Eastwood et al v. The City of New York et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:05-cv-09483-RJS-JCF

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No Logo Chris Dwyer, Plaintiff

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Name Phone Fax E-Mail
Space Michael L Spiegel +1 212 587 8558 +1 212 571 7767 mikespieg@aol.com
No Logo Corey Eastwood, Plaintiff

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Name Phone Fax E-Mail
Space Michael L Spiegel +1 212 587 8558 +1 212 571 7767 mikespieg@aol.com
No Logo Daniel Dwyer, Plaintiff

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Name Phone Fax E-Mail
Space Michael L Spiegel +1 212 587 8558 +1 212 571 7767 mikespieg@aol.com
No Logo Gaurav Jashnani, Plaintiff

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Name Phone Fax E-Mail
Space Michael L Spiegel +1 212 587 8558 +1 212 571 7767 mikespieg@aol.com
No Logo Jesse Henry, Plaintiff

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Name Phone Fax E-Mail
Space Michael L Spiegel +1 212 587 8558 +1 212 571 7767 mikespieg@aol.com
v.
No Logo Carmine Fiore, Defendant

Toggle Switch Represented by Cozen O'Connor, PC

Name Phone Fax E-Mail
Space Jed Matthew Weiss +1 212 908 1210 +1 866 832 7206 jmweiss@cozen.com
No Logo David Cohen, Defendant
No Logo Does, Defendant
No Logo John Colgan, Defendant
No Logo Kavanagh, Defendant

Toggle Switch Represented by Cozen O'Connor, PC

Name Phone Fax E-Mail
Space Jed Matthew Weiss +1 212 908 1210 +1 866 832 7206 jmweiss@cozen.com
No Logo Kerry Sweet, Defendant
No Logo Patrick Quigley, Defendant

Toggle Switch Represented by Cozen O'Connor, PC

Name Phone Fax E-Mail
Space Jed Matthew Weiss +1 212 908 1210 +1 866 832 7206 jmweiss@cozen.com
No Logo Roes, Defendant
No Logo Ruby Marin-Jordan, Defendant
No Logo Shaun Gumbs, Defendant

Toggle Switch Represented by Cozen O'Connor, PC

Name Phone Fax E-Mail
Space Jed Matthew Weiss +1 212 908 1210 +1 866 832 7206 jmweiss@cozen.com
City of New York City of New York, Defendant
Officially listed as "The City of New York"

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
Space Curt Peter Beck +1 212 676 1395 +1 212 788 9776 cbeck@law.nyc.gov
Space Jay Alan Kranis +1 212 788 8683 +1 212 788 9776 jkranis@law.nyc.gov

