Case 1:20-cv-05441-KPF Document 11 Filed 07/20/20 Page 1 of 2 The City of New York JAMES E. JOHNSON Corporation Counsel LAW DEPARTMENT Rebecca G. Quinn LABOR & EMPLOYMENT LAW DIVISION 100 Church Street, 2nd Floor NEW YORK, NEW YORK 10007 Phone: (212) 356-4382 Fax: (212) 356-2439 Email: rquinn@law.nyc.gov July 20, 2020 BY ECF Hon. Katherine Polk Failla United States District Court Southern District of New York 40 Foley Square New York, NY 10007 Re: Uniformed Fire Officers Association, et al. v. Bill DeBlasio, et al. 20-cv-05441 (KPF) (RWL) Dear Judge Failla: We write in response to Plaintiffs’ letter dated July 17, 2020 and in further support of Defendants’ letter motion seeking a conference also dated July 17, 2020. Attached to this letter is the transcript of the conference before New York State Supreme Court Justice Carol Edmead on July 15, 2020 in which, without Defendants having the opportunity to submit papers, she entered an order staying the release of certain disciplinary records. Despite Plaintiffs’ contention in their letter, it is evident from this transcript that the order entered by Judge Edmead was not a temporary restraining order, but rather a stay, and that it was contemplated and consented to by Defendants to remain in place only until the Plaintiff’s request for a temporary restraining order /preliminary injunction could be heard by the District Court. See Exhibit A, at 7-9. Also contrary to Plaintiffs’ contention in their letter, the parties were not heard on the issue of whether a temporary restraining order should be issued as Defendants informed the court that the case has been removed before either party was fully heard on this issue. See id. at 6-10. For these reasons, Defendants respectfully request that the Court either schedule a conference as soon as practicable to discuss the issues raised in Plaintiffs’ letter or that the Court order a briefing schedule so that Defendants can be afforded an opportunity to be heard on Case 1:20-cv-05441-KPF Document 11 Filed 07/20/20 Page 2 of 2 Plaintiffs’ request for a temporary restraining order and/or a preliminary injunction. With the stay in place, Defendants are in effect, restrained from complying with the repeal of Civil Rights Law § 50-a without having been afforded an opportunity to be heard on the merits of Plaintiffs’ argument that they are entitled to such relief, which they are not. Defendants propose the following briefing schedule: Plaintiffs file their papers seeking a preliminary injunction order by July 21, 2020; Defendants file their response by July 23, 2020; Plaintiffs file a reply by July 24, 2020. Additionally, given that in our original letter, Defendants sought an order compelling Plaintiffs to file their request for a temporary restraining order/preliminary injunction order within 24 hours, Defendants respectfully request that the Court issue an order directing that if Plaintiffs do not file a motion for a temporary restraining order or a preliminary injunction by 4:00 p.m. on July 21, 2020, their request for injunctive relief will be deemed abandoned and that Justice Edmead’s order will no longer be in effect. Respectfully submitted, /s/ Rebecca G. Quinn Assistant Corporation Counsel /s/ Dominique Saint-Fort Assistant Corporation Counsel cc: Anthony Coles (by ECF) DLA Piper Attorney for Plaintiffs 2 Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 1 of 23 2 3 4 5 6 7 8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: CIVIL TERM : PART 35 -------------------------------------------X UNIFORMED FIRE OFFICERS ASSOCIATION; UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK; CORRECTION OFFICERS' BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, INC.; POLICE BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, INC.; SERGEANTS BENEVOLENT ASSOCIATION; LIEUTENANTS BENEVOLENT ASSOCIATION; CAPTAINS ENDOWMENT ASSOCIATION; AND DETECTIVES' ENDOWMENT ASSOCIATION, Petitioners/Plaintiffs, 9 -against- 10 11 12 13 14 15 16 17 18 19 1 Index No. 154982/2020 BILL DE BLASIO, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF NEW YORK; THE CITY OF NEW YORK; FIRE DEPARTMENT OF THE CITY OF NEW YORK; DANIEL