Case: Latino Officers Ass'n of New York v. City of New York

1:99-cv-09568 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 9, 1999

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On September 9, 1999, Latino and African-American police officers filed a putative class action against the City of New York and the New York Police Department ("NYPD") in the U.S. District Court for the Southern District of New York. The plaintiffs alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981, 1983, 1985, and state and local laws. Specifically, the plaintiffs contended that NYPD’s work environment was hostile to Latino and African-American officers, that NYPD's application of its disciplinary rules and processes embodied a pattern or practice of disparate treatment, and that they were retaliated against when they complained about discrimination. Represented by private counsel and an attorney from the Stanford Law School Center for Internet & Society, the plaintiffs sought an injunction requiring the NYPD to abolish discrimination, ensure equal treatment, cease retaliation, and change the disciplinary procedure. The plaintiffs filed two amended complaints, one on October 7, 1999 and the other on December 3, 1999.

On December 15, 2000, the plaintiffs moved to certify a class consisting of “all Latino and African–American individuals who have been, are, or will be employed by the NYPD as uniformed officers, including civilians who perform the same employment functions as uniformed officers, who have been or will be subjected to discrimination on the basis of race, color or national origin in the form of a hostile work environment, disparate disciplinary treatment, and retaliation for the exercise of their rights.” On August 6, 2002, Judge Lewis A. Kaplan granted the plaintiffs’ motion in part. Judge Kaplan severed the liability stage from the individual remedial stage and certified the liability stage of the claims. 209 F.R.D. 79.

The defendants moved for summary judgment as to specific plaintiffs on December 5, 2001; they also moved for summary judgment for other plaintiffs on March 11, 2003. Judge Kaplan issued separate rulings as to summary judgment on different claims.

On April 1, 2003, Judge Kaplan addressed one of the summary judgment issues, which was whether several plaintiffs' claims were precluded because they had already litigated them in state court. He held that several issues could not be re-litigated, which meant that one plaintiff had their wrongful termination claim dismissed, and two others could not re-litigate specific issues. 253 F. Supp. 2d 771.

On June 16, 2003, Judge Kaplan granted partial summary judgment to the defendants as to one plaintiff's claims. He denied summary judgment as to the hostile work environment and retaliation claims, but held that taking down Latino Officers Association flyers from bulletin boards was not an adverse employment action. 2003 WL 21396689. On the same day, in a separate opinion, Judge Kaplan dismissed some claims because they had already been raised in other lawsuits. 2003 WL 21437057.

On July 7, 2003, the plaintiffs also moved for summary judgment. A week later, on July 14, Judge Kaplan denied summary judgment to both parties on all issues. Judge Kaplan rejected the defendants' argument that statistics contradicted the plaintiffs' allegations about a pattern or practice of discrimination, or that their Equal Employment Opportunity program meant they were not engaging in discrimination. He also held that the defendants' arguments about what kind of relief the court could grant should be decided later. As to the plaintiffs' claims, Judge Kaplan held that the statistical evidence of discrimination by the defendants was inconclusive, and that the inference of discrimination from data was a question for trial, not summary judgment. 2003 WL 21638165.

On March 18, 2004, the parties made a joint application for an order preliminarily approving the settlement of the class action. Pursuant to the settlement agreement, NYPD agreed to changes to the disciplinary and equal employment practices and procedures, including requirements related to record-keeping and databases. NYPD would pay the plaintiffs $20 million and pay class counsel $4.8 million for attorneys’ fees and costs.

On September 15, 2004, Judge Kaplan approved this settlement agreement and the award of attorneys’ fees and costs as fair, reasonable, and adequate. The court also certified an amended class defined as “all Latino and African–American individuals who have been, are, or will be employed by the NYPD as members of the force, who have been or will be subjected to discrimination on the basis of race, color or national origin in the form of a hostile work environment, disparate disciplinary treatment, and retaliation for the exercise of their rights.” The court retained jurisdiction for 27 months after the agreement's implementation. 2004 WL 2066605.

Four plaintiffs opted out of the settlement agreement, and continued litigating. Three later settled, including one who was paid $85,000 by the defendants. The fourth plaintiff had a jury trial in May of 2005, and the court directed a verdict for the defendants.

On December 6, 2006, the plaintiffs moved to hold the defendants in contempt and compel them to comply with the settlement agreement. On October 26, 2007, Judge Kaplan denied the motion, holding that the defendants were complying with the agreement. 519 F. Supp. 2d 438. The plaintiffs appealed to the U.S. Court of Appeals for the Second Circuit, which affirmed the ruling in March of 2009, finding that the defendants had addressed discrimination in the NYPD in significant ways. 558 F. 3d 159.

