Case 1:12-cv-00992-RWS Document 1 Filed 02/08/12 Page 1 of 7

J\0 440 (Rev. 12/09) Summons in a Civil Action
U NITED S TATES DISTRICT C OURT
tor the Southern District ofNew York

Chelsea Elliot and Jeanne Mansfield
P/ainriff

) )

2

)

v.

) Civil Action No.

The City of New York, New York Police Department,

)

Inspector Anthony Bologna, John Does 1-50.

)

Defendant

)

992
JUDGE S\NEEr

SUMMONS IN A CIVIL AC TION
To: (Defendant's name and address) NYC Law Department 100 Church Street New York, NY 10007

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it)- or 60 days if you are the United States or a Unjted States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintifrs attorney, whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded i~ complaint.

You also must file your answer or motion with the court.

RUBY J. KRAJl.

Date:

FE3 0 B~012

CLERK OF COURT
SilQIOlur.? oj('fe,·i or Deputy Clerk

Case 1:12-cv-00992-RWS Document 1 Filed 02/08/12 Page 2 of 7

JUDGE SWEET

0992

UNTTED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YO

-------------------------------------------------------------------)(

Chelsea Elliot and Jeanne Mansfield,

In de

Plaintiff,

-against-
The City of New York, New York Police Department, Inspector Anthony Bologna, John Does 1-50.
Defendants.

Complaint and Jury Demand -.__
Venue is based on the location of the acts giving rise to this action.

-------------------------------------------------------------------)(

Chelsea Elliot and Jeanne Mansfield ("Plaintiffs") by their attorneys, The Aboushi Law Firm, allege as follows:

AS AND FOR A FIRST CAUSE OF ACTION

1. Chelsea Ell iot is a resident of Kings County.

2. Jeanne Mansfield is a resident of Massachusetts.

3. At all times mentioned, Defendant City of New York, was and is a municipal corporation duly organized and existing by virtue of the laws of the State of New York.

4. Upon information and belief, Defendant NYPD is an agency of the City of New York, and created and organized by virtue of the laws of the State ofNew York.

5. Anthony Bologna is an employee of the NYPD and City ofNew York, and upon information and belief, resides and works in Staten Island, NY.

6. On or about the 24th day of October, 2011, an d within ninety (90) days after the claim herein arose, the Plaintiffs served a Notice of Claim in writing sworn to on their behalf upon Defendant City of New York, by delivering a copy thereof in duplicate to the officer designated to receive such process personally, which Notice of Claim advised the Defendant City ofNew York, of the nature, time, place, and manner in which the claim arose, the items of damage and injuries sustained so far as was then determinable.

Case 1:12-cv-00992-RWS Document 1 Filed 02/08/12 Page 3 of 7
7. At least thirty (30) days have elapsed since the service of the claim prior to the commencement of this action and adjustment of payment thereof has been neglected or refused, and this action has been commenced within one year and ninety days after the happening of the event upon wh ich the claims are based.
8. All conditions and requirements precedent to the commencement of this action have been complied with.
9. The oral examination of the Plaintiffs have been conducted in compliance with Section 50-H of the General Municipal law.
10. Pursuant to CPLR Section 1602(2)(iv), Defendants are jointly and severally liable for all of Plaintiffs' damages, including but not limited to Plaintiffs non-economic loss.
ll. Police Officers JOHN AND JANE DOE 1-50 refer to police officers and other governmental officials who participated in the relevant facts but whose identities are unknown. (John and Jane Doe 1-50 and Inspector Anthony Bologna are collectively referred to as "Officers" or ''Defendant(s)").
12. Upon infonnation and belief, at all times mentioned, Defendant Inspector Anthony Bologna, was and is, an officer of the Defendant City ofNew York, and at all times herein was acting in such capacity as the agent, servant, and employees of the Defendant City of New York.
13. On or about September 24, 2011, in the vicinity of 12th Street and University Pl., County ofNew York, City and State ofNew York, the Defendants jointly and severally in their capacity of police officers, committed an assault and battery upon Plaintiffs.
14. On the above mentioned date, Inspector Anthony Bologna, while on duty as an Officer for NYPD and the City ofNew York, sprayed NYPD-issued pepper spray/mace at the Plaintiffs for no legal reason.
15. Anthony Bologna maced the Plaintiffs as they were exercising their constitutionall y protected rights, including freedom of speech and freedom of assembly.
16. As a result, Defe ndants wrongfully assau lted Plaintiffs several times, as well as seized Plaintiffs in an excessive manner about their persons, causing them physical
2

