United States of America v. City of New York

Filing 1055

MEMORANDUM advising of Second Circuit stay. By Judge Nicholas G. Garaufis on 2/8/2013. (Attachment: Exhibit) (White, Sarah)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------------------------------------X
UNITED STATES OF AMERICA,
MEMORANDUM

Plaintiff,
-and-

07-CV-2067 (NGG) (RLM)

THE VULCAN SOCIETY, INC., for itself and on
behalf of its members, JAMEL NICHOLSON, and
RUSEBELL WILSON, individually and on behalf
of a subclass of all other victims similarly situated
seeking classwide injunctive relief;
ROGER GREGG, MARCUS HAYWOOD, and
KEVIN WALKER, individually and on behalf of a
subclass of all other non-hire victims similarly
situated; and
CANDIDO NUÑEZ and KEVIN SIMPKINS,
individually and on behalf of a subclass of all other
delayed-hire victims similarly situated,
Plaintiff-Intervenors,
-againstTHE CITY OF NEW YORK,
Defendant.
---------------------------------------------------------------------X
NICHOLAS G. GARAUFIS, United States District Judge.
The court informs the Court Monitor that on February 7, 2013, the United States Court of
Appeals for the Second Circuit granted the City’s motion for a stay of certain provisions of the
Remedial Order issued on December 8, 2011. The Order granting the stay is attached as an
exhibit to this Memorandum. The court has reviewed the Order and advises the parties on two
points.

1

First, the court reminds the City of its continuing obligations under the Document
Retention and Preservation Order issued on September 10, 2012. The City has not appealed this
Order and must, except where inconsistent with the stay, continue to abide by its directives.
Second, it is the court’s understanding that the stay applies only to certain provisions of
the court’s December 8, 2011, Remedial Order, and that except where inconsistent with the stay,
all of the court’s other Orders remain in effect. The court reminds the Special Masters that the
City has not appealed the court’s October 26, 2012, Final Relief Order, which governs the
individual relief claims process for nonhire and delayed-hire claimants. The Special Masters and
the parties are reminded to move forward with the claims process as set forth in the court’s prior
Orders relating to individual relief.

/s/
NICHOLAS G. GARAUFIS
United States District Judge

Dated: Brooklyn, New York
February 8, 2013

2