Fitzgerald v. The City of Rochester et al

Docket(#10) TEXT ORDER: On April 5, 2022, City Defendants filed a partial motion to dismiss. ECF No. #7 . Plaintiff objects to that filing, arguing that it is untimely because Plaintiffs never consented to an extension of time for City Defendants to file a motion. ECF No. #8 . City Defendants respond that they understood the motion to be timely based on extensions previously granted by Plaintiffs' counsel, ECF No. #9 , the exact contours of which Plaintiffs dispute. The Court has reviewed the parties' submissions and accepts City Defendants' partial motion to dismiss for filing as timely. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 4/6/2022. (BJJ) (Entered: 04/06/2022)

Docket(#9) Letter filed by Paul Romano, The City of Rochester as to John Doe Police Officers 1-200, Todd Baxter, Paul Romano, Richard Roe Sheriff's Deputies 1-200, The City of Rochester, County of Monroe . (Ash, Spencer) (Entered: 04/05/2022)

Docket(#8) Letter filed by Edward Fitzgerald as to John Doe Police Officers 1-200, Todd Baxter, Paul Romano, Richard Roe Sheriff's Deputies 1-200, The City of Rochester, County of Monroe Requesting the Court disregard the City's late motion that was filed without permission, and instead accept the City's answer and order the case to proceed to discovery. (Shields, Elliot) (Entered: 04/05/2022)

Docket(#7) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John Doe Police Officers 1-200, Paul Romano, The City of Rochester. (Attachments: #1 Declaration, #2 Exhibit A, #3 Memorandum in Support, #4 Supplement Answer)(Ash, Spencer) (Entered: 04/05/2022)

Docket(#6) TEXT ORDER re: #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Todd Baxter, County of Monroe, Richard Roe Sheriff's Deputies 1-200. Non-moving parties may file responses by 5/4/2022. County defendants may file their reply by 5/18/2022. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 4/4/2022. (MFM) (Entered: 04/04/2022)

Docket(#5) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Todd Baxter, County of Monroe, Richard Roe Sheriff's Deputies 1-200. (Attachments: #1 Declaration, #2 Exhibit, #3 Memorandum in Support)(Rodi, Maria) (Entered: 03/31/2022)

Docket(#4) TEXT ORDER granting #3 Motion for Extension of Time to Answer. County Defendants' answer due 3/31/2022. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/14/22. (BJJ) (Entered: 02/14/2022)

DocketAUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (LMD) (Entered: 02/10/2022)

DocketNotice 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. (LMD) (Entered: 02/10/2022)

DocketNotification to chambers of online case opening. Case assigned to Hon. Frank P. Geraci, Jr. (LMD) (Entered: 02/10/2022)

DocketFiling fee received from City of Rochester: $ 402.00, receipt number ROC013290 (LMD) (Entered: 02/10/2022)

DocketNo fee received with case opening. Attorney contacted and advised they have 24 hours to resolve matter. (TMK) (Entered: 02/10/2022)

Docket(#3) MOTION for Extension of Time to File Answer on Consent by Todd Baxter, County of Monroe, Richard Roe Sheriff's Deputies 1-200.(Rodi, Maria) (Entered: 02/09/2022)

Docket(#2) NOTICE of Appearance by Adam M. Clark on behalf of Todd Baxter, County of Monroe, Richard Roe Sheriff's Deputies 1-200 (Clark, Adam) (Entered: 02/09/2022)

Docket(#1) NOTICE OF REMOVAL by The City of Rochester, John Doe Police Officers 1-200, Paul Romano from Supreme Court Monroe County, case number E2021008255. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit, #4 Supplement Letter re Removal, #5 Certificate of Service, #6 Stipulation)(Ash, Spencer) Modified on 2/10/2022 (LMD). (Entered: 02/09/2022)