Toggle Switch Represented by Cozen O'Connor, PC

Name Phone Fax E-Mail
Space Jed Matthew Weiss +1 212 908 1210 +1 866 832 7206 jmweiss@cozen.com
No Logo Thomas Doepfner, Defendant
Office Foley Square
Filed 11/9/2005
Jury Demand Plaintiff
Demand
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Civil Rights Act
Jurisdiction Federal Question
Disposition
County NewYork
Terminated
Origin 1
Reopened
Lead Case
104-cv-07922-RJS-JCF
Related Case
104-cv-09216-RJS-JCF
Other Court Case None
Def Custody Status
Flags CASREF, ECF, MEMBER, RELATED
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Legal Document (Payment Possibly Required) 170 Filed: 3/13/2014, Entered: None Court Filing
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Cheryl L. Shammas dated 3/12/2014 re: Defendants request that the Court adjourn the summary judgment deadline sine die. ENDORSEMENT: IT IS HEREBY ORDERED THAT the deadline for summary judgment motions regarding the five Plaintiffs named below is adjourned to 5/30/2014. Responses shall be due 6/30/2014 and replies shall be due 7/14/2014. No further extensions shall be given. ( Motion due by 5/30/2014. Responses due by 6/30/2014. Replies due by 7/14/2014.) (Signed by Judge Richard J. Sullivan on 3/13/2014) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) (Entered: 03/14/2014)
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    Legal Document (Payment Possibly Required) 169 Filed: 3/13/2014, Entered: None Court Filing
    ORDER: The Court has been informed that all RNC claims have been settled except for those brought by: (1) Brian Conley; (2) Yusuke Banno; (3) Valarie Brar; (4) Joshua Russell; (5) Kate Freitag; (6) Steven Ekberg; (7) Howard Gale; (8) Andrew St. Laurent; and (9) Robert Siegel. Accordingly, IT IS HEREBY ORDERED THAT all RNC cases, with the exception of the claims brought by the Plaintiffs listed above, are dismissed with prejudice but without costs. However, within thirty days of the date of this Order, any party may send a letter requesting to restore any action to the undersigned's calendar. Upon receipt of such a letter, the action will be restored. (Signed by Judge Richard J. Sullivan on 3/12/2014) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) (Entered: 03/13/2014)
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      Legal Document (Payment Possibly Required) 168 Filed: 1/31/2014, Entered: None Court Filing
      ORDER: The clerk of the court is respectfully directed to unseal and docket the six attached orders. (Signed by Judge Richard J. Sullivan on 1/31/2014) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) (Entered: 02/03/2014)
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        Legal Document (Payment Possibly Required) 167 Filed: 9/30/2013, Entered: None Court Filing
        ORDER: These motion were inadvertently omitted from the list of motions to be dismissed by the Court's August 9, 2013 Order in these case. The clerk of the court is also respectfully directed to terminate any other pending motions for reconsideration in any related RNC cases. SO ORDERED. Motions terminated: (103 in 1:07-cv-07752-RJS-JCF, 243 in 1:05-cv-06780-RJS-JCF, 167 in 1:05-cv-07669-RJS-JCF, 317 in 1:05-cv-08453-RJS-JCF, 233 in 1:05-cv-07670-RJS-JCF, 223 in 1:05-cv-07623-RJS-JCF, 138 in 1:05-cv-09738-RJS-JCF, 150 in 1:05-cv-09901-RJS-JCF, 209 in 1:05-cv-07624-RJS-JCF, 175 in 1:05-cv-07672-RJS-JCF, 225 in 1:05-cv-09484-RJS-JCF, 123 in 1:07-cv-07678-RJS-JCF, 121 in 1:07-cv-07751-RJS-JCF, 124 in 1:07-cv-07683-RJS-JCF, 138 in 1:05-cv-07541-RJS-JCF, 179 in 1:05-cv-08501-RJS-JCF, 175 in 1:05-cv-07668-RJS-JCF, 160 in 1:05-cv-03705-RJS-JCF, 163 in 1:05-cv-09483-RJS-JCF, 207 in 1:05-cv-07673-RJS-JCF, 142 in 1:05-cv-07546-RJS-JCF) MOTION for Reconsideration.. (Signed by Judge Richard J. Sullivan on 9/27/2013) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(ama) (Entered: 09/30/2013)
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          Legal Document (Payment Possibly Required) 166 Filed: 8/9/2013, Entered: None Court Filing
          ORDER: (Docket in all Related cases): IT IS HEREBY ORDERED THAT all motions for reconsideration pending in the Consolidated RNC Cases are dismissed without prejudice, subject to renewal at any party's request. IT IS FURTHER ORDERED THAT the parties shall submit a joint letter to the Court by September 9, 2013 advising it of the status of any efforts to resolve these actions without further litigation. In light of this Order, the Clerk of the Court is respectfully directed to terminate the following motions. SO ORDERED. (Signed by Judge Richard J. Sullivan on 8/09/2013) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(ama) (Entered: 08/12/2013)
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            Legal Document (Payment Possibly Required) 165 Filed: 1/17/2013, Entered: None
            NOTICE OF CHANGE OF ADDRESS by Michael L Spiegel on behalf of All Plaintiffs. New Address: Law Offices of Michael L. Spiegel, 11 Park Place, Suite 914, New York, New York, United States 10007, (212) 587-8558. (Spiegel, Michael) (Entered: 01/17/2013)
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              Legal Document (Payment Possibly Required) 164 Filed: 12/21/2012, Entered: None
              REPLY MEMORANDUM OF LAW in Support re: 158 MOTION for Reconsideration.. Document filed by The City of New York. (Beck, Curt) (Entered: 12/21/2012)
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                Legal Document (Payment Possibly Required) 163 Filed: 11/14/2012, Entered: None
                NOTICE OF PLAINTIFFS' MOTION FOR PARTIAL RECONSIDERATION OF THE COURT'S SEPTEMBER 30, 2012 OPINION AND ORDER GRANTING THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE PLAINTIFFS' NO-SUMMONS POLICY CLAIM, OR IN THE ALTERNATIVE, FOR AN ORDER DIRECTING ENTRY OF FINAL JUDGMENT UNDER FEDERAL RULE OF CIVIL PROCEDURE 54(B) AS TO THAT CLAIM. PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law dated November 14, 2012, and upon all prior proceedings and submissions to date, the MacNamara, Portera, and Retchshaffer Plaintiffs will move the Court before the Honorable Richard J. Sullivan, at the United States Courthouse for the Southern District of New York, located at 500 Pearl Street, New York, New York 10007, on a date and time to be determined by the Court, pursuant to Local Civil Rule 6.3 of the United States District Courts of the Southern and Eastern Districts of New York for an order reconsidering the portion of the Court's September 30, 2012 Opinion and Order granting the defendants' motion for summary judgment on the plaintiffs' No-Summons Policy claim and, upon reconsideration, modifying the September 30 Opinion and Order; or in the alternative, for the Court to direct entry of final judgment under Federal Rule of Civil Procedure 54(b) as to the plaintiffs' No-Summons Policy claim if it decides not to grant reconsideration; and for such other relief as the Court deems appropriate. Pursuant to Local Rule 6.3(b), any answering memoranda shall be served within fourteen days after service of the moving papers. (Pertains to Motion Doc. No. 516 for Reconsideration of Doc. No. 507 in Case No. 04cv9216). Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Entry made pursuant to Order Doc. No. 636 in Case No. 04cv7922. (rjm) (Entered: 12/06/2012)
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                  Legal Document (Payment Possibly Required) 162 Filed: 11/20/2012, Entered: None Court Filing
                  ENDORSED LETTER addressed to Judge Richard J. Sullivan from Raju Sundaran dated 11/16/12 re: Counsel writes on behalf of the parties to propose the following schedule concerning the motions for reconsideration: oppositions due on Wednesday, December 12, 2012; and Replies due on Friday, December 21, 2012. ENDORSEMENT: So ordered. (Responses due by 12/12/2012. Replies due by 12/21/2012.) (Signed by Judge Richard J. Sullivan on 11/19/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Entry made pursuant to Order Doc. No. 636 in Case No. 04cv7922. (rjm). (Entered: 12/06/2012)
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                    Legal Document (Payment Possibly Required) 161 Filed: 12/5/2012, Entered: None Court Filing
                    ORDER. IT IS HEREBY ORDERED THAT Defendants shall respond to Mr. Meyerson's letter proposing that the Court set trials for his clients' cases by December 12, 2012. IT IS FURTHER ORDERED THAT the parties in Dudek v. City of New York, et al., No. 04 Civ. 10178 (RJS), Bell v. City of New York, et al., No. 05 Civ. 3705 (RJS), Starin v. City of New York, et al., No. 05 Civ. 5152 (RJS), Lahn Sheen Lee v. City of New York, et al., No. 05 Civ. 5528 (RJS), and Cohen v. City of New York, et al., No. 05 Civ. 6780 (RJS) shall appear for a pretrial conference on Friday, January 4, 2013 at 4:15 p.m. Mr. Meyerson also requests that the Court make specific findings concerning the circumstances of Plaintiffs Carol Dudek, Julia Cohen and Jennifer Lahn Sheen Lee. the Court denied the parties' summary judgment cross-motions as further set forth in this order. Thus, Mr. Meyerson's requests are HEREBY DENIED. Finally, the Clerk of the Court is respectfully requested to docket the motion for reconsideration submitted in case No. 04 Civ. 9216 (RJS) in the following cases: Dudek v. City of New York, et al., No. 04 Civ. 10178, Bell v. City of New York, et al., No. 05 Civ. 3705, Starin v. City of New York, et al., No. 05 Civ. 5152, Lahn Sheen Lee v. City of New York, et al., No. 05 Civ. 5528, Meehan, et al., v. Stanich, et al., No. 05 Civ. 5268, Cohen v. City of New York, et al., No. 05 Civ. 6780, Pagoda v. Caban, et al., No. 05 Civ. 7546, Coburn, et al., v. City of New York, et al., No. 05 Civ. 7623, Phillips, et al., v. City of New York, et al., No. 05 Civ. 7624, Sloan, et al., v. City of New York, et al., No. 05 Civ. 7688, Galitzer v. City of New York, et al., No. 05 Civ. 7699, Bastidas, et al., v. City of New York, et al., No. 05 Civ. 7670, Xu, et al., v. City of New York, et al., No. 05 Civ. 7672, Sikelianos v. City of New York, et al., No. 05 Civ. 7673, Drescher v. City of New York, et al., No. 05 Civ. 7541, Abdell v. City of New York, No. 05 Civ. 8453, Concepcion v. City of New York, et al., No. 05 Civ. 8501, Eastwood v. City of New York, No. 05 Civ. 9483, Adams v. City of New York, No. 05 Civ. 9484, Araneda v. City of New York, No. 05 Civ. 9738, Tikkun v. City of New York, et al., No. 05 Civ. 9901, Kennedy v. City of New York, No. 07 Civ. 7678, Manders, et al. v. City of New York, et al., No. 07 Civ. 7752, Jusick, et al. v. City of New York, et al., No. 07 Civ. 7683, and Rigby v. City of New York, et al., No. 07 Civ. 7751. In addition, the Clerk of the Court is respectfully requested to docket the scheduling order issued in the above-captioned action as Doc. No. 635 in all related RNC actions. (Signed by Judge Richard J. Sullivan on 12/4/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(rjm) (Entered: 12/05/2012)
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                      Legal Document (Payment Possibly Required) 160 Filed: 11/14/2012, Entered: None
                      SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 158 MOTION for Reconsideration.. Document filed by The City of New York. (Beck, Curt) (Entered: 11/14/2012)
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                        Legal Document (Payment Possibly Required) 159 Filed: 11/7/2012, Entered: None
                        MEMORANDUM OF LAW in Opposition re: 158 MOTION for Reconsideration.. Document filed by David Cohen, John Colgan, Thomas Doepfner, Carmine Fiore, Shaun Gumbs, Kavanagh, Ruby Marin-Jordan, Patrick Quigley, Kerry Sweet, The City of New York. (Beck, Curt) (Entered: 11/07/2012)
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                          Legal Document (Payment Possibly Required) 158 Filed: 11/7/2012, Entered: None
                          MOTION for Reconsideration. Document filed by David Cohen, John Colgan, Thomas Doepfner, Carmine Fiore, Shaun Gumbs, Kavanagh, Ruby Marin-Jordan, Patrick Quigley, Kerry Sweet, The City of New York.(Beck, Curt) (Entered: 11/07/2012)
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                            Legal Document (Payment Possibly Required) 157 Filed: 10/16/2012, Entered: None Court Filing
                            ORDER: To avoid the need to issue separate extensions in the many consolidated actions, IT IS HEREBY ORDERED THAT the parties in all related RNC cases shall have until November 7, 2012 to submit motions for reconsideration. ( Motions due by 11/7/2012.) (Signed by Judge Richard J. Sullivan on 10/15/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) (Entered: 10/16/2012)
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                              Legal Document (Payment Possibly Required) 156 Filed: 9/30/2012, Entered: None Court Filing
                              OPINION AND ORDER: For the reasons set forth above,Defendants motions for summary judgment with respect to the false arrest claims at Fulton Street are HEREBY DENIED, and Plaintiffs motions for summary judgmentwith respect to the false arrest claims at Fulton Street are GRANTED. With respect to the false arrest claims at East 16th Street, Defendants and Plaintiffs cross-motions for summary judgment are DENIED. Defendants motions for summary judgment with respect to the constitutionality of the No-Summons and Fingerprinting Policies are GRANTED. Plaintiffs motions for summary judgment with respect to their state law fingerprinting claims are GRANTED, and Defendants motions are DENIED. Plaintiffs motion to strike is DENIED. re: (107 in 1:05-cv-05152-RJS-JCF) MOTION for Partial Summary Judgment filed by Elizabeth Starin, (214 in 1:05-cv-01563-RJS-JCF, 81 in 1:05-cv-07575-RJS-JCF, 88 in 1:05-cv-07548-RJS-JCF, 80 in 1:05-cv-07536-RJS-JCF, 267 in 1:04-cv-07921-RJS-JCF, 129 in 1:05-cv-09930-RJS -JCF, 180 in 1:05-cv-07624-RJS-JCF, 193 in 1:05-cv-07623-RJS-JCF, 202 in 1:05-cv-01571-RJS-JCF, 85 in 1:05-cv-01574-RJS-JCF, 146 in 1:05-cv-07672-RJS-JCF, 176 in 1:05-cv-09484-RJS-JCF, 57 in 1:07-cv-07741-RJS-JCF, 134 in 1:05-cv-09483-RJS-JCF, 105 in 1:05-cv-05268-RJS-JCF, 74 in 1:07-cv-07752-RJS-JCF, 211 in 1:05-cv-06780-RJS-JCF, 184 in 1:05-cv-01567-RJS-JCF, 178 in 1:05-cv-07673-RJS-JCF, 169 in 1:05-cv-01562-RJS-JCF, 105 in 1:05-cv-09985-RJS-JCF, 83 in 1:05-cv-02927-RJS-JCF, 181 in 1:05-cv-07670-RJS-JCF, 81 in 1:05-cv-05150-RJS-JCF, 204 in 1:05-cv-05080-RJS-JCF, 118 in 1:05-cv-03705-RJS-JCF, 175 in 1:05-cv-07579-RJS-JCF, 62 in 1:05-cv-09940-RJS-JCF, 214 in 1:05-cv-07577-RJS-JCF, 68 in 1:05-cv-10010-RJS-JCF, 135 in 1:04-cv-10178-RJS-JCF, 88 in 1:05-cv-03616-RJS-JCF, 50 in 1:05-cv-09987-RJS-JCF, 43 in 1:08-cv-09098-RJS-JCF, 77 in 1:05-cv-07025-RJS-JCF, 105 in 1:05-cv-07546-RJS-JCF, 72 in 1:07-cv-07751-RJS-JCF, 578 in 1:04-cv-07922-RJS-JCF, 97 in 1:05-cv-07626-RJS-JCF, 167 in 1:05-cv-01568-RJS-JCF, 79 in 1:05-cv-06193-RJS-JCF, 124 in 1:05-cv-07026-RJS-JCF, 66 in 1:05-cv-10024-RJS-JCF, 94 in 1:07-cv-07683-RJS-JCF, 181 in 1:05-cv-01565-RJS-JCF, 98 in 1:05-cv-01573-RJS-JCF, 56 in 1:06-cv-01779-RJS-JCF, 74 in 1:05-cv-06918-RJS-JCF, 450 in 1:04-cv-09216-RJS -JCF, 131 in 1:05-cv-04949-RJS-JCF, 51 in 1:05-cv-07789-RJS-JCF, 84 in 1:05-cv-07625-RJS-JCF, 82 in 1:07-cv-07678-RJS-JCF, 109 in 1:05-cv-07541-RJS-JCF, 105 in 1:06-cv-00433-RJS-JCF, 109 in 1:05-cv-09738-RJS-JCF, 96 in 1:05-cv-01569-RJS-JCF, 78 in 1:05-cv-03478-RJS-JCF, 267 in 1:05-cv-08453-RJS-JCF, 86 in 1:05-cv-09974-RJS-JCF, 146 in 1:05-cv-07668-RJS-JCF, 87 in 1:05-cv-07547-RJS-JCF, 119 in 1:05-cv-05528-RJS-JCF, 111 in 1:05-cv-05152-RJS-JCF, 193 in 1:05-cv-01566-RJS-JCF, 87 in 1:05-cv-02910-RJS-JCF, 204 in 1:05-cv-01570-RJS-JCF, 138 in 1:05-cv-07669-RJS-JCF, 150 in 1:05-cv-07580-RJS-JCF, 208 in 1:05-cv-01564-RJS-JCF, 191 in 1:05-cv-01572-RJS-JCF, 51 in 1:07-cv-07583-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy. filed by The City of New York, (101 in 1:05-cv-05268-RJS-JCF) MOTION for Summary Judgment Dismissing False Arrest Claims at Church/Fulton Streets. filed by The City of New York, (262 in 1:05-cv-08453-RJS-JCF) MOTION for Summary Judgment Dismissing False Arrest Claims at Church/Fulton Streets. filed by The City of New York, (565 in 1:04-cv-07922-RJS-JCF) MOTION for Summary Judgment Dismissing False Arrest Claims At Church/Fulton Streets. filed by All Defendants, (178 in 1:05-cv-09484-RJS-JCF) MOTION for Summary Judgment. filed by Joseph Lamendola, David Cohen, James Essig, Thomas Doepfner, Ruby Marin-Jordan, Kerry Sweet, Jeremiah Malone, Stephen Hammerman, Jonathan Quimby, John Colgan, Cuong Nguyen, Gerald Dieckmann, John and Jane Does, The City of New York, Remy Randall, Victor Perez, Daniel Ryan, James Rufle, (178 in 1:05-cv-07670-RJS-JCF) MOTION for Summary Judgment. filed by Betty Bastidas, Gregg Ross, Lauren Caspar, Jerel Walden, (262 in 1:04-cv-07921-RJS-JCF) MOTION for Summary Judgment. filed by James Essig, Raymond Kelly, City of New York, (76 in 1:07-cv-07678-RJS-JCF) MOTION for Partial Summary Judgment. filed by Janine Altongy, Debasri Ghosh, Megan Kennedy, Carre Adams, (187 in 1:05-cv-01572-RJS-JCF) MOTION for Summary Judgment Dismissing False Arrest Claims at Church/Fulton Streets. filed by All Defendants, (258 in 1:05-cv-08453-RJS-JCF) MOTION for Partial Summary Judgment. filed by Katharine Krassan, Adam Richins, John M. Miller, Barrett Z. Gross, Thomas Catchpole, Susan D'Ornellas, Selma Spritzer, Jeffrey A. Paterson, Adam Feinstein, Nathaniel Parry, Jennifer Janney, Jay Marx, Daniel Burns, Ruth Benn, Daniel W. Parrott, Ann Trudell, Susan Crane, Thomas Ivors, Frantz Walker, Sarah Kanouse, Tristan Migliore, Raissa Wu, Devon Rueckner, John Trinkl, Bruce Renwick, Stephen Gamboa, Lois A. Doggett, James J. White, Kathleen Burick, Joan Cavanagh, Christine Pardew, Oren Goldenberg, Edward F. Kinane, James Flynn, Lawrence Paris, Felton Davis, Patricia Debruhl, Gary Ashbeck, Kimberly Kern, Steven Scofield, Alexander Holley Drummond, David Barrows, Ellen Grady, Raymond Robinson, Howard J. Gale, John Behling, Andrew St. Laurent, Katherine Poe, Sarah Tepsic, Jonothan Logan, Ed Hedemann, Gordon William Sensiba, Teran Wilson, Benjamin Bernard, Diane Beeny, James Williamson, Jason Dorais, Anais Sensiba, David Gordon, Roger Hill, Chris G. Murray, Calla Evans, Shana Rigby, Edward Hotchkiss, Linnea Capps, Ryan D. Hottle, John Larson, Blossom Nicinski, Walter Ditman, James Wilson, Mark Colville, Matthew Wright, Tobiah Gaster, Daniel O'Reilly-Rowe, Ronald W. San Marchi, John Theodore Glick, Ellen Barfield, Michael Palmer, Steven Ekberg, Jay Kantor, Arun Bhalla, Edward Gibbons, Marc F. Church, Benjamin Hunt, Kathleen D. Hernandez, Joshua Knapp, Thomas Zambeck, Zachary Vreeland, Matthew Dietzen, Jennifer Wong, James Noonan, Laura Kressly, Richard Hardie, Tessa M. Lalonde, Stephen Petrick, Marielle Lovecchio, Laura Raymond, Pepper Judd, Theresa Swink, Dewayne Dickerson, Jared Lanctot, Lambert Rochfort, Dwight Jenkins, Janet S. Howe, Tarasik Abdell, Shannon Petrello, Joseph Amato, Colleen Cook, Matthew Kocek, Gabriel Gaster, Michael Joseph, Brian Kavanagh, Robert J. Siegel, Polly A. Davies, Deborah Riverbend, Ryan McGee, Barbara Ann Meisinger, Andrew Laken, Zachary C. Miller, Mora MI-OK Stephens, Charles Goldberg, Jeffery J. Cohen, Ronald E. Rosenberg, Frank Sanchez, III, Michael Becker, Mark Nechay, Theodore Glick, Christy Ann Turner, William Conwell, (210 in 1:05-cv-07577-RJS-JCF) MOTION for Summary Judgment. filed by All Defendants, (442 in 1:04-cv-09216-RJS -JCF) MOTION for Summary Judgment Dismissing False Arrest Claims at Church/Fulton Streets. filed by City of New York, (568 in 1:04-cv-07922-RJS-JCF) MOTION for Partial Summary Judgment. filed by Francesca Firoentini, Robert Curely, Michael Schiller, Neal Curley, (114 in 1:05-cv-03705-RJS-JCF) MOTION for Summary Judgment Notice of Motion. filed by William Tracey, Terrence Monahan, Matthew Delguadio, John J. Colgan, Raymond Kelly, New York City Police Officer Jose Perez, The City of New York, Bruce Smolka, James Franzo, James Essig, Joseph Esposito, Thomas Graham, Michael Bloomberg, Thomas Galati, Gerald Dieckmann, (127 in 1:04-cv-10178-RJS-JCF) MOTION for Partial Summary Judgment. filed by Carol Dudek, (209 in 1:05-cv-07577-RJS-JCF) MOTION for Summary Judgment. filed by All Defendants, (206 in 1:05-cv-05080-RJS-JCF) MOTION for Summary Judgment Notice of Motion. filed by Abdiel Anderson, Mark E. Keegan, Timothy Rogers, Kerry R. Sweet, Francisco Alcantara, John J. Colgan, Jane and John Does, Raymond Kelly, The City of New York, Eunpa Chun, Jessica Knatz, Linda Holmes, Charles Chaplar, Cynthia Rosario, Jorge Encarnacion, Sulman Zaheer, John Weiser, Stephen Hammerman, James Essig, Ruby Marin-Jordan, Joseph Esposito, David Cohen, Prince Williams, Thomas Doepfner, Darren Rock, Derrick Baity, Gregory Bell, Frank Marousek, Steven Ricca, Michael Bloomberg, Diane Hayes, Thomas Galati, Nicholas Gravino, Jack McManus, James Galati, Gerald Dieckmann, Julio Calle, (206 in 1:05-cv-07577-RJS-JCF) MOTION for Partial Summary Judgment (E. 16th Street). filed by All Plaintiffs, (174 in 1:05-cv-09484-RJS-JCF) MOTION for Partial Summary Judgment. filed by Brian Hurley, Rue Sakayama, Gabriel Cohn, Clifford Kaplan, Jaie Bosse, Robert Pietri, Althea Lewis, Haideen Anderson, James Steitz, Daniel Perry, David Zalk, Naimah Fowler, Michael Reilly, Nadgia Lara, Daniel Zarrella, Seth Wessler, Erica Mitrano, David Hill, David Maddox, Erik Henriksen, Nancy Diamond, Denise Rubinfeld, Emily Paine, Jesse Rosemoore, Scott O'Dierno, Benjamin Cody, Ryan Doxtader, Jessica Taft, Zachary Goldstein, Sada Stipe, Courtney Lee Adams, John Flanigan, Barbara Jane Harden Jones, Kristin Kojis, Michael Fix, Scott Beibin, Miho Schutzenhofer, Richard Lovejoy, Eric Corley, Adrianne Wilcox, Sarah Palmer, Sandor Katz, Edward Codel, Marlene Flaton, Trevor Giuliani, Dominick Sassone, Michelle Kaye, Greg Griffith, Nazie Shekarchi, Rebecca Sutton, Christopher Shortridge, Michael Gindi, Steven Black, David Geocos, Christina Argyros, Alexis Shotwell, Juanpablo Juarez, Jeffrey Parrott, Thomas Adamson, Daniel Gingold, Cynthia Rosin, Brian Lucrezia, Lily Hughes-Dunn, Yasmine Farhang, Aisha Jabour, Ellen Tuzzolo, Sidney Vault, Jennifer Lahn, Rebecca Wood, Daniel Reed, Thomas Bacon, Robert Ponce, Chris Agnese, Dana Pryor, Lisa Martin, Noah Weiss, Roger Vilanova Marques, Aaron Maret, Sabine Aronowsky, Eugeni Averbakh, Christina Benson, Angel Rivera, James Graham, Marian Geocos, Arielle Soloff, Jennifer Giles, Joel Viertel, (117 in 1:05-cv-09901-RJS-JCF) FIRST MOTION for Partial Summary Judgment. filed by Kaitlyn Tikkun, (186 in 1:05-cv-07670-RJS-JCF) MOTION for Summary Judgment. filed by Richard Roes, John J. Colgan, Hudson River Park Trust, Perez, Lorenzo Johnson, Raymond Kelly, The City of New York, Daniel Albano, Kevin Sam, Bruce Smolka, Salvatore DiMaggio, Stephen Hammerman, James Essig, Ruby Marin-Jordan, Mark Keegan, Joseph Esposito, Thomas Graham, David Cohen, Thomas Doepfner, Kerry Sweet, Derrick Baity, Michael Bloomberg, Patrick Cortright, James Rufle, Terence Monahan, Thomas Galati, Jack McManus, Gerald Dieckmann, John Does, Beatty, (136 in 1:05-cv-08501-RJS-JCF) MOTION for Summary Judgment To Dismiss The False Arrest Claims Of Plaintiffs Arrested On East 16th Street. filed by John Fernandez, The Republican National Committee, John Does 1-15, The City of New York, Jane Fernandez, Alexis Fernandez, (447 in 1:04-cv-09216-RJS -JCF) MOTION for Partial Summary Judgment by Plaintiffs Erika Biddle, Sonia Chandra, Deepa Majmudar, Celine Malanum, Danielle Walsh and Emily Friedman. filed by Erika Biddle, (201 in 1:05-cv-05080-RJS-JCF) MOTION for Partial Summary Judgment. filed by Noel Grosso, (184 in 1:05-cv-01572-RJS-JCF) MOTION for Partial Summary Judgment (Fulton Street). filed by Aubryn Sidle, (133 in 1:05-cv-08501-RJS-JCF) MOTION for Summary Judgment. filed by Jody Concepcion, (256 in 1:04-cv-07921-RJS-JCF) MOTION for Partial Summary Judgment. filed by Ann Maurer, Ashley Waters, Hacer Dinler, (78 in 1:07-cv-07678-RJS-JCF) MOTION for Summary Judgment. filed by The City of New York, John Colgan, Stephen Hammerman, James Essig, Ruby Marin-Jordan, David Cohen, Thomas Doepfner, Kerry Sweet, Gerald Dieckmann, (116 in 1:05-cv-05152-RJS-JCF) MOTION for Partial Summary Judgment To Dimiss The False Arrest Claims Of Plaintiffs Arrested On East 16th Street. filed by New York City Police Officer Abdiel Anderson, William Tracey, John J. Colgan, Raymond Kelly, Joseph Delguardo, The City of New York, Bruce Smolka, Matthew Delgaudio, James Franzo, James Essig, Joseph Esposito, Thomas Graham, Michael Bloomberg, Terence Monahan, Thomas Galati, Gerald Dieckmann, (463 in 1:04-cv-09216-RJS -JCF) MOTION for Partial Summary Judgment on behalf of Simon Harak, Diana Raimondi and William Steyert and all others similarly situated. filed by Simon Harak, (114 in 1:05-cv-09901-RJS-JCF) MOTION for Summary Judgment. filed by Richard Roes, Hernandez, Ann Rubio, Diane Edwards, Works, Felice Sims, James Does, James Doe, Robert N. Davoren, John J. Colgan, Julie Does, Nicholas Estavillo, Raymond Kelly, Debra Stremel, Deborah Jacques, Alexander Laera, The City of New York, Daniel Albano, Giovannia Cancel, Bruce Smolka, Martin F. Horn, Sheila Veerapen, Autuam Carr, Saldo, Constance Blakeney, Jane Does, Stephen Hammerman, Williams-Anderson, Thomas Purtell, Sonia Pagan, James Essig, Williams-Robinson, Ruby Marin-Jordan, Mark Keegan, Joseph Esposito, Thomas Graham, Joseph Lamendola, Patrick Devlin, Gelinda Gethers, Chandra Barnes, Cheri Gatling, Paul Deentremont, Thomas Doepfner, Pamela Harris, Kerry Sweet, Evelyn Rivera, Willa Campbell, Michael Bloomberg, Patrick Cortright, Terence Monahan, Robert Roes, Thomas Galati, Anthony Johnson, Sharon Feaggins, John Connolly, Jacqueline Harrison, Gerald Dieckmann, John Does, (110 in 1:05-cv-03705-RJS-JCF) MOTION for Partial Summary Judgment. filed by Cathie L. Bell, (131 in 1:04-cv-10178-RJS-JCF) MOTION for Summary Judgment. filed by Terrence Monahan, John J. Colgan, Raymond Kelly, Sally Rowes, Bruce Smolka, "Joe" Franzo, Fackler, James Essig, City of New York, Joseph Esposito, Thomas Graham, Quimby, "Joe" Tracey, N. Perez, Gerald Dieckmann, John Does. By October 31, 2012, the parties shall submit a joint letter regarding the proposed next steps in these actions. In doing so, the parties should take this opportunity to reflect on this litigation and the prospects for a fair resolution of the remaining claims. (Signed by Judge Richard J. Sullivan on 9/30/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(ago) (Entered: 10/01/2012)
