Prude v. The City of Rochester et al
| Tameshay Prude and Nathaniel McFarland |
| The City of Rochester, Francisco Santiago, Troy Taladay, Paul Ricotta, Henry C. Favor, Randy Benjamin, La'Ron Singletary, Mark Vaughn, Flamur Zenelovic, Mark L. Simmons, Michael Houlihan, Michael Perkowski, Josiah Harris, Michael Magri and Andrew Specksgoor |
| Tashyra Prude and Junera Prude |
| 6:2020cv06675 |
| September 8, 2020 |
| US District Court for the Western District of New York |
| Frank P Geraci |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on October 6, 2022. A more recent docket listing may be available from PACER.
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Filing 63
ORDER granting #62 Motion for Settlement. Signed by Hon. Frank P. Geraci, Jr. on 10/6/2022. (BJJ)Clerk to Follow upClerk to close case.
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| Filing 62 MOTION for Settlement Motion to Approve Settlement, Attorneys' Fees, and Disbursements by Nathaniel McFarland. (Attachments: #1 Affidavit of Matthew J. Piers, #2 Affidavit of Nathaniel McFarland) (Piers, Matthew) |
| Filing 61 Minute Entry for proceedings held before Magistrate Judge Jonathan W. Feldman: In-Chambers Pre-Mediation Zoom Conference held on 1/19/2022. Appearances: Stephen Schwarz, Elizabeth Mazur, Matthew Piers, Adam Ingber, and Mark Dym appeared on behalf of Plaintiff. Spencer Ash and Christopher Noone appeared on behalf of Defendants City of Rochester, Troy Taladay, Francisco Santiago, Michael Magri, Andrew Specksgoor, and Josiah Harris. David Rothenberg appeared on behalf of Defendant Mark Vaughn. The Court will issue an order scheduling the mediation. (BJJ) |
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Filing 60
TEXT ORDER: Status Conference to discuss mediation set for 1/19/2022 at 9:30 AM before Magistrate Judge Jonathan W. Feldman via Zoom. Counsel will receive the link for the Zoom conference via email. To the extent any members of the public wish to join the conference, they may call Chambers at 585-613-4090 to receive the login information. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 1/4/22. (BJJ)
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| Filing 59 STATUS REPORT (JOINT) by Nathaniel McFarland. (Schwarz, Stephen) |
| Filing 58 Letter filed by Andrew Specksgoor, Mark Vaughn, The City of Rochester, Josiah Harris, Randy Benjamin, Michael Perkowski, La'Ron Singletary, Francisco Santiago, Paul Ricotta, Flamur Zenelovic, Michael Houlihan, Troy Taladay, Mark L. Simmons, Michael Magri, Henry C. Favor as to Andrew Specksgoor, Mark Vaughn, The City of Rochester, Josiah Harris, Randy Benjamin, Michael Perkowski, La'Ron Singletary, Francisco Santiago, Paul Ricotta, Flamur Zenelovic, Michael Houlihan, Troy Taladay, Mark L. Simmons, Michael Magri, Henry C. Favor . (Ash, Spencer) |
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Filing 57
TEXT ORDER: The deadlines for pre-mediation discovery are extended, as set forth at today's status conference: By November 3, 2021, the City shall notify the Court of its position on any potential conflicts of interest regarding its representation of multiple defendants. Plaintiff may also notify the Court of his position by that same date. By November 19, 2021, the parties shall complete all document discovery. By January 1, 2022, all pre-mediation discovery, including the agreed-upon depositions, shall be completed. By January 7, 2022, the parties shall file a joint status report with the Court. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 10/20/2021. (MFM)
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Filing 56
TEXT ORDER: On the parties' unopposed request, the Court will hold a status conference on pre-mediation discovery at 11:00 A.M. on October 20, 2021. The conference will be held in-person at the United States Courthouse, 100 State Street, Rochester, New York. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 10/7/2021. (MFM)
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| Set/Reset Hearings: Status Conference set for 10/20/2021 11:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Magistrate Judge Jonathan W. Feldman. (MFM) |
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Filing 55
TEXT ORDER granting #54 Unopposed Request for Judicial Subpoenas. Counsel may pick up signed copies of the subpoenas from chambers. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 9/1/2021. (MFM)
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| Filing 54 MOTION Issuance of Judicial Subpoenas by Nathaniel McFarland. (Attachments: #1 Judicial Subpoena to New York State Attorney General's Office, #2 Judicial Subpoena to Office of the Monroe County Medical Examiner)(Schwarz, Stephen) |
