United States of America v. City of New York

Filing 758

ORDER APPOINTING COURT MONITOR: The court has appointed Mark S. Cohen to serve as the Court Monitor in this case. Please see attached. Ordered by Judge Nicholas G. Garaufis on 11/9/2011. (Chapuis, Emily)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
ORDER APPOINTING
MONITOR

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.
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NICHOLAS G. GARAUFIS, United States District Judge.
On October 5, 2011, the court issued a Memorandum and Order stating its intention to
impose a Partial Judgment and Remedial Order Respecting Firefighter Recruitment, Equal
Employment Opportunity, and Post-Testing Procedures and to appoint a Court Monitor. (Docket
Entry # 743.) The court asked the parties to jointly or separately suggest three or more names of
individuals who they believed would be suitable in carrying out the role of Court Monitor, as

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outlined in the court’s Draft Remedial Order. (Id. at 29-30; see also Draft Remedial Order
(Docket Entry # 743-1).)
Over the past several weeks, the court has undertaken a lengthy process of evaluating
potential court monitors. The court has interviewed twelve highly qualified individuals and
groups interested in serving in this role. Among those interviewed were candidates proposed by
each of the parties as well as candidates not suggested by any party. The court asked the parties
to provide written feedback, stating whether they objected to, consented to, or endorsed each
candidate and providing detailed reasons for their positions. Despite the court’s best efforts and
the impressive qualifications of this truly exceptional group of applicants, the parties were not
able to agree on any one candidate.
Having given serious consideration to all of the applicants and to the parties’ positions,
the court selects Mark S. Cohen to serve as the Court Monitor. Mark S. Cohen is a named
partner in Cohen & Gresser LLP. Since co-founding the firm in 2002, Mr. Cohen has headed the
firm’s Litigation & Arbitration and White Collar Defense, Regulatory Enforcement and Internal
Investigations groups. He received his B.A. from Cornell University and is a magna cum laude
graduate of the University of Michigan Law School, where he was an editor of the Michigan
Law Review. Mr. Cohen has served previously as an Assistant United States Attorney for the
Eastern District of New York in the Criminal Division. He currently maintains an active private
practice, handling both civil and criminal matters. The City and the United States do not object
to Mr. Cohen’s monitorship candidacy.
The court’s Partial Judgment and Remedial Order is forthcoming. Mr. Cohen and the
City are instructed to discuss the terms of compensation and out-of-pocket expenses for the
Court Monitor, his staff, and any consultants that will be necessary to fulfill his obligations under

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that Order. Mr. Cohen is directed to submit the proposed terms of compensation to the court for
consideration within 15 days hereof.
SO ORDERED.
/s/ Nicholas G. Garaufis
NICHOLAS G. GARAUFIS
United States District Judge

Dated: Brooklyn, New York
November 9, 2011

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