Stinson v. City of New York

256 F. Supp. 3d 283, 97 Fed. R. Serv. 3d 1656, 2017 WL 2544831, 2017 U.S. Dist. LEXIS 89844
CourtDistrict Court, S.D. New York
DecidedJune 12, 2017
Docket10 Civ. 4228 (RWS)
StatusPublished
Cited by13 cases

This text of 256 F. Supp. 3d 283 (Stinson v. City of New York) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stinson v. City of New York, 256 F. Supp. 3d 283, 97 Fed. R. Serv. 3d 1656, 2017 WL 2544831, 2017 U.S. Dist. LEXIS 89844 (S.D.N.Y. 2017).

Opinion

OPINION

Sweet, D.J.

This civil rights class action is the paradigm of change and progress achievable in a society undergirded by the rule of law. Skilled and dedicated counsel-for the parties, aided by a highly experienced' and pragmatic mediator, have reached a resolution benefitting all concerned.’ The strongly held positions, vigorously litigated and, initially, diametrically opposed, have been illuminated by facts developed in the discovery process and resolved. Thanks to the skill of those involved and a concerned administration, those injured will be compensated, police procedures will be clarified and strengthened, and the rights of all citizens will be fortified through- what has been represented as the largest settlement of Fourth Amendment claims in New York City history.

To that end, named Plaintiffs Sharif Stinson, Ryburn Walkes, Gary Shaw, Michael Bennett; Chanel Meausa, David Thomson, Jeremy Thames, Leander Griffin, Ricardo Jones, and Victor Breland (collectively, “Class Representatives” or “Plaintiffs”), on behalf of themselves and the Class1, have moved for orders (i) granting final approval of the proposed settlement ,(the. “Settlement”) with the City of New York (“NYC.’-’), Raymond Kelly (“Kelly”), the former Commissioner of the New York Police • Department (“NYPD”), and unnamed New York City Police Officers (collectively, “Defendants”); (ii). the award of service payments to- the Class Representatives; and (iii) the granting of attorneys’ fees and expenses. For the reasons set forth below, Plaintiffs’ motion is granted. :

I. Prior Proceedings

The procedural history and factual background of this lengthy and intensely litigated class action has been set forth in prior opinions by this Court. See e.g., Stinson v. City of N.Y., 282 F.R.D. 360, 364-67 [287]*287(S.D.N.Y. 2012) (laying out of the allegations and factual background of the case); Stinson v. City of N.Y., No. 10 Civ. 4228, 2015 WL 4610422 (S.D.N.Y. July 23, 2015) (detailing stages of the discovery process); Stinson v. City of N.Y., No. 10 Civ. 4228, 2016 WL 817445 (S.D.N.Y. Feb. 24, 2016) (describing multiple motions to unseal). Familiarity with this case’s general background is assumed.

The instant action concerns hundreds of thousands of New Yorkers who, over the course of many years, were issued summonses later dismissed after a finding of facial insufficiency or were ticketed without probable cause. The Plaintiff Class is defined as “the Class Representatives and all other individuals who were issued C Summonses by the NYPD that were later dismissed upon a judicial finding of facial or legal insufficiency by the court prior to trial, and whose C Summonses were issued without probable cause during the Class Period [May 25, 2007 through January 24, 2017].” (Declaration of Gerald M. Cohen dated April 14, 2017 (“Cohen Decl.”), Ex. D at ¶ 1.32, Dkt. 327); see also Stinson, 282 F.R.D. at 363 (defining and certifying class).

During 2015 and 2016, the parties met with retired Southern District of New York District Judge John S. Martin to meditate and try to reach a settlement. The first full-day mediation session in August 2015 was unsuccessful. (Pls.’ Mem. in Supp. at 7-8.) After an additional year of discovery and motion practice, the parties engaged Judge Martin for a series of meditation sessions throughout August 2016. (Id.) These sessions culminated on August 22, 2016 with an agreement between the parties as to a final Class Fund figure and general outline of remedial measured to be taken by the NYPD. (Pls.’ Mem. in Supp. at 8.) Subsequent meetings, often with assistance from Judge Martin, resulted in determining proposed amounts for-attorneys’ fees, expense reimbursements, the notice and-proof of claims language, and claims procedures. (Pls.’ Mem. in Supp. at 9.)

On January 23, 2017, both parties requested preliminary approval of the Settlement, notice plan, and appointment of Rust Consulting as the Settlement claims administrator. (Dkt. 319.) The Court granted preliminary approval of the proposed Settlement on January 24, 2017, (Dkt. 320), which was amended with approval on January 30, 2017, (Dkt. 322).

The proposed Settlement contains both monetary and non-monetary benefits to the Class. Within' seventy-five days of the Settlement’s final approval, NYC will create a fund for the Class that will contain $56.5 million (the “Class 'Fund”), from which any service awards for Class Representatives and expense costs in the administration of the Class. Fund would be drawn.2 (Cohen Decl., Ex. D at ¶¶ 5.1, 6.4, 6.5.) The remaining Class Fund will be distributed pro rata to eligible claimants on a per summons incident basis with a maximum payout of $150 per summons. (Cohen Decl., Ex. D at 117.2.) A separate and additional'$18.5 million is to be paid to Class Counsel by NYC for attorneys’ fees and expense. (Cohen Deck, Ex. D at ¶ 5.1.)

In addition, the NYPD has stated that within three to twelve months of the Settlement’s final approval, the NYPD will undertake remedial measures related to quotas, including: sending Department-wide communications informing officers that quotas and other numeric measures of performance are improper and subject to investigation by the NYPD’s Internal Af[288]*288fairs Bureau; revising the training new NYPD recruits receive with regard to quotas and teaching recruits how to report observed issues without fear of reprisal; and improving public relations by simplifying the process for individuals who receive summons to identify officers responsible and for voicing complaints about summons if individuals believe the summons was issued unfairly.3 (Cohen Decl., Ex. D at 6-8.)

Following preliminary approval, a total of 922,316 copies of the Notice and Proof of Claim (“Notices”) were mailed to potential Class members after reviewing records provided by the New York Office of Court Administration. (Cohen Decl., Ex. F.) At the time of the Fairness Hearing, five objections had been filed and thirty individuals had opted-out of the Settlement.4 (Fairness Hr’g Tr. 48:9-10, May 24, 2017.)

On April 14, 2017, Plaintiffs moved for final approval of the Settlement, service payments to Class Representatives, and granting of attorneys’ fees and expenses. (Dkt. 324.) On May 24, 2017, a Fairness Hearing was held pursuant to Fed. R. Civ. P. 23(e)(2), at which time counsel from both sides spoke, objections to the proposed Settlement were heard, and the motion was marked fully submitted.

II. Applicable Standard

Federal Rule of Civil Procedure 23(e) provides that “claims, issues, or defenses of a certified class may be settled, voluntarily dismissed, or compromised only with the court’s approval.” Fed. R. Civ. P. 23(e). The Court may approve a settlement “only after a hearing and on finding that the settlement ... is fair, reasonable, and adequate.” Cent. States Se. & Sw. Areas Health & Welfare Fund v. Merck-Medco Managed Care, L.L.C., 504 F.3d 229, 247 (2d Cir. 2007) (quoting Fed. R. Civ. P.

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Bluebook (online)
256 F. Supp. 3d 283, 97 Fed. R. Serv. 3d 1656, 2017 WL 2544831, 2017 U.S. Dist. LEXIS 89844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stinson-v-city-of-new-york-nysd-2017.