Murphy v. The City of Rochester et al

Justia Dockets & Filings Second Circuit New York Western District Murphy v. The City of Rochester et al

Murphy v. The City of Rochester et al

Plaintiff:	Donald F. Murphy
Defendant:	The City of Rochester, The City of Rochester School District, William C. Cala, Linda J. Kantor, Eldridge Moore, lll, Scott Martzloff, Joanne Giuffrida, The City of Rochester Police Department, Kevin Wehbring, Joseph Jackson and Gregory Needel
Case Number:	6:2009cv06068
Filed:	February 12, 2009
Court:	US District Court for the Western District of New York
Office:	Civil Rights: Other Office
County:	Ontario
Presiding Judge:	Michael A. Telesca
Referring Judge:	Marian W Payson
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on December 5, 2013. A more recent docket listing may be available from PACER.

Date Filed	Document Text
December 5, 2013	Filing 42 -CLERK TO FOLLOW UP- DECISION AND ORDER granting #31 Motion for Summary Judgment; granting #31 Motion to Dismiss for Lack of Jurisdiction; and dismissing the amended complaint. (Clerk to close case.). Signed by Hon. Michael A. Telesca on 12/5/13. (JMC)
September 12, 2013	Filing 41 Minute Entry for proceedings held before Hon. Michael A. Telesca: Motion was submitted without oral argument on 9/12/2013 re #31 MOTION for Summary Judgment MOTION to Dismiss for Lack of Jurisdiction filed by Scott Martzloff, Linda J. Kantor, Joanne Giuffrida, The City of Rochester School District, William C. Cala, Eldridge Moore, lll, Joseph Jackson, Gregory Needel. (JMC)
August 21, 2013	Filing 40 REPLY to Response to Motion re #31 MOTION for Summary Judgment MOTION to Dismiss for Lack of Jurisdiction filed by William C. Cala, Linda J. Kantor, Scott Martzloff, The City of Rochester School District. (Attachments: #1 Davis Reply Declaration, #2 Giuffrida Reply Declaration, #3 Exhibits, #4 Certificate of Service)(Davis, Michael)
August 21, 2013	Filing 39 ORDER granting defendants' request to file a reply memorandum of law up to fifteen (15) pages in length (exclusive of prefatory matter). Signed by Hon. Michael A. Telesca on 8/21/13. (JMC)
July 29, 2013	Filing 38 ORDER granting request for an extension of time until August 23, 2013 for School District defendants to file and serve a reply in this matter. Signed by Hon. Michael A. Telesca on 7/29/13. (JMC)
July 29, 2013	NOTICE: Set/Reset Deadlines as to #31 MOTION for Summary Judgment MOTION to Dismiss for Lack of Jurisdiction . Replies due by 8/23/2013. Motions will be submitted without oral argument on 9/12/2013 before Hon. Michael A. Telesca. No court appearances are required. (JMC)
July 12, 2013	Filing 37 MEMORANDUM in Opposition re #31 MOTION for Summary Judgment MOTION to Dismiss for Lack of Jurisdiction filed by Donald F. Murphy. (Attachments: #1 Declaration of Jeffrey Wicks in Opposition, #2 Affidavit of Donald Murphy, #3 Exhibit A-F, #4 Exhibit G-N, #5 Rule 56 Statement, #6 Certificate of Service)(Wicks, Jeffrey)
June 17, 2013	Filing 36 ORDER re #35 Stipulation of Dismissal. Signed by Hon. Michael A. Telesca on 6/17/2013. (BK)
June 13, 2013	Filing 35 STIPULATION of Dismissal as to defendants Moore, Giuffrida, Jackson and Needel by William C. Cala, Joanne Giuffrida, Joseph Jackson, Linda J. Kantor, Scott Martzloff, Eldridge Moore, lll, Gregory Needel, The City of Rochester School District. (Attachments: #1 Certificate of Service)(Davis, Michael)
May 2, 2013	Filing 34 NOTICE: ORDER - Responses due by 7/12/2013, Replies due by 8/2/2013, Motions will be submitted without oral argument on 8/15/2013 before Hon. Michael A. Telesca. No court appearances are required.. Signed by Hon. Michael A. Telesca on 5/2/13. (JMC)
March 21, 2013	Filing 33 ORDER granting plaintiff's request for an extension of time to file response papers until May 24, 2013 and an extension of time for defendants to file reply papers until June 14, 2013. Signed by Hon. Michael A. Telesca on 3/21/13. (JMC)
March 21, 2013	NOTICE: Set/Reset Deadlines as to #31 MOTION for Summary Judgment MOTION to Dismiss for Lack of Jurisdiction . Motions will be submitted without oral argument on 7/10/2013 before Hon. Michael A. Telesca. No court appearances are required. (JMC)
