People of the State of New York v. City Of New York et al
| People of the State of New York, by Letitia James, Attorney General of the State of New York and People of The State of New York |
| Chief of Department Terence A. Monahan, Police Commissioner Dermot F. Shea, City Of New York and Mayor Bill de Blasio |
| Sergeants Benevolent Association |
| Police Benevolent Association of the City of New York, Inc. |
| Detectives Endowment Association of New York City |
| 1:2021cv00322 |
| January 14, 2021 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on May 6, 2021. A more recent docket listing may be available from PACER.
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| Filing 56 NOTICE OF APPEARANCE by Robert Sherlock Smith on behalf of Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM et al..(Smith, Robert) |
| Filing 55 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/22/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) |
| Filing 54 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/22/2021 before Judge Colleen McMahon. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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. Redaction Request due 3/29/2021. Redacted Transcript Deadline set for 4/8/2021. Release of Transcript Restriction set for 6/7/2021.Filed In Associated Cases: 1:20-cv-08924-CM et al..(McGuirk, Kelly) |
| Filing 53 NOTICE OF APPEARANCE by Jaclyn Hillary Grodin on behalf of People of The State of New York. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10291-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM, 1:21-cv-00533-CM.(Grodin, Jaclyn) |
| Filing 52 LETTER addressed to Judge Colleen McMahon from Remy Green dated 2021-03-06 re: In Re: New York City Policing During Summer 2020 Demonstrations, 20 Civ. 8924 (CM)(GWG) (Amended Complaint in Sow (21-cv-533)). Document filed by Adama Sow. (Attachments: #1 Exhibit First Amended Complaint in Sow (21-cv-533))Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Green, Remy) |
| Filing 51 FIRST AMENDED COMPLAINT amending #1 Complaint, against Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, Police Commissioner Dermot F. Shea.Document filed by People of The State of New York. Related document: #1 Complaint,..(Clarke, Jessica) |
| Filing 50 MEMORANDUM OF LAW in Support re: (51 in 1:20-cv-08924-CM, 48 in 1:21-cv-00322-CM) MOTION to Intervene on behalf of the Detectives Endowment Association. . Document filed by Dectectives Endowment Association of New York City. Filed In Associated Cases: 1:20-cv-08924-CM, 1:21-cv-00322-CM.(McQuade, Stephen) |
| Filing 49 DECLARATION of Stephen Mc Quade in Support re: (51 in 1:20-cv-08924-CM, 48 in 1:21-cv-00322-CM) MOTION to Intervene on behalf of the Detectives Endowment Association.. Document filed by Dectectives Endowment Association of New York City. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)Filed In Associated Cases: 1:20-cv-08924-CM, 1:21-cv-00322-CM.(McQuade, Stephen) |
| Filing 48 MOTION to Intervene on behalf of the Detectives Endowment Association. Document filed by Dectectives Endowment Association of New York City.Filed In Associated Cases: 1:20-cv-08924-CM, 1:21-cv-00322-CM.(McQuade, Stephen) |
| Filing 47 DECLARATION of Joseph Alejandro in Support re: (45 in 1:21-cv-00322-CM, 48 in 1:20-cv-08924-CM, 45 in 1:20-cv-10541-CM) MOTION to Intervene as a party-defendant.. Document filed by Police Benevolent Association of the City of New York, Inc.. (Attachments: #1 A: Statement to the New York Attorney General's Office by the Police Benevolent Association dated June 17, 2020)Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Dolan, Richard) |
| Filing 46 MEMORANDUM OF LAW in Support re: (48 in 1:20-cv-08924-CM, 45 in 1:20-cv-10541-CM, 45 in 1:21-cv-00322-CM) MOTION to Intervene as a party-defendant. . Document filed by Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Dolan, Richard) |
| Filing 45 MOTION to Intervene as a party-defendant. Document filed by Police Benevolent Association of the City of New York, Inc..Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Dolan, Richard) |
| Filing 44 MEMORANDUM OF LAW in Support re: #43 MOTION to Intervene . . Document filed by Sergeants Benevolent Association. (Attachments: #1 Exhibit A - Declaration of Sgt. Edward D. Mullins, #2 Exhibit B - Affidavit of Prof. Bruce A. Green, #3 Proposed Answer).(Coles, Anthony) |
| Filing 43 MOTION to Intervene . Document filed by Sergeants Benevolent Association..(Coles, Anthony) |
| Filing 42 NOTICE OF APPEARANCE by Richard Henry Dolan on behalf of Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Dolan, Richard) |
| Filing 41 NOTICE OF APPEARANCE by Thomas Aquinas Kissane on behalf of Police Benevolent Association of the City of New York, Inc.. Filed In Associated Cases: 1:20-cv-08924-CM, 1:20-cv-10541-CM, 1:21-cv-00322-CM.(Kissane, Thomas) |
| Filing 40 MEMORANDUM OF LAW in Support re: #38 MOTION to Intervene on behalf of the Detectives Endowment Association. . Document filed by Detectives Endowment Association of New York City..(McQuade, Stephen) |
