Case: Jeffery v. City of New York

COMPLAINT against Andrew Cuomo, Bill De Blasio, P.O.s John Doe #1-50, The City of New York filing fee $ 400, receipt number ANYEDC-12984116 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Lamel Jeffery, Chayse Pena, Thaddeus Blake. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Fuchs, Ilyssa) (Entered: 06/26/2020)

1 Civil Cover Sheet

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2 Proposed Summons

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Summons Issued as to Andrew Cuomo, Bill De Blasio, The City of New York. (Bowens, Priscilla) (Entered: 06/26/2020)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 06/26/2020)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 06/26/2020)

Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

Case Assigned/Reassigned

First MOTION for Extension of Time to File Answer by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 07/15/2020)

ORDER granting 5 Consent Motion for Extension of Time to Answer All Defendants. Ordered by Magistrate Judge Robert M. Levy on 7/16/2020. (Levy, Robert)

Order on Motion for Extension of Time to Answer

SUMMONS Returned Executed by Lamel Jeffery, Chayse Pena, Thaddeus Blake. The City of New York served on 6/26/2020, answer due 10/15/2020. (Fuchs, Ilyssa) (Entered: 07/27/2020)

SUMMONS Returned Executed by Lamel Jeffery, Chayse Pena, Thaddeus Blake. Andrew Cuomo served on 7/15/2020, answer due 10/15/2020. (Fuchs, Ilyssa) (Entered: 07/27/2020)

SUMMONS Returned Executed by Lamel Jeffery, Chayse Pena, Thaddeus Blake. Bill De Blasio served on 7/16/2020, answer due 10/15/2020. (Fuchs, Ilyssa) (Entered: 07/27/2020)

Letter MOTION for Extension of Time to File Answer re 1 Complaint, and/or To Confirm Prior Order Setting Briefing Schedule by Andrew Cuomo. (Oloughlin, D.) (Entered: 07/29/2020)

ORDER re: 9 Motion for Extension of Time to Answer The Governors time to answer has indeed already been extended to 10/15/20 by an order that applied to All Defendants, a term that most certainly included the Governor, who is a defendant. Ordered by Magistrate Judge Robert M. Levy on 8/4/2020. (Levy, Robert)

Order on Motion for Extension of Time to Answer

Letter MOTION to Withdraw as Attorney for Governor Cuomo by Andrew Cuomo. (Oloughlin, D.) (Main Document 10 identified as malformed and replaced on 9/1/2021) (Lee, Tiffeny). (Entered: 10/01/2020)

NOTICE of Appearance by Nicole L. Gueron on behalf of Andrew Cuomo (aty to be noticed) (Gueron, Nicole) (Entered: 10/02/2020)

NOTICE of Appearance by Emily Weissler on behalf of Andrew Cuomo (aty to be noticed) (Weissler, Emily) (Entered: 10/02/2020)

ORDER granting 10 Motion to Withdraw as Attorney. Attorney D. Stan Oloughlin terminated Ordered by Magistrate Judge Robert M. Levy on 10/5/2020. (Levy, Robert)

Order on Motion to Withdraw as Attorney

Letter MOTION for pre motion conference regarding Governor Cuomo's anticipated motion to dismiss by Andrew Cuomo. (Gueron, Nicole) (Entered: 10/15/2020)

Letter MOTION for pre motion conference by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 10/15/2020)

Letter in reponse to defendants' respective pre-motion letters in anticipation of the pre-motion conference to be scheduled in this matter by Thaddeus Blake, Lamel Jeffery, Chayse Pena (Fitch, Joshua) (Entered: 10/16/2020)

ORDER: Applications 13 14 for Pre-Motion conference are GRANTED. The court will hold a single conference for all parties intending to file a motion in this case. The parties are DIRECTED to confer and contact the court's deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the conference. Time to respond to the Complaint is extended to 60 days after decision on Defendants' anticipated motions. Ordered by Judge Nicholas G. Garaufis on 10/16/2020. (Gurian, Nico)

Order on Motion for Pre Motion Conference

Order on Motion for Pre Motion Conference AND Order on Motion for Pre Motion Conference

NOTICE of Appearance by Erin T. Ryan on behalf of The City of New York (aty to be noticed) (Ryan, Erin) (Entered: 11/04/2020)