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                                Legal Document (Payment Possibly Required) 155 Filed: 5/25/2012, Entered: None Court Filing
                                ORDER: Plaintiffs shall open with argument on their summary judgment motions concerning mass arrests at Fulton Street and East 16th Street. Defendants shall respond to Plaintiffs arguments and present argument regarding their motion for summary judgment on the no summons policy. Plaintiffs may then use their remaining time to reply. Finally, Defendants may use their remaining time to reply regarding the no summons policy. (Signed by Judge Richard J. Sullivan on 5/25/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (pl) (Entered: 05/25/2012)
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                                  Legal Document (Payment Possibly Required) 154 Filed: 4/24/2012, Entered: None Court Filing
                                  ORDER: It is hereby Ordered that the oral argument is adjourned to 5/31/12 at 3:30 p.m. ( Oral Argument set for 5/31/2012 at 03:30 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 4/23/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (jfe) (Entered: 04/24/2012)
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                                    Legal Document (Payment Possibly Required) 153 Filed: 4/10/2012, Entered: None Court Filing
                                    ORDER: Accordingly, IT IS HEREBY ORDERED THAT the parties shall appear for oral argument regarding the parties' cross-motions on May 14, 2012 at 3:00 p.m. Each side will have one hour to argue. Plaintiffs in the related cases shall consult among themselves to determine who will argue on behalf of Plaintiffs, and submit a letter no later than May 7, 2012 advising the Court as to that determination. ( Oral Argument set for 5/14/2012 at 03:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 4/10/2012) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (mro) (Entered: 04/10/2012)
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                                      Legal Document (Payment Possibly Required) 152 Filed: 12/8/2011, Entered: None Court Filing
                                      ENDORSED LETTER addressed to Judge Richard J. Sullivan from Jeffrey A. Dougherty dated 12/6/2011 re: Accordingly, Defendants respectfully request that Your Honor "so order" the Clerk of Court to accept and file discs "under seal" containing Defendants' rely papers regarding their motion for summary judgment consisting of: (1) Defendants' Reply Brief; (2) Defendants' Reply 56.1 Statement; and (3) the Declaration of Jeffrey A. Dougherty dated November 23, 2011 in each of the forty-three RNC Consolidated Cases listed in Appendix A. annexed hereto. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/7/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(djc) (Entered: 12/29/2011)
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                                        Legal Document (Payment Possibly Required) 151 Filed: 12/23/2011, Entered: None
                                        DVD of Fulton Street Video by Jon Fine dated 8/31/04. ***Accepted for filing by the Honorable Richard J. Sullivan on 12/14/11, document #619. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(mro) (Entered: 12/27/2011)
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                                          Legal Document (Payment Possibly Required) 150 Filed: 12/14/2011, Entered: None Court Filing
                                          ORDER: no later than December 19, 2011, all Plaintiffs in related RNC cases shall submit a joint letter to the Court definitively setting forth which Plaintiffs join which motions and briefing. (Signed by Judge Richard J. Sullivan on 12/14/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (cd) (Entered: 12/14/2011)
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                                            Legal Document (Payment Possibly Required) 149 Filed: 12/14/2011, Entered: None Court Filing
                                            ORDER: Accordingly, IT IS HEREBY ORDERED THAT Plaintiffs' motion is deemed made. The Court reserves judgment on the motion and will rule on it when it rules on Defendants' motion for summary judgment on the no-summons and fingerprinting policies. (Signed by Judge Richard J. Sullivan on 12/14/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (cd) (Entered: 12/14/2011)
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                                              Legal Document (Payment Possibly Required) 148 Filed: 12/14/2011, Entered: None Court Filing
                                              ORDER: Accordingly, IT IS HEREBY ORDERED THAT Plaintiffs may physically file the DVD described in their letter with the Clerk of the Court. IT IS FURTHER ORDERED THAT Plaintiffs shall file any documents in support of disputed facts in their Rule 56.1 Statements no later than December 21, 2011. As stated in the Court's November 22, 2011 Order, Plaintiffs are directed to limit such exhibits to provide only the relevant and necessary portions. (Signed by Judge Richard J. Sullivan on 12/14/2011) Copies Mailed By ChambersFiled In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) (Entered: 12/14/2011)
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                                                Sealed Legal Document 147 Filed: 12/9/2011, Entered: None
                                                SEALED DOCUMENT placed in vault.(nm) (Entered: 12/09/2011)
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                                                  Legal Document (Payment Possibly Required) 146 Filed: 11/23/2011, Entered: None
                                                  DECLARATION of Jeffrey Dougherty in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. (Attachments: # 1 Exhibit A to C, # 2 Exhibit D, E, # 3 Exhibit F, # 4 Exhibit F Continued, # 5 Exhibit G, H, # 6 Exhibit I to N, # 7 Exhibit O to S, # 8 Exhibit T to V)Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Shammas, Cheryl) (Entered: 11/23/2011)
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                                                    Legal Document (Payment Possibly Required) 145 Filed: 11/23/2011, Entered: None
                                                    RULE 56.1 STATEMENT. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Shammas, Cheryl) (Entered: 11/23/2011)
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                                                      Legal Document (Payment Possibly Required) 144 Filed: 11/23/2011, Entered: None
                                                      REPLY MEMORANDUM OF LAW in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York, The City of New York, The City of New York, The City of New York, The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Shammas, Cheryl) (Entered: 11/23/2011)
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                                                        Legal Document (Payment Possibly Required) 143 Filed: 11/22/2011, Entered: None Court Filing
                                                        ORDER: The Court is in receipt of the following submissions: (1) a letter from Defendants, dated November 18, 2011, requesting that the Court permit Defendants to file enlarged submissions in their forthcoming reply briefing; and (2) a letter from Plaintiffs, dated November 21, 2011, consenting to Defendants' request and also requesting leave to file expanded submissions. Accordingly, IT IS HEREBY ORDERED THAT each side shall submit reply briefs totaling no more than seventy-five (75) pages. For the sake of clarification, this means that all Plaintiffs, collectively, shall submit no more than 75 pages of briefing in total. IT IS FURTHER ORDERED THAT, to the extent that the parties file exhibits not previously submitted to support facts in their Rule 56.1 Statements that an opposing party has disputed, the limits on the number and length of exhibits do not apply. However, the parties are directed to limit such exhibits to provide only the relevant and necessary portions. (Signed by Judge Richard J. Sullivan on 11/22/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. ***as per Chambers. Copies Mailed By Chambers. (mro) (Entered: 11/22/2011)
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                                                          Legal Document (Payment Possibly Required) 142 Filed: 10/20/2011, Entered: None Court Filing
                                                          ORDER: Accordingly, IT IS HEREBY ORDERED THAT Defendants' request to prevent Plaintiffs from relying on documents not submitted to the Court is denied. To the extent that Defendants dispute facts set forth in Plaintiffs' Rule 56.1 statements, they may require Plaintiffs to produce supportive documents. Because enlarged briefing is likely necessary to allow the parties to respond to one another's voluminous submissions accompanying the summary judgment motions, IT IS FURTHER ORDERED THAT the parties may file opposition submissions consistent with the limitations set forth in the Court's September 30, 2011 Order. However, because the briefing schedule has been in place since July, and the Court sees no need for an extension of time, IT IS FURTHER ORDERED THAT Plaintiffs' request for an extension of the briefing schedule is denied. (Signed by Judge Richard J. Sullivan on 10/20/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (jfe) (Entered: 10/21/2011)
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                                                            Legal Document (Payment Possibly Required) 141 Filed: 10/4/2011, Entered: None
                                                            DECLARATION of David Cohen in Support re: (214 in 1:05-cv-01563-RJS-JCF, 81 in 1:05-cv-07575-RJS-JCF, 88 in 1:05-cv-07548-RJS-JCF, 80 in 1:05-cv-07536-RJS-JCF, 267 in 1:04-cv-07921-RJS-JCF, 129 in 1:05-cv-09930-RJS -JCF, 180 in 1:05-cv-07624-RJS-JCF, 193 in 1:05-cv-07623-RJS-JCF, 202 in 1:05-cv-01571-RJS-JCF, 85 in 1:05-cv-01574-RJS-JCF, 146 in 1:05-cv-07672-RJS-JCF, 176 in 1:05-cv-09484-RJS-JCF, 57 in 1:07-cv-07741-RJS-JCF, 134 in 1:05-cv-09483-RJS-JCF, 105 in 1:05-cv-05268-RJS-JCF, 74 in 1:07-cv-07752-RJS-JCF, 211 in 1:05-cv-06780-RJS-JCF, 184 in 1:05-cv-01567-RJS-JCF, 178 in 1:05-cv-07673-RJS-JCF, 169 in 1:05-cv-01562-RJS-JCF, 105 in 1:05-cv-09985-RJS-JCF, 83 in 1:05-cv-02927-RJS-JCF, 181 in 1:05-cv-07670-RJS-JCF, 81 in 1:05-cv-05150-RJS-JCF, 204 in 1:05-cv-05080-RJS-JCF, 118 in 1:05-cv-03705-RJS-JCF, 175 in 1:05-cv-07579-RJS-JCF, 62 in 1:05-cv-09940-RJS-JCF, 214 in 1:05-cv-07577-RJS-JCF, 68 in 1:05-cv-10010-RJS-JCF, 135 in 1:04-cv-10178-RJS-JCF, 88 in 1:05-cv-03616-RJS-JCF, 50 in 1:05-cv-09987-RJS-JCF, 43 in 1:08-cv-09098-RJS-JCF, 77 in 1:05-cv-07025-RJS-JCF, 105 in 1:05-cv-07546-RJS-JCF, 72 in 1:07-cv-07751-RJS-JCF, 578 in 1:04-cv-07922-RJS-JCF, 97 in 1:05-cv-07626-RJS-JCF, 167 in 1:05-cv-01568-RJS-JCF, 79 in 1:05-cv-06193-RJS-JCF, 124 in 1:05-cv-07026-RJS-JCF, 66 in 1:05-cv-10024-RJS-JCF, 94 in 1:07-cv-07683-RJS-JCF, 181 in 1:05-cv-01565-RJS-JCF, 98 in 1:05-cv-01573-RJS-JCF, 56 in 1:06-cv-01779-RJS-JCF, 74 in 1:05-cv-06918-RJS-JCF, 450 in 1:04-cv-09216-RJS -JCF, 131 in 1:05-cv-04949-RJS-JCF, 51 in 1:05-cv-07789-RJS-JCF, 84 in 1:05-cv-07625-RJS-JCF, 82 in 1:07-cv-07678-RJS-JCF, 109 in 1:05-cv-07541-RJS-JCF, 105 in 1:06-cv-00433-RJS-JCF, 109 in 1:05-cv-09738-RJS-JCF, 96 in 1:05-cv-01569-RJS-JCF, 78 in 1:05-cv-03478-RJS-JCF, 267 in 1:05-cv-08453-RJS-JCF, 86 in 1:05-cv-09974-RJS-JCF, 146 in 1:05-cv-07668-RJS-JCF, 87 in 1:05-cv-07547-RJS-JCF, 119 in 1:05-cv-05528-RJS-JCF, 111 in 1:05-cv-05152-RJS-JCF, 193 in 1:05-cv-01566-RJS-JCF, 87 in 1:05-cv-02910-RJS-JCF, 204 in 1:05-cv-01570-RJS-JCF, 138 in 1:05-cv-07669-RJS-JCF, 150 in 1:05-cv-07580-RJS-JCF, 208 in 1:05-cv-01564-RJS-JCF, 191 in 1:05-cv-01572-RJS-JCF, 51 in 1:07-cv-07583-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/04/2011)
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                                                              Legal Document (Payment Possibly Required) 140 Filed: 10/3/2011, Entered: None
                                                              MEMORANDUM OF LAW in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
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                                                                Legal Document (Payment Possibly Required) 139 Filed: 10/3/2011, Entered: None
                                                                DECLARATION of Jeffrey A. Dougherty in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. (Attachments: # 1 Exhibit A - B, # 2 Exhibit B (cont.) - D, # 3 Exhibit D (cont.) - E, # 4 Exhibit E (Cont.) - F, # 5 Exhibit G - H, # 6 Exhibit H (cont.) - J, # 7 Exhibit K - L, # 8 Exhibit L (cont.) - N, # 9 Exhibit N (cont.), # 10 Exhibit N (cont.) - O, # 11 Exhibit O (cont.), # 12 Exhibit P, # 13 Exhibit Q, # 14 Exhibit Q (cont.) - R)Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
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                                                                  Legal Document (Payment Possibly Required) 138 Filed: 10/3/2011, Entered: None
                                                                  DECLARATION of David Cohen in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
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                                                                    Legal Document (Payment Possibly Required) 137 Filed: 10/3/2011, Entered: None
                                                                    DECLARATION of Brian M. Jenkins in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
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                                                                      Legal Document (Payment Possibly Required) 136 Filed: 10/3/2011, Entered: None
                                                                      DECLARATION of Carl R. Holmberg in Support re: (43 in 1:08-cv-09098-RJS-JCF) MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy.. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
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                                                                        Legal Document (Payment Possibly Required) 135 Filed: 10/3/2011, Entered: None
                                                                        RULE 56.1 STATEMENT. Document filed by The City of New York. Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
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                                                                          Legal Document (Payment Possibly Required) 134 Filed: 10/3/2011, Entered: None
                                                                          MOTION for Partial Summary Judgment Regarding No Summons Policy & Fingerprinting Policy. Document filed by The City of New York. Responses due by 11/3/2011Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(Dougherty, Jeffrey) (Entered: 10/03/2011)
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                                                                            Legal Document (Payment Possibly Required) 133 Filed: 9/30/2011, Entered: None Court Filing
                                                                            ORDER: Accordingly, It is hereby ordered that the parties shall submit Rule 56.1 Statements of Undisputed Facts and Declarations with citations but with only select supporting documents within the limit articulated in the Court's earlier September 30, 2011 Order. In the event that a fact is disputed by an opposing party, the party asserting the fact shall have an opportunity to produce the relevant document. Additionally, parties may refer to documents already in the record without providing them again. So Ordered (Signed by Judge Richard J. Sullivan on 9/30/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (js) (Entered: 10/03/2011)
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                                                                              Legal Document (Payment Possibly Required) 132 Filed: 9/30/2011, Entered: None Court Filing
                                                                              ORDER: It is hereby ordered that each side shall submit briefs totaling no more than one hundred and fifty (150) pages. For the sake of clarification, this means that all Plaintiffs, collectively, shall submit no more than 150 pages of briefing in total. It is further ordered that each side (as defined above) shall submit with their briefs no more than a total of 100 exhibits and 25 affidavits or declarations. No exhibit shall exceed 30 pages, and no declaration shall exceed 20 pages. So Ordered (Signed by Judge Richard J. Sullivan on 9/30/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (js) (Entered: 10/03/2011)
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                                                                                Legal Document (Payment Possibly Required) 131 Filed: 9/29/2011, Entered: None Court Filing
                                                                                ORDER. IT IS HEREBY ORDERED THAT Plaintiffs shall submit a joint letter to the Court no later than Friday, September 30, 2011 indicating: (1) whether they consent to Defendants' request, and (2) the number, and expected length, of briefs Plaintiffs expect to file in connection with the summary judgment motions. (Signed by Judge Richard J. Sullivan on 9/29/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (rjm) (Entered: 09/30/2011)
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                                                                                  Legal Document (Payment Possibly Required) 130 Filed: 8/19/2011, Entered: None Court Filing
                                                                                  ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Curt P. Beck dated 8/5/2011 re: Counsel for the Defendants writes to request an Order precluding plaintiffs from relying upon in any fashion the document (or the information contained therein) attached as Exhibit A and bates stamped DM 3000-3003. ENDORSEMENT: Docket and file in 04 Civ. 7922(RJS) and all related cases. Application granted. The document at issue was created in 2004 and yet was not disclosed to defendants' counsel until well after the fact discovery period has closed. (Signed by Magistrate Judge James C. Francis on 8/19/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. (ab) (Entered: 08/19/2011)
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                                                                                    Legal Document (Payment Possibly Required) 129 Filed: 8/12/2011, Entered: None Court Filing
                                                                                    ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Jeffrey A. Dougherty dated 8/11/11 re: counsel for defendants request that Your Honor "so order" the parties agreement that the RNC Plaintiff's identified in Appendix A, will provide responses to Defendants' contention interrogatories on or before August 19, 2011. ENDORSEMENT: Application granted. So Ordered. Docket & file in all related cases. ( Answer to Interrogatories due by 8/19/2011.) (Signed by Magistrate Judge James C. Francis on 8/11/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(pl) Modified on 8/12/2011 (pl). (Entered: 08/12/2011)
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                                                                                      Legal Document (Payment Possibly Required) 128 Filed: 7/18/2011, Entered: None Court Filing
                                                                                      ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Michael L. Spiegel dated 7/12/11 re: counsel for plaintiff writes re Your Honor's July 5, 2011, Order, which states that counsel "who intend to proffer any liability expert and who have not previously produced an expert report for any such expert shall notify the Court in writing by July 8, 2011. (With respect to the deadline set, I respectfully request that the Court accept this tardy notification-I was out of my office for the past week.) Plaintiffs read this Court's July S, 2011, Order, however, to require the production by August 1, 2011, of disclosures under F.R.Civ.P. 26(a)(2)(C), i.e., a "summary of the facts and opinions to which the witness is expected to testify." ENDORSEMENT: Mr. Kahl will not be excluded from testifying based on the minimal delay in responding to my July 5, 2010 order, since the defendants have already deposed him and have suffered no prejudice. However, prior to the August 1, 2011 deadline for submission of expert material, plaintiffs should reconsider whether they wish to proffer him as an expert, since it appears unlikely that he will pass muster under Daubert. (Signed by Magistrate Judge James C. Francis on 7/15/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(pl) Modified on 7/18/2011 (pl). (Entered: 07/18/2011)
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                                                                                        Legal Document (Payment Possibly Required) 127 Filed: 7/6/2011, Entered: None Court Filing
                                                                                        ORDER: It is hereby ordered that, 1. Any counsel other than the New York City Law Department I the New York Civil Liberties Union, Beldock Levine & Hoffman LLP, and Jeffrey A. Rothman who intend to proffer any liability expert and who have not previously produced an expert report for any such expert shall notify the Court in writing by July 8, 2011; 2. With respect to the issues of group probable cause, the "no summons" policy, and blanket fingerprinting, plaintiffs have represented that they will not proffer expert evidence on their case in chief. The defendants shall therefore produce their expert reports and related materials for these issues by August 1, 2011. Plaintiffs shall produce any rebuttal expert reports and related materials by August 24, 2011. All expert discovery shall be completed by September 16, 2011; 3. With respect to the issues of conditions of confinement and excessive detention, the plaintiffs have represented that they will proffer expert evidence on their case in chief. The plaintiffs shall therefore produce their expert reports and related materials for these issues by August 1, 2011. Defendants shall produce any rebuttal expert reports and related materials by August 24, 2011. All expert discovery shall be completed by September 16, 2011. ( Discovery due by 9/16/2011., Request for Production of Documents due by 8/1/2011.) (Signed by Magistrate Judge James C. Francis on 7/5/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (laq) (Entered: 07/06/2011)
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                                                                                          Legal Document (Payment Possibly Required) 126 Filed: 7/5/2011, Entered: None Court Filing
                                                                                          ORDER. The Court HEREBY ORDERS that the deadline to complete all expert discovery is adjourned to September 16, 2011. However, the parties are advised that the briefing schedule set forth in the Court's Order dated June 20, 2011 remains unchanged: Opening Briefs: October 3, 2011. Opposition Briefs: November 3, 2011. Reply Briefs: November 23, 2011. No further extensions will be granted. (All Expert Discovery due by 9/16/2011.) (Signed by Judge Richard J. Sullivan on 7/1/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (rjm) Modified on 7/5/2011 (rjm). (Entered: 07/05/2011)
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                                                                                            Legal Document (Payment Possibly Required) 125 Filed: 6/29/2011, Entered: None Court Filing