A. NIGRO, IN HIS OFFICIAL CAPACITY AS THE COMMISSIONER OF THE FIRE DEPARTMENT OF THE CITY OF NEW YORK; NEW YORK CITY DEPARTMENT OF CORRECTION; CYNTHIA BRANN, IN HER OFFICIAL CAPACITY AS THE COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF CORRECTION; DERMOT F. SHEA, IN HIS OFFICIAL CAPACITY AS THE COMMISSIONER OF THE NEW YORK CITY POLICE DEPARTMENT; THE NEW YORK CITY POLICE DEPARTMENT; FREDERICK DAVIE, IN HIS OFFICIAL CAPACITY AS THE CHAIR OF THE CIVILIAN COMPLAINT REVIEW BOARD; AND THE CIVILIAN COMPLAINT REVIEW BOARD, 20 21 22 Respondents/Defendants. MOTION VIA SKYPE -------------------------------------------X OFFICIAL ADDRESS: 60 Centre Street New York, New York 10007 July 15, 2020 23 24 25 26 B E F O R E: (Via Skype) HON. CAROL EDMEAD, Justice of the Supreme Court (Appearances on the following page.) Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 2 of 23 2 A P P E A R A N C E S: (Via Skype) 3 4 5 6 DLA PIPER US LLP Attorneys for the Petitioners/Plaintiffs 1251 Avenue of the Americas New York, New York 10020-1104 BY: ANTHONY P. COLES, ESQ. JOHN WRAY, ESQ. 7 8 9 10 NEW YORK CITY LAW DEPARTMENT OFFICE OF THE CORPORATION COUNSEL Attorneys for the Respondents/Defendants 100 Church Street New York, New York 10007, New York ZIP BY: REBECCA JO QUINN, ESQ. DOMINIQUE SAINT-FORT, ESQ. 11 12 A L S O 13 GRACE ANN C. LAZARO, Law Secretary 14 MICHAEL W. CAVARRETTA, Law Secretary 15 SAMMER OSMAN, Court Clerk P R E S E N T: (Via Skype) 16 17 18 19 20 21 22 23 24 25 26 * * * * * * * * * * LAURA L. LUDOVICO Senior Court Reporter 60 Centre Street - Room 420 * * 2 Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 3 of 23 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 New York, New York 10007 3 Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 4 of 23 1 4 Proceedings 2 THE COURT: Mr. Osman? 3 THE CLERK: Yes, Your Honor. 4 THE COURT: Okay. 6 THE CLERK: Yes, Your Honor. 7 THE COURT: Okay. 8 and then let's get appearances. 9 THE CLERK: They are all here as well, Your 11 THE COURT: Can we get appearances then? 12 MR. COLES: Your Honor, my name is Tony Coles, 5 10 All right. Mr. Osman, you are there? Let's get the law sectaries Honor. 13 counsel for the petitioners/plaintiffs from the Law Firm of 14 DLA Piper. 15 THE COURT: 16 Next. 17 MR. COLES: 18 also from DLA Piper. 19 THE COURT: 20 Next. 21 MS. QUINN: 22 Rebecca Quinn from the New York City Law 23 Excellent. My colleague is John Wray, W-R-A-Y, Thank you. Good morning, Your Honor. Department on behalf of the Defendants/Respondents. 24 THE COURT: 25 Next. 26 MS. SAINT-FORT: Thank you. Good morning, Your Honor. Laura L. Ludovico, SCR Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 5 of 23 1 5 Proceedings 2 Dominique Saint-Fort from the New York City Law Department, 3 also on behalf of the respondents. 4 5 THE COURT: You'll have to spell your last name, please. 6 MS. SAINT-FORT: 7 dash F-O-R-T, Saint-Fort. 8 9 THE COURT: Thank you. MS. SAINT-FORT: 11 THE COURT: 12 Okay. And you're for the Yes, Your Honor. Anyone else? Let's hear from counsel for Plaintiffs/Petitioners. 14 15 Saint Fort, S-A-I-N-T, Defendants/Respondents as well, right? 10 13 Sure. If you are not speaking, please mute your mic so we don't get echo. 16 Thank you, all. Now, Mr. Coles, Mr. Wray, first question is 17 directed to you. 18 repeal of New York City Civil Rights Law § 50-a, I believe, 19 subparagraph one. We understand that this arises from the 20 Why do you need this relief today? 21 MR. COLES: Your Honor, thank you very much. 22 That obviously is the core question for the proceeding 23 today. 24 The issue here is the repeal of 50-a did not also 25 repeal well-settled New York City laws regarding collective 26 bargaining, regarding due process, regarding contract law Laura L. Ludovico, SCR Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 6 of 23 1 6 Proceedings 2 and regarding Article 78. 3 it appears to be the City's position, is they simply want 4 to ignore the independent existence of the rights of the 5 petitioners and the plaintiffs in this case under settled 6 law to have certain review and certain scoping done of the 7 rule 50-a applications, who we have been told -- I've had a 8 number of conversations with the Law Department and we had 9 come close to having an agreement under which the release 10 of documents would tentatively or provisionally be put on 11 hold while this matter was briefed. 