Case 1:12-cv-00992-RWS Document 1 Filed 02/08/12 Page 4 of 7
pain and mental suffering. At no time did the Defendants have legal cause to grab, mace, seize, assau lt, or touch the Plaintiffs, and nor did the Plaintiffs consent to this illegal touching nor was it privileged by law.
AS AND FORA SECOND CAUSE OF ACTION
I7. Plaintiffs repeat each and every allegation in thi s Complaint as though fully set forth at length herein.
18. On or About September 24, 2011, in the vicinity of 12th Street and University PL., County ofNew York, City and State ofNew York, the Defendants jointly and severally, did place Plaintiffs in imminent fear of physical contact by approaching the Plaintiffs in a menacing manner. All of the above actions placed Plaintiffs in imminent fear of physical contact. At no time did Plaintiffs consent to the unl awful actions of the Defendants.
AS AND FOR A THIRD CAUSE OF ACTION
19. Plaintiffs repeat each and every allegation in this Complaint as though fully set forth at length herein.
20. On or About September 24, 20 II , in the vicinity of l th Street and University PL., County ofNew York, City and State ofNew York, the Defendants jointly and severally, without any warrant, order, or other legal process and without any lega l ri ght, wrongfully and unlawfu lly arrested/detained the Plaintiffs, restrained them and their liberty, and then took them into custody. D efendants intentionally confined Plaintiff without their consent and the confinement was not otherwise privileged by law, and at all times, the Plaintiffs were conscious of their confinement.
AS AND FOR A FOURTH CAUSE OF ACTION
21. Plaintiffs repeat each and every all egation in this Complaint as though fully set forth at length herein.
22. Defendant Police Officers were at all times relevant, duly appointed, and acting officers of the City of New York Police Department.
23. At all relevant times, said police officers were acting under color of law. To wit: the statutes, ordinances, regulations, policies and customs and usage of the State of New York and/or City ofNew York.
3

Case 1:12-cv-00992-RWS Document 1 Filed 02/08/12 Page 5 of 7
24.Plaintiffs are at all relevant times herein, citizens of the United States, and bring this cause of action pursuant to 42 United States Code Section 1983, and 42 United States Code Section 1988, as well as State Civil Rights Laws.
25.Defendant City ofNew York is a municipality duly incorporated under the laws of the State ofNew York.
26. The aforementioned described conduct of the Defendants resulted in the Plaintiffs being deprived of the following rights under the United States Constitution:
A. Freedom from assault to their person;
B. Freedom to peaceably assemble;
C. Freedom from excessive force;
D. Freedom from battery to their person;
E. Freedom from illegal search and seizure;
F. Freedom from false arrest;
G. Equal protection under the law.
27. The Defendants subjected the Plaintiffs to such deprivations, either in a malicious or reckless disregard of the Plaintiffs' rights or with deliberate indifference to those rights used guaranteed under the Fourth and Fourteenth Amendments of the United States Constitution.
28. The direct and proximate results of the Defendants' acts are that Plaintiffs have suffered, and continues to suffer, severe and permanent injuries of a physical and psychological nature. They were forced to endure pain and suffering, all to their detriment.
AS AND FOR A FIFTH CAUSE OF ACTION
29. Plaintiffs repeat each and every allegation in this Complaint as though fully set forth at length herein.
30. Defendant city ofNew York has grossly failed to train and adequately supervise its police officers in the fundamental law of arrest, assault and battery, search and seizure, excessive force, especially when its officers are not in possession of a court authorized arrest warrant and where an individual, especially as here, has not
4

Case 1:12-cv-00992-RWS Document 1 Filed 02/08/12 Page 6 of 7
committed a crime and has not resisted arrest, that its police officers should only use reasonable force to effectuate an arrest and the arrest should be on probable cause.
31. The City of New York was negligent by failing to implement a policy w ith its police department and instruct police officers who, absent the consent of Plaintiffs (or similarly situated individuals) or without the possession of a court authorized arrest or search warrant, said police officers of the City of New York are not to arrest individuals s uch as Plaintiff here, where probable cause is lacking and the use of force should only be reasonab le w hen an individual resists arrest and should not be used where a criminal defendant or suspect is not resisting arrest.
32. The City ofNew York is negligent due to its failure to implement a policy with its Police Department or actively enforce the law, if any of the fo llow ing are lacking:
A. Probable cause must be present before an individual such as the Plaintiff herein can be arrested.
B. Force cannot be used against an individual who does not physically resist arrest.
C. A person may not be assaulted or touch in any way when legally exercising their rights.
33. The foregoing acts, omissions and systematic failures are customs and policies of the City of New York which caused the police officers to falsely arrest, maliciously prosecute, seize illegally and search the Plaintiffs and commit an assault/battery to their persons.
AS AND FOR A SIXTH CAUSE OF ACTION
34. Plai ntiffs repeat each and every all egation in this Complaint as though fully set forth at length herein.
35. Defendant City of New York was negligent in that prior to and at the time of the acts complained herein , due to the prior hi story of the Police Officer Defendants, knew or should have known the bad disposition of said Defendant officers and defendants had knowledge of facts that would put a reasonably prudent employer on inquiry concerning their bad disposition and the fact that these officers were not suitable to be hired and employed by the City of New York and that due to
5