On September 2014, one of the class members sought to reopen his case because he remained unhappy with the relief he obtained. Since he did not serve copies of his papers on any of the parties, his application was denied without prejudice.

There has been no docket activity since. We presume the case is closed.

Summary Authors

Kunyi Zhang (8/30/2010)

Sichun Liu (12/7/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4923444/parties/latino-officers-v-the-city-of-new-york/

Judge(s)

Fox, Kevin N. (New York)

Attorney for Plaintiff

Anderson, Catherine Elizabeth (New York)

Epstein, Joshua H. (New York)

Goodman, William Harry (New York)

Attorney for Defendant

Expert/Monitor/Master/Other

Judge(s)

Fox, Kevin N. (New York)

Kaplan, Lewis A. (New York)

Attorney for Plaintiff

Anderson, Catherine Elizabeth (New York)

Epstein, Joshua H. (New York)

Goodman, William Harry (New York)

Lax, Barry Richard (New York)

Levy, Richard Alan (New York)

McPherson, Laurie J (New York)

Mintz, Steven Glen (New York)

Paolicelli, Diane M. (New York)

Raible, Philip S. (New York)

Riopelle, Roland Gustaf (New York)

Solotaroff, Jason Louis (New York)

Spergel, Robert H. (New York)

Attorney for Defendant

Lemonedes, James M. (New York)

O'Neill, Julie E. (New York)

Expert/Monitor/Master

Feinberg, Kenneth (New York)

Woodin, Peter (New York)

Other

Olshansky, Barbara J. (New York)

Thomas, James K (Georgia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:99-cv-09568	Docket Latino Officers v. The City of New York	Sept. 3, 2014	Sept. 3, 2014 Docket
20 1:99-cv-09568	Opinion (Denying Motion to Consolidate)	July 26, 2000	July 26, 2000 Order/Opinion 2000 WL 1030623
44 1:99-cv-09568	Order (For Additional Briefing) Latino Officers Officers Ass'n of New York v. City of New York	April 4, 2002	April 4, 2002 Order/Opinion 2002 WL 511548
49 1:99-cv-09568	Opinion (Certifying Class)	Aug. 6, 2002	Aug. 6, 2002 Order/Opinion 209 F.R.D. 79
110 1:99-cv-09568	Opinion (Denying in Part Defendants' Motion for Summary Judgment)	April 1, 2003	April 1, 2003 Order/Opinion 253 F.Supp.2d 771
116 1:99-cv-09568	Opinion (Motion to Compel) Officers Ass'n v. City of New York	April 9, 2003	April 9, 2003 Order/Opinion 2003 WL 1883418
119 1:99-cv-09568	Opinion Officers Ass'n v. City of New York	April 22, 2003	April 22, 2003 Order/Opinion 2003 U.S.Dist.LEXIS 6506
155 1:99-cv-09568	Opinion (Denying Defendants' Motion for Summary Judgment)	June 18, 2003	June 18, 2003 Order/Opinion 2003 WL 21396689
156 1:99-cv-09568	Opinion (Granting in Part and Denying in Part Defendants' Motion for Summary Judgment)	June 18, 2003	June 18, 2003 Order/Opinion 2003 WL 21437057
170 1:99-cv-09568	Opinion (Denying Cross-Motions for Summary Judgment)	July 14, 2003	July 14, 2003 Order/Opinion 2003 WL 21638165

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4923444/latino-officers-v-the-city-of-new-york/

Last updated April 6, 2025, 1:27 p.m.

