Colon et al v. City of Rochester et al

New York Western District Court
Judge:	David G Larimer
Case #:	6:17-cv-06160
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:

Mar 16, 2017

Docket
Parties (9)

Last checked: Tuesday Sep 12, 2017 5:10 AM EDT

Defendant Police Officer William Baker
Defendant City of Rochester	Represented By Spencer L. Ash City Of Rochester contact info
Defendant Police Officer Braddon Elliott
Defendant Police Officer Orlando Hernandez
Defendant Police Officer Jason P. Kelly
Defendant Sergeant Mandi E. Wheeler
Defendant Police Officers "John Does 1-10"
Plaintiff Lawrence Barrett	Represented By Elliot Dolby-Shields contact info
Plaintiff Shelise Colon	Represented By Elliot Dolby-Shields contact info

Docket last updated: 11/22/2024 11:59 PM EST

Wednesday, May 19, 2021
31		31 misc Stipulation Wed 05/19 11:30 AM STIPULATION of Discontinuance by William Baker, City of Rochester, Braddon Elliott, Orlando Hernandez, Jason P. Kelly, Police Officers "John Does 1-10", Mandi E. Wheeler. (Ash, Spencer) Related: [-]
Friday, May 07, 2021
30		30 1 pgs order Order to Show Cause Fri 05/07 12:02 PM ORDER TO SHOW CAUSE Show Cause Response due by 5/28/2021. Signed by Hon. David G. Larimer on 5/7/2021. (KAH) Related: [-]
Friday, December 06, 2019
29		29 36 pgs order Order on Motion to Dismiss for Failure to State a Claim Fri 12/06 10:42 AM DECISION AND ORDER Defendants' motion to dismiss the complaint4 is granted in part and denied in part. Defendants' motion is granted as to plaintiffs' first, twelfth, and sixteenth claims, and those claims are dismissed. Defendants' motion is granted in part as to plaintiffs' seventeenth cause of action. That claim is dismissed as to the City of Rochester. In all other respects, defendants' motion is denied. Signed by Hon. David G. Larimer on 12/6/2019. (KAH) Related: [-]
Friday, June 14, 2019
28		28 order Order on Motion for Discovery Fri 06/14 1:35 PM TEXT ORDER denying27 Motion for Discovery. Plaintiffs motion to conduct discovery in spite of the fact that defendants have moved to dismiss the Complaint is denied. The Court will attend to the pending motion to dismiss so the parties can focus more efficiently focus discovery on what, if any, claims remain. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 6/14/19. (PR) Related: [-]
Friday, June 07, 2019
27		27 motion Discovery Fri 06/07 11:05 AM First MOTION for Discovery request to proceed with discovery on claims defendants did not move to dismiss by Lawrence Barrett, Shelise Colon.(Shields, Elliot) Related: [-]
		utility E-Filing Notification Fri 06/07 10:16 AM E-Filing Notification:26 Letter - This document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (TF) Related: [-]
Thursday, June 06, 2019
26		26 misc Letter Thu 06/06 11:42 PM Letter filed by Lawrence Barrett, Shelise Colon as to Orlando Hernandez, City of Rochester, Braddon Elliott, Mandi E. Wheeler, William Baker, Police Officers "John Does 1-10", Jason P. Kelly request to proceed with discovery on claims defendants did not move to dismiss . (Shields, Elliot) Related: [-]
Wednesday, May 09, 2018
25		25 2 pgs order Order on Motion for Default Judgment Wed 05/09 2:18 PM ORDER denying23 request that the letter be treated as a motion for default judgment. Signed by Hon. David G. Larimer on 5/9/2018. (KAH) Related: [-]
Tuesday, May 08, 2018
24		24 respm Response in Opposition to Motion Tue 05/08 1:34 PM RESPONSE in Opposition re4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,23 First MOTION for Default Judgment as to All Defendants and to correct Docket pursuant to Rule 60(a); or alternatively to deny defendants premature partial Rule 12 motion to dismiss because it was filed before defendants were served filed by William Baker, City of Rochester, Braddon Elliott, Orlando Hernandez, Jason P. Kelly, Police Officers "John Does 1-10". (Ash, Spencer) Related: [-]
Wednesday, May 02, 2018
23		23 motion Default Judgment Wed 05/02 12:48 PM First MOTION for Default Judgment as to All Defendants and to correct Docket pursuant to Rule 60(a); or alternatively to deny defendants premature partial Rule 12 motion to dismiss because it was filed before defendants were served by Lawrence Barrett, Shelise Colon.(Shields, Elliot) Related: [-]
