12-2634-cv Garcia v. Jane & John Does

1 UNITED STATES COURT OF APPEALS 3 FOR THE SECOND CIRCUIT 6 At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 17th day of December, two thousand fourteen, Present: 12 ROBERT A. KATZMANN, 13 Chief Judge, 14 DENNIS JACOBS, 15 GUIDO CALABRESI,* 16 JOSÉ A CABRANES, 17 ROSEMARY S. POOLER, 18 REENA RAGGI, 19 RICHARD C. WESLEY, 20 PETER W. HALL 21 DEBRA ANN LIVINGSTON, 22 GERARD E. LYNCH, 23 DENNY CHIN, 24 RAYMOND J. LOHIER, JR., 25 SUSAN L. CARNEY, 26 CHRISTOPHER F. DRONEY, 27 Circuit Judges.

29 --------------------------------------x Karina Garcia, as Class Representative on behalf of herself and others similarly situated,Yari Osorio, as Class Representative on behalf of herself and others similarly situated, Benjamin Becker, as Class Representative on behalf of himself and others similarly situated, Cassandra Regan, as Class Representative on behalf of herself and others similarly situated, Yareidis Perez, as Class Representative on behalf of herself and others similarly situated, Tyler Sova, as Class Representative on behalf of himself and others similarly situated, Stephanie Jean Umoh, as Class Representative on behalf of herself and others similarly situated, Michael Crickmore, as Class Representative on behalf of himself and others similarly situated, Brooke Feinstein,as Class Representative on behalf of herself and others similarly situated, 50 Plaintiffs - Appellees, Marcel Cartier, as Class Representative on behalf of himself and others similarly situated, 55 Plaintiff, v. 12-2634 Jane and John Does 1-40, Individually and in their official capacities, 62 Defendants - Appellants, Raymond W. Kelly, Individually and in his official capacity, City of New York, Michael R. Bloomberg, in his official capacity and Individually, 68 Defendants.

69 --------------------------------------x For Plaintiffs- Mara Verheyden-Hillard (Andrea Hope Appellees: Costello and Carl Messineo, on the 73 brief), Partnership for Civil Justice 74 Fund, Washington, DC For Defendants- Ronald E. Sternberg, Assistant Appellants: Corporation Counsel (Leonard Koerner 77 and Arthur G. Larkin, Assistant 78 Corporation Counsel, on the brief), for 79 Zachary W. Carter, Corporation Counsel 80 of the City of New York, New York, NY 82 ORDER 84 Following disposition of this appeal on August 21, 2014, an active judge of the Court requested a poll on whether to rehear the case in banc. A poll having been conducted and a majority of the active judges of the Court having voted in favor of rehearing this appeal in banc, 90 IT IS HEREBY ORDERED that this appeal be heard in banc. See Fed. R. App. P. 35(a). The in banc panel will consist of the active judges of the Court and (subject to his election) the senior circuit judge who served on the three-judge panel. See 28 94 U.S.C. § 46(c).

96 The panel having recommended withdrawal of its opinions in this case, such withdrawal shall be noted on the docket by the Clerk of Court.

100 A briefing schedule will follow in due course.

103 FOR THE COURT: 104 Catherine O’Hagan Wolfe 105 Clerk of Court 110 * Senior Circuit Judge Guido Calabresi was a member of the 111 initial three-judge panel that heard this appeal and is 112 therefore eligible to participate in in banc rehearing.

113 See 28 U.S.C. § 46 (c)(1).