Garcia v. Jane & John Does, No. 12-2634 (2d Cir. 2014)

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This opinion or order relates to an opinion or order originally issued on August 21, 2014.

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12-2634-cv Garcia v. Jane & John Does 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 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: ROBERT A. KATZMANN, Chief Judge, DENNIS JACOBS, GUIDO CALABRESI,* JOSÉ A CABRANES, ROSEMARY S. POOLER, REENA RAGGI, RICHARD C. WESLEY, PETER W. HALL DEBRA ANN LIVINGSTON, GERARD E. LYNCH, DENNY CHIN, RAYMOND J. LOHIER, JR., SUSAN L. CARNEY, CHRISTOPHER F. DRONEY, Circuit Judges. --------------------------------------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 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 of himself and others similarly situated, Brooke Feinstein,as Class Representative on behalf of herself and others similarly situated, Plaintiffs - Appellees, Marcel Cartier, as Class Representative on behalf of himself and others similarly situated, Plaintiff, v. 12-2634 Jane and John Does 1-40, Individually and in their official capacities, Defendants - Appellants, Raymond W. Kelly, Individually and in his official capacity, City of New York, Michael R. Bloomberg, in his official capacity and Individually, Defendants. --------------------------------------x For PlaintiffsAppellees: For DefendantsAppellants: Mara Verheyden-Hillard (Andrea Hope Costello and Carl Messineo, on the brief), Partnership for Civil Justice Fund, Washington, DC Ronald E. Sternberg, Assistant Corporation Counsel (Leonard Koerner and Arthur G. Larkin, Assistant Corporation Counsel, on the brief), for Zachary W. Carter, Corporation Counsel of the City of New York, New York, NY ORDER 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, 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 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 senior circuit judge who served on the three-judge panel. See 28 U.S.C. § 46(c). The panel having recommended withdrawal of its opinions in this case, such withdrawal shall be noted on the docket by the Clerk of Court. A briefing schedule will follow in due course. FOR THE COURT: Catherine O’Hagan Wolfe Clerk of Court * Senior Circuit Judge Guido Calabresi was a member of the initial three-judge panel that heard this appeal and is therefore eligible to participate in in banc rehearing. See 28 U.S.C. § 46 (c)(1).