| Filing 53 Letter filed by Andrew Specksgoor, The City of Rochester, Josiah Harris, Michael Magri as to Andrew Specksgoor, Mark Vaughn, The City of Rochester, Josiah Harris, Randy Benjamin, Michael Perkowski, La'Ron Singletary, Francisco Santiago, Paul Ricotta, Flamur Zenelovic, Michael Houlihan, Troy Taladay, Mark L. Simmons, Michael Magri, Henry C. Favor Concerning Legal Representation of Defendant Officers. (Beath, Patrick) |
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Filing 52
STIPULATION AND PROTECTIVE ORDER. Signed by Magistrate Judge Jonathan W. Feldman on 8/3/2021. (Attachments: #1 Supplemental Order)(MFM)
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| E-Filing Notification: Clerk revised docket text of #51 to "Proposed Stipulated Confidentiality Agreement/Protective Order" to clarify the filing event. (JHF) |
| Filing 51 Proposed Stipulated Confidentiality Agreement/Protective Order filed on behalf of all parties by Andrew Specksgoor, The City of Rochester, Josiah Harris, Michael Magri. (Attachments: #1 Text of Proposed Order Proposed Stipulated Protective Order) (Beath, Patrick) Modified on 8/3/2021 (JHF). |
| Filing 50 NOTICE of Appearance by Spencer L. Ash on behalf of Josiah Harris, Michael Magri, Andrew Specksgoor, The City of Rochester (Ash, Spencer) |
| Filing 49 NOTICE of Appearance by Christopher Noone on behalf of Josiah Harris, Michael Magri, Andrew Specksgoor, Troy Taladay, The City of Rochester, Mark Vaughn. (Noone, Christopher) |
| Filing 48 NOTICE of Appearance by Spencer L. Ash on behalf of Josiah Harris, Michael Magri, Francisco Santiago, Andrew Specksgoor, Troy Taladay, The City of Rochester, Mark Vaughn (Ash, Spencer) |
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Filing 47
PRE-MEDIATION 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.)Parties shall exchange initial disclosures by 7/26/2021.Parties shall submit proposed stipulated confidentiality agreement/proposed protective order by 8/2/2021.City of Rochester and Attorney Rothenberg shall notify the Court regarding the status of, and any potential conflicts relating to, the representation of individual defendants Mark Vaughn, Troy Taladay, and Francisco Santiago by 8/23/2021. Discovery completed by 10/25/2021.SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 7/26/2021. (MFM)
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| Filing 46 DISCOVERY PLAN by Nathaniel McFarland.(Schwarz, Stephen) |
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Filing 45
ORDER: Scheduling Conference set for 7/22/2021 at 02:00 PM before Magistrate Judge Jonathan W. Feldman. Signed by Magistrate Judge Jonathan W. Feldman on 7/6/21. (BJJ)
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| E-Filing Notification: Clerk revised docket text of #41 , #43 and #44 to clarify the filing events. (JHF) |
| Filing 44 ANSWER to #41 Second Amended Complaint by Josiah Harris, Michael Magri, Andrew Specksgoor, The City of Rochester. (Beath, Patrick) Modified on 6/23/2021 (JHF). |
| Filing 43 ANSWER to #41 Second Amended Complaint by Francisco Santiago, Troy Taladay, Mark Vaughn. (Rothenberg, David) Modified on 6/23/2021 (JHF). |
| Filing 42 Minute Entry for proceedings held before Hon. Frank P. Geraci, Jr.: Status Conference held on 6/8/2021. The Court discusses mediation/mediators with counsel. Mark Dym, Esq.; Adam Ingber, Esq.; Matthew Piers, Esq.; Elizabeth Mazur, Esq., by Zoom. Steve Schwarz, Esq.; Lesley Niebel, Esq.; Patrick Beath, Esq.; David Rothenberg, Esq., in person. (Court Reporter Christi Macri.) (PR) |
| Filing 41 SECOND AMENDED COMPLAINT (JURY TRIAL DEMANDED) against Josiah Harris, Michael Magri, Francisco Santiago, Andrew Specksgoor, Troy Taladay, The City of Rochester, Mark Vaughn, filed by Nathaniel McFarland.(Schwarz, Stephen) Modified on 6/23/2021 (JHF). |
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Filing 40
STIPULATION AND ORDER for Plaintiff to File Second Amended Complaint. Signed by Hon. Frank P. Geraci, Jr. on 6/4/21. (JHF)
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| Filing 39 STIPULATION AND PROPOSED ORDER FOR PLAINTIFF TO FILE SECOND AMENDED COMPLAINT by Nathaniel McFarland. (Attachments: #1 Exhibit Ex. A - Second Amended Complaint (redlined version))(Schwarz, Stephen) |
| Filing 38 TEXT ORDER Status Conference reset for 6/8/2021 02:30 PM before Hon. Frank P. Geraci, Jr. Local counsel should appear in person; out-of-town counsel may appear by Zoom. Public access can be obtained by calling chambers at 585-613-4090. IT IS SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/2/21. (PR) |