ECF Number	Date	Description	Link
1	Sept. 9, 1999	COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 353998. (em) (Entered: 09/10/1999)	RECAP
2	Sept. 9, 1999	Filed Plaintiffs' Statement of Relatedness pursuant to Local Rule 1.6. (em) (Entered: 09/10/1999)	RECAP
3	Sept. 9, 1999	RULE 1.9 CERTIFICATE filed by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu and Daniel Figueroa. (em) (Entered: 09/10/1999)	RECAP
	Sept. 9, 1999	CASE REFERRED TO: Judge Denny Chin. (em)
	Sept. 16, 1999	Case referred as related to 1:99 civ 2497 and declined by Judge Denny Chin and returned to wheel for assignment. (em) (Entered: 09/20/1999)	PACER
4	Sept. 16, 1999	Notice of assignment to Judge Lewis A. Kaplan. Copy of notice and judge's rules mailed to Attorney(s) of record: Robert H. Spergel, William Goodman, Barbara J. Olshansky, and Richard A. Levy. (em) (Entered: 09/20/1999)	RECAP
	Sept. 16, 1999	Case referred as related to 1:99 civ 2497 and declined by Judge Denny Chin and returned to wheel for assignment. (em)
5	Sept. 22, 1999	ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE; counsel for all parties are directed to confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for filing of the pretrial order not more than 6 months from the date of this order, counsel shall sign and file within 45 days from the date hereof a consent order in the form annexed for consideration by the Court. If such a consent order is not filed within the time provided, a conference will be held on 11/8/99 at 11:00 a.m., in Courtroom 12D, 500 Pearl St. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac) (Entered: 09/23/1999)	RECAP
6	Oct. 7, 1999	AMENDED COMPLAINT by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa; (Answer due 10/20/99 for The Police Relief, for Charles V. Campisi, for Richard Kubick, for Joseph Flynn, for Patrick Bradley, for George Grasso, for Patrick Kelleher, for Howard Safir, for Rudolph W. Giuliani, for N.Y.P.D., for The City of New York ); amending [1-1] complaint; Summons issued (ls) (Entered: 10/12/1999)	RECAP
7	Oct. 8, 1999	Affidavit of service as to The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief by mail on 10/7/99 . Answer due on 10/27/99 for The City of New York, for N.Y.P.D., for Rudolph W. Giuliani, for Howard Safir, for Patrick Kelleher, for George Grasso, for Patrick Bradley, for Joseph Flynn, for Richard Kubick, for Charles V. Campisi, for The Police Relief . (pl) (Entered: 10/19/1999)	RECAP
8	Oct. 8, 1999	Affidavit of service as to The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief by personal service on 10/7/99 . . (pl) (Entered: 10/19/1999)	RECAP
9	Oct. 8, 1999	Affidavit of service as to The City of New York, Rudolph W. Giuliani by personal service on 10/7/99. Answer due on 10/27/99 for The City of New York, for Rudolph W. Giuliani (pl) (Entered: 10/19/1999)	RECAP
10	Nov. 1, 1999	STIPULATION AND ORDER Extending Time; that Michael D. Hess, Corporation Counsel of the City of New York appears in this case on behalf of all of the named defts and acknowledges that all named defts were served properly ; reset answer to the complt. due for 11/30/99 for The Police Relief, for Charles V. Campisi, for Richard Kubick, for Joseph Flynn, for Patrick Bradley, for George Grasso, for Patrick Kelleher, for Howard Safir, for Rudolph W. Giuliani, for N.Y.P.D., for The City of New York ; ( signed by Judge Lewis A. Kaplan ) (ls) (Entered: 11/03/1999)	RECAP
	Nov. 8, 1999	Pretrial Conference held before Judge Lewis A. Kaplan. (emil) (Entered: 12/02/1999)	PACER
11	Nov. 8, 1999	Memo-Endorsement on letter addressed to Judge Kaplan from Julie E. O'Neill, dated 11/4/99; denying the parties request for a three week adjournment of the pretrial conference scheduled for 11/8/99 ; ( signed by Judge Lewis A. Kaplan ); copies mailed (ls) Modified on 11/10/1999 (Entered: 11/08/1999)	RECAP
	Nov. 8, 1999	Pretrial Conference held before Judge Lewis A. Kaplan. (emil)
12	Nov. 9, 1999	CONSENT SCHEDULING ORDER: no add'l. parties may be joined after 1/8/00, assuming the class is certified; no amendments to the pleadings will be permitted after 1/8/00 assuming the class is certified; all discovery shall be completed on or before 8/31/00; a joint pretrial order in the form prescribed in Judge Kaplan's individual rules shall be filed on or before 12/31/00; ( signed by Judge Lewis A. Kaplan ); copies mailed (ls) (Entered: 11/09/1999)	RECAP
