Pagan v. The City of Rochester
| New York Western District Court | |
| Judge: | Charles J Siragusa |
| Referred: | Jonathan W Feldman |
| Case #: | 6:17-cv-06073 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jan 31, 2017 |
| Last checked: Sunday Jul 30, 2017 4:34 AM EDT |
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Defendant
City of Rochester
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Represented By
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Defendant
ROCHESTER POLICE DEPARTMENT
185 EXCHANGE STREET
ROCHESTER, NY 14614 |
Represented By
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Defendant
Mayor Lovely Warren
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Represented By
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Defendant
Roch. Police Chief Michael Ciminelli
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Represented By
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Defendant
Rochester City Council
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Represented By
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Defendant
Rochester Police Officer John Doe 1
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Represented By
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Defendant
Rochester Police Officer John Doe 2
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Represented By
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Defendant
Rochester Police Officer John Doe 3
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Represented By
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Defendant
Rochester Police Officer John Doe 4
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Represented By
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Plaintiff
Ms. Alicia Pagan
Wesley Clark and Bates LLP 45 Exchange Blvd. Ste. 900 Rochester
Rochester, NY 14614 |
Represented By
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| Docket last updated: 12 hours ago |
| Friday, June 22, 2018 | ||
| 31 | 31
order
Stipulation and Order
Fri 06/22 1:57 PM
STIPULATION AND ORDER OF DISMISSAL. Signed by Hon. Charles J. Siragusa on 6/22/18. (KAP) |
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| Thursday, June 21, 2018 | ||
| 30 | 30
misc
Stipulation of Dismissal
Thu 06/21 5:17 PM
STIPULATION of Dismissal Signed by All Parties, for Endorsement by the Court by City of Rochester, Rochester Police Department Officer Thomas Lisle, Rochester Police Department Sergeant Matthew Webster. (Beath, Patrick) |
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| Wednesday, May 30, 2018 | ||
| 29 | 29
order
Scheduling Order
Wed 05/30 4:05 PM
AMENDED 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. Plaintiff Expert Witness ID due by 7/31/2018. Defendant Expert Witness ID due by 8/29/2018. Discovery completed by 9/30/2018. Dispositive Motions due by 11/14/2018. Signed by Hon. Jonathan W. Feldman on 5/30/2018. (MAH) |
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| Friday, February 23, 2018 | ||
| 28 | 28
adr
Mediation Certification
Fri 02/23 9:22 AM
Mediation Certification by Joseph B. Rizzo(AGB) |
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| Wednesday, January 10, 2018 | ||
| 27 | 27
adr
Stipulation-Selection of Mediator
Wed 01/10 4:35 PM
Stipulation-Selection of Mediator by City of Rochester, Rochester Police Department Officer Thomas Lisle, Rochester Police Department Sergeant Matthew Webster(Beath, Patrick) |
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| Tuesday, December 19, 2017 | ||
| 26 | 26
answer
Answer to Amended Complaint
Tue 12/19 9:51 AM
ANSWER to18 Amended Complaint by Rochester Police Department Officer Thomas Lisle, Rochester Police Department Sergeant Matthew Webster.(Beath, Patrick) |
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| Wednesday, December 13, 2017 | ||
| 25 | 25
order
Scheduling Order
Wed 12/13 12:11 PM
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. Mandatory Disclosures due by 1/8/2018. Stipulation of Selection of Mediator due by 1/10/2018. Motions to Join Parties/Amend Pleadings due by 3/5/2018. First Mediation Session due by 3/7/2018. Mediation To End by 5/7/2018. Plaintiff Expert Witness ID due by 5/31/2018. Defendant Expert Witness ID due by 6/29/2018. Discovery completed by 7/31/2018. Dispositive Motions due by 9/14/2018. Signed by Hon. Jonathan W. Feldman on 12/13/2017. (MAH) |
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| 24 | 24
minutes
Scheduling Conference
Wed 12/13 10:14 AM
Minute Entry for proceedings held before Hon. Jonathan W. Feldman: Scheduling Conference held on 12/13/2017. Appearances: Kevin R. Clark, Esq. for Plaintiff; Patrick Beath, Esq. for Defendant. Court will issue a Scheduling Order. (MAH) |
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| Monday, December 04, 2017 | ||
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service
Summons Returned Executed
Mon 12/04 11:12 AM
SUMMONS Returned Executed per22 Affidavit of Service: Rochester Police Department Officer Thomas Lisle served on 11/28/2017, answer due 12/19/2017; Rochester Police Department Sergeant Matthew Webster served on 11/28/2017, answer due 12/19/2017. (LB) |
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| Friday, December 01, 2017 | ||
| 22 | 22
service
Affidavit of Service
Fri 12/01 10:10 AM
AFFIDAVIT of Service for Second Amended Complaint served on Sergeant Matthew Webster, Officer Thomas Lisle on 11/28/2017, filed by Alicia Pagan. (Clark, Kevin) |
