Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 1 of 39 i k

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
JANE DOE 1 and JANE DOE 2, on behalf of themselves and all similarly situated women,
Plaintiffs,
-againstTHE CITY OF NEW YORK and BENNY SANTIAGO,
Defendants.

COMPLAINT CIVIL ACTION NO. Jury Trial Demanded

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 2 of 39
Plaintiffs Jane Doe I and Jane Doe 2, on behalf of themselves and a class of similarly situated women (together, "Plaintiffs"), by their undersigned counsel, based on personal knowledge and upon information and belief, allege as and for their Complaint as follows:
NATURE OF THE ACTION I.Correction officers at Rikers Island exploit the authority of their position to rape and sexually
abuse the women in their custody. This abuse is only possible because, in the face of repeated warnings, the City of New York has enabled a culture of complacency to perpetuate at Rikers Island and thereby consented to the abuse of women in its custody, 2. Jane Doe 1 and Jane Doe 2 were repeatedly raped and sexually abused by Correction Officer Benny Santiago ("Santiago"), who threatened to, and did, punish them if they resisted or
reported his abuse. Now, Plaintiffs bring this civil rights action pursuant to 42 U.S.C. § 1983
against Santiago and the City of New York (the "City" and, collectively, "Defendants") to obtain declaratory judgment, injunctive relief, and compensatory and punitive damages for deprivation of their constitutional rights. 3. New York State has recognized the coercive power correction officers wield over incarcerated women, and the related risk of rape and other sexual abuse, by criminalizing all sexual activity between incarcerated individuals and correctional staff in New York Penal
Law § 130.05(3)(f), New York Penal Law § 130.25(l), and New York Penal Law § 130.40(1). The City is aware that New York State has identified a significant risk of sexual
coercion of women in custody, but it nonetheless permits a culture of systemic rape and other sexual abuse of women by correction officers to exist at Rose M. Singer Center ("RMSC"), the all-female jail on Rikers Island, New York.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 3 of 39
4. The pervasive culture of rape and other sexual abuse at RMSC is common knowledge within and without the facility. Correction officers and other staff know not only that women are regularly abused, but also which officers abuse which women, and when and where the abuse occurs.
5. Supervisory officers and staff facilitate this rape and other sexual abuse by making predictable rounds and otherwise failing meaningfully to oversee correction officers.
6. The City facilitates this rape and other sexual abuse by permitting supervisory officers and staff to operate in the manner alleged herein, by failing to monitor (through cameras or otherwise) known at-risk areas and even by failing to post signs throughout RMSC stating it
is a crime pursuant to New York Penal Law § 130.05(3)(f), New York Penal Law § 130.25(1) and New York Penal Law § 130.40(l) for any New York City Department of
Correction ("DOC") employee to rape or sexually abuse any inate. 7. Correction officers use threats, punishment, and other measures to keep women, including
Plaintiffs, from reporting abuse. Here, Santiago intimidated and coerced Jane Doe 1 and Jane Doe 2 by physically restraining Jane Doe 1 and threatening her family and warning Jane Doe 2 that he would file disciplinary charges against her and have her beaten up by other inmates if she resisted or reported his abuse. 8. The City fails to protect from retaliation women who report rape and sexual abuse by correction officers, giving correction officers an actual and perceived free hand to retaliate against these women. This retaliation includes threats and other verbal abuse, deprivation of food for extended periods of time, refusing to permit women to bathe, and placing them in punitive segregation based on false disciplinary charges. For example, when Santiago suspected Jane Doe 2 of reporting him, he and other correction officers threatened and

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 4 of 39
harassed her, twice refused to feed her for over twenty-four hours, prohibited her from bathing for days at a time, and confined her to her cell and placed her in punitive segregation without justification-all as retaliation for reporting Santiago's criminal acts. 9. Despite being on notice of the widespread sexual misconduct perpetrated by correction
officers at RMSC, the City acted with deliberate indifference to the substantial risk of harm
to Jane Doe 1, Jane Doe 2, and other women in its custody. The City's customs, policies, practices, acts, and omissions allowed Santiago to rape and sexually abuse Jane Doe 1 and Jane Doe 2, and allowed Santiago and other correction officers to retaliate against Jane Doe 2 after she reported Santiago's abuse. 10. The City remained indifferent to the culture of rape and other sexual abuse at Rikers even after Jane Doe 2 reported Santiago's sexual misconduct. Rather than taking prompt steps to investigate and punish Santiago, the City instead both continued to employ Santiago at Rikers and treated Jane Doe 2 as an adversary, refusing all requests for information about its investigation of her allegations, first on the ground that the investigation found no wrongdoing, and later on the mutually exclusive ground that the investigation that purportedly had "found" no wrongdoing was nevertheless still ongoing. The City has also withheld records of Jane Doe 2's own statements to City investigators-statements made in a coercive environment and without the presence of counsel-and refused to return the personal property Jane Doe 2 provided the City to assist its purported investigation. 11. The City claims to recognize that Rikers is a "dehumanizing environment," from which inmates are released "more broken than when they came in," but, to date, neither the policies and practices promulgated and permnitted by the City, nor the City's approach to the women

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 5 of 39
who brave retaliation from correction officers to complain of rape and other sexual abuse, demonstrate any intent to electively change the status quo.
JURISDICTION AND VENUE
12. This court has jurisdiction over this action under 28 U.S.C. §§ 1331 and 1343.
13. Venue is proper in the United States District Court for the Southern District of New York
pursuant to 28 U.S.C. § 13911(b).
PARTIES 14. Jane Doe I is a pre-trial detainee at RMVSC who is currently detained at Rikers and has been
there since approximately September 13, 2011. She was previously detained at RMSC for periods of time between 2006 and 2011. 15. Jane Doe 2 was a pre-trial detainee at RMSC from December 1, 2012 to May 14, 2013. Jane Doe 2 was again incarcerated at RMVSC from March 26, 2014 to April 3, 2014. Jane Doe 2 is no longer incarcerated; she was released early on parole. 16. At all times referred to herein, Santiago was a Correction Officer employed by DOC and assigned to work at RMSC. Jane Doe 1 and Jane Doe 2 sue Santiago in his individual capacity. Upon information and belief, Santiago is a resident of the State of New York. 17. Defendant the City is a municipal entity created and authorized under the laws of the State of New York. It is authorized by law to maintain a correction department which acts as its agent in the area of corrections and for which it is ultimately responsible. The City maintains DOC, which is a municipal entity created and authorized under the laws of the State of New York. DOC is authorized by law to carry out all correction functions for the City and assumes responsibility for the care, custody, and control of persons held by the City in correctional facilities.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 6 of 39
STATEMENT OF FACTS Santliago Rapes and Sexually Abuses Jane Doe 1 18. During Jane Doe l's detention at RMSC, Santiago regularly raped her, at times as many as
four times a week. When Jane Doe 1 tried to resist, Santiago would often roughly grab her and tell her that she "knew better." On several occasions, when Jane Doe 1 disobeyed Santiago, or when Santiago was displeased by something Jane Doe 1 had done, he would punish her by anally raping her. Santiago knew where Jane Doe 1I's mother lived, and would park his car outside of her home, observe Jane Doe l's family, and later report his observations to Jane Doe 1-reminding her to "make the right decision," and implicitly threatening her family. Santiago also kept Jane Doe 1 from resisting or reporting his sexual abuse by threatening that after she was released, she would live with him, keep his house clean, and "never go anywhere."
Santiago's Pre-2011 Abuse of Jane Doe 1
19. Jane Doe 1 first encountered Santiago in late 2006, while she was incarcerated at RMSC.
Jane Doe 1 was released in early 2007. 20. Santiago's sexual abuse of Jane Doe 1 began in late 2008, roughly a week after Jane Doe 1
returned to RMSC on a new detention. While Santiago is a serial abuser, his abuse of Jane Doe 1 also took advantage of her limited intellectual capacity. In school she was placed in special education classes and was held back twice, once in elementary school and once in high school. She also dropped out of school in the tenth grade and has tested in the lowest 0.5 percentile on the Verbal Comprehension Index of the Wechsler Adult Intelligence Scale. 21. During this period of incarceration, Jane Doe 1 was housed in Dormitory 8, where Santiago was the "steady" officer during the 7 a.m. to 3 p.m. shift.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 7 of 39
22. While Jane Doe 1was working ajanitorial shift at RMvSC (commonly known as "house detail"), Santiago approached her and instructed her to mop the floor. Jane Doe 1 was uncomfortable because she noticed that Santiago was staring at her buttocks while she mopped.
23. A pattern developed: early each morning, Santiago would ask Jane Doe 1 to clean various areas of Dormitory 8 and would watch her as she cleaned. Other correction officers on duty at that time were usually asleep. Sometimes Santiago would talk to Jane Doe 1 while she worked and share inappropriate personal information with her, including discussing his relationship with his wife and providing Jane Doe 1 with what he said was his home address.
24. Approximately one week later, Santiago instructed Jane Doe I to come to his desk in the Dormitory 8 dayroom, the dormitory's common area. Jane Doe 1 assumed that Santiago would ask her to clean, as he typically did. Instead, Santiago unzipped his pants, exposed himself, and began masturbating. Jane Doe I was shocked and extremely uncomfortable, but she did not feel that she could walk away because Santiago was a correction officer and he had ordered her to come to the desk.
25. After Santiago ejaculated, he zipped up his pants and instructed Jane Doe 1 to keep quiet about the incident.
26. Although Santiago masturbated in an open area of Dormitory 8, upon information and belief, there were no functional cameras monitoring the area.
27. About a week after this incident, Santiago told Jane Doe 1 that he "wanted her to be his." Jane Doe 1 attempted to walk away but Santiago forcibly restrained her by grabbing her arm, hurting her, and telling her, "Iam not done talking to you." When Jane Doe 1told Santiago that he was hurting her arm, Santiago tightened his grip. Santiago informed Jane Doe 1 that

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 8 of 39
he would be working an overnight shift that evening and instructed her to meet him in the dayroom after the captain's rounds. She obeyed because she believed that she would be subject to physical and other retaliation if she did not acquiesce to Santiago's demands. That night, Santiago raped Jane Doe 1 for the first time. 28. From this time until Jane Doe 1I's release from RMSC in the summer of 2009, Santiago regularly and repeatedly raped Jane Doe 1. 29. During this period, Santiago regularly instructed Jane Doe 1 to meet him in the dayroom on evenings when he was working overtime. There are windows on one side of the dayroom, but people sitting or lying down beneath the windows cannot be seen from the adjoining dormitory. Upon information and belief, the dayroom was not monitored by security cameras. 30. RMSC captains made their rounds at the same time every evening, and only one correction officer-Santiago-was on duty in Dormitory 8 at night. This inadequate supervision made it easy for Santiago to rape Jane Doe 1 without being observed. 31. Jane Doe 1 met Santiago in the dayroom when instructed, believing she had no choice. Santiago frequently demanded that Jane Doe I perform oral sex on him and would then rape her. While raping Jane Doe 1, Santiago would often pull at her hair, grab her shoulders, and choke her. Often, Santiago tried to prevent Jane Doe 1 from getting to her feet after he raped her. Santiago regularly reiterated that Jane Doe 1 should not tell anyone about his abuse. As a result, Jane Doe 1 felt trapped and under constant threat of physical and other retaliation by Santiago. 32. From August 2009 to August 2011, Jane Doe 1 was incarcerated at RMSC for various periods of time. Because she was not assigned to his housing area, she had limited

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 9 of 39
interaction with Santiago, although he would approach Jane Doe 1 nearly every day during her recreation period and tell her that they should "hook up." Jane Doe 1 attempted to avoid Santiago, but to little avail. Once, another inmate confronted Santiago about what he was doing to Jane Doe 1, and Santiago asked if Jane Doe 1 had told other inates about him. Even though she had, Jane Doe 1 said she had not, because she was afraid that Santiago would retaliate against her for doing so.
Jane Doe 1 Returns to RJISC, and Santiago's Abuse Resumes 33. When Jane Doe 1 returned to RMvSC in September 2011, Santiago was angry with Jane Doe
1, telling her it was because she had not come to visit him while she was outside of Rikers, as he had instructed her to. Soon after Jane Doe I's return to RMSC, Santiago's pattern of raping and sexually abusing Jane Doe 1 resumed. 34. Beginning in September 2011, Santiago repeatedly located Jane Doe 1 during her recreation period and instructed her to meet him. Santiago frequently instructed Jane Doe 1 to complain of chest pains, so that she would be sent to the medical clinic. He ordered Jane Doe 1 to tell the clinic staff that her chest pains had stopped once she arrived at the clinic. Santiago would arrange to be near the clinic at the time Jane Doe I arrived, and would offer to escort her back to her housing area. Instead of returning Jane Doe 1 to her cell, however, Santiago would take her to the "sprungs," an area near the commissary in the visitors area, or a room located near the sprungs, and rape her. 35. The sprungs are outside the main RMSC building, and Santiago was able to rape Jane Doe 1 without detection in this area because he had a key to the gate to access the sprungs and knew when and where the captains would do their rounds.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 10 of 39
36. Jane Doe 1 was afraid that Santiago would retaliate against her if she resisted. She knew that. as a correction officer, he could easily find her at RMSC. and she would be unable to avoid him.
37. Santiago regularly and repeatedly raped Jane Doe 1 in this manner until late 2012. As before, Santiago was rough with Jane Doe 1, forcibly maneuvering her and hurting her as he raped her.
38. Frequently, when Jane Doe 1 started to walk away from him, Santiago would grab her arm and pull her back. When Santiago was aware that she spoke to, or even made eye contact with, other correction officers, he would get angiy and tell her that she would live at his house after being released from Rikers.
39. On several occasions, when Santiago was displeased by something Jane Doe 1 had done, he would punish her by anally raping her.
40. On at least one occasion, Santiago punished Jane Doe 1 for ceasing to perform oral sex on him by anally raping her.
41. In addition, Jane Doe I was concerned about sexually transmitted diseases and asked Santiago to use a condom. He refused, and continued to have sexual intercourse with her without a condom. After Jane Doe 1 requested that he use condom the first time, Santiago anally raped Jane Doe 1 as punishment. On at least one additional occasion, Santiago anally raped Jane Doe 1 again to punish her for requesting that he use a condom.
42. Following the incident described in the third sentence of paragraph 40, Santiago also said that he did not have time for condoms if Jane Doe 1 asked him to use one. Santiago Threatens Jane Doe 1I's Family

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 11 of 39
43. Santiago also forced Jane Doe I to give him her mother's address by telling Jane Doe 1 that he knew Jane Doe 1 needed money and that he would go and give her mother money to put in Jane Doe I 's commissary account. Jane Doe I eventually gave Santiago her mother's address because she was afraid he would retaliate against her if she did not. She also believed Santiago could obtain the address on his own in any event. Jane Doe 1 never asked Santiago for money.
44. In fact, Santiago then went to Jane Doe I's mother's house and gave Jane Doe I's mother money. He stated that he was a friend of Jane Doe I's, and did not disclose his real name or that he was a correction officer.
45. Jane Doe 1 feared for her nieces and her mother because she knew that Santiago had returned to her mother's house after his initial visit. On multiple occasions, Santiago implicitly threatened Jane Doe I's family in order to coerce Jane Doe I into obeying him. Santiago frequently told Jane Doe I that he had been "in the neighborhood," and would then describe to Jane Doe 1 how he had observed her family from his parked car. Santiago also told Jane Doe 1, "You know I know everything about you, right? So make sure you make the right decision."
46. Since being raped and sexually abused by Santiago, Jane Doe 1 has suffered and continues to suffer severe psychological and emotional distress.
Santiazo Rapes and Sexually Abuses Jane Doe 2 47. Santiago repeatedly raped and sexually abused Jane Doe 2 while she was detained at RMSC.
As explained more fully below, to keep Jane Doe 2 from resisting or reporting him, Santiago threatened to charge her with false disciplinary infractions and to cause other inmates to attack her.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 12 of 39
Santiago Starts Raping Jane Doe 2 48. Jane Doe 2 first entered detention at RMSC on December 1, 2012. 49. On or about February 13, 2013, Jane Doe 2 began working as a Suicide Prevention Aid
("SPA") in Building 9, a building housing women with mental health issues. As an SPA, Jane Doe 2 was responsible for patrolling the housing area and monitoring inmnates who were placed on suicide watch. 50. On or about the morning of February 14, 2013, Jane Doe 2 encountered Santiago for the first time as she was returning to Building 11I after her SPA duty in Building 9. At that time, Santiago was the steady officer assigned to the 11 p.m. to 7 a.m. shift in Building 11. He was usually on post four nights in a row, then off for two nights. 51. A few days after Jane Doe 2's initial encounter with Santiago, he began making inappropriate, lewd sexual comments, including that he liked her lips and would like to see them around his penis. Santiago then told Jane Doe 2 he would pay her for oral sex and arranged to meet her during an upcoming shift. 52. The next time Jane Doe 2 saw Santiago he asked her not to "tell on" him for soliciting oral sex. Jane Doe 2 confirmed she would not report Santiago because she believed that if she reported him nobody at RMSC or DOG would keep Santiago and other correction officers from retaliating against her.
The Februga 18 or 19. 2013 Sexual Abuse 53. On or about the evening of February 18 or 19, Santiago instructed Jane Doe 2 to leave her
SPA post and meet him in the pantry area connecting RMSC Buildings 9 and 11I after the 3:00 a.m. captain's rounds. 54. When Jane Doe 2 went to the pantry area as instructed, Santiago was waiting for her. He gave her several contraband items and then led her to a nearby empty cell with an inoperative
-12-

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 13 of 39
security camera. Santiago gave Jane Doe 2 some money, and told her to perform oral sex on him. Jane Doe 2 did so until he ejaculated. Afterwards, Santiago gave Jane Doe 2 a Bible study paper with his home address, home phone number, and e-mail address. 55. After this initial incident of abuse, Santiago repeatedly, and with impunity, raped and sexually abused Jane Doe 2. 56. From the end of February to the beginning of April, Santiago instructed Jane Doe 2 to meet him in the pantry between Buildings 9 and 11I on numerous occasions-in fact, nearly every night that he was on duty-where he would subject her to inappropriate sexual touching and other sexual abuse. Although Jane Doe 2 was assigned to work as an SPA from 2:00 p.m. to 10:00 p.m., Santiago instructed her to switch to his shift (11:00 p.m. to 7:00 a.m.). Later in March, Jane Doe 2 began working both her assigned shift and Santiago's shift. 57. The officers assigned to supervise the Building 9 SPAs, Correction Officer Rodriguez ("Rodriguez") and Correction Officer Harris ("Harris"), were aware of Santiago's abuse of Jane Doe 2. Although she was required to do her SPA rounds every fifteen minutes, Jane Doe 2 stopped doing her rounds almost entirely because she was spending most of her time with Santiago. 58. Rodriguez and Harris began to lock the pantry to try to prevent her from going to Building 11I to see Santiago. However, Santiago would simply unlock the pantry from the other side. On one occasion, Rodriguez told Jane Doe 2, "What you're doing isn't right," but on information and belief neither he nor Harris said anything to Santiago or reported Santiago's behavior to their supervisors. If they did say or do something, it was wholly ineffective.
-13-

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 14 of 39
The Marchi 20, 2013 Rape andSexualAbuse 59. On or about March 20, 2013, Santiago instructed Jane Doe 2 to meet him in the pantry area
between Buildings 9 and 11. After moving Jane Doe 2 to the area near the slop sink, which was not monitored by cameras, Santiago began to kiss Jane Doe 2's neck and chest. Jane Doe 2 told him to stop, but Santiago forced her to the nearby janitor's closet-yet another area in RMSC not monitored by security cameras. 60. After leading her inside the closet, Santiago unzipped his pants, exposed his penis, and ordered Jane Doe 2 to perform oral sex on him. After a few minutes, Santiago moved Jane Doe 2 into a position in which he could have intercourse with her and raped her. Jane Doe 2 was scared that if she tried to escape, Santiago would retaliate by reporting her for harassment, planting contraband in her room, or ordering other inmates to beat her up. 61. On or about March 30, 2013, Santiago gave Jane Doe 2 contraband items, including a pair of pink headphones and a pink Moleskine notebook. Jane Doe 2 transcribed Santiago's personal contact information into the notebook. 62. Other inmates and correction officers at RMSC, including Correction Officer 5, saw the contraband items Santiago gave Jane Doe 2. Because inmates at RMSC are not permitted to have headphones or other contraband, it is common knowledge among staff and inmates alike that inmates who have contraband and openly retain these items within the facility are being sexually abused by correction officers.
The April 20. 2013 Rape and Sexual Abuse 63. On or about April 20, 2013, Santiago instructed Jane Doe 2 to meet him in the pantry. When
Jane Doe 2 arrived, Santiago opened the door of the janitor's closet and motioned for her to enter. Jane Doe 2 refused, but Santiago continued to demand that she enter the janitor's
-14-

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 15 of 39
closet, telling her that they were "together" and that she was "supposed to have sex with [him] whenever [he] want[ed]." Santiago then physically pulled Jane Doe 2 into the closet. 64. Once inside the closet, Santiago forced Jane Doe 2 to perform oral sex on him. After a few minutes, Santiago again lifted Jane Doe 2 onto her feet and raped her.
The April 30. 2013 Rape and SexualAbuse 65. On or about April 30, 2013, Santiago flashed his light through the pantry that connected
Buildings 9 and 11I while both he and Jane Doe 2 were on duty, signaling that Jane Doe 2 was to meet him in the pantry. He gave Jane Doe 2 tobacco and an ecstasy pill and told her to go into the janitor's closet. 66. Jane Doe 2 refused, but Santiago threatened to report her for harassment and stalking if she did not comply, telling her, "Ican get you set up. I can get you fucked up," and warning her that no one would believe her if she tried to report him. 67. Fearful that Santiago would follow through on his threats, Jane Doe 2 followed Santiago into the closet where he demanded that she perform oral sex on him. After a few minutes, Santiago again raped Jane Doe 2.
The May 1. 2013 Sexual,4buse 68. On or about May 1, 2013, during Jane Doe 2's SPA rounds, Santiago again called her into
the janitor's closet and ordered Jane Doe 2 to perform oral sex on him. 69. Jane Doe 2 refused, but Santiago said, "Just do it. You know you want to anyway," and
threatened to report her for harassment if she did not comply. Crying, Jane Doe 2 followed Santiago into the closet, where he forced her to perform oral sex on him.
Correction Officers Retaliate Against JaneDoe 2 70. On or about May 7, 2013, Jane Doe 2 was caught with contraband items provided to her by
Santiago. Another inmate alerted Correction Officer Tyson that Jane Doe 2 had contraband -15-

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 16 of 39
during one of Jane Doe 2's shifts as an SPA worker, and when Tyson asked Jane Doe 2 if the contraband belonged to her, Jane Doe 2 admitted that it did. 71. Jane Doe 2 did not disclose that Santiago had given her the contraband because she was afraid that he would follow through on his threats to retaliate against her if she reported him. Significantly, Tyson, who was likely aware that Jane Doe 2 was being abused by Santiago, told Jane Doe 2 that "all she [Jane Doe 2] had to do was say the contraband belonged to her [the inmate who had reported Jane Doe 2]" and Tyson would not write Jane Doe 2 up for this infraction. Jane Doe 2 did not blame the other inmate, and was sentenced to fifteen days in punitive segregation for this infraction. 72. Although Jane Doe 2 did not tell anyone how she obtained the contraband, Santiago and other correction officers encouraged inmates to threaten and bully Jane Doe 2 because, on information and belief, they assumed Jane Doe 2 had reported Santiago. 73. For example, Santiago let certain inmates out of their cells one night when all inmates are supposed to be "locked in." The inmates then stood outside Jane Doe 2's cell and cursed at her and yelled at her for "snitching" on Santiago. Jane Doe 2 also learned female inmates and correction officers who were "close" to Santiago planned to physically attack Jane Doe 2. Jane Doe 2 was afraid for her life. 74. Staff and inmates openly ostracized and threatened to harm Jane Doe 2 for "snitching" on Santiago, even though she had not yet reported him. The correction officers and inmates in Building 11I refused to allow Jane Doe 2 out of her cell to perform basic functions such as eating or taking a shower. Despite Jane Doe 2's repeated pleas, Building 11I staff did not feed Jane Doe 2 for over twenty-four hours.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 17 of 39
75. The next day, on May 9, 2013, Jane Doe 2 told Correction Officer Anderson that she was suicidal, and DOG Captain Bristen escorted her to the Mental Health Department. When Captain Bristen let Jane Doe 2 out of her cell, seven or eight other inmates surrounded her, screaming obscenities and threatening to "fuck [her] up." A captain and several other correction officers were present while Jane Doe 2 was confronted by the other inmates, but did nothing in response.
76. At Mental Health, Jane Doe 2 broke down crying and told Linda Moro, a Mental Health clinician, about Santiago's sexual abuse. Ms. Moro told Jane Doe 2 that there was nothing she could do, and Jane Doe 2 was escorted back to Building 11I approximately two hours after she went to Mental Health. On the way back, an inmate friendly with Santiago approached and threatened Jane Doe 2.
77. Back in Building 11, a correction officer immediately locked Jane Doe 2 in her cell. Staff continued to deny her food and the opportunity to shower for the remainder of the day.
78. On May 10, 2013, after approximately forty-eight hours without food, and after being subjected to continued harassment by the Building 11I inmates, Jane Doe 2 told Captain Cox that she was suicidal, and again, she was escorted to Mental Health.
79. This time, Linda Moro, the Mental Health clinician Jane Doe 2 had seen the previous day, called the New York City Department of Investigation ("DOI"), Office of the Inspector General (the "IG' s Office"). Jane Doe 2 tearfully told a medical doctor, Marie Devezin, about Santiago's rapes and sexual abuse. Dr. Devezin examined her, but told her that she could not do anything about Santiago's sexual abuse.
80. Two inspectors from the IG's Office came to Mental Health to speak with Jane Doe 2. She told the agents about the rape and other sexual abuse that she had suffered at the hands of