13	Dec. 2, 1999	STIPULATION AND ORDER; pltffs shall serve a Second Amended Complaint on defts on 12/3/99 by hand delivering a copy of the Second Amended Complaint to the Office of the Corporation Counsel, attn: Julie E. O'Neill ; defts' shall answer or otherwise respond to the Second Amended Complaint by 12/23/99. ( signed by Judge Lewis A. Kaplan ) (sac) (Entered: 12/03/1999)	RECAP
14	Dec. 3, 1999	SECOND AMENDED COMPLAINT by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa, Hector Ariza, Manuel Gomez, Christopher Castro, Haydee Cartagena, Manuel Delgado, Parnell Peterson, Hiram Monserrate, Fernando Sanchez (Answer due 12/23/99 for The Police Relief, for Charles V. Campisi, for Richard Kubick, for Joseph Flynn, for Patrick Bradley, for George Grasso, for Patrick Kelleher, for Howard Safir, for Rudolph W. Giuliani, for N.Y.P.D., for The City of New York) amending [6-1] amended complaint; Summons issued (ls) (Entered: 12/06/1999)	RECAP
	Jan. 5, 2000	Pretrial Conference held before Judge Lewis A. Kaplan. (sac) (Entered: 02/01/2000)	PACER
	Jan. 5, 2000	Pretrial Conference held before Judge Lewis A. Kaplan. (sac)
15	March 1, 2000	NOTICE OF MOTION by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa, Hector Ariza, Manuel Gomez, Christopher Castro, Haydee Cartagena, Manuel Delgado, Parnell Peterson, Hiram Monserrate, Fernando Sanchez for leave to withdraw its appearance in this case ; Return date not indicated. Attached is affidavit of William Goodman. (djc) Modified on 03/20/2000 (Entered: 03/02/2000)	RECAP
16	March 7, 2000	Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 1/5/00. (sac) (Entered: 03/07/2000)	RECAP
17	March 20, 2000	ORDER; granting [15-1] motion for leave for William H. Goodman and Barbara J. Olshansky to withdraw their appearance in this case. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) (Entered: 03/22/2000)	RECAP
18	March 24, 2000	STIPULATION AND PROTECITVE ORDER; regarding procedures that will govern the handling of confidential information; notwithstanding anything to the contrary herein, any papers filed under seal in this action may be made part of the public record on or after 3/24/05 unless the Court otherwise orders ; ( signed by Judge Lewis A. Kaplan ) (ls) (Entered: 03/27/2000)	RECAP
	May 10, 2000	Letter filed addressed to Judge Cedarbaum from Julie O'Neill, dated 05/09/00, re: defendants' motion to dismiss the complaint; also notifies the court that defendants are not opposing plaintiff's motion to amend the complaint and consequently, are withdrawing the motion to dismiss. (original docmt dktd in case no. 99 cv 4960, docmt #7) (djc) (Entered: 05/11/2000)	PACER
	May 10, 2000	Letter filed addressed to Judge Cedarbaum from Julie O'Neill, dated 05/09/00, re: defendants' motion to dismiss the complaint; also notifies the court that defendants are not opposing plaintiff's motion to amend the complaint and consequently, are withdrawing the motion to dismiss. (original docmt dktd in case no. 99 cv 4960, docmt #7) (djc)
	June 22, 2000	NOTICE OF MOTION by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief; for an order purs. to Local Rule 15(a) of the Rules for the Division of Business Among District Judges transferring either Guardians Assoc. of the Police Dep't of N.Y., Inc. v. City of New York, 99 Civ. 4960 (MGC), or Latino Officers Assoc. Cityof New York, Inc. et al. v. City of N.Y., No. 99 Civ. 9568 (LAK) ; and; for an order purs. to Rule 42(a) of the F.R.C.P. consolidating the actins shown above for pre−trial and trial purposes ; Return date 6/14/00; Declaration of Any F. Melican attached; orig. doc. fld. in case no. 99 Civ. 4960 (LAK) doc. #14 (lf) Modified on 06/23/2000 (Entered: 06/23/2000)	PACER
	June 22, 2000	MEMORANDUM OF LAW by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief in support of [0−1] motion for an order purs. to Local Rule 15(a) of the Rules for the Division of Business Among District Judges transferring either Guardians Assoc. of the Police Dep't of N.Y., Inc. v. City of New York, 99 Civ. 4960 (MGC), or Latino Officers Assoc. City of New York, Inc. et al. v. City of N.Y., No. 99 Civ. 9568 (LAK); [0−2] motion for an order purs. to Rule 42(a) of the F.R.C.P. consolidating the actins shown above for pre−trial and trial purposes; orig. doc. fld. in case no. 99 Civ. 4960 (MGC) doc. #15 (lf) (Entered: 06/23/2000)	PACER
