On September 02, 2021 a
DEMAND FOR BILL OF PARTICULARS
was filed
involving a dispute between
Amber James,
Amber Johnson,
Annalisa Barron,
Breyana Clark,
Bridget Strub,
Carlie Schmitz,
Carly Bryant,
Davne Mccleary,
Devin Hott,
Emily Higgins,
Emma Leigh,
Emma Van Hise,
Enid Brady,
Halie Washburn,
Halima Aweis,
Hannah Bauman,
Hillary Bialecki,
Hillary Manley,
Iesha Owens,
James Dietz,
Jazmin Hull,
Katharina Jackson,
Kathleen Mullaney,
Kevonna Buchanan,
Kodiak Liberman-Raridon,
Kristan Johnson,
Kristin Reisch,
Leslie Hannon,
Mary Zicari,
Michelle Klein,
Naomi Moore,
Sabine Adler,
Sabrina Soares-Kerns,
Sarah Mcgrath,
Serena Viktor,
Shannon Kemp,
Shea Beiter,
Silvia Lopez,
Stephanie Vargas,
Tawny Martin,
Taylor Howarth,
and
Gerald Ludwig,
Michael Koerner,
The City Of Rochester,
Todd Baxter,
for Torts - Other (Police Misconduct)
in the District Court of Monroe County.
Preview
INDEX NO. E2021008184
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 03/24/2023
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3378195
Book Page CIVIL
Return To: No. Pages: 5
City of Rochester - Law Department
Instrument: MISCELLANEOUS DOCUMENT
Control #: 202303241290
Index #: E2021008184
Date: 03/24/2023
Adler, Sabine Time: 4:47:38 PM
Aweis, Halima
Barron, Annalisa
Bauman, Hannah
Beiter, Shea
The City of Rochester
KOERNER, MICHAEL
LUDWIG, GERALD
Baxter, Todd
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
MONT
lof 5
FEL? MONROE COUNTY CLERK 0372472023 04:47 PM INDE&& NOE 2621028088 184
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 03/24/2023
STATE OF NEW YORK
COUNTY OF MONROE SUPREME COURT
SABINE ADLER, HALIMA AWEIS,
ANNALISA BARRON, HANNAH DEMAND FOR VERIFIED
BAUMAN, SHEA BEITER, HILLARY BILL OF PARTICULARS
BIALECKI, ENID BRADY, CARL BRYANT,
KEVONNA BUCHANAN, BREYANA CLARK, Index No.: E2021008184
JAMES DIETZ, LESLIE HANNON, EMILY
HIGGINS, DEVIN HOTT, TAYLOR HOWARTH,
JAZMIN HULL, KATHARINA JACKSON,
AMBER JAMES, AMBER JOHNSON,
KRISTAN JOHNSON, SHANNON KEMP,
MICHELLE KLEIN, EMMA LEIGH,
KODIAK LIBERMAN-RARIDON, SILVIA LOPEZ,
HILLARY MANLEY, TAWNY MARTIN,
DAVNE MCCLEARY, SARAH MCGRATH,
NAOMI MOORE, KATHLEEN MULLANEY,
IESHA OWENS, KRISTIN REISCH,
CARLIE SCHMITZ, SABRINA SOARES-KERNS,
BRIDGET STRUB, EMMA VAN HISE,
STEPHANIE VARGAS, SERENA VIKTOR,
HALIE WASHBURN, MARY ZICARI,
Plaintiffs,
against
THE CITY OF ROCHESTER, a municipal
entity, MICHAEL KOERNER, GERALD
LUDWIG, “JOHN DOE POLICE OFFICERS
1-200” (names and number of whom are
unknown at present), TODD BAXTER,
“RICHARD ROE SHERIFF'S DEPUTIES 1-
200” (names and number of whom are
unknown at present), and other unidentified
members of the Rochester Police
Department and Monroe County Sheriffs
Office,
Defendants.
TO THE ATTORNEYS FOR THE ABOVE NAMED PLAINTIFFS
2 0f 5
FEL? MONROE COUNTY CLERK 0372472023 04:47 PM INDEXNG E 282018088184
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 03/24/2023
PLEASE TAKE NOTICE, that the undersigned Defendant counsel for the City hereby
demand that you serve, within twenty (20) days from the date of service herein, a Verified
Bill of Particulars, pursuant to §§3041 through 3044 of the CPLR, concerning the following
matters of the Plaintiffs’ Complaint:
1 The full name and address of each Plaintiff now and in May, September and
October 2020.
2 The date and approximate time of day of each occurrence referred to in the
Complaint wherein each Plaintiff claims to have sustained any physical or other injury or
damage, and the location where each such event occurred, with particular reference to any
stationary object, building, area, or other landmark that would specify that exact location of
each occurrence.
