Lynch et al v. The City of New York
| James Lynch, Lloyd Jones and Baron Spencer |
| The City of New York |
| 1:2017cv07577 |
| October 4, 2017 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| William H. Pauley |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
264
ORDER: The Court received the attached letter from Mr. Daryl Stephen. This letter responds to the City's letter dated March 17, 2025 (ECF No. 263). The City is directed to reply to Mr. Stephen's letter by April 23, 2025. The Clerk is respectfully requested to mail a copy of this Order to Mr. Stephen at the following address: Daryl Stephen 1316 Sterling Pl Apt 1R Brooklyn, NY 11213 SO ORDERED. (Signed by Judge John G. Koeltl on 4/9/2025) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
262
ORDER By March 21, 2025, the City should explain why Mr. Stephen is not a member of the Class and/or why any claim by Mr. Stephen should not be accepted. Mr. Stephen may respond by April 4, 2025. The Clerk is respectfully requested to mail a copy of this Order to Mr. Stephen at the following address: Daryl Stephen 1316 Sterling Pl Apt 1R Brooklyn, NY 11213 SO ORDERED. (Signed by Judge John G. Koeltl on 3/6/2025) (jca)
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Filing
260
ORDER : The request for a personal conference with respect to participating in the class settlement is denied. The Clerk is respectfully requested to mail a copy of this Order to Mr. Stephen at the following address: Daryl Stephen 1316 Sterling Pl Apt 1R Brooklyn, NY 11213 SO ORDERED. (Signed by Judge John G. Koeltl on 2/10/2025) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
259
ORDER: Mr. Stephen's application for appointment of counsel is denied without prejudice because he has failed to show that his claim is likely to have merit. See Cooper v. A. Sargenti Co., 877 F.2d 170, 174 (2d Cir. 1989); Hodge v. Police Off icers, 802 F.2d 58, 61 (2d Cir. 1986). The Clerk is respectfully requested to mail a copy of this Order to Mr. Stephen at the following address: Daryl Stephen 1316 Sterling Pl Apt 1R Brooklyn, NY 11213. (Signed by Judge John G. Koeltl on 1/29/2025) (jjc) Transmission to Docket Assistant Clerk for processing.
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Filing
255
ORDER: The parties are directed to appear, by phone, for a conference regarding the plaintiffs' November 14, 2024 letter (ECF No. 254) on Tuesday, November 26, 2024, at 3:00 p.m. Dial-in: 888-363-4749, with access code 8140049. SO ORDERED. (Signed by Judge John G. Koeltl on 11/18/2024) ( Telephone Conference set for 11/26/2024 at 03:00 PM before Judge John G. Koeltl.) (ks)
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Filing
253
MEMORANDUM OPINION AND ORDER re: 241 MOTION to Compel Settlement Administrator to include late claims . filed by Macye McCall, Jason Gormick, Carlos Pizarro, Curtis Favor. Accordingly, the movants' motion to compel inclu sion of their late claims is granted. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed above, the arguments are either moot or without merit. For the foregoing reasons, the motion to compel inclusion of the late claims by the movants is granted. The Clerk is directed to close ECF No. 241. SO ORDERED. (Signed by Judge John G. Koeltl on 9/26/2024) (ks)
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Filing
239
ORDER: The Court transmits this letter to counsel for the plaintiffs' class and requests a response by March 25, 2024, concerning how the request was handled. SO ORDERED. (Signed by Judge John G. Koeltl on 3/11/2024) (va)
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Filing
237
ORDER: The Court transmits this letter to counsel for the plaintiffs' class and requests a response by February 28, 2024, concerning how the request was handled. SO ORDERED. (Signed by Judge John G. Koeltl on 2/14/2024) (ks)
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Filing
235
ORDER: The Court transmits this letter to counsel for the plaintiffs' class and requests a response by February 13, 2024, concerning how the request was handled. SO ORDERED. (Signed by Judge John G. Koeltl on 1/30/2024) (tg)
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Filing
233
