Case: Plantiffs 1-3 v. The City of New York

1:25-cv-02397 | U.S. District Court for the Eastern District of New York

Filed Date: April 30, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case further). On April 30, 2025, three men on a New York Police Department ("NYPD") list of gang members filed a putative class action alleging NYPD officers allegedly surveilled, detained, questioned and harassed Black and Latino people on the list. The three named plaintiffs each assert they have been on the list for over a decade despite never being members of criminal organizations. Plaintiffs alleged the NYPD's conduct violated the First, Fourth and Fourteenth  Amendments, parts of the New York constitution, and a New York City prohibition on biased policing.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70026469/parties/plantiffs-1-3-v-the-city-of-new-york/


Judge(s)

Cogan, Brian Mark (New York)

Attorney for Plaintiff

Appling, Rigodis (New York)

Caldwell, Elizabeth Grace (New York)

Carbajal, Lauren (New York)

Case, Andrew Claude (New York)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case
1

1:25-cv-02397

Class Action Complaint

Plaintiffs 1-3 v. The City of New York

April 30, 2025

April 30, 2025

Complaint
46

1:25-cv-02397

Memorandum Decision and Order

Plaintiffs 1-3 v. The City of New York

Dec. 29, 2025

Dec. 29, 2025

Order/Opinion

2025 WL 3754084

48

1:25-cv-02397

First Amended Class Action Complaint

Rice et al. v. The City of New York

Jan. 20, 2026

Jan. 20, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70026469/plantiffs-1-3-v-the-city-of-new-york/

Last updated April 15, 2026, 5:13 a.m.

ECF Number Date Description Link
1 April 30, 2025

COMPLAINT against John Hart, Joseph Kenny, The City of New York, Jessica S Tisch Was the Disclosure Statement on Civil Cover Sheet completed -yES,, filed by Plantiffs 1-3. (Attachments: # 1 Civil Cover Sheet) (CV) Modified on 5/1/2025 (KD). (Entered: 05/01/2025)

1 Civil Cover Sheet

View on PACER

Clearinghouse
2 April 30, 2025

MOTION for Leave to Proceed Anonymously by Plantiffs 1-3. (Attachments: # 1 Memorandum in Support, # 2 Declaration Adam Anderson, # 3 Declaration Bryan Bradley, # 4 Declaration Chris Cooper) (CV) (Entered: 05/01/2025)

RECAP
3 April 30, 2025

MOTION to Certify Class by Plantiffs 1-3. (Attachments: # 1 Memorandum in Support Class Certification, # 2 Declaration of Rigodis Applying in Support of Plantiff's Motion for Class Certification) (CV) (Additional attachment(s) added on 5/1/2025: # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L) (KD). (Entered: 05/01/2025)

RECAP
4 April 30, 2025

Summons Issued as to John Hart, Joseph Kenny, The City of New York, Jessica S Tisch. (Attachments: # 1 Proposed Summons Police Commissioner, # 2 Proposed Summons Joseph Kenny, # 3 Proposed Summons John Hart) (CV) (Entered: 05/01/2025)

RECAP
April 30, 2025

FILING FEE: $ 405.00, receipt number 1000020581 (CV)

5 May 1, 2025

NOTICE of Appearance by Anne Venhuizen on behalf of Plantiffs 1-3 (aty to be noticed) (Venhuizen, Anne) (Entered: 05/01/2025)

RECAP
May 1, 2025

Filing Fee Received

6 May 9, 2025

NOTICE of Appearance by Andrew Claude Case on behalf of All Plaintiffs (aty to be noticed) (Case, Andrew) (Entered: 05/09/2025)

RECAP
7 May 12, 2025

NOTICE of Appearance by Elizabeth Grace Caldwell on behalf of All Plaintiffs (aty to be noticed) (Caldwell, Elizabeth) (Entered: 05/12/2025)

RECAP
8 May 12, 2025

NOTICE of Appearance by Alexsis Johnson on behalf of All Plaintiffs (aty to be noticed) (Johnson, Alexsis) (Entered: 05/12/2025)

