Case details

Court: nywd
Docket #: 6:11-cv-06328
Case Name: McKnight v. City of Rochester, New York et al
PACER case #: 84770
Date filed: 2011-06-30
Assigned to: Hon. Marian W. Payson
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Miriam McKnight
Plaintiff
 
E. Robert Fussell
46 Wolcott Street
Suite One
LeRoy, NY 14482
585-768-2240
Fax: 585-768-2662
Email: gasholic@rochester.rr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
City of Rochester, New York
Defendant
TERMINATED: 03/30/2015		 
John M. Campolieto
City of Rochester
Law Department
City Hall, Room 400-A
30 Church Street
Rochester, NY 14614-1295
(585) 428-7410
Fax: 585-428-6950
Email: campolj@cityofrochester.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Spencer L. Ash
City of Rochester
Law Department
City Hall, Room 400-A
30 Church Street
Rochester, NY 14614-1295
585-428-6699
Fax: 585-428-6950
Email: ashs@cityofrochester.gov
TERMINATED: 01/24/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
G. Vasil
Defendant
 
John M. Campolieto
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
M. Nicholls
Defendant
 
John M. Campolieto
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
L. Grande
Defendant
TERMINATED: 03/30/2015		 
John M. Campolieto
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-06-30 1 0 COMPLAINT against City of Rochester, New York, L. Grande, M. Nicholls, and G. Vasil, filed by Miriam McKnight.(BK) (Entered: 07/01/2011)
2011-07-05 2 0 NOTICE of Right to Consent. (RE) (Entered: 07/05/2011)
2011-07-12 3 0 ANSWER to 1 Complaint by City of Rochester, New York. (Attachments: # 1 Certificate of Service)(Ash, Spencer) (Entered: 07/12/2011)
2011-10-25 4 0 AFFIDAVIT of Service for summons & complaint served on City of Rochester, G. Vasil, M. Nicholls, L. Grande on 6-30-2011, 9-9-2011, 9-9-2011, 9-9-2011, filed by Miriam McKnight. (Attachments: # 1 Certificate of Service Affidavits of Service (4) of Summons & Complaint)(Fussell, E.) (Entered: 10/25/2011)
2011-10-27 5 0 Amended ANSWER to 1 Complaint by City of Rochester, New York. (Attachments: # 1 Certificate of Service)(Ash, Spencer) (Entered: 10/27/2011)
2011-10-29 6 0 MOTION for Default Judgment as to L. Grande by Miriam McKnight. (Attachments: # 1 Affidavit)(Fussell, E.) (Entered: 10/29/2011)
2011-10-31 7 0 AFFIDAVIT in Opposition re 6 MOTION for Default Judgment as to L. Grande filed by City of Rochester, New York. (Attachments: # 1 Certificate of Service)(Ash, Spencer) (Entered: 10/31/2011)
2012-01-20 8 0 ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson. Signed by Hon. Michael A. Telesca on 1/20/12. (JMC) (Entered: 01/20/2012)
2012-02-03 9 0 ORDER (Scheduling Conference set for 3/1/2012 10:40 AM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 2/3/2012. (KAH) (Entered: 02/03/2012)
2012-02-24 10 0 DISCOVERY PLAN by City of Rochester, New York.(Ash, Spencer) (Entered: 02/24/2012)
2012-03-07 11 0 CONSENT to Jurisdiction by US Magistrate Judge by Miriam McKnight. Case reassigned to Magistrate Hon. Marian W. Payson. Signed by Hon. Michael A. Telesca on 3/2/2012. (BK) (Entered: 03/08/2012)
2012-03-09 12 0 SCHEDULING 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.) Status Conference set for 5/30/2012 11:20 AM before Hon. Marian W. Payson. Mandatory Disclosures due by 3/15/2012. Motions to Join Parties/Amend Pleadings due by 7/16/2012. Fact Discovery to be completed by 6/15/2012. Plaintiff Expert Witness ID due by 5/15/2012. Defendant Expert Witness ID due by 5/30/2012. Expert Discovery to be completed by 6/15/2012. Dispositive Motions due by 7/16/2012. Signed by Hon. Marian W. Payson on 3/9/2012. (KAH) (Entered: 03/09/2012)
2012-03-01 13 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Scheduling Conference held on 3/1/2012. Appearances: E. Robert Fussell, Esq. for plaintiff; Spencer L. Ash, Esq. for defendants (CAM) (Entered: 03/12/2012)
