Stipulation,Agreement: Steven Lee v. The City Of New York, New York City Police Department

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                                SUPREME COURT OF THE STATE OF NEW YORK
 COUNTY OF NEW YORK
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 In the Matter of the Application of
                                                                          STIPULATION OF
 STEVEN LEE,                                                              ADJOURNMENT

                                     Petitioner,                          Index No.: 154862/2023

           - against -                                                    Honorable Judy H. Kim
                                                                          (J.S.C.)
 THE CITY OF NEW YORK, and the NEW YORK
 CITY POLICE DEPARTMENT,                                                  Current Return Date: Jan. 29, 2024
                                                                          New Return Date: March 12, 2024
                                      Respondents.
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        Petitioner-Plaintiff’s (“Petitioner”) Amended Motion for Class Certification (the

“Amended Motion”) is currently returnable in Part 5, located at 80 Centre Street, New York, NY

10013, room 320, on January 29, 2024.

        WHEREAS, Petitioner served the Verified Petition-Complaint (the “Petition”) on May

30, 2023 (NYSCEF No. 1);

        WHEREAS, on July 31, 2023, Respondents-Defendants (“Respondents”) served a Cross-

Motion to Dismiss the Petition (the “Cross-Motion”; NYSCEF No. 26);

        WHEREAS, on August 28, 2023, Petitioner submitted an Affirmation in Opposition to

Respondents’ Cross-Motion (NYSCEF No. 32);

        WHEREAS, on September 5, 2023, the Court scheduled oral argument on Respondents’

Cross-Motion for November 14, 2023;

        WHEREAS, on September 29, 2023, Petitioner served his Motion for Class Certification

(the “Motion”; NYSCEF No. 40);

        WHEREAS, on October 20, 2023, the parties adjourned the return date for the Motion

from October 27, 2023 to December 21, 2023 (NYSCEF No. 45);


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       WHEREAS, on November 13, 2023, the parties stipulated to the withdrawal of certain

arguments asserted in Respondents’ Cross Motion (NYSCEF No. 47);

       WHEREAS, on November 14, 2023, the Court held oral argument on Respondents’ Cross

Motion;

       WHEREAS, on November 17, 2023, the parties filed a proposed so-ordered stipulation

providing that Petitioner would amend the Motion by November 18, 2023 (NYSCEF No. 47);

       WHEREAS, on November 19, 2023, Petitioner served the Amended Motion (NYSCEF

No. 52);

       WHEREAS, on December 11, 2023, the parties filed a proposed so-ordered stipulation to

adjourn the return date for the Amended Motion from December 21, 2023 to January 29, 2024

(NYSCEF No. 57);

       WHEREAS, on December 15, 2023, the Court so-ordered the adjournment of the return

date for the Amended Motion from December 21, 2023, to January 29, 2024 (NYSCEF No. 58);

       WHEREAS, Respondents’ Cross Motion remains sub judice;

       WHEREAS, on January 22, 2024 counsel for Petitioner proposed a potential global

resolution of this dispute;

       WHEREAS, Respondents require sufficient time to confer regarding Petitioner’s

settlement offer;

       IT IS STIPULATED AND AGREED that Respondents may serve their Opposition to

Petitioner’s Amended Motion (NYSCEF No. 58), on or before February 23, 2024; and

       IT IS FURTHER STIPULATED AND AGREED that Petitioner-Plaintiff may serve a

Reply in response to Respondents-Defendants’ Opposition, on or before March 8, 2024;

       IT IS FURTHER STIPULATED AND AGREED that the Motion shall be returnable on

March 12, 2024;
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       IT IS FURTHER STIPULATED AND AGREED that transmission by electronic mail

or facsimile of a signed copy of this agreement shall be as valid and binding on the parties as an

original, and said stipulation may be filed without further notice with the Clerk of the Court.

Dated: January 24, 2024
       New York, NY


                                                     HON. SYLVIA O. HINDS-RADIX
                                                     Corporation Counsel, City of New York
                                                     Daniel Perez
 Law Office of Jack Jaskaran, PLLC                   Eric B. Hiatt
 80 Broad Street                                     Senior Counsel
 5th Floor – No.: 0892                               General Litigation Division
 New York, NY 10004                                  New York City Law Department
 T: 212-658-0127                                     100 Church Street
 F: 212-954-5061                                     New York, NY 10007
 E: FOIL@911.Law                                     212-356-1958
                                                     danipere@law.nyc.gov
                                                     erihiatt@law.nyc.gov


By:   _s/Jack Jaskaran____                          By:____/s/ Daniel R. Perez_____________
      Jack Jaskaran                                   Daniel R. Perez
      Attorney for Petitioner                         Attorney for Respondents
      & Putative Class




So Ordered:_________________________                Date:_________________________
           Hon. Judy H. Kim
           (J.S.C.)




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