Warr et al v. Liberatore et al
Plaintiff: Benny T. Warr and Nina M. Warr
Defendant: Anthony R. Liberatore, Joseph M Ferrigno II, Mitchell R. Stewart II, James M. Sheppard and City of Rochester
Case Number: 6:2013cv06508
Filed: September 19, 2013
Court: US District Court for the Western District of New York
Office: Rochester Office
County: Monroe
Presiding Judge: David G. Larimer
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 31, 2022 Opinion or Order Filing 200 DECISION & ORDER Defendants' bill of costs 156 is granted in part, and defendants are awarded $1,202.65 in costs. The Clerk of the Court is directed to amend the judgment entered in this case to include $1,202.65 in costs. Addition ally, I find plaintiffs are entitled to be reimbursed the sum of $21,356.45 in attorneys' fees and costs. The above-stated sums are to be paid by no later than thirty (30) days from the date of this Order. Signed by Hon. Marian W. Payson on 3/31/2022. (KAH)-CLERK TO FOLLOW UP-
March 30, 2020 Opinion or Order Filing 180 AMENDED DECISION AND ORDER. The Court denies plaintiffs' motion for a new trial and to set aside the verdict and grants in part their motion for sanctions. (Docket ## 158, 170). Signed by Hon. Marian W. Payson on 3/20/2020. (CMC)
March 20, 2020 Opinion or Order Filing 179 DECISION & ORDER The Court denies plaintiffs' motion for a new trial and to set aside the verdict and grants in part their motion for sanctions. (Docket ## 158 , 170 ). Ash is ordered to reimburse those fees and costs incurred by plainti ffs' counsel in researching, preparing and filing plaintiffs' post-trial submissions in this matter, including the costs of ordering the transcript, but excluding the opposition to Liberatore's motion for qualified immunity. In the e vent that counsel are unable to stipulate to the amount owed, plaintiffs' counsel shall submit an affidavit attesting to those fees and costs with supporting documentation by no later than April 20, 2020. Ash may respond by no later than May 11 , 2020. I further find that an additional monetary sanction payable to the Clerk of the Court is warranted pursuant to Rule 16 for Ash's repeated violations of this Court's rulings, which were both carefully reasoned and articulated at length both prior to and during the trial. As demonstrated by the transcript, Ash's conduct necessitated repeated intervention by the Court, including admonishments and curative instructions, as well as protracted post-trial motion practice. G iven the recklessness of the conduct, defendants' counsel shall pay $500 to the Clerk of the Court within thirty (30) days of the entry of this Decision and Order. Signed by Hon. Marian W. Payson on 3/20/2020. (KAH)-CLERK TO FOLLOW UP-
August 29, 2019 Opinion or Order Filing 169 DECISION & ORDER Liberatore's motion for judgment on the grounds of qualified immunity 152 153 is denied. Signed by Hon. Marian W. Payson on 8/29/2019. (KAH)
July 22, 2019 Opinion or Order Filing 166 DECISION AND ORDER re 158 MOTION to Set Aside Verdict filed by Benny T. Warr. On the record before the Court, plaintiffs are ordered to supplement their post-trial motion with an amended affidavit and memorandum of law supported by specific citations to the trial record and accompanied by the trial transcript. Plaintiffs' supplemental papers and trial transcript must be filed by no later than September 20, 2019. Signed by Hon. Marian W. Payson on 7/22/2019. (KAH)
July 3, 2018 Opinion or Order Filing 117 DECISION & ORDER The parties' cross-motions for partial reconsideration of the Decision 104 107 are denied. Trial Date Status Conference set for 7/31/2018 at 10:00 AM with the Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 7/3/2018. (KAH)
September 5, 2017 Opinion or Order Filing 102 DECISION AND ORDER granting in part and denying in part 88 Motion for Summary Judgment. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/5/17. (JPL)
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Plaintiff: Benny T. Warr
Represented By: Charles Francis Burkwit
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Plaintiff: Nina M. Warr
Represented By: Charles Francis Burkwit
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Defendant: Anthony R. Liberatore
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Defendant: Joseph M Ferrigno II
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Defendant: Mitchell R. Stewart II
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Defendant: James M. Sheppard
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Defendant: City of Rochester
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