. 244) shall remain visible only to the case participants.b. Defendants' Letter-Motion to Sea l (ECF No. 246) is GRANTED, and accordingly Defendants' Letter Response in Opposition to Plaintiffs' Motion for Sanctions (ECF No. 247) shall remain visible only to the case participants.c. Plaintiffs' Letter-Motion to Seal (ECF No. 24 8) is GRANTED, and accordingly Plaintiffs' Letter Reply in Support of Plaintiffs' Motion for Sanctions (ECF No. 249) shall remain visible only to the case participants. By Wednesday, February 10, 2021 at 5:00 pm, counsel for Defendants shal l email to the Court (at Cave_NYSDChambers@nysd.uscourts.gov) a password-protected folder containing the complaint concerning the disciplinary investigations referenced in Plaintiffs' Motion to Compel ("Defendants' Ex Parte Submis sion"). (See ECF No. 256). The Court defers ruling on Plaintiffs' Motion to Compel until after reviewing Defendants' Ex Parte Submission.The Clerk of Court is respectfully directed to close ECF Nos. 24344, 246, 248, and 251. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/5/21) (yv)
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Filing
263
ORDER granting 261 Letter Motion to Seal. Plaintiffs' Letter-Motion to Seal (ECF No. 261) is GRANTED and Plaintiffs' Reply (ECF No. 262) shall remain as only visible to the case participants. The Clerk of Court is respectfully directed to close ECF No. 261. SO-ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/19/21) (yv)
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Filing
260
ORDER granting 258 Letter Motion to Seal. Defendants' Letter-Motion to Seal (ECF No. 258) is GRANTED, and Defendants' January 14, 2021 letter response (ECF No. 259) shall remain as only visible to the case participants. The Clerk of Court is respectfully directed to close ECF No. 258. SO-ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/15/21) (yv)
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Filing
257
ORDER granting 255 Letter Motion to Seal. Plaintiffs' Letter-Motion to Seal (ECF No. 255) is GRANTED. Plaintiffs shall file the documents under seal on ECF in accordance with the Court's Individual Practices and the Southern District of New York's Electronic Case Filing Rules & Instructions, and email the documents to Cave_NYSDchambers@nysd.uscourts.gov (using password-protected PDFs or zip files and sending the password by separate email) in addition to submitting a hard copy of the letter and exhibits to the Court. The Clerk of Court is respectfully directed to close ECF No. 255. SO-ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/13/21) (yv)
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Filing
252
ORDER: A Telephone Conference is scheduled for Thursday, January 7, 2021 at 11:00 am on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. (Telephone Conference set for 1/7/2021 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 12/23/2020) (jca)
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Filing
245
OPINION & ORDER re: 222 SECOND MOTION for Sanctions for Spoliation of Evidence against all Defendants. filed by Ritchie Baez, Pedro Serrano, Sandy Gonzalez, Edreweene Raymond. Plaintiffs' Third Sanctions Motion is DENIED, and Defendants' request for an award of attorneys' fees is also DENIED. The parties are reminded to file a letter on ECF certifying the completion of all discovery by Monday, December 14, 2020. (ECF No. 242). The Clerk of Court is respectfully directed to close ECF No. 222. (Signed by Magistrate Judge Sarah L Cave on 12/2/20) (yv)
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Filing
217
MEMORANDUM ORDER: For the foregoing reasons, Plaintiff's objections to Judge Cave's March 5 and April 13 Orders are overruled and Judge Cave's Orders will stand. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/02/2020) (ama)
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Filing
216
ORDER denying as moot 208 Letter Motion for Local Rule 37.2 Conference; denying as moot 213 Letter Motion for Local Rule 37.2 Conference. Plaintiffs are GRANTED leave to file a motion seeking sanctions for spoliation, and Defendants are DENI ED leave to file their motion for a protective order. Accordingly, the parties' motions for conferences regarding their anticipated motions (ECF Nos. 208, 213) are DENIED as moot. In the interest of efficiency the Court GRANTS Plaintiffs leav e to file a motion for sanctions against Defendants, after the close of fact discovery. The Court directs the parties to complete fact discovery by Wednesday, July 15, 2020. By Wednesday, July 29, 2020, if Plaintiffs decide to proceed with a motion for sanctions against Defendants for spoliation, Plaintiffs are to file either (1) a letter stating that they intend to rely on their filings at ECF Nos. 208 and 212, or (2) a notice of motion and memorandum of law in support of their motion for sanctions in which Plaintiffs must include all grounds on which they are seeking sanctions for spoliation. Defendants are directed to file their opposition by Wednesday, August 12, 2020, and Plaintiffs are directed to file their reply, if any, by Wednesday, August 19, 2020. The parties are directed to proceed with the deposition of Lieutenant Andrew Hatki via video conference on Wednesday, July 8, 2020. The Clerk of Court is respectfully directed to close ECF Nos. 208 and 213. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/23/20) (yv)