Case 1:12-cv-00992-RWS Document 1 Filed 02/08/12 Page 7 of 7 their lack of training, these officers should have had adequate supervision so that they would not arrest innocent individuals nor use excessive force during the arrest process. WHEREFORE, Plaintiffs demand judgment against the Defendants, together with the costs and disbursements of this action, together with attorney's fees and costs of bringing this case and punitive damages.
Plaintiffs hereby demands a ury trial on Dated: February 8, 2012
-~,-a· : Aymen@Aboushi.com www.Aboushi.com
6

 
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UNITED STATES DISTRICT COURT SOU'I1lERN DISTRICT OF NEV/ YORK ······--·-····--··········-·····-···························----····-······· x

CHELSEA ELLIOT and JEANNE r•1ANSFIELD. Plain tiff:'<.

STIPULATION AND ORDER OF DISMISSAI,

-against·

12 Civ. 0992 (RWS) (MHD)

TIIE CITY OF NEW YORK. NEW YORK crrY POLICE DEPARTMENT, INSPECTOR ANTHONY BOLOGNA, JOHN DOES 1-50,

Defendants .
............................................................................ x

\l/HERF.AS. the p1.11iies have reached a settl~:ment agreement and now desire to resolve tJ1c remaining issues raised in thi~ !Hi,gotion. without further proceedings and without ad.mi tting any fault or Ii ability:
NOW, THEREl'ORE, l'I IS HEREBY STIPULATED Al"ID AGREED, by and between the undersigned that
The above-referenced action is hereby dismissed with prejudice: and

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2. Notwi th standing the dismissal of this action in accordance with this agreement, the District Court shall continue to maintain jurisdiction over this act.ion for the purpose of enforcing the terms of the settlement agreement reat::'hed between the parties and set forth it1 the Stipulation of Se.tilement executed by the parties in this matter.

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 Case 1:12-cv-00992-RWS Document 19 Filed 05/21/14 Page 1 of 1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------X Chelsea Elliot, et al.,

Plaintiff,

VS.
The City of New York. Defendant.
----------------------------------X

12 Civ.992(RWS)
0 RDER

Sweet, D. J. ,

The actions Clarke, et al-v.City of New York, et al.,

Case No. 13 cv.5303(RWS), and Ball-v.-City of New York, et al.,

Case No. 13 cv.5563(RWS) are related to Elliot-v.-City of New

York, Case No. 12 CV. 992(RWS).

The Clerk shall designate Clarke, et al. V. City of New

York and Ball v. City of New York, et al, as related to Elliot

v. City of New York.

It is so ordered. New York, NY
May Y,.}) 2 0 14

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The above'referenced action is hereby dismissed with prejudice; antl

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 Case: 1:12-cv-992 As of: 10/12/2015 10:39 AM EDT 1 of 8
CLOSED,CASREF,ECF,RELATED
U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:12−cv−00992−RWS

Elliot et al v. The City of New York et al Assigned to: Judge Robert W. Sweet Referred to: Magistrate Judge Michael H. Dolinger (Settlement) Related Cases: 1:12−cv−05842−RWS
1:12−cv−05843−RWS 1:12−cv−05844−RWS 1:12−cv−07086−RWS 1:12−cv−07161−RWS 1:12−cv−07165−RWS 1:12−cv−07462−RWS 1:13−cv−05303−RWS 1:13−cv−05563−RWS Cause: 42:1983 Civil Rights Act Plaintiff