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 18 of 39
Santiago over the previous months. Nevertheless, now, two years later, Jane Doe 2 has still not received a written determination of her complaint to DOI.
The May 2013 RetaliationAkainst Jane Doe 2 81. Shortly after speaking with the inspectors, Jane Doe 2 was moved from Building I11 into
Protective Custody in Building 8. Upon arriving in Building 8, Jane Doe 2 discovered that the correction officers there already knew she had reported Santiago's repeated rapes and other sexual abuse. 82. Correction officers called her a "snitch," and, although she was finally given a meal after more than forty-eight hours without food, they routinely refused to open her cell door to allow her out to eat. On several occasions, correction officers stood outside Jane Doe 2's cell and berated her, and multiple officers told Jane Doe 2 that she was "wrong" for reporting Santiago's abuse. Correction Officer Smalls asked Jane Doe 2 why she reported Santiago, and told her that all of the correction officers were angry with her. To her knowledge, The door to Jane Doe 2's cell was not monitored by security cameras. 83. The City failed to take any action to protect Jane Doe 2 from continued retaliation by Rikers correction officers. 84. On or about May 14, 2013, the IG's Office moved Jane Doe 2 to a facility in Orange County, New York. Inspectors Crystal and Young told her she was moved for her own protection.
The March and April2014 RetaliationAgainst JaneDoe 2 85. On or about March 26, 2014, Jane Doe 2 returned to Rikers for a Sex Offender Registration
Act ("SORA") hearing. Jane Doe 2 was originally placed in general population facilities; however, several days later, she was moved to punitive segregation, although she had not engaged in any wrongdoing.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 19 of 39
86. When Jane Doe 2 requested an explanation for her removal to punitive segregation, the escorting officer told her in a threatening tone that she should not have told anyone about Santiago's misconduct.
87. Jane Doe 2's attorneys at The Legal Aid Society ("Legal Aid") reported this incident to the IG's Office and the DOC General Counsel's Office. Jane Doe 2 also told her father, who reported the incident to the IG's Office as well. The IG's Office has never informed Jane Doe 2 of the action, if any, it took with respect to these reports.
88. On or about March 31, 2014, several correction officers standing outside her punitive segregation cell further harassed Jane Doe 2. These officers jeered at Jane Doe 2 and called her a "bitch" and a "snitch" for reporting Santiago. They also told Jane Doe 2 that she was "famous" among the correction officers at RMSC.
89. On or about April 1, 2014, Legal Aid reported the continued retaliation against Jane Doe 2. A captain was sent to investigate and questioned Jane Doe 2 about her report. The captain's superficial investigation was limited to a series of questions about what Jane Doe 2 had told her lawyer about the retaliation. The captain also forced Jane Doe 2 to sign a statement representing that she had not been harassed by any Rikers correction officers. Jane Doe 2 signed the statement out of fear of further mistreatment and retaliation, but because it was not true she did not sign her real name.
90. On or about April 2, 2014, Jane Doe 2 was twice denied access to legal calls that she requested in order to communicate with her Legal Aid attorney about the retaliation she was experiencing. Jane Doe 2 was denied legal calls by the same captain who had forced her to sign the statement the previous day.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 20 of 39
91. The City also failed to provide Jane Doe 2 mental health treatment during this time period, including denying her the prescription medication she should have been receiving. Santiago Causes Jane Doe 2 to Develop Post-Traumatic Stress Disorder and Contract a Sexually Transmitted Disease
92. A psychiatrist at Bedford Hills Correctional Facility diagnosed Jane Doe 2 with posttraumatic stress disorder ("PTSD") stemming from Santiago's rape and sexual abuse and the retaliation she suffered at the hands of Santiago and other correction officers. Jane Doe 2 continued to receive treatment for PTSD while she was detained at Albion Correctional Facility, where she was incarcerated to serve her sentence, and continues to receive therapy while on parole, following her early release from prison.
93. In addition to the physical harms she suffered from Santiago's rape and sexual abuse, including difficult sleeping, Jane Doe 2 has experienced symptoms of PTSD, depression, and anxiety, and has had flashbacks of the abuse and retaliation.
94. Prior to the first incident of Santiago's sexual abuse, Jane Doe 2 was concerned about contracting a sexually transmitted disease and asked Santiago to use a condom. He refused. Her fears were well-founded. Santiago gave Jane Doe 2 trichomoniasis, a sexually transmitted infection that causes greenish-yellow vaginal discharge with a strong odor, painful urination, and vaginal itching and irritation. Trichomoniasis may increase the risk of contracting or spreading other sexually transmitted infections, including HIV.
95. Jane Doe 2 did not test positive for STDs during her initial intake to RMSC, and she did not report any symptoms associated with trichomoniasis to doctors until June 3, 2013. Jane Doe 2's medical records reflect that she told doctors at RMSC and Orange County Jail that she was raped on or around May 2, 2013, which is consistent with the up to twenty-eight-day incubation period of trichomomasis. -20-

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 21 of 39
There is a Culture of Rape and Other Sexual Abuse of Women Incarcerated at Rikers 96. Rape and other sexual abuse of women is endemic at RMSC. Upon information and belief,
Jane Doe 1 and Jane Doe 2 are just two of the many women at RMS C who have been victimized by correction officers. 97. According to a survey conducted by the U.S. Department of Justice ("DOJ"), RMSC is one of the twelve worst jails in the country regarding staff sexual misconduct. 1 Nationwide, 3.2% ofjail inmates reported sexual victimization, but at RMVSC the rate was 8.6%, and sexual victimization rates were higher at RMSC than at the other Rikers jails in the survey. 2 RMSC also has the country's highest rate of non-violent staff sexual coercion of inates. 3 98. According to the DOJ Survey, approximately 5.9% of RMSC inmates reported sexual abuse
by staff.4
99. The City operates ten jails on Bikers Island, four houses of detention, court pens in the five boroughs, and two hospital wards and, in the past year, City facilities have held over 80,000 inmates, with an average daily population of over 11,000. 5 The RMSC population is
approximately 1,000 women at any given time.6
1Allen J. Beck et al., Bureau of Justice Statistics, U.S. Dep't of Justice, Sexual Victimization in Prisonsand Jails Reported by Inmates, 2011-12, at 13 (2013) (hereinafter the "DOJ Survey"), availableat http://www.bjs.gov/ content! pub/pdf/svpJril1 12.pdf.
'I.at 71. ' 1d. at 14. 4 1Id. at 13. 5 See New York City Department of Correction Facilities Overview, http://www.nyc.gov/html/doc/html/about/ facilities-over-view.shtml (last visited May 15, 2015). 6 See DOJ Survey, at 71.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 22 of 39
100. The vast majority of inmates are pretrial detainees, who remain in City custody for an average of fifty-four days, and only are incarcerated at Rikers because they are indigent and cannot afford modest or low bail.
101. Sexual abuse by staff in prisons and jails is a vastly unreported crime. 7 A report by the United States Attorney's Office for the Southern District of New York detailing the results of a recent Rikers investigation conducted pursuant to the Civil Rights of Institutionalized Persons Act, furthermore, expressed "concern that DOG may be under-reporting sexual assault allegations." 8 This under-reporting of staff-on-inmate sexual assault suggests that the numerous instances in which correctional staff at Rikers have been investigated and convicted of criminal sexual misconduct against inmates represent only a small fraction of the actionable sexual abuse that occurs at Rikers.
102. One reason sexual assault is rarely reported is due to the trauma and stigma associated with it. The fear and trauma is exacerbated for the more than 80% of women in custody who experienced sexual or physical assault before incarceration. 9 Because childhood abuse is often perpetrated by a friend or family member, many women experience intense confusion about abusive treatment. As a result, they may have problems setting appropriate boundaries
7 U.S. Dep't of Justice, Regulatory Impact Assessm'entfor PREA FinalRule, at 17-18 (May 17, 2012), availableat http://www.ojp.usdoj.gov/programs/Pdfs/prea -ria.pdf (concluding, based upon the DOJ Survey, that between 69 percent and 82 percent of inmates who reported sexual abuse in response to the survey stated that they had never reported an incident to corrections staff). 8 The U.S. Attorney's Office for the S.D.N.Y., CRIPA Investigationof the New York Departmentof CorrectionJails on Rikers Island (2014), available at http://genius.com/Preet-bharara-rikers-report-i-chaos-at-rikers-annotated (last visited May 15, 2015). 9 See, e.g., Angela Browne et aL., Prevalenceand Severity ofLifetime Physicaland Sexual Victimization Among IncarceratedWomen, 22 Int'l J.L. & Psychiatry 301, 310-22 (1999) (study of women in New York State's Bedford Hills Correctional Facility finding that a majority of the women studied had experienced physical or sexual abuse in their lifetime, 82% had been severely physically or sexually abused during childhood, and 75% had suffered serious physical violence by an intimate partner during adulthood).

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 23 of 39
and are more vulnerable to abuse, particularly by men in authority. Their apprehension about reporting sexual assault is heightened because their prior reports may have been ignored or caused the destruction of their families. 103. People who experienced prior abuse are more likely to be subject to abuse'10 and less likely to complain. Women may also mistakenly feel complicit in their sexual abuse, if, for example, they engaged in sexual conduct with an officer in exchange for protection or some other quid pro quo. In reality, however, an incarcerated woman has no practical way of saying "n. 104. In addition, victims of abuse do not come forward because they do not think they will be believed. They are correct.'11 Without physical proof, which is difficult to obtain, the reality is that the word of a correction officer will almost always be credited over that of an incarcerated woman. Repeated credible complaints lodged against an officer and indicia of misconduct are frequently ignored without physical proof. Even if the incarcerated woman has physical proof of the abuse, the officer may be permitted to continue guarding female inmates, often alone and at night. 105. Victims of sexual abuse are afraid of being disciplined for admitting to the sexual contact or for lying about it if they are not believed. Retaliation is a risk for all incarcerated individuals
1See, e.g., Cindy L. Rich et al., Child SexualAbuse andAdult Sexual Revictimization, in From ChildSexualAbuse to Adult Sexual Risk: Trauma, Revictimization, and Intervention 49 (Linda J. Koenig et al. eds., 2004) (review of nine studies investigating the relationship between childhood sexual abuse and subsequent sexual assault revealed consistent support for phenomenon of revictimization, with each study finding women with a history of childhood abuse two to three times more likely to experience adult sexual abuse compare with women who did not experience earlier abuse).
1Survey ofSexual Violence in Adult CorrectionalFacilities,2009-]] Statistical Tables, at 7-8 (2014), http://www.bjs.gov/content/pub/Pdf/ssvacfO9llst.pdf (In 2011 New York State, with a population of approximately 55,000, had 184 allegations of staff sexual misconduct and substantiated four. As to staff sexual harassment (which is defined as verbal harassment) New York had 24 allegations and substantiated two. With respect to inmate-oninmate sexual abuse, of 60 allegations of nonconsensual sexual acts, five were substantiated, while three of fourteen allegations of abusive sexual contact were substantiated.).
-23-

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 24 of 39
who complain about their treatment, but the likelihood of retaliation or intimidation is especially great in response to complaints about staff sexual abuse. 106. The sexual abuse experienced by Jane Doe 1 and Jane Doe 2 was a common occurrence at RMSC. Santiago himself has made sexual advances toward other women, and, upon information and belief, has abused multiple other women incarcerated at RMSC. Upon information and belief, Santiago targets vulnerable women who have a history of sexual abuse. Before raping Jane Doe 1 and Jane Doe 2, Santiago knew that each had a history of sexual exploitation. 107. Santiago's illegal and abusive behavior is common knowledge among the supervisors, officers, and inmates at RMSC, in part because his conduct is open and notorious. Santiago approached women during meals and free time, walked with them to sick call, and gave them contraband with which they were seen by Rikers staff and other inmates. 108. Upon information and belief, the City took no action in response to Santiago's abuse of Jane Doe 1, Jane Doe 2 or other women. Upon information and belief, Santiago is still employed by the City, works at Rikers, is still receiving his benefits and entitled to a pension, and has contact with Rikers inmates. Upon information and belief, no disciplinary action has been taken against him and he has not been prosecuted for his criminal conduct, even though the City has been on notice of this conduct since May 2013. 109. Nor is Santiago the only RMSC correction officer who has raped or otherwise sexually abused the women in his care. 110. Upon information and belief, at least seven other correction officers at RMSC, besides Santiago, have sexually abused incarcerated women.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 25 of 39
I111. Upon information and belief~, CorrectionOfficer 1 was caught abusing women multiple times and also impregnated a female detainee. Upon information and belief, this correction officer is still employed by the City, works at RMSC, and has continuing contact with women in custody.
112. Correction Officer 2 raped at least two women at RMSC and may have impregnated one of these women. He also touched multiple inmates in an unwelcome and inappropriate sexual manner in front of other inmates and officers. Upon information and belief, Correction Officer 2 was not disciplined for raping women in his custody and was employed by the City until he was terminated for smuggling marijuana into Rikers. Upon information and belief, Correction Officer 2 is currently serving a three-year sentence for this crime.
113. Correction Officer 3 raped at least one woman at RMSC and may have impregnated her. Upon information and belief, Correction Officer 3 abused numerous women by subjecting them to unwelcome sexual touching. Upon information and belief, this correction officer is still employed by the City, works at RMSC, and has continuing contact with women in custody.
114. Upon information and belief, Correction Officer 4 abused women through unwanted sexual touching. Upon information and belief, this correction officer is still employed by the City, works at RMSC, and has continuing contact with women in custody.
115. Upon information and belief, Correction Officer 5 had sexual intercourse with at least one incarcerated woman. Upon information and belief, this correction officer is still employed by the City, works at RMSC, and has continuing contact with women in custody.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 26 of 39
116. Upon information and belief, Correction Officer 6 has sexually abused several women. Upon information and belief, this correction officer is still employed by the City, works at RMSC, and has continuing contact with women in custody.
117. Upon information and belief, Correction Officer 7 masturbated while watching a woman sleep in her cell and ejaculated on the sheets of her bed. Upon information and belief, this correction officer is still employed by the City, works at RMSC, and has continuing contact with women in custody.
118. These officers' conduct was open and notorious-on at least one occasion, women in custody overheard a correction officer raping a woman in her cell. Another correction officer routinely raped women in the officers' station.
119. Correction Officers 2 and 3 each raped a woman in their custody, who became pregnant as a result and later suffered a miscarriage while in custody. That woman was subjected to retaliation and harassment by correction officers, including false reports of misbehavior and verbal harassment, such as being called "whore." Even though the inmate and her family complained to both the IG's Office and DOC, nothing was done to punish the officers who mistreated her or to protect her from fuirther abuse and retaliation.
120. Correction officers retaliate against women who resist their unwelcome sexual advances or .who the officers believe may report their sexual misconduct in various ways. At least one correction officer retaliated by imposing a term of punitive segregation on a woman and physically abusing her. Upon information and belief, correction officers have also paid inmates to beat up other inmates in retaliation for reporting officer misconduct.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 27 of 39
The City Is Deliberately Indifferent to Correction Officers' Sexual Abuse of Women in DC Custod 12 1. The City, which, through DOG, is responsible for the care, custody, and control of female
detainees and City-sentenced inmates, has, through its acts and omissions, facilitated the rape and sexual abuse of the women committed to its custody. 122. The City's failure to institute adequate safeguards in its hiring practices for correction officers demonstrates its deliberate indifference to the safety and well-being of women in its custody. In a January 2015 report, DOI found that over one-third of recently hired correction officers had significant warning signs in their backgrounds-including criminal histories of domestic violence and improper preexisting relationships with incarcerated individuals. 123. The City knows that correction officers subject women at RMSC to recurrent and ongoing acts of rape and other sexual abuse. These include forced sexual intercourse, oral sexual acts, sexual touching, public masturbation, demeaning sexual comments, and physical and verbal intimidation to deter women in custody from reporting such sexual abuse. 124. The City assigns male correction officers to guard women without adequate safeguards to prevent rape and other sexual abuse. Male correction officers are assigned to posts in which they have unmonitored contact and complete discretion and control over incarcerated women. For example, a single male correction officer is often assigned to dormitory areas during nighttime hours. 125. Correction officers who rape and sexually abuse incarcerated women routinely leave their assigned posts, allow the women into areas where they are not permitted, and engage in open and public behavior that is obviously suggestive of inappropriate personal relationships and sexual abuse. Officers provide certain women with contraband items, are seen walking armin-arm throughout the jail with certain women, and grant some women special privileges,
-27-

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 28 of 39
such as allowing them out of their cells when they should be locked in or permitting them to speak to those in punitive segregation. These behaviors are visible to staff and prisoners alike, so that it is known which correction officers are raping and sexually abusing which women. The City has failed to take action despite knowledge of these activities and has not enforced policies intended to identify, address, and prohibit sexual abuse of inates by correction officers. 126. The City permits correction officers virtually unfettered access to unmionitored areas such as kitchen store rooms, storage closets, and pantries where they can rape and sexually abuse women with minimal risk of detection. 127. The City has failed to ensure that security cameras are installed in these high risk areas and, where cameras are installed, has failed to ensure that they are functional. 128. The City has failed to employ obvious measures to reduce the risk of rape and sexual abuse of incarcerated women by correction officers, such as heightened monitoring of behavior indicative of ongoing sexual abuse, appropriately placed and functional surveillance cameras installed and maintained without staff knowledge, exit interviews of incarcerated women upon transfer or release, random interviews of staff, and more frequent, unannounced rounds by supervisory officials. 129. The City's system for the reporting and investigation of rape and sexual abuse is grossly inadequate. It relies almost entirely on incarcerated women reporting their own rape and sexual abuse and then fails to take appropriate action to protect those who do come forward or to punish their abusers. 130. The City has failed to train staff to take reports of rape and sexual abuse seriously and to give adequate weight to the credibility of inmate witnesses.
-28-

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 29 of 39
13 1. Pursuant to City policy and practice, incarcerated women who report rape and sexual abuse by correction officers are not protected from retaliation by correction officers and other inmates.
132. The City does not consistently investigate reports of rape or sexual abuse in a prompt or thorough manner, if at all. Once a woman reports that she has been raped or otherwise sexually abused, weeks can pass before an investigation begins. Regardless of what an investigation reveals, officers are rarely disciplined, and women are rarely informed of the outcome.
133. The City treats incarcerated women as adversaries rather than allies. In the case of Jane Doe 2, for example, the City not only failed to investigate her allegations against Santiago in a timely manner, it also stonewalled Jane Doe 2's attempts to obtain evidence that she provided to the City during the course of its investigation.
134. After reporting Santiago's abuse, Jane Doe 2 actively cooperated with the City. Immediately following her report in May 2013, she gave City investigators certain items of personal property as physical evidence of the sexual assault, including a pair of her jeans with Santiago's semen on them. She also made statements to City investigators detailing Santiago's abuse.
135. In September 2014, a year and a half after the City's investigation into Jane Doe 2's abuse began, Jane Doe 2 asked, through her attorneys, that the City provide copies of her statements to its investigators, pursuant to the City's obligations under New York's Freedom of Information Law ("FOIL"). Jane Doe 2 also requested that the City return her personal property. The City refused to provide her a single item or record, even in redacted formn.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 30 of 39
136. Further, the City failed adequately to explain why it refused Jane Doe 2's request. For example, the City initially stated that it could not provide the requested material because "[DOC] did not substantiate the allegations made by [Jane Doe 2] concerning a sexual relationship with a Correction Officer," indicating that it had concluded that Jane Doe 2's complaints had been fully investigated and rejected, nevertheless, the City inexplicably later claimed that it could not provide the material because the investigation it had previously concluded failed to substantiate abuse was, somehow, still "ongoing."
137. The City has also failed to list the specific records responsive to Jane Doe 2's request and the legal basis for withholding each, as it is obligated to do under FOIL.
138. These and other fundamental failings of City policy directly facilitated the rape and sexual abuse of Jane Doe 1, Jane Doe 2, and other women detained at Rikers. If the City truly intends to transform Rikers into an institution from which inmates do not leave "more broken than when they came in," it must first acknowledge its failure to protect these women and compensate them for the rape and other sexual abuse visited upon them by City employees. CLASS ACTION ALLEGATIONS
139. Jane Doe 1 and Jane Doe 2 bring this action on behalf of themselves and, for certain claims, as a class action under Rules 23(a), (b)(1) and b(2) of the Federal Rules of Civil Procedure on behalf of a class consisting of all women who are presently incarcerated and will be incarcerated at RMSC and who have been raped or sexually abused, or will be raped or sexually abused, by staff, while incarcerated there.
140. The class is sufficiently numerous, and the population of women at RMSC continually changes, rendering joinder of all members impracticable. Based on the DOJ Survey statistics, at any given time, upwards of fifty women at RMSC are experiencing or have
-30-

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 31 of 39
recently experienced rape or other sexual abuse by staff, and many more incidents likely go unreported. 141. The questions of law and fact presented by Jane Doe 1 and Jane Doe 2 are common to all members of the class, including, but not limited to, whether the City's policies, practices, acts and omissions cause women in its custody to be subject to a substantial and unreasonable risk and experience of rape and other sexual abuse by correctional facility staff. Questions of law and fact concerning these policies and practices include, but are not limited to:
a. Whether, despite knowledge that correction officers routinely rape and sexually abuse women in the City's custody, the City has failed to take action sufficient to protect the women in its custody from recurrent and ongoing acts of rape and other sexual abuse by correction officers, including forced sexual intercourse, oral sexual acts, sexual touching, public masturbation, and demeaning sexual comments;
b. Whether the City has failed to employ sufficient measures to reduce the risk of rape and other sexual abuse of women in its custody by correction officers, such as adequately heightened monitoring of behavior indicative of ongoing sexual abuse, appropriately placed and functional surveillance cameras installed and maintained without staff knowledge, exit interviews of incarcerated women upon transfer or release, random interviews of staff, and more frequent, unannounced rounds by supervisory officials;
c. Whether the City assigns male correction officers to guard women without adequate safeguards to prevent rape and other sexual abuse and otherwise permits

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 32 of 39
correction officers inappropriate access to unmonitored areas in jails where they can rape and sexually abuse women with minimal risk of detection; d. Whether the City has failed to take action to protect the women in its custody from physical and verbal intimidation by staff that deters incarcerated women from reporting sexual abuse; e. Whether the City's hiring practices have failed to provide adequate safeguards to minimize the risk of staff-on-inmate sexual assault; f, Whether the City's system for the reporting and investigation of rape and sexual abuse, which relies almost entirely on incarcerated women reporting their own rape and sexual abuse, is adequate; g. Whether the City has failed to consistently and adequately investigate reports of rape or sexual abuse in a prompt or thorough manner; h. Whether the City has failed to appropriately discipline and terminate correction officers found to have subjected women to rape or other sexual abuse; i. Whether the City's policy and practice has failed to protect those who report rape and other sexual abuse by correction officers from retaliation by correction officers and other inmates; j. Whether the above-enumerated and other failings of City policy directly facilitated the rape and sexual abuse of women detained at Rikers. 142. The violations suffered by Jane Doe 1 and Jane Doe 2 as a result of the City's policies and practices are typical of those suffered by the class. The class will benefit from the injunctive and declaratory relief sought.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 33 of 39
143. Jane Doe I and Jane Doe 2 will fairly and adequately protect the interests of the class. Jane Doe 1 and Jane Doe 2's interests are aligned with, and not antagonistic to, those of the other members of the class, and Plaintiffs have retained counsel competent and experienced in civil rights and class action litigation.
144. Prosecuting separate actions by individual class members would create a risk of (a) inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the City, and/or (b) adjudications with respect to individual class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their individual interests.
145. The City has acted, and refused to act, on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as whole. CLAIM ON BEHALF OF THE PLAINTIFF CLASS COUNT I (CLASS DUE PROCESS CLAIM AGAINST THE CITY)
146. Plaintiffs repeat and reallege each of the allegations contained in paragraphs 1 through 145 with the same force and effect as if fully set forth herein.
147. By its policies, practices, acts, and omissions, the City has caused the plaintiff class of incarcerated women to be subjected to rape and other sexual abuse, in violation of their due process rights under the Fourteenth Amendment to the United States Constitution.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 34 of 39
CLAIMS ON BEHALF OF NAMED PLAINTIFFS COUNT 11
(JANE DOE 1'S DUE PROCESS CLAIM AGAINST SANTIAGO) 148. Jane Doe 1 repeats and realleges each of the allegations contained in paragraphs 1 through
138 with the same force and effect as if fully set forth herein. 149. At all relevant times, Santiago was acting in his capacity as a correction officer employed by
the City. 150. At all relevant times, Santiago was acting under color of state law. 151. Santiago raped and sexually abused Jane Doe 1 as detailed herein. 152. As a result of the abuse, Jane Doe 1 suffered severe physical harm and suffered and
continues to suffer psychological and emotional distress. 153. By virtue of his rape and sexual abuse, Santiago deprived Jane Doe 1 of her due process
rights under the Fourteenth Amendment to the United States Constitution.
COUNT III (JANE DOE 2'S DUE PROCESS CLAIM AGAINST SANTIAGO) 154. Jane Doe 2 repeats and realleges each of the allegations contained in paragraphs 1 through 138 with the same force and effect as if fully set forth herein. 155. At all relevant times, Santiago was acting in his capacity as a correction officer employed by the City. 156. At all relevant times, Santiago was acting under color of state law. 157. Santiago raped and sexually abused Jane Doe 2 by coercing and threatening her to force her to perform sexual acts, including oral sex and intercourse, as detailed herein. 158. As a result of the rape and sexual abuse, Jane Doe 2 suffered severe physical harm and suffered and continues to suffer psychological and emotional distress, including PTSD. She
-34-

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 35 of 39
continues to experience depression and anxiety, has difficulty sleeping, and has had flashbacks of the rapes and sexual abuse. Jane Doe 2 also contracted trichomoniasis due to Santiago's rape of her. 159. By virtue of his rape and sexual abuse of Jane Doe 2, Santiago deprived her of her due process rights under the Fourteenth Amendment to the United States Constitution.
COUNT IV (JANE DOE 21S CLAIM AGAINST SANTIAGO FOR RETALIATION) 160. Jane Doe 2 repeats and realleges, each of the allegations contained in paragraphs 1 through 138 with the same force and effect as if fully set forth herein. 161. Santiago retaliated against Jane Doe 2 for reporting his rape and sexual abuse. 162. As a result of the retaliation, Jane Doe 2 suffered severe physical, psychological, and emotional distress, including PTSD. She contracted trichomoniasis because Santiago raped her, continues to experience depression and anxiety, has difficulty sleeping, and has had flashbacks of the rapes and sexual abuse. 163. By virtue of his retaliation against Jane Doe 2 for her reports of his sexual abuse, Santiago deprived her of her right to the freedom of speech in violation of her rights under the First and Fourteenth Amendments to the United States Constitution.
COUNT V (JANE DOE 1'S INDIVIDUAL DUE PROCESS CLAIM AGAINST THE CITY) 164. Jane Doe 1repeats and realleges each of the allegations contained in paragraphs 1through 138 with the same force and effect as if fully set forth herein.
-35-

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 36 of 39
165. By its policies, practices, acts, and omissions, the City has caused Jane Doe 1 to be subjected to rape and other sexual abuse, in violation of her due process rights under the Fourteenth Amendment to the United States Constitution. COUNT VI (JANE DOE 2'S INDIVIDUAL DUE PROCESS CLAIM AGAINST THE CITY)
166. Jane Doe 2 repeats and realleges each of the allegations contained in paragraphs 1 through 138 with the same force and effect as if fully set forth herein.
167. By its policies, practices, acts, and omissions, the City has caused Jane Doe 2 to be subjected to rape and other sexual abuse, in violation of her due process rights under the Fourteenth Amendment to the United States Constitution. COUNT VII (JANE DOE 2'S CLAIM AGAINST THE CITY FOR RETALIATION)
168. Jane Doe 2 repeats and realleges each of the allegations contained in paragraphs 1 through 138 with the same force and effect as if fully set forth herein.
169. The City, through its policies, practices, acts and omissions, caused Jane Doe 2 to be subjected to retaliation for reporting rape and sexual abuse, in violation of her rights under the First and Fourteenth Amendments to the United States Constitution.