| Filing 39 DECLARATION of Stephen Mc Quade in Support re: #38 MOTION to Intervene on behalf of the Detectives Endowment Association.. Document filed by Detectives Endowment Association of New York City. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16).(McQuade, Stephen) |
| Filing 38 MOTION to Intervene on behalf of the Detectives Endowment Association. Document filed by Detectives Endowment Association of New York City..(McQuade, Stephen) |
Filing 37
ORDER: The above-referenced actions have been referred to the undersigned for pre-trial supervision as set forth in Paragraph 8 of Docket # 40 in 20 Civ. 8924. All applications to the undersigned must comply with this Court's Individual Practices, which are available at:https://nysd.uscourts.gov/hon-gabriel-w-gorenstein. The parties must comply with the deadlines set by Chief Judge McMahon in Docket#40. In addition, the Court orders the following interim deadlines as requested by the parties in their letter dated March 1, 2021 (Docket # 42 in 20 Civ. 8924): March 18, 2021: Initial Disclosures due March 25, 2021: First Request for Documents and First Set of Interrogatories dueApril 8, 2021: Defendants to provide proposed date for completion of document production April 26, 2021: Objections and Responses due; production of documents to begin. Additionally, by June 1, 2021, the parties must confer to reserve in the summer and fall a sufficient number of deposition dates for which all counsel must be available even if specific deponents are not attached to any particular date. Depositions shall be scheduled as soon as practicable. The parties shall not require a deponent to appear for a deposition after Friday, December 3, 2021, unless all parties agree otherwise or the Court orders otherwise. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/02/2021) (ama)
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| Filing 36 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein dated March 1, 2021 re: Interim Discovery Deadlines. Document filed by People of The State of New York..(Marquez, Lillian) |
| Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 2/22/2021. Decision: Initial conference held. Refer to docket for scheduling order. Submitted by: Chloe Lewis. (mde) |
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Filing 35
ORDER: Amended Pleadings due by 3/5/2021. Any motion for leave to intervene, by any party, must be filed by 3/3/2021. Responses due 3/19/2021. Replies due 3/26/2021. Motions to dismiss the complaints must be filed by close of business on 3/26/2021. Responsive papers are due 4/16/2021. Replies are due 4/30/2021. The case is referred to The Hon. Gabriel W. Gorenstein for all pre-trial supervision other than the motions to dismiss and for leave to intervene. "All discovery" means ALL discovery, including expert discovery, individual discovery and Monell discovery. Potential class plaintiffs should be deposed by July 1, 2021, so that class certification motions can be made no later than September 10, 2021. Deposition due by 7/1/2021. Motions due by 11/15/2021. (Signed by Judge Colleen McMahon on 2/22/2021) (va)
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| Filing 34 LETTER addressed to Judge Colleen McMahon from Stephen McQuade dated 02/19/2021 re: preliminary conference. Document filed by Detectives Endowment Association of New York City..(McQuade, Stephen) |
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Filing 33
ORDER: The Court will hold a conference in this matter on Monday, February 22, 2021, at 2:00 P.M. in Courtroom 24A. This is an open proceeding, but we have limited space in the courtroom due to the Covid-19 pandemic and social distancing requirements. Members of the public and press may dial in at: 888-363-4749; the Access Code is: 9054506. This line will remain on mute for the duration of the conference. (Signed by Chief Judge Colleen McMahon on 2/19/2021) (jca)
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Filing 32
CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a: Rule (16) conference on Monday, February 22, 2021 at 2:00 P.M. before the Honorable Colleen McMahon, United States District Judge in Courtroom 24A, U.S. District Court, 500 Pearl Street, New York, New York 10007. Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. SO ORDERED. Initial Conference set for 2/22/2021 at 02:00 PM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Chief Judge Colleen McMahon on 2/18/2021) (jca)
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| Filing 31 LETTER addressed to Judge Colleen McMahon from Anthony P. Coles dated February 16, 2021 re: advising that the Sergeants Benevolent Association anticipates moving to intervene under Fed. R. Civ. P. 24(a) and (b). Document filed by Sergeants Benevolent Association..(Coles, Anthony) |
| Filing 30 LETTER addressed to Judge Colleen McMahon from Brachah Goykadosh, Elissa Jacobs and Dara L. Weiss dated February 15, 2021 re: Defendants' positions on coordinated discovery, consolidation and anticipated motions. Document filed by Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, Police Commissioner Dermot F. Shea..(Weiss, Dara) |