12 not reach an agreement on that. 13 The reason we need a TRO today, We ultimately could My clients, who are the five police unions, the 14 two fire unions and the correction officers' unions, 65,000 15 approximately, law enforcement members, have been told that 16 as early as this week in the wake of the repeal of 50-a, 17 the City is on the verge of a hasty and rushed decision to 18 publish and promote on the internet the personnel records 19 of thousands of officers that contain -- and this is 20 critical -- nonfinal and unsubstantiated claims and 21 allegations. 22 individualized assessment for any determination as to 23 matters that are unproven or unfounded. It is basically a document dump with no 24 The -- 25 MS. QUINN: 26 I'm sorry, I have to -- I'm sorry, Mr. Coles, to interrupt. Laura L. Ludovico, SCR Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 7 of 23 1 Proceedings 2 THE COURT: Who's speaking, please? 3 MS. QUINN: I'm sorry, Your Honor. 4 This is Rebecca Quinn for the respondents. 5 THE COURT: Thank you. 6 MS. QUINN: Thank you so much. 7 I just have to let the Court know that this 8 matter has now been removed based on federal question 9 jurisdiction. 10 7 THE COURT: Go ahead. Well, if the matter has been removed, 11 all this Court is to see is the removal document and then 12 there is no more for us to say. 13 for a stay, will that be then immediately addressed by the 14 Federal Court? 15 16 17 18 19 20 MS. QUINN: Okay. However, the application Your Honor, can I forward those papers to Mr. Osman? THE COURT: You can upload it and eFile and then you could attach it to Mr. Osman. Will there be an interim stay being considered immediately by the Federal Court? 21 MS. QUINN: Your Honor -- 22 THE COURT: The question I have clearly is, 23 simply is, if, as the plaintiffs/petitioners point out, 24 there is the anticipatory disclosure of this information, 25 which could be as early as today. 26 before the Federal Court before there is any disclosure of Will the interim stay be Laura L. Ludovico, SCR Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 8 of 23 1 2 8 Proceedings this information? 3 MS. QUINN: I believe as long as it's before the 4 Court today, Your Honor, yes, that would be today before 5 the Court's conversation. 6 THE COURT: I understand, but you see what you 7 just said? 8 There is a concern, of course, for the petitioners in this 9 case because that is a critical issue in their application "I believe it will be before the Court today." 10 by Order to Show Cause. 11 that there will be no disclosures related to the repeal of 12 New York City Civil Rights Law § 50-a(1) prior to the 13 matter getting before the Federal Court, we are done. So if you can give an assurance 14 MS. QUINN: 15 those assurances, Your Honor? 16 THE COURT: Okay. Can we endeavor to obtain Well, the question I have is unless 17 and until that is done, it's open. 18 saying? 19 You see what I'm Or this Court can just fashion an order that says 20 that the Court has been made aware that -- Grace, this is 21 to you. 22 MS. LAZARO: 23 THE COURT: Yes, Your Honor. The Court has been made aware that 24 this matter has been remanded to the Federal Court. 25 Court's concern, of course, is that pending the matter 26 being heard before the Federal Court, that the issue of the Laura L. Ludovico, SCR The Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 9 of 23 1 9 Proceedings 2 interim stay is critical and I'm inclined to grant an 3 interim stay pending this matter being before the Federal 4 Court. I just don't want there to be a gap. 5 MS. QUINN: I understand, Your Honor. 6 THE COURT: Do you have a problem with the Court 7 fashioning that order? 8 9 10 MS. QUINN: As long -- if I'm understanding Your Honor correctly, the stay would be pending the Federal Court hearing the application for the TRO. 11 THE COURT: Absolutely. 