Opinion
No. 12–2634–cv.
2015-02-23
Karina GARCIA, as Class Representative on behalf of herself and others similarly situated, Yari Osorio, as Class Representative on behalf of herself and others similarly situated, Benjamin Becker, as Class Representative on behalf of himself and others similarly situated, Cassandra Regan, as Class Representative on behalf of herself and others similarly situated, Yareidis Perez, as Class Representative on behalf of herself and others similarly situated, Tyler Sova, as Class Representative on behalf of himself and others similarly situated, Stephanie Jean Umoh, as Class Representative on behalf of herself and others similarly situated, Michael Crickmore, as Class Representative on behalf of himself and others similarly situated, Brooke Feinstein, as Class Representative on behalf of herself and others similarly situated, Plaintiffs–Appellees, Marcel Cartier, as Class Representative on behalf of himself and others similarly situated, Plaintiff, v. JANE and John DOES 1–40, Individually and in their official capacities, Defendants–Appellants, Raymond W. Kelly, Individually and in his official capacity, City of New York, Michael R. Bloomberg, in his official capacity and Individually, Defendants.
Mara Verheyden–Hillard (Andrea Hope Costello and Carl Messineo, on the brief), Partnership for Civil Justice Fund, Washington, DC, for Plaintiffs–Appellees. Ronald E. Sternberg, Assistant Corporation Counsel (Leonard Koerner and Arthur G. Larkin, Assistant Corporation Counsel, on the brief), for Zachary W. Carter, Corporation Counsel of the City of New York, New York, NY, for Defendants–Appellants.
Mara Verheyden–Hillard (Andrea Hope Costello and Carl Messineo, on the brief), Partnership for Civil Justice Fund, Washington, DC, for Plaintiffs–Appellees. Ronald E. Sternberg, Assistant Corporation Counsel (Leonard Koerner and Arthur G. Larkin, Assistant Corporation Counsel, on the brief), for Zachary W. Carter, Corporation Counsel of the City of New York, New York, NY, for Defendants–Appellants.
Present: ROBERT A. KATZMANN, Chief Judge, DENNIS JACOBS, GUIDO CALABRESI,JOSE A. CABRANES, ROSEMARY S. POOLER, REENA RAGGI, RICHARD C. WESLEY, PETER W. HALL, DEBRA ANN LIVINGSTON, GERARD E. LYNCH, DENNY CHIN, RAYMOND J. LOHIER, JR., SUSAN L. CARNEY, CHRISTOPHER F. DRONEY, Circuit Judges.
The Court voted to rehear this appeal in banc on December 17, 2014. However, in light of the amended panel opinion that will be issued today, see Garcia v. Does 1–40, 779 F.3d 84 (2d Cir.2015), this case no longer warrants consideration by the in banc Court. The in banc Court is hereby dissolved. The in banc Court, having determined that the case is no longer worthy of rehearing in banc, and having therefore dissolved itself, takes no position on the opinion of the panel.
Senior Circuit Judge Guido Calabresi was a member of the initial three-judge panel that heard this appeal and is therefore eligible to participate in in banc rehearing. See28 U.S.C. § 46(c)(1).