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 37 of 39
PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request the following relief: A. A declaration that the policies, practices, actions, and omissions of the City, as described above, violated the class members' rights under the Fourteenth Amendment to the United States Constitution. B. An injunction requiring the City and its agents and employees to take all steps necessary to prevent women in its custody at RMSC from being unlawfully subjected to rape and sexual abuse and requiring the City to formulate a comprehensive plan to remedy the pattern of sexual abuse at RMSC. Such a plan should include, but not be limited to, the following measures: implementing policies to remedy continuing deficiencies in the assignment, selection, promotion, training, and supervision of correction officers; conducting unannounced supervisory rounds, including rounds at unpredictable and varied times and with additional scrutiny paid to isolated areas; captains making rounds to each housing area that is under his or her supervision at least twice per shift, during day and night shifts; ordering staff to not alert other staff that supervisory rounds are being conducted and serious disciplining of staff who violate such orders; heightened monitoring of officers who are suspected of engaging in sexual abuse; installing and properly maintaining digital cameras that have video and sound recording in isolated locations where sexual abuse is more likely to occur, such as storage closets, laundry rooms, slop sink areas, and loading docks; preserving digital and camera tapes for at least six months, or three years if a complaint is made; developing staff plans that provide adequate levels of staffing to prevent sexual abuse; conducting searches of all correctional staff on entry to RMSC to deter them from taking in condoms, contraband, and other materials used to facilitate the sexual abuse of incarcerated women; remedying continuing deficiencies in the City's

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 38 of 39
complaint and investigatory practices, including ordering upper-level management to conduct reviews of sexual abuse incidents within thirty days of every sexual abuse investigation, with input from line supervisors and medical or mental health practitioners; explicitly ordering staff of their duty to report warning signs of abuse; and providing mental health and medical treatment to women who have suffered sexual abuse.
C. An order entering judgment for Jane Doe 1 and Jane Doe 2 and against Defendants on each of their claims for relief;
D. Awards to Jane Doe 1 and Jane Doe 2 for compensatory damages against all Defendants, jointly and severally, for their violation of the First and Fourteenth Amendment rights of Jane Doe I and Jane Doe 2, the amount to be determined at trial;
E. Awards to Jane Doe 1 and Jane Doe 2 of punitive damages against Santiago on the basis of his conscious, criminal wrongdoing and callous indifference to the constitutional rights and welfare of Jane Doe I and Jane Doe 2, the amount to be determined at trial;
F. Awards to all Plaintiffs of the costs of this action, including reasonable attorneys' fees;
G. Preclusion of Santiago from serving in the capacity of correction officer; and

Case 1:15-cv-03849-AKH Document 1 Filed 05/19/15 Page 39 of 39

H. Such further relief as this Court deems just and proper.

Dated: New York, New York May 19, 2015

CLEARY GOTTLIEB STEEN & HAMILTON LLP
By: 6MA A1Z-t4.
Mitchell A. Lowenthal mlowenthal@cgsh. corn
One Liberty Plaza New York, New York 10006 Tel: (212) 225-2000 Fax: (212) 225-3999

THE LEGAL AID SOCIETY
By: U-
William D. Gibney wdgibey~legal-aidorg Marlen S. Bodden rnbodden~legal-aid.org Barbara P. Hamilton bphamilton~legal-aidorg
199 Water Street, et Floor New York, New York 10038 Tel: (212) 577-3300
A4ttorneys for Plaintiffs

-39-

 
 Case 1:15-cv-03849-AKH Document 62 Filed 01/05/16 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------- x

JANE DOE 1 and JANE DOE 2, on behalf of themselves and all similarly situated women,

SUMMARY ORDER DENYING MOTION FOR CLASS CERTIFICATION

Plaintiffs,

15 Civ. 3849 (AKH)

-against-

THE CITY OF NEW YORK and BENNY SANTIAGO,

Defendants.
--------------------------------------------------------------- x
ALVIN K. HELLERSTEIN, U.S.D.J.: On May 19, 2015 plaintiffs filed their complaint against the City of New York
and Corrections Officer Benny Santiago, alleging claims for relief for the two individual plaintiffs, Jane Doe 1 and Jane Doe 2, as well as a class of similarly situated individuals. On October 9, 2015, plaintiffs moved to certify a class of all women presently incarcerated and who will be incarcerated at the Rose M. Singer Center (RMSC) at Rikers Island, and who have been or will be raped or sexually abused by staff while incarcerated there. The City opposed certification. I heard oral arguments on January 4, 2016. The motion to certify a class is denied .
For the reasons stated in detail on the record, I find that the class is not sufficiently ascertainable as proposed, and that the named plaintiffs, who also seek monetary damages, lack typicality and commonality in their claims, and would not adequately represent the interests of the class. Fed. R. Civ. P. 23(a). I am further concerned that allowing this lawsuit to proceed as a class action will delay the adjudication of the serious and troubling allegations in
1

Case 1:15-cv-03849-AKH Document 62 Filed 01/05/16 Page 2 of 2

the Complaint, and have concerns that unidentifiable future victims could be precluded from suing for damages for rape, because of their membership in this class, even where they never had an option to opt out.
The claims of the individual plaintiffs survive, both for monetary and equitable relief. The parties shall appear for a status conference to determine the course of the proceedings going forward, on January 15, 2016, at 10:45 A.M.

Dated:

SO ORDERED.
New York, New York Jan. 5,2016

ALVIN K. HELLERSTEIN United States District Judge

2

 
 Case 1:15-cv-03849-AKH

Document 397

l

Filed 05/26/1r7r==P=a;:=g:e::=1=o=f=2==:;;;;;;;;:;::::!'F;'f·. i'-

USDC SD:"Y

I 0.

.1JOCt;,ML'\T .F;LEC'J'"1f' ' T(" \ ! '

i ! ! I· I>

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------------------------x

JANE DOE 1 and JANE DOE 2,

Plaintiffs,

STIPULATION AND ORDER OF DISMISSAL

-against-

15-CV-3849 (AKH)

THE CITY OF NEW YORK, et al.,

Defendants.

---------------7------~----------------------------------------------------)(

WHEREAS, plaintiffs Jane Doe 1 and Jane Doe 2 and the City have reached a settlement agreement and now desire to resolve the remaining issues raised in this litigation as between them, without further proceedings and without admitting any fault or liability;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that
1. The above-referenced action is hereby dismissed as against the City only, with prejudice; and
2. Notwithstanding the dismissal of plaintiffs' claims against the City in accordance with this agreement, and those certain stipulations of settlement (the "Settlement Stipulations") between Jane Doe 1, on the one hand, and the City, on the other; between Jane Doe 2, on the one hand, and the City, on the other; and between counsel for plaintiffs, on the one hand, and the City, on the other, the District Court shall continue to maintain jurisdiction over this action for the purpose of enforcing th~ terms of the Settlement Stipulations.

Case 1:15-cv-03849-AKH Document 397 Filed 05/26/17 Page 2 of 2

Dated: New York, New York

L~ I I

,2017

CLEARY GOTTLIEB STEEN & HAMILTON LLP Attorneys for Plaintiff One Liberty Plaza New York, NY 10006 212-225-2000
By:

ZACHARY W. CARTER Corporation Counsel ofthe
City of New York Attorney for Defendant City ofNew York 100 Church Street, 3rd Floor New York, New York 10007
By:

SO ORDERED:
{l}_ kY.I~~
HON. ALVINK. HELLERSTEIN UNITED STATES DISTRICT JUDGE
Dated: fl/lv.'J- 1.io, 2017

2

 
 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:15−cv−03849−AKH

CLOSED,ECF

Jane Doe 1 et al v. The City of New York et al Assigned to: Judge Alvin K. Hellerstein Cause: 42:1983 Prisoner Civil Rights
Plaintiff Jane Doe 1 on behalf of themselves and all similarly situated women

Date Filed: 05/19/2015 Date Terminated: 05/08/2017 Jury Demand: Both Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
represented by Mitchell A. Lowenthal Cleary Gottlieb One Liberty Plaza New York, NY 10006 212−225−2000 Fax: 212−225−3499 Email: mlowenthal@cgsh.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Donald Gibney , Sr The Legal Aid Society 199 Water Street New York, NY 08816 (212)−577−3419 Fax: (212)−509−8481 Email: wdgibney@legal−aid.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barbara Patricia Hamilton The Legal Aid Society 199 Water Street New York, NY 10038 (212)−577−3391 Fax: (212)−509−8481 Email: bphamilton@legal−aid.org ATTORNEY TO BE NOTICED
Danielle Posen Mindlin Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, NY 10006 (212) 225−2000 Fax: (212) 225−3999 Email: dmindlin@cgsh.com ATTORNEY TO BE NOTICED
James L. Bromley Sullivan & Cromwell LLP 125 Broad St. New York, NY 10004 212−558−4923 Email: maofiling@cgsh.com (Inactive) ATTORNEY TO BE NOTICED
Josh Edward Anderson Cleary, Gottlieb, Steen & Hamilton LLP 1 Liberty Plaza New Yrok, NY 10006 (212)−225−2044

Plaintiff Jane Doe 2 on behalf of themselves and all similarly situated women
V. Defendant The City of New York TERMINATED: 05/26/2017

Fax: (212)−225−3999 Email: jeanderson@cgsh.com ATTORNEY TO BE NOTICED
Marlen Suyapa Bodden The Legal Aid Society, Civil Division 199 Water Street New York, NY 10038 (212)−577−3287 Fax: (212)−509−8761 Email: mbodden@legal−aid.org ATTORNEY TO BE NOTICED
represented by Mitchell A. Lowenthal (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Donald Gibney , Sr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barbara Patricia Hamilton (See above for address) ATTORNEY TO BE NOTICED
Danielle Posen Mindlin (See above for address) ATTORNEY TO BE NOTICED
James L. Bromley (See above for address) ATTORNEY TO BE NOTICED
Josh Edward Anderson (See above for address) ATTORNEY TO BE NOTICED
Marlen Suyapa Bodden (See above for address) ATTORNEY TO BE NOTICED
represented by Kimberly Joyce New York City Law Department 100 Church Street Rm. 2−303B New York, NY 10007 (212) 356−2650 Fax: (212) 788−9776 Email: ksavino@law.nyc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anthony Matthew Disenso New York City Law Department 100 Church Street New York, NY 10007 (212) 442−6618

Defendant Benny Santiago TERMINATED: 05/25/2017
Interested Party The Moss Group, Inc.

Fax: (212) 788−9776 Email: adisenso@law.nyc.gov ATTORNEY TO BE NOTICED
Arthur Gabriel Larkin , III The New York City Law Department 100 Church Street New York, NY 10007 (212)−788−1599 Fax: (212)−788−9776 Email: alarkin@ahalelaw.com ATTORNEY TO BE NOTICED
Peter William Brocker NYC Law Department 100 Church Street Room 3−212 New York, NY 10007 212−356−2332 Fax: 212−356−3509 Email: pbrocker@law.nyc.gov ATTORNEY TO BE NOTICED
Ryan Budhu New York City Law Department 100 Church Street New York, NY 10007 (212) 356−4014 Email: rbudhu@law.nyc.gov TERMINATED: 04/17/2017
represented by Joey Jackson Koehler & Isaacs, LLP 61 Broadway New York, NY 10006 (917)551−1300 x1310 Fax: 2127914115 Email: JJackson@Koehler−Isaacs.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie Ann Ortiz Koehler & Isaacs, LLP 61 Broadway, Ste. 2500 New York, NY 10006 917−551−1300 Fax: 917−551−0030 Email: jortiz@law.nyc.gov TERMINATED: 12/06/2016
Liam Louis Castro Koehler & Isaacs, LLP 61 Broadway New York, NY 10006 917−551−1300 x 1333 Fax: 917−551−0030 Email: lcastro@koehler−isaacs.com ATTORNEY TO BE NOTICED
represented by Barry Coburn Coburn & Greenbaum PLLC 1710 Rhode Island Avenue, Northwest Washington, DC 20036

Cross Claimant
Benny Santiago TERMINATED: 05/25/2017

(202)−643−9472 Email: barry@coburngreenbaum.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joey Jackson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie Ann Ortiz (See above for address) TERMINATED: 12/06/2016
Liam Louis Castro (See above for address) ATTORNEY TO BE NOTICED

V.
Cross Defendant
The City of New York TERMINATED: 05/26/2017

represented by Kimberly Joyce (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anthony Matthew Disenso (See above for address) ATTORNEY TO BE NOTICED
Arthur Gabriel Larkin , III (See above for address) ATTORNEY TO BE NOTICED
Peter William Brocker (See above for address) ATTORNEY TO BE NOTICED

Date Filed 05/19/2015
05/19/2015 05/19/2015 05/19/2015 05/19/2015 05/20/2015
05/21/2015 05/27/2015

# Docket Text
1 COMPLAINT against Benny Santiago, The City of New York. (Filing Fee $ 350.00, Receipt Number 465401125691)Document filed by Jane Doe 2, Jane Doe 1.(rdz) (mps). (Entered: 05/20/2015)
SUMMONS ISSUED as to Benny Santiago, The City of New York. (rdz) (Entered: 05/20/2015)
Magistrate Judge Kevin Nathaniel Fox is so designated. (rdz) (Entered: 05/20/2015)
Case Designated ECF. (rdz) (Entered: 05/20/2015)
2 CIVIL COVER SHEET filed. (rdz) (mps). (Entered: 05/20/2015)
3 AFFIDAVIT OF SERVICE of Summons and Complaint. The City of New York served on 5/19/2015, answer due 6/9/2015. Service was accepted by The City of New York Law Department, by Betty Mazyck, Service Window Clerk. Document filed by Jane Doe 2; Jane Doe 1. (Lowenthal, Mitchell) (Entered: 05/20/2015)
4 NOTICE OF APPEARANCE by Marlen Suyapa Bodden on behalf of Jane Doe 1. (Bodden, Marlen) (Entered: 05/21/2015)
5 AFFIDAVIT OF SERVICE of Summons and Complaint. Benny Santiago served on 5/26/2015, answer due 6/16/2015. Service was accepted by Jazmin Santiago, served in

06/05/2015 06/05/2015
06/08/2015
06/09/2015
06/09/2015 06/19/2015 06/29/2015 06/29/2015 06/30/2015
07/01/2015 07/02/2015
07/16/2015 07/17/2015 07/17/2015 07/20/2015 07/20/2015

person, a person of suitable age and discretion, on May 23, 2015 and an additional service upon defendant was made by FIRST CLASS MAIL on May 26, 2015. Document filed by Jane Doe 2; Jane Doe 1. (Lowenthal, Mitchell) (Entered: 05/27/2015)
6 NOTICE OF APPEARANCE by Danielle Posen Mindlin on behalf of Jane Doe 1, Jane Doe 2. (Mindlin, Danielle) (Entered: 06/05/2015)
7 FIRST LETTER MOTION for Extension of Time to File Answer or otherwise respond to the complaint addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated June 5, 2015. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 06/05/2015)
8 LETTER addressed to Judge Alvin K. Hellerstein from Danielle P. Mindlin dated June 8, 2015 re: in response to defendant the City of New York's June 6th letter concerning its time to respond to Plaintiffs complaint, etc.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1 and 2)(Mindlin, Danielle) (Entered: 06/08/2015)
9 ORDER granting in part 7 Letter Motion for Extension of Time to Answer re 1 Complaint. A status conf. will be held July 10, 2015, 10:30 a.m. Time of def's to plead is enlarged until then, and as much further time as I then may order. The City of New York answer due 7/10/2015. (Signed by Judge Alvin K. Hellerstein on 6/9/2015) (kko) Modified on 6/12/2015 (kko). (Entered: 06/09/2015)
Set/Reset Hearings: Status Conference set for 7/10/2015 at 10:30 AM before Judge Alvin K. Hellerstein. (kko) (Entered: 06/09/2015)
10 NOTICE OF APPEARANCE by Barbara Patricia Hamilton on behalf of Jane Doe 1, Jane Doe 2. (Hamilton, Barbara) (Entered: 06/19/2015)
11 NOTICE OF APPEARANCE by Julie Ann Ortiz on behalf of Benny Santiago. (Ortiz, Julie) (Entered: 06/29/2015)
12 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Alvin K. Hellerstein from Julie A. Ortiz dated June 29, 2015. Document filed by Benny Santiago.(Ortiz, Julie) (Entered: 06/29/2015)
13 LETTER addressed to Judge Alvin K. Hellerstein from Danielle P. Mindlin dated June 30, 2015 re: in response to the letter filed June 29, 2015 by Defendant Benny Santiago concerning his time to respond to Plaintiffs' Complaint. Document filed by Jane Doe 1, Jane Doe 2.(Mindlin, Danielle) (Entered: 06/30/2015)
14 LETTER addressed to Judge Alvin K. Hellerstein from Julie A. Ortiz dated July 1, 2015 re: Response to Plaintiffs' Letter dated June 30, 2015. Document filed by Benny Santiago.(Ortiz, Julie) (Entered: 07/01/2015)
15 ORDER granting 12 Letter Motion for Extension of Time to Answer: The time of all def'ts to Answer is enlarged to July 17, 2015. The status conference set for July 10, 2015 is postponed to July 24, 2015, at 10:00 a.m. Counsel shall present at the conf. a discovery plan. All required disclosures shall have been produced before the conference. Benny Santiago answer due 7/17/2015; The City of New York answer due 7/17/2015. (Signed by Judge Alvin K. Hellerstein on 7/2/2015) (tn) (Entered: 07/02/2015)
16 NOTICE OF APPEARANCE by Josh Edward Anderson on behalf of Jane Doe 1, Jane Doe 2. (Anderson, Josh) (Entered: 07/16/2015)
17 ANSWER to 1 Complaint with JURY DEMAND. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 07/17/2015)
18 ANSWER to 1 Complaint., CROSSCLAIM against The City of New York. Document filed by Benny Santiago.(Ortiz, Julie) (Entered: 07/17/2015)
19 JOINT MOTION for Protective Order . Document filed by Jane Doe 1, Jane Doe 2, Benny Santiago, The City of New York.(Lowenthal, Mitchell) (Entered: 07/20/2015)
20 DECLARATION of Danielle P. Mindlin, dated July 20, 2015 in Support re: 19 JOINT MOTION for Protective Order .. Document filed by Jane Doe 1, Jane Doe 2, Benny Santiago, The City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3

07/20/2015 07/28/2015 07/30/2015 07/30/2015
07/30/2015
08/20/2015 10/09/2015 10/09/2015 10/09/2015 10/09/2015 10/09/2015 10/09/2015 10/09/2015 10/23/2015 11/04/2015 11/23/2015

Exhibit 3)(Lowenthal, Mitchell) (Entered: 07/20/2015)
21 MEMORANDUM OF LAW in Support re: 19 JOINT MOTION for Protective Order . . Document filed by Jane Doe 1, Jane Doe 2, Benny Santiago, The City of New York. (Lowenthal, Mitchell) (Entered: 07/20/2015)
22 ANSWER to 18 Crossclaim. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 07/28/2015)
23 SEALED DOCUMENT placed in vault.(mps) (Entered: 07/30/2015)
24 PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... Motions terminated: 19 JOINT MOTION for Protective Order filed by The City of New York, Benny Santiago, Jane Doe 1, Jane Doe 2. (Signed by Judge Alvin K. Hellerstein on 7/30/2015) (kko) (Entered: 07/30/2015)
25 CIVIL CASE MANAGEMENT PLAN: After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure. The case is to be tried to a jury. Amended Pleadings due by 4/1/2016. Joinder of Parties due by 4/1/2016. Deposition due by 7/1/2016. Non−Expert Discovery due by 7/1/2016. Case Management Conference set for 7/14/2016 at 10:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 7/30/2015) (kko) Modified on 7/30/2015 (kko). (Entered: 07/30/2015)
26 SEALED DOCUMENT placed in vault.(rz) (Entered: 08/20/2015)
27 MOTION to Certify Class and Appoint Class Counsel. Document filed by Jane Doe 1.(Lowenthal, Mitchell) (Entered: 10/09/2015)
28 MEMORANDUM OF LAW in Support re: 27 MOTION to Certify Class and Appoint Class Counsel. . Document filed by Jane Doe 1. (Lowenthal, Mitchell) (Entered: 10/09/2015)
29 DECLARATION of Jane Doe 1, dated October 9, 2015, in Support re: 27 MOTION to Certify Class and Appoint Class Counsel.. Document filed by Jane Doe 1. (Lowenthal, Mitchell) (Entered: 10/09/2015)
30 DECLARATION of Jane Doe 2, dated October 6, 2015, in Support re: 27 MOTION to Certify Class and Appoint Class Counsel.. Document filed by Jane Doe 1. (Lowenthal, Mitchell) (Entered: 10/09/2015)
31 DECLARATION of Marlen S. Bodden, dated October 5, 2015, in Support re: 27 MOTION to Certify Class and Appoint Class Counsel.. Document filed by Jane Doe 1. (Lowenthal, Mitchell) (Entered: 10/09/2015)
32 DECLARATION of Letitia James, Public Advocate for the City of New York in Support re: 27 MOTION to Certify Class and Appoint Class Counsel.. Document filed by Jane Doe 1. (Attachments: # 1 Exhibits 1−5)(Lowenthal, Mitchell) (Entered: 10/09/2015)
33 DECLARATION of Danielle P. Mindlin, dated October 9, 2015, in Support re: 27 MOTION to Certify Class and Appoint Class Counsel.. Document filed by Jane Doe 1. (Attachments: # 1 Exhibit 6, # 2 Exhibits 7−8)(Lowenthal, Mitchell) (Entered: 10/09/2015)
34 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Certify Class and Appoint Class Counsel. on Consent addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated October 23, 2015. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 10/23/2015)
35 ORDER granting 34 Letter Motion for Extension of Time to File Response/Reply re 27 MOTION to Certify Class and Appoint Class Counsel: So Ordered. Responses due by 11/23/2015. (Signed by Judge Alvin K. Hellerstein on 11/4/2015) (tn) (Entered: 11/04/2015)
36 DECLARATION of Kimberly M. Joyce in Opposition re: 27 MOTION to Certify Class and Appoint Class Counsel.. Document filed by The City of New York.

