Case Details

CourtWestern District of New York - Bankruptcy
Docket number6:09-cv-06649
Date case filed2009-12-17
Date case closed2014-12-17
Date of latest filing
Assigned toHon. Charles J. Siragusa
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Winifred Brooks
Party type: Plaintiff
Attorney name: Winifred Brooks
Attorney Contact:
308 Chatham Gardens
Apartment C
Rochester, NY 14605
PRO SE


Attorney name: Gary Muldoon
Attorney Contact:
Muldoon and Getz
144 Exchange Boulevard
Suite 402
Rochester, NY 14614-2108
(585) 262-5130
Fax: 585-262-3474
Email: [email protected]
TERMINATED: 08/13/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Melvin Bressler
Attorney Contact:
Bressler & Kunze
16 West Main Street
Suite 310
Rochester, NY 14614
585-586-5993
Fax: 585-586-0717
Email: [email protected]
TERMINATED: 02/05/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Rachel Brooks
Party type: Plaintiff
Attorney name: Rachel Brooks
Attorney Contact:
308 Chatham Gardens
Apartment C
Rochester, NY 14605
PRO SE


Attorney name: Gary Muldoon
Attorney Contact:
(See above for address)
TERMINATED: 08/13/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Melvin Bressler
Attorney Contact:
(See above for address)
TERMINATED: 02/05/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Jaavaid Brooks
Party type: Plaintiff
individually and as parent and natural guardian of Jayeeir Brooks, infant
Attorney name: Jaavaid Brooks
Attorney Contact:
308 Chatham Gardens
Apartment C
Rochester, NY 14605
PRO SE


Attorney name: Gary Muldoon
Attorney Contact:
(See above for address)
TERMINATED: 08/13/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Melvin Bressler
Attorney Contact:
(See above for address)
TERMINATED: 02/05/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: City of Rochester
Party type: Defendant
New York
Attorney name: Spencer L. Ash
Attorney Contact:
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: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michele Romance Crain
Attorney Contact:
Monroe County Department of Law
39 West Main Street
Room 307
Rochester, NY 14614
585.753.1433
Fax: 585.324.1393
Email: [email protected]
TERMINATED: 03/08/2011
Party: David Moore
Party type: Defendant
Chief, Rochester Police Department
Attorney name: Spencer L. Ash
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michele Romance Crain
Attorney Contact:
(See above for address)
TERMINATED: 03/08/2011
Party: John Does
Party type: Defendant
one through five
Attorney name: Spencer L. Ash
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michele Romance Crain
Attorney Contact:
(See above for address)
TERMINATED: 03/08/2011
Party: Mary Doe
Party type: Defendant
each being a fictitious name of unknown officers of the Rochester Police Department
Attorney name: Spencer L. Ash
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Michele Romance Crain
Attorney Contact:
(See above for address)
TERMINATED: 03/08/2011

