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PADBERG v. McGRATH-MCKECHNIE

No. 00-CV-3355.

203 F.Supp.2d 261 (2002)

John PADBERG, Clifford Paolillo and Rashid Ahmed, individually and on behalf of all others similarly situated, Plaintiffs, v. Diane MCGRATH-MCKECHNIE, Rudolph W. Giuliani, Joseph Mckay, Matthew Daus, Harry Rubinstein, Elliot Sander, Harvey Giannoulis, Marvin Greenberg, Ramona Whaley and the New York City Taxi and Limousine Commission, Defendants. Abid Baig, Mohammed Khan, Khalid Mahmood, Mulugheta Sultan, and the New York Taxi Workers Alliance, Plaintiffs, v. Rudolph W. Giuliani, Mayor of the City of New York, New York City Taxi and Limousine Commission, and Diane Mcgrath-Mckechnie, Commissioner/Chairperson of the Taxi and Limousine Commission, Defendants.

United States District Court, E.D. New York.

April 29, 2002.

Attorney(s) appearing for the Case

Daniel L. Ackman, Brad E. Mazarin, Block & Mazarin, New York City, for Padberg plaintiffs.

Chaumtoli Huq, Kenneth Kimerling, Asian American Legal Defense and Education Fund, New York City, for Baig plaintiffs.

Jerald Horowitz, Michael D. Hess, Gabriel Taussig, Deborah Rand, Corporation Counsel of the City of New York, New York City, for defendants.

MEMORANDUM & ORDER

DEARIE, District Judge.

Plaintiffs in the above-captioned cases commenced these actions pursuant to 42 U.S.C. § 1983 to challenge "Operation Refusal," an initiative started in 1999 by the New York City Taxi and Limousine Commission ("TLC" or "Commission"), former Mayor Rudolph Giuliani and Diane McGrath-McKechnie, the Chairperson of the TLC, to increase disciplinary action against taxicab drivers who refuse service

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