12 MS. QUINN: Okay. Yes, that's -- I understand 13 that, Your Honor, and thank you, that's -- respondents 14 agree to that. 15 THE COURT: So, counsel for 16 plaintiffs/petitioners, I will fashion a short order that 17 says just what I have said and you have an interim stay 18 pending the issue of the stay being brought before the 19 Federal Court with this remand, do you understand? 20 21 MR. COLES: Your Honor, thank you very much and thank you very much for raising that important issue. 22 And I don't know whether or not we'll see you 23 again on this case, but thank you this morning for this 24 time. 25 26 If we do, I look forward to that in the future. THE COURT: Let me say this finally. short order that says exactly what I've said. Laura L. Ludovico, SCR I will do a It will be Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 10 of 23 10 1 Proceedings 2 signed immediately and I expect immediately to see the 3 transfer order so, you know, I'm working with a full 4 picture. 5 6 Okay, everyone? That is directed to Ms. Quinn and Ms. Saint Fort, okay? 7 MS. QUINN: Yes, Your Honor. 8 THE COURT: All right. 9 MR. COLES: Thank you, Your Honor. 10 THE COURT: I'll do that right now. 11 Thank you. Everyone, good luck and stay well. 12 MR. COLES: 13 (WHEREUPON, court is recessed and the case 14 Thank you. adjourned.) ******** 15 16 (WHEREUPON, the case was recalled.) 17 THE COURT: Okay. 18 THE CLERK: Yes, Your Honor. Mr. Osman, who is here? We have Ms. Quinn, 19 we have Ms. Saint-Fort, we also have Mr. Coles, who is 20 appearing by phone. 21 THE COURT: Okay, and the reporter is on? 22 THE CLERK: Yes, Your Honor. 23 THE COURT: So I've received the e-mail from, I 24 believe it's Ms. Quinn, at least Ms. Quinn, it may also be 25 Ms. Saint-Fort, that indicates that you believe it's 26 inappropriate for the Court to -- first of all, you're not Laura L. Ludovico, SCR Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 11 of 23 11 1 Proceedings 2 consenting to the interim stay, which had been discussed 3 when we were on the call earlier, but your position is that 4 the Court has no authority to enter a stay pending the 5 issue being before the Federal Court? 6 MS. QUINN: That's correct, Your Honor. 7 Respectfully, I was made aware of that provision and just 8 wanted to notify the Court. 9 THE COURT: That provision says that the -- 10 you're reading of that provision, which sentence makes it 11 clear to you that the stay would be inappropriate? 12 the sentence in that provision, please. Tell me 13 MS. QUINN: Okay. 14 THE COURT: Yes. 15 (Brief pause in the record.) 16 MS. QUINN: The last sentence. 17 THE COURT: Says? 18 MS. QUINN: "And the State Court shall proceed no 19 Just one second. further unless and until the case is remanded." 20 THE COURT: 21 (Brief pause in the record.) 22 THE COURT: Is it Mr. Coles? 23 MR. COLES: Yes. 24 THE COURT: How do you -- 25 MR. COLES: Yes, I'm here. 26 I don't have any problem with the order. Okay. Now, Mr. Coles. Laura L. Ludovico, SCR I Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 12 of 23 1 2 12 Proceedings thought they consented to the order a half hour ago. 3 THE COURT: They have since withdrawn that based 4 on an e-mail that was sent to the Court a few moments ago 5 where they said that -- they attached the document of 6 removal and they indicated that, according to the section 7 from which she just read -- what are you citing from please 8 so he's aware? 9 10 MR. COLES: me. I don't have the order in front of I'm sorry, I'm on the -- 11 THE COURT: I understand. I'm asking Ms. Quinn, 12 what are you citing from when you say: 13 shall...?" 14 of me. 15 "And the Court You're citing from -- I don't have it in front MS. QUINN: Yes, Your Honor, I'm sorry, I'll get 16 it up. 17 e-mail to Mr. Osman. 18 Adverse Parties and State Court, and it reads: 19 after the filing of such Notice of Removal of a civil 20 action, the Defendant or Defendants shall give written 21 notice thereof to all adverse parties and shall file a copy 22 of the notice with the clerk of such State Court, which 23 shall effect the removal and the State Court shall proceed 24 no further unless and until the case is remanded." 