Date Filed: 02/08/2012 Date Terminated: 07/23/2015 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Chelsea Elliot

represented by Aymen A. Aboushi The Aboushi Law Firm 1441 Broadway, 5th Floor, New York, NY 10018 (212) 300−8500 Fax: (646) 391−8508 Email: aymen@aboushi.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Jeanne Mansfield

represented by Aymen A. Aboushi (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant The City of New York

represented by Andrew Joseph Lucas NYC Law Department, Office of the Corporation Counsel (NYC) 100 Church Street New York, NY 10007 (212)−788−0303 Fax: (212)−788−8896 Email: alucas@law.nyc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dara Lynn Weiss City of New York Law Department 100 Church Street New York, NY 10007 212−356−3517 Fax: 212−788−9776 Email: DAWEISS@LAW.NYC.GOV LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:12-cv-992 As of: 10/12/2015 10:39 AM EDT 2 of 8

Defendant New York Police Department Defendant Inspector Anthony Bologna
Defendant John Does 1−50 Cross Claimant Inspector Anthony Bologna

represented by Louis C. Lapietra Lally and Misir The Nassau Building− 220 Old Country Road Mineola, NY 11501 914 684 6000 Fax: 914 287 6460 Email: louis.lapietra@verizon.net ATTORNEY TO BE NOTICED
represented by Louis C. Lapietra (See above for address) ATTORNEY TO BE NOTICED

V. Cross Defendant The City of New York

represented by Andrew Joseph Lucas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dara Lynn Weiss (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/08/2012
02/08/2012 02/08/2012 02/08/2012 02/10/2012
02/20/2012
02/24/2012

# Docket Text
1 COMPLAINT AND JURY DEMAND against Anthony Bologna, John Does 1−50, New York Police Department, The City of New York. (Filing Fee $ 350.00, Receipt Number 9061)Document filed by Chelsea Elliot, Jeanne Mansfield.(ama) (Entered: 02/09/2012)
SUMMONS ISSUED as to Anthony Bologna, John Does 1−50, New York Police Department, The City of New York. (ama) (Entered: 02/09/2012)
Magistrate Judge Debra C. Freeman is so designated. (ama) (Entered: 02/09/2012)
Case Designated ECF. (ama) (Entered: 02/09/2012)
NOTICE OF PARTICIPATION IN SECTION 1983 PLAN: Unless otherwise ordered, this case shall participate in the Southern District of New York's Plan for Certain Section 1983 Cases against The City of New York (the "Section 1983 Plan"). Please reference the Court's website to review the Section 1983 Plan for important information.(gom) (Entered: 02/10/2012)
2 AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by NYC Law Dept.. Document filed by Chelsea Elliot, Jeanne Mansfield. (Aboushi, Aymen) (Entered: 02/20/2012)
3 NOTICE OF APPEARANCE by Dara Lynn Weiss on behalf of The City of New York (Weiss, Dara) (Entered: 02/24/2012)

Case: 1:12-cv-992 As of: 10/12/2015 10:39 AM EDT 3 of 8

03/25/2012 05/04/2012 05/07/2012
05/07/2012 05/10/2012 05/14/2012 05/21/2012 06/05/2012 06/18/2012 06/19/2012 07/05/2012 07/13/2012 07/20/2012 10/03/2012 11/13/2012