                                                                                            ORDER: The Court is in receipt of a letter from Plaintiffs' counsel in Schiller v. City of New York, 04 Civ. 7922 (RJS), and Dinler v. City of New York, 04 Civ. 7921 (RJS), dated June 27, 2011, proposing the following expert discovery schedule: (1) initial expert disclosures by all parties by July 15, 2011; (2) rebuttal expert disclosures by August 12, 2011; and (3) completion of all expert discovery by September 1, 2011. The Court is also in receipt of a letter from Defendants dated June 28, 2011, opposing Plaintiffs' proposal and suggesting the following expert discovery schedule: (1) Plaintiffs' expert disclosures by July 15, 2011; (2) Defendants' expert disclosures by August 12, 2011; and (3) completion of all expert discovery by September 1, 2011. The Court is also in receipt of a letter from class counsel in MacNamara v. City of New York, 04 Civ. 9216 (RJS), dated June 28, 2011, concurring with the request for rebuttal experts but opposing the schedule proposed by Plaintiffs' counsel in Schiller and Dinler. Since the related RNC cases remain referred to Magistrate Judge Francis for discovery purposes, the parties are advised to consult Judge Francis with respect to the sequencing of expert discovery, which shall in any event be completed no later than September 1, 2011 pursuant to the Court's Orders dated June 20, 2011 and June 27, 2011. (Signed by Judge Richard J. Sullivan on 6/28/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (jfe) (Entered: 06/29/2011)
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                                                                                              Legal Document (Payment Possibly Required) 124 Filed: 6/28/2011, Entered: None Court Filing
                                                                                              ORDER: The request to defer expert discovery with respect to the excessive detention and conditions claims is HEREBY DENIED. As set forth in the Court's Order dated 6/20/2011, the deadline to complete all expert discovery with respect to liability is 9/1/2011. (Discovery due by 9/1/2011.) (Signed by Judge Richard J. Sullivan on 6/27/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (tro) (Entered: 06/28/2011)
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                                                                                                Legal Document (Payment Possibly Required) 123 Filed: 6/20/2011, Entered: None Court Filing
                                                                                                ORDER The parties shall make a joint submission no later than 7/1/11, confirming the two mass arrest locations to be briefed on summary judgment with respect to the issue of group probable cause. Expert Discovery due by 9/1/2011. Contention interrogatories to be completed by 9/1/11. Motions for summary judgment due by 10/3/2011. Responses due by 11/3/2011, Replies due by 11/23/2011. Class counsel in MacNamara v City of NY, 04cv9216 shall submit a revised version of the proposed class notice no later than 7/1/11. The request to amend the complaints in Coburn v City of NY, 05cv7623 and Phillips v City of NY, 05cv7624, is denied as untimely, since the time to amend expired on 6/30/09. Plaintiffs shall collaborate int he choice of their two additional representatives, and counsel to attend the conference shall contact the Court to confirm a conference date no later than 6/24/11. (Signed by Judge Richard J. Sullivan on 6/20/11) Copy mailed by ChambersFiled In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) Modified on 6/22/2011 (ad). (Entered: 06/21/2011)
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                                                                                                  Legal Document (Payment Possibly Required) 122 Filed: 5/24/2011, Entered: None Court Filing
                                                                                                  ORDER Conference set for 6/15/2011 at 04:45 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 5/24/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(cd) (Entered: 05/24/2011)
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                                                                                                    Legal Document (Payment Possibly Required) 121 Filed: 5/9/2011, Entered: None Court Filing
                                                                                                    ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Christopher Dunn dated May 3, 2011 re: I write to follow up on the telephone conference the Court had with the parties on April 21. Since that conference, a group of plaintiffs' counsel handling many of the pending RNC cases has met, and I have spoken with Mr. Farrell. Having conferred with Mr. Farrell and many of plaintiffs' counsel, it appears that the week of May 23 is the earliest reasonable time for the conference, and we therefore propose that you schedule a conference for that week. As for the status of fact discovery, we completed the deposition of Chief Esposito on April 22. On April 27 (the day after the meeting with other counsel), I sent to Mr. Farrell a list of requests for factual information bearing on the City's intelligence defense. ENDORSEMENT: The pretrial conference will be held May 26, 2011 at 9:00 a.m. in Courtroom 9-B. Counsel should be prepared to discuss scheduling of dispositive motion as well as completion of any residual discovery. SO ORDERED. ( Pretrial Conference set for 5/26/2011 at 09:00 AM in Courtroom 9B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 5/9/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(jmi) (Entered: 05/10/2011)
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                                                                                                      Legal Document (Payment Possibly Required) 120 Filed: 3/14/2011, Entered: None Court Filing
                                                                                                      ENDORSED LETTER: addressed to Magistrate Judge James C. Francis from Odile M. Farrell dated 3/11/2011 re: Accordingly, the parties respectfully request that the deadline for completing Chief Devlin's deposition be extended to April 7, 2011. the parties also request permission to complete Chief McManus' deposition on 3/17/2011. ENDORSEMENT: The request to complete Chief McManus' deposition on March 17, 2011 is granted. The request to complete Chief Devlin's deposition on April 6-7 is denied. Counsel had no reason to expect that I would grant plaintiffs' request to delay other depositions until Chief Esposito's was completed. Counsel shall make arrangements to complete Chief Devlin's deposition forthwith. So Ordered. (Signed by Magistrate Judge James C. Francis on 3/14/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(js) (Entered: 03/14/2011)
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                                                                                                        Legal Document (Payment Possibly Required) 119 Filed: 2/15/2011, Entered: None Court Filing
                                                                                                        ENDORSED LETTER addressed to James C. Francis, IV from Jonathan Moore dated 2/14/11 re: counsel for plaintiff, and on behalf of plaintiffs' counsel in all RNC cases with an interest in the continued depositions of current or former NYPD Chiefs Esposito, Devlin, Colgan and Graham and the deposition of retired Chief McManus, we write to request an extension of the February 15, 2011 deadline for completing these depositions and a status conference to address scheduling. See 11/22/10 Endorsed Order attached hereto as Exhibit A (granting request to extend completion date for 60 days from December 17, 2010). ENDORSEMENT: Application denied. The November 22, 2010 Memorandum Endorsement does not reference Chief Esposito, and there is no basis for delaying other depositions until it is determined whether his has been completed. All remaining policy depositions shall be completed by March 15, 2011. ( Deposition due by 3/15/2011.) (Signed by Magistrate Judge James C. Francis on 2/15/11) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(pl) Modified on 2/16/2011 (pl). (ENDORSEMENT: Docket in all RNC Cases. Docketed in lead case 04cv7922 as per instructions from Chambers). (Entered: 02/16/2011)
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                                                                                                          Legal Document (Payment Possibly Required) 118 Filed: 2/15/2011, Entered: None Court Filing
                                                                                                          ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Peter G. Farrell dated 2/14/2011 re: request that the Court approve the briefing schedule agreen to by the parties to address the issues arising at the continued deposition of Chief of Department Joseph Esposito. Defendants will move by 2/18/2011. ENDORSEMENT: Application granted. Judge's Initials are to appear on all papers submited to this court. ( Motions due by 2/18/2011.) (Signed by Magistrate Judge James C. Francis on 2/15/2011) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(jar) (Entered: 02/15/2011)
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                                                                                                            Legal Document (Payment Possibly Required) 117 Filed: 11/22/2010, Entered: None Court Filing
                                                                                                            ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Christopher Dunn, dated 11/19/2010, re: On behalf of the plaintiffs and defendants in these two cases arising out of the Republican National Convention, counsel writes: Following the Second Circuit's October 22, 2010 order denying the plaintiffs' petition for rehearing en banc, we notified the City on November 4 that we did not intend to pursue further appeals (and the plaintiffs in MacNamara served a similar notice on November 8). With the 30-day clock having started, the parties immediately started discussing dates for resuming Deputy Commissioner Cohen's deposition. Because of prior commitments of counsel in MacNamara, however, the first available date turns out to be December 17. I therefore request that you modify your order to allow the policy depositions to resume by December 17, 2010. I also request that you extend the completion date to 60 days after that date, as the current cut-off of early January is simply unrealistic, given the upcoming holidays and that other high-level witnesses will need to be deposed whom we cannot even settle upon until we have deposed Deputy Commissioner Cohen. ENDORSEMENT: DOCKET AND FILE IN ALL RELATED CASES. Application granted. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 11/22/2010) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. (lnl) (Entered: 11/22/2010)
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                                                                                                              Legal Document (Payment Possibly Required) 116 Filed: 11/2/2010, Entered: None Court Filing
                                                                                                              ORDER: Defendants' application is granted. Assuming that Deputy Commissioner Browne's deposition was noticed in a timely fashion, defendants reserved their right to object to it. Because Deputy Commissioner Browne has not been shown to possess unique, relevant information, he may avoid deposition as a high-ranking government official. Plaintiffs' application for an award of costs in connection with the instant application is denied. (Signed by Magistrate Judge James C. Francis on 11/2/2010) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (jpo) (Entered: 11/02/2010)
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                                                                                                                Legal Document (Payment Possibly Required) 115 Filed: 10/29/2010, Entered: None Court Filing
                                                                                                                MEMORANDUM AND ORDER that the defendants' application for imposition of time limits on depositions is denied without prejudice to the defendants' moving for a protective order if the questioning becomes abusive. In addition, prior to questioning a witness, each plaintiff's attorney shall represent that he or she is familiar with that witness' prior testimony. (Signed by Magistrate Judge James C. Francis on 10/29/10) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers. (cd) (Entered: 10/29/2010)
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                                                                                                                  Legal Document (Payment Possibly Required) 114 Filed: 7/22/2010, Entered: None Court Filing
                                                                                                                  ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Alexis L. Leist dated 7/22/2010 re: Counsel requests an extension until 7/30/2010 to reply to plaintiffs' opposition to defendants' 7/15/2010 letter motion concerning fact witness depositions in the RNC Cases. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 7/22/2010) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(tro) (Entered: 08/03/2010)
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                                                                                                                    Legal Document (Payment Possibly Required) 113 Filed: 7/20/2010, Entered: None Court Filing
                                                                                                                    ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Michael Spiegel dated 7/16/2010 re: Counsel writes on behalf of both parties to respectfully propose a briefing schedule concerning defendants' 7/15/2010, application for a protective order barring the deposition of NYPD Commissioner of Public Information Paul Browne. With the Court's permission, plaintiff will submit their opposition on or before 8/20/2010, and defendants will reply by 8/31/2010. ENDORSEMENT: Application granted. (Responses due by 8/20/2010, Replies due by 8/31/2010.) (Signed by Magistrate Judge James C. Francis on 7/19/2010) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(tro) (Entered: 07/20/2010)
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                                                                                                                      Legal Document (Payment Possibly Required) 112 Filed: 6/22/2010, Entered: None Court Filing
                                                                                                                      ORDER. The parties shall commence or continue the remaining policy depositions (witnesses Cohen, Esposito, Graham, Colgan, Devlin, Brown, and McManus) within 30 days of the date that all appeals of the intelligence document ("Field Reports") issue is resolved and shall complete those depositions within 60 days thereafter. By July 15, 2010, counsel shall advise the Court whether there are any disputes regarding the scope or duration of the remaining policy depositions, and, if so, defendants shall submit a letter motion requesting any appropriate relief. Pursuant to the mandate of the Second Circuit in In re City of New York, No. 10-0237, plaintiffs' motion to compel production of the Field Reports is denied. (Signed by Magistrate Judge James C. Francis on 6/21/10) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers.(rjm) (Entered: 06/22/2010)
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                                                                                                                        Legal Document (Payment Possibly Required) 111 Filed: 6/14/2010, Entered: None Court Filing
                                                                                                                        ORDER: Pretrial Conference adjourned 6/21/2010 at 09:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis. (Signed by Magistrate Judge James C. Francis on 6/14/2010) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers.(tve) (Entered: 06/14/2010)
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                                                                                                                          Legal Document (Payment Possibly Required) 110 Filed: 6/10/2010, Entered: None Court Filing
                                                                                                                          ORDER Pretrial Conference for all Republican National Convention cases set for 6/16/2010 at 09:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis. (Signed by Magistrate Judge James C. Francis on 6/10/10) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies sent by chambers.(cd) (Entered: 06/10/2010)
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                                                                                                                            Legal Document (Payment Possibly Required) 109 Filed: 11/13/2009, Entered: None Court Filing
                                                                                                                            ORDER The Court is in receipt of defendants' November 10, 2009 letter requesting that the Court remove certain statements from its October 27,2009 Order. The request is denied. SO ORDERED. (Signed by Judge Richard J. Sullivan on 11/12/2009) (jmi) (Entered: 11/13/2009)
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                                                                                                                              Blank 108 Filed: 10/27/2009, Entered: None Court Filing
                                                                                                                              ORDER: For the reasons set forth above, the Court finds that the February 25 Order was not clearly erroneous or contrary to law. Accordingly, the Court rejects Defendants' objections and affirms the February 25 Order. SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/27/2009) (tve) (Entered: 10/27/2009)
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                                                                                                                                Legal Document (Payment Possibly Required) 107 Filed: 9/29/2009, Entered: None
                                                                                                                                MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 103 Notice of Appeal, filed by David Cohen, John Colgan, Kavanagh, The City of New York, Carmine Fiore, Does, Patrick Quigley, Shaun Gumbs, Roes, Thomas Doepfner, Ruby Marin-Jordan, Kerry Sweet USCA Case Number 09-2404-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 9/25/2009. (nd) (Entered: 09/29/2009)
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                                                                                                                                  Legal Document (Payment Possibly Required) 106 Filed: 9/3/2009, Entered: None Court Filing
                                                                                                                                  ORDER: For reasons further set forth in said Order, and on the record during the May 6, 2009 conference, the Court finds that Magistrate Judge Francis' February 20 Order quashing the Subpoena was not clearly erroneous or contrary to law. Accordingly, the Court affirms the February 20 Order and denies Defendants' Objections. The Clerk of the Court is respectfully directed to terminate the following docket entries: No. 04 Civ. 7921, Doc. Nos. 153, 154, and 161. (Signed by Judge Richard J. Sullivan on 9/3/09) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(db) (Entered: 09/08/2009)
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                                                                                                                                    Legal Document (Payment Possibly Required) 105 Filed: 7/22/2009, Entered: None Court Filing
                                                                                                                                    NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant(s) David Cohen. (Signed by Judge Richard J. Sullivan on 7/22/2009) (jpo) (Entered: 07/24/2009)
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                                                                                                                                      Legal Document (Payment Possibly Required) 104 Filed: 6/5/2009, Entered: None Court Filing
                                                                                                                                      ORDER...A pretrial conference having been held on June 5, 2009, it is hereby ORDERED that any plaintiff whose motion to amend the complaint was granted by my Memorandum and Order dated January 23, 2008 (Schiller v. City of New York, 2008 WL 200021), and who has not filed an amended pleading conforming to that order, may do so pursuant to a stipulation with defendants no later than June 30, 2009 or, if defendants do not agree to amendment, may serve and file a motion to amend by that date. (Signed by Magistrate Judge James C. Francis on June 5, 2009) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(ad) (Entered: 06/05/2009)
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                                                                                                                                        Legal Document (Payment Possibly Required) 103 Filed: 6/2/2009, Entered: None
                                                                                                                                        NOTICE OF APPEAL from 76 Order, 95 Order, 40 Order. Document filed by Carmine Fiore, Kavanagh, Patrick Quigley, Shaun Gumbs, Does, John Colgan, Thomas Doepfner, Kerry Sweet, Ruby Marin-Jordan, David Cohen, Roes, The City of New York. Filing fee $ 455.00, receipt number E 689816. (tp) (Entered: 06/05/2009)
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                                                                                                                                          Legal Document (Payment Possibly Required) 102 Filed: 6/4/2009, Entered: None Court Filing
                                                                                                                                          LETTER addressed to Magistrate Judge James C. Francis IV from Curt P. Beck dated 5/21/09 re: opposition to Mr. Spiegal's April 28, 2009 letter application in the captioned case...; Document filed by Carmine Fiore, Kavanagh, Patrick Quigley, Shaun Gumbs, Does, John Colgan, Thomas Doepfner, Kerry Sweet, Ruby Marin-Jordan, David Cohen, Roes, The City of New York.(djc) (Entered: 06/04/2009)
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                                                                                                                                            Legal Document (Payment Possibly Required) 101 Filed: 6/4/2009, Entered: None Court Filing
                                                                                                                                            LETTER addressed to Magistrate Judge James C. Francis IV from Michael L. Spiegel dated 6/1/09 re: reply to Mr Beck's May 21, 200 letter opposition to plaintiffs' Application for a hearing into videotaping by TARU Detective Tara McGuiness, and to preclude defendants fro offering any videotape by her at trial, should it be discovered. Document filed by Daniel Dwyer.(djc) (Entered: 06/04/2009)
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                                                                                                                                              Legal Document (Payment Possibly Required) 100 Filed: 6/1/2009, Entered: None Court Filing
                                                                                                                                              ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Michael L. Spiegel dated April 28, 2009, re: Plaintiffs respectfully request that Your Honor conduct a hearing concerning the McGuiness videotape and TARU's RNC videotape record keeping system. At such a hearing, testimony should be received from witnesses with actual knowledge concerning the efforts to locate any videotapes taken by Det. McGuiness during the RNC (at 49th & Broadway and elsewhere, since no RNC videotapes by McGuiness have been produced); testimony about how the tapes have been organized and catalogued; and the existence of documents relating to RNC videotapes. Furthermore, plaintiffs request that the Court enter an order stating that if the McGuiness videotape is discovered, defendants are precluded from offering it at trial. ENDORSEMENT: Applications denied. Plaintiffs have ample opportunity to explore in discovery whether Det. McGuiness shot any videotape of the Eastwood arrests and, if so, what became of it. The fact that defendants' explanation may be unsatisfactory to plaintiffs is no basis for conducting a hearing. While plaintiffs' request for an order precluding defendants' introduction of such a videotape may be unwarranted, it is premature until defendants proffer such evidence. So Ordered. (Signed by Magistrate Judge James C. Francis on 6/1/2009) (rw) (Entered: 06/01/2009)
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                                                                                                                                                Legal Document (Payment Possibly Required) 99 Filed: 5/27/2009, Entered: None