RECAP
9 May 13, 2025

NOTICE of Appearance by Marjorie J. Peerce on behalf of Plantiffs 1-3 (aty to be noticed) (Peerce, Marjorie) (Entered: 05/13/2025)

RECAP
10 May 15, 2025

MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-19052558 by Plantiffs 1-3. (Attachments: # 1 Affidavit, # 2 Admission Information Certificate of Good Standing, # 3 Proposed Order) (Carbajal, Lauren) (Entered: 05/15/2025)

RECAP
May 16, 2025

Order on Motion for Leave to Appear Pro Hac Vice

May 16, 2025

ORDER granting 10 Lauren Carbajal's Motion for Leave to Appear Pro Hac Vice as counsel for plaintiffs. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 5/16/2025. (PW)

11 May 20, 2025

SUMMONS Returned Executed by Plantiffs 1-3. The City of New York served on 5/12/2025, answer due 6/2/2025. (Peerce, Marjorie) (Entered: 05/20/2025)

RECAP
12 May 20, 2025

SUMMONS Returned Executed by Plantiffs 1-3. Jessica S Tisch served on 5/13/2025, answer due 6/3/2025. (Peerce, Marjorie) (Entered: 05/20/2025)

RECAP
13 May 28, 2025

MOTION to Appear Pro Hac Vice of Samhitha Medatia Filing fee $ 200, receipt number ANYEDC-19087971 by Plantiffs 1-3. (Attachments: # 1 Exhibit 1 - Letter of Good Standing - GA Bar, # 2 Exhibit 2 - Certificate of Good Standing - DC Bar, # 3 Exhibit 3 - Certificate of Good Standing - VA Bar, # 4 Affidavit in Support of Motion for Admission Pro Hac Vice, # 5 Proposed Order for Admission Pro Hac Vice, # 6 Pro Hac Vice Filing Fee Receipt) (Medatia, Samhitha) (Entered: 05/28/2025)

RECAP
14 May 28, 2025

NOTICE of Appearance by Philip Louis Desgranges on behalf of Plantiffs 1-3 (aty to be noticed) (Desgranges, Philip) (Entered: 05/28/2025)

RECAP
15 May 28, 2025

NOTICE of Appearance by Rigodis Appling on behalf of Plantiffs 1-3 (aty to be noticed) (Appling, Rigodis) (Entered: 05/28/2025)

RECAP
16 May 29, 2025

Notice of MOTION to Appear Pro Hac Vice Christopher A. Hatfield Filing fee $ 200, receipt number ANYEDC-19093073 by Plantiffs 1-3. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice of Christopher A. Hatfield, # 2 Admission Information Certificates of Good Standing, # 3 Pro Hac Vice Filing Fee Receipt) (Hatfield, Christopher) (Entered: 05/29/2025)

RECAP
17 May 29, 2025

MOTION to Appear Pro Hac Vice of Katherine L. Oaks Filing fee $ 200, receipt number ANYEDC-19094199 by Plantiffs 1-3. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Affidavit, # 4 Proposed Order, # 5 Pro Hac Vice Filing Fee Receipt) (Oaks, Katherine) (Entered: 05/29/2025)

RECAP
18 May 30, 2025

SUMMONS Returned Executed by Plantiffs 1-3. John Hart served on 5/16/2025, answer due 6/6/2025. (Peerce, Marjorie) (Entered: 05/30/2025)

RECAP
19 May 30, 2025

SUMMONS Returned Executed by Plantiffs 1-3. Joseph Kenny served on 5/13/2025, answer due 6/3/2025. (Peerce, Marjorie) (Entered: 05/30/2025)

RECAP
20 May 30, 2025

First MOTION for Extension of Time to File Answer or otherwise respond to the class action complaint by Joseph Kenny, The City of New York, Jessica S Tisch. (Seligman, Rachel) (Entered: 05/30/2025)