4 AFFIDAVIT OF SERVICE. Anthony Bologna served on 3/12/2012, answer due 4/2/2012. Service was accepted by Joseph Tuttos. Document filed by Chelsea Elliot; Jeanne Mansfield. (Aboushi, Aymen) (Entered: 03/25/2012)
5 ANSWER to 1 Complaint with JURY DEMAND. Document filed by The City of New York.(Weiss, Dara) (Entered: 05/04/2012)
SECTION 1983 PLAN 100−DAY REVIEW: The mediator shall be available to the parties throughout the discovery phase of the Plan and shall schedule and hold the first mediation session in the case within ten (10) days of the close of the discovery period. In the event that the mediation cannot begin within the time set forth herein, the assigned mediator shall promptly notify the Mediation Supervisor of the date by which the mediation will begin and the reason for the delay. The mediator shall correspond with the Mediation Office to arrange a mutually convenient date and time to hold the first session. The first mediation session will be scheduled at the Court's Mediation Office at the following address: SDNY Mediation Office (Woolworth Building) 233 Broadway, 6th Floor New York N.Y. 10007. 1983−Plan Review due by 8/15/2012. Mediator to be Assigned by 5/17/2012.(gom) (Entered: 05/07/2012)
NOTICE OF SELECTION FOR MEDIATION: This case has been selected for participation in the Southern District of New York's mediation program.(gom) (Entered: 05/07/2012)
6 NOTICE OF APPEARANCE by Andrew Joseph Lucas on behalf of The City of New York (Lucas, Andrew) (Entered: 05/10/2012)
NOTICE OF MEDIATOR ASSIGNMENT − Notice of assignment of mediator.(ms) (Entered: 05/14/2012)
***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Answer − Louis C. La Pietra, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (ft) (Entered: 07/10/2012)
7 ANSWER to 1 Complaint., CROSSCLAIM against The City of New York. Document filed by Anthony Bologna.(Lapietra, Louis) (Entered: 06/05/2012)
8 PRETRIAL ORDER: Pretrial Conference set for 9/26/2012 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 6/18/2012) (ama) (Entered: 06/18/2012)
MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 7/13/12, 10:00AM at 233 Broadway (Barclay Street Entrance).(ms) (Entered: 06/19/2012)
9 ORDER. Please be advised that the conference scheduled for September 26, 2012 has been rescheduled to October 3, 2012 at 4;30 p.m. in Courtroom 18C. Please notify opposing counsel of the change. (Signed by Judge Robert W. Sweet on 7/5/2012) (bw) (Entered: 07/05/2012)
Mediator Session Held on 07/13/2012 at 233 Broadway.(ms) (Entered: 07/13/2012)
10 ANSWER to 7 Crossclaim. Document filed by The City of New York.(Weiss, Dara) (Entered: 07/20/2012)
Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 10/3/2012. (lmb) (Entered: 10/18/2012)
11 ENDORSED LETTER addressed to Judge Robert W. Sweet, from Dara L. Weiss, dated 11/7/2012, re: I write at the Court's direction to communicate the City's suggestion on how the Court should handle certain cases arising out of the Occupy Wall Street movement. The cases identified herein all stem from an incident on September 24, 2011 wherein the plaintiffs allege they were pepper−sprayed/and or arrested by a member of the NYC Police Department. The City believes that all of the cases arising from the September 24, 2011 incident should be accepted by Your Honor as cases related to the Elliot matter, and should further be consolidated for discovery, much the same as the cases arising out of the 2003 anti−war

Case: 1:12-cv-992 As of: 10/12/2015 10:39 AM EDT 4 of 8

11/14/2012 11/14/2012 11/16/2012
11/28/2012 11/30/2012
11/30/2012 02/06/2013 06/04/2013 09/18/2013 10/29/2013 11/01/2013 11/04/2013 11/11/2013 12/09/2013 02/11/2014

demonstration. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 11/7/2012) (ja) (Entered: 11/13/2012)
Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 11/14/2012. Next PTC set for Feb. 6, 2013 at 4:30 p.m. (djc) (Entered: 11/27/2012)
Set/Reset Hearings: Pretrial Conference set for 2/6/2013 at 04:30 PM before Judge Robert W. Sweet. (djc) (Entered: 11/27/2012)
12 ORDER: Plaintiffs' letters dated November 9, 2012 and November 13, 2012 will be treated as motions to deconsolidate, and will be heard at noon on Wednesday, November 28, 2012, in courtroom 18C. Any opposition papers must be filed by November 21, 2012, and any reply papers must be filed by November 26, 2012. ( Responses due by 11/21/2012, Replies due by 11/26/2012.) (Signed by Judge Robert W. Sweet on 11/15/2012) (cd) (Entered: 11/19/2012)
MINUTE ENTRY: Oral argument held on Motion to deconsolidate held. Parties to submit an order. (not on file) (djc) (Entered: 12/11/2012)
13 ORDER: The above captioned cases are hereby consolidated for discovery purposes with all non−Monell fact discovery to be given priority over discovery related to Monell claims. The Section 1983 Plan will not be applied to the above−captioned cases. A pretrial conference will be held February 6, 2013, at 4:30 P.M. with respect to further scheduling. (Signed by Judge Robert W. Sweet on 11/30/2012) (djc) (Entered: 11/30/2012)
Set/Reset Hearings: Pretrial Conference set for 2/6/2013 at 04:30 PM before Judge Robert W. Sweet. (djc) (Entered: 11/30/2012)
Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 2/6/2013. Next PTC set for 5/22/2013 @ 4:30 p.m. ( Pretrial Conference set for 5/22/2013 at 04:30 PM before Judge Robert W. Sweet.). (ja) (Entered: 02/08/2013)
14 ORDER: 5/22/2013 Pretrial Conference reset for 9/18/2013 at 04:30 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. Please notify opposing counsel of the change. (Signed by Judge Robert W. Sweet on 6/4/2013) (cd) (Entered: 06/04/2013)
Minute Entry for proceedings held before Judge Robert W. Sweet: ( Next Pretrial Conference set for 10/29/2013 at 04:00 PM before Judge Robert W. Sweet.), Interim Pretrial Conference held on 9/18/2013. (js) (Entered: 09/24/2013)
Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 10/29/2013, ( Pretrial Conference set for 12/9/2013 at 04:00 PM before Judge Robert W. Sweet.). (sc) (Entered: 10/31/2013)
15 LETTER addressed to Judge Robert W. Sweet from Dara L. Weiss dated November 1, 2013 re: Proposed Protective Order. Document filed by The City of New York. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Weiss, Dara) (Entered: 11/01/2013)
16 PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Robert W. Sweet on 11/04/2013) (ama) (Entered: 11/04/2013)
17 NOTICE OF CHANGE OF ADDRESS by Aymen A. Aboushi on behalf of Chelsea Elliot, Jeanne Mansfield. New Address: The Aboushi Law Firm, 1441 Broadway, 5th Floor, New York, NY, 10018, 212.391.8500. (Aboushi, Aymen) (Entered: 11/11/2013)
Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 12/9/2013. Next Pretrial Conference is scheduled for February 11, 2014 at 4:00 p.m. (Chan, Tsz) (Entered: 12/10/2013)
Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 2/11/2014. (Chan, Tsz) (Entered: 02/18/2014)