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Filing
214
ORDER: Plaintiffs are directed to respond to Defendants' Letter-Motion for a conference (ECF No. 213) by close of business on Monday, June 22, 2020. Defendants do not have to file a reply. The parties must be prepared to discuss both Plaintiffs' (ECF No. 208) and Defendants' (ECF No. 213) Letter-Motions during the Telephone Conference scheduled for Tuesday, June 23, 2020. SO ORDERED., ( Responses due by 6/22/2020) (Signed by Magistrate Judge Sarah L Cave on 6/19/2020) (ama)
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Filing
205
ORDER granting in part and denying in part 197 Letter Motion for Conference ; denying without prejudice 202 Letter Motion to Seal. Plaintiffs Letter-Motion for a discovery conference (ECF No. 197) is GRANTED IN PART AND DENIED IN PART. 1. To t he extent that a specific document or type of document was or is discussed during a deposition of one of Defendants' witnesses, Plaintiffs may make a specific follow up request for such document(s). The Court does not otherwise require Defend ants to provide any further response to Plaintiffs' December 22, 2019 document requests. 2. Defendants must conduct a reasonable search for and production of Monthly Conditions Reports as follows: a. Plaintiff Pedro Serrano: January 2012Decemb er 2012; b. Plaintiff Sandy Gonzalez: January 2013March 2014; and c. Plaintiff Ritchie Baez: January 2013March 2014. 3. Plaintiffs have accepted the Affidavit of Jose Frias dated May 1, 2020, attached as Exhibit D to ECF No. 199. (See ECF No. 199-4 ). Defendants' Letter-Motion for leave to file an ex parte motion under seal (ECF No. 202) is DENIED WITHOUT PREJUDICE. Defendants are directed to inform the Court, via a letter on ECF, of how they intend to proceed regarding this issue. The Clerk of Court is respectfully directed to close ECF Nos. 197 and 202, and maintain ECF No. 203 under seal. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/18/20) (yv)
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Filing
193
OPINION & ORDER. Defendants' motion for reconsideration (ECF No. 186) is DENIED, and the Court's ruling stands that Plaintiffs are entitled to an inference that there is a likelihood that the destroyed Memo Book would have supported Serrano's claims of adverse employment action and retaliation. (Signed by Magistrate Judge Sarah L Cave on 4/13/20) (yv)
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Filing
191
ORDER: The Court conducted a Telephone Conference today, March 24, 2020. The parties' fact discovery deadline is adjourned to Monday, May 11, 2020. Defendants are directed to file their reply to Plaintiffs' opposition (ECF No. 190) to Defendants' motion for reconsideration (ECF No. 186) by Tuesday, March 31, 2020. SO ORDERED., ( Fact Discovery due by 5/11/2020., Responses due by 3/31/2020) (Signed by Magistrate Judge Sarah L Cave on 3/24/2020) (ama)
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Filing
185
ORDER re: 184 Letter, filed by Ritchie Baez, Pedro Serrano, Sandy Gonzalez, Edreweene Raymond. The Court has considered the parties' positions regarding certain discovery issues as set forth in their joint letter (ECF No. 184), and r ules as follows: 1. ESI Search Terms: The City is Ordered to search "Gonzalez" within 25 words of "PC." 2. Deposition of Sergeant Tameika Goode: Plaintiffs may question Sergeant Goode about Plaintiff Ritchie Baez's complaint with the New York Police Department's Office of Equal Employment, and Defendants may reopen Plaintiff Baez's deposition for one hour to ask him about the same complaint. 3. Plaintiffs' March 3, 2020 Document Requests: a. Plaintiffs 9; Request No. 14, for discovery related to "the extensive work the NYPD did as to how their evaluations were faulty following the Floyd Trail" is DENIED as irrelevant. b. Plaintiffs' Requests Nos. 15-17 are DENIED based on Magistrate Judge Pitman's June 21, 2019 Order. c. Plaintiffs' Requests Nos. 20-21 are DENIED as overly broad, disproportional, and irrelevant to the pending claims approved by the Honorable Laura Taylor Swain's June 27, 2018 Order. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/18/2020) (kv)
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Filing
182
AMENDED TELEPHONE CONFERENCE SCHEDULING ORDER: The Telephone Conference scheduled for Tuesday, March 24, 2020 at 12:00 pm will now be held on the Courts conference line. The Parties are directed to call 866-390-1828, access code 3809799, at the scheduled time. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/16/2020) (ks)
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Filing
180