3 If Plaintiff claims personal injuries, a statement specifying in detail:
A A full description of said injuries;
B Which of said injuries are claimed still to exist;
Which of said injuries are claimed will be permanent;
If any hospital confinement or treatment was required, the name and
address of the hospital and the dates of all confinement endured as to
each;
If the allegedly injured Plaintiff was confined to bed or home, the dates
during which said confinement endured as to each;
The number of visits or treatments by any physicians and the names,
addresses and specialities of each attending physician and the number
of times treated by each physician, setting forth the date of each
treatment. .
If any Plaintiff claim emotional injuries, a statement specifying in detail:
A A full description of said injuries;
3 0f 5
FEL? MONROE COUNTY CLERK 0372472023 04:47 PM INDEXNG E 282018088184
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 03/24/2023
Which of said injuries are claimed still to exist;
Which of said injuries are claimed will be permanent;
If any hospital confinement or treatment was required, the name and
address of the hospital and the dates of all confinement endured as to
each;
A statement as to whether Plaintiff was and is under a physician's,
psychiatrist's or therapist's care for any emotional trauma or distress
prior to the incident complained of, the name, address and specialty of
aid physician, psychiatrist or therapist, and the dates of treatment.
If any Plaintiff claim loss of earnings, a statement specifying in detail:
A The name and address of the employer;
B The nature of the occupation;
Average weekly earnings for a one-year period immediately preceding
the incident alleged in the Complaint;
The dates of incapacity from working at said employment as a result of
the injuries;
The amount which will be claimed as special damages for loss of
earnings.
5. If any Plaintiff was attending school at the time of the occurrences alleged in
the Complaint:
a) Identify the name of the school;
b) The grade or year attended; and
c) The date of incapacity from attending school as the result of the injuries
allegedly incurred.
6 If medical expenses are claimed by Plaintiff, a statement specifying in detail
the total amounts claimed to date, or to be claimed in the future for:
A Services of each physician;
B Medical supplies;
40f 5
FLEE? MONROE COUNTY CLERK 0372472023 04:47 PM INDEXNG E 26208088 184
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 03/24/2023
X-rays;
Hospital expenses;
Nurses' services;
Attendance other than nursing, setting forth the nature and extend of
said attendance;
G All other expenses.
6 A statement of the acts or omissions constituting the culpable acts claimed on
the part of the named Defendants.
7 A particular statement of any and all other special damages to be claimed.
DATED: March 2%, 2023 LINDA S. KINGSLEY, Corporation Counsel
Y
CH TOPHER §. NOONE, Esq., of Counsel
ttorneys for Defendants
30 Church Street, Room 400A City Hall
Rochester, New York 14614
Telephone: (585) 428-6753
TO ROTH & ROTH, LLP
Elliot Dolby Shields, Esq.
Co-Counsel for Plaintiffs
192 Lexington Avenue, Suite 802
New York, NY 10024
EASTON THOMPSON KASPEREK SHIFFRIN LLP
Donald Thompson, Esq.
Co-Counsel for Plaintiffs
16 West Main Street, Suite 243
Rochester, NY 14614
CC: Monroe County Law Department
Adam M. Clark, Esq.
39 W. Main Street, Suite 307
Rochester, NY 14614
5 of 5
Preview
INDEX NO. E2021008184 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 03/24/2023 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3378195 Book Page CIVIL Return To: No. Pages: 5 City of Rochester - Law Department Instrument: MISCELLANEOUS DOCUMENT Control #: 202303241290 Index #: E2021008184 Date: 03/24/2023 Adler, Sabine Time: 4:47:38 PM Aweis, Halima Barron, Annalisa Bauman, Hannah Beiter, Shea The City of Rochester KOERNER, MICHAEL LUDWIG, GERALD Baxter, Todd Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO. MONROE COUNTY CLERK MONT lof 5 FEL? MONROE COUNTY CLERK 0372472023 04:47 PM INDE&& NOE 2621028088 184 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 03/24/2023 STATE OF NEW YORK COUNTY OF MONROE SUPREME COURT SABINE ADLER, HALIMA AWEIS, ANNALISA BARRON, HANNAH DEMAND FOR VERIFIED BAUMAN, SHEA BEITER, HILLARY BILL OF PARTICULARS BIALECKI, ENID BRADY, CARL BRYANT, KEVONNA BUCHANAN, BREYANA CLARK, Index No.: E2021008184 JAMES DIETZ, LESLIE HANNON, EMILY HIGGINS, DEVIN HOTT, TAYLOR HOWARTH, JAZMIN HULL, KATHARINA JACKSON, AMBER JAMES, AMBER JOHNSON, KRISTAN JOHNSON, SHANNON KEMP, MICHELLE KLEIN, EMMA LEIGH, KODIAK LIBERMAN-RARIDON, SILVIA LOPEZ, HILLARY MANLEY, TAWNY MARTIN, DAVNE MCCLEARY, SARAH MCGRATH, NAOMI MOORE, KATHLEEN MULLANEY, IESHA OWENS, KRISTIN REISCH, CARLIE SCHMITZ, SABRINA SOARES-KERNS, BRIDGET STRUB, EMMA VAN HISE, STEPHANIE