January 18, 2013	Filing 32 ORDER, Responses due by 3/25/2013., Replies due by 4/15/2013., Motion will be submitted without oral argument on 5/8/2013 before Hon. Michael A. Telesca. No court appearances are required.. Signed by Hon. Michael A. Telesca on 1/18/13. (JMC)
November 27, 2012	NOTICE: Set/Reset Deadlines as to #31 MOTION for Summary Judgment MOTION to Dismiss for Lack of Jurisdiction . Motions will be submitted without oral argument on 1/23/2013 before Hon. Michael A. Telesca. No court appearances are required. (JMC)
November 26, 2012	Filing 31 MOTION for Summary Judgment , MOTION to Dismiss for Lack of Jurisdiction by William C. Cala, Joanne Giuffrida, Joseph Jackson, Linda J. Kantor, Scott Martzloff, Eldridge Moore, lll, Gregory Needel, The City of Rochester School District. (Attachments: #1 Davis declaration, #2 Statement of Undisputed Facts, #3 Memorandum in Support, #4 Motion Exhibits, #5 Giuffrida declaration, #6 Kantor declaration, #7 Moore declaration, #8 Needel declaration, #9 Jackson declaration, #10 Certificate of Service)(Davis, Michael)
April 30, 2012	Filing 30 AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Fact Discovery to be completed by 9/28/2012. Dispositive Motions due by 11/30/2012. Signed by Hon. Marian W. Payson on 4/30/2012. (KAH)
April 13, 2012	Filing 29 Minute Entry for proceedings held before Hon. Marian W. Payson: Settlement Conference held on 4/13/2012. Appearances: Jeffrey Wicks, Esq. with Donald and Jean Murphy; Igor Shukoff, Esq.; Michael E. Davis, Esq. with Bethany Centrone, Chief HCI (CAM)
March 22, 2012	Filing 28 ORDER (Settlement Conference set for 4/13/2012 at 1:00 PM before Hon. Marian W. Payson. Parties are directed to appear in person. At least one week prior to the conference, each party shall submit directly to chambers a confidential settlement report.) Signed by Hon. Marian W. Payson on 3/22/2012. (KAH)
September 29, 2011	Filing 27 AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Fact Discovery to be completed by 10/28/2011. Plaintiff Expert Witness ID due by 10/28/2011. Defendant Expert Witness ID due by 12/2/2011. Expert Discovery to be completed by 12/30/2011. Dispositive Motions due by 2/24/2012. Signed by Hon. Marian W. Payson on 9/29/2011. (KAH)
May 13, 2011	Filing 25 AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Fact Discovery to be completed by 8/31/2011. Plaintiff Expert Witness ID due by 8/31/2011. Defendant Expert Witness ID due by 9/30/2011. Expert Discovery to be completed by 10/31/2011. Dispositive Motions due by 12/15/2011. Signed by Hon. Marian W. Payson on 5/13/2011. (KAH)
May 12, 2011	Filing 26 Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Conference held on 5/12/2011. Appearances: Jeffrey Wicks, Esq. for plaintiff; Igor Shukoff, Esq. and Michael E. Davis, Esq. for defendants (CAM)
April 15, 2011	NOTICE: Telephone Status Conference adjourned from 5/3/2011 to 5/12/2011 at 11:40 AM before Hon. Marian W. Payson. Parties are directed to call chambers at (585) 613-4080 promptly at 11:40 AM to be connected into the conference call. (KAH)
March 15, 2011	E-Filing Notification: Minute Entry filed in wrong case. Disregard docket entry. 24 Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 3/7/2011. Appearances: J. Nelson Thomas, Esq., Laura A. Myers, Esq. and Jared Cook, Esq. for plaintiff; Toni E. Logue, Esq., by telephone, for defendants (CAM) (KAH)
March 8, 2011	NOTICE: Telephone Status Conference set for 5/3/2011 at 11:00 AM before Hon. Marian W. Payson. Parties are directed to call chambers at (585) 613-4080 promptly at 11:00 AM to be connected into the telephone conference. (KAH)
March 7, 2011	Filing 24 Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 3/7/2011. Appearances: J. Nelson Thomas, Esq., Laura A. Myers, Esq. and Jared Cook, Esq. for plaintiff; Toni E. Logue, Esq., by telephone, for defendants (CAM)
March 7, 2011	Filing 23 Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 3/7/2011. Appearances: Jeffrey Wicks, Esq. for plaintiff; Michael E. Davis, Esq., by telephone, Igor Shukoff, Esq. for defendants (CAM)
March 2, 2011	NOTICE: Status Conference adjourned until 3/7/2011 at 9:20 AM before Hon. Marian W. Payson. (KAH)
