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BRAY v. CITY OF NEW YORK

No. 04 CIV 8255(WHP).

346 F.Supp.2d 480 (2004)

Rebecca BRAY, Thomas Stephanos, Justin McSimov, Dan Fennessey, and Allen Regar, Plaintiffs, v. The CITY OF NEW YORK, Raymond Kelly, Police Commissioner of the New York City Police Department, New York City Police Department, New York City Police Officers John and Jane Doe (names and number of whom are unknown at present) and Other Unidentified Members of the New York City Police Department, Defendants.

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

October 28, 2004.

Attorney(s) appearing for the Case

Steven J. Hyman, McLaughlin & Stern, LLP, New York City, Norman Siegel, New York City, for Plaintiffs.

Michael A. Cardozzo, Corporation Counsel of the City of New York (Robin Binder, Cheryl Neufeld, of Counsel), for Defendants.

MEMORANDUM AND ORDER

PAULEY, District Judge.

Plaintiffs are participants in Critical Mass, a bike-riding phenomenon in major cities worldwide on the last Friday of every month. The next Critical Mass bike ride will take place tomorrow night, October 29, 2004. Plaintiffs move to preliminarily enjoin the Defendants (collectively, the "City") from seizing bicycles of Critical Mass participants who are not charged with a crime or violation of law. The...

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