                                                                                                                                                ANSWER to Amended Complaint. Document filed by The City of New York. Related document: 43 Amended Complaint, filed by Daniel Dwyer, Chris Dwyer, Gaurav Jashnani, Corey Eastwood, Jesse Henry.(Beck, Curt) (Entered: 05/27/2009)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 98 Filed: 5/12/2009, Entered: None Court Filing
                                                                                                                                                  LETTER addressed to Magistrate Judge James C. Francis IV from Deborah Hrbek dated 5/7/09 re: As requested, I write to confirm the NLG-NYC's consent to the cover letter dated February I, 2008 that accompanied the in camera submission to Judge Francis being placed in the court file. Associated Cases: 1:04-cv-07922-RJS-JCF et al.(ae) (Entered: 05/14/2009)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 97 Filed: 5/12/2009, Entered: None Court Filing
                                                                                                                                                    LETTER addressed to Magistrate Judge James C. Francis IV from Deborah Hrbek dated 2/1/08, Re: Further to this court's Order dated January 18, 2008, the non-party New York City Chapter of the National Lawyers Guild (NLG-NYC) respectfully submits the enclosed 574 pages of documents that are responsive to the above referenced subpoena duces tecum, as modified by the City of New York in Mr. Beck's letter dated September 13, 2007. Associated Cases: 1:04-cv-07922-RJS-JCF et al.(ae) (Entered: 05/14/2009)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 96 Filed: 5/11/2009, Entered: None Court Filing
                                                                                                                                                      ORDER: The Clerk of the Court is directed to docket the attached letters dated February 1, 2008 and May 7, 2009. (Signed by Judge Richard J. Sullivan on 5/11/09) (tro) (Entered: 05/12/2009)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 95 Filed: 5/8/2009, Entered: None Court Filing
                                                                                                                                                        ORDER: For the reasons stated on the record during the conference that was held on May 6, 2009, Defendants' motion for reconsideration of the Court's February 26, 2009 order is denied. The Clerk of Court is hereby directed to terminate the following motions set forth within. (Signed by Judge Richard J. Sullivan on 5/8/2009) (jfe) (Entered: 05/08/2009)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 94 Filed: 4/30/2009, Entered: None Court Filing
                                                                                                                                                          ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Curt P. Beck dated 4/29/09. re: counsel for Defendants has spoken with Michael Spiegel, Esq" who is representing the plaintiffs in the captioned case regarding his April 28, 2009 letter motion requesting a "hearing into whether a videotape [by NYPD Del, Tara McGuiness] was created," Mr. Spiegel and I have agreed to the following briefing schedule which takes into account all our other obligations. Defendants will life their opposition to Plaintiffs' motion on or before Thursday May 21, 2009: and Plaintiffs will file any reply on or before June 1, 2009. Plaintiffs will file any reply on or before June 1, 2009. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge James C. Francis on 4/29/09) (pl) (Entered: 04/30/2009)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 93 Filed: 4/16/2009, Entered: None Court Filing
                                                                                                                                                            LETTER addressed to Magistrate Judge James C. Francis from Curt P. Beck dated 2/17/09 re: defendants write to oppose Plaintiffs' 2/4/09 letter motion which purports to seek, pursuant to Fed.R.Civ. P. 37 to preclude certain witnesses and that Your Honor deny Plaintiffs' motion. Document filed by Carmine Fiore, Kavanagh, Patrick Quigley, Shaun Gumbs, Does, John Colgan, Thomas Doepfner, Kerry Sweet, Ruby Marin-Jordan, David Cohen, Roes, The City of New York.(pl) (Entered: 04/27/2009)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 92 Filed: 4/24/2009, Entered: None Court Filing
                                                                                                                                                              PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Magistrate Judge James C. Francis on 4/24/09) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(js) (Entered: 04/24/2009)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 91 Filed: 4/15/2009, Entered: None
                                                                                                                                                                REPLY MEMORANDUM OF LAW in Support re: 82 Objection (non-motion). Document filed by The City of New York. (Brooks, Jeffrey) (Entered: 04/15/2009)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 90 Filed: 4/9/2009, Entered: None
                                                                                                                                                                  FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 90) - DECLARATION of Michael L. Spiegel in Opposition re: 82 Objection (non-motion). Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Spiegel, Michael) Modified on 4/15/2009 (gp). (Entered: 04/09/2009)
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                                                                                                                                                                    Blank 89 Filed: 4/9/2009, Entered: None
                                                                                                                                                                    MEMORANDUM OF LAW in Opposition re: 82 Objection (non-motion). Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer. (Spiegel, Michael) (Entered: 04/09/2009)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 88 Filed: 4/9/2009, Entered: None
                                                                                                                                                                      DECLARATION of Michael L. Spiegel in Opposition re: 78 MOTION for Reconsideration re; 76 Order,.. Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Spiegel, Michael) (Entered: 04/09/2009)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 87 Filed: 4/9/2009, Entered: None
                                                                                                                                                                        FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT # 89) - MEMORANDUM OF LAW in Opposition re: 78 MOTION for Reconsideration re; 76 Order,.. Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer. (Spiegel, Michael) Modified on 4/15/2009 (gp). (Entered: 04/09/2009)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 86 Filed: 2/20/2009, Entered: None Court Filing
                                                                                                                                                                          LETTER addressed to Magistrate Judge James C. Francis from Michael L. Spiegel dated 2/20/09 re: plaintiff writes in response to Mr. Beck's letter dated 2/17/09 opposing plaintiffs' applicaiton to preclude certain witnesses from being used for any purpose in this litigation pursuant to F.R.C.P. 37. Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer.(pl) (Entered: 03/27/2009)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 85 Filed: 3/26/2009, Entered: None Court Filing
                                                                                                                                                                            ORDER that upon consent of the Parties, the conference that was scheduled for 4/17/09, is hereby adjourned to 5/6/09 at 4 pm. (Conference reset for 5/6/2009 at 04:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 3/25/09) (cd) (Entered: 03/26/2009)
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                                                                                                                                                                              Legal Document 69 Filed: 8/4/2008, Entered: 8/4/2008 OrderCourt Filing
                                                                                                                                                                              ORDER: that Mr. Rothman's request for leave to submit a letter in reply to the City's submission regarding a recent decision issued by the Second Circuit, In re Sims, and its bearing on plaintiffs' outstanding objections to the dismissal of their emotional distress claims, is DENIED. Both plaintiffs and defendants have made submission concerning this issue, and the Court sees not need for additional briefing. (Signed by Judge Richard J. Sullivan on 8/4/08) (tro)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 84 Filed: 3/24/2009, Entered: None Court Filing
                                                                                                                                                                                ENDORSED LETTER addressed to Judge Richard J. Sullivan from Curt P. Beck dated 3/23/2009 re: Requesting a one day extension to file papers. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/23/2009) (jpo) Modified on 4/20/2009 (jpo). (Entered: 03/25/2009)
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                                                                                                                                                                                  Legal Document 68 Filed: 7/23/2008, Entered: 7/24/2008 OrderCourt Filing
                                                                                                                                                                                  ORDER: Fifty-four plaintiffs in twenty of the consolidated RNC cases have filed objections to the dismissal of their emotional distress and physical injury claims. By 5:00 p.m. on Monday, July 28, 2008, any plaintiff who wishes to address the relevancy of the Second Circuit's decision in Sims to his or her objection shall submit a letter, not to exceed three pages, explaining his or her position. Thereafter, by 5:00 p.m. on Thursday, July 31, 2008, the City shall submit a single letter, not to exceed seven pages, responding to plaintiffs' letters on this issue. The Court will not alter these directives absent truly compelling circumstances. (Signed by Judge Richard J. Sullivan on 7/23/08) (tro)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 83 Filed: 3/24/2009, Entered: None
                                                                                                                                                                                    DECLARATION of Curt Beck in Support re: 82 Objection (non-motion). Document filed by The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 and 4)(Brooks, Jeffrey) (Entered: 03/24/2009)
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                                                                                                                                                                                      Legal Document 67 Filed: 7/16/2008, Entered: 7/16/2008 Brief
                                                                                                                                                                                      BRIEF re: [57] Order, Set Deadlines/Hearings,,,,,,,, [58] Objection (non-motion), Objection (non-motion). Document filed by The City of New York. (Attachments: # (1) Declaration of Alexis Leist, # (2) Exhibit DDD-OOO, # (3) Exhibit PPP, # (4) Exhibit QQQ)(Dougherty, Jeffrey)
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                                                                                                                                                                                        Blank 82 Filed: 3/24/2009, Entered: None
                                                                                                                                                                                        Objection re: 75 Endorsed Letter,,, Filed Pursuant to Fed. R. Civ. P. 72. Document filed by The City of New York. (Brooks, Jeffrey) (Entered: 03/24/2009)
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                                                                                                                                                                                          Legal Document 66 Filed: 7/16/2008, Entered: 7/16/2008 ~Notice (other)
                                                                                                                                                                                          NOTICE of Filing Under Seal re: [57] Order, Set Deadlines/Hearings,,,,,,,, [58] Objection (non-motion), Objection (non-motion). Document filed by The City of New York. (Dougherty, Jeffrey)
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 81 Filed: 3/24/2009, Entered: None Court Filing
                                                                                                                                                                                            ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Michael L. Spiegel dated 3/20/09 re: counsel for plaintiff responds to Mr. Beck's letter dated 3/16/09 and informs the Court that defendants' letter does not provide documentation showing when they first identified witnesses to plaintiffs' counsel. ENDORSEMENT: As defendants have not proffered Sergeant Pagano, Lieutenant McAndrew, or former Deputy Chief Esposito as witnesses in Eastwood, plaintiffs' motion to preclude their testimony is denied as premature. (Signed by Magistrate Judge James C. Francis on 3/23/09) (dle) (Entered: 03/24/2009)
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                                                                                                                                                                                              Legal Document 65 Filed: 7/11/2008, Entered: 7/11/2008 Endorsed LetterCourt Filing
                                                                                                                                                                                              ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Tonya Jenerette dated 6/30/2008 re: Counsel respectfully request that the Court grant this application so that the non party deposition consented to by the parties may proceed. ENDORSEMENT: Application granted. There depositions shall be completed by September 30, 2008. So Ordered. (Signed by Magistrate Judge James C. Francis on 7/11/2008) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(jfe) Modified on 7/22/2008 (jfe).
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                                                                                                                                                                                                Legal Document (Payment Possibly Required) 80 Filed: 3/19/2009, Entered: None Court Filing
                                                                                                                                                                                                ORDER The Court will hold a conference with respect to Defendants' motion for reconsideration of the Order. The Parties are directed to appear on April 17, 2009 at 4:30 p.m. at Courtroom 21C at 500 Pearl Street, New York, New York, 10007. (Signed by Judge Richard J. Sullivan on 3/19/09) (mme) (Entered: 03/19/2009)
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                                                                                                                                                                                                  Blank -- Filed: 6/20/2008, Entered: 7/7/2008 Pretrial Conference - Interim
                                                                                                                                                                                                  Minute Entry for proceedings held before Magistrate Judge James C. Francis: Interim Pretrial Conference held on 6/20/2008. Associated Cases: 1:04-cv-07922-RJS-JCF et al.(tro)
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                                                                                                                                                                                                    Blank 79 Filed: 3/12/2009, Entered: None
                                                                                                                                                                                                    MEMORANDUM OF LAW in Support re: 78 MOTION for Reconsideration re; 76 Order,.. Document filed by David Cohen, The City of New York. (Sundaran, Raju) (Entered: 03/12/2009)
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                                                                                                                                                                                                      Legal Document 64 Filed: 6/3/2008, Entered: 6/3/2008 Endorsed LetterCourt Filing
                                                                                                                                                                                                      ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Jeffrey C. Brooks dated 6/3/2008; counsel writes to request that Your Honor enter an Order permitting defendants to file their 1/22/2008 case-specific motions and any replies thereto under seal. ENDORSEMENT: Application granted. Any letters related to these applications may be filed under seal. (Signed by Magistrate Judge James C. Francis on 6/3/2008) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(kkc)
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                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 78 Filed: 3/12/2009, Entered: None
                                                                                                                                                                                                        MOTION for Reconsideration re; 76 Order,. Document filed by David Cohen, The City of New York.(Sundaran, Raju) (Entered: 03/12/2009)
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                                                                                                                                                                                                          Blank 62 Filed: 5/14/2008, Entered: 5/14/2008 Endorsed LetterCourt Filing
                                                                                                                                                                                                          ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Raju Sundaran dated 5/13/08 re: Defendants write to request, with the consent of plaintiffs' counsel Michale L. Spiegel, that on behalf of all plaintiffs whose documents have not been received by defendants, that their current deposition deadline of May 16, 2008 be extended until May 30, 2008 or until three weeks after the documents are received for any particular plaintiff, whichever date is later. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 5/14/08) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(mme)
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                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 77 Filed: 3/9/2009, Entered: None Court Filing
                                                                                                                                                                                                            ENDORSED LETTER addressed to Judge Richard J. Sullivan from Michael L. Spiegel dated 3/6/09 re: Counsel requests that the Court So Order an agreed-upon schedule for a proposed Rule 72 motion as follows: Defendants to file their motion by March 23, 2009; plaintiffs to file their oppositions by April 8, 2009; defendants reply by April 14, 2009. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Sullivan on 3/9/09) (mme) (Entered: 03/10/2009)
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                                                                                                                                                                                                              Blank -- Filed: 5/14/2008, Entered: 5/23/2008 Note Regarding Deleted Document
                                                                                                                                                                                                              ***DELETED DOCUMENT. Deleted document number [63] Endorsed Letter. The document was incorrectly filed in this case. (mme)
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                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 76 Filed: 2/27/2009, Entered: None Court Filing
                                                                                                                                                                                                                ORDER: The Court concludes that the January 23 Order is extremely thorough and well-reasoned. The Court, having found no clear error in either Judge Francis's analysis or his conclusions, rejects Defendants Objections and affirms the January 23 Order in its entirety. (Signed by Judge Richard J. Sullivan on 2/26/2009) (rw) (Entered: 02/27/2009)
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                                                                                                                                                                                                                  Blank -- Filed: 5/14/2008, Entered: 5/21/2008 Note Regarding Deleted Document
                                                                                                                                                                                                                  ***DELETED DOCUMENT. Deleted document number [61] Endorsed Letter. The document was incorrectly filed in this case. (mme)
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                                                                                                                                                                                                                    Blank 75 Filed: 2/25/2009, Entered: None Court Filing
                                                                                                                                                                                                                    ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Michael Spiegel dated 2/4/09 re: Plaintiffs now renew their application to preclude defendants from offering. ENDORSEMENT: Application granted with respect to witnesses Trent, Donahue, and Giacco, substantially for the reasons set forth in my 10/9/08 Memorandum and Order. Defendants have not demonstrated that they made reasonable effects to identify police personnel on the scene. Application denied with respect to witness Hampton who could not reasonably have been identified prior to Palumbo's deposition. With respect to witnesses listed in the 5/16/08 letter, defendants shall provide documentation by 3/15/09 showing when they first identified these witnesses to plaintiffs' counsel. Application denied with respect to the unidentified officers as still premature. (Signed by Magistrate Judge James C. Francis on 2/25/09) (cd) (Entered: 02/25/2009)
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                                                                                                                                                                                                                      Legal Document 60 Filed: 5/13/2008, Entered: 5/13/2008 Endorsed LetterCourt Filing
                                                                                                                                                                                                                      ENDORSED LETTER addressed to judge Richard J. Sullivian from Alexis L. Leist dated 5/9/2008 re: Defendants write to request a one week extension of the submission date for our consolidated opposition from Tuesday, May 12, 2008 to Tuesday, May 20, 2008. ENDORSEMENT: So ordered. (Signed by Judge Richard J. Sullivan on 5/12/2008) (jfe)
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                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 74 Filed: 1/8/2009, Entered: None Court Filing
