Tikkun v. City of New York

S.D.N.Y. · 2010 · CourtListener

Cite as Tikkun v. City of New York, 265 F.R.D. 152 (S.D.N.Y. 2010)

District2nd Cir.Policing & criminal law Prisons & detention Privacy & medical recordsFavorable

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Proceedings

No. 4336088 · Docket on CourtListener

47 documents

Tikkun v. City of New York, No. 1:05-cv-09901 (S.D.N.Y. filed Nov. 22, 2005)

Opinion: District Court, S.D. New York · On CourtListener

The court's opinion, in full text on this site

Tikkun v. City of New York, 265 F.R.D. 152 (S.D.N.Y. 2010)

Filings on file (48 in 40 docket entries)

Filings on file
Date	No.	Document	Type	Pages	Source
2005-11-22	1	COMPLAINT against James Essig, John J. Colgan, Martin F. Horn, Robert N. Davoren, Richard Roes, Robert Roes, John Does, Julie Does, Jane Does, James Does, The City of New York, Michael Bloomberg, Raymond Kelly, Joseph Esposito, Thomas Graham, Bruce Smolka. (Filing Fee $ 250.00, Receipt Number 562560)Document filed by Kaitlyn Tikkun.(lb, ) Additional attachment(s) added on 11/30/2005 (mbe, ). (Entered: 11/23/2005)	Complaint	40	PDF CL
2005-12-08	2	NOTICE OF CASE ASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned no longer assigned to the case. (jeh, ) (Entered: 12/09/2005)	Notice of Case Assignment/Reassignment	1	PDF CL
2005-12-22	3	ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial (includes scheduling, discovery, non dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Kenneth M. Karas on 12/15/05) (dle, ) (Entered: 01/05/2006)	Order Referring Case to Magistrate Judge	4	PDF CL
2006-02-10	5	NOTICE OF APPEARANCE by Jed M. Weiss on behalf of The City of New York (Weiss, Jed) (Entered: 02/10/2006)	Notice of Appearance	1	PDF CL
2006-04-07	8	NOTICE OF APPEARANCE by James Mirro on behalf of The City of New York (Mirro, James) (Entered: 04/07/2006)	Notice of Appearance	1	PDF CL
2006-04-28	10	ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from James Mirro dated 4/26/06 re: Application GRANTED. The attached Discovery Order # 1 and Protective Order # 1 are to be entered in the cases listed on pages 2 and 3 of said Order. Original filed in 04cv7922, document # 59. (Signed by Judge James C. Francis on 4/27/06) (db, ) (Entered: 04/28/2006)	Endorsed Letter	26	PDF CL
2006-05-05	11	CASE MANAGEMENT PLAN:Dispositive Motions due by 9/1/2007. Responses due by 10/1/2007 Replies due by 11/1/2007. Fact Discovery due by 2/1/2007. (Signed by Judge James C. Francis on 5/4/06) (cd, ) (Entered: 05/05/2006)	Case Management Plan	4	PDF CL
2006-05-22	12	ANSWER to Complaint. Document filed by James Essig, John J. Colgan, Martin F. Horn, Robert N. Davoren, The City of New York, Michael Bloomberg, Raymond Kelly, Joseph Esposito, Thomas Graham, Bruce Smolka.(Mirro, James) (Entered: 05/22/2006)	Answer to Complaint	26	PDF CL
2006-10-24	13	PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Magistrate Judge James C. Francis on 10/20/2006) (lb, ) (Entered: 10/25/2006)	Protective Order	8	PDF CL
2006-11-13	15	DISCOVERY ORDER #2: It is hereby ordered as follows: counsel for any party seeking to take a deposition may serve a notice on counsel for the party to be deposed at any time in advance of the deadline for doing so as set forth in the case management order governing each individual action. All other rulings as set forth in this order. (Signed by Magistrate Judge James C. Francis on 11/13/2006) Copies Mailed By Chambers (lb, ) (Entered: 11/17/2006)	Order	5	PDF CL