2012-05-30 14 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 5/30/2012. Appearances: E. Robert Fussell, Esq. for plaintiff; Spencer Ash, Esq. for defendants (CAM) (Entered: 06/01/2012)
2012-12-18 15 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 12/18/2012. Appearances: E. Robert Russell, Esq. for plaintiff; Spencer L. Ash, Esq. for defendants (CAM) (Entered: 12/27/2012)
2013-01-14 16 0 LETTER ORDER (Plaintiff's motion to compel shall be filed by no later than 1/28/2013). Signed by Hon. Marian W. Payson on 1/14/2013. (KAH) (Entered: 01/17/2013)
2013-01-24 17 0 LETTER ORDER (Mr. Ash is directed to advise this Court in writing by no later than 2/8/2013 regarding the status of settlement negotiations.) Signed by Hon. Marian W. Payson on 11/24/2013. (KAH) (Entered: 01/24/2013)
2013-01-25 18 0 First MOTION to Compel , MOTION for Discovery by Miriam McKnight. (Attachments: # 1 Affidavit Affirmation, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M, # 15 Exhibit Exhibit N, # 16 Exhibit Exhibit O, # 17 Exhibit Exhibit P, # 18 Exhibit Exhibit Q, # 19 Exhibit Exhibit R, # 20 Exhibit Exhibit S, # 21 Memorandum in Support Memorandum)(Fussell, E.) (Entered: 01/25/2013)
2013-01-26 19 0 CERTIFICATE OF SERVICE by Miriam McKnight re 18 First MOTION to Compel MOTION for Discovery (Fussell, E.) (Entered: 01/26/2013)
2013-01-30 20 0 ORDER re 18 First MOTION to Compel MOTION for Discovery filed by Miriam McKnight. Responses due by 2/15/2013. Replies due by 3/1/2013. Motion Hearing set for 3/7/2013 02:00 PM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 1/30/13. (CAM) (Entered: 01/31/2013)
2013-02-04 21 0 LETTER ORDER rescheduling oral argument on 18 First MOTION to Compel, MOTION for Discovery filed by Miriam McKnight. (Motion Hearing rescheduled from 3/7/3013 to 3/5/2013 at 3:30 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 2/4/2013. (KAH) (Entered: 02/04/2013)
2013-02-07 22 0 STATUS REPORT by City of Rochester, New York. (Ash, Spencer) (Entered: 02/07/2013)
2013-02-08 23 0 LETTER ORDER (A further status report shall be provided to this Court by no later than 3/15/2013.) Signed by Hon. Marian W. Payson on 2/8/2013. (KAH) (Entered: 02/08/2013)
2013-02-27 24 0 STATUS REPORT by City of Rochester, New York, L. Grande. (Ash, Spencer) (Entered: 02/27/2013)
2013-02-28 25 0 AMENDED MOTION SCHEDULING ORDER re 18 First MOTION to Compel, MOTION for Discovery filed by Miriam McKnight (Responses due by 3/11/2013. Replies due by 3/25/2013. Motion Hearing set for 5/2/2013 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 2/28/2013. (KAH) (Entered: 02/28/2013)
2013-03-07 26 0 AMENDED MOTION SCHEDULING ORDER re 18 First MOTION to Compel, MOTION for Discovery filed by Miriam McKnight. (Responses due by 4/12/2013. Replies due by 4/26/2013. Motion Hearing set for 5/2/2013 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 3/7/2013. (KAH) (Entered: 03/07/2013)
2013-04-11 27 0 RESPONSE in Opposition re 18 First MOTION to Compel MOTION for Discovery filed by City of Rochester, New York, L. Grande. (Ash, Spencer) (Entered: 04/11/2013)
2013-04-25 28 0 AFFIRMATION in support of 18 MOTION to Compel and in opposition to 24 Response, by Miriam McKnight.(Fussell, E.) Modified text on 4/26/2013 (TA). (Entered: 04/25/2013)
2013-05-03 29 0 ORDER granting in part and denying in part 18 Motion to Compel. (See Order for directives and deadlines). Signed by Hon. Marian W. Payson on 5/3/2013. (KAH) (Entered: 05/03/2013)
2013-05-02 30 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Motion Hearing held on 5/2/2013 re 18 First MOTION to Compel filed by Miriam McKnight. Motion granted in part and denied in part.Appearances: E. Robert Fussell, Esq. for plaintiff; Spencer L. Ash, Esq. for defendants(Digital Recording) (CAM) (Entered: 05/09/2013)