VARGAS, SERENA VIKTOR, HALIE WASHBURN, MARY ZICARI, Plaintiffs, against THE CITY OF ROCHESTER, a municipal entity, MICHAEL KOERNER, GERALD LUDWIG, “JOHN DOE POLICE OFFICERS 1-200” (names and number of whom are unknown at present), TODD BAXTER, “RICHARD ROE SHERIFF'S DEPUTIES 1- 200” (names and number of whom are unknown at present), and other unidentified members of the Rochester Police Department and Monroe County Sheriffs Office, Defendants. TO THE ATTORNEYS FOR THE ABOVE NAMED PLAINTIFFS 2 0f 5 FEL? MONROE COUNTY CLERK 0372472023 04:47 PM INDEXNG E 282018088184 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 03/24/2023 PLEASE TAKE NOTICE, that the undersigned Defendant counsel for the City hereby demand that you serve, within twenty (20) days from the date of service herein, a Verified Bill of Particulars, pursuant to §§3041 through 3044 of the CPLR, concerning the following matters of the Plaintiffs’ Complaint: 1 The full name and address of each Plaintiff now and in May, September and October 2020. 2 The date and approximate time of day of each occurrence referred to in the Complaint wherein each Plaintiff claims to have sustained any physical or other injury or damage, and the location where each such event occurred, with particular reference to any stationary object, building, area, or other landmark that would specify that exact location of each occurrence. 3 If Plaintiff claims personal injuries, a statement specifying in detail: A A full description of said injuries; B Which of said injuries are claimed still to exist; Which of said injuries are claimed will be permanent; If any hospital confinement or treatment was required, the name and address of the hospital and the dates of all confinement endured as to each; If the allegedly injured Plaintiff was confined to bed or home, the dates during which said confinement endured as to each; The number of visits or treatments by any physicians and the names, addresses and specialities of each attending physician and the number of times treated by each physician, setting forth the date of each treatment. . If any Plaintiff claim emotional injuries, a statement specifying in detail: A A full description of said injuries; 3 0f 5 FEL? MONROE COUNTY CLERK 0372472023 04:47 PM INDEXNG E 282018088184 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 03/24/2023 Which of said injuries are claimed still to exist; Which of said injuries are claimed will be permanent; If any hospital confinement or treatment was required, the name and address of the hospital and the dates of all confinement endured as to each; A statement as to whether Plaintiff was and is under a physician's, psychiatrist's or therapist's care for any emotional trauma or distress prior to the incident complained of, the name, address and specialty of aid physician, psychiatrist or therapist, and the dates of treatment. If any Plaintiff claim loss of earnings, a statement specifying in detail: A The name and address of the employer; B The nature of the occupation; Average weekly earnings for a one-year period immediately preceding the incident alleged in the Complaint; The dates of incapacity from working at said employment as a result of the injuries; The amount which will be claimed as special damages for loss of earnings. 5. If any Plaintiff was attending school at the time of the occurrences alleged in the Complaint: a) Identify the name of the school; b) The grade or year attended; and c) The date of incapacity from attending school as the result of the injuries allegedly incurred. 6 If medical expenses are claimed by Plaintiff, a statement specifying in detail the total amounts claimed to date, or to be claimed in the future for: A Services of each physician; B Medical supplies; 40f 5 FLEE? MONROE COUNTY CLERK 0372472023 04:47 PM INDEXNG E 26208088 184 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 03/24/2023 X-rays; Hospital expenses; Nurses' services; Attendance other than nursing, setting forth the nature and extend of said attendance; G All other expenses. 6 A statement of the acts or omissions constituting the culpable acts claimed on the part of the named Defendants. 7 A particular statement of any and all other special damages to be claimed. DATED: March 2%, 2023 LINDA S. KINGSLEY, Corporation Counsel Y CH TOPHER §. NOONE, Esq., of Counsel ttorneys for Defendants 30 Church Street, Room 400A City Hall Rochester, New York 14614 Telephone: (585) 428-6753 TO ROTH & ROTH, LLP Elliot Dolby Shields, Esq. Co-Counsel for Plaintiffs 192 Lexington Avenue, Suite 802 New York, NY 10024 EASTON THOMPSON KASPEREK SHIFFRIN LLP Donald Thompson, Esq. Co-Counsel for Plaintiffs 16 West Main Street, Suite 243 Rochester, NY 14614 CC: Monroe County Law Department Adam M. Clark, Esq. 39 W. Main Street, Suite 307 Rochester, NY 14614 5 of 5