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12009-12-17 COMPLAINT against all defendants ( Filing fee $350.00 receipt number ROC003611), filed by Winifred Brooks, Rachel Brooks and Jaavaid Brooks.(RE) (Entered: 12/22/2009)
22010-02-24 ACKNOWLEDGMENT OF SERVICE Executed as to 1 Complaint and Summons Issued. (RE) (Entered: 03/03/2010)
32010-03-15 ANSWER to 1 Complaint by City of Rochester, David Moore, John Does, Mary Doe.(Crain, Michele) (Entered: 03/15/2010)
42010-03-23 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson. 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 3/23/10. (KJA) (Entered: 03/23/2010)
52010-04-09 ORDER (Scheduling Conference set for 5/19/2010 10:40 AM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 4/9/2010. (KAH) (Entered: 04/12/2010)
62010-05-19 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 1/5/2011 11:20 AM before Hon. Marian W. Payson. Mandatory Disclosures due by 6/30/2010. Motions to Join Parties/Amend Pleadings due by 7/30/2010. Fact Discovery to be completed by 1/31/2011. Plaintiff Expert Witness ID due by 10/29/2010. Defendant Expert Witness ID due by 11/30/2010. Expert Discovery to be completed by 1/3/2011. Dispositive Motions due by 3/31/2011. Signed by Hon. Marian W. Payson on 5/19/2010. (KAH) (Entered: 05/19/2010)
72010-05-19 Minute Entry for proceedings held before Hon. Marian W. Payson: Scheduling Conference held on 5/19/2010. Appearances: Melvin Bressler, Esq. for plaintiff; Michele R. Crain, Esq. for defendant (CAM) (Entered: 05/24/2010)
82010-11-03 MOTION to Withdraw as Attorney by Plaintiffs attorney, Melvin Bressler by plaintiffs.(Bressler, Melvin) Modified text on 11/3/2010 (TO). (Entered: 11/03/2010)
92010-11-10 CERTIFICATE OF SERVICE by Jaavaid Brooks, Winifred Brooks (Bressler, Melvin) (Entered: 11/10/2010)
102010-11-12 MOTION SCHEDULING ORDER re 8 MOTION to Withdraw as Attorney by Plaintiff attorney, Melvin Bressler filed by City of Rochester. (Responses due by 12/13/2010. Motion Hearing set for 1/12/2011 at 2:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 11/12/2010. Copies of Order sent by First Class Mail to Winifred Brooks, 308 Chatham Gardens, Apartment C, Rochester, NY 14605 and Jaavaid Brooks, 308 Chatham Gardens, Apartment C, Rochester, NY 14605. (KAH) (Entered: 11/12/2010)
112011-01-12 Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 1/12/2011 re: motion by Melvin Bressler to withdraw as plaintiffs counsel (#8). The Court advises the parties it will not rule on the application at this time. The parties are directed to have a meeting to attempt to resolve the matter. Mr. Bressler to submit a letter advising the Court of the status. Appearances: Melvin Bressler, Esq., by telephone; Winifred Brooks, pro se; Jaavaid Brooks, pro se(Digital Recording) (CAM) (Entered: 01/21/2011)
122011-01-27 MOTION SCHEDULING ORDER re 8 MOTION to Withdraw as Attorney by Plaintiff attorney, Melvin Bressler filed by Melvin Bressler. (Telephonic Oral Argument set for 3/2/2011 at 3:00 PM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 1/27/2011. Copies of Order sent by First Class Mail to Winifred Brooks, 308 Chatham Gardens, Apartment C, Rochester, NY 14605 and Jaavaid Brooks, 308 Chatham Gardens, Apartment C, Rochester, NY 14605. (KAH) (Entered: 01/28/2011)
132011-03-02 Minute Entry for proceedings held before Hon. Marian W. Payson: Telephonic Motion Hearing held on 3/2/2011 re 8 MOTION to Withdraw as Attorney by Plaintiff attorney, Melvin Bressler. Appearances: Melvin Bressler, Esq. and Winifred Brooks, Esq. (Digital Recording) (CAM) (Entered: 03/03/2011)
142011-03-08 NOTICE of Appearance by Spencer L. Ash on behalf of All Defendants (Ash, Spencer) (Entered: 03/08/2011)
152011-03-10 ORDER (Settlement Conference set for 5/19/2011 at 3:00 PM before Hon. Marian W. Payson. Parties are directed to appear in person. At least one week prior to the conference, each party shall submit directly to chambers a confidential settlement report.) Signed by Hon. Marian W. Payson on 3/10/2011. (KAH) (Entered: 03/10/2011)
162011-05-19 Minute Entry for proceedings held before Hon. Marian W. Payson: Settlement Conference held on 5/19/2011. Appearances: Melvin Bressler, Esq. with Winifred Brooks; Spencer L. Ash, Esq. for defendants (CAM) (Entered: 05/23/2011)
172011-09-20 ORDER denying without prejudice to renewal 8 Motion to Withdraw as Attorney. Signed by Hon. Marian W. Payson on 9/20/2011. (KAH) (Entered: 09/20/2011)
182011-11-02 ORDER TO SHOW CAUSE issued 11/2/2011 by the Clerk of Court pursuant to Local Rule 41.2 why this case should not be dismissed for failure to prosecute. Show Cause Response due by 12/2/2011.(SMO) (Entered: 11/02/2011)
192011-12-15 ORDER dismissing this action pursuant to Federal Rule of Civil Procedure 41 (b) and Local Rule of Civil Procedure 41 (b). Leave to appeal as a poor person is denied, any request to proceed as a poor person must be filed with the U.S. Court of Appeals. Signed by Hon. Charles J. Siragusa on 12/14/2011. (BK) (Entered: 12/16/2011)
202011-12-16 JUDGMENT Dismissing the Case. Signed by Hon. Charles J. Siragusa on 12/16/2011. (BK) (Entered: 12/16/2011)
212012-07-19 Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 7/19/2012 re attorney's fees. Appearances: Winifred Brooks, pro se, with Marcus Brooks; Melvin Bressler, Esq.; Spencer Ash, Esq. (CAM) (Entered: 07/27/2012)
222012-08-14 MEMORANDUM AND ORDER VACATING ORDER OF DISMISSAL 19 .. Signed by Hon. Charles J. Siragusa on 7/24/12. (KAP) (Entered: 08/14/2012)
