Edward Mullins v. City of New York et al
| Edward Mullins |
| NYPD Police Commissioner Dermot Shea, CCRB Executive Director Jonathan Darche, City of New York, acting through the New York City Police Department and the Civilian Complaint Review Board, NYPD Assistant Chief Joseph B. Veneziano, CCRB Deputy Chief Prosecutor Suzanne D. O'Hare and NYPD Deputy Inspector Bienvenido Martinez |
| 1:2021cv05578 |
| June 25, 2021 |
| US District Court for the Southern District of New York |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
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Filing 31
ORDER: On July 23, 2021, I heard oral argument from the parties and issued an oral ruling denying the preliminary injunction requested by Plaintiff. (Doc. 29.) In light of my ruling, and in particular given that I found the pleadings did not make sufficient allegations to support the elements of Plaintiff's only claim for relief (see id. at 57:22-58:20), it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and with prejudice. Within thirty (30) days of this Order, any party may make an application, with sufficient argument, explaining why this action should be restored. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/22/2021) (mml)
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| Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/29/21 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....(Moya, Goretti) |
| Filing 29 TRANSCRIPT of Proceedings re: conference held on 7/29/2021 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Andrew Walker, (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 9/9/2021. Redacted Transcript Deadline set for 9/20/2021. Release of Transcript Restriction set for 11/17/2021..(Moya, Goretti) |
| Minute Entry for proceedings held before Judge Vernon S. Broderick: Show Cause Hearing held on 7/29/2021. (msa) |
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Filing 28
ORDER granting #19 Motion to File Amicus Brief; granting #23 Motion to File Amicus Brief. Accordingly, the Amicus Leave Motions are GRANTED. The Clerk of Court is respectfully directed to add the above-referenced non-parties as Interested Parties on the docket for this action and to terminate the open motions at Document Nos. 19 and 23. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/23/2021) (mml)
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| Filing 27 DECLARATION of Patrick E. Kelleher in Support re: #15 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff's Order to Show Cause addressed to Judge Vernon S. Broderick from Rebecca Quinn dated July 2, 2021.. Document filed by Edward Mullins..(Coles, Anthony) |
| Filing 26 DECLARATION of Edward Mullins in Support re: #15 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff's Order to Show Cause addressed to Judge Vernon S. Broderick from Rebecca Quinn dated July 2, 2021.. Document filed by Edward Mullins..(Coles, Anthony) |
| Filing 25 REPLY MEMORANDUM OF LAW in Support re: #15 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff's Order to Show Cause addressed to Judge Vernon S. Broderick from Rebecca Quinn dated July 2, 2021. . Document filed by Edward Mullins..(Coles, Anthony) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #24 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 24 PROPOSED ORDER. Document filed by Police Benevolent Association of the City of New York, Inc.. Related Document Number: #23 ..(Engel, Steven) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 23 MOTION to File Amicus Brief . Document filed by Police Benevolent Association of the City of New York, Inc.. (Attachments: #1 Amicus Brief of the Police Benevolent Association of the City of New York as Amicus Curiae in Support of Plaintiffs Motion for Preliminary Injunction).(Engel, Steven) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Police Benevolent Association of the City of New York, Inc...(Engel, Steven) |
| Filing 21 NOTICE OF APPEARANCE by Amisha R Patel on behalf of Police Benevolent Association of the City of New York, Inc...(Patel, Amisha) |
| Filing 20 NOTICE OF APPEARANCE by Steven A. Engel on behalf of Police Benevolent Association of the City of New York, Inc...(Engel, Steven) |
