Case: Leslie v. City of New York

COMPLAINT against CITY OF NEW YORK, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell. (Filing Fee $ 402.00, Receipt Number ANYSDC-25894845)Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 03/21/2022)

CIVIL COVER SHEET filed..(Desgranges, Philip) (Entered: 03/21/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: 1 Complaint. Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 03/21/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to Keechant Sewell, re: 1 Complaint. Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 03/21/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to Kenneth Corey, re: 1 Complaint. Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 03/21/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to James Essig, re: 1 Complaint. Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 03/21/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to Emanuel Katranakis, re: 1 Complaint. Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 03/21/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to Jason Graham, re: 1 Complaint. Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 03/21/2022)

MOTION to Certify Class . Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 03/21/2022)

MEMORANDUM OF LAW in Support re: 9 MOTION to Certify Class . . Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 03/21/2022)

DECLARATION of Philip Desgranges in Support re: 9 MOTION to Certify Class .. Document filed by Shamill Burgos, Shakira Leslie. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J).(Desgranges, Philip) (Entered: 03/22/2022)

ELECTRONIC SUMMONS ISSUED as to City of New York. (vf) (Entered: 03/22/2022)

ELECTRONIC SUMMONS ISSUED as to Keechant Sewell. (vf) (Entered: 03/22/2022)

ELECTRONIC SUMMONS ISSUED as to Kenneth Corey. (vf) (Entered: 03/22/2022)

ELECTRONIC SUMMONS ISSUED as to James Essig. (vf) (Entered: 03/22/2022)

ELECTRONIC SUMMONS ISSUED as to Emanuel Katranakis. (vf) (Entered: 03/22/2022)

ELECTRONIC SUMMONS ISSUED as to Jason Graham. (vf) (Entered: 03/22/2022)

NOTICE OF APPEARANCE by James David Pollock on behalf of Shamill Burgos, Shakira Leslie..(Pollock, James) (Entered: 03/22/2022)

Notice to Attorney Regarding Party Modification

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philip Louis Desgranges. The party information for the following party/parties has been modified: CITY OF NEW YORK, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell, Shamill Burgos, Shakira Leslie. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf)

Notice to Attorney Regarding Case Opening Statistical Error Correction

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philip Louis Desgranges. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); Fee Status code due (due). The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the Fee Status code has been modified to pd (paid). (vf)

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)

Case Designation

Case Designated ECF. (vf)

Case Designated ECF

NOTICE OF APPEARANCE by Corey Stoughton on behalf of Shamill Burgos, Shakira Leslie..(Stoughton, Corey) (Entered: 03/23/2022)

NOTICE OF APPEARANCE by Brittany Thomas on behalf of Shamill Burgos, Shakira Leslie..(Thomas, Brittany) (Entered: 03/29/2022)

AFFIDAVIT OF SERVICE. City of New York served on 3/30/2022, answer due 4/20/2022. Document filed by Shamill Burgos; Shakira Leslie..(Desgranges, Philip) (Entered: 04/01/2022)

AFFIDAVIT OF SERVICE. James Essig served on 3/30/2022, answer due 4/20/2022. Document filed by Shamill Burgos; Shakira Leslie..(Desgranges, Philip) (Entered: 04/01/2022)

AFFIDAVIT OF SERVICE. Jason Graham served on 3/30/2022, answer due 4/20/2022. Document filed by Shamill Burgos; Shakira Leslie..(Desgranges, Philip) (Entered: 04/01/2022)

AFFIDAVIT OF SERVICE. Keechant Sewell served on 3/30/2022, answer due 4/20/2022. Document filed by Shamill Burgos; Shakira Leslie..(Desgranges, Philip) (Entered: 04/01/2022)

AFFIDAVIT OF SERVICE. Kenneth Corey served on 3/30/2022, answer due 4/20/2022. Document filed by Shamill Burgos; Shakira Leslie..(Desgranges, Philip) (Entered: 04/01/2022)

AFFIDAVIT OF SERVICE. Emanuel Katranakis served on 3/31/2022, answer due 4/21/2022. Document filed by Shamill Burgos; Shakira Leslie. (Attachments: # 1 Exhibit Affidavit of Non-Service on Original Address).(Desgranges, Philip) (Entered: 04/01/2022)

1 Exhibit Affidavit of Non-Service on Original Address

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NOTICE OF APPEARANCE by Lisa Freeman on behalf of Shamill Burgos, Shakira Leslie..(Freeman, Lisa) (Entered: 04/04/2022)