November 3, 2010	Filing 22 Letter from Michael E. Davis, counsel for defendants William C. Cala, Joanne Giuffrida, Joseph Jackson, Linda J. Kantor, Scott Martzloff, Eldridge Moore, III, Gregory Needel, The City of Rochester School District, dated 11/2/2010, indicating that the stipulation and order resolves it pending motion to compel #16 . (KAH)
November 3, 2010	Filing 21 STIPULATION AND ORDER regarding discovery and plaintiff's deposition. Signed by Hon. Marian W. Payson on 11/3/2010. (KAH)
October 6, 2010	Filing 19 AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Status Conference set for 3/2/2011 11:40 AM before Hon. Marian W. Payson. Fact Discovery to be completed by 3/31/2011. Plaintiff Expert Witness ID due by 3/31/2011. Defendant Expert Witness ID due by 5/2/2011. Expert Discovery to be completed by 5/31/2011. Dispositive Motions due by 7/15/2011. Signed by Hon. Marian W. Payson on 10/6/2010. (KAH)
October 6, 2010	Filing 18 ORDER re #16 MOTION to Compel filed by Scott Martzloff, Linda J. Kantor, Joanne Giuffrida, The City of Rochester School District, William C. Cala, Eldridge Moore, lll, Joseph Jackson, Gregory Needel. Responses due by 10/20/2010., Replies due by 10/27/2010. Motion Hearing set for 11/3/2010 03:30 PM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 10/6/10. (CAM)
October 5, 2010	Filing 20 Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 10/5/2010. Appearances: Jeffrey Wicks, Esq. for plaintiff. For defendants: Michael E. Davis, Esq., by telephone and Igor Shukoff, Esq. (CAM)
September 30, 2010	E-Filing Notification: Document filed in duplication as a motion pursuant to filing party. Court terminated motion. No action required re: #17 MOTION to Compel. (RE)
September 29, 2010	Filing 17 MOTION to Compel by William C. Cala, Joanne Giuffrida, Joseph Jackson, Linda J. Kantor, Scott Martzloff, Eldridge Moore, lll, Gregory Needel, The City of Rochester School District.(Davis, Michael)
September 29, 2010	Filing 16 MOTION to Compel by William C. Cala, Joanne Giuffrida, Joseph Jackson, Linda J. Kantor, Scott Martzloff, Eldridge Moore, lll, Gregory Needel, The City of Rochester School District. (Attachments: #1 Davis declaration, #2 Exhibits A-K, #3 Certificate of Service)(Davis, Michael)
September 7, 2010	Filing 14 LETTER ORDER granting request to extend motions to compel deadline to 10/15/2010. (Motions to Compel due by 10/15/2010.) Signed by Hon. Marian W. Payson on 9/7/2010. (KAH)
September 2, 2010	Filing 15 Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Conference held on 9/2/2010. Appearances: Jeffrey Wicks, Esq. for plaintiff; Michael E. Davis, Esq. and Igor Shukoff, Esq. for defendants (CAM)
August 31, 2010	NOTICE: Telephone Conference set for 9/2/2010 at 4:00 PM before Hon. Marian W. Payson. Parties are directed to call chambers at (585) 613-4080 promptly at 4:00 PM to be connected into the conference call. (KAH)
May 27, 2010	Filing 13 AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Status Conference adjourned from 5/25/2010 to 10/5/2010 at 11:20 AM before Hon. Marian W. Payson. Fact Discovery to be completed by 10/15/2010. Plaintiff Expert Witness ID due by 10/15/2010. Defendant Expert Witness ID due by 11/15/2010. Expert Discovery to be completed by 12/16/2010. Dispositive Motions due by 1/31/2011. Signed by Hon. Marian W. Payson on 5/27/2010. (KAH)
October 8, 2009	Filing 12 SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Status Conference set for 5/25/2010 11:40 AM before Hon. Marian W. Payson. Mandatory Disclosure due by 2/1/2010. Motions to Join Parties/Amend Pleadings due by 3/1/2010. Fact Discovery to be completed by 6/15/2010. Plaintiff Expert Witness ID due by 6/15/2010. Defendant Expert Witness ID due by 7/15/2010. Expert Discovery to be completed by 8/16/2010. Dispositive Motions due by 9/30/2010. Signed by Hon. Marian W. Payson on 10/8/2009. (KAH)
October 8, 2009	Filing 11 Minute Entry for proceedings held before Hon. Marian W. Payson: Scheduling Conference held on 10/8/2009. Appearances: Jeffrey Wicks, Esq. for plaintiff; Igor Shukoff, Esq. and Michael E. Davis, Esq. for defendants (CAM)
July 30, 2009	NOTICE: Scheduling Conference adjourned from 8/25/2009 to 10/8/2009 at 11:00 AM before Hon. Marian W. Payson. (KAH)
July 28, 2009	Filing 10 ORDER (Scheduling Conference set for 8/25/2009 11:20 AM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 7/28/2009. (KAH)