11/23/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 11/24/2015 12/01/2015 12/01/2015 12/01/2015 12/01/2015
12/02/2015
12/02/2015

(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Joyce, Kimberly) (Entered: 11/23/2015)
37 MEMORANDUM OF LAW in Opposition re: 27 MOTION to Certify Class and Appoint Class Counsel. . Document filed by The City of New York. (Joyce, Kimberly) (Entered: 11/23/2015)
38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015. Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) (Entered: 11/24/2015)
39 DECLARATION of Josh E. Anderson, dated November 23, 2015 in Support re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1−5 [REDACTED])(Lowenthal, Mitchell) (Entered: 11/24/2015)
40 MEMORANDUM OF LAW in Support re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015. . Document filed by Jane Doe 1, Jane Doe 2. (Lowenthal, Mitchell) (Entered: 11/24/2015)
41 MOTION to Seal Document /Notice of Motion to Seal Exhibit 5 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the Production of Documents Relating to Class Certification, dated November 23, 2015. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Text of Proposed Order)(Lowenthal, Mitchell) (Entered: 11/24/2015)
42 MEMORANDUM OF LAW in Support re: 41 MOTION to Seal Document /Notice of Motion to Seal Exhibit 5 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the Production of Documents Relating to Class Certification, dated November 23, 2015. . Document filed by Jane Doe 1, Jane Doe 2. (Lowenthal, Mitchell) (Entered: 11/24/2015)
43 MEMORANDUM OF LAW in Opposition re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015. . Document filed by The City of New York. (Joyce, Kimberly) (Entered: 12/01/2015)
44 DECLARATION of Sean Cussen in Opposition re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015.. Document filed by The City of New York. (Joyce, Kimberly) (Entered: 12/01/2015)
45 DECLARATION of Jennifer Sculco in Opposition re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015.. Document filed by The City of New York. (Joyce, Kimberly) (Entered: 12/01/2015)
46 LETTER RESPONSE to Motion addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated December 1, 2015 re: 41 MOTION to Seal Document /Notice of Motion to Seal Exhibit 5 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the Production of Documents Relating to Class Certification, dated November 23, 2015. . Document filed by The City of New York. (Joyce, Kimberly) (Entered: 12/01/2015)
47 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Josh E. Anderson dated 12/2/2015 re: Plaintiffs respectfully request that this Court direct the Clerk of Court to freeze from public view the document currently available at ECF No. 39−1, and grant leave for Plaintiffs to re−file the Anderson Declaration with additional redactions. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 12/2/2015) (tn) (Entered: 12/02/2015)
Transmission to Sealed Records Clerk. Transmitted re: 47 Endorsed Letter, to the Sealed Records Clerk for the sealing or unsealing of document or case. (tn) (Entered: 12/02/2015)

12/02/2015 12/02/2015 12/02/2015 12/03/2015 12/03/2015
12/04/2015 12/04/2015 12/11/2015
12/14/2015
12/22/2015 12/22/2015 12/22/2015

48 DECLARATION of Josh E. Anderson, dated December 2, 2015 in Support re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1 − 5 [REDACTED])(Lowenthal, Mitchell) (Entered: 12/02/2015)
49 MOTION to Seal Document /Notice of Motion to Seal Exhibits 2, 4 and 5 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the Production of Documents Relating to Class Certification, dated December 2, 2015. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Text of Proposed Order)(Lowenthal, Mitchell) (Entered: 12/02/2015)
50 MEMORANDUM OF LAW in Support re: 49 MOTION to Seal Document /Notice of Motion to Seal Exhibits 2, 4 and 5 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the Production of Documents Relating to Class Certification, dated December 2, 2015 . Document filed by Jane Doe 1, Jane Doe 2. (Lowenthal, Mitchell) (Entered: 12/02/2015)
51 REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015. . Document filed by Jane Doe 1, Jane Doe 2. (Lowenthal, Mitchell) (Entered: 12/03/2015)
52 DECLARATION of Josh E. Anderson in further support of Plaintiffs' Motion to Compel the Production of Documents Relating to Class Certification, dated December 3, 2015 re: 38 MOTION to Compel Defendant, The City of New York, to produce documents relating to Class Certification, dated November 23, 2015. . Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit 6)(Lowenthal, Mitchell) (Entered: 12/03/2015)
53 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 51 Reply Memorandum of Law in Support of Motion, addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated December 4, 2015. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 12/04/2015)
54 NOTICE OF APPEARANCE by Arthur Gabriel Larkin, III on behalf of The City of New York. (Larkin, Arthur) (Entered: 12/04/2015)
55 ORDER GRANTING MOTION TO COMPEL granting 38 Motion to Compel; granting 41 Motion to Seal Document; granting 49 Motion to Seal Document; terminating 53 Motion for Extension of Time to File Response/Reply: The City should produce all outstanding documents by December 23, 2015. The City should produce Mr. Cussen and Ms. Sculco, who appear to be the custodians of directly relevant information, for depositions by the same date. The Plaintiffs' Motions to Seal exhibits to the Motion to Compel are granted. Plaintiffs' Reply to Defendants' Opposition to the Motion for Class Certification will be due January 18, 2016, though they may file sooner, and the Court will be sensitive to their desire to move this litigation forward speedily. The clerk shall mark the motions (Dkt. Nos. 38, 41, 49, and 53) terminated. (Signed by Judge Alvin K. Hellerstein on 12/11/2015) (tn) (Entered: 12/11/2015)
56 ORDER REGULATING PROCEEDINGS: Plaintiffs' Reply to the motion to certify is due December 22, 2015. I will hear argument of the motion January 4, 2015, 2:30 P.M. Set Deadlines/Hearing as to 27 MOTION to Certify Class and Appoint Class Counsel: Replies due by 12/22/2015. (Oral Argument set for 1/4/2016 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/14/2015) (tn) (Entered: 12/14/2015)
57 NOTICE OF APPEARANCE by James L. Bromley on behalf of Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 12/22/2015)
58 REPLY MEMORANDUM OF LAW in Support re: 27 MOTION to Certify Class and Appoint Class Counsel. , dated December 22, 2015 (REDACTED). Document filed by Jane Doe 1. (Lowenthal, Mitchell) (Entered: 12/22/2015)
59 DECLARATION of Danielle P. Mindlin in Further Support of Plaintff Jane Doe 1's Motion for Class Certification and Appointment of Class Counsel, Dated December 22, 2015 re: 27 MOTION to Certify Class and Appoint Class Counsel. . Document filed by Jane Doe 1. (Attachments: # 1 Exhbits 9 − 12 (REDACTED))(Lowenthal,

12/22/2015 12/22/2015 01/04/2016 01/05/2016
01/05/2016 01/15/2016
01/15/2016
01/15/2016 01/29/2016 01/29/2016 02/02/2016

Mitchell) (Entered: 12/22/2015)
60 MOTION to Seal Document 59 Declaration, 58 Reply Memorandum of Law in Support of Motion , dated December 22, 2015. Document filed by Jane Doe 1. (Attachments: # 1 Text of Proposed Order)(Lowenthal, Mitchell) (Entered: 12/22/2015)
61 MEMORANDUM OF LAW in Support re: 60 MOTION to Seal Document 59 Declaration, 58 Reply Memorandum of Law in Support of Motion , dated December 22, 2015. . Document filed by Jane Doe 1. (Lowenthal, Mitchell) (Entered: 12/22/2015)
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 1/4/2016 re: 27 MOTION to Certify Class and Appoint Class Counsel. filed by Jane Doe 1, ( Status Conference set for 1/15/2016 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Court Reporter Patricia Nelson) (Jones, Brigitte) (Entered: 01/07/2016)
62 SUMMARY ORDER DENYING MOTION FOR CLASS CERTIFICATION denying 27 Motion to Certify Class: The motion to certify a class is denied. For the reasons stated in detail on the record, I find that the class is not sufficiently ascertainable as proposed, and that the named plaintiffs, who also seek monetary damages, lack typicality and commonality in their claims, and would not adequately represent the interests of the class. Fed. R. Civ. P. 23(a). I am further concerned that allowing this lawsuit to proceed as a class action will delay the adjudication of the serious and troubling allegations in the Complaint, and have concerns that unidentifiable future victims could be precluded from suing for damages for rape, because of their membership in this class, even where they never had an option to opt out. The claims of the individual plaintiffs survive, both for monetary and equitable relief. The parties shall appear for a status conference to determine the course of the proceedings going forward, on January 15, 2016, at 10:45 A.M. (Signed by Judge Alvin K. Hellerstein on 1/5/2016) (tn) (Entered: 01/05/2016)
Set/Reset Hearings: Status Conference set for 1/15/2016 at 10:45 AM before Judge Alvin K. Hellerstein. (tn) (Entered: 01/05/2016)
63 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/4/2016 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Patricia Nilsen, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/8/2016. Redacted Transcript Deadline set for 2/19/2016. Release of Transcript Restriction set for 4/18/2016.(McGuirk, Kelly) (Entered: 01/15/2016)
64 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/4/16 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/15/2016)
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 1/15/2016, ( Motions due by 2/5/2016., Replies due by 2/26/2016., Responses due by 2/19/2016). (Court Reporter Tara Jones) (Jones, Brigitte) (Entered: 01/15/2016)
65 JOINT LETTER MOTION for Discovery addressed to Judge Alvin K. Hellerstein from Barbara P. Hamilton dated 01/29/2016. Document filed by Jane Doe 1.(Hamilton, Barbara) (Entered: 01/29/2016)
66 JOINT LETTER MOTION for Discovery addressed to Judge Alvin K. Hellerstein from Barbara P. Hamilton dated 01/29/2016. Document filed by Jane Doe 1.(Hamilton, Barbara) (Entered: 01/29/2016)
67 ORDER granting in part and denying in part 65 Letter Motion for DiscoveryThe parties contest who may keep a pair of pants, and other items, which may have

02/02/2016
02/03/2016 02/16/2016 02/18/2016 02/19/2016 02/19/2016 02/23/2016 02/23/2016 02/23/2016 02/23/2016 02/23/2016 02/24/2016

evidentiary value, directly or after testing. The items originally belonged to plaintiffs, but are now in defendants' possession. Both parties are concerned about tampering. Absent other agreement, the parties shall agree to a neutral party who shall maintain possession of the items, with each party having access upon reasonable notice to the other. If agreement is not made within two weeks, either party may move for appropriate relief. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 02/02/2016)
68 ORDER granting 66 Letter Motion for DiscoveryPlaintiffs' demand for financial and medical records, as limited by the parties' negotiations, seek relevant evidence for discovery purposes, proportional to the issues of the case. Defendants' objections are denied. The documents shall be produced promptly, subject to appropriate measures to assure confidentiality. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 02/02/2016)
69 CONSENT LETTER MOTION for Extension of Time to File motion to modify order allowing plaintiffs to proceed anonymously addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Feb. 3, 2016. Document filed by The City of New York.(Larkin, Arthur) (Entered: 02/03/2016)
70 FIRST LETTER MOTION for Extension of Time for the parties to agree to a neutral party to maintain possession of items or move for appropriate relief addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated February 16, 2016. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 02/16/2016)
71 CONSENT LETTER MOTION for Extension of Time to File motion to modify plaintiffs' anonymous status addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Feb. 18, 2016. Document filed by The City of New York.(Larkin, Arthur) (Entered: 02/18/2016)
72 ORDER granting 69 Letter Motion for Extension of Time to File; granting 71 Letter Motion for Extension of Time to File: So ordered. (Signed by Judge Alvin K. Hellerstein on 2/18/2016) (tn) (Entered: 02/19/2016)
Set/Reset Deadlines: Motions due by 2/26/2016. Responses due by 3/11/2016. Replies due by 3/18/2016. (tn) (Entered: 02/19/2016)
73 MOTION to Compel the City to Produce Documents . Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 02/23/2016)
74 DECLARATION of Josh E. Anderson, dated February 23, 2016 in Support re: 73 MOTION to Compel the City to Produce Documents .. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1−6 [REDACTED])(Bromley, James) (Entered: 02/23/2016)
75 MEMORANDUM OF LAW in Support re: 73 MOTION to Compel the City to Produce Documents . . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 02/23/2016)
76 MOTION to Seal Exhibits 1, 2, 3, 5 and 6 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the City to Produce Documents. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Text of Proposed Order)(Bromley, James) (Entered: 02/23/2016)
77 MEMORANDUM OF LAW in Support re: 76 MOTION to Seal Exhibits 1, 2, 3, 5 and 6 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the City to Produce Documents. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 02/23/2016)
78 Vacated as per Judge's Order dated 2/25/2016, Doc. # 79 ORDER GRANTING MOTION TO SEAL EXHIBITS 1, 2, 3, 5 AND 6 TO THE DECLARATION OF JOSH E. ANDERSON IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL THE CITY TO PRODUCE DOCUMENTS granting 76 Motion to Seal: that the Motion is GRANTED; and that Exhibits 1, 2, 5 and 6 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the City to Produce Documents shall be filed publicly with redactions (with unredacted copies maintained under seal), and Exhibit 3 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the City to Produce Documents shall be filed under seal. (Signed by Judge

02/25/2016 02/25/2016 02/26/2016 02/29/2016 02/29/2016 02/29/2016 03/01/2016 03/01/2016 03/03/2016
03/07/2016 03/09/2016 03/10/2016 03/10/2016

Alvin K. Hellerstein on 2/24/2016) (tn) Modified on 2/25/2016 (tn). (Entered: 02/24/2016)
79 ORDER: My endorsement granting the motion to seal exhibits (ECF Doc. No. 78 granting ECF Doc. No. 76) is vacated. Upon further review, the motion is denied without prejudice. The Motion may be submitted identifying for redaction only the names and identities of individuals, to enable the Court to rule narrowly. (Signed by Judge Alvin K. Hellerstein on 2/25/2016) (tn) (Entered: 02/25/2016)
80 MEMO ENDORSEMENT denying without prejudice 76 Motion to Seal. ENDORSEMENT: Motion denied w/out prejudice. Motion may be resubmitted identifying for redaction only the names and identities of individuals, to enable the Court to rule narrowly. (Signed by Judge Alvin K. Hellerstein on 2/25/2016) (tn) (Entered: 02/25/2016)
81 LETTER addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Feb. 26, 2016 re: motion for relief from protective order. Document filed by The City of New York.(Larkin, Arthur) (Entered: 02/26/2016)
82 DECLARATION of Josh E. Anderson, dated February 23, 2016 in Support re: 73 MOTION to Compel the City to Produce Documents .. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1−6 [REDACTED])(Bromley, James) (Entered: 02/29/2016)
83 MOTION to Seal Exhibtis 1, 2, 5 and 6 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the City to Produce Documents. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Text of Proposed Order)(Bromley, James) (Entered: 02/29/2016)
84 MEMORANDUM OF LAW in Support re: 83 MOTION to Seal Exhibtis 1, 2, 5 and 6 to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion to Compel the City to Produce Documents. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 02/29/2016)
85 MEMO ENDORSEMENT granting 83 Motion to Seal. ENDORSEMENT: Motion granted. (Signed by Judge Alvin K. Hellerstein on 3/1/2016) (tn) (Entered: 03/01/2016)
86 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 73 MOTION to Compel the City to Produce Documents . addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated March 1, 2016. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 03/01/2016)
87 ORDER granting 86 Letter Motion for Extension of Time to File Response/Reply re 86 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 73 MOTION to Compel the City to Produce Documents addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated March 1, 2016. The request for a 6 day enlargement is Granted. Responses due by 3/7/2016 Replies due by 3/9/2016. (Signed by Judge Alvin K. Hellerstein on 3/03/2016) (ama) (Entered: 03/03/2016)
88 MEMORANDUM OF LAW in Opposition re: 73 MOTION to Compel the City to Produce Documents . . Document filed by The City of New York. (Joyce, Kimberly) (Entered: 03/07/2016)
89 REPLY MEMORANDUM OF LAW in Support re: 73 MOTION to Compel the City to Produce Documents . . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 03/09/2016)
90 ORDER denying as moot 70 Letter Motion for Extension of Time More than the requested week to make a motion having passed, the motion is denied as moot. If wither party wishes to have a neutral party appointed to hold and preserve documents, such a motion can be made at any time. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 03/10/2016)
91 ORDER granting in part and denying in part 73 Motion to Compel.Nine months after receiving discovery demands, the City of New York states that it will mostly comply by March 21, 2016. Plaintiffs nevertheless seek this order, claiming not to trust the representations of the City's counsel. However, I accept that representation, and deny

03/17/2016
03/17/2016 03/17/2016 03/21/2016 03/22/2016 04/01/2016
04/06/2016 04/11/2016

the overall motion to compel.The City resists producing descriptions of the size and location of the cell−block area where the incidents alleged in the complaint took place. I grant that objection. I do not believe that physical descriptions or pictorilizations or the like are necessary, and I believe that the City's concerns about security are sound. This part of the motionis denied.Finally, the City objects to claimed over−breadth of demands for electronic discovery. It appears that disciplinary records are involved, and that the names requested may be common to non−involved, as well as involved, corrections officers. The City's concerns may be expressed after searches are made and areas of potenital prejudice are determined to be real, rather than theoretical. It is late in the day for objections of this sort to be raised. Thus, this part of the motion is granted, but subject to particularized concerns meriting confidentiality additional to that which exists in this case. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 03/10/2016)
92 TRUE COPY ORDER of USCA USCA Case Number 16−0173. USCA Case Number 16−0173. Plaintiff−petitioner Jane Doe 1 petitions, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district court's order denying her motion for class certification. Upon due consideration, it is hereby ORDERED that the petition for leave to appeal is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 03/17/2016. [USCA Appeal Case No. 16−0796]. (nd) (Entered: 03/17/2016)
USCA Appeal Fees received $ 505.00 receipt number 465401148432 on 03/17/2016 re: 92 USCA Order Granting leave to appeal pursuant to 23(f) of FRCP. (nd) (Entered: 03/17/2016)
Appeal Record Sent to USCA (Electronic File). USCA Case Number 16−0796, Certified Indexed record on Appeal Electronic Files for 92 USCA Order granting leave to appeal pursuant to FRCP 23(f)were transmitted to the U.S. Court of Appeals. (nd) (Entered: 03/17/2016)
93 LETTER addressed to Judge Alvin K. Hellerstein from Danielle P. Mindlin dated March 21, 2016 re: requesting that the court order the docketing of papers associated with the Motion to Proceed Anonymously, etc.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Mindlin, Danielle) (Entered: 03/21/2016)
94 MEMO ENDORSEMENT on re: 93 Letter, filed by Jane Doe 1, Jane Doe 2. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 3/22/2016) (kgo) (Entered: 03/22/2016)
95 MANDATE of USCA (Certified Copy) USCA Case Number 16−173. Plaintiff−petitioner Jane Doe 1 petitions, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district court's order denying her motion for class certification. Upon due consideration, it is hereby ORDERED that the petition for leave to appeal is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/01/2016. (nd) (Entered: 04/01/2016)
96 LETTER MOTION to Seal Document , ECF No.58 (Reply Memorandum of Law) and Exhibits 9 and 12 to ECF No. 59 (Declaration of Danielle P. Mindlin, etc.), addressed to Judge Alvin K. Hellerstein from Danielle P. Mindlin dated April 6, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit 1 [Text of Proposed Order])(Mindlin, Danielle) (Entered: 04/06/2016)
97 ORDER GRANTING PLAINTIFF JANE DOE 1'S MOTION TO SEAL HER REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF HER MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL, AND EXHIBITS 9 AND 12 TO THE DECLARATION OF DANIELLE P. MINDLIN IN FURTHER SUPPORT OF PLAINTIFF JANE DOE 1'S MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL re: 60 Motion to Seal Document 59 Declaration, 58 Reply Memorandum of Law in Support of Motion; granting 96 Letter Motion to Seal Document. The Motion is GRANTED. The Reply Memorandum of Law in Further of Jane Doe 1's Motion for Class Certification and Appointment of Class Counsel shall be filed under seal. (Signed by Judge Alvin K. Hellerstein on 4/11/2016) (tro) (Entered: 04/12/2016)

04/11/2016 04/18/2016 04/20/2016
05/09/2016 05/11/2016 05/12/2016
05/13/2016 05/20/2016 05/20/2016 05/23/2016 05/23/2016 05/23/2016 05/23/2016

Transmission to Sealed Records Clerk. Transmitted re: 97 Order on Motion to Seal Document, to the Sealed Records Clerk for the sealing or unsealing of document or case. (tro) (Entered: 04/12/2016)
98 SEALED DOCUMENT placed in vault.(mps) (Entered: 04/18/2016)
First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for 94 Memo Endorsement, 96 LETTER MOTION to Seal Document , ECF No.58 (Reply Memorandum of Law) and Exhibits 9 and 12 to ECF No. 59 (Declaration of Danielle P. Mindlin, etc.), addressed to Judge Alvin K. Hellerstein from Danielle P. Mindlin dated April 6, 2016. filed by Jane Doe 1, Jane Doe 2, 93 Letter, filed by Jane Doe 1, Jane Doe 2, 97 Order on Motion to Seal Document,,,,, USCA Case Number 16−0796, were transmitted to the U.S. Court of Appeals. (nd) (Entered: 04/20/2016)
99 LETTER MOTION to Compel City of New York to retrieve Jane Doe 2's pants for Plaintiffs' expert review, addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated May 9, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Lowenthal, Mitchell) (Entered: 05/09/2016)
100 LETTER RESPONSE to Motion addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated May 11, 2016 re: 99 LETTER MOTION to Compel City of New York to retrieve Jane Doe 2's pants for Plaintiffs' expert review, addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated May 9, 2016. . Document filed by The City of New York. (Larkin, Arthur) (Entered: 05/11/2016)
101 ORDER granting 99 Letter Motion to Compel. IT IS HEREBY ORDERED, that the Motion is GRANTED and that the following procedures shall apply to the examination and inspection of the Pants: 1. Plaintiffs' counsel may request that the City deliver the Pants to Plaintiffs' forensic science expert, Dr. Julie Heinig of DNA Diagnostics Center ("Plaintiffs' Expert"); the City shall make such delivery no later than seven (7) days after receipt of such request. (As further set forth in this Order.). (Signed by Judge Alvin K. Hellerstein on 5/11/2016) (cf) (Entered: 05/12/2016)
102 NOTICE OF APPEARANCE by Liam Louis Castro on behalf of Benny Santiago. (Castro, Liam) (Entered: 05/13/2016)
103 LETTER MOTION for Extension of Time to respond/object to subpoena addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated May 20, 2016. Document filed by The City of New York.(Larkin, Arthur) (Entered: 05/20/2016)
104 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated May 20, 2016 re: In Response to the May 20 Letter Motion Filed by the City and the Moss Group. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits A−E)(Lowenthal, Mitchell) (Entered: 05/20/2016)
105 LETTER REPLY to Response to Motion addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated May 23, 2016 re: 103 LETTER MOTION for Extension of Time to respond/object to subpoena addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated May 20, 2016. . Document filed by The City of New York. (Larkin, Arthur) (Entered: 05/23/2016)
106 NOTICE OF APPEARANCE by Barry Coburn on behalf of The Moss Group, Inc.. (Coburn, Barry) (Entered: 05/23/2016)
107 LETTER RESPONSE in Support of Motion addressed to Judge Alvin K. Hellerstein from Barry Coburn dated 05/23/2016 re: 103 LETTER MOTION for Extension of Time to respond/object to subpoena addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated May 20, 2016. . Document filed by The Moss Group, Inc.. (Coburn, Barry) (Entered: 05/23/2016)
108 LETTER RESPONSE to Motion addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated 05/23/2016 re: 103 LETTER MOTION for Extension of Time to respond/object to subpoena addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated May 20, 2016. / In Response to Two Letters Regarding Moss Group's Request for Extension of Time 105 and 107 . Document filed by Jane Doe 1, Jane Doe 2. (Lowenthal, Mitchell) (Entered: 05/23/2016)

05/23/2016
05/25/2016
05/27/2016 05/27/2016 05/27/2016 05/27/2016 06/01/2016 06/01/2016 06/03/2016

109 STIPULATION AND ORDER: In the event that a Party inadvertently discloses documents, information, or material that would otherwise be covered by a privilege or protection recognized under state or federal law (collectively, referred to as "Protected Material"), the disclosure of that Protected Material shall not constitute or be deemed a waiver or forfeiture − in this or any other federal or state action − of any claim of privilege or protection applicable to that Protected Material or its subject matter. Protected Material shall include inadvertent disclosures during discovery and the remainder of the litigation. Whether a disclosure of Protected Material shall operate as a waiver shall be determined according to Section 502(b) of the Federal Rules of Evidence, and as further set forth in in this order. (Signed by Judge Alvin K. Hellerstein on 5/23/2016) (tn) (Entered: 05/24/2016)
110 ORDER denying 103 Letter Motion for Extension of Time.The City seeks a third extension to delay production of documents seemingly important to the case. Since no good reason is advanced, the City's motion is denied.Plaintiffs served a subpoena on a consultant to the City, the Moss Group. The consultant is not a party. The City does not explain why it has standing to seek a delay in an independent party's purported need for more time.The City then states that it must vet the consultant's production before documents are produced, in case it has objections based on privilege. The City does not explain why it may have a privilege to an independent party's documents.The City seeks delay by a letter motion. The form of motion is prescribed by the Federal Rules of Civil Procedure. Nothing in the court's Local Rules or my Individual Rules of Practice authorize letter motions. The City does not explain why it has leave to substitute unsworn assertions in a letter for sworn statements in an affidavit or declaration. If letter form is to be used. Rule 1D or 2E of my Individual Rules of Practice, requiring a joint letter, must be used.The subpoena to the Moss Group, and the Rule 45 notice to the City, were both served on April 15, 2016. The City has twice requested, and been granted, adjournments, and was advised on the second request, on May 12, that none further would be granted. Depositions must be taken before July 1, 2016, and the documents are needed for those depositions. The document demands appear to be reasonable, limited, and easily producible. There is no further excuse for delay.Documents must be produced by June 6, 2016. If objections are made, or privileges to specific documents are asserted, they must be filed by June 1, 2016, and the form and specificity of objections and claims of privilege must conform to the Federal Rules of Civil Procedure and the Local Rules. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 05/25/2016)
111 MOTION to Take Deposition of Person Confined in Prison. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 05/27/2016)
112 DECLARATION of Marlen S. Bodden, dated May 27, 2016 in Support re: 111 MOTION to Take Deposition of Person Confined in Prison.. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 05/27/2016)
113 MEMORANDUM OF LAW in Support re: 111 MOTION to Take Deposition of Person Confined in Prison. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 05/27/2016)
114 LETTER addressed to Judge Alvin K. Hellerstein from James L. Bromley dated May 27, 2016 re: certain discovery disputes. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 05/27/2016)
115 CONSENT ORDER UNDER RULE 30(A)(2)(B) PERMITTING DEPOSITION TO BE TAKEN OF PERSON CONFINED IN PRISON granting 111 Motion to Take Deposition. IT IS HEREBY ORDERED, that the Motion is GRANTED; and IT IS FURTHER ORDERED that the following steps shall be taken as further set forth in this Order. (Signed by Judge Alvin K. Hellerstein on 5/31/2016) (spo) (Entered: 06/01/2016)
116 NOTICE of Filing of Objections to Plaintiff's Third Party Subpoena. Document filed by The Moss Group, Inc.. (Coburn, Barry) (Entered: 06/01/2016)
117 AFFIDAVIT OF SERVICE of Consent Order Under Rule 30(A)(2)(B) Permitting Deposition To Be Taken of Person Confined in Prison, dated June 1, 2016 served on U.S. Marshal Michael Greco, SDNY on June 2, 2016. Service was accepted by Charlise Cameron. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James)