                                                                                                                                                                                                                        MEMORANDUM AND ORDER For the reasons set forth in this order, the Court denies Plaintiffs' appeals and affirms the discovery rulings and dismissal orders issued by Judge Francis in these cases. The Court also denies Plaintiffs' request for certification of this issue to the Second Circuit. Therefore, Plaintiffs' tort claims of non-garden variety emotional distress are dismissed. However, as noted above, Plaintiffs' garden variety damages claims for emotional distress relating to the incidents in question may proceed at trial as contemplated by the Second Circuit in Sims, notwithstanding the dismissal of Plaintiffs' emotional distress causes of action as ordered by Judge Francis. The Clerk of Court is directed to terminate the motions to appeal the dismissal of the emotional distress claims. (Signed by Judge Richard J. Sullivan on 1/8/09) (mme) (Entered: 01/09/2009)
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                                                                                                                                                                                                                          Blank -- Filed: 5/9/2008, Entered: 5/19/2008 Pretrial Conference - Interim
                                                                                                                                                                                                                          Minute Entry for proceedings held before Judge Richard J. Sullivan: Pretrial Conference held on 5/9/2008 at 9:30; Duration 1 hour. Associated Cases: 1:04-cv-07922-RJS-JCF et al.(jmi)
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                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 73 Filed: 1/7/2009, Entered: None Court Filing
                                                                                                                                                                                                                            ORDER The Court will hold a telephone conference with counsel for the parties named below with respect to this matter on Thursday, January 8, 2009 at 5:00 p.m. Counsel for all parties are directed to gather on one conference line at the appointed time and call chambers at (212) 805- 0264 when all are present. (Signed by Judge Richard J. Sullivan on 1/7/09) (mme) (Entered: 01/09/2009)
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                                                                                                                                                                                                                              Legal Document 59 Filed: 4/29/2008, Entered: 4/29/2008 OrderCourt Filing
                                                                                                                                                                                                                              ORDER: that defendants' request is GRANTED. Defendants shall file their consolidated opposition brief within ten (10) days of the filing of plaintiffs' objections in the Eastwood and Araneda actions. Defendants' brief shall not exceed thirty (30) pages. Defendants may file their opposition brief under seal. Defendants shall file and serve unredacted copies of their brief on plaintiffs and the Court, as well as electronically file a redacted version of their brief. (Signed by Judge Richard J. Sullivan on 4/28/08) (tro)
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                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 72 Filed: 10/30/2008, Entered: None Court Filing
                                                                                                                                                                                                                                ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Michael L. Spiegel dated 10/30/2008 re: Counsel writes to request the Court's approval of an agreed-upon continuance of non-party deposition to a date on or before December 15, 2008. ENDORSEMENT: Application granted. So Ordered. (Signed by Magistrate Judge James C. Francis on 10/30/2008) (jfe) (Entered: 10/30/2008)
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                                                                                                                                                                                                                                  Legal Document 58 Filed: 4/29/2008, Entered: 4/29/2008 Objection (non-motion)
                                                                                                                                                                                                                                  Objection re: [57] Order, Set Deadlines/Hearings,,,,,,,, Dismissing Plaintiff Henry's Emotional Distress Damages Claims. Document filed by Jesse Henry. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Spiegel, Michael)
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                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 71 Filed: 10/10/2008, Entered: None Court Filing
                                                                                                                                                                                                                                    ORDER: It is hereby ordered as follows: 1. Plaintiffs' counsel in all RNC cases who have identified non-party witnesses who are to be deposed pursuant to Court order shall, by October 17, 2008, provide defendants' counsel with each witness' address so that subpoenas may be served. 2. By October 17, 2008, plaintiffs' counsel in MacNamara shall advise defendants' counsel of the specific RNC arrestees interviewed on "Democracy Now" and the specific Legal Aid or National Lawyers Guild attorneys involved in the RNC state court proceedings upon whom plaintiffs intend to rely. 3. With respect to the Court-ordered non-party depositions, defendants' counsel need not provide advance notice to plaintiffs' counsel before serving subpoenas that calls for the production of documents, defendants' counsel shall give plaintiffs' counsel three days' notice prior to serving the subpoena. So Ordered, ( Deposition due by 10/17/2008.) (Signed by Magistrate Judge James C. Francis on 10/10/08) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al. Copies Mailed By Chambers.(js) (Entered: 10/10/2008)
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                                                                                                                                                                                                                                      Legal Document 57 Filed: 4/15/2008, Entered: 4/15/2008 OrderCourt Filing
                                                                                                                                                                                                                                      ORDER: It is hereby ordered as follows: 1. The emotional distress claims of plaintiff Jesse Henry are dismissed, as he has declined to produce releases for relevant mental health records. 2. Defendants' application to dismiss the emotional distress and physical injury claims of plaintiff Guarav Jashnani is denied as frivolous. The releases requested relate to treatments having noting to do with any emotional distress or physical injury claim in this case. 3. Plaintiffs Corey Eastwood, Guarav Jashnani, Chris Dwyer, and Dan Dwyer shall be available for a continuation of their depositions on a date prior to May 16, 2008 agreed upon by counsel. The continued depositions shall be limited to questions relating to the belatedly produced non-RNC arrest records. They shall be conducted telephonically, with the plaintiffs bearing the cost of the calls. 4. Defendants' application for a preclusion order regarding plaintiffs' clothing is denied without prejudice to renewal at trial. So Ordered. (Signed by Magistrate Judge James C. Francis on 4/15/08) (js)
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                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 70 Filed: 10/2/2008, Entered: None Court Filing
                                                                                                                                                                                                                                        ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Curt P. Beck dated 9/30/08 re: Defendants writes to respectfully request additional time for the parties to complete the non-party depositions in the two RNC cases herein. With the consent of plaintiffs' counsel, defendants request that Your Honor extend the time for the parties to conclude the depositions of non-parties to and including 11/17/08. ENDORSEMENT: Application granted. No further extensions. (Signed by Magistrate Judge James C. Francis on 10/1/08) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF, 1:05-cv-09483-RJS-JCF(tro) (Entered: 10/02/2008)
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                                                                                                                                                                                                                                          Legal Document 56 Filed: 4/10/2008, Entered: 4/10/2008 Reply Memorandum of Law
                                                                                                                                                                                                                                          REPLY MEMORANDUM OF LAW re: [47] Objection (non-motion). Document filed by The City of New York. (Attachments: # (1) Declaration of Raju Sundaran with Exhibits)(Brooks, Jeffrey)
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                                                                                                                                                                                                                                            Legal Document 55 Filed: 4/9/2008, Entered: 4/9/2008 OrderCourt Filing
                                                                                                                                                                                                                                            ORDER that defendants' reply brief is rejected due to defendants' failure to comply with this Court's directives regarding both the length of the reply brief and defendants' obligation to seek permission to file oversized briefs well in advance of the due date. By April 11, 2008, defendants shall file a reply that complies with the page limit of fifteen pages previously imposed by this Court. Defendants are not permitted to add any substantive material-including new arguments, or case or record citations-to the revised reply brief; this prohibition will be strictly enforced. Finally, the Court advises defendants that, pursuant to Rule 16(f) of the Federal Rules of Civil Procedure, violations of pre-trial orders may be redressed with "any just orders" that the Court deems appropriate, including, but not limited to, the imposition of fees and costs. Fed.R.Civ.P.16(f)(1). Here, defendants have clearly failed to heed the Court's order regarding their obligation to seek an enlargement of page limits in advance of the due date. Repeated failures by defendants to abide by this instruction, or any other pre-trial order, will require this Court to consider the imposition of sanctions under Rule 16(f). SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/8/2008) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(jmi)
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                                                                                                                                                                                                                                              Legal Document 54 Filed: 4/8/2008, Entered: 4/8/2008 Declaration in Support
                                                                                                                                                                                                                                              DECLARATION of RAJU SUNDARAN in Support. Document filed by The City of New York. (Weiler, Fred)
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                                                                                                                                                                                                                                                Legal Document 53 Filed: 4/8/2008, Entered: 4/8/2008 Reply Memorandum of Law in Support
                                                                                                                                                                                                                                                REPLY MEMORANDUM OF LAW in Support. Document filed by The City of New York. (Weiler, Fred)
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                                                                                                                                                                                                                                                  Legal Document 52 Filed: 4/3/2008, Entered: 4/4/2008 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                  ENDORSED LETTER addressed to Judge Richard J. Sullivan from James Mirro dated 4/2/08 re: Defendants request that the Court permit them to file a brief of up to 20 pages in length, if necessary, in further support of their appeal of the 1/23/08 order of Magistrate Francis. ENDORSEMENT: Defendants' reply brief shall not exceed 15 pages. (Signed by Judge Richard J. Sullivan on 4/3/08) (tro)
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                                                                                                                                                                                                                                                    Legal Document 51 Filed: 3/31/2008, Entered: 3/31/2008 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Magistrate Judge James C. Francis from James Mirro dated 3/31/08 re: Defendants request that the Court permit all parties until Friday, April 4, 2008 to serve the information required by Your Honor's order. Plaintiffs' counsel Jeffrey Rothman, James Meyerson, Daniel Alterman, Brian Raum, Beldock Levine, Stehpan Peskin, Michael Spiegel, Alan Levine and Alan D. Levine consent to this request. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 3/31/08) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(djc)
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                                                                                                                                                                                                                                                      Blank 49 Filed: 3/25/2008, Entered: 3/26/2008 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                      ENDORSED LETTER addressed to Judge Richard J. Sullivan from Raju Sundaran dated 3/12/2008 re: Defendants request permission to file one hard copy set of exhibits with Clerk's office in connection with their Rule 72 objections to the January 23, 2008 Order of Magistrate Judge James C. Francis IV. Defendants have already filed and served their Memorandum of Law and Declaration in support via ECF in each of these 35 cases. Defendants request that this single set exhibits be docketed in all RNC case listed on the attached appendix in order to have a complete record in the event of an appeal. Due to their bulk, Your Honor previously excused defendants from filing their exhibits vis ECF by order dated March 3, 2008. A copy of that order (and appendix) is attached for the convenience of Your Honor and the Clerk's office. ENDORSEMENT: Defendants' request is Granted.Defendants shall also submit a set of the exhibits as courtesy copies to chambers. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/14/2008) Filed In Associated Cases: 1:04-cv-07922-RJS-JCF et al.(jmi)
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                                                                                                                                                                                                                                                        Legal Document 50 Filed: 3/19/2008, Entered: 3/28/2008 OrderCourt Filing
                                                                                                                                                                                                                                                        ORDER: It is hereby ordered as follows: 1. By March 31, 2008, counsel for all parties shall identify all non-party fact witnesses that they reasonably expect to testify at trial on behalf of their respective clients. 2. Absent exceptional circumstances, depositions of fact witnesses are concluded in all RNC cases, consistent with the case management orders. While some of the case management orders were extended de facto by the master deposition scheduling order, there was no basis for assuming that they had been abandoned altogether. This order does not preclude depositions necessitated by Judge Sullivan's determination of issues no pending before him. (Signed by Magistrate Judge James C. Francis on 3/19/08) Copies Mailed By Chambers.(js)
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                                                                                                                                                                                                                                                          Legal Document 48 Filed: 3/11/2008, Entered: 3/11/2008 Declaration in Support
                                                                                                                                                                                                                                                          DECLARATION of Raju Sundaran in Support re: [47] Objection (non-motion). Document filed by The City of New York. (Brooks, Jeffrey)
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                                                                                                                                                                                                                                                            Legal Document 47 Filed: 3/11/2008, Entered: 3/11/2008 Objection (non-motion)
                                                                                                                                                                                                                                                            Objection. Document filed by Carmine Fiore, Kavanagh, Patrick Quigley, Shaun Gumbs, John Colgan, Thomas Doepfner, Kerry Sweet, Ruby Marin-Jordan, David Cohen, The City of New York. (Sundaran, Raju)
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                                                                                                                                                                                                                                                              Legal Document 46 Filed: 3/6/2008, Entered: 3/7/2008 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                              ENDORSED LETTER addressed to Judge Richard J. Sullivan from James Mirro dated 2/25/2008 re: Defendants respectfully request that the Court permit the Brief in its current form. This appeal consolidates the arguments relating to some 37 separate cases. In addition, many of the issues discussed in the Brief, including the issues relating to the Deputy Commissioner for Intelligence David Cohen, are substantive issues that are of vital importance to defendants. In addition, due to the bulk of the Exhibits, defendants request permission not to file the Sundaran Declaration and Exhibits via ECF. Defendants have served these materials on opposing counsel in electronic form (on disks). ENDORSEMENT: Defendants' brief is accepted for filing. However the Court reminds defendants that requests to file over sized briefs should be filed well in advance of relevant due dates. Failure to do so in the future well result in rejection of the brief in this entirety. Defendants need not file the exhibits referenced herein via ECF. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/3/2008) (jmi)
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                                                                                                                                                                                                                                                                Legal Document 45 Filed: 2/25/2008, Entered: 2/25/2008 Appellants Brief
                                                                                                                                                                                                                                                                Appellant's BRIEF. Document filed by The City of New York. Appellee Brief due by 3/14/2008. (Mirro, James)
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                                                                                                                                                                                                                                                                  Legal Document 44 Filed: 2/13/2008, Entered: 2/13/2008 Summons Returned Executed
                                                                                                                                                                                                                                                                  SUMMONS RETURNED EXECUTED. John Colgan served on 2/4/2008, answer due 2/24/2008; Thomas Doepfner served on 2/4/2008, answer due 2/24/2008; Kerry Sweet served on 2/4/2008, answer due 2/24/2008; Ruby Marin-Jordan served on 2/4/2008, answer due 2/24/2008; David Cohen served on 2/4/2008, answer due 2/24/2008. Service was accepted by Det. David Kao; Lisa Moore, attorney with the Legal Bureau; Det. James Klobus. Service was made by Mail. Document filed by Corey Eastwood; Jesse Henry; Gaurav Jashnani; Chris Dwyer; Daniel Dwyer. (Spiegel, Michael)
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                                                                                                                                                                                                                                                                    Legal Document 43 Filed: 1/28/2008, Entered: 2/4/2008 Amended Complaint
                                                                                                                                                                                                                                                                    AMENDED COMPLAINT amending [1] Complaint, against John Colgan, Thomas Doepfner, Kerry Sweet, Ruby Marin-Jordan, David Cohen, Carmine Fiore, Kavanagh, Patrick Quigley, Shaun Gumbs, Does, Roes, The City of New York. Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer. Related document: [1] Complaint, filed by Daniel Dwyer, Chris Dwyer, Gaurav Jashnani, Corey Eastwood, Jesse Henry. (jco)
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                                                                                                                                                                                                                                                                      Blank 42 Filed: 1/25/2008, Entered: 1/25/2008 LetterCourt Filing
                                                                                                                                                                                                                                                                      LETTER addressed to Magistrate Judge James C. Francis from Michael Spiegel dated 1/21/08 re: reply to A.C.C. Beck's January 18, 2008 response to plaintiffs' January 10, 2008 motion to preclude evidence...; Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer.(djc)
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                                                                                                                                                                                                                                                                        Blank 41 Filed: 1/25/2008, Entered: 1/25/2008 LetterCourt Filing
                                                                                                                                                                                                                                                                        LETTER addressed to Magistrate Judge James C. Francis IV from Curt P. Beck dated 1/18/08 re: counsel writes in accordance with Your Honor's clerk's request to respond to Mr. Spiegel's letter of January 10, 2007 by today. Document filed by Carmine Fiore, Kavanagh, Patrick Quigley, Shaun Gumbs, Does, Roes, The City of New York.(djc)