232012-12-05 ORDER (Unless a stipulation of discontinuance is filed by 12/19/2012 with the Court, the Court will proceed to determine the pending motion to withdraw filed by Mr. Bressler and will issue an amended scheduling order to govern the litigation of the case.) Signed by Hon. Marian W. Payson on 12/5/2012. (KAH) (Entered: 12/05/2012)
242013-02-05 ORDER granting 8 MOTION to Withdraw as Attorney by Plaintiff attorney, Melvin Bressler. If plaintiffs wish to retain another attorney, a notice of appearance must be filed with the Court within 30 days of the date of this order. If plaintiffs do not wish to retain another attorney, plaintiffs shall notify the Court within 30 days of the date of this order that they wish to proceed pro se. Status Conference set for 4/3/2013 at 11:00 AM before the Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 2/5/2013. (KAH) (Entered: 02/05/2013)
252013-02-12 MOTION to Appoint Counsel by Winifred Brooks. (KAH) (Entered: 02/12/2013)
262013-03-20 OBJECTIONS filed by Defendants City of Rochester, John Does, Mary Doe, David Moore.. (Ash, Spencer) (Entered: 03/20/2013)
272013-04-03 Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 4/3/2013 re: settlement. The general release is not executed. Mr. Ash to fax copy of his communication with Mr. Bressler. Parties to workout settlement issues by 4/12/13.Appearances: Winifred Brooks, pro se, and Jaavaid Brooks, pro se; Spencer L. Ash, Esq. for defendants(Digital Recording) (CAM) (Entered: 04/06/2013)
282013-04-23 STATUS REPORT by City of Rochester. (Ash, Spencer) (Entered: 04/23/2013)
292013-05-23 RESPONSE to Motion re 25 MOTION to Appoint Counsel filed by City of Rochester, John Does, Mary Doe, David Moore. (Ash, Spencer) (Entered: 05/23/2013)
302013-07-30 ORDER granting in part and denying in part 25 Motion to Appoint Counsel. The Court assigns Gary Muldoon, pro bono, to faithfully and diligently represent the plaintiffs in this case for the sole purpose of assisting the plaintiffs in evaluating, negotiating and executing a settlement in this action. A telephone conference will be with counsel on 8/8/2013 at 11:40 AM before the Hon. Marian W. Payson. Chambers will initiate the conference call. Signed by Hon. Marian W. Payson on 7/30/2013. (KAH) (Entered: 07/30/2013)
312013-08-13 ORDER rescinding in part the Court's 7/30/2013 Order 30 . The Court rescinds that portion of the Order that granted in part Brooks's motion for the appointment of counsel; thus, Gary Muldoon, Esq. is hereby relieved of any responsibility to represent the plaintiffs in this matter. Brooks shall instruct any attorney whom she retains to enter a notice of appearance promptly. A conference shall be held with counsel for the defendant and Brooks, if she is proceeding pro se, or her counsel, if she retains an attorney, on 10/8/2013 at 11:40 a.m. before the Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 8/13/2013. (KAH) (Entered: 08/13/2013)
322013-08-08 Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference not held. Counsel for the parties did not appear. (KAH) (Entered: 08/19/2013)
332013-10-24 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.) Fact Discovery to be completed by 4/25/2014. Plaintiff Expert Witness ID due by 2/25/2014. Defendant Expert Witness ID due by 3/25/2014. Expert Discovery to be completed by 4/25/2014. Dispositive Motions due by 6/25/2014. Responses due by 7/25/2014. Replies due by 8/8/2014. Signed by Hon. Marian W. Payson on 10/24/2013. (KAH) (Entered: 10/24/2013)
342013-10-28 Minute Entry for proceedings held before Hon. Marian W. Payson: Status Conference held on 10/28/2013. The defendant declines the offer of court-appointed counsel. The Court advises the parties it will not involved any further with settlement. An amended scheduling order. Should Ms. Brooks wish to have counsel appointed, she may make that request.Appearances: Winifred Brooks, pro se; Fatima Reid, Esq. for Spencer L. Ash, Esq.(Digital Recording) (CAM) (Entered: 10/28/2013)
352014-11-17 PRETRIAL ORDER. Pretrial Conference set for 12/16/2014 02:30 PM before Hon. Charles J. Siragusa. Signed by Hon. Charles J. Siragusa on 11/17/14. (KJA) (Entered: 11/17/2014)
362014-12-16 -CLERK TO FOLLOW UP-ORDER CLOSING CASE AS SETTLED. No counsel appearing for defendants. Ms. Brooks informed the Court that this matter had been settled with Spencer Ash, Esq., who represented Defendants, and that a settlement paper of some type had been produced by Mr. Ash, signed by Winifred and Jaavaid Brooks, and notarized. No settlement document has ever been filed in this Court. However, on the representations of Winifred Brooks made in open court on the record on December 16, 2014, this matter is closed as settled. The Clerk is hereby directed to close this case as settled and discontinue any pending motions. Signed by Hon. Charles J. Siragusa on 12/16/14. (KAP) (Entered: 12/16/2014)
372014-12-17 JUDGMENT closing case as settled signed by Michael J. Roemer, Clerk of Court on 12/17/2014. (BK) (Entered: 12/17/2014)
382014-12-16 Minute Entry for proceedings held before Hon. Charles J. Siragusa: Plaintiffs, Jaavaid Brooks and Winifred Brooks, appearing pro se. No appearance by counsel on behalf of defendants. Pretrial Conference not held on 12/16/2014. Plaintiff, Winifred Brooks, advises the Court that the case had been settled with Spencer Ash, Esq., who represented the defendants. (Court Reporter Karen Bush.) (KJA) (Entered: 12/18/2014)