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| Monday, November 27, 2017 | ||
| 21 | 21
service
Summons Reissued
Mon 11/27 4:17 PM
Summons Reissued as to City of Rochester, Rochester Police Department Officer Thomas Lisle, Rochester Police Department Sergeant Matthew Webster. (JHF) |
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| Wednesday, November 22, 2017 | ||
| 20 | 20
answer
Answer to Amended Complaint
Wed 11/22 10:10 AM
ANSWER to18 Amended Complaint by City of Rochester.(Beath, Patrick) |
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| 19 | 19
misc
Continuation of Exhibits
Wed 11/22 9:24 AM
CONTINUATION OF EXHIBITS Summons for Second Amended Complaint . (Clark, Kevin) |
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| Wednesday, November 08, 2017 | ||
| 18 | 18
cmp
Amended Complaint
Wed 11/08 9:12 AM
AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Alicia Pagan.(Clark, Kevin) |
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| Monday, November 06, 2017 | ||
| 17 | 17
order
Stipulation and Order ~Util - Set Deadlines/Hearings
Mon 11/06 12:33 PM
STIPULATION AND ORDER, Second Amended Complaint due by 11/27/2017. Signed by Hon. Jonathan W. Feldman on 11/6/2017. (MAH) |
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| Tuesday, September 26, 2017 | ||
| 16 | 16
4
pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 09/26 11:02 AM
ORDER, Scheduling Conference set for 12/13/2017 10:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 09/26/2017. (JKT) |
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| Friday, September 22, 2017 | ||
| 15 | 15
order
Order Referring Case to Magistrate Judge
Fri 09/22 9:45 AM
TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Jonathan W. Feldman. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. All non-dispositive motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Signed by Hon. Charles J. Siragusa on 9/22/17. (KJA) |
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| Wednesday, September 13, 2017 | ||
| 14 | 14
15
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order
Order on Motion to Dismiss for Failure to State a Claim
Wed 09/13 4:21 PM
DECISION AND ORDER granting in part and denying in part6 Motion to Dismiss for Failure to State a Claim. Defendants' partial motion to dismiss is granted to the extent that only the following claims may go forward: the 1983 cause of action for excessive force against the individual officers; and the state law assault and battery claims against the individual officers, including any respondeat superior liability on the part of the City of Rochester. Signed by Hon. Charles J. Siragusa on 9/13/17. (KAP) |
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| Thursday, August 17, 2017 | ||
| 13 | 13
minutes
Motion Hearing ~Util - Motions Submitted
Fri 08/18 10:28 AM
Minute Entry for proceedings held before Hon. Charles J. Siragusa: Kevin Clark, Esq. appearing on behalf of plaintiff. Patrick Beath, Esq. appearing on behalf of defendants. Motion Hearing held on 8/17/2017 re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Rochester, Rochester Police Officer John Doe 2, Rochester Police Officer John Doe 1, ROCHESTER POLICE DEPARTMENT, Lovely Warren, Rochester City Council, Rochester Police Officer John Doe 4, Rochester Police Officer John Doe 3, Michael Ciminelli. Motions Submitted:6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Court will issue a written decision. (Court Reporter Diane Martens.) (KJA) |
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| Wednesday, May 17, 2017 | ||
| 12 | 12
respm
Reply/Response
Wed 05/17 8:45 AM
REPLY/RESPONSE to re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Reply Memorandum in Further Support filed by Michael Ciminelli, City of Rochester, ROCHESTER POLICE DEPARTMENT, Rochester City Council, Rochester Police Officer John Doe 1, Rochester Police Officer John Doe 2, Rochester Police Officer John Doe 3, Rochester Police Officer John Doe 4, Lovely Warren. (Beath, Patrick) |
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| Friday, May 05, 2017 | ||
| 11 | 11
misc
Memorandum/Brief
Fri 05/05 5:31 PM
MEMORANDUM/BRIEF Memorandum of Law by Alicia Pagan. (Clark, Kevin) |
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| Thursday, April 20, 2017 | ||
| 10 | 10
order
Order ~Util - Set/Reset Motion and R&R Deadlines/Hearings
Thu 04/20 10:34 AM
LETTER ORDER re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Rochester, Rochester Police Officer John Doe 2, Rochester Police Officer John Doe 1, ROCHESTER POLICE DEPARTMENT, Lovely Warren, Rochester City Council, Rochester Police Officer John Doe 4, Rochester Police Officer John Doe 3, Michael Ciminelli granting plaintiff's request for extension of time. ( Responses due by 5/5/2017., Replies due by 5/19/2017.) Motion argument will remain as previously scheduled.. Signed by Hon. Charles J. Siragusa on 4/20/17. (KAP) |
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| Tuesday, April 04, 2017 | ||
| 9 | 9
order
Order ~Util - Set/Reset Motion and R&R Deadlines/Hearings
Tue 04/04 1:00 PM
MOTION SCHEDULING ORDER re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Rochester, Rochester Police Officer John Doe 2, Rochester Police Officer John Doe 1, ROCHESTER POLICE DEPARTMENT, Lovely Warren, Rochester City Council, Rochester Police Officer John Doe 4, Rochester Police Officer John Doe 3, Michael Ciminelli. ( Responses due by 4/18/2017. Replies due by 5/2/2017. Motion Hearing set for 8/17/2017 02:00 PM before Hon. Charles J. Siragusa.). Signed by Hon. Charles J. Siragusa on 4/4/17. (KAP) |