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                                                                                                                                                                                                                                                                          Legal Document 40 Filed: 1/23/2008, Entered: 1/23/2008 OrderCourt Filing
                                                                                                                                                                                                                                                                          MEMORANDUM AND ORDER: The plaintiffs' Motion (Amend/Correct) are GRANTED IN PART AND DENIED IN PART as further set forth in said Order. Within 10 days, the plaintiffs shall serve and file amended complaints that conform with this Order. (Signed by Magistrate Judge James C. Francis on 1/23/08) Copies Mailed by Chambers. (db)
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                                                                                                                                                                                                                                                                            Legal Document 39 Filed: 1/23/2008, Entered: 1/23/2008 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                            ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Michael L. Spiegel dated 1/10/08 re: Plaintiff's Motions to preclude certain evidence, and to Compel the production of certain evidence. ENDORSEMENT: The application to preclude testimony or other evidence concerning the unidentified officer is denied as premature. The application to compel production of the videotapes is denied without prejudice pending a deposition of the videographers. The application to compel defendants to identify previous lawsuits and produce deposition transcripts is granted. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 1/22/08) (db)
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                                                                                                                                                                                                                                                                              Legal Document 38 Filed: 10/24/2007, Entered: 10/24/2007 Declaration in Opposition to Motion
                                                                                                                                                                                                                                                                              DECLARATION of Raju Sundaran in Opposition re: [32] MOTION for Leave to File Amended Complaint.. Document filed by The City of New York. (Brooks, Jeffrey)
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                                                                                                                                                                                                                                                                                Legal Document 37 Filed: 10/24/2007, Entered: 10/24/2007 Memorandum of Law in Opposition to Motion
                                                                                                                                                                                                                                                                                MEMORANDUM OF LAW in Opposition re: [32] MOTION for Leave to File Amended Complaint.. Document filed by The City of New York. (Brooks, Jeffrey)
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                                                                                                                                                                                                                                                                                  Legal Document 36 Filed: 10/2/2007, Entered: 10/5/2007 Notice of Case Assignment/ReassignmentCourt Filing
                                                                                                                                                                                                                                                                                  NOTICE OF CASE REASSIGNMENT to Judge Richard J. Sullivan. Judge Kenneth M. Karas is no longer assigned to the case. (fk)
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                                                                                                                                                                                                                                                                                    Legal Document 35 Filed: 9/4/2007, Entered: 9/13/2007 Notice of Case Assignment/ReassignmentCourt Filing
                                                                                                                                                                                                                                                                                    NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas' White Plains Docket. (fk)
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                                                                                                                                                                                                                                                                                      Legal Document 34 Filed: 8/30/2007, Entered: 8/30/2007 Declaration in Support of Motion
                                                                                                                                                                                                                                                                                      DECLARATION of Michael L. Spiegel in Support re: [32] MOTION for Leave to File Amended Complaint.. Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer. (Attachments: # (1) Exhibit Third Amended Complaint# (2) Exhibit Third Amended Complaint# (3) Exhibit Amended Complaint# (4) Exhibit Amended Complaint# (5) Exhibit Complaint)(Spiegel, Michael)
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                                                                                                                                                                                                                                                                                      Legal Document 33 Filed: 8/30/2007, Entered: 8/30/2007 Memorandum of Law in Support of Motion
                                                                                                                                                                                                                                                                                      MEMORANDUM OF LAW in Support re: [32] MOTION for Leave to File Amended Complaint.. Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer. (Spiegel, Michael)
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                                                                                                                                                                                                                                                                                        Legal Document 32 Filed: 8/30/2007, Entered: 8/30/2007, Terminated: 1/23/2008 Motion for Leave to File Document
                                                                                                                                                                                                                                                                                        MOTION for Leave to File Amended Complaint. Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer.(Spiegel, Michael)
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                                                                                                                                                                                                                                                                                          Legal Document 31 Filed: 6/15/2007, Entered: 6/15/2007 OrderCourt Filing
                                                                                                                                                                                                                                                                                          ORDER: Counsel in the consolidated RNC cases having failed to cooperate in the scheduling of depositions as anticipated by Discovery Order #2, it is hereby ordered as follows: The defense witnesses scheduled to be deposed on dates on or after June 19, 2007 as set forth in the letters of Jeffrey A. Rothman dated May 14, 2007, Michael L. Spiegel dated May 23, 2007, and Jonathan Moore and Clare Norins dated June 7, 2007 shall appear on the dates indicated in those letters. Counsel shall have until June 29, 2007 to agree on specific deposition dates for any other defense witnesses identified by then and for all plaintiffs. the agreed upon dates shall not extend beyond November 16, 2007. After June 29, 2007, no additional fact witnesses shall be noticed for deposition absent: (a) agreement of the parties or (b) a showing that the witness could not reasonably have been identified prior to that date. On July 2, 2007, counsel for each party noticing depositions shall provide a letter to the Court listing all dates agreed upon pursuant to paragraph 2 of this order, which letters shall be "So Ordered." On July 2, 2007, counsel for each party noticing depositions shall also provide a separate letter identifying all witnesses for whom no date has been agreed upon. i will then schedule all such depositions. That schedule shall, by necessity, be arbitrary and inflexible. Following the pretrial conference scheduled for June 29, 2007, counsel may utilize my Courtroom to discuss the master deposition schedule among themselves. This order applies to all RNC cases consolidated for discovery. So Ordered. (Signed by Judge James C. Francis on 6/15/07) (js)
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                                                                                                                                                                                                                                                                                            Legal Document 30 Filed: 5/1/2007, Entered: 5/2/2007 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                            ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Michael Spiegel dated 3/15/07 re: counsel for plaintiffs request that the court order dfts to pay for the costs of obtaining this discovery, including attorney's fees, to provide videos and documents cost free to all plaintiffs' counsel by 3/23/07 and to permit the re-opening of depositions at dfts' cost in order to allow plaintiffs to question witnesses based upon this newly obtained information and that dfts should also be required to provide substantive responses to plaintiffs' interrogatories nos. 14 and 15 in the Abdell case. Applications denied, except that : dfts' shall provide substantive responses to interrogatory nos. 14 and 15 and plaintiffs' request to reopen depositions is denied without prejudice to a showing that reopening specific depositions is warranted by the newly produced aerial photos. (Signed by Judge James C. Francis on 4/30/07) (dle) Modified on 5/2/2007 (Lewis, Diahan).
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                                                                                                                                                                                                                                                                                              Blank -- Filed: 4/30/2007, Entered: 5/2/2007 Reply
                                                                                                                                                                                                                                                                                              REPLY to re: Assistant Corporation Counsel Jeffery A. Dougherty's April 6,2007 Letter responding to plaintiffs March 15,2007 application for sanctions and an order compelling responses to certain interrogatories. The plaintiffs respectfully request that their apllications for sanctions be granted. original filed in 05cv8453 Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer. (jpo)
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                                                                                                                                                                                                                                                                                                Blank -- Filed: 4/27/2007, Entered: 5/7/2007 Pretrial Conference - Interim
                                                                                                                                                                                                                                                                                                Minute Entry for proceedings held before Judge James C. Francis : Pretrial Conference held on 4/27/2007. (jco)
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                                                                                                                                                                                                                                                                                                  Legal Document 29 Filed: 4/11/2007, Entered: 4/12/2007 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                  ENDORSED LETTER addressed to Judge Karas from Michael Spiegel dated 3/28/07 re plntfs herein join in the MacNamara Rule 72 objections, and respectfully request to be permitted to participate in any oral argument: so ordered. (Signed by Judge Kenneth M. Karas on 4/4/02) (cd)
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                                                                                                                                                                                                                                                                                                    Legal Document 28 Filed: 4/10/2007, Entered: 4/11/2007 OrderCourt Filing
                                                                                                                                                                                                                                                                                                    ORDER with respect to the antiwar demonstrations on 2/15/03 and March 22,2003 and the World Economic Forum demonstrations in February 2002, defendants shall produce the requested critiques, after-action reports, and Criminal Justice Bureau analyses of Mass arrest Processing Plans. These events occurred close in time to the Republican National Convention ("RNC"), and experience gleaned form them informed police strategies for the RNC. The requested documents are therefore relevant. Claims of deliberative process privilege are rejected for the reasons set forth in my Order of March 14, 2007 in MacNamara v. City of New York, 04cv9216, and claims of law enforcement privilege are rejected for the reasons set forth in my Order of 1/19/07 in Schiller v. City of New York, 04 Civ. 7922. Defendants may redact irrelevant personal information such as the identification of arrestees. They may also redact information that has no bearing on issues raised in the RNC litigation, provided that they identify in a log or otherwise the subject matter of the redacted portions. So Ordered. (Signed by Judge James C. Francis on 4/10/07) (jco)
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                                                                                                                                                                                                                                                                                                      Blank -- Filed: 3/16/2007, Entered: 4/4/2007 Pretrial Conference - Interim
                                                                                                                                                                                                                                                                                                      Minute Entry for proceedings held before Judge James C. Francis : Interim Pretrial Conference held on 3/16/2007. (djc)
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                                                                                                                                                                                                                                                                                                        Legal Document 27 Filed: 3/12/2007, Entered: 3/13/2007 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                        ENDORSED LETTER addressed to Judge Francis from Michael Spiegel dated 3/9/07 re plntf request to extend time to 3/23/07 to provide the outstanding releases related to plntf Jashnani: application granted. (Signed by Judge James C. Francis on 3/9/07) (cd)
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                                                                                                                                                                                                                                                                                                          Blank 26 Filed: 2/26/2007, Entered: 2/28/2007 LetterCourt Filing
                                                                                                                                                                                                                                                                                                          LETTER addressed to Magistrate Judge James C. Francis, IV from Curt P. Beck dated 2/20/07 re: Responding to Mr. Spiegel's two letters, and pursuant to Your Honor's scheduling orders.. Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer.(sac)
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                                                                                                                                                                                                                                                                                                            Blank 25 Filed: 2/26/2007, Entered: 2/28/2007 LetterCourt Filing
                                                                                                                                                                                                                                                                                                            SUPPLEMENTAL LETTER addressed to Magistrate Judge James C. Francis, IV from Michael L. Spiegel dated 2/5/07 re: Responding to Assistant Corporation Counsel Curt P. Beck's 1/16/07 letter, concerning plaintiffs' discovery responses.. Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer.(sac)
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                                                                                                                                                                                                                                                                                                              Blank 24 Filed: 2/26/2007, Entered: 2/28/2007 LetterCourt Filing
                                                                                                                                                                                                                                                                                                              LETTER addressed to Magistrate Judge James C. Francis, IV from Michael L. Spiegel dated 2/5/07 re: Responding to Assistant Corporation Counsel Curt P. Beck's 1/16/07 letter, concerning plaintiffs' discovery responses.. Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer.(sac)
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                                                                                                                                                                                                                                                                                                                Blank 23 Filed: 2/26/2007, Entered: 2/28/2007 LetterCourt Filing
                                                                                                                                                                                                                                                                                                                LETTER addressed to Magistrate Judge James C. Francis, IV from Curt P. Beck dated 1/16/07 re: Defendants' in accordance with Your Honor's instruction at the post-status conference regarding discovery, serve each of the five plaintiffs' with: (1) Release for the Employment Records; (2) General Release for Medical Health Information; (3) Release for NYC HHC to Disclose Information; (4) Release for Health Information pursuant to HIPAA; (5) Release to Disclose Prescription Drug Information; (6) Release for Unemployment Records; (7) Release for Social Security Disability Records; (8) Release for Medicare or Medicaid Records; (9) Release for Insurance Carrier Records, and (10) Release for School Records. Document filed by Carmine Fiore, Patrick Quigley, Shaun Gumbs, The City of New York.(sac)
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                                                                                                                                                                                                                                                                                                                  Legal Document 22 Filed: 2/26/2007, Entered: 2/27/2007 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                  ORDER; resolution of several discovery disputes in the manner that is set forth in this Order. (Signed by Judge James C. Francis on 2/26/07) (pl)
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                                                                                                                                                                                                                                                                                                                    Legal Document 21 Filed: 2/13/2007, Entered: 2/14/2007 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Judge James C. Francis IV from Curt P. Beck dated 2/12/07 re: Counsel writes in response to Mr. Spiegel's two letter and request additional time for defendants' to reply. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge James C. Francis on 2/12/07) (jco)
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                                                                                                                                                                                                                                                                                                                      Legal Document 20 Filed: 1/12/2007, Entered: 1/23/2007 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                      ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Peter G. Farrell dated 1/10/07 re: Attorney for defendants request an order that the documents shall be subject to attorneys eyes only designation and shall be used in the litigation of the RNC cases consolidated before Your Honor. ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge James C. Francis on 1/12/07) (js) (Entered: 01/16/2007)Filed In Associated Cases: 1:04-cv-7922-KMK-JCF et al.(rag)
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                                                                                                                                                                                                                                                                                                                      Legal Document 19 Filed: 1/12/2007, Entered: 1/16/2007 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                      ORDER: By January 16, 2007 defendants counsel shall identify all discovery responses still awaited from plaintiffs, including any authorizations for the release of records.Responses due by 2/5/2007,Replies due by 2/12/2007. (Signed by Judge James C. Francis on 1/12/07) (js)