06/03/2016 06/03/2016 06/03/2016 06/03/2016 06/06/2016
06/06/2016 06/06/2016
06/06/2016 06/06/2016 06/06/2016 06/06/2016 06/07/2016 06/07/2016

(Entered: 06/03/2016)
118 AFFIDAVIT OF SERVICE of Consent Order Under Rule 30(A)(2)(B) Permitting Deposition To Be Taken of Person Confined in Prison, dated June 1, 2016 served on Ms. Joy Aassidda, MCC on June 3, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 06/03/2016)
119 FIRST MOTION to Quash subpoena to non−party AT&T for telephone records . Document filed by Benny Santiago.(Ortiz, Julie) (Entered: 06/03/2016)
120 DECLARATION of Julie A. Ortiz in Support re: 119 FIRST MOTION to Quash subpoena to non−party AT&T for telephone records .. Document filed by Benny Santiago. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ortiz, Julie) (Entered: 06/03/2016)
121 MEMORANDUM OF LAW in Support re: 119 FIRST MOTION to Quash subpoena to non−party AT&T for telephone records . . Document filed by Benny Santiago. (Ortiz, Julie) (Entered: 06/03/2016)
122 CONSENT ORDER UNDER RULE 30(A)(2)(B) PERMITTING DEPOSITION TO BE TAKEN OF PERSON CONFINED IN PRISON: The New York State Department of Corrections and Community Supervision ("DOCCS") shall cause Wilson to be transferred from Bedford to the custody of the Federal Bureau of Prisons Metropolitan Correction Center ("MCC") located at 150 Park Row, New York, NY 10007. Wilson shall appear at such place as designated by Bedford Hills CF and the DOCCS so that her transfer can be caused. The DOCCS shall have discretion as to the date and time of Wilson's transfer, provided, however, that the transfer must be completed prior to June 20, 2016. Defendants shall be allowed to take the deposition by oral examination of Wilson. The MCC shall produce Wilson to the U.S. Marshal for the Southern District of New York for the taking of her deposition on June 20, 2016, commencing at 9:30 A.M., and for so long thereafter as the deposition continues, and as further set forth in this order. (Signed by Judge Alvin K. Hellerstein on 6/6/2016) (tn) (Entered: 06/06/2016)
Set/Reset Deadlines: Deposition due by 6/20/2016. (tn) (Entered: 06/06/2016)
123 MEMO ENDORSEMENT on 114 , terminating 119 Motion to Quash. ENDORSEMENT: Defendant Santiago shall produce as to only those numbers identified by plaintiffs. Additional numbers reach beyond relevance, and intrude on privacy interests, including privacy interests of non−parties. Plaintiffs may renew their discovery requests if productions of discovery by the City show relevance of additional phone numbers. This order terminates also defendant's motion to quash subpoena to AT&T (ECF No. 119). The parties shall submit a consent order regulating that production. (Signed by Judge Alvin K. Hellerstein on 6/6/2016) (tn) (Entered: 06/06/2016)
124 MOTION for Protective Order . Document filed by The Moss Group, Inc..(Coburn, Barry) (Entered: 06/06/2016)
125 MEMORANDUM OF LAW in Support re: 124 MOTION for Protective Order . . Document filed by The Moss Group, Inc.. (Coburn, Barry) (Entered: 06/06/2016)
126 DECLARATION of Barry Coburn in Support re: 124 MOTION for Protective Order .. Document filed by The Moss Group, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Coburn, Barry) (Entered: 06/06/2016)
127 CERTIFICATE OF SERVICE. Document filed by The Moss Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Coburn, Barry) (Entered: 06/06/2016)
128 CERTIFICATE OF SERVICE of Consent order under Rule 30(A)(2)(B) Permitting Deposition to be taken of Person Confined in Prison served on Bedford Hills Correctional Facility on June 6, 2016. Service was made by First Class Mail. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 06/07/2016)
129 MOTION to Compel the City to Produce Documents and Respond to Interrogatories . Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 06/07/2016)

06/07/2016 06/07/2016 06/07/2016 06/07/2016 06/07/2016
06/08/2016 06/08/2016 06/09/2016 06/09/2016 06/09/2016 06/09/2016
06/10/2016 06/10/2016 06/10/2016 06/13/2016 06/13/2016

130 DECLARATION of Josh E. Anderson, dated June 7, 2016 in Support re: 129 MOTION to Compel the City to Produce Documents and Respond to Interrogatories .. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1−6)(Bromley, James) (Entered: 06/07/2016)
131 MEMORANDUM OF LAW in Support re: 129 MOTION to Compel the City to Produce Documents and Respond to Interrogatories . . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 06/07/2016)
132 MOTION to Compel Compliance with the Court's May 25 Order by Directing the Production of Moss Group Materials . Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 06/07/2016)
133 DECLARATION of Josh E. Anderson, dated June 7, 2016 in Support re: 132 MOTION to Compel Compliance with the Court's May 25 Order by Directing the Production of Moss Group Materials .. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1−7)(Bromley, James) (Entered: 06/07/2016)
134 MEMORANDUM OF LAW in Support of 132 Plaintiffs' Motion to Compel Compliance With the Court's May 25 Order by Directing the Production of Moss Group Materials, and in Response to 124 the Moss Group's Motion for a Protective Order. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 06/07/2016)
135 REPLY to Response to Motion re: 124 MOTION for Protective Order . . Document filed by The Moss Group, Inc.. (Attachments: # 1 Exhibit)(Coburn, Barry) (Entered: 06/08/2016)
136 LETTER addressed to Judge Alvin K. Hellerstein from Barry Coburn dated 06/08/2016 re: Discovery Dispute Re. The Moss Group. Document filed by The Moss Group, Inc..(Coburn, Barry) (Entered: 06/08/2016)
137 SECOND LETTER addressed to Judge Alvin K. Hellerstein from Barry Coburn dated 06/09/2016 re: Discovery Dispute Re. The Moss Group. Document filed by The Moss Group, Inc..(Coburn, Barry) (Entered: 06/09/2016)
138 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated June 9, 2016 re: In response to several letters from the Moss Group, etc.. Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) (Entered: 06/09/2016)
139 THIRD LETTER addressed to Judge Alvin K. Hellerstein from Barry Coburn dated 06/09/2016 re: Subpoena Issued to Third−Party The Moss Group. Document filed by The Moss Group, Inc..(Coburn, Barry) (Entered: 06/09/2016)
140 MEMORANDUM OF LAW in Opposition re: 132 MOTION to Compel Compliance with the Court's May 25 Order by Directing the Production of Moss Group Materials . . Document filed by The Moss Group, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Coburn, Barry) (Entered: 06/09/2016)
141 NOTICE OF APPEARANCE by Anthony Matthew Disenso on behalf of The City of New York. (Disenso, Anthony) (Entered: 06/10/2016)
142 FOURTH LETTER addressed to Judge Alvin K. Hellerstein from Barry Coburn dated 06/10/2016 re: Plaintiffs' Subpoena To The Moss Group. Document filed by The Moss Group, Inc..(Coburn, Barry) (Entered: 06/10/2016)
143 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated June 6, 2016 re: Moss Group's correspondence regarding Plaintiffs' subpoena. Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) (Entered: 06/10/2016)
144 FIFTH LETTER addressed to Judge Alvin K. Hellerstein from Barry Coburn dated 06/13/2016 re: Third−Party Subpoena To The Moss Group. Document filed by The Moss Group, Inc..(Coburn, Barry) (Entered: 06/13/2016)
145 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated June 13, 2016 re: in response to The Moss Group's letter. Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) (Entered: 06/13/2016)

06/13/2016 06/14/2016
06/15/2016 06/15/2016 06/15/2016 06/15/2016
06/15/2016
06/16/2016 06/16/2016 06/16/2016 06/16/2016 06/17/2016

146 SIXTH LETTER addressed to Judge Alvin K. Hellerstein from Barry Coburn dated 06/13/2016 re: Third−Party Subpoena To The Moss Group. Document filed by The Moss Group, Inc..(Coburn, Barry) (Entered: 06/13/2016)
147 LETTER MOTION for Extension of Time to File Response/Reply as to 132 MOTION to Compel Compliance with the Court's May 25 Order by Directing the Production of Moss Group Materials ., 130 Declaration in Support of Motion, 131 Memorandum of Law in Support of Motion, 133 Declaration in Support of Motion, 134 Memorandum of Law, 129 MOTION to Compel the City to Produce Documents and Respond to Interrogatories . addressed to Judge Alvin K. Hellerstein from Anthony M. DiSenso dated June 14, 2016. Document filed by The City of New York.(Disenso, Anthony) (Entered: 06/14/2016)
148 LETTER addressed to Judge Alvin K. Hellerstein from Barry Coburn dated 06/15/16 re: Resolution Of Dispute Regarding Third−Party Subpoena to The Moss Group. Document filed by The Moss Group, Inc..(Coburn, Barry) (Entered: 06/15/2016)
149 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated June 15, 2016 re: to advise the Court that Plaintiffs and defendant The City of New York have reached an agreement resolving Plaintiffs' pending Motion to Compel the City to Produce Documents and Respond to Interrogatories, etc.. Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) (Entered: 06/15/2016)
150 STIPULATION AND ORDER: that September 1, 2016 is to be replaced for July 1, 2016 in Section B.1 of the CCMP. October 3, 2016 is to be replaced for August 2, 2016 in Section D.3 of the CCMP. (Signed by Judge Alvin K. Hellerstein on 6/15/2016) (tn) (Entered: 06/15/2016)
151 MEMO ENDORSEMENT on re: 145 Letter filed by Jane Doe 1, Jane Doe 2. ENDORSEMENT: The Court agrees that letter−writing threatens to displace responses to the existing motion. The motion will be argued, and decided, Tuesday, June 21, 2016, 11:00 a.m., to the extent that the parties are unable before then to agree on a complete disposition of the motion. Set Deadlines/Hearing as to 132 MOTION to Compel Compliance with the Court's May 25 Order by Directing the Production of Moss Group Materials: Motion Hearing set for 6/21/2016 at 11:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 6/15/2016) (tn) (Entered: 06/15/2016)
159 STIPULATION AND ORDER: NOW, THEREFORE, good cause having been showed, the CCMP is amended as set forth below: 1. September 1, 2016 is to be replaced for July 1, 2016 in Section B.1 of the CCMP. 2. October 3, 2016 is to be replaced for August 5, 2016 @ 10:00am in Section D.3 of the CCMP. SO ORDERED. (Discovery due by 9/1/2016.) (Signed by Judge Alvin K. Hellerstein on 6/15/2016) (kl) (Entered: 06/20/2016)
152 STIPULATION AND ORDER: that on or before 6/29/2016 the City shall produce all documents responsive to Request Nos. 26 and 32−33. Plaintiffs' Motion ECF Doc. No. 129, is dismissed without prejudice. The clerk shall terminate the motion. (Signed by Judge Alvin K. Hellerstein on 6/16/2016) (tn) (Entered: 06/16/2016)
153 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated June 16, 2016 re: stipulation relating to discovery motions. Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) (Entered: 06/16/2016)
154 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 132 MOTION to Compel Compliance with the Court's May 25 Order by Directing the Production of Moss Group Materials . . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 06/16/2016)
155 DECLARATION of Josh E. Anderson, dated June 16, 2016 in Support re: 132 MOTION to Compel Compliance with the Court's May 25 Order by Directing the Production of Moss Group Materials .. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 8−10)(Bromley, James) (Entered: 06/16/2016)
156 STIPULATION AND ORDER: As set forth in this Stipulation and Order, TMG will produce, at its expense, all documents responsive to the Subpoena ("Responsive Documents"), including electronically stored information ("ESI") and those documents listed on the City's Logs. With the exception of ESI and documents listed on the City's

06/17/2016 06/18/2016 06/20/2016 06/24/2016 06/24/2016 06/24/2016 07/01/2016 07/05/2016 07/05/2016

Logs, all Responsive Documents shall be produced by June 17, 2016. Any document included on any of the City's Logs that the Court determines is not privileged shall be produced on the later of June 17, 2016 or within 48 hours of the Court's ruling. The parties having agreed on a list of search terms (as set forth in a June 15, 2016 5:16 pm email), all responsive ESI shall be produced by June 29, 2016. Any documents listed on the City's Logs shall not be produced if the Court determines that such documents arc privileged. The Subpoena shall not be deemed to require production of TMG's "protocol," which consists of a document or documents that describe TMG's methodology for conducting investigations like the one it conducted of the City's jails. To the extent a document includes descriptions, discussions or other information about the City's jails (all collectively, "City Jail Facts") only information concerning the protocol shall be redacted from such documents, and the documents, including all City Jail Facts, shall otherwise be produced, and as further set forth in this order. TMG's Motion for Protective Order, ECF No. 124, is hereby dismissed with prejudice. TMG's Motion to Quash is deemed filed before this Court and is hereby dismissed with prejudice. TMG shall promptly advise the District Court for the District of Columbia of the foregoing, supply it with a copy of this Stipulation and Order, and (on notice to Plaintiffs) notify the District Court for the District of Columbia that there is accordingly no need for that Court to address the Motion to Quash. The Clerk shall terminate the motions marked ECF Nos. 124 and 147. (Signed by Judge Alvin K. Hellerstein on 6/17/2016) (tn) (Entered: 06/17/2016)
157 LETTER MOTION for Extension of Time to File Response/Reply as to 151 Memo Endorsement, Set Motion and R&R Deadlines/Hearings,,,, and Adjourn the Hearing Scheduled for June 21, 2016 addressed to Judge Alvin K. Hellerstein from Anthony M. DiSenso dated June 17, 2016. Document filed by The City of New York.(Disenso, Anthony) (Entered: 06/17/2016)
158 LETTER addressed to Judge Alvin K. Hellerstein from Barry Coburn dated 06/18/2016 re: Letter from City Law Department Counsel Re Adjournment Of Hearing. Document filed by The Moss Group, Inc..(Coburn, Barry) (Entered: 06/18/2016)
160 ORDER granting 157 Letter Motion for Extension of Time to File Response/Reply re 132 MOTION to Compel Compliance with the Court's May 25 Order by Directing the Production of Moss Group Materials: So Ordered. Responses due by 6/24/2016, Replies due by 7/1/2016. (Signed by Judge Alvin K. Hellerstein on 6/20/2016) (tn) (Entered: 06/20/2016)
161 MEMORANDUM OF LAW in Opposition re: 132 MOTION to Compel Compliance with the Court's May 25 Order by Directing the Production of Moss Group Materials . . Document filed by The City of New York. (Disenso, Anthony) (Entered: 06/24/2016)
162 DECLARATION of Arthur G. Larkin in Opposition re: 132 MOTION to Compel Compliance with the Court's May 25 Order by Directing the Production of Moss Group Materials .. Document filed by The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Disenso, Anthony) (Entered: 06/24/2016)
163 DECLARATION of Faye Yelardy in Opposition re: 132 MOTION to Compel Compliance with the Court's May 25 Order by Directing the Production of Moss Group Materials .. Document filed by The City of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Disenso, Anthony) (Entered: 06/24/2016)
164 REPLY MEMORANDUM OF LAW in Support re: 132 MOTION to Compel Compliance with the Court's May 25 Order by Directing the Production of Moss Group Materials . . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 07/01/2016)
165 FIRST LETTER addressed to Judge Alvin K. Hellerstein from Barry Coburn dated 07/05/2016 re: Status of Production of ESI By The Moss Group. Document filed by The Moss Group, Inc..(Coburn, Barry) (Entered: 07/05/2016)
166 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated July 5, 2016 re: In response to the Moss Group's Letter 165 , etc.. Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) (Entered: 07/05/2016)

07/07/2016
07/07/2016 07/08/2016 07/08/2016 07/08/2016 07/08/2016 07/08/2016 07/08/2016 07/11/2016
07/14/2016 07/14/2016

167 SCHEDULING ORDER: The parties shall appear for oral argument on plaintiffs' motion to compel compliance with the Court's May 25, 2016 Order on Monday July 11, 2016, at 4:00 PM. Counsel for The Moss Group shall appear at the same time, for a status conference to discuss the parties' letters to the Court dated July 5, 2016. SO ORDERED. Oral Argument set for 7/11/2016 at 04:00 PM before Judge Alvin K. Hellerstein. Status Conference set for 7/11/2016 at 04:00 PM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 7/6/2016) (kko) (Entered: 07/07/2016)
168 MEMO ENDORSEMENT on re: 166 Letter filed by Jane Doe 1, Jane Doe 2 re: In response to the Moss Group's Letter. ENDORSEMENT: In connection with the order dated July 6, 2016 setting a hearing date, defendant and the Moss Group shall bring to the hearing all documents withheld from production because of claims of privilege, and the privilege log conforming to the Local Rule 26.2. (Signed by Judge Alvin K. Hellerstein on 7/7/2016) (kko) (Entered: 07/07/2016)
169 LETTER addressed to Judge Alvin K. Hellerstein from Anthony M. DiSenso dated July 8, 2016 re: Request to Endorse Proposed General Purpose Computing Device Order. Document filed by The City of New York. (Attachments: # 1 Exhibit A)(Disenso, Anthony) (Entered: 07/08/2016)
170 ORDER: that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Jane Doe 1, et al. v. City of New York. et al., No. 15cv3849, on 7/11/2016: Anthony DiSenso − 1 laptop computer. (Signed by Judge Alvin K. Hellerstein on 7/8/2016) (tn) (Entered: 07/08/2016)
171 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Julie A. Ortiz dated 7/8/2016 re: request that the individual defendant, Benny Santiago, be excused from appearing at the Oral Argument scheduled for July 11, 2016. We thank Your Honor in advance for consideration of this request. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 7/8/2016) (tn) (Entered: 07/08/2016)
172 MOTION to Compel City of New York to Produce Documents and to Determine the Sufficiency of the Citys Responses to Plaintiffs Request for Admissions , dated July 8, 2016. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 07/08/2016)
173 MEMORANDUM OF LAW in Support re: 172 MOTION to Compel City of New York to Produce Documents and to Determine the Sufficiency of the Citys Responses to Plaintiffs Request for Admissions , dated July 8, 2016. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 07/08/2016)
174 DECLARATION of Josh E. Anderson in Support re: 172 MOTION to Compel City of New York to Produce Documents and to Determine the Sufficiency of the Citys Responses to Plaintiffs Request for Admissions , dated July 8, 2016.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1 − 4)(Bromley, James) (Entered: 07/08/2016)
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 7/11/2016 re: 132 MOTION to Compel Compliance with the Court's May 25 Order by Directing the Production of Moss Group Materials . filed by Jane Doe 1, Jane Doe 2, 172 MOTION to Compel City of New York to Produce Documents and to Determine the Sufficiency of the Citys Responses to Plaintiffs Request for Admissions , dated July 8, 2016. filed by Jane Doe 1, Jane Doe 2. (Jones, Brigitte) (Entered: 08/08/2016)
175 LETTER addressed to Judge Alvin K. Hellerstein from Julie A. Ortiz dated July 14, 2016 re: New Deposition Date for Defendant Santiago. Document filed by Benny Santiago.(Ortiz, Julie) (Entered: 07/14/2016)
176 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL COMPLIANCE WITH THE MAY 25, 2016 ORDER AND REGULATING REMAINING DISCOVERY ISSUES granting in part and denying in part 132 Motion to Compel; withdrawing 172 Motion to Compel: The Moss Group shall provide to the City, and to plaintiffs, by Wednesday, July 13, at 4:00 P.M., a list identifying each of the documents it has produced in response to the plaintiffs'

07/14/2016 07/14/2016 07/19/2016 07/21/2016 07/21/2016 07/21/2016 07/21/2016 07/21/2016
07/21/2016

subpoena. Each document shall be identified by its Bates number, and The Moss Group shall identify which documents were produced to both parties, and which were produced only to the City for a review of privilege issues. I examined a sample of the withheld documents, to establish guideposts for the City's disclosure. The City shall produce the remaining Moss Group documents in accordance with my rulings on relevance and privilege. Documents discussing DOC facilities other than the Rose M. Singer Center are not relevant to the allegations in the complaint, but the City should maintain the documents throughout the litigation. The Moss Group documents, similar to Document No. 20 on the City's first privilege log (Ex. A to Decl. of Faye Yelardy in Opposition to Plaintiffs' Motion to Compel Disclosure, ECF No. 163), which are merely drafts of the final Sexual Safety Assessment Report created by the Moss Group are subject to the deliberative process privilege. Other documents, similar to Documents Nos. 2, 4, and 11 on the same privilege log, are not subject to any privilege, and shall be produced by the City by July 21, 2016. Where the identification of DOC staff or inmates poses an issue, the City shall redact that information in order to protect those persons' anonymity. The deposition of defendant Benny Santiago will take place on July 19, 2016, at 10:00 A.M., at the offices of Cleary Gottlieb. Plaintiffs' Motion to Compel Defendant to Produce Documents and to Determine the Sufficiency of the City's Responses to Plaintiffs' Request for Admissions was withdrawn, without prejudice to refiling. The deadline for all fact discovery and depositions is September 1, 2016. The parties shall attend a status conference on Tuesday, September 6, 2016, at 4:30 P.M. The clerk shall mark the motions (ECF Doc. Nos. 132; 172) terminated. (Signed by Judge Alvin K. Hellerstein on 7/12/2016) (tn) (Entered: 07/14/2016)
Set/Reset Deadlines: Deposition due by 9/1/2016. Fact Discovery due by 9/1/2016. (tn) (Entered: 07/14/2016)
Set/Reset Hearings: Status Conference set for 9/6/2016 at 04:30 PM before Judge Alvin K. Hellerstein. (tn) (Entered: 07/14/2016)
177 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated July 19, 2016 re: discovery dispute. Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) (Entered: 07/19/2016)
178 LETTER MOTION for Discovery related motion to be reinstated, etc., addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated July 21, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit A)(Lowenthal, Mitchell) (Entered: 07/21/2016)
179 JOINT LETTER MOTION to Reopen two depositions based upon new evidence, etc. addressed to Judge Alvin K. Hellerstein from Michell A. Lowenthal dated July 18, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit Attachment A)(Lowenthal, Mitchell) (Entered: 07/21/2016)
180 JOINT LETTER MOTION for Discovery dispute resolution, etc. addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated July 21, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lowenthal, Mitchell) (Entered: 07/21/2016)
181 LETTER addressed to Judge Alvin K. Hellerstein from Angharad K. Wilson dated July 21, 2016 re: Dkt. 179 and Dkt. 180. Document filed by The City of New York.(Wilson, Angharad) (Entered: 07/21/2016)
182 ORDER granting in part and denying in part 178 Letter Motion for Discovery. Defendants shall produce by July 26, 2016 Jane Doe 1's commissary account, and recordings of Jane Doe 2"s phone calls and her inmate file. Plaintiff's request for production of documents relating to Sntiago's discipline for providing a false statement is denied without a further showing that relevance outweighs confidentiality. Plaintiff's requests for identification of a set of handwritten notes from an investigation, and whether Santiago suffered discipline in connection with Jane Doe 2's allegations, and whether the Comproller transmitted a notice of claim to DOI or DOC ID are denied without a further showing that relevance outweighs matters that likely are prejudicial,wasteful, and unduly burdensome. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 07/21/2016)
183 ORDER granting 179 Letter Motion to Reopen. Plaintiff may re−open the depositions of James Christo and Jennifer Sculco, but questions are limited to new material

07/21/2016
07/26/2016 08/03/2016
08/03/2016
08/11/2016 08/15/2016 08/16/2016 08/17/2016 08/18/2016

discussed for the first time in defendants' late production. The court desires that these re−opened depositions be taken and concluded one morning and one afternoon by July 29, 2016.As for Document at ECF 177, by which plaintiffs move for a physical examination of the genitalia of defendant Benny Santiago, the motion is denied. Since there can be little reliability of identification based on a plaintiff's recollection of penis size and presence of circumcision, so there is little value in discovery of the same issue. The values of privacy and decency outweigh spurious claims of relevancy. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 07/21/2016)
184 ORDER granting in part and denying in part 180 Letter Motion for Discovery. Plaintiffs' motion for production of daily logbook entries for Buildings 9 and 11, between February 1, 2013 and May 15, 2013 is granted. The logbooks, containing contemporary records of activities, are relevant. The ability to glean information from other documents does not make them less relevant.Plaintiff's request for production of standard operating procedures regarding semen serology as utilized by defendants, and records of visual observations when DNA testing by defendants was performed to detect if semen was left on Jane Doe 2's pants, is granted, provided that plaintiffs produce the protocols attending examinations conducted by plaintiffs' experts. There is only one item of evidence in question, and tests on that one item were conducted by both sides. Truth will best emerge if both side's tests are known to the other. No value of work−product outweighs the need for reliability and truthfulness with regard to this evidence. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 07/21/2016)
185 NOTICE OF APPEARANCE by Ryan Budhu on behalf of The City of New York. (Budhu, Ryan) (Entered: 07/26/2016)
186 TRANSCRIPT of Proceedings re: CONFERERNCE held on 7/11/2016 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Tara Jones, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/29/2016. Redacted Transcript Deadline set for 9/8/2016. Release of Transcript Restriction set for 11/4/2016.(McGuirk, Kelly) (Entered: 08/03/2016)
187 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/11/16 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/03/2016)
188 JOINT LETTER MOTION for Discovery ruling, etc addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated August 11, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits A − D)(Lowenthal, Mitchell) (Entered: 08/11/2016)
189 LETTER addressed to Judge Alvin K. Hellerstein from Anthony M. DiSenso dated August 15, 2016 re: Status of Production of Moss Group Documents. Document filed by The City of New York.(Disenso, Anthony) (Entered: 08/15/2016)
190 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated August 16, 2016 re: in response to the City's letter filed yesterday (dkt. item 189 ),. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Attachment A)(Lowenthal, Mitchell) (Entered: 08/16/2016)
191 ORDER denying 188 Letter Motion for Discovery. See indorsed order on letter by Cleary Gottlieb dated August 16, 2016 for court's ruling (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 08/17/2016)
192 MEMO ENDORSEMENT on re: 190 Letter, filed by Jane Doe 1, Jane Doe 2. ENDORSEMENT: The parties shall discuss−face to face and by senior member of each team−their differences. If any remain, they shall be identified to the court for rulings. (Signed by Judge Alvin K. Hellerstein on 8/17/2016) (mro) (Entered:

08/22/2016 08/23/2016
08/26/2016 08/26/2016 08/26/2016 08/29/2016 08/29/2016 08/29/2016 08/31/2016
09/01/2016 09/01/2016 09/02/2016 09/02/2016

08/18/2016)
193 LETTER MOTION to Seal Document (Joint Letter concerning City's motion for protective order) addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Aug. 22, 2016. Document filed by The City of New York.(Larkin, Arthur) (Entered: 08/22/2016)
194 ORDER denying 193 Motion to Seal Document Only those portions disclosing potentially intrusive information against particular individuals may be redacted. The letter, as thus redacted, shall be filed publicly as a joint motion. That joint motion, insofar as it seeks to take depositions of persons who became Commissioners after the events in issue, is denied. The perceived relevance is small, and the intrusion on public affairs and the undue expense and delay to completing discovery far outweighs any minimal relevance. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 08/23/2016)
195 MOTION to Compel the City to Produce the ESI of Commissioners Ponte and Peters . Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 08/26/2016)
196 DECLARATION of Josh E. Anderson, dated August 26, 2016 in Support re: 195 MOTION to Compel the City to Produce the ESI of Commissioners Ponte and Peters .. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1−2)(Bromley, James) (Entered: 08/26/2016)
197 MEMORANDUM OF LAW in Support re: 195 MOTION to Compel the City to Produce the ESI of Commissioners Ponte and Peters . . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 08/26/2016)
198 MOTION to Preclude and/or for an order taking certain designated facts as established for purposes of this lawsuit, pursuan to Rule 37(b)(2). Document filed by The City of New York.(Larkin, Arthur) (Entered: 08/29/2016)
199 DECLARATION of Arthur G. Larkin in Support re: 198 MOTION to Preclude and/or for an order taking certain designated facts as established for purposes of this lawsuit, pursuan to Rule 37(b)(2).. Document filed by The City of New York. (Larkin, Arthur) (Entered: 08/29/2016)
200 MEMORANDUM OF LAW in Support re: 198 MOTION to Preclude and/or for an order taking certain designated facts as established for purposes of this lawsuit, pursuan to Rule 37(b)(2). . Document filed by The City of New York. (Larkin, Arthur) (Entered: 08/29/2016)
201 SCHEDULING ORDER: Defendants shall file opposition papers to the plaintiffs' motion by Friday, Sept. 2, 2016 at 12:00 PM. Plaintiffs shall file opposition papers to the defendants' motion by Friday, Sept. 2, 2016, at 12:00 PM. The parties shall appear for a status conference, as previously scheduled, on Tuesday, Sept. 6, 2016, at 4:30 PM. Set Deadlines/Hearing as to 195 MOTION to Compel the City to Produce the ESI of Commissioners Ponte and Peters, 198 MOTION to Preclude and/or for an order taking certain designated facts as established for purposes of this lawsuit, pursuan to Rule 37(b)(2): Responses due by 9/2/2016. (Signed by Judge Alvin K. Hellerstein on 8/31/2016) (tn) (Entered: 08/31/2016)
202 MEMORANDUM OF LAW in Opposition re: 198 MOTION to Preclude and/or for an order taking certain designated facts as established for purposes of this lawsuit, pursuan to Rule 37(b)(2). , dated September 1, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 09/01/2016)
203 DECLARATION of Josh E. Anderson, dated September 1, 2016 in Opposition re: 198 MOTION to Preclude and/or for an order taking certain designated facts as established for purposes of this lawsuit, pursuan to Rule 37(b)(2).. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 09/01/2016)
204 MEMORANDUM OF LAW in Opposition re: 195 MOTION to Compel the City to Produce the ESI of Commissioners Ponte and Peters . . Document filed by The City of New York. (Larkin, Arthur) (Entered: 09/02/2016)
205 DECLARATION of Arthur G. Larkin in Opposition re: 195 MOTION to Compel the City to Produce the ESI of Commissioners Ponte and Peters .. Document filed by The

09/02/2016 09/02/2016 09/02/2016
09/02/2016
09/02/2016 09/06/2016 09/08/2016

City of New York. (Larkin, Arthur) (Entered: 09/02/2016)
206 REPLY MEMORANDUM OF LAW in Support re: 198 MOTION to Preclude and/or for an order taking certain designated facts as established for purposes of this lawsuit, pursuan to Rule 37(b)(2). . Document filed by The City of New York. (Larkin, Arthur) (Entered: 09/02/2016)
207 LETTER addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Sept. 2, 2016 re: courtesy copies of motion papers. Document filed by The City of New York.(Larkin, Arthur) (Entered: 09/02/2016)
208 ORDER denying 195 Motion to Compel. Plaintiffs sue the City and a corrections officer for rape while incarcerated and, in the case of the City, for allowing an environment conducive to such unlawful activities by corrections officers. As such, the discovery sought is irrelevant. The commissioners whose emails are sought were appointed after the events in suit. The evidence also is cumulative of substantial other discovery that was obtained.The discovery deadline, September 1, 2016, has passed, after several adjournments. Plaintiffs' motion was filed close to the discovery deadline, and seeks discovery after the deadline. There is no sufficient reason for extending once again the discovery deadline. HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) ORDER denying 195 (Hellerstein, Alvin) (Entered: 09/02/2016)
209 ORDER denying 198 Motion to Preclude. As I previously ordered and now emphasize, both plaintiffs and defendants have tested, or have not concluded testing, the pants worn by Jane Doe 2 for evidence of semen. Tests, not yet concluded, must be concluded in time to make timely disclosure, as ordered below. By noon, September 23, 2016, plaintiffs and defendants shall produce to the other the test procedures they used, the results of the tests, and all related evidence pertaining to those tests. Failure to do so timely is likely to result in an order prohibiting the party guilty of the failure from introducing evidence on the subject of the pants. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 09/02/2016)
210 JOINT LETTER MOTION for Discovery (Redacted) − regarding the City's motion for a protective order/plaintiffs' motion to compel depositions of Commissioners Joseph Ponte and Mark Peters addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Aug. 22, 2016. Document filed by The City of New York.(Larkin, Arthur) (Entered: 09/02/2016)
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 9/6/2016, ( Status Conference set for 12/13/2016 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte) (Entered: 10/06/2016)
211 ORDER RESOLVING DISCOVERY ISSUES AND SETTING STATUS CONFERENCE terminating 210 Letter Motion for Discovery: The parties shall meet and confer on Friday, Sept. 9, 2016 regarding issues of privilege claimed in privilege logs attached to the Declaration of Faye Yelardy in opposition (Ex. A,B,C,D, to Decl. ECF No. 163). If the parties cannot come to agreement, they shall offer submissions by "2E" letter submitted by Sept. 16, 2016. Defendant shall produce the pages of the daily log books that plaintiff requests by Friday, Sept. 23, 2016. Defendant will select the vendor and assume the cost, subject to ultimate consideration as taxable costs. Defendant shall produce information about the whereabouts of missing log books referenced in the record by Friday, Sept. 23, 2016 and, if log books cannot be found, defendant shall provide an appropriate explanation by affidavit of a competent witness. Defendant need not disclose the 14 remaining pages of Moss Group documents. Plaintiffs shall disclose names of their expert witnesses on Wednesday, Sept. 7, 2016 and provide expert reports by Friday, Nov. 4, 2016. Defendant shall disclose names of its expert witnesses by Friday, Oct. 14, 2016 and provide expert reports by Friday, Dec. 9, 2016. There will not be rebuttal reports. On Wednesday, Oct. 19 and Thursday, Oct. 20, 2016, expert witness for both plaintiffs and defendant, accompanied by counsel, may inspect relevant areas of the Rose M. Singer Center. The parties shall appear for a status conference on Tuesday, Dec. 13, 2016, at 2:30 PM. All fact discovery is now closed. I originally resolved the substance of ECF Doc. No. 210 on Aug. 23, 2016 (ECF Doc. No. 194). The clerk shall mark the motions (ECF Doc. No.

09/08/2016 09/16/2016 09/20/2016
09/20/2016
09/20/2016 09/27/2016 09/27/2016 09/28/2016 09/29/2016 10/13/2016 10/16/2016

210) terminated. (Signed by Judge Alvin K. Hellerstein on 9/7/2016) (tn) (Entered: 09/08/2016)
Set/Reset Hearings: Status Conference set for 12/13/2016 at 02:30 PM before Judge Alvin K. Hellerstein. (tn) (Entered: 09/08/2016)
212 JOINT LETTER MOTION for Discovery ruling addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated September 16, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits A−B)(Lowenthal, Mitchell) (Entered: 09/16/2016)
213 TRANSCRIPT of Proceedings re: Conference held on 9/6/2016 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Jerry Harrison, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/22/2016.(Siwik, Christine) (Entered: 09/20/2016)
214 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/6/16 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 09/20/2016)
215 ORDER RESOLVING DISCOVERY ISSUES granting in part and denying in part 212 Letter Motion for Discovery: that eight of these e−mails fall within the work product exemption, and that the City need not produce them. The City need only produce the e−mail bearing Bates ## 9464−65, which was disclosed at a deposition. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/20/2016) (tn). Modified on 10/13/2016 (tn). (Entered: 09/20/2016)
216 LETTER MOTION for Extension of Time to conduct settlement meeting (filed in accordance with the Court's Individual Rule 1−D regarding requests for adjournments) addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Sept. 27, 2016. Document filed by The City of New York.(Larkin, Arthur) (Entered: 09/27/2016)
217 ***STRICKEN DOCUMENT (PDF ONLY). Deleted document number 217 from the case record. The document was stricken from this case pursuant to 219 Order . LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated September 27, 2016 re: In response to the City's request to adjourn the settlement conference 216 , etc.. Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) Modified on 9/30/2016 (cla). (Entered: 09/27/2016)
218 ORDER granting 216 Letter Motion for Extension of Time: The date for conducting settlement discussions is cancelled, in the absence of mutual desire to discuss settlement. (Signed by Judge Alvin K. Hellerstein on 9/28/2016) (tn) (Entered: 09/28/2016)
219 ORDER REMOVING LETTER FROM THE DOCKET: The Clerk shall remove the letter (ECF 217) from the docket. The letter discussed settlement and is inappropriate for public filing. (Signed by Judge Alvin K. Hellerstein on 9/29/2016) (cla) (Entered: 09/29/2016)
220 JOINT LETTER MOTION for Discovery (e.g., an order governing the RMSC site inspection and modification of the Court's scheduling order), with Exhibits A−F addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Oct. 13, 2016. Document filed by The City of New York.(Larkin, Arthur) (Entered: 10/13/2016)
221 ORDER granting in part and denying in part 220 Letter Motion for Discovery1. My prior order requiring a joint inspection by experts and parties' counsel is not modified. Defendants' objections are denied. Counsel shall not argue or debate with one another, or engage in conversations that are likely to interfere with the smooth progression of work by the experts, or question or interview inmates or staff. 2. The dates for

10/27/2016 11/03/2016 11/16/2016
11/17/2016 11/17/2016 11/18/2016 11/20/2016 11/21/2016 11/22/2016

submitting reports will not be changed: November 4, 2016 for plaintiffs, and December 9, 2016 for defendants. These dates, and the requirement of a joint inspection, were ordered in the context of sharp disagreements, and the parties consented to these dates and arrangements. They will not be changed.3. Photography and video and audio−taping is permitted, but only by professionals acceptable to both sides (or chosen by the court, in the absence of agreement), and subject to the protective order suggested by plaintiff. No other photographs or drawings are permissible. The professionals shall photograph and videotape as requested by either party, and deliver their output to both sides at the same time.4. Inspection shall occur at a mutually agreed time during normal business hours. Inspections during the night shift are likely to be disruptive to corrections officials and inmates, and have not been sufficiently justified. Inspection shall be restricted to the areas previously identified by plaintiffs, buildings 8, 9, and 11, and connecting tunnels and corridors, and other areas describe in Exhibit A to the parties joint letter, or as otherwise may be mutually agreed. If plaintiffs wish to inspect additional areas, they must show cause to do so at another time. If plaintiff wishes to take a "30(b)(6)" deposition to document changes in duties and personnel between the shift during inspection and the night shift during the times alleged in the complaint, plaintiff may notice such a deposition, and take same, within two weeks following the site inspection.4A. There shall be no separate inspection of keys. locks, locking mechanisms, keyholes, doorknobs, and/or other similar equipment securing doors, gates and windows. The door to the panty adjoining buildings 9 and 11 may be inspected.5. No order will issue at this time regarding an inspection of the DOI trailer, since there is no outstanding request. 6. Additional protective orders are not useful and will not be issued. There already is an effective protective order in place. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 10/16/2016)
222 CONSENT LETTER MOTION for Extension of Time to complete Rule 30(b)(6) deposition addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Oct. 27, 2016. Document filed by The City of New York.(Larkin, Arthur) (Entered: 10/27/2016)
223 ORDER granting 222 Letter Motion for Extension of Time to complete Rule 30(b)(6) deposition. So ordered. (Deposition due by 11/21/2016.) (Signed by Judge Alvin K. Hellerstein on 11/3/2016) (cla) (Entered: 11/03/2016)
224 FILING ERROR − DEFICIENT DOCKET ENTRY (SEE 226 Letter Motion) − JOINT LETTER MOTION for Discovery concerning the public filing of expert reports, etc. addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated November 16, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits A − B)(Lowenthal, Mitchell) Modified on 11/18/2016 (db). (Entered: 11/16/2016)
225 JOINT LETTER MOTION for Discovery (an order transferring Jane Doe 1 to DOC custody for Rule 35 exam, and for a two−week extension of certain deadlines) addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Nov. 17, 2016. Document filed by The City of New York.(Larkin, Arthur) (Entered: 11/17/2016)
226 JOINT LETTER MOTION for Discovery concerning the public filing of expert reports, etc. addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated November 16, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits A − B)(Lowenthal, Mitchell) (Entered: 11/17/2016)
227 LETTER addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Nov. 18, 2016 re: Dkt. 224, 226. Document filed by The City of New York.(Larkin, Arthur) (Entered: 11/18/2016)
228 LETTER MOTION for Extension of Time to complete Rule 30(b)(6) deposition addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Nov. 20, 2016. Document filed by The City of New York.(Larkin, Arthur) (Entered: 11/20/2016)
229 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated November 21, 2016 re: In response to the City's letter motion 228 , etc.. Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) (Entered: 11/21/2016)
230 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated November 22, 2016 re: in response to the City's letter motion filed November 20, 2016

11/28/2016
12/02/2016 12/06/2016 12/08/2016 12/09/2016 12/09/2016

228 , etc.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lowenthal, Mitchell) (Entered: 11/22/2016)
231 ORDER RESOLVING DISCOVERY ISSUES AND SETTING STATUS CONFERENCE denying 225 Letter Motion for Discovery (an order transferring Jane Doe 1 to DOC custody for Rule 35 exam, and for a two−week extension of certain deadlines); denying 226 Letter Motion for Discovery concerning the public filing of expert reports, etc.; denying 228 Letter Motion for Extension of Time to complete Rule 30(b)(6) deposition. Defendants' request for a two−week extension from December 9 to December 23, 2016 to produce its expert reports is DENIED. My order of October 16, 2016 resolving issues put before me at the time provided that "[t]he dates for submitting reports will not be changed." ECF No. 221. Defendants make no showing other than their inconvenience that they could not produce the expert report on time. Defendant's request to move Jane Doe 1 from Bedford to BHPW to conduct the Rule 35 exam is DENIED. The inconvenience to the defendants' expert of driving an additional 40 miles to Bedford Hills is outweighed by the risk of aggravating Jane Doe 1's symptoms of PTSD, as testified to by Dr. Karen B. Rosenbaum, the examining physician. See Expert Report of Karen B. Rosenbaum, M.D., regarding Jane Doe 1. Pursuant to Fed. R. Civ. P. 5(d)(l), all expert reports need not be filed on ECF until they are "used in proceedings." Rule 5(d) states "Rule 26(a)(1) or (2)... requests and responses must not be filed until they are used in the proceeding or the court orders filing." According to the Advisory Committee Note, "this filing requirement is not triggered by "use" of discovery materials in other discovery activities, such as depositions... Once discovery or disclosure materials are used in the proceeding, the filing requirements of Rule 5(d) should apply to them." I decline to order the filings of the extensive reports of the experts. Defendants' request to extend the Rule 30(b)(6) deposition that I authorized in my order on October 16, 2016 from Nov. 21 to Dec. 21 is DENIED. This deposition has already been extended from Nov. 3 to Nov. 21, 2016. ECF 223. Defendants are to produce an appropriate witness immediately. I reiterate that the purpose of the deposition is for the plaintiff "to document changes in duties and personnel between the shift during inspection and the night shift during the times alleged in the complaint." ECF 221. To the extent that questioning is relevant but goes beyond the scope, the witness will testify based upon his knowledge, but that testimony will not bind the party. The clerk shall mark the motions (ECF Doc. No. 225, 226, and 228) terminated. (Signed by Judge Alvin K. Hellerstein on 11/28/2016) (cla) (Entered: 11/28/2016)
232 MOTION for Julie A. Ortiz to Withdraw as Attorney and from the docket. Document filed by Benny Santiago.(Ortiz, Julie) (Entered: 12/02/2016)
233 MEMO ENDORSEMENT granting 232 Motion to Withdraw as Attorney and from the docket. ENDORSEMENT: SO ORDERED. (Attorney Julie Ann Ortiz terminated.) (Signed by Judge Alvin K. Hellerstein on 12/4/2016) (cla) (Entered: 12/06/2016)
234 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − JOINT LETTER MOTION for Discovery re: Plaintiffs' request for an order compelling production of certain items addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated December 6, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits A−I)(Lowenthal, Mitchell) Modified on 12/9/2016 (db). (Entered: 12/08/2016)
***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Notice to Attorney Mitchell A. Lowenthal to RE−FILE Document 234 JOINT LETTER MOTION for Discovery re: Plaintiffs' request for an order compelling production of certain items addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated December 6, 2016. Use the event type Compel found under the event list Motion (Letter). (db) (Entered: 12/09/2016)
235 LETTER MOTION to Compel Defendant the City of New York to turn over all documents re chain of custody for pants owned by Jane Doe 2, a declaration re missing RMSC logbooks, all RMSC inmate 'count slips' and the DOC evidence handling policy in effect in February, 2013 , addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated December 8, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits A − I)(Lowenthal, Mitchell) (Entered: 12/09/2016)

12/09/2016 12/09/2016 12/09/2016 12/09/2016 12/12/2016
12/12/2016 12/12/2016 12/12/2016 12/12/2016 12/13/2016 12/13/2016 12/13/2016

236 MOTION to Preclude plaintiff Jane Doe 1 from introducing evidence of her claimed damages and/or to dismiss all of Jane Doe 1's claims for damages, and for monetary sanctions, due to her refusal to attend Rule 35 examination. Document filed by The City of New York.(Larkin, Arthur) (Entered: 12/09/2016)
237 DECLARATION of Manuel Lopez−Leon, M.D. in Support re: 236 MOTION to Preclude plaintiff Jane Doe 1 from introducing evidence of her claimed damages and/or to dismiss all of Jane Doe 1's claims for damages, and for monetary sanctions, due to her refusal to attend Rule 35 examination.. Document filed by The City of New York. (Larkin, Arthur) (Entered: 12/09/2016)
238 MEMORANDUM OF LAW in Support re: 236 MOTION to Preclude plaintiff Jane Doe 1 from introducing evidence of her claimed damages and/or to dismiss all of Jane Doe 1's claims for damages, and for monetary sanctions, due to her refusal to attend Rule 35 examination. . Document filed by The City of New York. (Larkin, Arthur) (Entered: 12/09/2016)
239 DECLARATION of Arthur G. Larkin in Support re: 236 MOTION to Preclude plaintiff Jane Doe 1 from introducing evidence of her claimed damages and/or to dismiss all of Jane Doe 1's claims for damages, and for monetary sanctions, due to her refusal to attend Rule 35 examination.. Document filed by The City of New York. (Larkin, Arthur) (Entered: 12/09/2016)
240 DECLARATION of Josh E. Anderson, dated December 12, 2016 in Opposition re: 236 MOTION to Preclude plaintiff Jane Doe 1 from introducing evidence of her claimed damages and/or to dismiss all of Jane Doe 1's claims for damages, and for monetary sanctions, due to her refusal to attend Rule 35 examination.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1 − 7 (REDACTED))(Bromley, James) (Entered: 12/12/2016)
241 DECLARATION of Marlen S. Bodden, dated December 12, 2016 in Opposition re: 236 MOTION to Preclude plaintiff Jane Doe 1 from introducing evidence of her claimed damages and/or to dismiss all of Jane Doe 1's claims for damages, and for monetary sanctions, due to her refusal to attend Rule 35 examination.. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 12/12/2016)
242 MEMORANDUM OF LAW in Opposition re: 236 MOTION to Preclude plaintiff Jane Doe 1 from introducing evidence of her claimed damages and/or to dismiss all of Jane Doe 1's claims for damages, and for monetary sanctions, due to her refusal to attend Rule 35 examination. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 12/12/2016)
243 MOTION to Seal Document 240 Declaration in Opposition to Motion, /Notice of Motion to seal Exhibits 4, 5, 6 and 7 to the Anderson Declaration in Opposition, etc.. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 12/12/2016)
244 MEMORANDUM OF LAW in Support re: 243 MOTION to Seal Document 240 Declaration in Opposition to Motion, /Notice of Motion to seal Exhibits 4, 5, 6 and 7 to the Anderson Declaration in Opposition, etc.. , dated December 12, 2016. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 12/12/2016)
245 REPLY MEMORANDUM OF LAW in Support re: 236 MOTION to Preclude plaintiff Jane Doe 1 from introducing evidence of her claimed damages and/or to dismiss all of Jane Doe 1's claims for damages, and for monetary sanctions, due to her refusal to attend Rule 35 examination. . Document filed by The City of New York. (Larkin, Arthur) (Entered: 12/13/2016)
246 DECLARATION of Jane Doe 1, dated December 13, 2016, in Opposition re: 236 MOTION to Preclude plaintiff Jane Doe 1 from introducing evidence of her claimed damages and/or to dismiss all of Jane Doe 1's claims for damages, and for monetary sanctions, due to her refusal to attend Rule 35 examination.. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 12/13/2016)
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 12/13/2016, ( Motions due by 1/13/2017., Replies due by 2/15/2017., Responses due by 2/3/2017, Show Cause Hearing set for 3/9/2017 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte) (Entered: 01/06/2017)

12/16/2016
12/16/2016 12/30/2016 12/30/2016 01/06/2017 01/06/2017 01/09/2017 01/13/2017 01/13/2017

247 ORDER RESOLVING DISCOVERY ISSUES terminating 235 Letter Motion to Compel; terminating 236 Motion to Preclude. At a hearing held December 13, 2016, arising from a joint letter of December 8, 2016 identifying discovery disputes, the following rulings were issued: Plaintiffs' discovery requests for additional production is DENIED, as further set out in the order. All experts' discovery will be completed by February 13, 2017. Any motions for summary judgment, or as to the scope of trial, or as to the sequence of legal and equitable remedies, or as to the class aspects of the class shall be filed by January 13, 2017. Opposition papers shall be filed by February 3, 2017; reply papers, by February 15, 2017. The next status conference will be held March 9, 2017, 2:30 p.m., Courtroom 14D, to set dates for trial and final pre−trial conference, and to regulate all related matters. The Clerk shall mark the motions (ECF Doc. No. 235 and 236) terminated. (Signed by Judge Alvin K. Hellerstein on 12/15/2016) (cla) (Entered: 12/16/2016)
Set/Reset Deadlines: ( Expert Discovery due by 2/13/2017., Motions due by 1/13/2017., Responses due by 2/3/2017, Replies due by 2/15/2017.), Set/Reset Hearings:( Status Conference set for 3/9/2017 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (cla) (Entered: 12/16/2016)
248 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/13/2016 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Andrew Walker, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/20/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/30/2017.(McGuirk, Kelly) (Entered: 12/30/2016)
249 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 12/13/16 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 12/30/2016)
250 FIRST LETTER MOTION for Extension of Time to File Affidavit addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated January 6, 2017., FIRST LETTER MOTION for Extension of Time to Complete Discovery by turning over any documents found during a search of the off−site facility addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated January 6, 2017. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 01/06/2017)
251 LETTER RESPONSE in Opposition to Motion addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated January 6, 2017 re: 250 FIRST LETTER MOTION for Extension of Time to File Affidavit addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated January 6, 2017.FIRST LETTER MOTION for Extension of Time to Complete Discovery by turning over any documents found during a search of the off−site facility addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated January 6, 2017. . Document filed by Jane Doe 1, Jane Doe 2. (Lowenthal, Mitchell) (Entered: 01/06/2017)
252 ORDER granting 250 Letter Motion for Extension of Time to File Affidavit; Letter Motion for Extension of Time to Complete Discovery by turning over any documents found during a search of the off−site facility. So Ordered. (Signed by Judge Alvin K. Hellerstein on 1/9/2017) (cla) (Entered: 01/09/2017)
253 MOTION to Seal /Notice of Motion for an Order Directing the Public Filing, with Limited Redactions, of Exhibits to Summary Judgment Motion, or in the Alternative, to File Those Exhibits Under Seal, dated January 13, 2017 (with proposed order). Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 01/13/2017)
254 MEMORANDUM OF LAW in Support re: 253 MOTION to Seal /Notice of Motion for an Order Directing the Public Filing, with Limited Redactions, of Exhibits to Summary Judgment Motion, or in the Alternative, to File Those Exhibits Under Seal, dated January 13, 2017 (with proposed order). . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 01/13/2017)