		Att: 1 Exhibit Exhibit A, April 11, 2017 email to defense counsel Spencer Ash informing him his motion was premature.,
		Att: 2 Exhibit Exhibit B, April 6, 2018 decision of Judge Telesca in Keene v. City, et al. 17-cv-6708 (MAT), which denied defendants motion to dismiss the plaintiffs two Monell claims, which are very similar to the Monell claims pleaded in the Complaint in this matter.
Tuesday, April 24, 2018
22		22 order Clerk's Entry of Default Tue 04/24 9:51 AM Clerk's ENTRY OF DEFAULT as to William Baker, City of Rochester, Braddon Elliott, Orlando Hernandez, Jason P. Kelly, Mandi E. Wheeler (TF) Related: [-]
		utility E-Filing Notification Tue 04/24 10:59 AM E-Filing Notification:4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Rochester, for future reference all applicable parties must be chosen. AND disregard22 Clerk's ENTRY OF DEFAULT, filed in error. (TF) Related: [-]
Monday, April 23, 2018
21		21 misc Continuation of Exhibits Mon 04/23 5:57 PM CONTINUATION OF EXHIBITS to20 Request for Clerk's Entry of Default, Proposed Entry of Judgment . (Shields, Elliot) Related: [-]
20		20 misc Request for Clerk's Entry of Default Mon 04/23 5:32 PM REQUEST for Clerk's Entry of Default by Lawrence Barrett, Shelise Colon against All Defendants.(Shields, Elliot) Related: [-]
		Att: 1 Declaration Declaration in Support of Request for Entry of Default,
		Att: 2 Exhibit Exhibit A to Declaration,
		Att: 3 Certificate of Service Certificate of Service
Wednesday, June 14, 2017
		service Summons Returned Executed Wed 06/14 12:02 PM RE #14-#19 - SUMMONS Returned Executed by Lawrence Barrett. William Baker served on 6/12/2017, answer due 7/3/2017; City of Rochester served on 6/12/2017, answer due 7/3/2017; Braddon Elliott served on 6/12/2017, answer due 7/3/2017; Orlando Hernandez served on 6/12/2017, answer due 7/3/2017; Jason P. Kelly served on 6/12/2017, answer due 7/3/2017. (TF) Related: [-]
		utility E-Filing Notification Affidavit Of Service Not Summons Returned Wed 06/14 12:06 PM E-Filing Notification: Please note for future reference that the proper event is summons returned executed. No action required RE14 AFFIDAVIT of Service,19 AFFIDAVIT of Service,16 AFFIDAVIT of Service,17 AFFIDAVIT of Service,18 AFFIDAVIT of Service,15 AFFIDAVIT of Service (TF) Related: [-]
Tuesday, June 13, 2017
19		19 service Affidavit of Service Tue 06/13 2:55 PM AFFIDAVIT of Service for Summons and Complaint served on Sergeant Mandi E. Wheeler on June 12, 2017, filed by Lawrence Barrett, Shelise Colon. (Dolby-Shields, Elliot) Related: [-]
18		18 service Affidavit of Service Tue 06/13 2:53 PM AFFIDAVIT of Service for Summons and Complaint served on Police Officer Jason P. Kelly on June 12, 2017, filed by Lawrence Barrett, Shelise Colon. (Dolby-Shields, Elliot) Related: [-]
17		17 service Affidavit of Service Tue 06/13 2:51 PM AFFIDAVIT of Service for Summons and Complaint served on Police Officer Orlando Hernandez on June 12, 2017, filed by Lawrence Barrett, Shelise Colon. (Dolby-Shields, Elliot) Related: [-]
16		16 service Affidavit of Service Tue 06/13 2:50 PM AFFIDAVIT of Service for Summons and Complaint served on Police Officer Braddon Elliott on June 12, 2017, filed by Lawrence Barrett, Shelise Colon. (Dolby-Shields, Elliot) Related: [-]
15		15 service Affidavit of Service Tue 06/13 2:48 PM AFFIDAVIT of Service for Summons and Complaint served on Police Officer William Baker on June 12, 2017, filed by Lawrence Barrett, Shelise Colon. (Dolby-Shields, Elliot) Related: [-]
14		14 service Affidavit of Service Tue 06/13 2:47 PM AFFIDAVIT of Service for Summons and Complaint served on City of Rochester on June 12, 2017, filed by Lawrence Barrett, Shelise Colon. (Dolby-Shields, Elliot) Related: [-]
Monday, May 22, 2017
13		13 respm Reply to Response to Motion Mon 05/22 4:17 PM REPLY to Response to Motion re4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Rochester, Braddon Elliott, Orlando Hernandez, Jason P. Kelly, Police Officers "John Does 1-10", Mandi E. Wheeler. (Ash, Spencer) Related: [-]
12		12 misc Declaration Mon 05/22 9:25 AM DECLARATION signed by Elliot Dolby Shields re4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lawrence Barrett, Shelise Colon in Opposition to Partial Motion to Dismiss filed by Lawrence Barrett, Shelise Colon.(Dolby-Shields, Elliot) Related: [-]