| Filing 37 TEXT ORDER: Status Conference set for 6/9/2021 04:00 PM before Hon. Frank P. Geraci, Jr. Local counsel shall appear in-person. Out-of-town counsel may appear by Zoom for Government via a link that will be provided in advance of the conference. The public may obtain the call-in information by contacting chambers at 585-613-4090. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/28/21. (BJJ) |
| Filing 36 ANSWER to #24 Amended Complaint by Francisco Santiago, Troy Taladay, Mark Vaughn.(Rothenberg, David) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JHF) |
| Filing 35 TEXT ORDER granting #34 Motion for Extension of Time to Answer. Francisco Santiago answer due 5/28/2021; Troy Taladay answer due 5/28/2021; Mark Vaughn answer due 5/28/2021. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/13/21. (BJJ) |
| Filing 34 MOTION for Extension of Time to File Answer Letter Motion on Consent Requesting that the Court Sua Sponte Extend the Time for Defendants Vaughn, Taladay and Santiago to Appear and Respond to the Complaint by The City of Rochester.(Beath, Patrick) |
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Filing 33
ORDER granting #32 Motion for Extension of Time to Answer. Francisco Santiago answer due 5/14/2021; Troy Taladay answer due 5/14/2021; Mark Vaughn answer due 5/14/2021. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 4/14/21. (BJJ)
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| Filing 32 MOTION for Extension of Time to File Answer Letter Motion on Consent Requesting that the Court Sua Sponte Extend the Time for Defendants Vaughn, Taladay and Santiago to Appear and Respond to the Complaint by The City of Rochester.(Beath, Patrick) |
| Filing 31 ANSWER to #24 Amended Complaint by Josiah Harris, Michael Magri, Andrew Specksgoor.(Beath, Patrick) |
| Filing 30 ANSWER to #24 Amended Complaint by The City of Rochester.(Beath, Patrick) |
| Filing 29 AFFIDAVIT of Service for SUMMONS IN A CIVIL ACTION AND AMENDED COMPLAINT (JURY TRIAL DEMANDED) served on THE CITY OF ROCHESTER, MARK VAUGHN, TROY TALADAY, FRANCISCO SANTIAGO, MICHAEL MAGRI, ANDREW SPECKSGOOR, JOSIAH HARRIS on 03/12/2021, filed by Nathaniel McFarland. (Attachments: #1 Affidavit of Service (MARK VAUGHN), #2 Affidavit of Service (TROY TALADAY), #3 Affidavit of Service (FRANCISCO SANTIAGO), #4 Affidavit of Service (MICHAEL MAGRI), #5 Affidavit of Service (ANDREW SPECKSGOOR), #6 Affidavit of Service (JOSIAH HARRIS))(Schwarz, Stephen) |
| Filing 28 NOTICE of Appearance by Elizabeth N. Mazur on behalf of Nathaniel McFarland (Mazur, Elizabeth) |
| Filing 27 Summons Reissued as to Josiah Harris, Michael Magri, Francisco Santiago, Andrew Specksgoor, Troy Taladay, The City of Rochester, Mark Vaughn. (JHF) |
| Filing 26 CONTINUATION OF EXHIBITS Summons in a Civil Action (THE CITY OF ROCHESTER). (Attachments: #1 Summons in a Civil Action (MARK VAUGHN), #2 Summons in a Civil Action (TROY TALADAY), #3 Summons in a Civil Action (FRANCISCO SANTIAGO), #4 Summons in a Civil Action (MICHAEL MAGRI), #5 Summons in a Civil Action (ANDREW SPECKSGOOR), #6 Summons in a Civil Action (JOSIAH HARRIS))(Schwarz, Stephen) |
| Filing 25 NOTICE of Appearance by Lesley Ellen Niebel on behalf of Nathaniel McFarland (Niebel, Lesley) |
| Filing 24 AMENDED COMPLAINT against Josiah Harris, Michael Magri, Francisco Santiago, Andrew Specksgoor, Troy Taladay, The City of Rochester, Mark Vaughn, filed by Nathaniel McFarland.(Schwarz, Stephen) |
| Filing 23 NOTICE of Appearance by Adam David Ingber on behalf of Nathaniel McFarland (Ingber, Adam) |
| Filing 22 NOTICE of Appearance by Margaret E. Truesdale on behalf of Nathaniel McFarland (Truesdale, Margaret) |
| Filing 21 NOTICE of Appearance by Mark S. Dym on behalf of Nathaniel McFarland (Dym, Mark) |
| Filing 20 NOTICE of Appearance by Matthew J. Piers on behalf of Nathaniel McFarland (Piers, Matthew) |
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Filing 19
ORDER: McFarland's motion for substitution and amendment, ECF No. #12 , is GRANTED. To the extent that motion seeks permission for McFarland to intervene, it is DENIED AS MOOT. McFarland may amend the Complaint on or before March 8, 2021. Tashyra and Junera Prude's motion to intervene, ECF No. #3 , is DENIED. The application of Tameshay Prude's attorneys for a charging lien, ECF No. #16 , is DENIED WITHOUT PREJUDICE. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/5/21. (BJJ)-CLERK TO FOLLOW UP-The Clerk of Court is directed to substitute Nathaniel McFarland as Plaintiff in this action and terminate Tameshay Prude as a party.