Case: 1:12-cv-992 As of: 10/12/2015 10:39 AM EDT 5 of 8

03/21/2014 05/20/2014 05/21/2014
05/21/2014 05/21/2014 05/23/2014
06/10/2014
06/23/2014
09/23/2014 09/30/2014 10/02/2014 11/07/2014

18 ENDORSED LETTER addressed to Judge Robert W. Sweet from Dara L. Weiss dated 3/19/2014 re: Request for a further status conference on 5/20/2014, at 4:00 p.m. ENDORSEMENT: So ordered. (Status Conference set for 5/20/2014 at 04:00 PM before Judge Robert W. Sweet). (Signed by Judge Robert W. Sweet on 3/19/2014). Entry in all related cases as per Chambers. (rjm) (Entered: 03/21/2014)
Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 5/20/2014. Next Pretrial Conference schedule on 9−30−14 at 4:00 p.m. (Chan, Tsz) (Entered: 05/21/2014)
19 ORDER: The actions Clarke, et al−v.City of New York, et al., Case No. 13 cv.5303(RWS), and Ball−v.−City of New York, et al., Case No. 13 cv.5563(RWS) are related to Elliot−v.−City of New York, Case No. 12 CV. 992(RWS). The Clerk shall designate Clarke, et al. V. City of New York and Ball v. City of New York, et al, as related to Elliot v. City of New York. (Signed by Judge Robert W. Sweet on 5/21/2014) (lmb) (Entered: 05/21/2014)
CASE ACCEPTED AS RELATED. Create association to 1:13−cv−05303−RWS. (tro) (Entered: 05/22/2014)
CASE ACCEPTED AS RELATED. Create association to 1:13−cv−05563−RWS. (tro) (Entered: 05/22/2014)
20 ENDORSED LETTER addressed to Judge Robert W. Sweet from Samuel B. Cohen dated 5/21/2014 re: Per Your Honor's direction, counsel for all parties have conferred and join with the Dierken Plaintiffs in submitting this joint letter memorializing the understandings reached in our conference before Your Honor yesterday, May 20, 2014, and as further specified in this letter. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 5/22/2014) (rjm) (Entered: 05/23/2014)
21 ORDER: 1. The understanding set forth in the letter of counsel for the plaintiff's in 12 Civ. 07462 dated May 30, 2014 is so ordered. 2. The depositions will be scheduled on an "as available" basis without party priority or time limitation. Any deposition of more than two−day duration will be adjourned to be completed at an agreed upon date. All party depositions will be completed by September 30, 2014. 3. All objections will be preserved and all questions answered other than those objected to on the basis of privilege. It is so ordered., ( Deposition due by 9/30/2014.) (Signed by Judge Robert W. Sweet on 6/9/2014) (lmb) (Entered: 06/10/2014)
22 AMENDMENT: Item 2 in the order issued by the Court on June 9, 2014 is hereby amended as follows: 2. The depositions will be scheduled on an "as available" basis without party priority or time limitation. Any deposition of more than two−day duration will be adjourned to be completed at an agreed upon date. All initial round party depositions will be completed by September 30, 2014. IT IS SO ORDERED. ( Deposition due by 9/30/2014.) (Signed by Judge Robert W. Sweet on 6/17/2014) (ama) (Entered: 06/23/2014)
23 REQUEST for Production of Documents.Document filed by Anthony Bologna. (Attachments: # 1 Affidavit Affidavit of Service by mail)(Lapietra, Louis) (Entered: 09/23/2014)
Minute Entry for proceedings held before Judge Robert W. Sweet: Interim Pretrial Conference held on 9/30/2014. Next conference schedule on December 9, 2014 at 10:00 a.m. (Chan, Tsz) (Entered: 09/30/2014)
24 ORDER: Plaintiffs' motion to compel, discussed during the September 30, 2014 pretrial conference, will be heard on Wednesday, October 15, 2014 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All motion papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. (Signed by Judge Robert W. Sweet on 10/1/2014) (ajs) (Entered: 10/02/2014)
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Michael H. Dolinger. Please note that this is a reassignment of the designation only. (pgu) (Entered: 11/07/2014)