| Filing 19 MOTION to File Amicus Brief on Behalf of Suffolk County Police Conference, Inc., Suffolk County Police Benevolent Association, Inc., and Metropolitan Transportation Authority Police Benevolent Association, Inc.. Document filed by Suffolk County Police Conference, Inc., Suffolk County Police Benevolent Association, Inc., Metropolitan Transportation Authority Police Benevolent Association, Inc.. (Attachments: #1 Amicus Brief on Behalf of Suffolk County Police Conference, Inc., Suffolk County Police Benevolent Association, Inc., and Metropolitan Transportation Authority Police Benevolent Association, Inc., #2 Cover Letter for Motion for Leave to File Amicus Brief and Amicus Brief).(Kaminski, Alex) |
| Filing 18 DECLARATION of Rebecca Quinn in Opposition. Document filed by CCRB Deputy Chief Prosecutor Suzanne D. O'Hare, CCRB Executive Director Jonathan Darche, City of New York, NYPD Assistant Chief Joseph B. Veneziano, NYPD Deputy Inspector Bienvenido Martinez, NYPD Police Commissioner Dermot Shea. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E - Cases).(Quinn, Rebecca) |
| Filing 17 MEMORANDUM OF LAW in Opposition to Plaintiff's Order to Show Cause. Document filed by CCRB Deputy Chief Prosecutor Suzanne D. O'Hare, CCRB Executive Director Jonathan Darche, City of New York, NYPD Assistant Chief Joseph B. Veneziano, NYPD Deputy Inspector Bienvenido Martinez, NYPD Police Commissioner Dermot Shea..(Quinn, Rebecca) |
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Filing 16
ORDER: granting #15 Letter Motion for Extension of Time to File Response/Reply re #15 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff's Order to Show Cause addressed to Judge Vernon S. Broderick from Rebecca Quinn dated July 2, 2021. Application Granted. SO ORDERED. Responses due by 7/16/2021 Replies due by 7/23/2021. (Signed by Judge Vernon S. Broderick on 7/07/2021) (ama)
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| Filing 15 LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff's Order to Show Cause addressed to Judge Vernon S. Broderick from Rebecca Quinn dated July 2, 2021. Document filed by CCRB Deputy Chief Prosecutor Suzanne D. O'Hare, CCRB Executive Director Jonathan Darche, City of New York, NYPD Assistant Chief Joseph B. Veneziano, NYPD Deputy Inspector Bienvenido Martinez, NYPD Police Commissioner Dermot Shea..(Quinn, Rebecca) |
| Filing 14 CERTIFICATE OF SERVICE of Complaint; Civil Cover Sheet; Proposed Order to Show Cause Without Emergency Relief; Memorandum of Law; Declaration of Andrew C. Quinn; Declaration of Edward Mullins, with accompanying exhibits thereto; and the Declaration of Vincent J. Vallelong served on CITY OF NEW YORK, acting through the New York City Police Department and the Civilian Complaint Review Board; NYPD POLICE COMMISSIONER DERMOT SHEA; NYPD DEPUTY INSPECTOR BIENVENIDO MARTINEZ; NYPD ASSISTANT CHIEF JOSEPH B. VENEZIANO; CCRB EXECUTIVE DIRECTOR JONATHAN DARCHE; and CCRB DEPUTY CHIEF PROSECUTOR SUZANNE D. OHARE on 06/25/2021. Service was made by by email to the designated service address. Document filed by Edward Mullins..(Coles, Anthony) |
| Filing 13 SUMMONS RETURNED EXECUTED Summons and Complaint, served. CCRB Deputy Chief Prosecutor Suzanne D. O'Hare served on 6/28/2021, answer due 7/19/2021; CCRB Executive Director Jonathan Darche served on 6/28/2021, answer due 7/19/2021; City of New York served on 6/28/2021, answer due 7/19/2021; NYPD Assistant Chief Joseph B. Veneziano served on 6/28/2021, answer due 7/19/2021; NYPD Deputy Inspector Bienvenido Martinez served on 6/28/2021, answer due 7/19/2021; NYPD Police Commissioner Dermot Shea served on 6/28/2021, answer due 7/19/2021. Service was made by the designated service e-mail address. Document filed by Edward Mullins..(Coles, Anthony) |
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Filing 12