FIRST LETTER MOTION for Extension of Time to File Answer or MTD and for Extension Respond Motion Class Cert. addressed to Judge Naomi Reice Buchwald from Marilyn Richter dated April 12, 2022. Document filed by City of New York, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell..(Richter, Marilyn) (Entered: 04/12/2022)

NOTICE OF APPEARANCE by Anna Blondell on behalf of Shakira Leslie..(Blondell, Anna) (Entered: 04/13/2022)

ORDER granting 28 FIRST LETTER MOTION for Extension of Time to File Answer or MTD and for Extension Respond Motion Class Cert. addressed to Judge Naomi Reice Buchwald from Marilyn Richter dated April 12, 2022. So Ordered. City of New York answer due 5/20/2022; Kenneth Corey answer due 5/20/2022; James Essig answer due 5/20/2022; Jason Graham answer due 5/20/2022; Emanuel Katranakis answer due 5/20/2022; Keechant Sewell answer due 5/20/2022. (Signed by Judge Naomi Reice Buchwald on 4/13/2022) (mml) (Entered: 04/13/2022)

Set/Reset Deadlines

Set/Reset Deadlines: Responses due by 6/20/2022 Replies due by 7/8/2022. (mml)

NOTICE OF APPEARANCE by Peter Laumann on behalf of Shamill Burgos, Shakira Leslie..(Laumann, Peter) (Entered: 05/06/2022)

FIRST LETTER MOTION for Conference Pre-Motion Conf. for Motion to Dismiss addressed to Judge Naomi Reice Buchwald from Marilyn Richter dated May. Document filed by City of New York, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell..(Richter, Marilyn) (Entered: 05/20/2022)

LETTER addressed to Judge Naomi Reice Buchwald from Philip Desgranges dated 05/25/2022 re: Responding to Defendants' Request to a Pre-Motion Conference. Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 05/25/2022)

ORDER granting 32 Letter Motion for Conference re: 32 FIRST LETTER MOTION for Conference Pre-Motion Conf. for Motion to Dismiss addressed to Judge Naomi Reice Buchwald from Marilyn Richter dated May. Having reviewed the parties' pre-motion letters, dated May 20, 2022 and May 25, 2022, the Court has determined that defendants may bring their motion without the necessity of a pre-motion conference. Plaintiffs are reminded that if, consistent with Rule 11, they can assert additional allegations to cure any alleged deficiencies raised by defendants' letter, it would be in the best interest of both the parties and the Court for plaintiffs to assert them now, before briefing on the proposed motions. Plaintiffs are thus granted leave to file an amended complaint within two weeks of this Order. At that time, if no amended complaint has been filed, the parties should confer on a briefing schedule agreeable to both sides, in which no more than sixty days elapse from the filing of defendants' motion to the filing of defendants' reply.. (Signed by Judge Naomi Reice Buchwald on 5/31/2022) (rro) (Entered: 05/31/2022)

LETTER addressed to Judge Naomi Reice Buchwald from Philip Desgranges dated 6/9/2022 re: Proposed Briefing Schedule for Defendants' Motion to Dismiss and Stay of Class Certification Briefing. Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 06/09/2022)

ORDER denying without prejudice to renewal 9 Motion to Certify Class. ORDERED that the proposed motion schedule for the motion to dismiss is approved; and it is further ORDERED that the motion for class certification, ECF No. 9, is denied without prejudice to its renewal (on the original papers if plaintiffs so choose) following the resolution of the proposed motion to dismiss. (Signed by Judge Naomi Reice Buchwald on 6/13/2022) (mml) (Entered: 06/13/2022)

MOTION for Brittany Thomas to Withdraw as Attorney for Plaintiffs. Document filed by Shamill Burgos, Shakira Leslie..(Thomas, Brittany) (Entered: 06/13/2022)

Set/Reset Deadlines

Set/Reset Deadlines: Motions due by 7/12/2022. Responses due by 8/16/2022. Replies due by 8/30/2022. (mml)

MOTION for Marsha L. Levick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26359444. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Juvenile Law Center. (Attachments: # 1 Affidavit Affidavit of Marsha L Levick, # 2 Exhibit Certificate of Good Standing of Marsha L Levick, # 3 Text of Proposed Order Proposed Order).(Levick, Marsha) (Entered: 07/01/2022)

FIRST MOTION for HyeJi Kim to Appear Pro Hac Vice as amicus curiae The Gault Center. Filing fee $ 200.00, receipt number ANYSDC-26360636. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Gault Center. (Attachments: # 1 Affidavit Affidavit Supporting Admission for PHV, # 2 Supplement Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission PHV).(Kim, HyeJi) (Entered: 07/01/2022)