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11/07/2014 11/17/2014 11/18/2014 12/15/2014
01/15/2015 01/20/2015
01/21/2015 01/28/2015 01/29/2015

25 ORDER. The Honorable Michael H. Dolinger is designated to the above action. For purpose of judicial efficiency, the above entitled action and nine other related cases are referred to Magistrate Dolinger for Settlement. Please see attached rider. (Signed by Judge Robert W. Sweet on 11/7/2014) (rjm) (Entered: 11/12/2014)
26 LETTER MOTION for Extension of Time for Retired Chief Joseph Esposito to appear for deposition addressed to Judge Robert W. Sweet from Dara L. Weiss dated November 17, 2014. Document filed by The City of New York.(Weiss, Dara) (Entered: 11/17/2014)
27 ORDER granting 26 Letter Motion for Extension of Time. So ordered. (Signed by Judge Robert W. Sweet on 11/18/2014) (ajs) (Entered: 11/18/2014)
28 ORDER: It is hereby ORDERED that a settlement conference has been scheduled in the above−captioned actions on TUESDAY, JANUARY 27, 2015 at 2:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007−1312. And as set forth herein. SO ORDERED. ( Settlement Conference set for 1/27/2015 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 12/15/2014) Copies Faxed By Chambers. (ama) (Entered: 12/15/2014)
29 LETTER MOTION for Local Rule 37.2 Conference to compel Defendant City to produce 30(b)6 witness addressed to Judge Robert W. Sweet from Plaintiff dated Jan. 15, 2015. Document filed by Chelsea Elliot, Jeanne Mansfield.(Aboushi, Aymen) (Entered: 01/15/2015)
30 ORDER: Plaintiffs' letter dated January 15, 2015 (Dkt. No. 29 ), will be heard at noon on Wednesday, January 28, 2015 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All motion papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. Set Deadlines/Hearing as to 29 LETTER MOTION for Local Rule 37.2 Conference to compel Defendant City to produce 30(b)6 witness addressed to Judge Robert W. Sweet from Plaintiff dated Jan. 15, 2015. :( Motion Hearing set for 1/28/2015 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 1/16/2015) (ajs) (Entered: 01/20/2015)
31 LETTER RESPONSE in Opposition to Motion addressed to Judge Robert W. Sweet from Dara L. Weiss dated January 21, 2015 re: 29 LETTER MOTION for Local Rule 37.2 Conference to compel Defendant City to produce 30(b)6 witness addressed to Judge Robert W. Sweet from Plaintiff dated Jan. 15, 2015. . Document filed by The City of New York. (Weiss, Dara) (Entered: 01/21/2015)
Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 1/28/2015 re: 29 LETTER MOTION for Local Rule 37.2 Conference to compel Defendant City to produce 30(b)6 witness addressed to Judge Robert W. Sweet from Plaintiff dated Jan. 15, 2015. filed by Jeanne Mansfield, Chelsea Elliot.Motion to compel was resolved by oral order. Motion is terminated. (Chan, Tsz) (Entered: 01/30/2015)
32 ORDER: It is hereby ORDERED that the settlement conference scheduled for January 27, 2015 has been adjourned to TUESDAY, FEBRUARY 17, 2015 at 1:30 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007−1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. The parties are to take note of the following requirements for settlement conferences before the undersigned: 1. The parties are expected to have spoken with each other about their respective settlement positions prior to the settlement conference. Given the complexities presented in the above−captioned matters, the court also expects defendants to have had substantive conversations among themselves regarding the relevant issues and plaintiffs to have similarly conversed among themselves, in addition to plaintiffs and defendants having spoken with each other, by no later than one week prior to this settlement conference. 2. The parties are directed to bring with them any documents (including any deposition transcripts) that they consider pertinent to their position on the settlement value of the case. 3. Clients are expected to either attend the