25 26 And I am remiss for not cc'ing Mr. Coles on the THE COURT: It's 28 USC § 1446(d): Notice to Let me ask you something. filed that with the clerk of the Court? Laura L. Ludovico, SCR "Promptly Have you Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 13 of 23 1 13 Proceedings 2 MS. QUINN: Yes, Your Honor. 3 THE COURT: With the clerk of the Court, not MS. QUINN: Yes, we've eFiled the Notice of THE COURT: To the clerk of the Court, not to 9 MS. QUINN: Not to Mr. Osman, Your Honor. 10 THE COURT: Does it say to the clerk of the 12 MS. QUINN: We did -- we sent -- 13 THE COURT: I'm sorry. 4 Mr. Osman? 5 6 Removal. 7 8 11 14 Mr. Osman? Court? Let me just be clear. To the clerk of the Court is referring to the County Clerk? 15 MS. QUINN: We eFiled it on NYSCEF, Your Honor. 16 THE COURT: Mr. Osman, is that filing with the 17 clerk of the Court. 18 THE CLERK: I'm checking on that now, Your Honor. 19 THE COURT: I just want to be clear that we 20 dotted all the I's and crossed all the T's, that giving it 21 to Mr. Osman is not filing it with the clerk of the Court. 22 23 MS. QUINN: and e-mailed a copy to Mr. Osman. 24 25 26 Yes, Your Honor, we filed on NYSCEF THE COURT: Mr. Osman is not the clerk of the MS. QUINN: Understood. Court. That was just a courtesy Laura L. Ludovico, SCR Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 14 of 23 1 Proceedings 2 to him and to you, Your Honor. 3 THE COURT: 4 14 So it's been filed now with the clerk of the Court, you're saying, based on it being eFiled? 5 MS. QUINN: Yes, that's our position, Your Honor. 6 THE COURT: Mr. Osman, is that accurate? 7 THE CLERK: I'm checking on the protocol on 8 filing something with the clerk of the Court currently. 9 Just bear with me a moment. 10 THE COURT: Because if the language says "File 11 with the clerk of the Court," it means filed with the clerk 12 of the Court, not Mr. Osman, which is fine, I just want to 13 be clear that we're following the right guideline when you 14 say that that notice has been given to and filed with the 15 clerk of the Court. 16 Mr. Osman, you're looking it up, right? 17 THE CLERK: Yes, Your Honor. THE COURT: Mr. Coles, while he's looking that 18 19 I'm reading it currently. 20 up, you understand that they're now saying that the interim 21 stay that the Court was going to issue would be 22 inappropriate since it's no longer -- the Court no longer 23 has jurisdiction? 24 MR. COLES: I have two answers to that, Your 25 Honor, without any of the documents, and they didn't even 26 give me the courtesy of sending the e-mail they sent to Laura L. Ludovico, SCR Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 15 of 23 1 2 15 Proceedings Mr. Osman. 3 THE COURT: 4 said: 5 to -- By the way, stop one second. You "I'm sorry, I was remiss in failing to give notice 6 MS. QUINN: I meant the e-mail to Mr. Osman 7 advising him of the federal statute that we were just 8 discussing. 9 10 THE COURT: Well, let me ask you. How did you already give notice to Mr. Coles of the removal? 11 MS. QUINN: Through the NYSCEF filing. 12 THE COURT: Okay. 13 MR. COLES: How do -- 14 THE COURT: Go ahead, Mr. Coles. 15 MR. COLES: Okay. First of all, I think the fact 16 that they didn't send me the same e-mail they sent to 17 Mr. Osman should make this filing void, but two other 18 points. 19 20 First, your order was entered into before they did this filing. 21 22 THE COURT: ordered. I so ordered. The transcript was so Ms. Quinn -- 23 MR. COLES: Yes, and that -- 24 THE COURT: My transcript granted -- the interim 25 stay pending the action before the Federal Court was so 26 ordered before I got Notice of Removal. Laura L. Ludovico, SCR Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 16 of 23 1 16 Proceedings 2 MS. QUINN: Yes, I understand that, Your Honor. 3 THE COURT: Well, let me be clear. This is 4 all -- I hate to be hypertechnical, but it really matters. 5 It matters because it is important. 6 end of the day it's of no moment because the 7 defendants/respondents had no intentions of, you know, 8 putting this out here before the issue gets before the 9 Federal Court, but just in an abundance of caution, belt It may be that at the 10 and suspenders, the order of this Court preceded your 11 Notice of Removal. 