MOTION for KATRINA L GOODJOINT to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26369075. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Gault Center. (Attachments: # 1 Affidavit Affidavit of Katrina Goodjoint, # 2 Exhibit Certificate of good standing, # 3 Text of Proposed Order Proposed Order).(Goodjoint, Katrina) (Entered: 07/05/2022)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 38 MOTION for Marsha L. Levick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26359444. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 39 FIRST MOTION for HyeJi Kim to Appear Pro Hac Vice as amicus curiae The Gault Center. Filing fee $ 200.00, receipt number ANYSDC-26360636. Motion and supporting papers to be reviewed by Clerk's Office staff.</FONT. The document has been reviewed and there are no deficiencies. (sgz)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 40 MOTION for KATRINA L GOODJOINT to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26369075. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)

NOTICE OF APPEARANCE by Beth Haroules on behalf of New York Civil Liberties Uinon and American Civil Liberties Union..(Haroules, Beth) (Entered: 07/07/2022)

LETTER MOTION to File Amicus Brief addressed to Judge Naomi Reice Buchwald from Beth Haroules, on behalf of the New York Civil Liberties Union and the American Civil Liberties Union, proposed amicus curiae dated July 7, 2022. Document filed by New York Civil Liberties Uinon and American Civil Liberties Union..(Haroules, Beth) (Entered: 07/07/2022)

FIRST LETTER MOTION for Extension of Time to submit Defendants' Motion to Dismiss addressed to Judge Naomi Reice Buchwald from Marilyn Richter dated July 11, 2022. Document filed by City of New York, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell. (Attachments: # 1 Text of Proposed Order proposed revised briefing schedule).(Richter, Marilyn) (Entered: 07/11/2022)

1 Text of Proposed Order proposed revised briefing schedule

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REVISED BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS granting 43 Letter Motion for Extension of Time. The parties have proposed the following revised briefing schedule for Defendants' motion to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(1): (1)Defendants' time to file their motion to dismiss will be extended for three calendar days, from July 12, 2022 to July 15, 2022. 2)Plaintiffs' time to file their opposition to the motion will be extended for six calendar days, from August 16, 2022 to August 22, 2022. 3)Defendants' time to file their reply will be extended for three calendar days, from August 30, 2022 to September 2, 2022. So Ordered. ( Motions due by 7/15/2022.) (Signed by Judge Naomi Reice Buchwald on 7/11/22) (yv) (Entered: 07/12/2022)

Set/Reset Deadlines

Set/Reset Deadlines: Responses due by 8/22/2022 Replies due by 9/2/2022. (yv)

FIRST MOTION to Dismiss ., FIRST MOTION to Dismiss for Lack of Jurisdiction . Document filed by City of New York, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell..(Richter, Marilyn) (Entered: 07/15/2022)

FILING ERROR - DUPLICATE DOCUMENT - FIRST MOTION to Dismiss for Lack of Jurisdiction . Document filed by City of New York, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell. (Attachments: # 1 Affidavit declaration.Rios, # 2 Exhibit Exhibit A Form and emails, # 3 Exhibit Exhibit B form and emails, # 4 Affidavit declaration.McKay, # 5 Exhibit Exh A, Technical terms defined, # 6 Affidavit declaration.Katranakis, # 7 Affidavit declaration. Barrows, # 8 Exhibit Exhibit A emails, # 9 Exhibit Exhibit B emails).(Richter, Marilyn) Modified on 7/18/2022 (kj). Modified on 7/18/2022 (kj). (Entered: 07/15/2022)

1 Affidavit declaration.Rios

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2 Exhibit Exhibit A Form and emails

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3 Exhibit Exhibit B form and emails

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4 Affidavit declaration.McKay

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5 Exhibit Exh A, Technical terms defined

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6 Affidavit declaration.Katranakis

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7 Affidavit declaration. Barrows

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8 Exhibit Exhibit A emails

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9 Exhibit Exhibit B emails

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Notice to Attorney to Re-File Document - Deficient Docket Entry Error

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Marilyn Richter to RE-FILE Document 46 FIRST MOTION to Dismiss for Lack of Jurisdiction .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Declaration in Support found under the Event List. ***REMINDER***FIRST MOTION to DISMISS already filed at Doc. 45. File each Declaration in Support separately then link to the First Motion to Dismiss. (kj)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss Memo of Law. Document filed by City of New York, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell..(Richter, Marilyn) Modified on 7/18/2022 (kj). Modified on 7/18/2022 (kj). (Entered: 07/16/2022)

