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United States District Court for the Eastern District of New York
April 29, 2019, Decided; April 29, 2019, Filed
13-CV-6147 (PKC) (JO)
MEMORANDUM & ORDER
PAMELA K. CHEN, United States District Judge:
Named Plaintiffs, on behalf of a class of minority New York City Police Department ("NYPD") 911 Operators, bring this action against the Defendants New York City; Mayor Bloomberg as Mayor of New York City and Raymond Kelly as NYPD Commissioner, both in their official capacities1 ; and Richard F. Napolitano, Charles F. Dowd, Michael V. Polito, Ljubomir Belusic, Donald Church, and David Lichtenstein, all in their official and individual capacities (collectively, "City Defendants"), as well as Defendant Local 1549, District Council 37, AFSCME, AFL-CIO ("Defendant Union") (collectively, "Defendants"), alleging, inter alia, violations of 42 U.S.C. § 1981 and § 1983. The Court granted Plaintiffs' motion for class certification under Federal Rule of Civil Procedure ("FRCP" or "Rule") 23(b)(2) on September 28, 2015. (Memorandum & Order ("M&O"), [*3] Dkt. 115.) Plaintiffs now seek an amendment to the Court's class certification order in order to effectuate the settlement the parties have reached. (Plaintiffs' Memorandum in Support of Preliminary Approval of Class Action Settlement ("Pls.' Settlement Br."), Dkt. 193, at 4-5; Letter Motion to Certify Class ("Letter Motion"), Dkt. 199, at ECF2 2.) For the following reasons, the Court amends its original class certification to include both a Rule 23(b)(2) and 23(b)(3) class as defined infra.
The Court granted Plaintiffs' motion for class certification under FRCP 23(b)(2) on September 28, 2015. (Dkt. 115.) Since this class certification, the parties have engaged in discovery and extensive settlement negotiations. (See, e.g., Dkts. 128, 130, 134, 144, 158; 4/23/2018 Minute Entry; 5/31/2018 Minute Entry; 7/13/2018 Minute Entry; 9/18/2018 Minute Entry; 10/09/2018 Minute Entry; 12/07/2018 Minute Entry.) On December 21, 2018, the parties indicated that they had reached a settlement. (Dkt. 190.) Plaintiffs filed a motion seeking preliminary approval of their class action settlement (Dkts. 191, 199) and Defendants filed a motion seeking approval of the notice of proposed settlement and fairness hearing (Dkt. [*4] 194), as required by Rule 23(e). As part of their motion, Plaintiffs4 seek to amend the Court's previous class certification of two Rule 23(b)(2) classes to combine them into a single § 1981 Rule 23(b)(2) class. (Letter Motion, Dkt. 199, at ECF 2.)
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2019 U.S. Dist. LEXIS 71757 *
CYNTHIA HILL, GAIL WILLIAMS, DENISE INMAN, VICKIE GORDON, ROLANDO LOPEZ, TAURA PATE, ELLEN ENNIS, and ANDREA HOLLY, individually and on behalf of all others similarly situated, Plaintiffs, - against - CITY OF NEW YORK, MICHAEL R. BLOOMBERG, as Mayor of the City of New York, RAYMOND KELLY, as Police Commissioner, RICHARD F. NAPOLITANO, CHARLES F. DOWD, MICHAEL V. POLITO, LJUBOMIR BELUSIC, DONALD CHURCH, DAVID LICHENSTEIN, LOCAL 1549, DISTRICT COUNCIL 37, AFSCME, AFL-CIO, and JOHN and JANE DOES 1-20 (said names being fictitious, the persons intended being those who aid and abetted the unlawful conduct of the Named Defendants), Defendants.
Prior History: Hill v. City of New York, 136 F. Supp. 3d 304, 2015 U.S. Dist. LEXIS 130928 (E.D.N.Y., Sept. 28, 2015)
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