Newton v. The City of New York et al

Filing 130

MEMORANDUM OPINION AND ORDER re: #98496 114 MOTION for Reconsideration of the court's opinion and order of Oct. 13, 2009. filed by The City of New York, 107 MOTION for Certificate of Appealability and for an order certifying this c ourt's decision and order of Oct. 13, 2009, for interlocutory appeal, pursuant to 28 U.S.C. sec. 1292(b). filed by The City of New York. The Opinion and Order filed October 13, 2009 is hereby withdrawn and replaced with an Amended Opinion an d Order filed January 27, 2010. The October 13, 2009 Opinion and Order is amended as follows: Parts III.E and IV.C are amended in accordance with this Memorandum Opinion and Order. In addition, Parts II.B, C, and E, III.D and F, and IV.A, B, and D we re amended or added, and former Part IV.D. was deleted, to reflect recent developments in this case and Second Circuit law. The Clerk of the Court is directed to withdraw the October 13, 2009 Opinion (Docket no. 105) and close this motion (Docket no. 114). The Clerk of the Court is also directed to close defendants' motion for a certificate of appealability as moot (Docket no. 107). SO ORDERED (Signed by Judge Shira A. Scheindlin on 1/27/2010) (jmi) Modified on 1/28/2010 (ajc).