	June 22, 2000	NOTICE OF MOTION by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief; for an order purs. to Local Rule 15(a) of the Rules for the Division of Business Among District Judges transferring either Guardians Assoc. of the Police Dep't of N.Y., Inc. v. City of New York, 99 Civ. 4960 (MGC), or Latino Officers Assoc. Cityof New York, Inc. et al. v. City of N.Y., No. 99 Civ. 9568 (LAK) ; and; for an order purs. to Rule 42(a) of the F.R.C.P. consolidating the actins shown above for pre-trial and trial purposes ; Return date 6/14/00; Declaration of Any F. Melican attached; orig. doc. fld. in case no. 99 Civ. 4960 (LAK) doc. #14 (lf) Modified on 06/23/2000
	June 22, 2000	MEMORANDUM OF LAW by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief in support of [0-1] motion for an order purs. to Local Rule 15(a) of the Rules for the Division of Business Among District Judges transferring either Guardians Assoc. of the Police Dep't of N.Y., Inc. v. City of New York, 99 Civ. 4960 (MGC), or Latino Officers Assoc. City of New York, Inc. et al. v. City of N.Y., No. 99 Civ. 9568 (LAK); [0-2] motion for an order purs. to Rule 42(a) of the F.R.C.P. consolidating the actins shown above for pre-trial and trial purposes; orig. doc. fld. in case no. 99 Civ. 4960 (MGC) doc. #15 (lf)
	July 20, 2000	Pretrial Conference held before Judge Lewis A. Kaplan. (sac) (Entered: 08/02/2000)	PACER
	July 20, 2000	Pretrial Conference held before Judge Lewis A. Kaplan. (sac)
19	July 26, 2000	NOTICE of attorney appearance for Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa, Hector Ariza, Manuel Gomez, Christopher Castro, Haydee Cartagena, Manuel Delgado, Parnell Peterson, Hiram Monserrate, Fernando Sanchez by Diane M. Paolicelli. (cd) (Entered: 07/27/2000)	RECAP
20	July 26, 2000	ORDER, denying [0-1] motion for an order purs. to Local Rule 15(a) of the Rules for the Division of Business Among District Judges transferring either Guardians Assoc. of the Police Dep't of N.Y., Inc. v. City of New York, 99 Civ. 4960 (MGC), or Latino Officers Assoc. City of New York, Inc. et al. v. City of N.Y., No. 99 Civ. 9568 (LAK); denying [0-2] motion for an order purs. to Rule 42(a) of the F.R.C.P. consolidating the actions shown above for pre-trial and trial purposes. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn) Modified on 07/31/2000 (Entered: 07/28/2000)	Clearinghouse
	Sept. 6, 2000	Pretrial Conference held before Judge Lewis A. Kaplan. (sn) (Entered: 10/06/2000)	PACER
	Sept. 6, 2000	Pretrial Conference held before Judge Lewis A. Kaplan. (sn)
21	Sept. 7, 2000	Memo-Endorsement on letter addressed to Judge Kaplan from Diane Paolicelli, dated 8/17/00. The discovery deadline is extended to 2/28/01. The class motion shall be filed by 11/15/00. The pretrial order and any motions for summary judgment shall be filed by 4/30/01. The Court reserves judgment as to bifurcation or severance pending receipt of the class motion . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kw) (Entered: 09/08/2000)	RECAP
	Nov. 14, 2000	Deadline(s) updated: set scheduling order deadlines: Response to motion deadline 1/26/01 . (sn) (Entered: 11/15/2000)	PACER
22	Nov. 14, 2000	STIPULATION and ORDER; pltffs shall have until 12/15/00, to file their motion for class certification. Defts' response shall be due on 1/26/01 . ( signed by Judge Lewis A. Kaplan ) (sn) (Entered: 11/15/2000)	RECAP
	Nov. 14, 2000	Deadline(s) updated: set scheduling order deadlines: Response to motion deadline 1/26/01 . (sn)
	Dec. 4, 2000	Pretrial Conference held before Judge Lewis A. Kaplan. (sn) (Entered: 01/03/2001)	PACER
	Dec. 4, 2000	Pretrial Conference held before Judge Lewis A. Kaplan. (sn)
23	Dec. 15, 2000	NOTICE OF MOTION by pltffs; for an order to certifying a class of pltffs purs. to F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3) ; Return date 12/11/00; Affdvt. of Alani Golanski in support attached (lf) (Entered: 12/18/2000)	RECAP
24	Dec. 15, 2000	MEMORANDUM OF LAW by pltffs' in support of [23-1] motion for an order to certifying a class of pltffs purs. F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3) . (lf) (Entered: 12/18/2000)	RECAP
	Jan. 25, 2001	Pretrial Conference held before Judge Lewis A. Kaplan. (sac) (Entered: 02/09/2001)	PACER
	Jan. 25, 2001	Pretrial Conference held before Judge Lewis A. Kaplan . (jp) (Entered: 02/16/2001)	PACER
	Jan. 25, 2001	Pretrial Conference held before Judge Lewis A. Kaplan. (sac)
	Jan. 25, 2001	Pretrial Conference held before Judge Lewis A. Kaplan . (jp)