ORDER: Any claims received by Rust Consulting (the "Administrator") via online submission after December 12, 2023, or claims sent by mail that are postmarked after December 12, 2023, cannot be accepted by the Administrator and are ineligibl e for a settlement award pursuant to the settlement agreement in this action. The City of New York shall pay the sum of $18,937.00 to the Administrator to cover expenses associated with communicating with individuals who submitted claims to the Administrator but do not appear on the City's class list. This amount is over and above the agreed-upon cap in direct notice and administrative costs of $1,091,388.00. Individuals who submitted claims but do not appear on the class list sha ll provide to the Administrator documentation indicating they are members of the class within thirty days of the date the Administrator sends an email or mail communication to those individuals, otherwise the individuals' documentation shall be deemed untimely and shall not be considered. Claimants who timely submit such documentation may be asked by the Administrator or the parties to provide additional documentation after the thirty-day deadline. SO ORDERED. (Signed by Judge John G. Koeltl on 12/18/2023) (ama)
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Filing
225
ORDER. The Court transmits this letter to counsel for the plaintiffs' class and requests a response by October 20, 2023, concerning how the request was handled. SO ORDERED. (Signed by Judge John G. Koeltl on 10/4/23) (yv)
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Filing
223
ORDER. The Court received the attached letter from Russell Smith, which it transmits to the parties and requests plaintiffs' counsel to respond to Mr. Smith. SO ORDERED. (Signed by Judge John G. Koeltl on 09/27/2023) (yv)
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Filing
213
ORDER: The Court has filed under seal correspondence relating to the Settlement Agreement that the Court finally approved on July 11, 2023. See ECF No. 208. SO ORDERED. (Signed by Judge John G. Koeltl on 7/19/2023) (ks)
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Filing
211
JUDGMENT: IT IS ADJUDGED that, in accordance with Rule 58 of the Federal Rules of Civil Procedure and the final approval order entered by the Court on July 11, 2023 (the "Order"), this Court fully and finally approves the proposed Settle ment as fair, reasonable, and adequate and approves as reasonable under the circumstances the service awards of $20,000 each to the Named Plaintiffs Lloyd Jones and Baron Spencer. Accordingly, the claims asserted in this Action are hereby dismi ssed with prejudice with the exception of Plaintiffs' attorneys' fees and costs and this action is hereby closed; the entry of Judgment shall not release Plaintiffs' claims for attorneys' fees and costs. Without in any way affect ing the finality of this Judgment, the Court expressly retains exclusive and continuing jurisdiction over the Settlement, the Parties to the Settlement, Class Members, and anyone else who appeared before this Court for all matters relating to the Settlement, including approving and awarding attorneys' fees and costs of Class Counsel, the implementation and enforcement of the terms of the Settlement and the Order, and for any other reasonably necessary purpose. The clerk of the court is directed to enter this JUDGMENT in accordance with Federal Rule of Civil Procedure 58 this 12 day of July, 2023. (Signed by Judge John G. Koeltl on 7/12/2023) (tg) Transmission to Finance Unit (Cashiers) for processing.
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Filing
205
ORDER: The plaintiffs are directed to submit courtesy copies of all papers filed in connection with the motion for final approval of settlement. SO ORDERED. (Signed by Judge John G. Koeltl on 6/27/2023) (ks)
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Filing
204
ORDER granting 201 Letter Motion to Seal. Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 6/26/23) (yv)
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Filing
192
ORDER: The Court has received another objection from Frederick Williams by letter. The Court forwards the letter to the parties and will file the objection separately under seal because the letter contains personally identifying information. Mr. Wi lliam's second objection is also addressed by the Order directing Mr. Williams to appear at the settlement hearing by telephone or by personal representative. The Court has also received a letter from Taia Harris, a personal representative for M r. Williams, which the Court will file on the docket. The letter from Ms. Harris is attached to this Order. The Clerk is directed to mail a copy of this order to Mr. Williams and to note service on the docket. SO ORDERED. (Signed by Judge John G. Koeltl on 6/21/2023) (ks) Transmission to Docket Assistant Clerk for processing.