2013-05-10 31 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 5/2/2013, before Judge Marian W. Payson. Court Reporter/Transcriber Chrisit A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013. (BK) (Entered: 05/10/2013)
2013-05-14 32 0 REQUEST for Production of Documents by Miriam McKnight.(Fussell, E.) (Entered: 05/14/2013)
2013-05-23 33 0 RESPONSE to Discovery Request by City of Rochester, New York. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Ash, Spencer) (Entered: 05/23/2013)
2013-07-01 34 0 RESPONSE to Discovery Request by City of Rochester, New York.(Ash, Spencer) (Entered: 07/01/2013)
2013-07-02 35 0 RESPONSE to Discovery Request by City of Rochester, New York.(Ash, Spencer) (Entered: 07/02/2013)
2014-01-23 36 0 AMENDED SCHEDULING 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.) Dispositive Motions due by 2/28/2014. Signed by Hon. Marian W. Payson on 1/23/2014. (KAH) (Entered: 01/24/2014)
2014-01-24 37 0 NOTICE of Appearance by John M. Campolieto on behalf of City of Rochester, New York, L. Grande, M. Nicholls, G. Vasil (Attachments: # 1 Certificate of Service)(Campolieto, John) (Entered: 01/24/2014)
2014-01-23 38 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Conference held on 1/16/2014. Appearances: E. Robert Fussell, Esq. for plaintiff; John M. Campolieto, Esq. for defendants (CAM) Modified on 1/28/2014 (CAM). (Entered: 01/28/2014)
2014-02-28 39 0 AMENDED SCHEDULING 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.) Dispositive Motions due by 3/31/2014. Signed by Hon. Marian W. Payson on 2/28/2014. (KAH) (Entered: 02/28/2014)
2014-03-28 40 0 LETTER ORDER granting the parties 30 days to verify if all documents and information have been exchanged and extending the current dispositive motions deadline by 30 days. Signed by Hon. Marian W. Payson on 3/28/2014. (KAH) (Entered: 03/28/2014)
2014-04-29 41 0 First MOTION for Summary Judgment by Miriam McKnight. (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit)(Fussell, E.) (Entered: 04/29/2014)
41 1 Memorandum in Support
41 2 Affidavit
41 3 Exhibit
41 4 Exhibit
41 5 Exhibit
41 6 Exhibit
41 7 Exhibit
41 8 Exhibit
41 9 Exhibit
41 10 Exhibit
41 11 Exhibit
41 12 Exhibit
41 13 Exhibit
41 14 Exhibit
41 15 Exhibit
41 16 Exhibit
41 17 Exhibit
41 18 Exhibit
41 19 Exhibit
41 20 Exhibit
41 21 Exhibit
41 22 Exhibit
41 23 Exhibit
2014-05-01 42 0 MOTION SCHEDULING ORDER re 41 First MOTION for Summary Judgment filed by Miriam McKnight (Responses due by 5/16/2014. Replies due by 5/30/2014. Motion Hearing set for 6/10/2014 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 5/1/2014. (KAH) (Entered: 05/01/2014)
2014-05-22 43 0 LETTER ORDER re 41 First MOTION for Summary Judgment filed by Miriam McKnight (Having considered this request, as well as Mr. Fussell's opposition thereto, defendants' request is granted insofar as defendants' time to respond to plaintiff's motion for summary judgment is extended until 6/4/2014; replies shall be filed by 6/18/2014; oral argument shall be heard on 6/25/2014 at 2:00 p.m.) (Responses due by 6/4/2014. Replies due by 6/18/2014. Motion Hearing set for 6/25/2014 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 5/22/2014. (KAH) (Entered: 05/22/2014)
2014-05-29 44 0 LETTER ORDER Mr. Campolieto is directed to advise this Court in writing by no later than 6/2/2014 whether he has provided the above-referenced documents to Mr. Fussell. Signed by Hon. Marian W. Payson on 5/29/2014. (KAH) (Entered: 05/29/2014)
2014-06-04 45 0 RESPONSE in Opposition re 41 First MOTION for Summary Judgment filed by City of Rochester, New York, L. Grande, M. Nicholls, G. Vasil. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Certificate of Service)(Campolieto, John) (Entered: 06/04/2014)