25	Jan. 31, 2001	Memo-Endorsement on letter addressed to Judge Kaplan from Julie O'Neill, Asst Corp Counsel, dated 1/24/01; deft's response to motion reset to 2/21/01 for [23-1] motion to certifying a class of pltffs purs. to F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3) ; reset discovery due for 3/25/01 ; the parties request appointment of a Magistrate Judge to asist them in discovery; no magistrate ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lam) (Entered: 02/05/2001)	RECAP
26	Feb. 6, 2001	Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 12/4/00. (sac) (Entered: 02/06/2001)	RECAP
27	Feb. 15, 2001	Memo-Endorsement on letter addressed to Judge Kaplan from Amy F. Melican, dated 2/14/01. Granting defendants' request for permission to file a memorandum of law in opposition to plaintiffs' motion for class certification that does not exceed 50 pages . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (kw) (Entered: 02/20/2001)	RECAP
28	Feb. 22, 2001	MEMORANDUM OF LAW by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief in opposition to [23-1] motion for an order to certifying a class of pltffs purs. to F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3) . (lf) (Entered: 02/23/2001)	RECAP
29	Feb. 22, 2001	DECLARATIONS of Anderson, Lubin, Kennedy, Melican AND EXHIBITS by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police in support Re: [23-1] motion for an order to certifying a class of pltffs purs. to F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3) . (lf) (Entered: 02/23/2001)	RECAP
	March 6, 2001	Pretrial Conference held before Judge Lewis A. Kaplan. (lf) (Entered: 04/03/2001)	PACER
	March 6, 2001	Pretrial Conference held before Judge Lewis A. Kaplan. (lf)
	March 8, 2001	Pretrial Conference held before Judge Lewis A. Kaplan. (lf) (Entered: 04/03/2001)	PACER
	March 8, 2001	Pretrial Conference held before Judge Lewis A. Kaplan. (lf)
30	March 9, 2001	Memo-Endorsement on letter addressed to Judge Kaplan from Alani Golanski, dated 3/6/01, granting plntfs' request for permission to serve a memorandum of law that exceeds the Court's page limit by 10 pages ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd) (Entered: 03/12/2001)	RECAP
	March 26, 2001	Pretrial Conference held before Judge Lewis A. Kaplan. Next PTC 5/21/01 at 10:00 a.m. (lf) (Entered: 03/28/2001)	PACER
	March 26, 2001	Pretrial Conference held before Judge Lewis A. Kaplan. Next PTC 5/21/01 at 10:00 a.m. (lf)
31	March 27, 2001	Order, that parties proceed to mediation with Susan T. Mackenzie, Esq., as mediator on the terms of agreement reached amoung the parties on their own volition and without compulsion by the Court. ( signed by Judge Lewis A. Kaplan ). (Copy sent document to the Civil Case Management/Mediation). (kw) (Entered: 03/28/2001)	RECAP
32	March 27, 2001	ORDER withdrawing on consent w/o prejudice to renewal [23-1] motion for an order certifying a class of pltffs purs. to F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3); ( signed by Judge Lewis A. Kaplan Copies mailed. (lf) Modified on 03/29/2001 (Entered: 03/28/2001)	RECAP
33	March 28, 2001	REPLY MEMORANDUM OF LAW by plaintiffs in further support of: [23-1] motion for an order to certifying a class of pltffs purs. F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3). (kkc) Modified on 03/29/2001 (Entered: 03/29/2001)	RECAP
	May 21, 2001	Conference held before Judge Kaplan. (jp) (Entered: 06/05/2001)	PACER
	May 21, 2001	Conference held before Judge Kaplan. (jp)
	July 9, 2001	Pretrial Conference held before Judge Lewis A. Kaplan . (djc) (Entered: 08/03/2001)	PACER
	July 9, 2001	Pretrial Conference held before Judge Lewis A. Kaplan . (djc)
	Aug. 20, 2001	Pretrial Conference held before Judge Lewis A. Kaplan . (bai) (Entered: 09/27/2001)	PACER
	Aug. 20, 2001	Pretrial Conference held before Judge Lewis A. Kaplan . (bai)
	Nov. 5, 2001	Pretrial Conference held before Judge Lewis A. Kaplan. (kkc) (Entered: 12/03/2001)	PACER
	Nov. 5, 2001	Pretrial Conference held before Judge Lewis A. Kaplan. (kkc)
	Nov. 13, 2001	ORDER, that Plaintiff, Haydee Cartagena shall discontinue her claims in Latino Officers, et al., v. City of New York, et al., 99 Civ. 9568, and add those claims to the amended complaint to be filed in 99 Civ. 11987 . ( signed by Judge Denny Chin ); Copies mailed. (Orig. entry made in case no. 99 civ. 11987, as doc. #9) (ae) (Entered: 11/28/2001)	PACER
	Nov. 13, 2001	ORDER, that Plaintiff, Haydee Cartagena shall discontinue her claims in Latino Officers, et al., v. City of New York, et al., 99 Civ. 9568, and add those claims to the amended complaint to be filed in 99 Civ. 11987 . ( signed by Judge Denny Chin ); Copies mailed. (Orig. entry made in case no. 99 civ. 11987, as doc. #9) (ae)
