Garcia v. Jane & John Does

12-2634-cv
Garcia v. Jane & John Does
UNITED STATES COURT OF APPEALS 1
2
FOR THE SECOND CIRCUIT 3
4
5
At a stated term of the United States Court of Appeals 6
for the Second Circuit, held at the Thurgood Marshall United 7
States Courthouse, 40 Foley Square, in the City of New York, on 8
the 17 th day of December, two thousand fourteen, 9
10
Present: 11
ROBERT A. KATZMANN, 12
Chief Judge, 13
DENNIS JACOBS, 14
GUIDO CALABRESI,* 15
JOSÉ A CABRANES, 16
ROSEMARY S. POOLER, 17
REENA RAGGI, 18
RICHARD C. WESLEY, 19
PETER W. HALL 20
DEBRA ANN LIVINGSTON, 21
GERARD E. LYNCH, 22
DENNY CHIN, 23
RAYMOND J. LOHIER, JR., 24
SUSAN L. CARNEY, 25
CHRISTOPHER F. DRONEY, 26
Circuit Judges. 27
28
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Karina Garcia, as Class Representative 30
on behalf of herself and others similarly 31
situated,Yari Osorio, as Class Representative 32
on behalf of herself and others similarly 33
situated, Benjamin Becker, as Class 34
Representative on behalf of himself and 35
others similarly situated, Cassandra Regan, as 36
Class Representative on behalf of herself and 37
others similarly situated, Yareidis Perez, 38
as Class Representative on behalf of herself 39
and others similarly situated, Tyler Sova, 40
as Class Representative on behalf of himself 41
and others similarly situated, Stephanie Jean 42
Umoh, as Class Representative on behalf of 43
herself and others similarly situated, Michael 44
Crickmore, as Class Representative on behalf 45

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of himself and others similarly situated, 46
Brooke Feinstein,as Class Representative on 47
behalf of herself and others similarly situated, 48
49
Plaintiffs - Appellees, 50
51
Marcel Cartier, as Class Representative 52
on behalf of himself and others similarly situated, 53
54
Plaintiff, 55
56
v. 12-2634 57
58
Jane and John Does 1-40, Individually and in 59
their official capacities, 60
61
Defendants - Appellants, 62
Raymond W. Kelly, Individually and in his 63
official capacity, City of New York, Michael R. 64
Bloomberg, in his official capacity and 65
Individually, 66
67
Defendants. 68
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70
For Plaintiffs- Mara Verheyden-Hillard (Andrea Hope 71
Appellees: Costello and Carl Messineo, on the 72
brief), Partnership for Civil Justice 73
Fund, Washington, DC 74
For Defendants- Ronald E. Sternberg, Assistant 75
Appellants: Corporation Counsel (Leonard Koerner 76
and Arthur G. Larkin, Assistant 77
Corporation Counsel, on the brief), for 78
Zachary W. Carter, Corporation Counsel 79
of the City of New York, New York, NY 80
81
ORDER 82
83
Following disposition of this appeal on August 21, 2014, an 84
active judge of the Court requested a poll on whether to rehear 85
the case in banc. A poll having been conducted and a majority of 86
the active judges of the Court having voted in favor of 87
rehearing this appeal in banc, 88
89
IT IS HEREBY ORDERED that this appeal be heard in banc. See 90
Fed. R. App. P. 35(a). The in banc panel will consist of the 91
active judges of the Court and (subject to his election) the 92

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senior circuit judge who served on the three-judge panel. See 28 93
U.S.C. § 46(c). 94
95
The panel having recommended withdrawal of its opinions in 96
this case, such withdrawal shall be noted on the docket by the 97
Clerk of Court. 98
99
A briefing schedule will follow in due course. 100
101
102
FOR THE COURT: 103
Catherine O’Hagan Wolfe 104
Clerk of Court 105
106
107
108
109
* Senior Circuit Judge Guido Calabresi was a member of the 110
initial three-judge panel that heard this appeal and is 111
therefore eligible to participate in in banc rehearing. 112
See 28 U.S.C. § 46 (c)(1). 113

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