ORDER granting 179 Letter Motion to Adjourn Conference. Attorney Emeka Nwokoro's Letter-Motion to permit his absence from the conference scheduled for today, March 10, 2020, (ECF No. 179) is GRANTED. The Clerk of Court is respectfully directed to close ECF No. 179. (Signed by Magistrate Judge Sarah L Cave on 3/10/2020) (ne)
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Filing
178
OPINION AND ORDER re: 176 FIRST LETTER MOTION to Compel Defendants to Supplement to include Sanctions addressed to Magistrate Judge Sarah L. Cave from John Scola dated 3-2-20. LETTER MOTION for Conference re: 169 FIRST LETT ER MOTION for Discovery addressed to Magistrate Judge Sarah L. Cave from John Scola dated 1-30-20. FIRST LETTER MOTION to Compel City of New York to Exchange Discovery addresse LETTER MOTION for Local Rule 37.2 Conference < /i> addressed to Magistrate Judge Sarah L. Cave from John Scola dated 3-2-20. filed by Ritchie Baez, Pedro Serrano, Sandy Gonzalez, Edreweene Raymond, 166 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge S arah L. Cave from Yuval Rubinstein dated January 21, 2020. filed by Police Commissioner William J. Bratton, Constantin Tsachas, NYPD Chief of Department James P. O'Neill, Christopher McCormack, City of New York, 169 FIRST LETTER MOTION for Discovery addressed to Magistrate Judge Sarah L. Cave from John Scola dated 1-30-20. FIRST LETTER MOTION to Compel City of New York to Exchange Discovery addressed to Magistrate Judge Sarah L. Cave from John Scola dated 1- 30-20. filed by Ritchie Baez, Pedro Serrano, Sandy Gonzalez, Edreweene Raymond. For the reasons set forth above, Plaintiffs' (i) motion to compel depositions is DENIED; (ii) motion to compel compliance with the June 2019 Order is GRANTED IN PART and DENIED IN PART; (iii) motion for sanctions for spoliation and alleged wrongful action throughout the pendency of this case is GRANTED IN PART and DENIED IN PART; and, (iv) motion for a discovery conference for an anticipated motion to com pel is DENIED. Defendants' (i) request for expenses is DENIED; (ii) request for sanctions is DENIED; and (iii) motion for a discovery conference for an anticipated protective order is DENIED. Within 30 days of this order, Defendants are ordere d to use the search terms approved by the June 2019 Order related to Raymond from January 2012 through January 2016 and Gonzalez from December 2013 through November 2015, for custodians Bratton, O'Neill, and specific to Raymond, Tsachas, and p roduce any responsive, non-privileged documents (see ECF No. 118-2); produce documents concerning Defendants Tsachas and McCormack that involved allegations of discrimination based on race or Hispanic national origin, including documents related t o Officer Birch, or submit an affidavit stating that such documents do not exist; produce non-privileged documents responsive to the December 2019 Requests; produce the Monthly Reports related to Gonzalez's, Baez's, and Serrano's fed eral discrimination claims relating to negative performance evaluations against McCormack, limiting production for Serrano to Monthly Reports relative to his 2012 performance rating; and produce the Monthly Reports related to Raymond's claim a gainst Tsachas, limited to his 2015 performance evaluation. Defendants are not required to produce the Monthly Reports, except as ordered above, or Overtime Records. Mr. Nwokoro and Mr. Scola are ordered to attend all future conferences and meet-an d-confers in this action together. Plaintiffs are entitled to an inference that there is a likelihood that the destroyed Memo Book would have supported Serrano's claims of adverse employment action and retaliation. At the March 10 Conference, the parties must be prepared to discuss steps, in compliance with this Opinion and Order, to bring any remaining discovery to a close. The Clerk of Court is respectfully directed to close ECF Nos. 166, 169, and 176. (Signed by Magistrate Judge Sarah L Cave on 3/5/2020) (ne)
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Filing
154
ORDER granting 153 Motion to Seal Document. The parties' joint Letter-Motion to seal documents (ECF No. 153) is GRANTED. Plaintiffs are ordered to file the unredacted copies of Exhibits Y and V of their expected motion to compel and for sanctions (due today, December 13, 2019) under seal with the Clerk of Court. The Clerk of Court is respectfully directed to close ECF No. 153. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/13/19) (yv)
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152
ORDER: Accordingly, Plaintiffs' Letter-Motion to file a new motion for sanctions (ECF No. 150) is granted; Letter-Motion for a discovery conference (ECF No. 151) is denied; and Letter-Motion to compel and for sanctions (ECF No. 126) is termina ted as moot. All discovery deadlines are adjourned sine die. So Ordered. The Clerk is respectfully directed to close ECF Nos. 126, 150, and 151. denying as moot 126 Motion to Compel; denying as moot 126 Motion for Sanctions; granting 150 Letter Motion for Leave to File Document; denying 151 Letter Motion for Discovery; denying 151 Letter Motion to Compel. (Signed by Magistrate Judge Sarah L Cave on 12/3/2019) (js) (Main Document 152 replaced on 12/3/2019) (js).