Notice to Attorney to Re-File Document - Event Type Error

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Marilyn Richter to RE-FILE Document 47 FIRST MOTION to Dismiss Memo of Law.. Use the event type Replies, Opposition and Supporting Documents then select Memorandum in Support of Motion found under the event list. (kj)

Notice to Attorney to Re-File Document - Deficient Docket Entry Error

Notice to Attorney to Re-File Document - Event Type Error

LETTER MOTION for Leave to File Amicus Curiae Brief in opposition to Defendants' Motion to Dismiss addressed to Judge Naomi Reice Buchwald from Rene Kathawala dated 7/21/2022. Document filed by The Policing Project at New York University School of Law..(Kathawala, Rene) (Entered: 07/21/2022)

LETTER MOTION to File Amicus Brief withdrawing July 7, 2022 request at ECF Docket 42 as premature given FRCP 12b1 motion to dismiss, addressed to Judge Naomi Reice Buchwald from Beth Haroules, NYCLU dated July 29, 2022. Document filed by New York Civil Liberties Uinon and American Civil Liberties Union..(Haroules, Beth) (Entered: 07/29/2022)

ORDER terminating 42 Letter Motion to File Amicus Brief; granting 49 Letter Motion to File Amicus Brief. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 8/1/2022) (mml) (Entered: 08/01/2022)

MEMO ENDORSED ORDER granting 37 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. SO ORDERED. Attorney Brittany Thomas terminated. (Signed by Judge Naomi Reice Buchwald on 8/1/2022) (mml) (Entered: 08/01/2022)

ORDER granting 48 Letter Motion for Leave to File Document. WHEREAS the Court has received numerous requests to appear as amicus curiae and to file an amicus brief in this action, ECF Nos. 38-40, 48; it is hereby ORDERED that those applications to appear and to file amicus briefs are granted to the extent that amicus briefs of up to ten pages are permitted in this action; and further ORDERED that any amicus briefs must be filed by September 2, 2022. (Signed by Judge Naomi Reice Buchwald on 8/3/2022) (mml) (Entered: 08/03/2022)

Set/Reset Deadlines

Set/Reset Deadlines: Brief due by 9/2/2022. (mml)

JOINT LETTER MOTION to File Amicus Brief on Merits at subsequent stage in proceedings addressed to Judge Naomi Reice Buchwald from Marsha L. Levick, HyeJi Kim, and Katrina L. Goodjoint dated August 8, 2022. Document filed by Juvenile Law Center, The Gault Center..(Levick, Marsha) (Entered: 08/08/2022)

ORDER granting 53 Letter Motion to File Amicus Brief. Application granted. (Signed by Judge Naomi Reice Buchwald on 8/9/2022) (mml) (Entered: 08/09/2022)

MEMORANDUM OF LAW in Opposition re: 45 FIRST MOTION to Dismiss .FIRST MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 08/22/2022)

DECLARATION of Kyla Wells in Opposition re: 45 FIRST MOTION to Dismiss .FIRST MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Shamill Burgos, Shakira Leslie. (Attachments: # 1 Exhibit Email Request for Expungement).(Desgranges, Philip) (Entered: 08/22/2022)

LETTER MOTION for Oral Argument addressed to Judge Naomi Reice Buchwald from Philip Desgranges dated 8/22/2022. Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 08/22/2022)

FIRST LETTER MOTION to Seal UNSEAL D.A. file addressed to Judge Naomi Reice Buchwald from Marilyn Richter dated August 31, 2022. Document filed by City of New York, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell. (Attachments: # 1 Text of Proposed Order proposed order).(Richter, Marilyn) (Entered: 08/31/2022)

1 Text of Proposed Order proposed order

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LETTER addressed to Judge Naomi Reice Buchwald from J. David Pollock dated 9/1/2022 re: Responding to Defendants' Letter Motion. Document filed by Shamill Burgos, Shakira Leslie. (Attachments: # 1 Text of Proposed Order Revised Proposed Order).(Pollock, James) (Entered: 09/01/2022)