2014-06-04 46 0 Cross MOTION for Summary Judgment by City of Rochester, New York, L. Grande, M. Nicholls, G. Vasil. (Attachments: # 1 Affidavit, # 2 Memorandum in Support, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Certificate of Service)(Campolieto, John) (Entered: 06/04/2014)
46 1 Affidavit
46 2 Memorandum in Support 2017-04-10 18:45:19 68e8d47f87fbb1453556bae46d0e3e0843565927
46 3 Exhibit A
46 4 Exhibit B
46 5 Exhibit C
46 6 Exhibit D
46 7 Exhibit E
46 8 Exhibit F
46 9 Certificate of Service
2014-06-18 47 0 REPLY/RESPONSE to re 46 Cross MOTION for Summary Judgment , 41 First MOTION for Summary Judgment , 45 Response in Opposition to Motion, filed by Miriam McKnight. (Attachments: # 1 Affidavit, # 2 Exhibit)(Fussell, E.) (Entered: 06/18/2014)
2014-06-25 48 0 DECLARATION signed by jmc re 46 Cross MOTION for Summary Judgment filed by City of Rochester, New York, L. Grande, M. Nicholls, G. Vasil . (Attachments: # 1 Certificate of Service)(Campolieto, John) (Entered: 06/25/2014)
2014-06-25 49 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Motion Hearing held on 6/25/2014 re 46 Cross MOTION for Summary Judgment filed by City of Rochester, New York, L. Grande, G. Vasil, M. Nicholls, 41 First MOTION for Summary Judgment filed by Miriam McKnight. Rule 56 statements to be filed by 7/14/14. Responses to be filed by 7/28/14. If Mr. Campolieto wishes to file a submission regarding the tape recording, he must do so by 7/28/14. Court to set next date.Appearances: E. Robert Fussell, Esq. with plaintiff; John Campolieto, Esq. and Spancer Ash, Esq. for defendants(Digital Recording) (CAM) (Entered: 06/30/2014)
2014-07-13 50 0 STATEMENT OF FACTS FOR SUMMARY JUDGMENT RULE 56.1 (a) by Miriam McKnight. (Fussell, E.) (Entered: 07/13/2014)
2014-07-25 51 0 RESPONSE to Motion re 46 Cross MOTION for Summary Judgment filed by Miriam McKnight. (Fussell, E.) (Entered: 07/25/2014)
2014-07-28 52 0 STATEMENT OF FACTS (Counter) by City of Rochester, New York, L. Grande, M. Nicholls, G. Vasil Related document: 50 Statement of Facts. (Attachments: # 1 Certificate of Service)(Campolieto, John) (Entered: 07/28/2014)
2014-07-29 53 0 CERTIFICATE OF SERVICE by Miriam McKnight re 51 Response to Motion (Fussell, E.) (Entered: 07/29/2014)
2014-08-14 54 0 LETTER ORDER denying defendant's request that the Court disregard Docket # 51 filed by plaintiff. Signed by Hon. Marian W. Payson on 8/14/2014. (KAH) (Entered: 08/15/2014)
2014-10-03 55 0 LETTER ORDER granting request to adjourn oral argument re 46 Cross MOTION for Summary Judgment & 41 First MOTION for Summary Judgment (Oral Argument adjourned to 12/3/2014 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 10/3/2014. (KAH) (Entered: 10/03/2014)
2014-12-12 56 0 ORDER Defendants' motion for summary judgment 46 is granted in part, denied in part and reserved in part and McKnight's motion for summary judgment 41 is denied in part and reserved in part. The Clerk of the Court is directed to enter judgment in favor of Laura Grande. Signed by Hon. Marian W. Payson on 12/12/2014. (KAH) -CLERK TO FOLLOW UP- (Entered: 12/15/2014) 2017-04-10 20:21:33 473e5fe390bd7983d68ae6ca1da5749189ff225b
2014-12-11 57 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Motion Hearing held on 12/11/2014 re 46 Cross MOTION for Summary Judgment filed by City of Rochester, New York, L. Grande, G. Vasil, M. Nicholls, 41 First MOTION for Summary Judgment filed by Miriam McKnight. Defendants motion for summary judgment (#46) is granted in part, denied in part and reserved in part. Plaintiffs motion for summary judgment (#41) is denied in part and reserved in part. The claims against defendant, Laura Grande, are dismissed.Appearances: E. Robert Fussell, Esq. and Miriam McKnight; John M. Campoileto, Esq. for defendants(Digital Recording) (CAM) (Entered: 12/15/2014)