Minute Entry for proceedings held before Judge Nicholas G. Garaufis:The court held a pre-motion conference by video on November 5, 2020. Counsel for all parties present. The court GRANTED Defendants' applications to move to dismiss the complaint, and set the following briefing schedule: Defendants shall serve their motions on Plaintiffs by December 10, 2020; Plaintiffs shall serve their opposition to Defendants' motions on Defendants by February 11, 2021; and Defendants shall serve their Reply on Plaintiffs and file the fully briefed motion by March 17, 2021. Plaintiffs are DIRECTED to confer with Defendant Cuomo regarding a stipulation dismissing Plaintiffs claims against Defendant Cuomo in his official capacity, and file the stipulation by November 15, 2020. Discovery shall be held in abeyance until the court's decision on Defendants' motions. (Court Reporter Denise Parisi.) (Gurian, Nico)

Pre Motion Conference

Letter MOTION for Extension of Time to File Stipulation Dismissing Official Capacity Claims by Andrew Cuomo. (Gueron, Nicole) (Entered: 11/13/2020)

ORDER granting 17 Motion for Extension of Time to File. Application GRANTED. Deadline to file stipulation extended until November 23, 2020. Ordered by Judge Nicholas G. Garaufis on 11/13/2020. (Gurian, Nico)

Order on Motion for Extension of Time to File

STIPULATION of Dismissal of Official Capacity Claims by Andrew Cuomo (Gueron, Nicole) (Entered: 11/23/2020)

MOTION to Dismiss for Failure to State a Claim by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 03/17/2021)

MEMORANDUM in Support re 19 MOTION to Dismiss for Failure to State a Claim filed by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 03/17/2021)

AFFIDAVIT/DECLARATION in Support re 19 MOTION to Dismiss for Failure to State a Claim filed by Bill De Blasio, The City of New York. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Murray, Edward) (Entered: 03/17/2021)

MEMORANDUM in Opposition re 19 MOTION to Dismiss for Failure to State a Claim filed by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 03/17/2021)

REPLY in Support re 19 MOTION to Dismiss for Failure to State a Claim filed by Bill De Blasio, The City of New York. (Murray, Edward) (Entered: 03/17/2021)

Notice of MOTION to Dismiss for Failure to State a Claim by Andrew Cuomo. (Gueron, Nicole) (Entered: 03/17/2021)

MEMORANDUM in Support re 24 Notice of MOTION to Dismiss for Failure to State a Claim filed by Andrew Cuomo. (Gueron, Nicole) (Entered: 03/17/2021)

AFFIDAVIT/DECLARATION in Support re 24 Notice of MOTION to Dismiss for Failure to State a Claim filed by Andrew Cuomo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Gueron, Nicole) (Entered: 03/17/2021)

MEMORANDUM in Opposition re 24 Notice of MOTION to Dismiss for Failure to State a Claim filed by Andrew Cuomo. (Gueron, Nicole) (Entered: 03/17/2021)

REPLY in Support re 24 Notice of MOTION to Dismiss for Failure to State a Claim filed by Andrew Cuomo. (Gueron, Nicole) (Entered: 03/17/2021)

Letter Requesting Oral Argument on Gov. Cuomo's Motion to Dismiss by Andrew Cuomo (Gueron, Nicole) (Entered: 03/17/2021)

ORDER: Defendant Governor Andrew Cuomo's 29 application for oral argument on the [24-27] motion to dismiss is GRANTED. The parties are DIRECTED to confer and to contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the argument. Ordered by Judge Nicholas G. Garaufis on 3/18/2021. (Baron, Laura)

Order

Order(Other)

Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Motion hearings held via video on April 21, 2021. Counsel for Plaintiffs and for Defendants present via video; oral arguments held; decision reserved. (Court Reporter Stacy Mace.) (Baron, Laura)

Motion Hearing

Letter re: Decision in In Re: NYC Policing During Summer 2020 Demonstrations by Bill De Blasio, The City of New York (Attachments: # 1 Exhibit) (Murray, Edward) (Entered: 07/16/2021)

MOTION to Withdraw as Attorney by Andrew Cuomo. (Weissler, Emily) (Entered: 08/31/2021)

ORDER re 31 Motion to Withdraw as Attorney as to Emily Weissler, Esq. Application granted. So Ordered by Judge Nicholas G. Garaufis on 8/31/2021. (Lee, Tiffeny) (Entered: 08/31/2021)

ORDER: The court respectfully directs the Clerk of the Court to update the case caption to substitute Kathy Hochul, Governor of New York, for Andrew M. Cuomo, pursuant to Fed. R. Civ. P. 25(d). Ordered by Judge Nicholas G. Garaufis on 11/2/2021. (Baron, Laura)

Order

Order(Other)

ORDER: The court respectfully directs the Clerk of the Court to update the case caption to substitute Eric Adams, Mayor of New York City, for Bill de Blasio, pursuant to Fed. R. Civ. P. 25(d). Ordered by Judge Nicholas G. Garaufis on 1/14/2022. (Baron, Laura)