01/13/2017 01/13/2017
01/13/2017 01/13/2017 01/13/2017 01/13/2017 01/13/2017 01/13/2017 01/13/2017 01/13/2017 01/13/2017 01/13/2017 01/13/2017 01/13/2017 01/13/2017

255 MOTION for Partial Summary Judgment /Notice of Plaintiffs' Motion to Narrow the Issues for Trial and/or for Partial Summary Judgment, dated January 13, 2017. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 01/13/2017)
256 DECLARATION of Josh E. Anderson, dated January 13, 2017 in Support re: 255 MOTION for Partial Summary Judgment /Notice of Plaintiffs' Motion to Narrow the Issues for Trial and/or for Partial Summary Judgment, dated January 13, 2017.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1−7, # 2 Exhibits 8−9, # 3 Exhibit 10, # 4 Exhibit 11, # 5 Exhibit 12 (Redacted), # 6 Exhibit 13, # 7 Exhibit 14 (Redacted), # 8 Exhibit 15)(Bromley, James) (Entered: 01/13/2017)
257 RULE 56.1 STATEMENT. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 01/13/2017)
258 MEMORANDUM OF LAW in Support re: 255 MOTION for Partial Summary Judgment /Notice of Plaintiffs' Motion to Narrow the Issues for Trial and/or for Partial Summary Judgment, dated January 13, 2017. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 01/13/2017)
259 FIRST MOTION to Bifurcate the trial of plaintiffs' claims against Santiago, and against the City. Document filed by The City of New York.(Larkin, Arthur) (Entered: 01/13/2017)
260 MEMORANDUM OF LAW in Support re: 259 FIRST MOTION to Bifurcate the trial of plaintiffs' claims against Santiago, and against the City. . Document filed by The City of New York. (Larkin, Arthur) (Entered: 01/13/2017)
261 MOTION to Approve /Notice of Plaintiffs' Motion For An Order Requiring That the Issue of Liability with Respect to the Potential Class Claim be Tried to a Jury, dated January 13, 2017 . Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 01/13/2017)
262 MEMORANDUM OF LAW in Support re: 261 MOTION to Approve /Notice of Plaintiffs' Motion For An Order Requiring That the Issue of Liability with Respect to the Potential Class Claim be Tried to a Jury, dated January 13, 2017 . . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 01/13/2017)
263 MOTION for Partial Summary Judgment dismissing Jane Doe 1's claims on the grounds that they are time−barred, and excluding certain evidence at any trial. Document filed by The City of New York. Responses due by 2/3/2017(Larkin, Arthur) (Entered: 01/13/2017)
264 DECLARATION of Capt. Tyrone Carter in Support re: 263 MOTION for Partial Summary Judgment dismissing Jane Doe 1's claims on the grounds that they are time−barred, and excluding certain evidence at any trial.. Document filed by The City of New York. (Larkin, Arthur) (Entered: 01/13/2017)
265 DECLARATION of Cynthia Wynn in Support re: 263 MOTION for Partial Summary Judgment dismissing Jane Doe 1's claims on the grounds that they are time−barred, and excluding certain evidence at any trial.. Document filed by The City of New York. (Larkin, Arthur) (Entered: 01/13/2017)
266 DECLARATION of Arthur G. Larkin in Support re: 263 MOTION for Partial Summary Judgment dismissing Jane Doe 1's claims on the grounds that they are time−barred, and excluding certain evidence at any trial.. Document filed by The City of New York. (Larkin, Arthur) (Entered: 01/13/2017)
267 RULE 56.1 STATEMENT. Document filed by The City of New York. (Larkin, Arthur) (Entered: 01/13/2017)
268 MEMORANDUM OF LAW in Support re: 263 MOTION for Partial Summary Judgment dismissing Jane Doe 1's claims on the grounds that they are time−barred, and excluding certain evidence at any trial. . Document filed by The City of New York. (Larkin, Arthur) (Entered: 01/13/2017)
269 FIRST LETTER MOTION to Seal Document (motion for partial summary judgment and supporting papers, including all Exhibits, filed on docket in redacted form, except for the exhibits addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Jan. 13, 2017. Document filed by The City of New York.(Larkin, Arthur) (Entered:

01/13/2017 01/17/2017 01/18/2017 01/18/2017
01/18/2017 01/18/2017 01/18/2017
01/18/2017
01/19/2017
01/19/2017 01/19/2017 01/19/2017

01/13/2017)
270 DECLARATION of Correction Officer Smalls relating to the Court ordered search of an off−site facility for certain outstanding documents (Dkt.252). Document filed by The City of New York. (Joyce, Kimberly) (Entered: 01/13/2017)
271 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated January 17, 2017 re: unresolved issues related to expert discovery. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Ex. A)(Lowenthal, Mitchell) (Entered: 01/17/2017)
272 LETTER addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Jan. 18, 2017 re: response to plaintiffs' letter of yesterday's date (Dkt. 271). Document filed by The City of New York.(Larkin, Arthur) (Entered: 01/18/2017)
273 ORDER GRANTING MOTION TO DIRECT THE PUBLIC FILING, WITH LIMITED REDACTIONS, OF EXHIBITS TO SUMMARY JUDGMENT MOTION re: 253 Motion to Seal. IT IS HEREBY ORDERED that the Motion is GRANTED; and IT IS FURTHER ORDERED that Plaintiffs shall publicly file Exhibits 1−7 and 10 of the Anderson Declaration, with limited redactions to those exhibits to protect the identities of Plaintiffs and other current or former RMSC inmates pursuant to Paragraphs 1(a) and 1(b) of the Protective Order Concerning Confidential Information, ECF No. 24. (Signed by Judge Alvin K. Hellerstein on 1/18/2017) (cla) (Entered: 01/18/2017)
274 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated January 18, 2017 re: in response to the City's letter filed earlier today, ECF No. 272, etc.. Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) (Entered: 01/18/2017)
275 LETTER addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Jan. 18, 2017 re: Plaintiffs' motion for "summary judgment" (Dkt. 255−58). Document filed by The City of New York.(Larkin, Arthur) (Entered: 01/18/2017)
276 MEMO ENDORSEMENT on re: 272 Letter re: response to plaintiffs' letter of yesterday's date (Dkt. 271), filed by The City of New York. ENDORSEMENT: Motion to enlarge period for discovery is denied. Defendants' counsel cannot choose which of several court commitments they choose to honor. The dates in this case were set in advance, and admit of no enlargements. (Signed by Judge Alvin K. Hellerstein on 1/18/2017) (cla) (Entered: 01/18/2017)
277 MEMO ENDORSEMENT on re: 271 Letter re: unresolved issues related to expert discovery filed by Jane Doe 1, Jane Doe 2. ENDORSEMENT: Denied, since no relief is requested. Defendants, if they fail to take discovery offered to them, will be in default, risking foreclosure of their rights to take depositions. If defendants fail to proffer dates to depose defendants' experts, defendants' rights to present experts' testimony will be foreclosed. (Signed by Judge Alvin K. Hellerstein on 1/18/2017) (cla) (Entered: 01/18/2017)
278 DECLARATION of Josh E. Anderson, dated January 13, 2017 (redacted pursuant to January 18, 2017 Order 273 ) in Support re: 255 MOTION for Partial Summary Judgment /Notice of Plaintiffs' Motion to Narrow the Issues for Trial and/or for Partial Summary Judgment, dated January 13, 2017.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1−7, # 2 Exhibits 8−9, # 3 Exhibit 10, # 4 Exhibit 11, # 5 Exhibit 12, # 6 Exhibit 13, # 7 Exhibit 14, # 8 Exhibit 15)(Bromley, James) (Entered: 01/19/2017)
279 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated January 19, 2017 re: the City's January 18 letter 275 . Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) (Entered: 01/19/2017)
280 LETTER addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Jan. 19, 2017 re: Plaintiffs' letter of today's date (Dkt. 279) in response to ours (Dkt. 275). Document filed by The City of New York.(Larkin, Arthur) (Entered: 01/19/2017)
281 ORDER granting 269 Motion to Seal Document (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 01/19/2017)

01/19/2017 01/19/2017
01/19/2017 01/20/2017 01/20/2017
01/20/2017 02/03/2017 02/03/2017

282 ORDER granting 243 Motion to Seal Document (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 01/19/2017)
283 ORDER DENYING MOTIONS REGARDING NATURE OF TRIAL denying 259 Motion to Bifurcate; denying 261 Motion to Approve. This order deals with two motions: (1) A motion by defendants to bifurcate trial of the plaintiffs' claims against the individual defendant, Benny Santiago, from a trial of the claims against the City of New York (the "Monell Claims") (ECF #259); and (2) plaintiffs' motion to bifurcate a trial of the issue of liability with respect to potential class claims, from all other claims (ECF #261 ). Both motions are denied as premature. A status conference is scheduled to be held on March 9, 2017 at 2:30 pm, by which time all discovery, including experts' discovery, should have been completed, as well as all other pretrial proceedings. The agenda of that meeting, set in the previous status conference on December 13, 2016, is to ascertain if there is any prospect of settlement, to discuss the appropriateness of identifying the two plaintiffs, and to set dates for the final pretrial conference and for the trial. There also is a pending motion by the defendants for summary judgment to dismiss the claim of one of the two plaintiffs as time barred. This motion must be determined before the scope of trial can be defined. Thus, it is premature at this time to discuss the scope of trial. Having said all of this, my preliminary thoughts are as follows: 1. The issues for a jury should be tried first. The trial will encompass the claims for damages by the plaintiffs (to the extent they remain) against the defendants, with the exception of the Monell Claims. The jury verdict should cover liability and damages. 2. Should the Monell Claims also be tried by the jury? I should think not because no further recovery, and no further increase of the verdict, will be implicated. 3. The Monell Claims, and the class claims seem to me equitable in nature, not triable to a jury. The bench trial will follow immediately after the jury's verdict, and would not repeat the evidence introduced to the jury. Comments by counsel will be entertained at the next status conference on March 9, 2017, at 2:30 pm. Counsel also may wish to comment on the contents and timing of a Rule 23(b)(2) notice. The Clerk shall mark ECF documents #259 and 261 as terminated. (Signed by Judge Alvin K. Hellerstein on 1/19/2017) (mro) Modified on 1/23/2017 (mro). (Entered: 01/20/2017)
Set/Reset Hearings: Status Conference set for 3/9/2017 at 02:30 PM before Judge Alvin K. Hellerstein. (mro) (Entered: 01/23/2017)
284 MEMO ENDORSEMENT on re: 275 Letter re: Plaintiffs' motion for "summary judgment" (Dkt. 255−58) filed by The City of New York. ENDORSEMENT: Rejected. Opposition to a motion shall be by affidavit and briefs, not by letter. (Signed by Judge Alvin K. Hellerstein on 1/19/2017) (cla) (Entered: 01/20/2017)
285 ORDER denying 255 Motion for Partial Summary Judgment. Plaintiffs' motion is not properly a motion for summary judgment or a motion to define the scope of trial. Rather, it is a motion to declare a certain item of evidence incompetent or irrelevant There will be time to make such a motion at the final pre trial conference.Plaintiffs' argue in their motion that a pair of pants, said to have been worn by one of the plaintiffs at the time she was raped, should not be introduced in evidence. Presumably, defendants want to show that there were no semen stains on the pants, and that the plaintiff's testimony that there were such stains is not credible. Plaintiffs argue that defendants' testimony would be unreliable because of broken lines of custody concerning the pants. By the final pre−trial conference, the parties should know exactly what testimony will be offered. That will be the time for motions in limine, regarding the admissibility of proofs. Plaintiffs' motion is premature. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 01/20/2017)
286 SEALED DOCUMENT placed in vault.(rz) (Entered: 01/20/2017)
287 LETTER addressed to Judge Alvin K. Hellerstein from Liam L. Castro dated 2/2/2017 re: Join in City of New York's Motion for Summary Judgement. Document filed by Benny Santiago.(Castro, Liam) (Entered: 02/03/2017)
288 MOTION to Seal Document /Notice of Motion Directing the Public Filing of Exhibit 9 of the Declaration of Josh E. Anderson, dated February 3, 2017, or in the Alternative to File that Exhibit Under Seal, with proposed Order. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 02/03/2017)

02/03/2017
02/03/2017 02/03/2017 02/03/2017
02/06/2017 02/09/2017 02/09/2017 02/10/2017 02/10/2017 02/15/2017 02/15/2017 02/15/2017 02/16/2017
02/16/2017

289 MEMORANDUM OF LAW in Support re: 288 MOTION to Seal Document /Notice of Motion Directing the Public Filing of Exhibit 9 of the Declaration of Josh E. Anderson, dated February 3, 2017, or in the Alternative to File that Exhibit Under Seal, with proposed Order. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 02/03/2017)
290 FILING ERROR − DEFICIENT DOCKET ENTRY (SEE DOCUMENT #293) − COUNTER STATEMENT TO 267 Rule 56.1 Statement. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) Modified on 2/13/2017 (ldi). (Entered: 02/03/2017)
291 MEMORANDUM OF LAW in Opposition re: 263 MOTION for Partial Summary Judgment dismissing Jane Doe 1's claims on the grounds that they are time−barred, and excluding certain evidence at any trial. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 02/03/2017)
292 DECLARATION of Josh E. Anderson, dated February 3, 2017 in Opposition re: 263 MOTION for Partial Summary Judgment dismissing Jane Doe 1's claims on the grounds that they are time−barred, and excluding certain evidence at any trial.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibits 1−3 [Redacted], # 2 Exhibits 4−9 [Redacted])(Bromley, James) (Entered: 02/03/2017)
293 COUNTER STATEMENT TO 267 Rule 56.1 Statement. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 02/06/2017)
294 NOTICE OF APPEARANCE by Peter William Brocker on behalf of The City of New York. (Brocker, Peter) (Entered: 02/09/2017)
295 LETTER MOTION for Extension of Time to Complete Discovery request for 1−day extension of time to complete expert discovery addressed to Judge Alvin K. Hellerstein from Kimberly M. Joyce dated February 9, 2017. Document filed by The City of New York.(Joyce, Kimberly) (Entered: 02/09/2017)
296 ORDER granting 295 Letter Motion for Extension of Time to Complete Discovery request for 1−day extension of time to complete expert discovery. So ordered. (Signed by Judge Alvin K. Hellerstein on 2/10/2017) (cla) (Entered: 02/10/2017)
Set/Reset Deadlines: Expert Discovery due by 2/14/2017. (cla) (Entered: 02/10/2017)
297 REPLY MEMORANDUM OF LAW in Support re: 263 MOTION for Partial Summary Judgment dismissing Jane Doe 1's claims on the grounds that they are time−barred, and excluding certain evidence at any trial. . Document filed by The City of New York. (Larkin, Arthur) (Entered: 02/15/2017)
298 DECLARATION of Arthur G. Larkin in Support re: 263 MOTION for Partial Summary Judgment dismissing Jane Doe 1's claims on the grounds that they are time−barred, and excluding certain evidence at any trial.. Document filed by The City of New York. (Larkin, Arthur) (Entered: 02/15/2017)
299 LETTER MOTION to Seal Document (reply declaration with exhibits) addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Feb. 15, 2017. Document filed by The City of New York.(Larkin, Arthur) (Entered: 02/15/2017)
300 ORDER denying 299 Motion to Seal Document. Denied. However, the identity of Jane Doe, and so much of the experts report and other exhibits that can identify her, may be redacted from filed documents. Any filing to the contrary shall be withdrawn from ECF. Full redacted courtesy copies showing anything redacted, shall be furnished to Chambers. (Signed by Judge Alvin K. Hellerstein on 2/16/2017) (cla) (Entered: 02/16/2017)
301 ORDER denying 263 Motion for Partial Summary Judgment. Although allegations of rape occurring prior to May 19, 2012 are outside the three−year period of limitations, the acts may be relevant to prove that rapes occurred within the three−year period of limitations. Defendant Santiago's denial of rapes alleged to have occurred in November, 2012 cause these prior incidents to have relevance. See FRE 404(b)(2), 415. The court will exercise its discretion to limit such pre−limitations proofs to avoid prejudice and digression. See FRE 403. Furthermore, the rapes alleged to have occurred in the pre−limitations period may be actionable under the doctrine of equitable tolling. See Noguera v. Hasty, No. 99 CIV. 8786, 2001 WL 243535, at *5−6

02/21/2017 02/28/2017 03/15/2017
03/15/2017 03/17/2017 03/20/2017
03/21/2017 03/21/2017 03/21/2017

(S.D.N.Y. Mar. 12, 2001). The allegations that Defendant Santiago obtained plaintiff's silence and refrain from filing suit by threats and bribes raise issues of fact. These will be explored in an evidentiary hearing held immediately prior to trial. Accordingly, defendants' motion for partial summary judgment is denied. The next event in this case is the status conference scheduled to be held March 9, 2017, at 2:30 p.m. It will be held on the following day, March 10, 2017, at 11:00 a.m. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 02/16/2017)
302 CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated Feb. 21, 2017. Document filed by The City of New York.(Larkin, Arthur) (Entered: 02/21/2017)
303 ORDER granting 302 Letter Motion to Adjourn Conference. The status conference scheduled for 3/10/2017 is adjourned to 3/20/2017 at 4:00 p.m. (Status Conference set for 3/20/2017 at 04:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/28/2017) (cla) (Entered: 02/28/2017)
304 ORDER TO SET AGENDA FOR STATUS CONFERENCE: The parties shall submit by joint letter by 12:00 p.m. this Friday, March 17, 2017 an agenda for the status conference to be held on March 20, 2017 at 4:00 p.m. The Court currently believes that the following structure and sequencing of issues for trial is appropriate: 1. A hearing on whether the Jane Doe 1 's allegations of rape that occurred before May 19, 2012 are actionable under the doctrine of equitable tolling. 2. A trial (or trials) for damages and liability on plaintiffs' Monell claims and claims against Santiago. The parties shall suggest to the Court whether to try all claims in a single trial or to bifurcate plaintiffs' individual claims. 3. If necessary, a bench trial where the Court will try plaintiffs' claims for equitable remedies. The parties shall offer their opinions on this proposal at the conference, and can make recommendations and propose alternatives. The City shall also inform the Court at the conference whether it will pay for any liability that attaches to Santiago. If it will, then the parties shall brief the issue of whether it is necessary to try the Monell claims to a jury if Santiago is found liable. Furthermore, the parties shall offer their opinion on how, if at all, the pending appeal of the denial of class certification should affect the hearing and trials. (Signed by Judge Alvin K. Hellerstein on 3/15/2017) (cla) Modified on 3/21/2017 (cla). (Entered: 03/15/2017)
305 LETTER addressed to Judge Alvin K. Hellerstein from James L. Bromley dated March 15, 2017 re: authority concerning jury right for Plaintiffs' Monell damages claims. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 03/15/2017)
306 JOINT LETTER addressed to Judge Alvin K. Hellerstein from James L. Bromley dated March 17, 2017 re: proposed agenda for March 20, 2017 status conference. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 03/17/2017)
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 3/20/2017, ( Evidentiary Hearing set for 5/8/2017 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein., Final Pretrial Conference set for 5/1/2017 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein., Jury Trial set for 5/9/2017 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Court Reporter Karen Gorlaski) (Jones, Brigitte) (Entered: 03/22/2017)
307 ORDER SCHEDULING TRIAL: The Court will hold an evidentiary hearing on May 8, 2017 at 10:00 a.m. Motions due by 4/24/2017. Final Pretrial Conference set for 5/1/2017 at 10:00 AM before Judge Alvin K. Hellerstein. Proposed Pretrial Order due by 4/24/2017. Jury Trial set for 5/9/2017 at 10:00 AM before Judge Alvin K. Hellerstein. Trial will not be held on May 11 or May 12, 2017. (Signed by Judge Alvin K. Hellerstein on 3/21/2017) (cla) (Entered: 03/21/2017)
Set/Reset Hearings: Evidentiary Hearing set for 5/8/2017 at 10:00 AM before Judge Alvin K. Hellerstein. (cla) (Entered: 03/21/2017)
Set/Reset Hearings: Jury Selection set for 5/9/2017 at 10:00AM before Judge Alvin K. Hellerstein. (cla) (Entered: 03/24/2017)

03/24/2017 03/27/2017 03/27/2017 03/28/2017 04/03/2017
04/03/2017
04/04/2017 04/06/2017
04/06/2017 04/12/2017 04/13/2017 04/13/2017 04/13/2017

308 JOINT LETTER addressed to Judge Alvin K. Hellerstein from James L. Bromley dated March 24, 2017 re: requesting approval of a stipulated briefing schedule. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 03/24/2017)
309 MOTION for Indicative Ruling on Plaintiffs' Renewed Motion for Class Certification . Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Text of Proposed Order)(Bromley, James) (Entered: 03/27/2017)
310 MEMORANDUM OF LAW in Support re: 309 MOTION for Indicative Ruling on Plaintiffs' Renewed Motion for Class Certification . . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 03/27/2017)
311 MEMO ENDORSEMENT on re: 308 Letter re: requesting approval of a stipulated briefing schedule filed by Jane Doe 1, Jane Doe 2. ENDORSEMENT: So Ordered. (Motions due by 4/17/2017., Responses due by 4/14/2017, Replies due by 4/24/2017.) (Signed by Judge Alvin K. Hellerstein on 3/28/2017) (cla) (Entered: 03/28/2017)
312 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/20/2017 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Kelly Surina, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/24/2017. Redacted Transcript Deadline set for 5/4/2017. Release of Transcript Restriction set for 7/3/2017.(McGuirk, Kelly) (Entered: 04/03/2017)
313 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/20/17 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 04/03/2017)
314 LETTER MOTION for Extension of Time 60−Day Continuance of Trial and 60−Day Extension of the Pre−Trial Deadlines addressed to Judge Alvin K. Hellerstein from Liam Castro dated 4/4/2017. Document filed by Benny Santiago. (Attachments: # 1 Exhibit Treating Physician's Summary Report)(Castro, Liam) (Entered: 04/04/2017)
315 ORDER DENYING CONTINUANCE. Defendant Benny Santiago's request for a continuance is denied without prejudice. Santiago should move formally, supported by affidavits and briefs, for appropriate relief, and as further set forth in this Order. The motion and supporting papers shall be filed by April 14, 2017; opposition papers by April 19, 2017. A hearing will be held on April 21, 2017 at 11:00 a.m. The Clerk shall terminate the motion (ECF 314 ). SO ORDERED. Denying 314 LETTER MOTION for Extension of Time 60−Day Continuance of Trial and 60−Day Extension of the Pre−Trial Deadlines addressed to Judge Alvin K. Hellerstein from Liam Castro dated 4/4/2017. Document filed by Benny Santiago. (Signed by Judge Alvin K. Hellerstein on 4/6/2017) (rjm) (Entered: 04/07/2017)
Set/Reset Deadlines: (Motions due by 4/14/2017. Responses due by 4/19/2017), Set/Reset Hearings: (Oral Argument set for 4/21/2017 at 11:00 AM before Judge Alvin K. Hellerstein.) (rjm) (Entered: 04/07/2017)
316 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − MOTION for Ryan D. Budhu to Withdraw as Attorney . Document filed by The City of New York.(Budhu, Ryan) Modified on 5/24/2017 (ldi). (Entered: 04/12/2017)
317 FIRST MOTION for Writ of Habeas Corpus Ad Testificandum as to Misty Wilson . Document filed by Jane Doe 1, Jane Doe 2.(Bodden, Marlen) (Entered: 04/13/2017)
318 FIRST MEMORANDUM OF LAW in Support re: 317 FIRST MOTION for Writ of Habeas Corpus Ad Testificandum as to Misty Wilson . . Document filed by Jane Doe 1, Jane Doe 2. (Bodden, Marlen) (Entered: 04/13/2017)
319 DECLARATION of Marlen S. Bodden in Support re: 317 FIRST MOTION for Writ of Habeas Corpus Ad Testificandum as to Misty Wilson .. Document filed by Jane Doe 1, Jane Doe 2. (Bodden, Marlen) (Entered: 04/13/2017)

04/14/2017
04/14/2017 04/14/2017 04/14/2017 04/14/2017 04/14/2017 04/14/2017 04/14/2017 04/17/2017 04/17/2017 04/17/2017
04/17/2017 04/17/2017

