12-2634-cv 

Garcia v. Jane & John Does 

1 UNITED STATES COURT OF APPEALS 

2 

3 FOR THE SECOND CIRCUIT 

4 

5 

6 At a stated term of the United States Court of Appeals 

7 for the Second Circuit, held at the Thurgood Marshall United 

8 States Courthouse, 40 Foley Square, in the City of New York, on 

the 17th 9 day of December, two thousand fourteen, 

10 

11 Present: 

12 ROBERT A. KATZMANN, 

13 Chief Judge, 

14 DENNIS JACOBS, 

15 GUIDO CALABRESI,* 

16 JOSÉ A CABRANES, 

17 ROSEMARY S. POOLER, 

18 REENA RAGGI, 

19 RICHARD C. WESLEY, 

20 PETER W. HALL 

21 DEBRA ANN LIVINGSTON, 

22 GERARD E. LYNCH, 

23 DENNY CHIN, 

24 RAYMOND J. LOHIER, JR., 

25 SUSAN L. CARNEY, 

26 CHRISTOPHER F. DRONEY, 

27 Circuit Judges. 

28 

29 --------------------------------------x 

30 Karina Garcia, as Class Representative 

31 on behalf of herself and others similarly 

32 situated,Yari Osorio, as Class Representative 

33 on behalf of herself and others similarly 

34 situated, Benjamin Becker, as Class 

35 Representative on behalf of himself and 

36 others similarly situated, Cassandra Regan, as 

37 Class Representative on behalf of herself and 

38 others similarly situated, Yareidis Perez, 

39 as Class Representative on behalf of herself 

40 and others similarly situated, Tyler Sova, 

41 as Class Representative on behalf of himself 

42 and others similarly situated, Stephanie Jean 

43 Umoh, as Class Representative on behalf of 

44 herself and others similarly situated, Michael 

45 Crickmore, as Class Representative on behalf 
46 of himself and others similarly situated, 

47 Brooke Feinstein,as Class Representative on 

48 behalf of herself and others similarly situated, 

49 

50 Plaintiffs - Appellees, 

51 

52 Marcel Cartier, as Class Representative 

53 on behalf of himself and others similarly situated, 

54 

55 Plaintiff, 

56 

57 v. 12-2634 

58 

59 Jane and John Does 1-40, Individually and in 

60 their official capacities, 

61 

62 Defendants - Appellants, 

63 Raymond W. Kelly, Individually and in his 

64 official capacity, City of New York, Michael R. 

65 Bloomberg, in his official capacity and 

66 Individually, 

67 

68 Defendants. 

69 --------------------------------------x 

70 

71 For Plaintiffs- Mara Verheyden-Hillard (Andrea Hope 

72 Appellees: Costello and Carl Messineo, on the 

73 brief), Partnership for Civil Justice 

74 Fund, Washington, DC 

75 For Defendants- Ronald E. Sternberg, Assistant 

76 Appellants: Corporation Counsel (Leonard Koerner 

77 and Arthur G. Larkin, Assistant 

78 Corporation Counsel, on the brief), for 

79 Zachary W. Carter, Corporation Counsel 

80 of the City of New York, New York, NY 

81 

82 ORDER 

83 

84 Following disposition of this appeal on August 21, 2014, an 

85 active judge of the Court requested a poll on whether to rehear 

86 the case in banc. A poll having been conducted and a majority of 

87 the active judges of the Court having voted in favor of 

88 rehearing this appeal in banc, 

89 

90 IT IS HEREBY ORDERED that this appeal be heard in banc. See 

91 Fed. R. App. P. 35(a). The in banc panel will consist of the 

92 active judges of the Court and (subject to his election) the 
93 senior circuit judge who served on the three-judge panel. See 28 

94 U.S.C. § 46(c). 

95 

96 The panel having recommended withdrawal of its opinions in 

97 this case, such withdrawal shall be noted on the docket by the 

98 Clerk of Court. 

99 

100 A briefing schedule will follow in due course. 

101 

102 

103 FOR THE COURT: 

104 Catherine O’Hagan Wolfe 

105 Clerk of Court

106 

107 

108 

109 

110 * Senior Circuit Judge Guido Calabresi was a member of the 

111 initial three-judge panel that heard this appeal and is 

112 therefore eligible to participate in in banc rehearing. 

113 See 28 U.S.C. § 46 (c)(1).