Opinion
20 Civ. 8924
07-19-2022
In Re New York City Policing During Summer 2020 Demonstrations This Relates to All Cases
ORDER
GABRIEL W. GORENSTEIN UNITED STATES MAGISTRATE JUDGE
WHEREAS, the Court held a conference on July 11, 2022 regarding the procedures to be followed for high-level depositions in these Consolidated Actions, it is hereby ORDERED as follows:
A. Defendants' Pre-Deposition Productions
1. As soon as practicable after a deposition from the list of high-level deponents is calendared, Defendants shall provide to Plaintiffs and Union-Intervenors a list of all protests from the Amended Schedule A (attached as Exhibit 1 to this Order) (i) at which the deponent was present, (ii) that the deponent participated in planning, and/ or (iii) that the deponent participated in an evaluation of the NYPD's response.
At the Conference on July 11, 2022, the Court declined to make a definitive ruling with respect to the application of Amended Schedule A to this litigation, except as to the deposition protocol. (Transcript at 25:5-8).
2. No later than August 1, 2022, Defendants shall produce to Plaintiffs and Union-Intervenors the disciplinary (IAB and CCRB) histories concerning all charges relating to use of force, dishonesty, or unlawful arrest occurring on or after May 28, 2010 (10 years prior to the protests of 2020) for each high-level deponent noticed by Plaintiffs. This deadline can be modified by agreement between the Parties.
3. No later than one week prior to the depositions, Defendants shall provide to Plaintiffs and Union-Intervenors:
a. the deponent's full calendar from May 25-July 25, 2020 in addition to all calendar entries related to any protest listed on Amended Schedule A, and
b. each text message sent or received on the deponent's NYPD cell phone concerning any protest listed on Amended Schedule A.
B. Plaintiffs' Pre-Deposition Exchange
One week prior to the deposition, a party taking a deposition may provide the attorneys for any witness being deposed with a list of topics and case law they plan to cover in the deposition and certain exhibits they may use, without prejudice to amendment or supplementation at the time of deposition, and that time reasonably used during a deposition for review of case law, documents and other exhibits not produced prior to the deposition is not chargeable to the deponent.
So Ordered.
Exhibit 1
Amended S chedule A: List of Protest Locations
The allegations listed in this table reference those in the Amended Complaints in People, No. 21 Civ. 322 (ECF No. 51), Payne, No. 20 Civ. 8224 (ECF No. 54), Sierra, No. 20 Civ. 10291 (ECF No. 38), Sow, 21 Civ. 533 (ECF No. 49) Wood, 20 Civ. 10541 (ECF No. 48), Gray, 20 Civ. 8924 (ECF No. 31) and the Complaints Hernandez, No. 21 Civ. 7406 (ECF No. 1) and Rolon, No. 21 Civ. 2548 (ECF No. 1). The allegations related to Yates, which is no longer active, have been deleted.