RECAP
May 30, 2025

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

May 30, 2025

Order on Motion for Extension of Time to Answer

May 30, 2025

ORDER granting 13 Samhitha Medatia, 16 Christopher A. Hatfield, 17 Katherine L. Oaks' Motions for Leave to Appear Pro Hac Vice as counsel for plaintiffs. The attorneys shall register for ECF, registration is available online at www.pacer.gov. Once registered, each attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, each attorney shall ensure the $200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 5/30/2025. (PW)

May 30, 2025

ORDER granting 20 . Defendants The City of New York, Jessica S Tisch and Joseph Kenny's time to answer is extended to 8/1/2025. Ordered by Judge Brian M. Cogan on 5/30/2025. (PW)

21 June 4, 2025

NOTICE of Appearance by Katherine Oaks on behalf of Plantiffs 1-3 (notification declined or already on case) (Oaks, Katherine) (Entered: 06/04/2025)

RECAP
22 June 4, 2025

NOTICE of Appearance by Samhitha Muralidhar Medatia on behalf of Plantiffs 1-3 (notification declined or already on case) (Medatia, Samhitha) (Entered: 06/04/2025)

RECAP
23 June 4, 2025

NOTICE of Appearance by Christopher A. Hatfield on behalf of Plantiffs 1-3 (notification declined or already on case) (Hatfield, Christopher) (Entered: 06/04/2025)

RECAP
24 June 5, 2025

MOTION to Compel production of 160.50 releases by Joseph Kenny, The City of New York, Jessica S Tisch. (Seligman, Rachel) (Entered: 06/05/2025)

RECAP
June 5, 2025

Order on Motion to Compel

June 5, 2025

ORDER denying 24 . This is a discovery dispute not presented in accordance with this Court's Individual Practice Rules concerning discovery disputes. Ordered by Judge Brian M. Cogan on 6/5/2025. (PW)

25 June 13, 2025

Joint MOTION to Compel production of 160.50 releases by Joseph Kenny, The City of New York, Jessica S Tisch. (Seligman, Rachel) (Entered: 06/13/2025)

RECAP
26 June 13, 2025

Letter re: ECF 25 (joint letter to compel production of 160.50 releases) by Joseph Kenny, The City of New York, Jessica S Tisch (Attachments: # 1 Exhibit) (Seligman, Rachel) (Entered: 06/13/2025)

RECAP
27 June 13, 2025

Joint MOTION to Compel production of 160.50 releases (CORRECTED) by Plantiffs 1-3. (Jason, Kevin) (Entered: 06/13/2025)

RECAP
28 June 13, 2025

Joint MOTION to Compel production of 160.50 releases (CORRECTED) by Plantiffs 1-3. (Jason, Kevin) (Entered: 06/13/2025)

RECAP
29 June 13, 2025

Letter re: ECF No. 28 (CORRECTED Joint Letter to Compel Production of 160.50 releases) by Plantiffs 1-3 (Attachments: # 1 Exhibit) (Jason, Kevin) (Entered: 06/13/2025)

RECAP
June 13, 2025

Order on Motion to Compel AND Order on Motion to Compel AND Order on Motion to Compel

June 13, 2025

ORDER denying 25 27 28 . Because the parties do not agree on which of these motions is a joint discovery dispute letter, there is no joint discovery dispute letter, and the motions are all denied for failure to comply with this Court's Individual Practice Rule concerning the presentation of discovery disputes. Ordered by Judge Brian M. Cogan on 6/13/2025. (PW)

30 June 16, 2025

NOTICE of Appearance by Samuel Josef Erlanger on behalf of Plantiffs 1-3 (aty to be noticed) (Erlanger, Samuel) (Entered: 06/16/2025)

RECAP
31 June 25, 2025

NOTICE of Appearance by Mariana Lopez on behalf of All Plaintiffs (aty to be noticed) (Lopez, Mariana) (Entered: 06/25/2025)