2015-03-30 58 0 DECISION & ORDER McKnight's motion seeking judgment in her favor on her claim against the City for negligent hiring, training and supervision 41 is denied, the City's cross-motion for summary judgment dismissing McKnight's claim for negligent hiring, training and supervision 46 is granted, and the claim is dismissed with prejudice. A pretrial conference will be held before the Hon. Marian W. Payson on 4/24/2015 at 2:00 PM. Signed by Hon. Marian W. Payson on 3/30/2015. (KAH) (Entered: 03/30/2015)
2015-04-24 59 0 ORDER (Defendants to advise Court in writing whether they will be moving to request a jury trial, and if so, propose a date by which such motion will be filed due by 5/1/2015. Pretrial Conference set for 12/2/2015 at 2:00 PM before Hon. Marian W. Payson. Trial set for 1/11/2016 before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 4/24/2015. (KAH) (Entered: 04/24/2015)
2015-04-24 60 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Trial Date Status Conference held on 4/24/2015. Appearances: E. Robert Fussell, Esq. and John M. Campolieto, Esq. (CAM) (Entered: 04/30/2015)
2015-05-06 61 0 PRETRIAL ORDER (Pretrial Conference set for 12/2/2015 at 2:00 PM before Hon. Marian W. Payson. Bench Trial set for 1/11/2016 at 9:00 AM before Hon. Marian W. Payson. See Order for further directives.) Signed by Hon. Marian W. Payson on 5/6/2015. (KAH) Modified on 5/8/2015 (KAH). (Entered: 05/07/2015)
2015-08-20 62 0 LETTER ORDER (Should the plaintiff wish to introduce expert testimony as outlined in this letter, plaintiff's counsel must file a formal motion seeking permission to do so in view of the Court's Order of 3/9/2012, which set 5/5/2012 as the deadline to disclose experts and their reports.) Signed by Hon. Marian W. Payson on 8/20/2015. (KAH) (Entered: 08/20/2015)
2015-09-28 63 0 MOTION for Extension of Time to Complete Discovery by Miriam McKnight. (Attachments: # 1 Affidavit Affirmation in Support of Motion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Memorandum in Support)(Fussell, E.) (Entered: 09/28/2015)
2015-10-06 64 0 ORDER re 63 MOTION for Extension of Time to Complete Discovery filed by Miriam McKnight. Responses due by 10/23/2015. Replies due by 11/6/2015. Motion Hearing set for 11/19/2015 03:30 PM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 10/6/15. (CAM) (Entered: 10/06/2015)
2015-10-26 65 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/11/2014, before Judge Marian W. Payson. Court Reporter/Transcriber Karen Bush, Telephone number (585) 613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2015. Redacted Transcript Deadline set for 11/27/2015. Release of Transcript Restriction set for 1/25/2016. (BK) (Entered: 10/26/2015)
2015-11-16 66 0 DECISION & ORDER McKnight's motion to extend her expert discovery deadline 63 is granted. McKnight's deadline to serve expert disclosures is hereby extended nunc pro tunc to 8/21/2015. The oral argument scheduled for 11/19/2015 is cancelled. Signed by Hon. Marian W. Payson on 11/16/2015. (KAH) (Entered: 11/16/2015)
2015-12-02 67 0 ORDER Defendant to provide exhibit and witness lists to plaintiff by 12/15/2015. Parties' motions in limine due by 12/15/2015. Pretrial Conference set for 12/21/2015 at 2:00 PM before Hon. Marian W. Payson. Unless excused by the Court, the attorney who will try the case must be present at the pretrial conference. The parties are directed to confer regarding the proposed exhibits and witnesses and be prepared to discuss any outstanding disputes with the Court during the pretrial conference. The parties are also directed to review this Court's Pretrial Order 61 and be prepared to exchange at the conference any of the other materials listed in Part II of that Order. The case will proceed to trial on 1/11/2016 at 9:00 AM. Signed by Hon. Marian W. Payson on 12/2/2015. (KAH) (Entered: 12/02/2015)