	Dec. 3, 2001	Pretrial Conference held before Judge Lewis A. Kaplan . (yv) (Entered: 01/10/2002)	PACER
	Dec. 3, 2001	Pretrial Conference held before Judge Lewis A. Kaplan . (yv)
34	Dec. 5, 2001	NOTICE OF MOTION by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief; for an Order pursuant to Rule 56 of the FRCP for summary judgment dismissing the claims in this action of plaintiffs Charles Castro, Fernando Sanchez and Reuben Malave for damages and equitable relief based on their terminations from the New York City Police Department . No return date set. Rule 56.1 Statement, Declaration of Stuart I. Parker attached. Exhibits Volume 1 to 3 attached. (kkc) Modified on 12/06/2001 (Entered: 12/06/2001)	RECAP
35	Dec. 5, 2001	MEMORANDUM OF LAW by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief in support of [34-1] motion for an Order pursuant to Rule 56 of the FRCP for summary judgment dismissing the claims in this action of plaintiffs Charles Castro, Fernando Sanchez and Reuben Malave for damages and equitable relief based on their terminations from the New York City Police Department. (kkc) (Entered: 12/06/2001)	RECAP
36	Dec. 28, 2001	MEMORANDUM OF LAW by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa in opposition to [34-1] motion for an Order pursuant to Rule 56 of the FRCP for summary judgment dismissing the claims in this action of plaintiffs Charles Castro, Fernando Sanchez and Reuben Malave for damages and equitable relief based on their terminations from the New York City Police Department . (db) (Entered: 01/02/2002)	RECAP
37	Dec. 28, 2001	AFFIDAVIT of Diane Paolicelli by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa in opposition to [34-1] motion for an Order pursuant to Rule 56 of the FRCP for summary judgment dismissing the claims in this action of plaintiffs Charles Castro, Fernando Sanchez and Reuben Malave for damages and equitable relief based on their terminations from the New York City Police Department . (db) (Entered: 01/02/2002)	RECAP
38	Dec. 28, 2001	COUNTER STATEMENT TO RULE 56.1 filed by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa (db) (Entered: 01/02/2002)	RECAP
39	Jan. 8, 2002	Memo-Endorsement on letter addressed to Judge Kaplan from Richard A. Levy, dated 12/26/01; counsel to parties' request to hold motion (for a protective order) in abeyance pending the completion of the described 30(b)(6) deposition is denied without prejudice to renewal ; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (djc) (Entered: 01/09/2002)	RECAP
40	Jan. 14, 2002	REPLY MEMORANDUM by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief re: [36-1] opposition memorandum (yv) (Entered: 01/15/2002)	RECAP
41	Jan. 14, 2002	DECLARATION of Stuart I. Parker by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief in support Re: [34-1] motion for an Order pursuant to Rule 56 of the FRCP for summary judgment dismissing the claims in this action of plaintiffs Charles Castro, Fernando Sanchez and Reuben Malave for damages and equitable relief based on their terminations from the New York City Police Department . (yv) (Entered: 01/15/2002)	RECAP
42	Feb. 5, 2002	AMENDED SCHEDULING ORDER: Completion of all discovery by 11/30/02. Service of summary judgment motions by 2/1/03. Filing of pretrial order, proposed jury instructions and requested voir dire questions; case ready for trial, on 2/1/03. Following trial materials to be filed at least 10 days before trial: trial brief stating legal and factual issues and authorities relied upon and discussing any anticipated substantive or procedural problems; and motions in limine. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn) Modified on 02/07/2002 (Entered: 02/07/2002)	RECAP
43	Feb. 13, 2002	STIPULATION and ORDER, regarding procedures that will govern the handling "Confidential Attorney-Only Materials" . ( signed by Judge Lewis A. Kaplan ) (kw) (Entered: 02/15/2002)	RECAP
	March 4, 2002	Pretrial Conference held before Judge Lewis A. Kaplan . (bai) (Entered: 03/06/2002)	PACER
	March 4, 2002	Pretrial Conference held before Judge Lewis A. Kaplan . (bai)
44	April 4, 2002	ORDER, regarding the aforementioned issues, the parties are directed to brief this issue, and any others that are fairly related to it, and to file such briefs no later than 4/20/02 . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (tp) (Entered: 04/05/2002)	Clearinghouse