RECAP
32 Aug. 1, 2025

MOTION for pre motion conference Regarding Defendants' Proposed Motion to Dismiss, as a Consolidated Brief together with Defendants' Oppositions to Plaintiffs' Motion for Class Certification and Motion to Proceed Anonymously by John Hart, Joseph Kenny, The City of New York, Jessica S Tisch. (Reilly, Kathleen) (Entered: 08/01/2025)

RECAP
Aug. 4, 2025

ORDER denying as unnecessary 32 Motion for Pre Motion Conference. The premotion conference is waived. Defendants' opposition and motions due by 8/28/2025; plaintiffs' reply and opposition to defendants' motions due 9/25/2025; defendants' reply in support of their motions due 10/9/2025. Ordered by Judge Brian M. Cogan on 8/4/2025. (PW)

Aug. 4, 2025

Order on Motion for Pre Motion Conference

33 Aug. 28, 2025

Notice of MOTION to Dismiss for Failure to State a Claim by John Hart, Joseph Kenny, The City of New York, Jessica S Tisch. (Reilly, Kathleen) (Entered: 08/28/2025)

RECAP
34 Aug. 28, 2025

MEMORANDUM in Support re 33 Notice of MOTION to Dismiss for Failure to State a Claim, 2 MOTION for Leave to File Document Proceed Anonymously, 3 MOTION to Certify Class Defendants' Memorandum of Law in Support of Their Motion to Dismiss and in Opposition to Plaintiffs' Motion to Certify Class and Motion to Proceed Anonymously filed by John Hart, Joseph Kenny, The City of New York, Jessica S Tisch. (Reilly, Kathleen) (Entered: 08/28/2025)

RECAP
35 Sept. 25, 2025

MEMORANDUM in Opposition re 33 Notice of MOTION to Dismiss for Failure to State a Claim, 2 MOTION for Leave to File Document Proceed Anonymously, 3 MOTION to Certify Class PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS AND CONSOLIDATED REPLY TO PLAINTIFFS' MOTIONS TO CERTIFY A CLASS AND TO PROCEED ANONYMOUSLY filed by All Plaintiffs. (Jason, Kevin) (Entered: 09/25/2025)

RECAP
36 Sept. 30, 2025

MOTION to Appear Pro Hac Vice of Marcel Pratt Filing fee $ 200, receipt number ANYEDC-19487676 by Plantiffs 1-3. (Pratt, Marcel) (Entered: 09/30/2025)

RECAP
37 Oct. 7, 2025

Consent MOTION for Extension of Time to File Response/Reply as to 33 Notice of MOTION to Dismiss for Failure to State a Claim Defendants' Request for a One-Week Extension of Time to File Their Reply in connection with Their Motion to Dismiss by John Hart, Joseph Kenny, The City of New York, Jessica S Tisch. (Reilly, Kathleen) (Entered: 10/07/2025)

RECAP
Oct. 7, 2025

Order on Motion for Extension of Time to File Response/Reply

Oct. 7, 2025

ORDER granting 37 Motion for Extension of Time to File Response/Reply. Reply due 10/16/2025. Ordered by Judge Brian M. Cogan on 10/7/2025. (TT)

38 Oct. 16, 2025

REPLY in Support re 33 Notice of MOTION to Dismiss for Failure to State a Claim Reply Memorandum of Law in Further Support of Defendants' Motion to Dismiss filed by John Hart, Joseph Kenny, The City of New York, Jessica S Tisch. (Reilly, Kathleen) (Entered: 10/16/2025)

RECAP
39 Oct. 16, 2025

Letter Respectfully requesting the Court hold its decision on plaintiffs' motion for class certification in abeyance pending the resolution of plaintiffs' motion to proceed anonymously by John Hart, Joseph Kenny, The City of New York, Jessica S Tisch (Reilly, Kathleen) (Entered: 10/16/2025)

RECAP
40 Oct. 17, 2025

Letter Response to Defendants' Letter dated October 16, 2025 (ECF No. 39) by Plantiffs 1-3 (Attachments: # 1 Declaration) (Peerce, Marjorie) (Entered: 10/17/2025)

