Meeks v. City of Rochester et al
| Demond Meeks |
| City of Rochester, Alexis Ortiz, Tyler Couch and John Doe Police Officers 1-200 |
| 6:2022cv06163 |
| April 5, 2022 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
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This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.
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Filing 16
Letter filed by City of Rochester, Tyler Couch, John Doe Police Officers 1-200, Alexis Ortiz as to City of Rochester, Tyler Couch, John Doe Police Officers 1-200, Alexis Ortiz . (Ash, Spencer)
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Filing 15
Letter filed by Demond Meeks as to City of Rochester, Tyler Couch, John Doe Police Officers 1-200, Alexis Ortiz responding to ECF 14 to inform the Court that Plaintiff does intend to pursue the application for costs and attorney's fees. (Shields, Elliot)
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Filing 14
TEXT ORDER re: #4 Motion to Remand; #10 Motion for Protective Order and to Seal; #13 Letter. On April 14, 2022, defense counsel filed a letter stating that "by email dated April 13, 2022 Defendants agreed to have the above-referenced matter remanded to state court, and to the sealing of subject email if [Plaintiff's counsel] withdrew his costs application." (Dkt. 13). On or before April 25, 2022, Plaintiff's counsel shall inform defense counsel and the Court whether Plaintiff intends to pursue attorney's fees and costs associated with bringing the motion to remand. If Plaintiff agrees to withdraw his application for fees and costs, the parties shall also file by that date a joint stipulation to remand the case to Monroe County Supreme Court, if that is how they intend to proceed. Otherwise, the Court will issue a decision on the motion to remand and for fees and costs in due course. Further, the Court concludes that there is good cause to seal ECF 5-1, which are emails between counsel containing confidential settlement discussions for this case and another case, including a proposed settlement figure for the other case, which is pending in federal court. See, e.g., United States v. Glens Falls Newspapers, Inc., 160 F.3d 853, 858 (2d Cir. 1998) ("We conclude that the presumption of access to settlement negotiations, draft agreements, and conference statements is negligible to nonexistent."); see also Paravas v. Cerf, No. 21-CV-7463 (RA)(BCM), 2022 WL 203168, at *2 (S.D.N.Y. Jan. 24, 2022) (directing clerk of court to place under electronic seal letter submitted by pro se plaintiff, which discussed settlement terms). Accordingly, Plaintiff's motion for a protective order and to seal (Dkt. 10) is granted, and the Clerk of Court is directed to seal ECF 5-1. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/19/2022. (CAL) -CLERK TO FOLLOW UP-
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Filing 13
Letter filed by City of Rochester, Tyler Couch, John Doe Police Officers 1-200, Alexis Ortiz as to City of Rochester, Tyler Couch, John Doe Police Officers 1-200, Alexis Ortiz . (Ash, Spencer)
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Filing 12
REPLY/RESPONSE to re #10 First MOTION for Protective Order First MOTION to Seal filed by City of Rochester, Tyler Couch, John Doe Police Officers 1-200, Alexis Ortiz. (Ash, Spencer)
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Filing 11
REPLY to Response to Motion re #4 First MOTION to Remand and for attorney's fees and costs filed by Demond Meeks. (Shields, Elliot)
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Filing 10
First MOTION for Protective Order , First MOTION to Seal by Demond Meeks. (Attachments: #1 Declaration, #2 Exhibit Daily Record article, #3 Memorandum in Support)(Shields, Elliot)
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Clerk provisionally sealed ECF 5-1 per 8 Text Order. (JHF)
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Filing 9
AFFIDAVIT re #1 Notice of Removal, Affidavit of Service by City of Rochester, Tyler Couch, John Doe Police Officers 1-200, Alexis Ortiz. (Ash, Spencer)
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Filing 8
TEXT ORDER re #7 Letter requesting removal of ECF 5-1 from the docket. Plaintiff's letter contains a request for relief by the Court and therefore should be filed as a formal motion. Accordingly, on or before April 13, 2022, Plaintiff is directed to re-file his sealing request as a motion to seal and should include both a notice of motion and a memorandum of law with citation to legal authority supporting his request (see L. R. Civ. P. 7(a)), including addressing why an evidentiary admissibility rule contained at Rule 408 of the Federal Rules of Evidence would require the public sealing of ECF 5-1. Defendants shall file a response within 7 days of the date Plaintiff files his formal motion, and should indicate whether they consent to the sealing of this document. In the meantime, the Clerk of Court is directed to provisionally seal ECF 5-1 on the docket, until the Court resolves this issue. However, if Plaintiff fails to file the required motion by April 13, 2022, then the Clerk of Court shall unseal the document. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/08/2022. (CAL) -CLERK TO FOLLOW UP-
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Filing 7
Letter filed by Demond Meeks as to City of Rochester, Tyler Couch, John Doe Police Officers 1-200, Alexis Ortiz requesting removal of ECF 5-1 from the docket as it contains confidential settlement discussions. (Attachments: #1 Exhibit Email to Mr. Ash requesting removal of ECF 5-1 because it contains confidential settlement discussions, #2 Exhibit Mr. Ash's response)(Shields, Elliot)
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Filing 6
TEXT ORDER re #4 Motion for Remand and for Attorney's Fees and Costs. Defendants have filed a response to the pending motion for remand. (See Dkt. 5). Accordingly, Plaintiff's reply is due on or before April 14, 2022. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/07/2022. (CAL)
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Filing 5
RESPONSE in Opposition re #4 First MOTION to Remand and for attorney's fees and costs filed by City of Rochester, Tyler Couch, John Doe Police Officers 1-200, Alexis Ortiz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ash, Spencer)
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Filing 4
First MOTION to Remand and for attorney's fees and costs by Demond Meeks. (Attachments: #1 Declaration, #2 Exhibit Original Complaint, #3 Exhibit AOS on City on 12-15-21, #4 Exhibit AOS on Couch on 12-17-21, #5 Exhibit AOS on Ortiz on 12-17-21, #6 Exhibit State Court docket as of 4-6-22, #7 Exhibit Amended Complaint filed in state court on March 14, 2022, #8 Exhibit 4-5-22 email to Mr. Ash enclosing Amended Complaint and asking him to inform the Court that it contains no federal claims and the case must be remanded, #9 Exhibit 4-6-22 response from Mr. Ash, #10 Memorandum in Support)(Shields, Elliot)
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Filing 3
Letter filed by City of Rochester, Tyler Couch, John Doe Police Officers 1-200, Alexis Ortiz as to City of Rochester, Tyler Couch, John Doe Police Officers 1-200, Alexis Ortiz . (Attachments: #1 Supplement)(Ash, Spencer)
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Filing 2
Verified ANSWER to Complaint by City of Rochester, Tyler Couch, Alexis Ortiz.(Ash, Spencer)
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Filing 1
NOTICE OF REMOVAL by City of Rochester, Tyler Couch, Alexis Ortiz from Supreme Court Monroe County, case number E2021010968. (Filing fee $ 402 receipt number ANYWDC-4546859), filed by City of Rochester, Tyler Couch, Alexis Ortiz. (Attachments: #1 Appendix Index of Removal, #2 Exhibit A, #3 Civil Cover Sheet, #4 Certificate of Service)(Ash, Spencer)
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Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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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. (TMK)
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