Order

Order(Other)

MOTION to Set Aside Order, Order, Motion for clarification of the January 14, 2022 Order to reflect that the FRCP 25(d)(1) substitution of Eric Adams only applies to the official capacity claims and not the individual capacity claims remaining against defendant De Blasio; and that the November 2, 2021 Order be rescinded because there are no longer official capacity claims against defendant Cuomo. by Thaddeus Blake, Lamel Jeffery, Chayse Pena. (Fitch, Joshua) (Entered: 01/20/2022)

MEMORANDUM & ORDER, The former Governor's motion to dismiss the complaint and the City Defendants' partial motion to dismiss certain claims against them are GRANTED. The City Defendants are directed to answer the Complaint within 14 days of this decision. Plaintiffs and the City Defendants are directed to confer and contact Magistrate Judge Robert M. Levy for next steps on the remaining claims. The Clerk of the Court is respectfully directed to remove former Governor Cuomo from the case caption. So Ordered by Judge Nicholas G. Garaufis on 1/21/2022. (Lee, Tiffeny) (Entered: 01/24/2022)

SCHEDULING ORDER: A telephone conference is scheduled for 2/15/22 @ 1:00 p.m., before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 1/27/2022. (Marino, Janine) Modified, to correct conf. date/time on 1/27/2022 (Marino, Janine).

Scheduling Order

MOTION for Entry of Judgment under Rule 54(b) of the class claims dismissed by the January 24, 2022 Order by Thaddeus Blake, Lamel Jeffery, Chayse Pena. (Fitch, Joshua) (Entered: 02/07/2022)

MEMORANDUM in Support re 35 MOTION for Entry of Judgment under Rule 54(b) of the class claims dismissed by the January 24, 2022 Order filed by Thaddeus Blake, Lamel Jeffery, Chayse Pena. (Fitch, Joshua) (Entered: 02/07/2022)

ORDER: The court is in receipt of Plaintiffs' 35 Motion for Entry of Judgment under Rule 54(b) of the class claims dismissed by the 34 January 24, 2022 Order. Defendants are DIRECTED to file a response, if any, by February 25, 2022, and Plaintiffs are DIRECTED to file a reply, if any, by March 7, 2022. Ordered by Judge Nicholas G. Garaufis on 2/8/2022. (Katz, Jennifer)

Order

Order(Other)

Consent MOTION to Adjourn Conference, Consent MOTION for Extension of Time to File Answer by The City of New York. (Braun, Daniel) (Entered: 02/11/2022)

Order on Motion to Adjourn Conference

ORDER granting 37 City Defendants request that their time to answer the complaint be held in abeyance pending the Court's decision on plaintiffs' Motion for Final Judgment Under FRCP 54(b). The telephone conference set for 2/15/22 is adjourned without date. Ordered by Magistrate Judge Robert M. Levy on 2/11/2022. (Marino, Janine)

Order on Motion to Adjourn Conference AND Order on Motion for Extension of Time to Answer

MEMORANDUM in Opposition re 35 MOTION for Entry of Judgment under Rule 54(b) of the class claims dismissed by the January 24, 2022 Order filed by Eric Adams, The City of New York. (Murray, Edward) (Entered: 02/25/2022)

REPLY in Support re 35 MOTION for Entry of Judgment under Rule 54(b) of the class claims dismissed by the January 24, 2022 Order filed by Thaddeus Blake, Lamel Jeffery, Chayse Pena. (Fitch, Joshua) (Entered: 03/07/2022)

NOTICE of Appearance by Peter William Brocker on behalf of Eric Adams, The City of New York (aty to be noticed) (Brocker, Peter) (Entered: 03/16/2022)

MOTION to Withdraw as Attorney by Eric Adams, The City of New York. (Murray, Edward) (Entered: 05/26/2022)

ORDER granting 41 Motion to Withdraw as Attorney. Attorney Edward Louis Murray, III terminated. Ordered by Magistrate Judge Robert M. Levy on 5/26/2022. (Marino, Janine)

Order on Motion to Withdraw as Attorney

MOTION to Substitute Attorney by Eric Adams, The City of New York. (Accarino, Gregory) (Entered: 07/05/2022)

AFFIDAVIT/AFFIRMATION re 42 MOTION to Substitute Attorney by Eric Adams, The City of New York (Attachments: # 1 Affidavit for Substitution of Counsel of Peter William Brocker) (Accarino, Gregory) (Entered: 07/05/2022)

ORDER granting 42 Motion to Substitute Attorney. Attorney Peter William Brocker terminated. Ordered by Magistrate Judge Robert M. Levy on 7/5/2022. (Ramirez, Alexia)