RECAP
Oct. 17, 2025

ORDER deferring ruling on 36 . The motion for admission pro hac vice fails to comply with Local Civil Rule 1.3(k), which requires that "The motion must be accompanied by a certificate of the court for each of the states in which the applicant is a member of the bar that has been issued within 30 days of filing and states that the applicant is a member in good standing of the bar of that state court". The applicant need not file a new motion for admission, just file a letter attaching the new certificates of good standing as exhibits. Ordered by Judge Brian M. Cogan on 10/17/2025. (PW)

Oct. 17, 2025

Order on Motion for Leave to Appear Pro Hac Vice

41 Oct. 22, 2025

NOTICE of Appearance by Alexandra Faith Ogunsanya on behalf of All Plaintiffs (aty to be noticed) (Ogunsanya, Alexandra) (Entered: 10/22/2025)

RECAP
Oct. 27, 2025

Order(Other)

Oct. 27, 2025

ORDER re: 36 Motion to Appear Pro Hac Vice of Marcel Pratt. The applicant's Motion to Appear Pro Hac Vice was deferred, see Order dated 10/17/2025. He shall submit a renewed letter application for admission pro hac vice with the proper documentation by 11/10/2025. If nothing is filed by such date, the motion will be denied. Ordered by Judge Brian M. Cogan on 10/27/2025. (PW)

42 Oct. 28, 2025

NOTICE by Plantiffs 1-3 re 36 MOTION to Appear Pro Hac Vice of Marcel Pratt Filing fee $ 200, receipt number ANYEDC-19487676 (Pratt, Marcel) (Entered: 10/28/2025)

RECAP
43 Oct. 28, 2025

Notice of MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-19576843 by Plantiffs 1-3. (Do, Trang) (Entered: 10/28/2025)

RECAP
44 Oct. 29, 2025

NOTICE of Appearance by Marcel S. Pratt on behalf of Plantiffs 1-3 (notification declined or already on case) (Pratt, Marcel) (Entered: 10/29/2025)

RECAP
Oct. 29, 2025

ORDER granting 36 Marcel Pratt's Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 10/29/2025. (PW)

Oct. 29, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 29, 2025

ORDER granting 43 Trang K. Do's Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the $200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 10/29/2025. (PW)

45 Nov. 5, 2025

NOTICE of Appearance by Trang K. Do on behalf of Plantiffs 1-3 (notification declined or already on case) (Do, Trang) (Entered: 11/05/2025)

RECAP
46 Dec. 29, 2025

MEMORANDUM DECISION AND ORDER dated 12/29/25 plaintiffs' 3 motion for class certification is denied without prejudice to renewal after completion of limited discovery; defendants' 33 motion to dismiss is granted only as to the individua l defendants and is otherwise denied; and plaintiffs' 2 motion to proceed anonymously is denied. Within seven days of this order, plaintiffs shall file an amended complaint with their true names. ( Ordered by Judge Brian M. Cogan on 12/29/2025 ) (RG)

Clearinghouse
47 Dec. 31, 2025

MOTION for Extension of Time to File Amended Complaint by Plantiffs 1-3. (Peerce, Marjorie) (Entered: 12/31/2025)

RECAP
Jan. 2, 2026

ORDER granting 47 Motion for Extension of Time to File Amended Complaint to 1/20/2026. Ordered by Judge Brian M. Cogan on 1/2/2026. (PW)

Jan. 2, 2026

Order on Motion for Extension of Time to File

48 Jan. 20, 2026

AMENDED COMPLAINT against The City of New York, filed by Plantiffs 1-3. (Attachments: # 1 Exhibit) (Erlanger, Samuel) (Entered: 01/20/2026)

Clearinghouse
49 Feb. 3, 2026

Answer to Amended Complaint

RECAP
50 Feb. 26, 2026

Discovery

RECAP
Feb. 27, 2026

Order on Motion for Discovery

Case Details

State / Territory:

New York

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: April 30, 2025

Case Ongoing: Yes

Case Details

Other Dockets:

Eastern District of New York 1:25-cv-02397

Recommended Citation