Simmons v. Ferrigno, II et al
| Silvon S. Simmons |
| Joseph M. Ferrigno, II, Samuel Giancursio, Michael L. Ciminelli and City of Rochester |
| 6:2017cv06176 |
| March 27, 2017 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| Michael A. Telesca |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
180
DECISION AND ORDER: Plaintiff's 173 Motion in Limine is GRANTED in part and DENIED in part. Defendants' 174 Motion in Limine is GRANTED in part and DENIED in part. Plaintiff's 171 letter request for judicial notice is GRANTED to the extent set out herein. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/22/2024. (RWW)
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Filing
153
DECISION AND ORDER: For the reasons stated in the Decision and Order, the City Defendants' Motion for Partial Summary Judgment, ECF No. 132 , is GRANTED IN PART and DENIED IN PART. Plaintiff's false arrest claim (Count I), excessive force claim (Count II), malicious prosecution claims (Counts IV and XII), fair trial claim (Count V), failure to intervene claim (Count VII), battery claim (Count X), and assault claim (Count XI) may proceed.The ShotSpotter Defendants' Motion for Summary Judgment, ECF No. 136 , is GRANTED in its entirety. The Clerk of Court is directed to terminate ShotSpotter, Inc., SST, Inc., and Paul C. Greene as defendants.The Clerk of Court is further directed to terminate John Does 1-20 and John Does 21-30 as defendants. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/13/2023. (RWW)Clerk to Follow up
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Filing
151
DECISION AND ORDER: For the reasons stated in the Decision and Order, Plaintiff's 141 Motion to Seal is DENIED. Plaintiff shall file his Supplemental Response on the public docket on or before June 2, 2023. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/30/2023. (RWW)
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Filing
82
ORDER granting in part 69 Motion to Compel. That portion of Simmons's motion that seeks reimbursement of his fees and costs 69 is GRANTED, and the City Defendants are directed to reimburse Simmons's attorneys' fees and costs incur red in making this motion. The parties are directed to promptly meet and confer regarding the amount of attorneys' fees and costs to be reimbursed; in the event that no agreement is reached by June 9, 2021, plaintiff shall file a sworn affidavi t by that date attesting to the amount of attorney' fees and costs incurred in connection with the motion. To the extent the City Defendants contest these amounts, they must file an affidavit in opposition by no later than June 16, 2021. The City Defendants' request for an extension until June 23, 2021, to produce all responsive documents 81 is granted. Signed by Hon. Marian W. Payson on 5/26/21.(CMC)
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Filing
58
DECISION & ORDER and AMENDED SCHEDULING ORDER Simmons's motion to compel and for an extension of the scheduling order and costs 55 is granted in part and denied in part. The City Defendants are directed to provide written responses and produce documents responsive to Simmons's document demands by no later than October 30, 2020. Oral Argument set for 10/20/2020 is cancelled. It is further Ordered that the Court's 4/14/2020 Amended Scheduling Order 53 shall be amended as follow s: Fact Discovery to be completed by 12/7/2020. Motion to Compel due by 2/26/2021. Plaintiff Expert ID due by 12/28/2020. Defendants Expert ID due by 1/25/2021. Expert Discovery to be completed by 2/8/2021. Dispositive Motions due by 4/19/2021. Signed by Hon. Marian W. Payson on 10/13/2020. (KAH)
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