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Filing
186
ORDER: The Court is in receipt of a letter from Frederick Williams objecting to the terms of the Settlement Agreement, ECF No. 179. The objection will be filed under seal because the letter contains personally identifying information. SO ORDERED. (Signed by Judge John G. Koeltl on 6/5/2023) (ks)
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Filing
180
ORDER: The Court received the attached letter in the mail. The letter was sent by Robert Jones, a class member in this case, who appears to object to the terms of the Settlement Agreement which has been preliminarily approved pending a fairness hea ring to be held on July 11, 2023. ECF No. 179. The letter is being provided to class counsel to consider whether it is an objection to the terms of the Settlement Agreement or a request for exclusion from the class. In the letter, Mr. Jones also requ ests the appointment of pro bono counsel to assist him in litigating his claims. Mr. Jones may contact the New York Legal Assistance Group for assistance, whose flyer is also attached to this Order. Mr. Jones should be aware that the class is being represented by class counsel. SO ORDERED. (Signed by Judge John G. Koeltl on 4/11/2023) (ks)
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Filing
179
ORDER PRELIMINARILY APPROVING SETTLEMENT, DIRECTING NOTICE TO CLASS MEMBERS, AND SCHEDULING FAIRNESS HEARING granting 173 Motion for Preliminary Approval of the Settlement re: 173 MOTION for Preliminary Approval of the Settlement . IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: The Court preliminarily finds that the proposed Settlement as evidenced by the Settlement Agreement is likely to be approved under Federal Rule of Civil Procedure 23(e)(2) as fair, reas onable and adequate and warrants providing notice of the proposed Settlement to the Class and scheduling a Fairness Hearing for further review of the proposed Settlement. In making these findings, the Court has considered a number of factors, includi ng the nature of the Named Plaintiffs' and Defendant's respective claims and defenses, the amount of consideration to be paid in the Settlement, the information available to the Parties, whether the Named Plaintiffs and Class Counsel have a dequately represented the class, whether the Settlement Agreement was negotiated at arm's length, and whether the relief provided for Class Members is adequate, and whether the Settlement Agreement treats Class Members equitably relative to each other. Based on these considerations, the Court preliminarily concludes that (i) the proposed Settlement is within the range of possible approval and the Settlement resulted from serious, informed, non-collusive negotiations conducted at arm' s length by the Parties and their counsel and (ii)none of the terms and conditions of the Settlement Agreement have any obvious deficiencies or improperly grant preferential treatment to any individual Class Member. The Court hereby certifies a Se ttlement Class pursuant to Fed. R. Civ. R. 23(b)(3) pending a Fairness Hearing and further order of the Court of all people who were: a.In the Custody of DOC; and b.Were on at least one occasion released from DOC Custody upon payment of Bail during the Class Period; and c.Had a delay in their release from Custody after Bail had been paid. Solely for the purposes of the proposed Settlement, the Court hereby (i) certifies Lloyd Jones and Baron Spencer as the Named Plaintiffs and class representa tives and (ii) appoints Emery Celli Brinckerhoff Abady Ward & Maazel LLP, Romano & Kuan PLLC, and Kaufman Lieb Lebowitz & Frick as Class Counsel pursuant to Fed. R. Civ. P. 23(g) for purposes of representing the Settlement Class. Pursuant to Fed. R . Civ. P. 23(e), the Court will hold a Fairness Hearing on July 11, 2023 at 4:00 p.m. to address the Settlement, before Judge John G. Koeltl, District Judge for the United States District Court for the Southern District of New York, at the United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Courtroom 14A, New York, New York 10007. The Court may adjourn the Fairness Hearing and reconvene it at some other da te without further notice to Class Members and may approve the Settlement, enter a final Order at or after the Fairness Hearing or any adjournment of the Fairness Hearing, and dismiss the claims asserted against Defendant on the merits and with prejudice without further notice to any persons or entities (including Class Members) other than the Parties. The Court approves Rust Consulting, Inc. to serve as the Administrator. The Administrator shall perform tasks as directed by the Parti es, including but not limited to the following matters: ( 1) locating Class Members; (2)issuing notice, including information about the right to object or Opt Out of the settlement; (3) distributing Claim Packets to and receiving executed original Claim Forms from Class Members; (4) establishing and administering the