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| Friday, March 31, 2017 | ||
| 8 | 8
respm
Memorandum in Support of Motion
Fri 03/31 4:30 PM
MEMORANDUM in Support re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael Ciminelli, City of Rochester, ROCHESTER POLICE DEPARTMENT, Rochester City Council, Rochester Police Officer John Doe 1, Rochester Police Officer John Doe 2, Rochester Police Officer John Doe 3, Rochester Police Officer John Doe 4, Lovely Warren. (Beath, Patrick) |
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| 7 | 7
misc
Declaration
Fri 03/31 4:27 PM
DECLARATION signed by Patrick Beath re6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rochester Police Officer John Doe 1, ROCHESTER POLICE DEPARTMENT, Rochester City Council, Rochester Police Officer John Doe 2, City of Rochester, Rochester Police Officer John Doe 4, Michael Ciminelli, Rochester Police Officer John Doe 3, Lovely Warren filed by Rochester Police Officer John Doe 1, ROCHESTER POLICE DEPARTMENT, Rochester City Council, Rochester Police Officer John Doe 2, City of Rochester, Rochester Police Officer John Doe 4, Michael Ciminelli, Rochester Police Officer John Doe 3, Lovely Warren.(Beath, Patrick) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit A (continued),
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Att: 3
Exhibit Exhibit A (continued),
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Att: 4
Exhibit Exhibit A (continued),
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Att: 5
Exhibit Exhibit A (continued)
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| 6 | 6
motion
Dismiss for Failure to State a Claim
Fri 03/31 3:47 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michael Ciminelli, City of Rochester, ROCHESTER POLICE DEPARTMENT, Rochester City Council, Rochester Police Officer John Doe 1, Rochester Police Officer John Doe 2, Rochester Police Officer John Doe 3, Rochester Police Officer John Doe 4, Lovely Warren.(Beath, Patrick) |
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| Thursday, March 09, 2017 | ||
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utility
E-Filing Notification Affidavit Of Service Not Summons Returned
Thu 03/09 8:44 AM
E-Filing Notification: Please note for future reference that the proper event is summons returned executed. No action required5 AFFIDAVIT of Service for Summons and Complaint. (TF) |
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| Wednesday, March 08, 2017 | ||
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service
Affidavit of Service
Wed 03/08 4:05 PM
AFFIDAVIT of Service for Summons and Complaint served on Rochester City Council on February 8, 2017, filed by Alicia Pagan. (Clark, Kevin) |
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| 4 | 4
cmp
Amended Complaint
Wed 03/08 3:59 PM
AMENDED COMPLAINT of Plaintiff against All Defendants, filed by Alicia Pagan.(Clark, Kevin) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit
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service
Summons Returned Executed
Thu 03/09 8:43 AM
RE5 - SUMMONS Returned Executed by Alicia Pagan. Michael Ciminelli served on 2/8/2017, answer due 3/1/2017; City of Rochester served on 2/8/2017, answer due 3/1/2017; ROCHESTER POLICE DEPARTMENT served on 2/8/2017, answer due 3/1/2017; Rochester City Council served on 2/8/2017, answer due 3/1/2017; Lovely Warren served on 2/8/2017, answer due 3/1/2017. (TF) |
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| Tuesday, February 07, 2017 | ||
| 3 | 3
service
Summons Issued
Tue 02/07 11:26 AM
Summons Issued as to Michael Ciminelli, City of Rochester, ROCHESTER POLICE DEPARTMENT, Rochester City Council, Lovely Warren. (TF) |
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| Monday, February 06, 2017 | ||
| 2 | 2
misc
Continuation of Exhibits
Mon 02/06 3:48 PM
CONTINUATION OF EXHIBITS .(Clark, Kevin) |
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Att: 1
Exhibit Summons
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| Wednesday, February 01, 2017 | ||
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utility
E-Filing Notification
Wed 02/01 10:00 AM
E-Filing Notification:1 COMPLAINT Allcia Pagan against All Defendants. For future reference when adding parties add all parties listed on the complaint. Complaint missing attachments - Civil cover sheet and summonses. Action requited: e file attachments using Continuation of Exhibits event. (TF) |
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adr
Automatic Referral to Mediation
Wed 02/01 10:02 AM
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF) |
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notice
Notice of Availability of Magistrate Judge
Wed 02/01 10:02 AM
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. (TF) |
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| Tuesday, January 31, 2017 | ||
| 1 | 1
cmp
Complaint
Tue 01/31 2:28 PM
COMPLAINT Allcia Pagan against All Defendants $ 400 receipt number 0209-2708793, filed by Alicia Pagan.(Clark, Kevin) |
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utility
Case Assigned/Reassigned
Wed 02/01 10:02 AM
Case assigned to Hon. Charles J. Siragusa. (TF) |
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