| Filing 29 LETTER addressed to Judge Colleen McMahon dated February 12, 2021 re: Consolidation. Document filed by People of The State of New York..(Marquez, Lillian) |
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Filing 28
ORDER terminating #25 Letter Motion for Extension of Time. All proceedings in all cases are stayed until we hold our conference. (Signed by Judge Colleen McMahon on 2/4/2021) (mml)
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| Case Stayed. (mml) |
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Filing 27
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Colleen McMahon on 2/4/2021) (mml)
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| Filing 26 MOTION TO INTERVENE. Document filed by Towaki Kamatsu, a non-party. (Attachments: #1 Exhibit, #2 Exhibit).(sc) |
| Filing 25 LETTER MOTION for Extension of Time Respectfully Request that the Court Sine Die Extend Defendants Time to Respond to the Complaints in These Related Cases Until After the In Person Conference addressed to Judge Colleen McMahon from Brachah Goykadosh dated February 3, 2021. Document filed by Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, Police Commissioner Dermot F. Shea..(Goykadosh, Brachah) |
| Filing 24 NOTICE OF APPEARANCE by Dara Lynn Weiss on behalf of Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, Police Commissioner Dermot F. Shea..(Weiss, Dara) |
| Filing 23 NOTICE OF APPEARANCE by Brachah Goykadosh on behalf of Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, Police Commissioner Dermot F. Shea..(Goykadosh, Brachah) |
| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-08924-CM.. (kv) |
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Filing 22
ORDER: Please docket this notice from Chief Judge McMahon in cases: Payne v. DiBlasio, 20 Civ. 8924; Wood v. City of New York, 20 Civ. 10541; People v. City of New York, 21 Civ. 322; Sow v. City of New York, 21 Civ. 533. Counsel: I now have four matters on my docket relating to the conduct of the NYPD in connection with various demonstrations that occurred in New York City during 2020, that are connected to the Black Lives Matter (BLM) movement and the deaths of George Floyd and other individuals at the hands of law enforcement officials in other jurisdictions. They are Payne v. DiBlasio, 20 Civ. 8924, Wood v. City of New York, 20 Civ. 10541, People v. City of New York, 21 Civ. 322, Sow v. City of New York, 21 Civ. 533. I preliminarily consolidated these cases for pre-trial purposes. The defendants have moved to deconsolidate Payne and Wood, and the plaintiffs in Payne object to consolidation of their action with the Attorney General's suit, though they do not object to coordinated discovery and joint motion practice on the common issues of law and fact regarding policies and practices of the NYPD that undergird all four of these lawsuits. I note that Wood, People and Sow were all filed as "related cases" to Payne - and so they are, whether they end up being tried together or not - so I anticipate that most pre-trial matters, and certainly discovery, will be consolidated. I want to conference all four cases initially, so I can get my head around how to manage these cases and start them moving. I want that conference to take place in person - "in person" meaning that no more than two attorneys for each plaintiff and no more than four attorneys for the defendants may be present in my courtroom, masked and socially distanced, at an on-the-record conference. We cannot possibly accommodate all the members of the public who would want to be present at this conference, even with an overflow courtroom; we will provide a call in number for maximum public access. At present, as you know, we are not holding in person proceedings in the federal courthouses, so the February 5 date that is currently on your calendars will not work. I would like to schedule this proceeding for the week of February 16-17-18-19. As to the exact date, I would prefer to suit the convenience of counsel, so please confer and be in touch with my deputy clerk, Mariela de Jesus, Mariela_DeJesus@nysd.uscourts.gov with suggested dates and times during that week. You should be prepared to discuss anticipated motions, coordinated discovery and the reasons why these cases should or should not be consolidated. If each plaintiff and the defendants would file a letter of no more than three pages summarizing your positions at last five days prior to the conference; you can flesh them out fully at the conference. There really is no need to make a lot of formal procedural motions; I would rather hear you outline your positions and rule from the bench. Magistrate Judge Gorenstein is the assigned MJ on these cases. I will be inviting him to participate at this conference as well. (Signed by Judge Colleen McMahon on 1/25/2021) (mml) Modified on 2/5/2021 (mml).