Qualified Settlement Fund and upon conclusion of the process, closing the Fund; (5) determining eligibility for awards on the basis of information provided by counsel for the Parties and the Class Members, validating the claims, and providing Class Counsel and Defendant's Counsel a list of those persons found preliminarily eligible every 30 days and as further set forth in this Order; No later than January 26, 202 3, the Administrator shall mail or cause to be mailed the Claim Packet, substantially in the forms submitted to the Court by the parties, by first-class mail, postage prepaid, to all potential Settlement Class members at the address of each such person. Defendant shall provide the Administrator and Plaintiffs' Counsel with the data and information as set forth in the Agreement. This information shall be deemed confidential under the terms and conditions set forth in the Agreement an d as further set forth in this Order. The Court orders Defendant City to pay the costs of notice and administration to the Administrator pursuant to the terms and conditions set forth in the Settlement Agreement. This Court shall retain jurisdict ion for the implementation and enforcement of the terms of the Settlement Agreement, and all Parties hereto and their counsel shall submit to the exclusive jurisdiction of this Court for purposes of implementing and enforcing the Settlement embodied in the Agreement, including a determination whether the proposed Settlement should be approved as fair, reasonable and adequate. (Signed by Judge John G. Koeltl on 12/1/22) (yv)
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Filing
164
ORDER: No later than August 5, 2022, the parties shall submit a confidential joint letter, via email to Moses_NYSDChambers@nysd.uscourts.gov, limited to four pages, updating the Court as to the status of their settlement negotiations and advising the Court whether a further judicially-supervised settlement conference would be productive. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/19/2022) (va)
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Filing
162
ORDER: In light of plaintiff James Lynch's death and the dismissal of his claims (Dkt. No. 158), the Clerk of Court is respectfully directed to re-caption the case as Lloyd Jones, et al., v. The City of New York. (Signed by Magistrate Judge Barbara C. Moses on 6/27/2022) (rro)
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Filing
158
ORDER: On November 16, 2021, a suggestion of death was filed as to plaintiff James Lynch. ECF No. 128. The suggestion of death was served on all of the parties by December 15, 2021. ECF No. 131. Under Federal Rule of Civil Procedure 25(a) (1), if a party dies and no motion for substitution is "made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed." Because more than 90 days have elapsed since the suggestion of death was served on all of the parties and no motion for substitution has been filed, the claims of James Lynch are dismissed. SO ORDERED. (Signed by Judge John G. Koeltl on 6/17/2022) James Lynch (on Behalf of Himself and Others Similarly Situated) terminated. (ks)
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Filing
157
ORDER: For the reasons discussed at the June 14, 2022 discovery conference, it is hereby ORDERED that Counsel for plaintiffs and the State shall promptly arrange at least one meeting, in person or by videoconference, at which their respective sub ject matter experts (for plaintiffs, Mr. Lukesetich; for the State, in-house IT professionals knowledgeable about the specific databases and systems at issue) can speak directly to one another, in the presence of counsel, for at least one hour in a good faith effort to (a) understand how the requested information is stored, how it can be retrieved and collected, the scope of the work required to satisfy plaintiffs' requests, and the expected cost of that work (in time and money); and ( b) collaborate concerning the most efficient method(s) of retrieving the data sought, including any time- or cost-saving modifications to plaintiffs' requests. The meeting shall not be recorded. Counsel for plaintiffs and the State shall, to the extent consistent with their professional obligations to their clients, minimize their role in the discussion. Counsel for the City may (but are not required to) attend. At the conclusion of the meeting (including any follow-up sessions), plai ntiffs andthe State shall prepare a joint letter to the Court, no longer than six pages, which shall be filed no later than July 14, 2022. In the joint letter, plaintiffs and the State shall confirm that the required good-faith meeting took place a nd advise the Court as to whether they have reached agreement as the production of some or all of the requested data. If so, they may present the Court with a proposed form of order. If areas of disagreement remain, the joint letter shall outline the remaining dispute(s) and provide updated estimates, if any, concerning the time, personnel, and expense required to satisfy plaintiffs' requests. Plaintiffs shall promptly serve a copy of this Order upon counsel for DOCCS and ITS and file proof of such service on ECF. (Signed by Magistrate Judge Barbara C. Moses on 6/16/2022) (rro)