2007-06-15	19	ORDER: Counsel in the consolidated RNC cases having failed to cooperate in the scheduling of depositions as anticipated by Discovery Order #2, it is hereby ordered as follows: The defense witnesses scheduled to be deposed on dates on or after June 19, 2007 as set forth in the letters of Jeffrey A. Rothman dated May 14, 2007, Michael L. Spiegel dated May 23, 2007, and Jonathan Moore and Clare Norins dated June 7, 2007 shall appear on the dates indicated in those letters. Counsel shall have until June 29, 2007 to agree on specific deposition dates for any other defense witnesses identified by then and for all plaintiffs. the agreed upon dates shall not extend beyond November 16, 2007. After June 29, 2007, no additional fact witnesses shall be noticed for deposition absent: (a) agreement of the parties or (b) a showing that the witness could not reasonably have been identified prior to that date. On July 2, 2007, counsel for each party noticing depositions shall provide a letter to the Court listing all dates agreed upon pursuant to paragraph 2 of this order, which letters shall be "So Ordered." On July 2, 2007, counsel for each party noticing depositions shall also provide a separate letter identifying all witnesses for whom no date has been agreed upon. i will then schedule all such depositions. That schedule shall, by necessity, be arbitrary and inflexible. Following the pretrial conference scheduled for June 29, 2007, counsel may utilize my Courtroom to discuss the master deposition schedule among themselves. This order applies to all RNC cases consolidated for discovery. So Ordered. (Signed by Judge James C. Francis on 6/15/07) (js) Modified on 6/18/2007 (Bravo, Lorraine). (Entered: 06/15/2007)	Order	3	PDF CL
2007-07-23	20	MOTION for Joey L. Mogul to Appear Pro Hac Vice. Document filed by Kaitlyn Tikkun.(jco) (Entered: 07/26/2007)	Motion to Appear Pro Hac Vice	7	PDF CL
2007-08-08	22	ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Andrea Ritchie dated 8/6/07 re: a request for the Court to enter an order requiring defendants to immediately produce attendance, logs, sign in sheets and any other documents identifying NYPD or DOC employees present at MAPC on 8/31/04 and 9/1/2004, as well as all other information and documents requested of defense counsel in her letter of 7/27/2007. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge James C. Francis on 8/8/07) (kco) (Entered: 08/09/2007)	Endorsed Letter	3	PDF CL
2007-08-24	24	ENDORSED LETTER addressed to Mag. Judge James C. Francis IV from Andrea J. Ritchie dated 7/16/07 re: Plaintiff requests that defendants be ordered to produce the photograph contained in Ms. Tikkun's DANY file by no later than July 23, 2007. Defendants shall produce the information responsive to plaintiff's requests by September 28, 2007 to the extent they have not already done so. (Signed by Judge James C. Francis on 8/24/07) (djc) (Entered: 08/27/2007)	Endorsed Letter	9	PDF CL
2007-08-31	27	MOTION to Amend/Correct 1 Complaint,. Document filed by Kaitlyn Tikkun. (Attachments: # 1 letter-brief in support of motion# 2 exhibits to letter brief# 3 proposed amended complaint# 4 proposed amended complaint -- redline)(Weber, Rose) (Entered: 08/31/2007)	Motion to Amend/Correct	1	PDF CL