2015-12-02 68 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Pretrial Conference held on 12/2/2015. Appearances: E. Robert Russell, Esq. and John M. Campolieto, Esq. (CAM) (Entered: 12/03/2015)
2015-12-15 69 0 Proposed Voir Dire by City of Rochester, New York, L. Grande, M. Nicholls, G. Vasil. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Certificate of Service)(Campolieto, John) (Entered: 12/15/2015)
2015-12-15 70 0 First MOTION in Limine by City of Rochester, New York, L. Grande, M. Nicholls, G. Vasil. (Attachments: # 1 Affidavit, # 2 Certificate of Service)(Campolieto, John) (Entered: 12/15/2015)
2015-12-21 71 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Pretrial Conference held on 12/21/2015. Appearances: E. Robert Fussell, Esq. and John M. Campolieto, Esq. (CAM) (Entered: 12/22/2015)
2016-01-11 72 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Bench Trial begun on 1/11/2016. Matter adjourned to 1/12/16 @ 9:30 a.m. for continuation.Appearances: E. Robert Fussell, Esq. With Miriam McKnight; John M. Campolieto, Esq. And Gregory Salmon, Esq. with defendants, Gregory Vasile and Michael Nichols, Anthony DiMartino, Court Reporter, Computer Reporting Service (CAM) (Entered: 01/15/2016)
2016-01-12 73 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Bench Trial held on 1/12/2016. Matter adjourned to 1/13/16 @ 9;30 a.m. for continuation.Appearances: E. Robert Fussell, Esq. with plaintiff; John Campolieto, Esq. and Gregory Salmon, Esq. with defendants, Michael Nicholls and Gregory Vasile; Anthony DiMartino, Court Reporter, Computer Reporting Service (CAM) (Entered: 01/15/2016)
2016-01-13 74 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Continuation of Bench Trial held on 1/13/2016. Matter adjourned to 2/25/15 @ 9:30 a.m. for continuation.Appearances: E. Robert Fussell, Esq. with plaintiff; John Campolieto, Esq. with defendants Gregory L. Vasile and Michael Nicholls; Anthony DiMartino, Court Reporter (CAM) (Entered: 01/19/2016)
2016-01-21 75 0 ORDER directing (1) Campolieto's written response to argument in Fussell's 1/20/2016 letter re: McFadden's 7/21/2010 letter should be admitted as an admission of the City of Rochester due by 2/5/2016; (2) Campolieto to promptly contact Fussell re: arrangements to obtain copy of recording on microchip entered into evidence should Campolieto wish to obtain a copy. If counsel are unable to agree, counsel are directed to notify Court by 2/5/2016 to request assistance in resolving any disputes about the protocol for copying the recording; (3) Mr. Williams's testimony to commence on 2/26/2016 at 9:30 a.m., after which Dr. Ewing shall testify by video conference; (4) By no later than 2/5/2016, Campolieto shall respond in writing to Fussell's request that (a) the race of plaintiff and the testifying officers (Vasile, Nicholls and Grande) be noted on the record and (b) Exhibit 21 be admitted into evidence. Signed by Hon. Marian W. Payson on 1/21/2016. (KAH) (Entered: 01/21/2016)
2016-02-03 76 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/11/2016, before Judge Marian W. Payson. Court Reporter/Transcriber Anthony DiMartino, Telephone number 585-325-3170. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/24/2016. Redacted Transcript Deadline set for 3/7/2016. Release of Transcript Restriction set for 5/3/2016. (BK) (Entered: 02/03/2016)
2016-02-03 77 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/12/2016, before Judge Marian W. Payson. Court Reporter/Transcriber Anthony DiMartino, Telephone number 585-325-3170. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/24/2016. Redacted Transcript Deadline set for 3/7/2016. Release of Transcript Restriction set for 5/3/2016. (BK) (Entered: 02/03/2016)