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| Filing 18 Minute Entry for proceedings held before Hon. Frank P. Geraci, Jr.: Oral Argument held on 1/5/2021. The Court grants the #12 Motion to Substitute Nathaniel McFarland as plaintiff. The Clerk of Court is directed to amend the caption of this case. The Court grants the request for leave to file an amended complaint. The amended complaint must be filed within 60 days, which will also give the City time to determine representation of the various defendants. The #16 Cross-Motion for an attorney fee lien is denied without prejudice to refiling at the appropriate time. The #3 Motion to Intervene by Tashyra and Junera Prude is denied. The Court will file a formal Order regarding its decisions on the motions. Eliot Shields, Esq., Don Thompson, Esq.; Steve Schwarz, Esq.; David Stern, Esq; Patrick Beath, Esq., all by Zoom. (Court Reporter Christi Macri.) (PR) |
| E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #17 Letter filed by Nathaniel McFarland as to Andrew Specksgoor, Mark Vaughn, The City of Rochester, Josiah Harris, Randy Benjamin, Michael Perkowski, La'Ron Singletary, Francisco Santiago, Paul Ricotta, Flamur Zenelovic, Michael Houlihan, Troy Taladay, Mark L. Simmons, Michael Magri, Henry C. Favor . (Attachments: # 1 Text of Proposed Order)(Schwarz, Stephen) (BK) |
| Filing 17 Letter filed by Nathaniel McFarland as to Andrew Specksgoor, Mark Vaughn, The City of Rochester, Josiah Harris, Randy Benjamin, Michael Perkowski, La'Ron Singletary, Francisco Santiago, Paul Ricotta, Flamur Zenelovic, Michael Houlihan, Troy Taladay, Mark L. Simmons, Michael Magri, Henry C. Favor . (Attachments: #1 Text of Proposed Order)(Schwarz, Stephen) |
| Filing 16 RESPONSE to Motion re #12 MOTION to Substitute Party in Interest, to Intervene, to Dismiss Joint Petition, for Leave to Amend Complaint, and to Lift Stay Consent to substitution and cross motion for charging lien. filed by Tameshay Prude. (Attachments: #1 Declaration)(Shields, Elliot) |
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Filing 15
ORDER granting #14 Motion for Extension of Time to Answer for All Defendants. If intervention is granted, Defendants shall answer within 21 days of the filing of an amended complaint. If intervention is denied, Defendants shall answer within 14 days of the date of that denial. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/18/20. (BJJ)
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| Filing 14 MOTION for Extension of Time to File Answer by The City of Rochester.(Beath, Patrick) |
| Filing 13 TEXT ORDER: Nathaniel McFarland has filed a Motion to Lift the Stay and Substitute and Intervene as a Party. ECF No. #12 . The stay is lifted. The parties may respond on or before 12/30/2020. Oral Argument set for 1/5/2021 02:00 PM before Hon. Frank P. Geraci, Jr. via Zoom for Government. Counsel will receive an email with the instructions for joining the Zoom proceeding. Any members of the public who wish to attend shall call Chambers at 585-613-4090 for call in instructions. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 12/16/2020. (BJJ) |
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Filing 12
MOTION to Substitute Party in Interest, to Intervene, to Dismiss Joint Petition, for Leave to Amend Complaint, and to Lift Stay by Nathaniel McFarland. (Attachments: #1 Declaration of Stephen G. Schwarz, #2 Exhibit A - Petition for Letters of Aministration by Tameshay Prude, #3 Exhibit B - Order Suspending Letters signed by Judge Owens, #4 Exhibit C - Cook County Letters of Administration issued to McFarland, #5 Exhibit D - Order Granting Temporary Letters, #6 Exhibit E - Order Revoking Letters of Administration and Granting Ancillary, #7 Memorandum in Support)(Schwarz, Stephen)
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Filing 11
ORDER granting #10 Motion to Stay until 12/20/2020 or until further order of the Court. The parties shall provide a status report to the Court no later than 12/20/2020. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/22/2020. (BJJ)