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                                                                                                                                                                                                                                                                                                                        Legal Document 18 Filed: 11/13/2006, Entered: 11/17/2006 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                        DISCOVERY ORDER #2: It is hereby ordered as follows: counsel for any party seeking to take a deposition may serve a notice on counsel for the party to be deposed at any time in advance of the deadline for doing so as set forth in the case management order governing each individual action. All other rulings as set forth in this order. (Signed by Magistrate Judge James C. Francis on 11/13/2006) Copies Mailed By Chambers(lb, )
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                                                                                                                                                                                                                                                                                                                          Blank 17 Filed: 10/31/2006, Entered: 11/2/2006 LetterCourt Filing
                                                                                                                                                                                                                                                                                                                          LETTER addressed to Magistrate Judge James C. Francis from Curt P. Beck dated 10/19/06 re: response to letter of Michael L. Spiegel dated 10/18/06. Document filed by Carmine Fiore, Kavanagh, Patrick Quigley, Shaun Gumbs, Does, Roes, The City of New York.(dle, )
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                                                                                                                                                                                                                                                                                                                            Legal Document 16 Filed: 10/31/2006, Entered: 10/31/2006 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                            ENDORSED LETTER addressed to Judge James C. Francis from Michael L. Spiegel dated 10/18/06 re: a request that defendants be ordered to produce discovery by 11/17/2006 and that the four named police officers be produced for depositions by 12/15/2006. ENDORSEMENT: Applications granted, except (1) if a document was created but cannot be located, a detailed explanatory letter (rather than an affidavit) will suffice (2) No order regarding deposition dates will be made until the possibility of a coordinated schedule is discussed on 11/9/2006. SO ORDERED. (Signed by Judge James C. Francis on 10/30/06) (kco, )
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                                                                                                                                                                                                                                                                                                                              Legal Document 15 Filed: 10/24/2006, Entered: 10/25/2006 Protective OrderCourt Filing
                                                                                                                                                                                                                                                                                                                              PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Magistrate Judge James C. Francis on 10/20/2006) (lb, )
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                                                                                                                                                                                                                                                                                                                                Blank -- Filed: 9/15/2006, Entered: 9/19/2006 Letter
                                                                                                                                                                                                                                                                                                                                LETTER addressed to Mag. Judge Francis from Michael L. Spiegel dated 6/22/06 re: response to A.D.A. Patricia Bailey's letter brief dated June 13, 2006...;. (original docmt dktd in case no. 05 cv 8453, docmt #37) (djc, )
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                                                                                                                                                                                                                                                                                                                                  Blank -- Filed: 7/10/2006, Entered: 7/19/2006 Pretrial Conference - Interim
                                                                                                                                                                                                                                                                                                                                  Minute Entry for proceedings held before Judge James C. Francis : Pretrial Conference held on 7/10/2006 at 11:00 am. (jmi, )
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                                                                                                                                                                                                                                                                                                                                    Legal Document 14 Filed: 4/28/2006, Entered: 4/28/2006 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                    ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from James Mirro dated 4/26/06 re: Application GRANTED. The attached Discovery Order # 1 and Protective Order # 1 are to be entered in the cases listed on pages 2 and 3 of said Order. Original filed in 04cv7922, document # 59. (Signed by Judge James C. Francis on 4/27/06) (db, )
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                                                                                                                                                                                                                                                                                                                                      Legal Document 13 Filed: 4/12/2006, Entered: 4/12/2006 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                      NOTICE OF APPEARANCE by Curt Peter Beck on behalf of The City of New York (Beck, Curt)
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                                                                                                                                                                                                                                                                                                                                        Legal Document 12 Filed: 2/10/2006, Entered: 2/10/2006 Answer
                                                                                                                                                                                                                                                                                                                                        ANSWER to Complaint. Document filed by Carmine Fiore, Kavanagh, Patrick Quigley, Shaun Gumbs, The City of New York.(Weiss, Jed)
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                                                                                                                                                                                                                                                                                                                                          Legal Document 11 Filed: 2/7/2006, Entered: 2/7/2006 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                          ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Jed M. Weiss dated 2/6/06 re: Application GRANTED. The time for defendant City of New York to respond to the complaint is extended to 2/10/06. (Signed by Judge James C. Francis on 2/6/06) (db, )
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                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 2/7/2006, Entered: 2/7/2006 Set Answer Due Date
                                                                                                                                                                                                                                                                                                                                            Set Answer Due Date purs. to [11] Endorsed Letter, as to The City of New York answer due on 2/10/2006. (db, )
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                                                                                                                                                                                                                                                                                                                                              Blank -- Filed: 1/18/2006, Entered: 1/25/2006 Pretrial Conference - Interim
                                                                                                                                                                                                                                                                                                                                              Minute Entry for proceedings held before Judge James C. Francis : Interim Pretrial Conference held on 1/18/2006. (djc, )
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                                                                                                                                                                                                                                                                                                                                                Legal Document 10 Filed: 12/22/2005, Entered: 1/5/2006 Order Referring Case to Magistrate JudgeCourt Filing
                                                                                                                                                                                                                                                                                                                                                ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial (includes scheduling, discovery, non dispositive pretrial motions and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Kenneth M. Karas on 12/15/05) (dle, )
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                                                                                                                                                                                                                                                                                                                                                  Legal Document 9 Filed: 12/20/2005, Entered: 1/4/2006 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                  AMENDED CONSOLIDATION ORDER; To date, the attached list of cases have been assigned and reassigned to this court as related to the protest activity and arrests during the 2004 Republic National Convention. These cases are hereby consolidated with 04 cv 7922, Schiller v. City of NY, for discovery purposes as related to the protest activity and arrests during the 2004 Republican National Convention and is referred to Magistrate Judge Francis for discovery; (Signed by Judge Kenneth M. Karas on 12/20/05); (orig. docmt dktd in 04-7922, docmt #45) (Signed by Judge Kenneth M. Karas on 12/20/05) (djc, )
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                                                                                                                                                                                                                                                                                                                                                    Blank -- Filed: 12/20/2005, Entered: 3/26/2008 Case Consolidation - Member
                                                                                                                                                                                                                                                                                                                                                    CONSOLIDATED MEMBER CASE: Create association to 1:04-cv-07922-RJS-JCF.. (jmi)
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                                                                                                                                                                                                                                                                                                                                                      Legal Document 8 Filed: 12/13/2005, Entered: 12/13/2005 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                      NOTICE OF APPEARANCE by Jed M. Weiss on behalf of The City of New York (Weiss, Jed)
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                                                                                                                                                                                                                                                                                                                                                        Legal Document 7 Filed: 12/13/2005, Entered: 12/13/2005 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                        NOTICE OF APPEARANCE by Jay Alan Kranis on behalf of The City of New York (Kranis, Jay)
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                                                                                                                                                                                                                                                                                                                                                          Legal Document 6 Filed: 12/8/2005, Entered: 12/9/2005 Endorsed LetterCourt Filing
                                                                                                                                                                                                                                                                                                                                                          ENDORSED LETTER addressed to Mag. Judge James C. Francis, IV from Jed M. Weiss dated 12/5/05 re: Extending time of all dfts to move, or otherwise respond to complaint be extended to and including 2/3/06. (Signed by Judge James C. Francis on 12/8/05) (pl, )
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                                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 12/8/2005, Entered: 12/9/2005 Set Answer Due Date
                                                                                                                                                                                                                                                                                                                                                            Set Answer Due Date purs. to [6] Endorsed Letter, as to Carmine Fiore answer due on 2/3/2006; Kavanagh answer due on 2/3/2006; Patrick Quigley answer due on 2/3/2006; Shaun Gumbs answer due on 2/3/2006; Does answer due on 2/3/2006; Roes answer due on 2/3/2006; The City of New York answer due on 2/3/2006. (pl, )
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                                                                                                                                                                                                                                                                                                                                                              Legal Document 5 Filed: 11/28/2005, Entered: 11/30/2005 Notice of Case Assignment/ReassignmentCourt Filing
                                                                                                                                                                                                                                                                                                                                                              NOTICE OF CASE ASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned no longer assigned to the case. (jeh, )
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                                                                                                                                                                                                                                                                                                                                                                Blank -- Filed: 11/28/2005, Entered: 11/30/2005 Case Designation
                                                                                                                                                                                                                                                                                                                                                                Magistrate Judge James C. Francis is so designated. (jeh, )
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                                                                                                                                                                                                                                                                                                                                                                  Blank -- Filed: 11/28/2005, Entered: 11/30/2005 Case Accepted as Related
                                                                                                                                                                                                                                                                                                                                                                  CASE ACCEPTED AS RELATED TO 04cv9216. Notice of Assignment to follow. (jeh, )
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                                                                                                                                                                                                                                                                                                                                                                    Legal Document 4 Filed: 11/22/2005, Entered: 11/22/2005 Summons Returned Executed
                                                                                                                                                                                                                                                                                                                                                                    SUMMONS RETURNED EXECUTED. Carmine Fiore served on 11/16/2005, answer due 12/6/2005; Kavanagh served on 11/14/2005, answer due 12/5/2005; Patrick Quigley served on 11/16/2005, answer due 12/6/2005; Shaun Gumbs served on 11/16/2005, answer due 12/6/2005. Service was accepted by Sgt. Campose (#1673) and P.O. Melindones (#8989). Service was made by Mail. Document filed by Corey Eastwood; Jesse Henry; Gaurav Jashnani; Chris Dwyer; Daniel Dwyer. (Spiegel, Michael)
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                                                                                                                                                                                                                                                                                                                                                                      Legal Document 3 Filed: 11/18/2005, Entered: 11/18/2005 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                      ORDER; That cases 05cv9483 (KMK) and 04cv7922(KMK), is discovery purposes as related to the protest activity and arrest during the 2004 Republican National Convention and is referred to Mag. Judge Francis for general pre-trial purposes and discovery. (Signed by Judge Kenneth M. Karas on 12/17/05) (pl, )
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                                                                                                                                                                                                                                                                                                                                                                        Legal Document 2 Filed: 11/15/2005, Entered: 11/15/2005 Summons Returned Executed
                                                                                                                                                                                                                                                                                                                                                                        SUMMONS RETURNED EXECUTED. The City of New York served on 11/14/2005, answer due 12/5/2005. Service was accepted by Madelyn Santana, Docketing Clerk. Document filed by Corey Eastwood; Jesse Henry; Gaurav Jashnani; Chris Dwyer; Daniel Dwyer. (Spiegel, Michael)
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                                                                                                                                                                                                                                                                                                                                                                          Legal Document 1 Filed: 11/9/2005, Entered: 11/10/2005 Complaint
                                                                                                                                                                                                                                                                                                                                                                          COMPLAINT against Carmine Fiore, Kavanagh, Patrick Quigley, Shaun Gumbs, Does, Roes, The City of New York. (Filing Fee $ 250.00, Receipt Number 561176)Document filed by Corey Eastwood, Jesse Henry, Gaurav Jashnani, Chris Dwyer, Daniel Dwyer.(jeh, )
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                                                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 11/9/2005, Entered: 11/10/2005 Case Referred as Possibly Related/Similar
                                                                                                                                                                                                                                                                                                                                                                            CASE REFERRED TO Judge Kenneth M. Karas as possibly Similar to 1:04cv9216. (jeh, )
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                                                                                                                                                                                                                                                                                                                                                                              Blank -- Filed: 11/9/2005, Entered: 11/10/2005 Case Designated ECF.
                                                                                                                                                                                                                                                                                                                                                                              Case Designated ECF. (jeh, )
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                                                                                                                                                                                                                                                                                                                                                                                Blank -- Filed: 11/9/2005, Entered: 11/10/2005 Summons Issued
                                                                                                                                                                                                                                                                                                                                                                                SUMMONS ISSUED as to Carmine Fiore, Kavanagh, Patrick Quigley, Shaun Gumbs, Does, Roes, The City of New York. (jeh, )
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