2016-02-03 78 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/13/2016, before Judge Marian W. Payson. Court Reporter/Transcriber Anthony DiMartino, Telephone number 585-325-3170. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/24/2016. Redacted Transcript Deadline set for 3/7/2016. Release of Transcript Restriction set for 5/3/2016. (BK) (Entered: 02/03/2016)
2016-03-02 79 0 LETTER ORDER (Request granted. The parties' post-hearing submissions shall be filed by no later than 5/2/2016. The submissions shall contain proposed findings of fact and conclusions of law. They shall be filed electronically on CM-ECF.) Signed by Hon. Marian W. Payson on 3/2/2016. (KAH) (Entered: 03/02/2016)
2016-02-26 80 0 Minute Entry for proceedings held before Hon. Marian W. Payson: Bench Trial completed on 2/26/2016. Defendants withdraw Lt. Grande from the witness list. Mr. Campolieto to send a letter re: portions of Lt. Grande's testimony. Mr. Fussell to respond by letter. The Court declines to admit the letter from Adam McFadden. Counsel to submit letter regarding the deadlines for post-trial submissions.Appearances: E. Robert Fussell, Esq. with plaintiff; John Campolieto, Esq. for defendants; Danielle Shaheen, Court Reporter (Computer Reporting Service) (CAM) Modified on 3/3/2016 (CAM). (Entered: 03/02/2016)
2016-03-09 81 0 LETTER/ORDER granting Mr. Campolieto's request to make pages 20 through 53 of Lt. Grande's deposition testimony part of the record. Signed by Hon. Marian W. Payson on 3/9/16. (CAM) (Entered: 03/10/2016)
2016-03-17 82 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/26/2016, before Judge Marian W. Payson. Court Reporter/Transcriber Computer Reporting Service, Telephone number 585-325-3170. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2016. Redacted Transcript Deadline set for 4/18/2016. Release of Transcript Restriction set for 6/15/2016. (BK) (Entered: 03/17/2016) 2017-04-08 19:19:07 8798cdbd167bfd49ab8208637c644ace7c46f182
2016-05-02 83 0 Proposed Findings of Fact by Miriam McKnight. (Fussell, E.) (Entered: 05/02/2016)
2016-05-03 84 0 Proposed Findings of Fact by City of Rochester, New York, M. Nicholls, G. Vasil. (Attachments: # 1 Certificate of Service)(Campolieto, John) (Entered: 05/03/2016)
2016-05-03 85 0 TRIAL BRIEF by City of Rochester, New York, M. Nicholls, G. Vasil. (Attachments: # 1 Certificate of Service)(Campolieto, John) (Entered: 05/03/2016)
2016-07-01 86 0 ORDER denying as moot 70 Motion in Limine.. Signed by Hon. Marian W. Payson on 7/1/16. (CAM) (Entered: 07/01/2016)
2017-03-30 87 0 DECISION AND ORDER For the reasons stated within the Decision & Order, judgment shall be awarded in favor of McKnight on her claims against Vasile for false arrest, false imprisonment, and battery. Judgment shall be awarded in favor of defendants on all other counts. The Clerk of the Court is hereby directed to enter judgment accordingly. Plaintiff shall file her memorandum of law on the question of damages by no later than 4/24/2017; defendant Vasile shall file his by no later than 5/8/2017. Signed by Hon. Marian W. Payson on 3/30/2017. (KAH) -CLERK TO FOLLOW UP- (Entered: 03/30/2017) 2017-04-08 20:08:00 04e45f1e333a83f93a4373cc4e25be05bfef85ff
2017-03-30 88 0 JUDGMENT signed by Mary C. Loewenguth, Clerk of Court on 3/30/2017. (BK) (Entered: 03/30/2017)
2017-04-04 89 0 ORDER granting plaintiff's request for an extension of time to submit plaintiff's memorandum of law on the question of damages. (Plaintiff's memorandum of law on the question of damages shall be filed by no later than 5/15/2017; defendant Vasile shall file his by no later than 5/30/2017. Signed by Hon. Marian W. Payson on 4/4/2017. (KAH) (Entered: 04/04/2017)