United States of America v. City of New York

Filing 907

MEMORANDUM AND ORDER re Document 903 proposed notice documents for Fairness Hearing I and the Report and Recommendation of the Special Masters regarding the contents of the Proposed Relief Order. Ordered by Judge Nicholas G. Garaufis on 6/21/2012. (Lee, Tiffeny)

FILED
us

IN CLERK'S OFFICE
DISTRICT COURT E.D.NY

* JUN 2 2 2012 *

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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UNITED STATES OF AMERICA,

BROOKLYN OFFICE
MEMORANDUM & ORDER

Plaintiff,

07-CV-2067 (NGG) (RLM)

-andTHE VULCAN SOCIETY, INC.Jor itself and on
behalfofits members, JAMEL NICHOLSON, and
RUSEBELL WILSON, individually and on behalf
ofa subclass of all other victims similarly situated
seeking classwide i,yunctive 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 NuNEZ and KEVIN SIMPKINS,
individually and on behalf ofa subclass ofall other
delayed-hire victims similarly situated,
Plaintiff-Intervenors,
-againstTHE CITY OF NEW YORK,
Defendant,
-andTHE UNIFORMED FIREFIGHTERS ASSOCIAnON
OF GREATER NEW YORK,
A Non-Aligned Party.

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NICHOLAS G. GARAUFIS, United States District Judge,

Before the court are draft documents designed to give notice of Fairness Hearing I
submitted by the parties (see Docket Entry # 903) and the Report and Recommendation of the
Special Masters regarding the contents of the Proposed Relief Order.
I

The court has reviewed the proposed notice documents for Fairness Hearing I and
approves them as drafted. The parties shall submit a proposed order governing the distribution
of the notice by July 3, 2012.
The court has also considered the joint Report and Recommendation of the Special
Masters. The court agrees that the purpose of the Proposed Relief Order is to provide notice to
potential claimants and interested third parties about the types of relief envisioned and an overall
description of the claims process envisioned to distribute that relief. The court agrees that the
Proposed Relief Order can be drafted to serve those purposes without providing a detailed
description ofthe steps, deadlines, and discovery procedures of the claims process. The court
will permit the parties to exclude a detailed description of the claims process in the draft
Proposed Relief Order that the parties will submit by July 3, 2012. (See June 3, 2012 Mem. &
Order (Docket Entry # 888) at 23-24.) The court orders the Special Masters to submit a draft
Claims Processing Order, addressing the details of the claim process, by August 30, 2012, after a
good-faith consultation with the parties. If any party objects to any provision of the draft Claims
Processing Order after a good-faith consultation, they shall file an objection on August 30, 2012,
as well.
The court notes the parties' earlier proposal, provisionally approved by the court, for
Fairness Hearing I to be held in late October 2012. (See Joint Proposed Remedial Phase
Timeline (Docket Entry # 844-2) at 3.) The court believes that schedule can now be revised in
light of the faster-than-scheduled movement on the conditions precedent for Fairness Hearing I
and the reduced role of the Proposed Relief Order. The court must also be cognizant ofthe
demands on its docket that other aspects of this case will require-specifically the likely need to
hold a hearing on the validity of Exam 2000 in later 2012-and the court's obligation to provide

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speedy trials in the criminal cases assigned to it. Therefore, the court orders the parties to submit
proposed dates for Fairness Hearing I in September 2012, excluding September 10 and
September 24. The parties shall submit their proposed dates by July 3.
SO ORDERED.

s/Nicholas G. Garaufis
ICHOLAS G. GARAUFI~­
nited States District Judge

Dated: Brooklyn, New York
June )..f ,2012

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