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03/19/2015 05/04/2015
05/14/2015 05/28/2015 06/04/2015
06/19/2015 06/22/2015
06/22/2015 06/26/2015 07/02/2015

conference or be available via telephone during the conference. SO ORDERED. Settlement Conference set for 2/17/2015 at 01:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 1/29/2015) (ajs) (Entered: 01/29/2015)
33 AMENDMENT: The initial designation order referring the above entitled actions to the Honorable Michael H. Dolinger (ECF No. 25) is amended as follows: For the purposes of judicial efficiency, the above entitled actions are referred to the Honorable Michael H. Dolinger for general pretrial matters, including scheduling, discovery, and settlement. IT IS SO ORDERED. (Signed by Judge Robert W. Sweet on 3/19/2015) (ama) (Entered: 03/20/2015)
34 ORDER: It is hereby ORDERED that a scheduling conference before the undersigned has been scheduled in the above−captioned actions on THURSDAY, MAY 14, 2015 at 2:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007−1312. SO ORDERED. ( Status Conference set for 5/14/2015 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 5/04/2015) Copies Faxed By Chambers. (ama) (Entered: 05/04/2015)
35 ORDER: it is hereby ORDERED: The parties have until May 29, 2015 to confer with each other on a potential settlement of this matter. Should the parties not reach a settlement in principle by that date, they must complete their responses to all outstanding discovery demands by no later than June 12, 2015. All Fact Discovery due by 8/14/2015. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 5/14/2015) Copies Sent By Chambers. (ama) (Entered: 05/15/2015)
36 LETTER addressed to Magistrate Judge Michael H. Dolinger from Dara L. Weiss dated May 28, 2015 re: scheduling a further settlement conference for the Group 2 cases. Document filed by The City of New York.(Weiss, Dara) (Entered: 05/28/2015)
37 ORDER: It is hereby ORDERED that a settlement conference in the above−captioned matter has been scheduled before the undersigned on WEDNESDAY, JUNE 17, 2015 at 2:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007−1312. And as set forth herein. SO ORDERED. ( Settlement Conference set for 6/17/2015 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 6/04/2015) (ama) (Entered: 06/04/2015)
38 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Michael H. Dolinger from Plaintiffs dated 6/19/2015. Document filed by Chelsea Elliot, Jeanne Mansfield.(Aboushi, Aymen) (Entered: 06/19/2015)
39 ORDER terminating 38 Letter Motion for Local Rule 37.2 Conference. it is hereby ORDERED: Defendants are to determine whether they have training records for Inspector Bologna. If so, they are to produce them by no later than June 29, 2015. If not, they are to so state by affidavit or declaration by the same date. Defendants are to provide a Rule 30(b)(6) witness conversant with the topics in plaintiffs' deposition notice concerning the Disorder Control Unit. This is to be done on a mutually convenient date, but by no later than July 10, 2015. If defendants seek to preclude such a deposition, they are to do so by formal motion by no later than June 29, 2015. SO ORDERED. (Signed by Magistrate Judge Michael H. Dolinger on 6/22/2015) Copies Sent By Chambers. (ama) (Entered: 06/22/2015)
Set/Reset Deadlines: Deposition due by 7/10/2015. Motions due by 6/29/2015. (ama) (Entered: 06/22/2015)
40 LETTER addressed to Magistrate Judge Michael H. Dolinger from Dara L. Weiss dated June 26, 2015 re: Group 2 Pepper Spray Cases. Document filed by The City of New York.(Weiss, Dara) (Entered: 06/26/2015)
41 NOTICE of Settlement . Document filed by The City of New York. (Attachments: # 1 Exhibit Stipulation and Order)(Weiss, Dara) (Entered: 07/02/2015)

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07/23/2015

42 STIPULATION AND ORDER OF DISMISSAL: The above−reference action is hereby dismissed with prejudice. (As further set forth in this Order). (Signed by Judge Robert W. Sweet on 7/18/2015) (tro) (Entered: 07/23/2015)