320 FILING ERROR − DEFICIENT DOCKET ENTRY (SEE 322 Declaration) − DECLARATION of Liam Castro, Esq. in Support re: 314 LETTER MOTION for Extension of Time 60−Day Continuance of Trial and 60−Day Extension of the Pre−Trial Deadlines addressed to Judge Alvin K. Hellerstein from Liam Castro dated 4/4/2017.. Document filed by Benny Santiago. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Castro, Liam) Modified on 4/17/2017 (db). (Entered: 04/14/2017)
321 SECOND MOTION for Extension of Time Order granting a 60−day Continuance of the trial scheduled to commence on May 8, 2017 plus a 60−day Continuance of all pre−trial deadlines. Document filed by Benny Santiago.(Castro, Liam) (Entered: 04/14/2017)
322 DECLARATION of Liam L. Castro, Esq. in Support re: 321 SECOND MOTION for Extension of Time Order granting a 60−day Continuance of the trial scheduled to commence on May 8, 2017 plus a 60−day Continuance of all pre−trial deadlines.. Document filed by Benny Santiago. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Castro, Liam) (Entered: 04/14/2017)
323 DECLARATION of Ellen J. Braunstein, M.D. in Support re: 321 SECOND MOTION for Extension of Time Order granting a 60−day Continuance of the trial scheduled to commence on May 8, 2017 plus a 60−day Continuance of all pre−trial deadlines.. Document filed by Benny Santiago. (Castro, Liam) (Entered: 04/14/2017)
324 DECLARATION of Jasmine Santiago in Support re: 321 SECOND MOTION for Extension of Time Order granting a 60−day Continuance of the trial scheduled to commence on May 8, 2017 plus a 60−day Continuance of all pre−trial deadlines.. Document filed by Benny Santiago. (Castro, Liam) (Entered: 04/14/2017)
325 DECLARATION of Arthur G. Larkin in Opposition re: 309 MOTION for Indicative Ruling on Plaintiffs' Renewed Motion for Class Certification .. Document filed by The City of New York. (Larkin, Arthur) (Entered: 04/14/2017)
326 MEMORANDUM OF LAW in Opposition re: 309 MOTION for Indicative Ruling on Plaintiffs' Renewed Motion for Class Certification . . Document filed by The City of New York. (Larkin, Arthur) (Entered: 04/14/2017)
327 MEMORANDUM OF LAW in Support re: 321 SECOND MOTION for Extension of Time Order granting a 60−day Continuance of the trial scheduled to commence on May 8, 2017 plus a 60−day Continuance of all pre−trial deadlines. . Document filed by Benny Santiago. (Castro, Liam) (Entered: 04/14/2017)
328 ORDER: granting 316 Motion to Withdraw as Attorney. So Ordered. Attorney Ryan Budhu terminated. (Signed by Judge Alvin K. Hellerstein on 4/14/2017) (ap) (Entered: 04/17/2017)
329 MOTION in Limine to exclude certain evidence and for other relief. Document filed by The City of New York. Return Date set for 5/1/2017 at 10:00 AM.(Larkin, Arthur) (Entered: 04/17/2017)
330 MEMORANDUM OF LAW in Support re: 329 MOTION in Limine to exclude certain evidence and for other relief. . Document filed by The City of New York. (Attachments: # 1 Exh. A (JD−1 dep excerpts), # 2 Exh. B (indictment), # 3 Exh. C (guilty plea), # 4 Exh. D (interrogatory answer), # 5 Exh. E (CPL sec. 730 report), # 6 Exh. F (Lopez−Leon report), # 7 Exh. G (JD−2 dep excerpts), # 8 Exh. H. (Heinig Report), # 9 Exh. I (Heinig dep excerpts), # 10 Exh. J (Ryan report), # 11 Exh. K (Ryan dep excerpts), # 12 Exh. L (B. Wilson dep excerpts))(Larkin, Arthur) (Entered: 04/17/2017)
331 MOTION in Limine /Notice of Plaintiffs' Motion In Limine to preclude evidence of Plaintiffs' and Witness's Criminal History at Trial, dated April 17, 2017. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 04/17/2017)
332 DECLARATION of Katherine M. Sheridan, dated April 17, 2017 in Support re: 331 MOTION in Limine /Notice of Plaintiffs' Motion In Limine to preclude evidence of Plaintiffs' and Witness's Criminal History at Trial, dated April 17, 2017.. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/17/2017)

04/17/2017 04/17/2017 04/17/2017 04/17/2017
04/17/2017 04/17/2017 04/17/2017 04/17/2017 04/17/2017 04/17/2017 04/17/2017 04/17/2017 04/17/2017
04/17/2017

333 MEMORANDUM OF LAW in Support re: 331 MOTION in Limine /Notice of Plaintiffs' Motion In Limine to preclude evidence of Plaintiffs' and Witness's Criminal History at Trial, dated April 17, 2017. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/17/2017)
334 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to exclude the expert report and proposed trial testimony of Theresa Lantz. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 04/17/2017)
335 MEMORANDUM OF LAW in Support re: 334 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to exclude the expert report and proposed trial testimony of Theresa Lantz. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/17/2017)
336 DECLARATION of Joseph Kay in Support re: 334 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to exclude the expert report and proposed trial testimony of Theresa Lantz.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit 1 (Redacted Ryan Report), # 2 Exhibit 2 (Redacted Lantz Transcript, 2/8/17), # 3 Exhibit 3 (Redacted Lantz Report), # 4 Exhibit 4 (Redacted Sexual Safety Assessment Report))(Bromley, James) (Entered: 04/17/2017)
337 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to exclude the expert report and proposed trial testimony of Manuel Lopez−Leon, M.D.. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 04/17/2017)
338 MEMORANDUM OF LAW in Support re: 337 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to exclude the expert report and proposed trial testimony of Manuel Lopez−Leon, M.D.. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/17/2017)
339 DECLARATION of Katherine C. Ellis in Support re: 337 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to exclude the expert report and proposed trial testimony of Manuel Lopez−Leon, M.D... Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/17/2017)
340 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to Preclude Testimony From Previously Undisclosed Defense Witnesses. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 04/17/2017)
341 MEMORANDUM OF LAW in Support re: 340 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to Preclude Testimony From Previously Undisclosed Defense Witnesses. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/17/2017)
342 DECLARATION of Josh E. Anderson in Support re: 340 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to Preclude Testimony From Previously Undisclosed Defense Witnesses.. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/17/2017)
343 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to Deem Certain Facts Admitted. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 04/17/2017)
344 MEMORANDUM OF LAW in Support re: 343 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to Deem Certain Facts Admitted. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/17/2017)
345 DECLARATION of Josh E. Anderson, dated April 17, 2017, in Support re: 343 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to Deem Certain Facts Admitted.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit 1 (Redacted Responses and Objections to Notice to Admit))(Bromley, James) (Entered: 04/17/2017)
346 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to Exclude Defendant the City of New York's Exhibits. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 04/17/2017)

04/17/2017 04/17/2017 04/17/2017 04/17/2017 04/17/2017 04/18/2017 04/19/2017 04/19/2017
04/19/2017 04/20/2017
04/21/2017 04/21/2017

347 MEMORANDUM OF LAW in Support re: 346 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to Exclude Defendant the City of New York's Exhibits. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/17/2017)
348 DECLARATION of Joseph Kay, dated April 17, 2017 in Support re: 346 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to Exclude Defendant the City of New York's Exhibits.. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/17/2017)
349 MOTION to Seal Document 336 Declaration in Support of Motion, 345 Declaration in Support of Motion, /Notice of Plaintiffs' Motion, dated April 17, 2017, to Seal Certain Exhibits to Declarations in Support of Plaintiffs' Motions In Limine. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 04/17/2017)
350 MEMORANDUM OF LAW in Support re: 349 MOTION to Seal Document 336 Declaration in Support of Motion, 345 Declaration in Support of Motion, /Notice of Plaintiffs' Motion, dated April 17, 2017, to Seal Certain Exhibits to Declarations in Support of Plaintiffs' Motion . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/17/2017)
351 SUPPLEMENTAL MEMORANDUM OF LAW Concerning Trial Sequencing. Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/17/2017)
352 AMENDED MEMORANDUM OF LAW in Support re: 329 MOTION in Limine to exclude certain evidence and for other relief. . Document filed by The City of New York. (Larkin, Arthur) (Entered: 04/18/2017)
353 RESPONSE to Motion re: 321 SECOND MOTION for Extension of Time Order granting a 60−day Continuance of the trial scheduled to commence on May 8, 2017 plus a 60−day Continuance of all pre−trial deadlines. Defendant City of New York's Memorandum of Law Joining Santiago's motion for continuance. Document filed by The City of New York. (Larkin, Arthur) (Entered: 04/19/2017)
354 DECLARATION of Mitchell A. Lowenthal, dated April 19, 2017 in Opposition re: 321 SECOND MOTION for Extension of Time Order granting a 60−day Continuance of the trial scheduled to commence on May 8, 2017 plus a 60−day Continuance of all pre−trial deadlines.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit 1 (Records for Bienvenido Santiago), # 2 Exhibit 2 (Patient Discharge Instructions), # 3 Exhibit 3 (Ellen J. Braunstein, M.D. Summary and Reports), # 4 Exhibit 4 (Treating Physician's Summary Report), # 5 Exhibit 5 (Letter from Dr. Antonio Joseph), # 6 Exhibit 6 (E−mail from Lowenthal and response by Castro), # 7 Exhibit 7 (Letter from Dr. William B. Barr))(Bromley, James) (Entered: 04/19/2017)
355 MEMORANDUM OF LAW in Opposition re: 321 SECOND MOTION for Extension of Time Order granting a 60−day Continuance of the trial scheduled to commence on May 8, 2017 plus a 60−day Continuance of all pre−trial deadlines. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/19/2017)
356 ORDER GRANTING MOTION TO SEAL CERTAIN EXHIBITS TO DECLARATIONS IN SUPPORT OF PLAINTIFFS' MOTIONS IN LIMINE granting 349 Motion to Seal Document. IT IS HEREBY ORDERED that the Motion is GRANTED; and IT IS FURTHER ORDERED that Exhibit l to the Declaration of Josh E. Anderson in Support of Plaintiffs' Motion in Limine to Deem Certain Facts Admitted, dated April 17, 2017, shall be filed under seal; and IT IS FURTHER ORDERED that Exhibits 1−4 to the Declaration of Joseph Kay in Support of Plaintiffs' Motion in Limine to Exclude the Expert Report and Proposed Trial Testimony of Theresa Lantz, dated April 17, 2017, shall be filed Under seal. (Signed by Judge Alvin K. Hellerstein on 4/20/2017) (cla) (Entered: 04/20/2017)
357 SEALED DOCUMENT placed in vault.(mps) (Entered: 04/21/2017)
358 CONSENT ORDER GRANTING A WRIT OF HABEAS CORPUS AS TESTIFICANDUM AND PERMITTING A PERSON CONFINED IN PRISON TO APPEAR AT COURT UNSHACKLED AND WEARING CIVILIAN CLOTHING: IT IS HEREBY ORDERED, that the Motion is GRANTED; and IT IS FURTHER ORDERED that the following steps shall be taken: 1. The New York State Department

04/24/2017 04/24/2017 04/24/2017
04/24/2017 04/24/2017 04/24/2017 04/24/2017 04/24/2017 04/24/2017

of Corrections and Community Supervision ("DOCCS") shall cause Wilson to be transferred from Bedford Hills CF to the custody of the Federal Bureau of Prisons Metropolitan Correction Center ("MCC") located at 150 Park Row, New York, NY 10007. Wilson shall appear at such place as designated by Bedford Hills CF and the DOCCS so that her transfer can be caused. 2. The DOCCS shall have discretion as to the date and time of Wilson's transfer, provided, however, that the transfer must be completed by May 1, 2017. 3. The MCC shall produce Wilson to the U.S. Marshal for the Southern District of New York for the hearing on May 8, 2017, commencing at 10:00 A.M., and for so long thereafter as the hearing continues, and to the trial of the above−captioned action commencing May 9, 2017, at 10:00 A.M., and for so long thereafter as the trial continues. 4. After the completion of the hearing and trial, DOCCS shall cause Wilson to be transferred from the MCC back to the custody of Bedford Hills CF. 5. Plaintiffs shall bear any costs associated with DOCCS' transfer of Wilson to and from the MCC. 6. Plaintiffs shall serve a copy of this order on DOCCS, the U.S. Marshal, and the MCC. (Signed by Judge Alvin K. Hellerstein on 4/20/2017) (cla) (Entered: 04/21/2017)
359 SUPPLEMENTAL MEMORANDUM OF LAW re: 351 Memorandum of Law regarding Trial Sequencing. Document filed by The City of New York. (Larkin, Arthur) (Entered: 04/24/2017)
360 JOINT FINAL TRIAL REPORT. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit A (Marked Pleadings), # 2 Exhibit B (Santiago's Cross−Claims, City Answer), # 3 Exhibit C SEALED (Deposition Designations), # 4 Exhibit D SEALED (Plaintiffs' Exhibit List, etc.), # 5 Exhibit E SEALED (Deft. City's Exhibit List, etc.), # 6 Exhibit F SEALED (Deft. Santiago's Exhibit List, etc.))(Bromley, James) (Entered: 04/24/2017)
361 MEMORANDUM OF LAW in Opposition re: 346 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to Exclude Defendant the City of New York's Exhibits., 334 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to exclude the expert report and proposed trial testimony of Theresa Lantz., 337 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to exclude the expert report and proposed trial testimony of Manuel Lopez−Leon, M.D.., 331 MOTION in Limine /Notice of Plaintiffs' Motion In Limine to preclude evidence of Plaintiffs' and Witness's Criminal History at Trial, dated April 17, 2017., 340 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to Preclude Testimony From Previously Undisclosed Defense Witnesses., 343 MOTION in Limine /Notice of Plaintiffs' Motion In Limine, dated April 17, 2017, to Deem Certain Facts Admitted. . Document filed by The City of New York. (Attachments: # 1 Exh. A (JD−1 certificates of disposition), # 2 Exh. B (JD−1 deposition excerpts), # 3 Exh. C (JD−1 statements), # 4 Exh. D (complaint, arrest rept.), # 5 Exh. E (complaint), # 6 Exh. F (complaint), # 7 Exh. G (Rosenbaum Report re JD−1), # 8 Exh. H (Lopez−Leon CV), # 9 Exh. I (Lopez−Leon deposition excerpts), # 10 Exh. J (E−mail re exhibits), # 11 Exh. K (JD−2 guilty plea), # 12 Exh. L (JD−2 deposition excerpts), # 13 Exh. M (Rosenbaum Rept. re JD−2))(Larkin, Arthur) (Entered: 04/24/2017)
362 REPLY MEMORANDUM OF LAW in Support re: 309 MOTION for Indicative Ruling on Plaintiffs' Renewed Motion for Class Certification . . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/24/2017)
363 REQUEST FOR VOIR DIRE. Document filed by The City of New York.(Larkin, Arthur) (Entered: 04/24/2017)
364 PROPOSED JURY INSTRUCTIONS. Document filed by The City of New York.(Larkin, Arthur) (Entered: 04/24/2017)
365 PRETRIAL MEMORANDUM. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 04/24/2017)
366 PRETRIAL MEMORANDUM. Document filed by Benny Santiago.(Castro, Liam) (Entered: 04/24/2017)
367 PROPOSED JURY INSTRUCTIONS. Document filed by Benny Santiago.(Castro, Liam) (Entered: 04/24/2017)

04/24/2017 04/24/2017 04/24/2017 04/24/2017
04/24/2017 04/24/2017 04/24/2017 04/25/2017 04/25/2017 04/25/2017 04/25/2017 04/25/2017 04/26/2017
04/26/2017 04/26/2017 05/01/2017

368 PROPOSED VOIR DIRE QUESTIONS. Document filed by Benny Santiago.(Castro, Liam) (Entered: 04/24/2017)
369 PROPOSED JURY INSTRUCTIONS. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 04/24/2017)
370 PROPOSED VOIR DIRE QUESTIONS. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 04/24/2017)
371 DECLARATION of Joseph Kay, dated April 24, 2017 in Opposition re: 329 MOTION in Limine to exclude certain evidence and for other relief.. Document filed by Jane Doe 1, Jane Doe 2. (Attachments: # 1 Exhibit 1 (Ryan Expert Report, etc.), # 2 Exhibit 2 SEALED (DOC Santiago Compaint Memo), # 3 Exhibit 3 SEALED (DOC Santiago Plea Agrmt.))(Bromley, James) (Entered: 04/24/2017)
372 MEMORANDUM OF LAW in Opposition re: 329 MOTION in Limine to exclude certain evidence and for other relief. . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/24/2017)
373 MOTION to Seal Document 371 Declaration in Opposition to Motion, 360 Joint Final Trial Report, . Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 04/24/2017)
374 MEMORANDUM OF LAW in Support re: 373 MOTION to Seal Document 371 Declaration in Opposition to Motion, 360 Joint Final Trial Report, . . Document filed by Jane Doe 1, Jane Doe 2. (Bromley, James) (Entered: 04/24/2017)
375 LETTER addressed to Judge Alvin K. Hellerstein from Liam L. Castro, Esq. (LC9291) dated April 25, 2017 re: Cancellation of the April 26, 2017, hearing. Document filed by Benny Santiago.(Castro, Liam) (Entered: 04/25/2017)
376 MEMO ENDORSEMENT on re: 375 Letter re: Cancellation of the April 26, 2017, hearing filed by Benny Santiago. ENDORSEMENT: The status conference scheduled for 4/26/2017 is canceled. (Signed by Judge Alvin K. Hellerstein on 4/25/2017) (cla) (Entered: 04/25/2017)
377 CERTIFICATE OF SERVICE of Consent Order served on New York State Department of Corrections and Community Supervision on April 24, 2017. Service was accepted by Nancy Bryden. Document filed by Jane Doe 1, Jane Doe 2. (Bodden, Marlen) (Entered: 04/25/2017)
378 CERTIFICATE OF SERVICE of Consent Order served on Bureau of Prisons, MCC on April 24, 2017. Service was accepted by Stephanie Scanell. Document filed by Jane Doe 1, Jane Doe 2. (Bodden, Marlen) (Entered: 04/25/2017)
379 CERTIFICATE OF SERVICE of Consent Order served on U.S. Marshal SDNY on April 25, 2017. Service was accepted by Samson Choo. Document filed by Jane Doe 1, Jane Doe 2. (Bodden, Marlen) (Entered: 04/25/2017)
380 ORDER GRANTING PLAINTIFFS' MOTION TO SEAL CERTAIN EXHIBITS TO (A) PROPOSED JOINT PRE−TRIAL ORDER AND (B) DECLARATION OF JOSEPH KAY IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT THE CITY OF NEW YORK'S MOTIONS IN LIMINE granting 373 Motion to Seal Document. IT IS HEREBY ORDERED that the Motion is GRANTED; IT IS FURTHER ORDERED that Exhibits C, D and E to the Proposed Joint Pre−Trial Order, dated April 24, 2017, shall be filed under seal; and IT IS FURTHER ORDERED that Exhibits 2 and 3 to the Declaration of Joseph Kay in Support of Plaintiffs' Opposition to Defendant the City of New York's Motions in Limine, dated April 24, 2017, shall be filed under seal. (Signed by Judge Alvin K. Hellerstein on 4/26/2017) (cla) (Entered: 04/26/2017)
381 LETTER addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated April 26, 2017 re: Request for permission to bring electronic devices to court. Document filed by The City of New York.(Larkin, Arthur) (Entered: 04/26/2017)
382 SEALED DOCUMENT placed in vault.(rz) (Entered: 04/26/2017)
383 LETTER addressed to Judge Alvin K. Hellerstein from Arthur G. Larkin dated May 1, 2017 re: Settlement of plaintiffs' claims against the City. Document filed by The City

05/02/2017 05/02/2017 05/02/2017 05/02/2017 05/03/2017
05/03/2017 05/05/2017 05/05/2017 05/05/2017

of New York.(Larkin, Arthur) (Entered: 05/01/2017)
384 NOTICE OF APPEARANCE by Joey Jackson on behalf of Benny Santiago. (Jackson, Joey) (Entered: 05/02/2017)
385 LETTER addressed to Judge Alvin K. Hellerstein from Liam Castro, Esq. dated 5/2/2017 re: Request to Bring Personal Electronic Devices and General Computing Devices to Court. Document filed by Benny Santiago. (Attachments: # 1 Text of Proposed Order Authorization to Bring Personal Electronic Devices)(Castro, Liam) (Entered: 05/02/2017)
386 LETTER addressed to Judge Alvin K. Hellerstein from Mitchell A. Lowenthal dated May 2, 2017 re: requesting permission to bring certain electronic devices to the courthouse for use at trial, etc.. Document filed by Jane Doe 1, Jane Doe 2.(Lowenthal, Mitchell) (Entered: 05/02/2017)
387 ORDER: IT IS HEREBY ORDERED that the following individuals shall be permitted to enter the Courthouse between May 4−9, 2017 for purposes of installing the technological equipment listed below in my courtroom for use during the trail in the captioned matter, scheduled to begin May 9, 2017; for Plaintiffs, Brian Lee. SO ORDERED. Setup on May 4, 2017 to commence at 3pm., and as further set forth in this order. (Signed by Judge Alvin K. Hellerstein on 5/2/2017) (ap) Modified on 5/16/2017 (ap). (Entered: 05/02/2017)
388 ORDER DENYING MOTIONS REGARDING NATURE OF TRIAL denying 329 Motion in Limine; granting 331 Motion in Limine; denying 334 Motion in Limine; granting in part and denying in part 337 Motion in Limine; granting 340 Motion in Limine; denying 343 Motion in Limine; denying 346 Motion in Limine. Santiago's motion to preclude evidence regarding his disciplinary history is denied. Santiago's motion to preclude evidence of the New York City Department of Investigation's inspection into JD2' s allegations of sexual assault is granted. Santiago's motion to preclude references to JDI's allegations of sexual misconduct in 2008−09 against him is denied. Plaintiffs' motion to exclude the criminal histories of JDI and JD2 is granted in part and denied in part. Plaintiffs' motion to deem as an undisputed fact that a pair of jeans were seized from JD2 on May 10, 2013 and produced on May 14, 2013 is granted. Plaintiffs' motion to exclude the expert report and testimony of Dr. Manuel Lopez−Leon is denied. The evidentiary hearing scheduled for May 8, 2017 is canceled. Trial will be held on May 11, 2017. Trial will be recessed until June 12, 2017 if it does not conclude by May 19, 2017. The parties shall submit a revised Joint Pretrial Order by May 5, 2017. A second final pretrial conference will be held on May 8, 2017 at 10:00 a.m. These holdings are preliminary, and are subject to rehearing at trial. (As further set forth in this Order.) (Signed by Judge Alvin K. Hellerstein on 5/2/2017) (cf) Modified on 5/17/2017 (cf). (Entered: 05/04/2017)
Set/Reset Deadlines: (Pretrial Order due by 5/5/2017.), Set/Reset Hearings:(Final Pretrial Conference set for 5/8/2017 at 10:00 AM before Judge Alvin K. Hellerstein.) (cf) (Entered: 05/04/2017)
389 LETTER addressed to Judge Alvin K. Hellerstein from James L. Bromley dated May 5, 2017 re: settlement in principle with defendant Benny Santiago. Document filed by Jane Doe 1, Jane Doe 2.(Bromley, James) (Entered: 05/05/2017)
390 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/21/2017 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Tara Jones, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/3/2017.(McGuirk, Kelly) (Entered: 05/05/2017)
391 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/21/17 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/05/2017)

05/08/2017 05/08/2017 05/16/2017 05/16/2017 05/23/2017 05/24/2017 05/25/2017
05/26/2017
07/05/2017

392 MEMO ENDORSEMENT on re: 389 Letter filed by Jane Doe 1, Jane Doe 2. ENDORSEMENT: A suggestion of settlement having been made, this case is dismissed. If the settlement is not consummated within 30 days of this order, or an authorized enlarged date, either party may apply by letter for restoration of the action within 10 days after the close of said period. All pending court dates are cancelled. The Clerk is directed to close the case. (Signed by Judge Alvin K. Hellerstein on 5/8/2017) (mro) (Entered: 05/09/2017)
Terminate Transcript Deadlines (mro) (Entered: 05/09/2017)
393 TRANSCRIPT of Proceedings re: conference held on 5/1/2017 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Kelly Surina, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2017. Redacted Transcript Deadline set for 6/16/2017. Release of Transcript Restriction set for 8/14/2017.(McGuirk, Kelly) (Entered: 05/16/2017)
394 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/1/17 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/16/2017)
395 FILING ERROR − ELECTRONIC FILING OF NON−ECF DOCUMENT − STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above−captioned action is voluntarily dismissed, with prejudice against the defendant(s) Benny Santiago and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Jane Doe 2, Jane Doe 1.(Bromley, James) Modified on 5/24/2017 (km). (Entered: 05/23/2017)
***NOTE TO ATTORNEY TO E−MAIL PDF. Note to Attorney James Bromley for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E−MAIL the PDF for Document 395 Stipulation of Voluntary Dismissal to: judgments@nysd.uscourts.gov. (km) (Entered: 05/24/2017)
396 STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys of record for Plaintiffs and Defendant Benny Santiago, that no party to this Stipulation is an infant or an incompetent person for whom a committee has been appointed or conservatee, and no person not a party has an interest in the subject matter of the action, the above entitled action is discontinued with prejudice as to Defendant Benny Santiago and without costs or disbursements to either. A copy of this stipulation shall be deemed an original for all purposes and may be filed with the Clerk of the Court without further notice to any party. Benny Santiago terminated. (Signed by Judge Alvin K. Hellerstein on 5/25/2017) (mro) (Entered: 05/25/2017)
397 STIPULATION AND ORDER OF DISMISSAL: WHEREAS, plaintiffs Jane Doe 1 and Jane Doe 2 and the City have reached a settlement agreement and now desire to resolve the remaining issues raised in this litigation as between them, without further proceedings and without admitting any fault or liability; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that 1. The above−referenced action is hereby dismissed as against the City only, with prejudice; and 2. Notwithstanding the dismissal of plaintiffs' claims against the City in accordance with this agreement, and those certain stipulations of settlement (the "Settlement Stipulations") between Jane Doe 1, on the one hand, and the City, on the other; between Jane Doe 2, on the one hand, and the City, on the other; and between counsel for plaintiffs, on the one hand, and the City, on the other, the District Court shall continue to maintain jurisdiction over this action for the purpose of enforcing the terms of the Settlement Stipulations. The City of New York terminated. (Signed by Judge Alvin K. Hellerstein on 5/26/2017) (mro) (Entered: 05/26/2017)
398 MANDATE of USCA (Certified Copy) USCA Case Number 16−796. The parties in the above−referenced case have filed a stipulation withdrawing this appeal pursuant to

FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/05/2017. (nd) (Entered: 07/05/2017)