	27-1	letter-brief in support of motion		6	PDF CL
	27-2	exhibits to letter brief		11	PDF CL
	27-3	proposed amended complaint		63	PDF CL
	27-4	proposed amended complaint -- redline		64	PDF CL
2007-10-23	31	MEMORANDUM OF LAW in Opposition re: 27 MOTION to Amend/Correct 1 Complaint,.. Document filed by The City of New York. (Brooks, Jeffrey) (Entered: 10/23/2007)	Memorandum of Law in Opposition to Motion	35	PDF CL
2007-10-23	32	DECLARATION of Raju Sundaran in Opposition re: 27 MOTION to Amend/Correct 1 Complaint,.. Document filed by The City of New York. (Brooks, Jeffrey) (Entered: 10/23/2007)	Declaration in Opposition to Motion	33	PDF CL
2007-11-19	35	REPLY MEMORANDUM OF LAW in Support re: 27 MOTION to Amend/Correct 1 Complaint,.. Document filed by Kaitlyn Tikkun. (Ritchie, Andrea) (Entered: 11/19/2007)	Reply Memorandum of Law in Support of Motion	2	PDF CL
2007-11-19	36	FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION for Report and Recommendations - Objection to R&R pursuant to FRCP 72(OBJECTION non-motion). Document filed by Kaitlyn Tikkun. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C)(Ritchie, Andrea) Modified on 1/10/2008 (KA). (Entered: 11/19/2007)	Motion for Report and Recommendations	5	PDF CL