Order on Motion to Substitute Attorney

MEMORANDUM & ORDER denying Plaintiffs' 35 motion for entry of partial judgment under Rule 54(b). So Ordered by Judge Nicholas G. Garaufis on 7/12/2022. (Lee, Tiffeny) (Entered: 07/12/2022)

SCHEDULING ORDER: A telephone conference is scheduled for August 17, 2022 at 2:00 p.m., before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 7/12/2022. (Marino, Janine)

Scheduling Order

Consent MOTION for Extension of Time to File Answer respectfully requesting a deadline of August 15, 2022 to answer or otherwise respond to the Complaint by Eric Adams, The City of New York. (Accarino, Gregory) (Entered: 07/25/2022)

ORDER granting 45 Motion for Extension of Time to Answer. Eric Adams answer due 8/15/2022; The City of New York answer due 8/15/2022. Ordered by Magistrate Judge Robert M. Levy on 7/25/2022. (Marino, Janine)

Order on Motion for Extension of Time to Answer

Joint MOTION to Adjourn Conference respectfully requesting the Court (1) adjourn all deadlines and conferences sine die, and (2) permit the parties thirty (30) days to file a stipulation of voluntary dismissal by Eric Adams, The City of New York. (Accarino, Gregory) (Entered: 08/10/2022)

ORDER granting 46 Joint Motion to Adjourn all deadlines and conferences sine die; and permit parties to file a stipulation of voluntary dismissal in 30 days. Ordered by Magistrate Judge Robert M. Levy on 8/10/2022. (Marino, Janine)

ORDER: The conference scheduled for 8/17/2022 at 02:00 PM before Magistrate Judge Robert M. Levy is adjourned without date. Ordered by Magistrate Judge Robert M. Levy on 8/10/2022. (Marino, Janine)

Order on Motion to Adjourn Conference

Scheduling Order

Letter respectfully submitting the Parties' Joint (1) Proposed Judgment and (2) Stipulation of Voluntary Dismissal by Eric Adams, The City of New York (Attachments: # 1 Proposed Judgment, # 2 Affidavit in Support Stipulation of Voluntary Dismissal) (Accarino, Gregory) (Entered: 09/09/2022)

STIPULATION AND ORDER OF VOLUNTARY DISMISSAL. The sole remaining Equal Protection Claim asserted in the Complaint is dismissed and discontinued with prejudice against the City defendants without costs to either party as against the other. The sole purpose of this stipulation and dismissal of the remaining EqualProtection Claim is to enable plaintiffs to pursue and immediate appeal of the Court's January 22, 2020 Dismissal Order. (See Order) So Ordered by Judge Nicholas G. Garaufis on 9/23/2022. (Lee, Tiffeny) (Entered: 09/23/2022)

JUDGMENT, Pursuant to the parties' Stipulation, the sole remaining Equal Protection Claim asserted in the Complaint against the City defendants is dismissed with prejudice. The Court hereby enters Final Judgment on its January 21, 2022 Dismissal Order that dismissed, inter alia, the False Arrest Claims against all defendants. All findings of law and fact contained in the Court's January 21, 2022Dismissal Order are hereby incorporated by reference into this final Judgment. Having entered Final Judgment on the Dismissal Order, plaintiffs may now pursue an immediate appeal of the Dismissal Order. (See Judgment) So Ordered by Judge Nicholas G. Garaufis on 9/23/2022. (Lee, Tiffeny) (Entered: 09/23/2022)

NOTICE OF APPEAL as to 34 Order on Motion to Set Aside,,, Order on Motion to Dismiss for Failure to State a Claim,,,,, 49 Judgment,, by Thaddeus Blake, Lamel Jeffery, Chayse Pena. Filing fee $ 505, receipt number ANYEDC-16059459. (Fitch, Joshua) (Entered: 10/20/2022)

Electronic Index to Record on Appeal sent to US Court of Appeals. 50 Notice of Appeal, Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ)

Electronic Index to Record on Appeal

MOTION to Amend/Correct/Supplement Electronic Index to Record on Appeal, Order, Order, to correct errors in the District Court caption in order to properly reflect that former Governor Cuomo and former Mayor De Blasio remain defendants in this action in their individual capacities for purposes of the pending appeal by Thaddeus Blake, Lamel Jeffery, Chayse Pena. (Fitch, Joshua) (Entered: 11/10/2022)

ORDER: The court GRANTS Plaintiff's 51 motion and DIRECTS the Clerk of Court to restore Andrew Cuomo and Bill De Blasio to the caption in this case as Defendants in their individual capacities. Ordered by Judge Nicholas G. Garaufis on 11/14/2022. (Kirschner, Isaac).