Protest No. Date Approximate Location Complaint Allegations 1 May 28, 2020 Lafayette Street to City Hall, Manhattan People, ¶ 51 Sow, ¶ 65 2 May 28, 2020 Union Square, Manhattan People, ¶¶ 128-132 Payne, ¶ 44 Sow, ¶ 65 3 May 29, 2020 Foley Square Manhattan to Near Barclays Center, Brooklyn via Brooklyn Bridge People, ¶¶ 52, 193-195, 196-202 Payne, ¶ 45 Sow, ¶ 65 Wood, ¶¶ 45-47 Rolon, ¶ 105 4 May 29, 2020 Clinton Hill, Brooklyn People, ¶¶ 52, 133-140, 223-226 5 May 29, 2020 Fort Greene, Brooklyn People, ¶ 52 6 May 29, 2020 Bedford-Stuyvesant, Brooklyn (Herbert von King Park), Brooklyn People, ¶¶ 141-149, 161-163 7 May 29, 2020 Pacific Street and Flatbush Avenue, Brooklyn People, ¶¶ 215-219 Wood, ¶¶ 48-50 Gray ¶¶ 96-101 8 May 29, 2020 Union Square, Manhattan People, ¶ 52 9 May 29, 2020 Herald Square, Manhattan People, ¶ 52 10 May 30, 2020 Jackson Heights, Queens People, ¶ 53 11 May 30, 2020 Park Slope, Brooklyn People, ¶ 53 12 May 30, 2020 East Flatbush, Brooklyn People, ¶¶ 53, 312-317 Sow, ¶ 67 13 May 30, 2020 Near Bedford & Tilden Aves., Brooklyn People, ¶¶ 178-192, 235-236 14 May 30-31, 2020 Barclays Center to Flatbush Extension, Brooklyn People, ¶¶ 203-207, 107-114 Payne, ¶¶ 47-48, 107115 15 May 30, 2020 Harlem / West Side Highway, Manhattan People, ¶¶ 402-407 16 May 30, 2020 Union Square to FDR Drive/Lower East Side, Manhattan Payne, ¶¶ 50, 117-123 Sow, ¶¶ 130-151 Gray, ¶¶ 58-65 5 17 May 30, 2020 City Hall to Brooklyn Bridge, Manhattan Sow, ¶¶ 152-177 18 May 31, 2020 Near Barclays Center, Brooklyn People, ¶ 54 Sow, ¶ 68 19 May 31, 2020 Downtown Brooklyn to multiple bridges People, ¶ 54 20 May 31, 2020 Brooklyn Bridge People, ¶ 54 21 May 31, 2020 From Manhattan Bridge to Chinatown, Church Avenue, and/or across Canal Street, Manhattan People, ¶ 54 Wood, ¶¶ 51-54 Gray ¶¶ 80-84 22 May 31, 2020 Near Williamsburg Bridge, Manhattan People, ¶ 54 23 May 31, 2020 Broadway to E. 11th St. & Near Union Square, Manhattan People, ¶¶ 155-160, 231-234 Payne, ¶¶ 125-130 24 May 31, 2020 Times Square, Manhattan People, ¶ 54 25 May 31, 2020 F.D.R. Drive, Manhattan People, ¶¶ 208-210 26 June 1, 2020 Midtown, Manhattan People, ¶¶ 55, 227-230 Payne, ¶ 53 Sow, ¶¶ 208-219 Rolon, ¶84 27 June 1, 2020 East Village, Manhattan People, ¶ 55 28 June 1, 2020 Near Union Square Park, Manhattan People, ¶ 55 Payne, ¶ 53 28.1 June 1, 2020 440 Broadway, Manhattan Gray, ¶¶ 80-84 29 June 1, 2020 Near Barclays Center, Brooklyn, Crossing Manhattan Bridge into Times Square & Near Port Authority, Manhattan People, ¶ 55 Sow, ¶¶ 180-206 30 June 1, 2020 Fordham Manor, Bronx People, ¶ 55 31 June 1, 2020 Astoria Park, Queens People, ¶ 55 32 June 1, 2020 Flushing, Queens People, ¶ 55 33 June 2, 2020 Lower Manhattan/Foley Square to Central Park, Manhattan People, ¶¶ 56, 318-323 Payne, ¶¶ 131-136 Gray, ¶¶ 74-79 34 June 2, 2020 Union Square, Manhattan People, ¶¶ 56 35 June 2, 2020 Near Barclays Center, Brooklyn to Manhattan Bridge People, ¶¶ 330-336 36 June 2, 2020 Upper West Side, Manhattan People, ¶¶ 56, 423-430 37 June 2, 2020 Astor Place, Manhattan People, ¶ 56 38 June 2, 2020 Chelsea, Manhattan People, ¶ 56 Payne, ¶ 54 6 39 June 2, 2020 Near West Side Highway, Manhattan Payne, ¶ 54 Sow, ¶¶ 220-237, 239 282 40 June 2, 2020 Bryant Park to Midtown, Manhattan People, ¶ 57 Wood, ¶¶ 55-59 41 June 3, 2020 Cadman Plaza, Brooklyn People, ¶¶ 57, 164-168, 337-346 Payne, ¶¶ 55, 143-159 Sow, ¶ 83 Wood, ¶¶ 65-66 42 June 3, 2020 Maria Hernandez Park, Brooklyn People, ¶ 57 43 June 3, 2020 Midtown East/Upper East Side, Manhattan People, ¶¶ 57, 237-246, 347-354 Sow, ¶ 84-85, 284-309 Wood, ¶¶ 60-64 44 June 4, 2020 Mott Haven, Bronx People, ¶¶ 58, 169-170, 247-255, 284-310, 366387 Wood, ¶¶ 116-167 Payne, ¶¶ 