12 MS. QUINN: You mean by the -- 13 THE COURT: Whether or not it was uploaded and 14 filed with the clerk of the Court and whether notice was 15 given to the parties, the order of this court preceded 16 that. 17 MS. QUINN: You mean by the transcript? 18 THE COURT: Which was so ordered. 19 MS. QUINN: Okay. 20 21 really disagree. Yes, I can't really -- I can't I just wonder whether -- THE COURT: I understand, but do you understand 22 where the Court is because -- I mean, quite honestly, 23 taking no position, the issue is a critical issue to the 24 petitioners/plaintiffs and in an abundance of caution on 25 their behalf they are looking for nothing to happen, slip 26 through, while they're waiting to go to Federal Court and I Laura L. Ludovico, SCR Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 17 of 23 1 17 Proceedings 2 understand that. 3 what came first, I would have to comply with that, but in 4 light of the fact that this Court's order, which granted 5 the interim stay, preceded the Notice of Removal in 6 compliance with rules and guidelines, the order of this 7 Court stands. 8 9 And if you were accurate with respect to MR. COLES: If I may be heard. She can appeal your order, she can move for reconsideration. She can't 10 come in on an e-mail that's not sent to the other side and 11 say vacate it. 12 process. 13 That's a completely improper, absurd The CPLR tells you how you challenge orders. MS. QUINN: I'm sorry, Mr. Coles, if I may. I 14 was not asking for a vacation of the order. 15 realize that the order had already been issued. 16 that the transcript was so ordered, so I certainly was not 17 seeking to vacate and order without letting you know. 18 was just informing the Court of -- 19 20 21 MR. COLES: Okay, I got it. I didn't I did know I I think the order should stay for all of the reasons we talked about. THE COURT: The order has to stand because it 22 preceded either the Notice of Removal being provided to the 23 Court or the Notice of Removal being provided to the 24 petitioners/plaintiffs or the Notice of Petition being 25 provided to the clerk of the Court. 26 that, the order of the Court stands. In light of all of Laura L. Ludovico, SCR Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 18 of 23 1 18 Proceedings 2 MR. COLES: Thank you. 3 THE COURT: That's that. 4 MR. COLES: All right. 5 THE COURT: Mr. Osman? 6 THE CLERK: Yes, Your Honor. 7 THE COURT: I know this is hypertechnical, but 8 sometimes that's what we're dealing with. 9 THE CLERK: Right. 10 THE COURT: And I am going to -- that is all I 11 have to say. 12 13 The order stands. MR. COLES: Thank you, Your Honor. I'm going to THE COURT: And I will make sure a hard copy is sign off. 14 15 given to you all as an attachment to an e-mail in 16 accordance with the so ordered transcript so that if you 17 want to go, Ms. Quinn, immediately up to the Appellate 18 Division, you'll have the transcript, which you have to 19 order, and a hard copy, okay? 20 MR. COLES: Thank you, Your Honor. 21 THE CLERK: Your Honor, will you be so ordering 22 this transcript? 23 THE COURT: 24 Everyone, the best of luck to you all. 25 26 So ordered. Thank you. safe. MR. COLES: Thank you, Your Honor. Laura L. Ludovico, SCR Stay Case 1:20-cv-05441-KPF Document 11-1 Filed 07/20/20 Page 19 of 23 1 Proceedings 2 3 19 THE COURT: health. Most importantly, stay safe and stay I'm logging off. 4 MS. QUINN: 5 * You too, Your Honor. * * * Thank you. * 6 I, Laura L. Ludovico, a senior court reporter for 7 the State of New York, do hereby certify that the foregoing 8 is a true and accurate transcription of my original 9 stenographic notes. 