45	April 19, 2002	MEMORANDUM OF LAW by The City of New York, N.Y.P.D., Rudolph W. Giuliani, Howard Safir, Patrick Kelleher, George Grasso, Patrick Bradley, Joseph Flynn, Richard Kubick, Charles V. Campisi, The Police Relief, Hector Ariza, Manuel Gomez, Christopher Castro, Manuel Delgado, Parnell Peterson, Hiram Monserrate, Fernando Sanchez in response to Court's 4/4/02 Order. (db) (Entered: 04/23/2002)	RECAP
46	April 19, 2002	SUPPLEMENTAL MEMORANDUM OF LAW by Latino Officers, Wilfred Maldonado, Anthony Miranda, Manuel Nunez, Clifford Muniz, Adam Alvarez, Charles Castro, Louis Vega, Thaddeus Gamory, Michael Padilla, Carlos Jimenez, Jose Mercedes, Ruben Malave, Hilda Susu, Daniel Figueroa, Hector Ariza, Manuel Gomez, Christopher Castro, Manuel Delgado, Parnell Peterson, Hiram Monserrate, Fernando Sanchez in opposition to [34-1] motion for an Order pursuant to Rule 56 of the FRCP for summary judgment dismissing the claims in this action of plaintiffs Charles Castro, Fernando Sanchez and Reuben Malave for damages and equitable relief based on their terminations from the New York City Police Department . (db) (Entered: 04/24/2002)	RECAP
	June 26, 2002	PRETRIAL CONFERENCE held on 6/26/02 before Judge Lewis A. Kaplan. (ae) (Entered: 07/10/2002)	PACER
	June 26, 2002	PRETRIAL CONFERENCE held on 6/26/02 before Judge Lewis A. Kaplan. (ae)
47	July 9, 2002	SEALED DOCUMENT placed in vault. (js) (Entered: 07/10/2002)	RECAP
48	Aug. 5, 2002	Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 6/26/02 at 10:00 a.m. (ph) (Entered: 08/06/2002)	RECAP
49	Aug. 6, 2002	MEMORANDUM OPINION #87244, granting in part, denying in part [23-1] motion for an order to certifying a class of pltffs purs. to F.R.C.P. 23(a), 23(b)(1)(A), 23(b)(2) and 23(b)(3). The Court bifurcates plntfs' claims and certifies the liability stage of the claims, as discussed (within) for class treatment under Rule 23(b)(2) ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd) (Entered: 08/08/2002)	Clearinghouse
50	Aug. 20, 2002	Memo-Endorsement on letter addressed to Judge Kaplan from Diane Paolicelli, dated 8/8/02. Re: plaintiffs requests that Your Honor appoint a magistrate to oversee a non-binding mediation of the legal fee determination for the within stated individual plaintiffs; referred to MJ assigned . ( signed by Lewis A. Kaplan ); Copies mailed. (pl) (Entered: 08/23/2002)	RECAP
51	Aug. 23, 2002	Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Motion or other Motion which does not require a report and recommendation and see 8/8/02 letter and endorsement. Referred to Magistrate Judge Kevin Nathaniel Fox . ( signed by Judge Lewis A. Kaplan ) (yv) (Entered: 08/26/2002)	RECAP
	Sept. 18, 2002	Status Conference held before Magistrate Judge Kevin Nathaniel Fox. (kw) (Entered: 10/03/2002)	PACER
	Sept. 18, 2002	Status Conference held before Magistrate Judge Kevin Nathaniel Fox. (kw)

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Case Details

State / Territory:

New York

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Private Employment Class Actions

Key Dates

Filing Date: Sept. 9, 1999

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All Latino and African–American individuals who have been, are, or will be employed by the NYPD as uniformed officers, including civilians who perform the same employment functions as uniformed officers, who have been or will be subjected to discrimination on the basis of race, color or national origin in the form of a hostile work environment, disparate disciplinary treatment, and retaliation for the exercise of their rights.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

City of New York

New York Police Department

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1983

Title VII (including PDA), 42 U.S.C. § 2000e

Constitutional Clause(s):

Equal Protection

Free Exercise Clause

Unreasonable search and seizure

Other Dockets:

Southern District of New York 1:99-cv-09568

U.S. Court of Appeals for the Second Circuit 07-05293

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Recordkeeping

Amount Defendant Pays: $24,885,000

Order Duration: 2004 - 2006

Issues

General/Misc.:

Retaliation

Discrimination Area:

Discipline

Disparate Treatment

Harassment / Hostile Work Environment

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Affected Race(s):

Black

Recommended Citation

Case Summary of Latino Officers Ass'n of New York v. City of New York, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/10668/ (last updated 12/7/2019).