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Filing
149
ORDER: Regarding Plaintiffs' request for emails, Defendants' counsel is directed to email Plaintiffs' counsel a list of the search terms, date ranges, and custodians used in their search. Plaintiffs' request is otherwise denied. (As further set forth in this Order.) Based on Defendants' representation that the CPI does not contain information relating to discrimination based on race or national origin, the Court sustains Defendants' objection to Request No. 25, and DENIES Plaintiffs' motion to compel as to Request No. 25. (Signed by Magistrate Judge Sarah L Cave on 11/25/2019) (cf)
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Filing
86
OPINION AND ORDER: re: 64 MOTION for Leave to File Second Amended Complaint filed by Olayokun Olagoke, Julio Diaz, Widmarc Pierre, Roman Goris, Kareem Abdullah, Ritchie Baez, Derick Waller, Pedro Serrano, Sandy Gonzalez, Edreweene Raymo nd, Felicia Whitely, Adhyl Polanco. For the foregoing reasons, Plaintiffs' motion for leave to file a Second Amended Complaint is granted as to Raymond's federal discrimination claims relating to his punishment for submitting a late vacat ion request and for failing to meet quotas, as against Proposed Individual Defendant Tsachas only; Gonzalez' and Baez' federal discrimination claims relating to negative performance evaluations and placement on PMP, as against Proposed Indi vidual Defendant McCormack only; Serrano's federal discrimination claim relating to his negative 2012 performance rating, as against Proposed Individual Defendant McCormack only; and Gonzalez' and Serrano's claims of retaliation for co mplaining of discrimination, as against proposed Individual Defendant McCormack only. Plaintiffs' motion is also granted as to their NYSHRL and NYCHRL claims that parallel the federal claims that are permitted to be asserted in the Second Amende d Complaint. Plaintiffs' motion for leave to file a further amended complaint with respect to First Amendment retaliation claims is granted as to Raymond's claim against Proposed Individual Defendant Tsachas based on the 2015 performance ev aluation, promotion denial and punitive posting actions that followed the November 22, 2014, meeting with the Platoon Commander; Gonzalez' First Amendment retaliation claim, to the extent he alleges retaliatory conduct from May to November 2015, against the City and Proposed Individual Defendants McCormack, O'Neill and Bratton; and Serrano's First Amendment retaliation claim against Proposed Individual Defendant McCormack. The motion is denied as to the remainder of the Proposed S AC. Plaintiffs are directed to file a Proposed SAC consistent with this Opinion and Order no later than fourteen (14) days from the date of this Opinion and Order, or Wednesday, July 11, 2018. This case will be referred to the designated magistrate j udge for general pretrial management, and Plaintiffs' counsel are directed to contact that judge's chambers promptly to schedule an initial conference. The July 10, 2018, pretrial conference is adjourned sine die in light of the referral. This Opinion and Order resolves Docket Entry No. 64. SO ORDERED.., ( Amended Pleadings due by 7/11/2018.) (Signed by Judge Laura Taylor Swain on 6/27/2018) (ama)
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Filing
60
MEMORANDUM OPINION AND ORDER: re: 48 AMENDED MOTION to Dismiss the Amended Complaint filed by Police Commissioner William J. Bratton, NYPD Commanding Officer of Patrol Services Carlos M Gomez, Mayor of the City of New York Bill deBlasio, New York City Police Department, NYPD Chief of Department James P. O'Neill, City of New York. For the foregoing reasons, Defendants' motion to dismiss the Amended Complaint is granted. Plaintiffs may make a motion for leave to replead the claims and requests for relief asserted in their Second, Fourth, Fifth, Sixth, Eighth, Tenth, Twelfth, Fourteenth, and Seventeenth Causes of Action. Any such motion must be filed by March 27, 2017, and must be accompanied by a proposed Second Amended Complaint and a memorandum of law. Failure to make such a timely motion, or denial of the motion as futile, may result in dismissal of the Amended Complaint in its entirety, without further advance notice. This Memorandum Opinion and Order resolves Docket Entry Nos. 32 and 48. SO ORDERED., ( Motions due by 3/27/2017.) (Signed by Judge Laura Taylor Swain on 3/06/2017) (ama)
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