10 11 __________________________________ Laura L. Ludovico Senior Court Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Laura L. Ludovico, SCR already [2] 15/10 17/15 came [1] 17/3 Case 1:20-cv-05441-KPF also Document Filed 07/20/20 Page of7/17 23 8/10 8/14 8/19 [5] 4/18 5/311-1 5/24 10/19 10/24 can [8] 4/1120 7/15 MR. COLES: [20] MS. LAZARO: [1] 8/22 MS. QUINN: [33] MS. SAINT-FORT: [3] 4/26 5/6 5/10 THE CLERK: [11] 4/3 4/6 4/9 10/18 10/22 13/18 14/7 14/17 18/6 18/9 18/21 THE COURT: [65] -------------------------------------------X [2] 1/3 1/21 -against [1] 1/10 1 100 [1] 2/9 10007 [3] 1/22 2/9 3/2 10020-1104 [1] 2/5 1104 [1] 2/5 1251 [1] 2/4 1446 [1] 12/17 15 [1] 1/22 154982/2020 [1] 1/10 2 2020 [2] 1/10 1/22 28 [1] 12/17 3 35 [1] 1/2 4 420 [1] 2/26 5 50-a [5] 5/18 5/24 6/7 6/16 8/12 6 60 [2] 1/21 2/26 65,000 [1] 6/14 7 78 [1] 6/2 A about [1] 17/20 Absolutely [1] 9/11 absurd [1] 17/11 abundance [2] 16/9 16/24 accordance [1] 18/16 according [1] 12/6 accurate [3] 14/6 17/2 19/8 action [2] 12/20 15/25 ADDRESS [1] 1/21 addressed [1] 7/13 adjourned [1] 10/14 adverse [2] 12/18 12/21 advising [1] 15/7 after [1] 12/19 again [1] 9/23 against [1] 1/10 ago [2] 12/2 12/4 agree [1] 9/14 agreement [2] 6/9 6/12 ahead [2] 7/5 15/14 all [17] 4/4 4/9 5/15 7/11 10/8 10/26 12/21 13/20 13/20 15/15 16/4 17/20 17/25 18/4 18/10 18/15 18/24 allegations [1] 6/21 am [2] 12/16 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16/7 16/23 nonfinal [1] 6/20 not [16] 5/14 5/24 6/12 9/22 10/26 12/16 13/3 13/7 13/9 13/21 13/24 14/12 16/13 17/10 17/14 17/16 notes [1] 19/9 nothing [1] 16/25 notice [15] 12/17 12/19 12/21 12/22 13/5 14/14 15/4 15/10 15/26 16/11 16/14 17/5 17/22 17/23 17/24 notify [1] 11/8 now [7] 5/16 7/8 10/10 11/20 13/18 14/3 14/20 number [1] 6/8 NYSCEF [3] 13/15 13/22 15/11 proceeding [1] 5/22 process [2] 5/26 17/12 promote [1] 6/18 Promptly [1] 12/18 protocol [1] 14/7 provided [3] 17/22 17/23 17/25 provision [4] 11/7 11/9 11/10 11/12 provisionally [1] 6/10 publish [1] 6/18 put [1] 6/10 putting [1] 16/8 Case 1:20-cv-05441-KPF noDocument Filed Page of 12/23 23 [2] 22 11/18 [12] 1/9 6/2111-1 7/12 8/11 11/407/20/20 11/18 proceed law... [7] 5/2 5/18 5/26 6/6 6/8 6/15 8/12 laws [1] 5/25 LAZARO [1] 2/13 least [1] 10/24 let [6] 7/7 9/25 12/25 13/13 15/9 16/3 let's [3] 4/7 4/8 5/12 letting [1] 17/17 LIEUTENANTS [1] 1/6 light [2] 17/4 17/25 LLP [1] 2/3 logging [1] 19/3 long [2] 8/3 9/8 longer [2] 14/22 14/22 look [1] 9/24 looking [3] 14/16 14/19 16/25 luck [2] 10/11 18/24 LUDOVICO [3] 2/25 19/6 19/11 O obtain [1] 8/14 obviously [1] 5/22 off [2] 18/13 19/3 made [3] 8/20 8/23 11/7 OFFICE [1] 2/8 mail [8] 10/23 12/4 12/17 14/26 15/6 officers [2] 1/3 6/19 15/16 17/10 18/15 officers' [2] 1/4 6/14 mailed [1] 13/23 OFFICIAL [6] 1/11 1/13 1/15 1/16 1/18 make [2] 15/17 18/14 1/21 makes [1] 11/10 okay [17] 4/4 4/7 5/12 7/15 8/14 9/12 matter [7] 6/11 7/8 7/10 8/13 8/24 8/25 10/4 10/6 10/17 10/21 11/13 11/20 9/3 15/12 15/15 16/19 17/19 18/19 matters [3] 6/23 16/4 16/5 one [3] 5/19 11/13 15/3 may [4] 10/24 16/5 17/8 17/13 open [1] 8/17 MAYOR [1] 1/11 order [23] me [11] 9/25 11/11 12/10 12/14 12/25 ordered [7] 15/21 15/22 15/26 16/18 13/13 14/9 14/26 15/9 15/16 16/3 17/16 18/16 18/23 mean [3] 16/12 16/17 16/22 ordering [1] 18/21 means [1] 14/11 orders [1] 17/12 meant [1] 15/6 original [1] 19/8 members [1] 6/15 OSMAN [21] mic [1] 5/14 other [2] 15/17 17/10 MICHAEL [1] 2/14 our [1] 14/5 moment [2] 14/9 16/6 out [2] 7/23 16/8 moments [1] 12/4 more [1] 7/12 P morning [3] 4/21 4/26 9/23 page [1] 1/26 Most [1] 19/1 papers [1] 7/16 MOTION [1] 1/20 PART [1] 1/2 move [1] 17/9 parties [3] 12/18 12/21 16/15 Mr [4] 3/3 7/16 11/22 14/16 pause [2] 11/15 11/21 Mr. [27] pending [6] 8/25 9/3 9/9 9/18 11/4 Mr. Coles [9] 5/16 6/26 10/19 11/20 15/25 12/16 14/19 15/10 15/14 17/13 personnel [1] 6/18 Mr. Osman [17] 4/4 7/18 10/17 12/17 Petition [1] 17/24 13/4 13/8 13/9 13/16 13/21 13/23 petitioners [10] 1/9 2/4 4/13 5/13 6/5 13/24 14/6 14/12 15/1 15/6 15/17 18/5 7/23 8/8 9/16 16/24 17/24 Mr. Wray [1] 5/16 petitioners/plaintiffs [5] 1/9 2/4 4/13 Ms. [10] 10/5 10/5 10/18 10/19 10/24 16/24 17/24 10/24 10/25 12/11 15/22 18/17 phone [1] 10/20 Ms. Quinn [7] 10/5 10/18 10/24 10/24 picture [1] 10/4 12/11 15/22 18/17 PIPER [3] 2/3 4/14 4/18 Ms. Saint [1] 10/5 plaintiffs [9] 1/9 2/4 4/13 5/13 6/5 7/23 Ms. Saint-Fort [2] 10/19 10/25 9/16 16/24 17/24 much [4] 5/21 7/6 9/20 9/21 plaintiffs/petitioners [3] 5/13 7/23 9/16 mute [1] 5/14 please [5] 5/5 5/14 7/2 11/12 12/7 my [5] 4/12 4/17 6/13 15/24 19/8 point [1] 7/23 points [1] 15/18 N police [4] 1/5 1/17 1/17 6/13 name [2] 4/12 5/4 position [4] 6/3 11/3 14/5 16/23 need [2] 5/20 6/2 preceded [4] 16/10 16/15 17/5 17/22 NEW [29] prior [1] 8/12 Next [3] 4/16 4/20 4/25 M Q question [5] 5/16 5/22 7/8 7/22 8/16 QUINN [10] 2/10 4/22 7/4 10/5 10/18 10/24 10/24 12/11 15/22 18/17 quite [1] 16/22 R raising [1] 9/21 reach [1] 6/12 read [1] 12/7 reading [2] 11/10 14/17 reads [1] 12/18 realize [1] 17/15 really [3] 16/4 16/19 16/20 reason [1] 6/2 reasons [1] 17/20 REBECCA [3] 2/10 4/22 7/4 recalled [1] 10/16 received [1] 10/23 recessed [1] 10/13 reconsideration [1] 17/9 record [2] 11/15 11/21 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[1] 12/21 they [13] 4/9 6/3 12/2 12/3 12/5 12/5 12/6 14/25 14/26 15/16 15/16 15/19 16/25 they're [2] 14/20 16/26 think [2] 15/15 17/19 this [31] those [2] 7/16 8/15 thought [1] 12/1 thousands [1] 6/19 through [2] 15/11 16/26 time [1] 9/24 today [7] 5/20 5/23 6/2 7/25 8/4 8/4 8/7 told [2] 6/7 6/15 Tony [1] 4/12 too [1] 19/4 transcript [7] 15/21 15/24 16/17 17/16 18/16 18/18 18/22 transcription [1] 19/8 transfer [1] 10/3 TRO [2] 6/2 9/10 true [1] 19/8 two [3] 6/14 14/24 15/17 we [21] we'll [1] 9/22 we're [2] 14/13 18/8 we've [1] 13/5 week [1] 6/16 well [8] 4/9 5/9 5/25 7/10 8/16 10/11 15/9 16/3 well-settled [1] 5/25 were [3] 11/3 15/7 17/2 what [8] 8/6 8/17 9/17 9/26 12/7 12/12 17/3 18/8 when [3] 11/3 12/12 14/13 where [2] 12/5 16/22 WHEREUPON [2] 10/13 10/16 whether [4] 9/22 16/13 16/14 16/20 which [10] 6/9 7/25 11/2 11/10 12/7 12/22 14/12 16/18 17/4 18/18 while [3] 6/11 14/19 16/26 who [4] 6/7 6/13 10/17 10/19 Who's [1] 7/1 Why [1] 5/20 will [10] 7/13 7/19 7/25 8/7 8/11 9/16 9/25 9/26 18/14 18/21 withdrawn [1] 12/3 without [2] 14/25 17/17 wonder [1] 16/20 working [1] 10/3 would [6] 6/10 8/4 9/9 11/11 14/21 17/3 WRAY [3] 2/6 4/17 5/16 written [1] 12/20 Case 1:20-cv-05441-KPF tentatively Document 11-1 Filed 07/20/20 [1] 6/10 way Page [1] 15/323 of 23 SAINT... [1] 10/25 SAINT-FORT [3] 2/10 5/2 5/7 same [1] 15/16 SAMMER [1] 2/15 say [7] 7/12 9/25 12/12 13/10 14/14 17/11 18/11 saying [3] 8/18 14/4 14/20 says [6] 8/19 9/17 9/26 11/9 11/17 14/10 says that [1] 11/9 scoping [1] 6/6 second [2] 11/13 15/3 Secretary [2] 2/13 2/14 sectaries [1] 4/7 section [1] 12/6 see [5] 7/11 8/6 8/17 9/22 10/2 seeking [1] 17/17 send [1] 15/16 sending [1] 14/26 senior [3] 2/26 19/6 19/11 sent [5] 12/4 13/12 14/26 15/16 17/10 sentence [3] 11/10 11/12 11/16 SERGEANTS [1] 1/6 settled [2] 5/25 6/5 shall [6] 11/18 12/13 12/20 12/21 12/23 12/23 she [4] 12/7 17/8 17/9 17/9 SHEA [1] 1/16 short [2] 9/16 9/26 should [2] 15/17 17/20 Show [1] 8/10 side [1] 17/10 sign [1] 18/13 signed [1] 10/1 simply [2] 6/3 7/23 since [2] 12/3 14/22 SKYPE [4] 1/20 1/24 2/2 2/12 slip [1] 16/25 so [18] 5/14 7/6 8/10 9/15 10/3 10/23 12/8 14/3 15/21 15/21 15/25 16/18 17/16 17/16 18/16 18/16 18/21 18/23 something [2] 12/25 14/8 sometimes [1] 18/8 sorry [8] 6/25 6/25 7/3 12/10 12/15 13/13 15/4 17/13 speaking [2] 5/14 7/2 spell [1] 5/4 stand [1] 17/21 stands [3] 17/7 17/26 18/11 STATE [6] 1/2 11/18 12/18 12/22 12/23 19/7 statute [1] 15/7 stay [19] 7/13 7/19 7/25 9/2 9/3 9/9 9/17 9/18 10/11 11/2 11/4 11/11 14/21 15/25 17/5 17/20 18/24 19/2 19/2 stenographic [1] 19/9 stop [1] 15/3 Street [3] 1/21 2/9 2/26 subparagraph [1] 5/19 such [2] 12/19 12/22 SUPREME [2] 1/2 1/25 sure [2] 5/6 18/14 suspenders [1] 16/10 T T's [1] 13/20 taking [1] 16/23 talked [1] 17/20 Tell [1] 11/11 U ultimately [1] 6/11 under [2] 6/5 6/9 understand [11] 5/17 8/6 9/5 9/12 9/19 12/11 14/20 16/2 16/21 16/21 17/1 understanding [1] 9/8 Understood [1] 13/26 unfounded [1] 6/23 UNIFORMED [2] 1/3 1/4 unions [3] 6/13 6/14 6/14 unless [3] 8/16 11/19 12/24 unproven [1] 6/23 unsubstantiated [1] 6/20 until [3] 8/17 11/19 12/24 up [4] 12/16 14/16 14/20 18/17 upload [1] 7/17 uploaded [1] 16/13 us [2] 2/3 7/12 USC [1] 12/17 V vacate [2] 17/11 17/17 vacation [1] 17/14 verge [1] 6/17 very [3] 5/21 9/20 9/21 VIA [4] 1/20 1/24 2/2 2/12 void [1] 15/17 W waiting [1] 16/26 wake [1] 6/16 want [5] 6/3 9/4 13/19 14/12 18/17 wanted [1] 11/8 was [17] 6/11 10/16 11/7 12/4 13/26 14/21 15/4 15/19 15/21 15/25 16/13 Y yes [22] YORK [29] you [64] you'll [2] 5/4 18/18 you're [6] 5/8 10/26 11/10 12/13 14/4 14/16 your [46] Z ZIP [1] 2/9