Casale et al v. Kelly et al, No. 1:2008cv02173 - Document 23 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER re:# 97458 16 MOTION to Certify Class filed by Paul Casale. For the reasons set forth herein, plaintiffs' motion for class certification is granted. Specifically, pursuant to F.R.C.P. 23(b)(2), a class certified consisting of all persons who have been or will be arrested, charged, or prosecuted for a violation of section 240.35(3) or 240.35(7) in New York City after those statutes were declared unconstitutional. Pursuant to Rule 23(b)(3), a class certified consisting of all person who have been arrested, charged or prosecuted for a violation of either section 240.35(3) or 240.35(7) in New York City within the applicable stature of limitations. For the purpose of case management, subclasses are certified to address p otential defenses applicable only to plaintiffs who were never prosecuted and to those charged with additional crimes at the time they were charged with a violation of section 240.35(3) or 240.35(7). The Clerk of the Court is directed to close this motion (Docket Number 16). A conference is scheduled for May 6, 2009, at 3:30 p.m. (Signed by Judge Shira A. Scheindlin on 4/28/09) (tro) Modified on 4/30/2009 (jab).