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| Filing 21 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Chief of Department Terence A. Monahan served on 1/21/2021, answer due 2/11/2021. Document filed by People of The State of New York..(Marquez, Lillian) |
| Filing 20 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Police Commissioner Dermot F. Shea served on 1/21/2021, answer due 2/11/2021. Document filed by People of The State of New York..(Marquez, Lillian) |
| Filing 19 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Mayor Bill de Blasio served on 1/21/2021, answer due 2/11/2021. Document filed by People of The State of New York..(Marquez, Lillian) |
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Filing 18
CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a: Telephone conference on Friday, February 5, 2021 at 11:30 A.M. before the Honorable Colleen McMahon, United States District Judge. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. SO ORDERED. Telephone Conference set for 2/5/2021 at 11:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/19/2021) (mml)
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| Filing 17 SUMMONS RETURNED EXECUTED Summons and Complaint, served. City Of New York served on 1/19/2021, answer due 2/9/2021. Document filed by People of The State of New York..(Marquez, Lillian) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-08924-CM. Notice of Assignment to follow. (laq) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (laq) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Chief of Department Terence A. Monahan. (sj) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Police Commissioner Dermot F. Shea. (sj) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Mayor Bill de Blasio. (sj) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to City Of New York. (sj) |
| Filing 12 NOTICE OF APPEARANCE by Philip Levitz on behalf of People of The State of New York..(Levitz, Philip) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jessica Clarke. The party information for the following party/parties has been modified: People of the State of New York. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| Case Designated ECF. (sj) |
| CASE REFERRED TO Judge Colleen McMahon as possibly related to 1:20cv8924. (sj) |
| Filing 11 NOTICE OF APPEARANCE by Gregory Morril on behalf of People of the State of New York, by Letitia James, Attorney General of the State of New York..(Morril, Gregory) |
| Filing 10 NOTICE OF APPEARANCE by Travis William England on behalf of People of the State of New York, by Letitia James, Attorney General of the State of New York..(England, Travis) |
| Filing 9 NOTICE OF APPEARANCE by Lillian Marie Marquez on behalf of People of the State of New York, by Letitia James, Attorney General of the State of New York..(Marquez, Lillian) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Chief of Department Terence A. Monahan, re: #1 Complaint,. Document filed by People of the State of New York, by Letitia James, Attorney General of the State of New York..(Clarke, Jessica) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Police Commissioner Dermot F. Shea, re: #1 Complaint,. Document filed by People of the State of New York, by Letitia James, Attorney General of the State of New York..(Clarke, Jessica) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Mayor Bill de Blasio, re: #1 Complaint,. Document filed by People of the State of New York, by Letitia James, Attorney General of the State of New York..(Clarke, Jessica) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint,. Document filed by People of the State of New York, by Letitia James, Attorney General of the State of New York..(Clarke, Jessica) |
| Filing 4 NOTICE OF APPEARANCE by Morenike Fajana on behalf of People of the State of New York, by Letitia James, Attorney General of the State of New York..(Fajana, Morenike) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-08924. Document filed by People of the State of New York, by Letitia James, Attorney General of the State of New York..(Clarke, Jessica) |
| Filing 2 CIVIL COVER SHEET filed..(Clarke, Jessica) |
| Filing 1 COMPLAINT against Chief of Department Terence A. Monahan, City Of New York, Mayor Bill de Blasio, Police Commissioner Dermot F. Shea. (Filing Fee $ 402.00, Receipt Number ANYSDC-23509112)Document filed by People of the State of New York, by Letitia James, Attorney General of the State of New York..(Clarke, Jessica) |
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