	36-1	Exhibit Exhibit A		3	PDF CL
	36-2	Exhibit Exhibit B		9	PDF CL
	36-3	Exhibit Exhibit C		2	PDF CL
2007-12-04	37	ENDORSED LETTER addressed to Judge Richard J. Sullivan from Jeffrey A. Dougherty dated 12/3/07 re: Counsel requests that the Court enter a consolidated briefing schedule. ENDORSEMENT: The parties request is granted. Counsel are directed to submit a joint status letter by 1/14/08, or upon resolution of the outstanding motions by Magistrate Judge James C. Francis, IV, wichever is earlier, to apprise the Court of the status/developments in these matters. ( Status Report due by 1/14/2008.) (Signed by Judge Richard J. Sullivan on 12/4/07) (db) (Entered: 12/04/2007)	Endorsed Letter	3	PDF CL
2008-01-21	39	Objection. Document filed by Kaitlyn Tikkun. (Ritchie, Andrea) (Entered: 01/21/2008)	Objection (non-motion)	5	PDF CL
2008-01-23	40	MEMORANDUM AND ORDER: The plaintiffs' Motion (Amend/Correct) are GRANTED IN PART AND DENIED IN PART as further set forth in said Order. Within 10 days, the plaintiffs shall serve and file amended complaints that conform with this Order. (Signed by Magistrate Judge James C. Francis on 1/23/08) Copies Mailed by Chambers. (db) (Entered: 01/23/2008)	Order	33	PDF CL
2008-02-06	42	AMENDED COMPLAINT amending 1 Complaint, against Nicholas Estavillo, Patrick Devlin, Stephen Hammerman, Thomas Doepfner, Kerry Sweet, Ruby Marin-Jordan, Ruby Marin-Jordan, Terence Monahan, Thomas Purtell, Gerald Dieckmann, Thomas Galati, Alexander Laera, Paul Deentremont, Anthony Johnson, Daniel Albano, John Connolly, John Cortright, Mark Keegan, Saldo, Evelyn Rivera, Hernandez, Joseph Lamendola, Stremel, Barnes, Veerapen, Sims, C. Gatling, D. Edwards, G. Gethers, D. Jacques, Carr, W. Campbell, G. Cancel, S. Feagins, J. Harrison, P. Harris, A. Rubio, Blakeney, Works, Pegan, Williams-Robinson, Williams-Anderson, James Essig, John J. Colgan, Martin F. Horn, Robert N. Davoren, Richard Roes, Robert Roes, John Does, Julie Does, Jane Does, James Does, The City of New York, Michael Bloomberg, Raymond Kelly, Joseph Esposito, Thomas Graham, Bruce Smolka.Document filed by Kaitlyn Tikkun. Related document: 1 Complaint, filed by Kaitlyn Tikkun.(ae) (dle). (Entered: 02/14/2008)	Amended Complaint	63	PDF CL
2008-02-25	43	Appellant's BRIEF. Document filed by The City of New York. Appellee Brief due by 3/14/2008. (Mirro, James) (Entered: 02/25/2008)	Appellant's Brief	38	PDF CL
2008-03-06	45	ENDORSED LETTER addressed to Judge Richard J. Sullivan from James Mirro dated 2/25/2008 re: Defendants respectfully request that the Court permit the Brief in its current form. This appeal consolidates the arguments relating to some 37 separate cases. In addition, many of the issues discussed in the Brief, including the issues relating to the Deputy Commissioner for Intelligence David Cohen, are substantive issues that are of vital importance to defendants. In addition, due to the bulk of the Exhibits, defendants request permission not to file the Sundaran Declaration and Exhibits via ECF. Defendants have served these materials on opposing counsel in electronic form (on disks). ENDORSEMENT: Defendants' brief is accepted for filing. However the Court reminds defendants that requests to file over sized briefs should be filed well in advance of relevant due dates. Failure to do so in the future well result in rejection of the brief in this entirety. Defendants need not file the exhibits referenced herein via ECF. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/3/2008) (jmi) (Entered: 03/07/2008)	Endorsed Letter	4	PDF CL
2008-03-11	46	DECLARATION of Raju Sundaran in Support re: 43 Appellant's Brief. Document filed by The City of New York. (Brooks, Jeffrey) (Entered: 03/11/2008)	Declaration in Support	5	PDF CL
2008-03-18	49	OPPOSITION BRIEF to defendants' objections to M.J. Francis' Order concerning amendment of the complaint (despite the objections not having been docketed in this case). Document filed by Kaitlyn Tikkun.(Weber, Rose) (Entered: 03/18/2008)	Opposition Brief	2	PDF CL
2008-03-24	52	REPLY MEMORANDUM OF LAW in Support re: 36 MOTION for Report and Recommendations - Objection to R&R pursuant to FRCP 72.. Document filed by Kaitlyn Tikkun. (Ritchie, Andrea) (Entered: 03/24/2008)	Reply Memorandum of Law in Support of Motion	7	PDF CL
2008-03-25	53	ENDORSED LETTER addressed to Judge Richard J. Sullivan from Raju Sundaran dated 3/12/2008 re: Defendants request permission to file one hard copy set of exhibits with Clerk's office in connection with their Rule 72 objections to the January 23, 2008 Order of Magistrate Judge James C. Francis IV. Defendants have already filed and served their Memorandum of Law and Declaration in support via ECF in each of these 35 cases. Defendants request that this single set exhibits be docketed in all RNC case listed on the attached appendix in order to have a complete record in the event of an appeal. Due to their bulk, Your Honor previously excused defendants from filing their exhibits vis ECF by order dated March 3, 2008. A copy of that order (and appendix) is attached for the convenience of Your Honor and the Clerk's office. ENDORSEMENT: Defendants' request is Granted.Defendants shall also submit a set of the exhibits as courtesy copies to chambers. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/14/2008) (jmi) (Entered: 03/26/2008)	Endorsed Letter	4	PDF CL
2008-04-03	55	ENDORSED LETTER addressed to Judge Richard J. Sullivan from James Mirro dated 4/2/08 re: Defendants request that the Court permit them to file a brief of up to 20 pages in length, if necessary, in further support of their appeal of the 1/23/08 order of Magistrate Francis. ENDORSEMENT: Defendants' reply brief shall not exceed 15 pages. (Signed by Judge Richard J. Sullivan on 4/3/08) (tro) (Entered: 04/04/2008)	Endorsed Letter	3	PDF CL
2008-04-08	56	REPLY MEMORANDUM OF LAW in Support. Document filed by The City of New York. (Weiler, Fred) (Entered: 04/08/2008)	Reply Memorandum of Law in Support	21	PDF CL
2008-04-08	57	DECLARATION of RAJU SUNDARAN in Support. Document filed by The City of New York. (Weiler, Fred) (Entered: 04/08/2008)	Declaration in Support	79	PDF CL
2008-04-10	58	REPLY MEMORANDUM OF LAW re: 43 Appellant's Brief. Document filed by The City of New York. (Attachments: # 1 Declaration of Raju Sundaran with Exhibits)(Brooks, Jeffrey) (Entered: 04/10/2008)	Reply Memorandum of Law	18	PDF CL