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Filing
151
ORDER: By letter-motion dated June 2, 2022 (Dkt. No. 149) plaintiffs seek an order compelling non-parties New York State Department of Corrections and Community Service (DOCCS) and New York State Office of Information Technology Services (ITS) to comply with plaintiffs' subpoenas duce tecum dated March 4, 2022. Responding letters are due no later than June 8, 2022; any reply is due no later than June 10, 2022. The Court will conduct a discovery conference on June 14, 2022, at 11:00 a. m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. It is the Court's intention to resolve the dispute based on the letters submitted, augmented by such argument as may be presented at the conference, unless the Cour t directs more formal briefing. Plaintiffs shall promptly serve a copy of this Order upon DOCCS and ITS and file proof of such service on ECF. ( Responses due by 6/8/2022, Replies due by 6/10/2022., Discovery Hearing set for 6/14/2022 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 6/6/2022) (rro)
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Filing
94
ORDER granting 93 Letter Motion for Extension of Time to File. Application granted. SO ORDERED. (Signed by Judge William H. Pauley, III on 7/6/2020) (kv)
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Filing
91
ORDER re: 90 Status Report filed by The City of New York. The parties having filed a joint status report on June 8, 2020 (ECF No. 90), this Court hereby orders the following: (1) In light of Defendant's representation that its e-discover y vendor, Epiq, is scheduled to resume scanning operations by July 1, 2020, the parties shall file a joint status report on July 9, 2020 concerning Defendant's progress in producing hard-copy records. In the interim, Defendant shall prioritize t he collection and production of any comparable electronic records previously requested by Plaintiffs, including bail receipts and IFCOM records. The parties shall include an update on the production of any such electronic records in the July 9 statu s report. (2) Defendant shall produce to Plaintiffs all versions of the Fax Bail Processing Formand any similar forms used by the New York City Department of Correction (DOC) since 2011as well as all completed Fax Bail Processing Forms for March 2017 . The parties shall update this Court on the production of those forms in the July 9 status report.(3) Defendant shall update Plaintiffs by July 6, 2020 on its efforts in searching for and collecting responsive documents from local and shared drives of DOC facilities that process bail. The parties shall update this Court on the production of any such responsive documents in the July 9 status report. (4) Plaintiffs may proceed with depositions of low-level fact witnesses from any DOC facility that processes bail, including the Vernon C. Bain Correctional Center, the Brooklyn Detention Complex, and the Metropolitan Detention Center. SO ORDERED. (Signed by Judge William H. Pauley, III on 6/24/2020) (kv)
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Filing
89
ORDER granting 88 Letter Motion for Extension of Time to File. Application granted. (Signed by Judge William H. Pauley, III on 5/28/2020) (mro)
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Filing
83
ORDER: On April 23, 2020, this Court conducted a telephonic conference concerning a dispute over the need for depositions in this action at this time. For the reasons stated on the record: (1) Defendant shall inform Plaintiffs of the availability, te chnological capabilities, and professional duties of the 15 potential witnesses (the Captain deployed to the Anna M. Kross Center is not included) identified within the parties' joint submission (ECF No. 79) by April 30, 2020. If Defendant fails to do so, Defendant shall provide Plaintiffs with contact information for the 15 potential witnesses. (2) In lieu of the parties' anticipated May 6, 2020 status report (See ECF No. 75), the parties shall submit a status report on May 7, 2020 concerning the scheduling of depositions, all remaining discovery, and next steps in this litigation. (Signed by Judge William H. Pauley, III on 4/27/2020) (jwh)
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Filing
32
OPINION & ORDER re: 24 MOTION to Dismiss filed by The City of New York: For the foregoing reasons, the City's motion to dismiss is denied. The Clerk of Court is directed to terminate the motion pending at ECF No. 24. The parties shall appear for a status conference on October 23, 2018 at 12:30 p.m. (Status Conference set for 10/23/2018 at 12:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 9/28/2018) (jwh)
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