ORDER: IT IS HEREBY ORDERED that the file of the Bronx DA in the matter of People of the State of New York v. Shamill Burgos, 2019BX024247, be made available to Defendants' counsel, Hon. Sylvia O. Hinds-Radix, Corporation Counsel of the City of New York, or her authorized representative, insofar as that file contains any records that relate to the November 2019 request by the Legal Aid Society for expungement of Plaintiff Burgos' DNA profile. IT IS FURTHER ORDERED: (1) That a copy of the documents provided to Corporation Counsel shall be provided to plaintiffs' counsel; (2) That the contents of the case file shall not be used for any purpose other than the evaluation, preparation, presentation or settlement of claims or defenses in this action; (3) That any party seeking to file papers with the Court that incorporate specific and identifiable content from the case file or otherwise reveal the contents thereof shall seek permission to file the materials under seal in accordance with the Court's Individual Practices. (Signed by Judge Naomi Reice Buchwald on 9/2/2022) (mml) (Entered: 09/02/2022)

MEMORANDUM OF LAW in Opposition re: 45 FIRST MOTION to Dismiss .FIRST MOTION to Dismiss for Lack of Jurisdiction . (Amicus Brief). Document filed by The Policing Project at New York University School of Law..(Kathawala, Rene) (Entered: 09/02/2022)

FIRST LETTER addressed to Judge Naomi Reice Buchwald from Marilyn Richter dated September 2, 2022 re: Unsealing Order Not Needed. Document filed by City of New York, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell..(Richter, Marilyn) (Entered: 09/02/2022)

FIRST REPLY MEMORANDUM OF LAW in Support re: 45 FIRST MOTION to Dismiss .FIRST MOTION to Dismiss for Lack of Jurisdiction . . Document filed by City of New York, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell. (Attachments: # 1 Affidavit Reply Declaration, # 2 Affidavit Reply Decl.).(Richter, Marilyn) (Entered: 09/02/2022)

LETTER: addressed to Counsel from Naomi Reice Buchwald, United States District Judge dated 1/20/2023 re: Our review of the submissions on defendants motion to dismiss has raised the question of whether the doctrine of Pullman abstention is applicable to this case. Under Railroad Comm'n of Texas v. Pullman Co., 312 U.S. 496, 500 (1941) and its progeny, "federal courts should abstain when litigants challenge state actions on federal constitutional grounds in federal court and the answer to an unsettled question of state law might eliminate the need to decide the federal constitutional question or materially alter the way the federal court would view that question." 17A Moore's Federal Practice - Civil §122.20. As the parties may be aware, federal courts are permitted to raise the issue of abstention sua sponte. See Catlin v. Ambach, 820 F.2d 588, 591 (2d Cir. 1987). Each party is directed to file submissions no longer than ten (10) pages on February 3, 2023. Each party may also file a rebuttal submission no longer than five (5) pages on February 10, 2023. The Court will inform the parties if it believes that oral argument would be valuable..(ama) (Entered: 01/20/2023)

OPPOSITION BRIEF re: 64 Letter,,,, the Application of Pullman Abstention. Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 02/03/2023)

FIRST LETTER addressed to Judge Naomi Reice Buchwald from Marilyn Richter dated February 3, 2023 re: Abstention. Document filed by City of New York, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell..(Richter, Marilyn) (Entered: 02/04/2023)

FIRST LETTER addressed to Judge Naomi Reice Buchwald from Marilyn Richter dated February 5, 2023 re: late filing of abstention letter. Document filed by City of New York, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell..(Richter, Marilyn) (Entered: 02/05/2023)

BRIEF re: 64 Letter,,,, Reply in Opposition to the Application of Pullman Abstention. Document filed by Shamill Burgos, Shakira Leslie..(Desgranges, Philip) (Entered: 02/10/2023)

BRIEF re: 64 Letter,,,, Reply in Support of Invocation of Pullman Abstention. Document filed by City of New York, Kenneth Corey, James Essig, Jason Graham, Emanuel Katranakis, Keechant Sewell..(Richter, Marilyn) (Entered: 02/14/2023)

MEMORANDUM AND ORDER denying 45 Motion to Dismiss; denying 45 Motion to Dismiss for Lack of Jurisdiction. For the foregoing reasons, defendants' motion to dismiss is denied. The Clerk of Court is respectfully directed to terminate the motion pending at ECF No. 45. (Signed by Judge Naomi Reice Buchwald on 3/23/2023) (ate) (Entered: 03/23/2023)

CORRECTED MEMORANDUM AND ORDER: For the foregoing reasons, defendants' motion to dismiss is denied. The Clerk of Court is respectfully directed to terminate the motion pending at ECF No. 45. (Signed by Judge Naomi Reice Buchwald on 3/24/2023) (ate) (Entered: 03/24/2023)