ORDER TO SHOW CAUSE: ORDERED that the above-named Defendants appear via telephone. The parties shall enter the conference by dialing 1-888-363-4749 and entering access code 2682448 on July 29, 2021, at 10:00 a.m. to show cause why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure preliminarily enjoining all Defendants, and those acting in concert with them, during the pendency of this action from: (1) imposing any NYPD discipline on Sergeant Mullins relating to Mullins statements referred to in the CCRB Charges and Specifications against Sergeant Mullins dated April 23, 2021, and Mullins' statements and alleged failure to report referred to in the NYPD Charges and Specifications against Sergeant Mullins dated February 24, 2021; (2) pursuing any further investigation or disciplinary trial of Sergeant Mullins relating tohis statements referred to in the CCRB Charges and Specifications against SergeantMullins dated April 23, 2021, and Mullins' statements and alleged failure to reportreferred to in the NYPD Charges and Specifications against Sergeant Mullins datedFebruary 24, 2021; and (3) pursuing any efforts to suppress Sergeant Mullins use of the SBA Twitter accountto make statements on matters of public concern.and it is furtherORDERED, that opposition papers, if any, shall be served on Plaintiff via thisCourt's electronic filing system (ECF) no later than July 9, 2021; and it is furtherORDERED that reply papers, if any, shall be served by on Defendants via no later thanJuly 16, 2021; and it is furtherORDERED that service of a copy of this order and all papers on which it relies by emailto the New York City Law Department at its service address serviceECF@law.nyc.gov, and byUnited Postal Service or other overnight delivery service addressed to the New York City LawDepartment, 100 Church Street, New York, NY 10007, no later than July 2, 2021, shall bedeemed good and sufficient service. ( Show Cause Hearing set for 7/29/2021 at 10:00 AM before Judge Vernon S. Broderick.), ( Replies due by 7/16/2021.) Show Cause Response due by 7/9/2021. (Signed by Judge Vernon S. Broderick on 6/30/2021) (ate)
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| Filing 11 NOTICE OF APPEARANCE by Andrew C Quinn on behalf of Edward Mullins..(Quinn, Andrew) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to CCRB Deputy Chief Prosecutor Suzanne D. O'Hare, CCRB Executive Director Jonathan Darche, City of New York, NYPD Assistant Chief Joseph B. Veneziano, NYPD Deputy Inspector Bienvenido Martinez, NYPD Police Commissioner Dermot Shea. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Barbara C. Moses 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. (vf) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #4 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt) |
| Filing 9 DECLARATION of Vincent J. Vallelong in Support re: #4 Proposed Order to Show Cause Without Emergency Relief. Document filed by Edward Mullins..(Coles, Anthony) |
| Filing 8 DECLARATION of Edward Mullins in Support re: #4 Proposed Order to Show Cause Without Emergency Relief. Document filed by Edward Mullins. (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).(Coles, Anthony) |
| Filing 7 DECLARATION of Edward Mullins in Support re: #4 Proposed Order to Show Cause Without Emergency Relief. Document filed by Edward Mullins..(Coles, Anthony) |
| Filing 6 DECLARATION of Andrew C. Quinn, Esq. in Support re: #4 Proposed Order to Show Cause Without Emergency Relief. Document filed by Edward Mullins..(Coles, Anthony) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 Proposed Order to Show Cause Without Emergency Relief . Document filed by Edward Mullins..(Coles, Anthony) |
| Filing 4 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Edward Mullins..(Coles, Anthony) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, acting through the New York City Police Department and the Civilian Complaint Review Board, NYPD Police Commissioner Dermot Shea, NYPD Deputy Inspector Bienvenido Martinez, NYPD Assistant Chief Joseph B. Veneziano, CCRB Executive Director Jonathan Darche, CCRB Deputy Chief Prosecutor Suzanne D. O'Hare, re: #1 Complaint,. Document filed by Edward Mullins..(Coles, Anthony) |
| Filing 2 CIVIL COVER SHEET filed..(Coles, Anthony) |
| Filing 1 COMPLAINT against CCRB Deputy Chief Prosecutor Suzanne D. O'Hare, CCRB Executive Director Jonathan Darche, City of New York, acting through the New York City Police Department and the Civilian Complaint Review Board, NYPD Assistant Chief Joseph B. Veneziano, NYPD Deputy Inspector Bienvenido Martinez, NYPD Police Commissioner Dermot Shea. (Filing Fee $ 402.00, Receipt Number ANYSDC-24722896)Document filed by Edward Mullins..(Coles, Anthony) |
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