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| Filing 10 MOTION to Stay Letter Motion to Stay Proceedings During Suspension of Plaintiff's Limited Letters of Administration of the Estate of Daniel Prude by The City of Rochester. (Attachments: #1 Exhibit 10-20-20 Order Suspending Letters of Administration)(Beath, Patrick) |
| Filing 9 TEXT ORDER granting #8 Motion for Extension of Time to Answer. All defendants shall answer the Complaint no later than 11/9/2020. Counsel for the City of Rochester in this action shall communicate this new deadline to individual defendants. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/16/20. (BJJ) |
| Filing 8 MOTION for Extension of Time to File Answer Letter Requesting that the Court sua sponte extend until November 9, 2020 the time for the individual defendants to answer the complaint by The City of Rochester.(Beath, Patrick) |
| Filing 7 TEXT ORDER: The City of Rochester's Motion to Stay the City's Time to Answer the Complaint, ECF No. #6 , is GRANTED IN PART and DENIED IN PART. This action was commenced on September 8, 2020, by Plaintiff Tameshay Prude, Daniel Prude's sister and the administrator of his estate. On September 17, 2020, individuals purporting to be Mr. Prude's issue filed a motion to intervene in this action. Whether Plaintiff can continue as administrator of Mr. Prude's estate is now the subject of proceedings in Monroe County Surrogate's Court. The City was served on September 21, 2020 and seeks an extension of time to answer until after several events occur. Due to the proceedings in Surrogate's Court, which will resolve whether Plaintiff is a proper plaintiff in this action, the Court agrees that an extension of time to answer is warranted. However, the Court finds that the indeterminate extension the City seeks is not appropriate. Accordingly, subject to further review and unless otherwise ordered by the Court, the City shall answer the Complaint on or before November 9, 2020. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/7/20. (BJJ) |
| Filing 6 MOTION to Stay Letter Motion to Stay the City's Time to Answer the Complaint by The City of Rochester.(Beath, Patrick) |
| Filing 5 REPLY in Further Support re #3 JOINT MOTION to Intervene filed by Junera Prude, Tameshay Prude. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Ciardi, Francis) Modified on 9/30/2020 (JHF). |
| E-Filing Notification: Clerk revised the docket text of #5 to "REPLY in Further Support" to clarify the filing event. (JHF) |
| Filing 4 RESPONSE in Opposition re #3 MOTION to Intervene filed by Tameshay Prude. (Attachments: #1 Declaration, #2 Exhibit Preservation Letter, #3 Exhibit FOIL Request, #4 Exhibit FOIL Appeal, #5 Exhibit City response to FOIL appeal, #6 Exhibit July 23, 2020 email to City re BWC video, #7 Exhibit Notice of Claim, #8 Exhibit Petition for Letters of Administration, #9 Exhibit Letters of Administration with Limitations, #10 Exhibit Amended Notice of Claim, #11 Exhibit Second Amended Notice of Claim, #12 Exhibit McFarland Petition to Revoke)(Shields, Elliot) |
| E-Filing Notification: Clerk revised docket text of #3 to "JOINT MOTION to Intervene" to clarify the filing event and modified case caption to reflect the addition of two Intervenor Plaintiffs to the case. (JHF) |
| Filing 3 JOINT MOTION to Intervene by Tashyra Prude, Junera Prude. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Ciardi, Francis) Modified on 9/18/2020 (JHF). |
| Filing 2 Summons Issued as to Randy Benjamin, Henry C. Favor, Josiah Harris, Michael Houlihan, Michael Magri, Michael Perkowski, Paul Ricotta, Francisco Santiago, Mark L. Simmons, La'Ron Singletary, Andrew Specksgoor, Troy Taladay, The City of Rochester, Mark Vaughn, Flamur Zenelovic. (JD) |
| Case Assigned to Hon. Frank P. Geraci, Jr. Notification to Chambers of on-line civil case opening. (JD) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JD) |
| Filing 1 COMPLAINT with Summons and Civil Cover Sheet against All Defendants $ 400 receipt number 0209-3965176, filed by Tameshay Prude.(Shields, Elliot) |
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