July 14, 2009	Filing 9 ORDER VACATING Referral to Magistrate Judge Jonathan W. Feldman and REFERRING CASE to Magistrate Judge Hon. Marian W. Payson. Signed by Hon. Michael A. Telesca on July 14, 2009. (MS)
July 14, 2009	Filing 8 ORDER REFERRING CASE to Magistrate Judge Hon. Jonathan W. Feldman. Signed by Hon. Michael A. Telesca on July 14, 2009. (MS)
July 13, 2009	Filing 7 CERTIFICATE OF SERVICE by The City of Rochester Police Department, Kevin Wehbring, The City of Rochester (Shukoff, Igor)
July 13, 2009	Filing 6 ANSWER to #2 Amended Complaint by The City of Rochester Police Department, Kevin Wehbring, The City of Rochester.(Shukoff, Igor)
June 30, 2009	Filing 5 ORDER, Answer due date updated as to The City of Rochester Police Department; Kevin Wehbring; The City of Rochester answers due 7/13/2009. Signed by Hon. Michael A. Telesca on June 30, 2009. (MS)
June 26, 2009	E-Filing Notification: Incorrect event used to electronically file document. For future reference, use CERTIFICATE OF SERVICE event. No action required. #4 DECLARATION signed by Donalyn O'Shea re #3 Answer to Amended Complaint, filed by Joseph Jackson, Gregory Needel, The City of Rochester School District, William C. Cala, Linda J. Kantor, Eldridge Moore, lll, Scott Martzloff, Joanne Giuffrida certificate of service by mail on Corporation Counsel. (Davis, Michael) (TO)
June 24, 2009	Filing 4 DECLARATION signed by Donalyn O'Shea re #3 Answer to Amended Complaint, filed by Joseph Jackson, Gregory Needel, The City of Rochester School District, William C. Cala, Linda J. Kantor, Eldridge Moore, lll, Scott Martzloff, Joanne Giuffrida certificate of service by mail on Corporation Counsel. (Davis, Michael)
June 24, 2009	Filing 3 ANSWER to #2 Amended Complaint by Joseph Jackson, Gregory Needel, The City of Rochester School District, William C. Cala, Linda J. Kantor, Eldridge Moore, lll, Scott Martzloff, Joanne Giuffrida. (Attachments: #1 Certificate of Service)(Davis, Michael)
June 8, 2009	Filing 2 AMENDED COMPLAINT against all defendants, filed by Donald F. Murphy.(Wicks, Jeffrey)
February 12, 2009	Filing 1 COMPLAINT against The City of Rochester Police Department, Kevin Wehbring, Joseph Jackson, Gregory Needel, The City of Rochester, The City of Rochester School District, William C. Cala, Linda J. Kantor, Eldridge Moore, lll, Scott Martzloff and Joanne Giuffrida (Filing fee $350.00 receipt number ROC002730), filed by Donald F. Murphy.(RE)
February 12, 2009	Summons Issued as to The City of Rochester Police Department, Kevin Wehbring, Joseph Jackson, Gregory Needel, The City of Rochester, The City of Rochester School District, William C. Cala, Linda J. Kantor, Eldridge Moore, lll and Scott Martzloff, Joanne Giuffrida. (RE)

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Search for this case: Murphy v. The City of Rochester et al
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Plaintiff: Donald F. Murphy
Represented By:	Jeffrey Wicks
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Defendant: The City of Rochester
Represented By:	Igor Shukoff
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Defendant: The City of Rochester School District
Represented By:	Michael E. Davis
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Defendant: William C. Cala
Represented By:	Michael E. Davis
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Defendant: Linda J. Kantor
Represented By:	Michael E. Davis
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Defendant: Eldridge Moore, lll
Represented By:	Michael E. Davis
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Defendant: Scott Martzloff
Represented By:	Michael E. Davis
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Defendant: Joanne Giuffrida
Represented By:	Michael E. Davis
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Defendant: The City of Rochester Police Department
Represented By:	Igor Shukoff
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Defendant: Kevin Wehbring
Represented By:	Igor Shukoff
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Defendant: Joseph Jackson
Represented By:	Michael E. Davis
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Defendant: Gregory Needel
Represented By:	Michael E. Davis
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