59-65, 161173, 182-192, 194-200 Sierra, ¶¶ 41-124 Sow, ¶¶ 86-93, 310-329, 332-345, 348-390, 392418 Rolon, ¶121 Hernandez, ¶¶ 1-12, 61421 45 June 4, 2020 McCarren Park to South Williamsburg, Brooklyn People, ¶¶ 355-365 Payne, ¶¶ 58, 202-206 Wood, ¶¶ 67-68 Sow, ¶ 84-85 46 June 4, 2020 Clinton Hill and Prospect Heights, Brooklyn People, ¶ 59 47 June 4, 2020 Flatbush, Brooklyn People, ¶ 59 48 June 4, 2020 Brooklyn Bridge People, ¶ 59 49 June 4, 2020 Midtown, Manhattan People, ¶ 59 50 June 4, 2020 Flushing, Queens People, ¶ 59 51 June 4, 2020 Central Park West, Manhattan People, ¶ 59 52 June 5, 2020 Crown Heights, Brooklyn People, ¶ 60 53 June 5, 2020 Sunset Park, Brooklyn People, ¶ 60 54 June 5, 2020 Staten Island People, ¶ 60 55 June 5, 2020 Near Gracie Mansion, Manhattan People, ¶ 60 7 56 June 5, 2020 Barclays Center to Downtown Brooklyn People, ¶ 60 57 June 5, 2020 Nostrand Ave., Brooklyn Payne, ¶ 71 58 June 6, 2020 Financial District, Manhattan People, ¶ 61 59 June 7, 2020 Upper East Side, Manhattan People, ¶ 61 60 June 8, 2020 Times Square, Manhattan People, ¶ 61 61 June 14, 2020 Times Square, Manhattan Payne, ¶ 74 62 June 28, 2020 Foley Square to West Village, Manhattan (incl. Washington Square Park) People, ¶ 62 Payne, ¶¶ 78, 174-180, 209-210 63 June 23-30, 2020 City Hall Park, Manhattan Payne, ¶ 74 64 July 3, 2020 City Hall Park, Manhattan People, ¶ 63 65 July 11, 2020 Dyker Heights, Brooklyn Sow, ¶ 101 66 July 12, 2020 Bay Ridge, Brooklyn Sow, ¶ 102 67 July 15, 2020 Brooklyn Bridge Pedestrian Path People, ¶¶ 408-421 Gray, ¶¶ 66-73 67.1 July 21, 2020 City Hall Plaza 67.2 July 25, 2020 Beach 101 St., Queens to Grand Army Plaza, Brooklyn 68 July 28, 2020 Kips Bay, Manhattan People, ¶ 64 68.1 July 28, 2020 Columbus Park, Manhattan to Grand Army Plaza, Brooklyn 69 September 11, 2020 McCarren Park, Brooklyn People, ¶ 65 69.1 September 12, 2020 4295 Broadway, Manhattan Rolon ¶130 70 September 17, 2020 Foley Square, Manhattan Payne, ¶ 76 70.1 September 18, 2020 26 Federal Plaza, Manhattan to McCarren Park, Brooklyn 71 September 19, 2020 Times Square, Manhattan Payne, ¶ 77 72 September 26, 2020 Washington Square Park and Near Sixth Precinct Stationhouse, Manhattan People, ¶ 66 73 October 6, 2020 Borough Park, Brooklyn Sow, ¶ 103 74 October 7, 2020 Bedford-Stuyvesant, Brooklyn People, ¶ 67 74.1 October 21, 2020 740 Park Avenue, Manhattan to Carl Schurz Park, Manhattan 8 75 October 25, 2020 Coney Island, Brooklyn to near Trump Tower, Manhattan, to Brooklyn Park Sow, ¶ 104 75.1 October 25, 2020 40th Pct. Stationhouse, Bronx to Carl Schurz Park, Manhattan 76 November 1, 2020 Hell's Kitchen, Manhattan Sow, ¶ 105 77 November 4, 2020 Washington Square Park, W. 8th and Greenwich Ave., Manhattan People, ¶¶ 68, 388-389 78 November 4, 2020 Central Park to Union Square, Manhattan People, ¶ 68, 390-393 Payne, ¶ 78 79 November 5, 2020 West Village to Union Square, Manhattan People, ¶ 69 Payne, ¶ 79 80 December 2, 2020 Staten Island Sow, ¶ 106 81 December 11, 2020 Downtown Brooklyn People, ¶ 70 82 January 12-16, 2021 Downtown Brooklyn Payne, ¶ 138 83 January 18, 2021 Barclays Center, Brooklyn to City Hall Park, Manhattan People, ¶¶ 71, 112-113 394-398 Payne, ¶¶ 80, 139-140 Rolon, ¶144 84 February 12, 2021 Manhattan, Midtown near 54th street and 6th avenue Rolon, ¶136