	58-1	Declaration of Raju Sundaran with Exhibits		79	PDF CL
2008-04-22	59	ORDER: 1. Plaintiff's application to preclude evidence concerningMAPL, PASS, and the plaintiff's pre-arraignment medical screening is granted to the extent that, absent extraordinary circumstances, against defendants shall not be permitted to rely on previously undisclosed witnesses to present evidence on these topics. 2. Defendants' application to bifurcate and stay Monell discovery is denied. Such a procedure would further delay resolution of this action and would be more costly and disruptive. 3. By May 16, 2008, defendants shall produce for deposition the NYPD sergeant who served as the LGBT liaison in the office of the Chief of Department in 2001 or shall provide plaintiff's counsel with that person's name and last known address. 4. Plaintiff's application to redepose Chief Patrick Devlin and Chief of Department Joseph Esposito is denied without prejudice to being renewed once it is determined whether they will be redepose in Schiller. 5. Defendants need not respond to plaintiff's interrogatories requesting the identity of "final policy makers," as the requests are vague and ambiguous and seek information more efficiently obtained by deposition. 6. By May 16, 2008, defendants stall answer interrogatories 5, 6, and 7 of Plaintiff's Second Set of Interrogatories. 7. Plaintiff' s application for an order directing defendants to produce the memo book of Sergeant Evelyn Rivera is denied; Sergeant Rivera has testified that she did not maintain a memo book during the RNC. 8. Plaintiff's application for an order requiring defendants to produce records of Sergeant Rivera's pending CCRB proceeding is granted but production is stayed until that proceeding has concluded. 9. By May 16, 2008, defendants shall produce all documents, including "49's," related to Chief Devlin's April, 2001 and May 7,2004 memorandum or shall submit a statement explaining the efforts undertaken to locate such documents. 10. By May 16, 2008, defendants shall produce all documents relating to changes in 2003 to the NYPD new recruitment training curriculum concerning interacting with LGBT individuals. 11. Defendants need not respond to plaintiff's request for documents relating to the arrest and detention of two "transvestites," as the request is vague and ambiguous. Copies Mailed By Chambers (Signed by Magistrate Judge James C. Francis on 4/22/2008) (jpo) (Entered: 04/22/2008)	Order	3	PDF CL
2008-06-03	60	ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Andrea J. Ritchie dated 5/29/08 re: Accordingly, plaintiff respectfully requests that defendants be ordered to produce, by no later than June 16, 2008, accurate identifying information and/or commands for the following sworn Officers listed on Ex. A as having been assigned to the Mass Arrest Processing Center during the RNC, or provide an affidavit explaining why they are unable to do so: Stremel, Barnes, Carr, Campbell, Jacques, Harrison. Additionally, plaintiff requests that defendants provide a work or home address for the following civilian employees listed on Ex. A as having been assigned to the Mass Arrest Processing Center during the RNC, accept service on their behalf, or provide an affidavit indicating why they are unable to do so: Blakeney, Williams-Anderson, Pagan, Works, Williams-Robinson. Finally, plaintiff respectfully requests an extension of time until June 30, 2008 to serve the above referenced defendants with the Amended Complaint in this matter. ENDORSEMENT: Application granted as modified. So Ordered. (Signed by Magistrate Judge James C. Francis on 6/3/08) (js) (Entered: 06/03/2008)	Endorsed Letter	3	PDF CL
2008-06-03	61	ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Jeffrey C. Brooks dated 6/3/2008; counsel writes to request that Your Honor enter an Order permitting defendants to file their 1/22/2008 case-specific motions and any replies thereto under seal. ENDORSEMENT: Application granted. Any letters related to these applications may be filed under seal. (Signed by Magistrate Judge James C. Francis on 6/3/2008) (kkc) (Entered: 06/03/2008)	Endorsed Letter	3	PDF CL
2008-07-14	63	NOTICE OF APPEARANCE by Jeffrey Charles Brooks on behalf of The City of New York (Brooks, Jeffrey) (Entered: 07/14/2008)	Notice of Appearance	1	PDF CL
2008-07-16	64	NOTICE of of Filing Under Seal re: 36 MOTION for Report and Recommendations - Objection to R&R pursuant to FRCP 72., 52 Reply Memorandum of Law in Support of Motion, 33 Endorsed Letter,,. Document filed by The City of New York. (Dougherty, Jeffrey) (Entered: 07/16/2008)	Notice (Other)	4	PDF CL
2010-02-17	104	MEMORANDUM AND ORDER that for the reasons set forth above, the defendants' motion to preclude the plaintiff from introducing the expert opinion of Professor Dean Spade is denied, as is their application to shift to the plaintiff the costs of Professor Spade's deposition. (Signed by Magistrate Judge James C. Francis on 2/17/10) Copies sent by chambers(cd) (Entered: 02/17/2010)	MEMORANDUM AND ORDER that for the reasons set forth above, t	15	PDF CL
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