		Att: 1 Memorandum in Support Memorandum in Opposition to Putative Partial Motion to Dismiss,
		Att: 2 Exhibit,
		Att: 3 Exhibit,
		Att: 4 Exhibit,
		Att: 5 Exhibit,
		Att: 6 Exhibit,
		Att: 7 Exhibit,
		Att: 8 Exhibit,
		Att: 9 Exhibit
Friday, April 21, 2017
11		11 order Text Order ~Util - Set/Reset Motion and R&R Deadlines/Hearings Fri 04/21 3:20 PM TEXT ORDER re4 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Rochester. Responses due by 5/22/2017. Reply papers by the moving party must be filed no later than eight (8) business days following the filing of responding papers. When all papers have been submitted, the Court will review them to determine if argument is necessary and if so, the parties will receive notice of the argument date. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 4/21/17. (PR) Related: [-]
Tuesday, April 18, 2017
10		10 service Affidavit of Service Tue 04/18 7:43 PM AFFIDAVIT of Service for Summons and Complaint by mail served on PO Kelly on April 18, 2017, filed by Lawrence Barrett, Shelise Colon. (Dolby-Shields, Elliot) Related: [-]
9		9 service Affidavit of Service Tue 04/18 7:42 PM AFFIDAVIT of Service for Summons and Complaint by mail served on PO Hernandez on April 18, 2017, filed by Lawrence Barrett, Shelise Colon. (Dolby-Shields, Elliot) Related: [-]
8		8 service Affidavit of Service Tue 04/18 7:40 PM AFFIDAVIT of Service for Summons and Complaint by mail served on PO Elliott on April 18, 2017, filed by Lawrence Barrett, Shelise Colon. (Dolby-Shields, Elliot) Related: [-]
7		7 service Affidavit of Service Tue 04/18 7:39 PM AFFIDAVIT of Service for Summons and Complaint by mail served on Sgt. Wheeler on April 18, 2017, filed by Lawrence Barrett, Shelise Colon. (Dolby-Shields, Elliot) Related: [-]
6		6 service Affidavit of Service Tue 04/18 7:37 PM AFFIDAVIT of Service for Summons and Complaint by mail served on PO Baker on April 18, 2017, filed by Lawrence Barrett, Shelise Colon. (Dolby-Shields, Elliot) Related: [-]
5		5 service Affidavit of Service Tue 04/18 7:36 PM AFFIDAVIT of Service for Affidavit of Service of acknowledgment of waiver of service by City served on City of Rochester on April 11, 2017, filed by Lawrence Barrett, Shelise Colon. (Dolby-Shields, Elliot) Related: [-]
Friday, April 07, 2017
4		4 motion Dismiss for Failure to State a Claim Fri 04/07 4:42 PM First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Rochester.(Ash, Spencer) Related: [-]
		Att: 1 Affidavit,
		Att: 2 Exhibit a,
		Att: 3 Exhibit b,
		Att: 4 Exhibit c,
		Att: 5 Exhibit d,
		Att: 6 Memorandum in Support
Tuesday, March 21, 2017
3		3 service Summons Issued Tue 03/21 1:33 PM Summons Issued as to William Baker, City of Rochester, Braddon Elliott, Orlando Hernandez, Jason P. Kelly, Mandi E. Wheeler. (TF) Related: [-]
Monday, March 20, 2017
2		2 misc Continuation of Exhibits Mon 03/20 3:34 PM CONTINUATION OF EXHIBITS to1 Complaint Civil Cover Sheet and Summonses to be issued .(Dolby-Shields, Elliot) Related: [-]
		Att: 1 Exhibit Summonses - Request to be issued
Friday, March 17, 2017
		utility E-Filing Notification Fri 03/17 10:58 AM E-Filing Notification: Modified docket to include party text as to defendants listed in the1 COMPLAINT (TF) Related: [-]
		notice Notice of Availability of Magistrate Judge Fri 03/17 12:23 PM 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) Related: [-]
		adr Automatic Referral to Mediation Fri 03/17 12:24 PM AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF) Related: [-]
		utility E-Filing Notification Fri 03/17 12:26 PM E-Filing Notification:1 COMPLAINT missing attachments, civil cover sheet and summonses. Action required: E-file civil cover sheet and summonses using event Continuation of Exhibits. Forms: JS044 civil cover sheet and AO440 summons in a civil action can be found on http://www.nywd.uscourts.gov/forms. (TF) Related: [-]
Thursday, March 16, 2017
1		1 cmp Complaint Thu 03/16 8:18 AM COMPLAINT against All Defendants $ 400 receipt number 0209-2741066, filed by Lawrence Barrett, Shelise Colon.(Dolby-Shields, Elliot) Related: [-]
		utility Case Assigned/Reassigned Fri 03/17 12:20 PM Case assigned to Hon. David G. Larimer. Notification to Chambers of on-line civil opening. (TF) Related: [-]

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