On September 02, 2021 a
Letter,Correspondence
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
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3435236
Book Page CIVIL
Return To: No. Pages: 3
City of Rochester - Law Department
Instrument: MISCELLANEOUS DOCUMENT
Control #: 202305170637
Index #: E2021008184
Date: 05/17/2023
Adler, Sabine Time: 11:25:22 AM
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
Mn
202305170637 Index #: E2021008184
D> City of Rochester
Christopher S. Noone
7 ~] Department of Law Municipal Attorney
City Hall Room 400A, 30 Church Street
Rochester, New York 14614-1295
www.cityofrochester.gov
May 17, 2023
Hon. Daniel J. Doyle
Justice of the Supreme Court
512-A Hall of Justice
Rochester, NY 14614
Re: Adler v City of Rochester, et al
Index No.: E2021008184
&
Johnson v City of Rochester, et al
Index No.: E2021008253
Dear Justice Doyle:
lam writing in response to your confidential law clerk, Mr. Donaher’s email of
May 10, 2023, which responds to Plaintiffs’ counsel, Mr. Shields’ letters to you of May
9, 2023, regarding discovery status in the actions assigned to you. Specifically, | am
writing to request an extension of the discovery deadline in the current Scheduling
Orders in the Adler and Johnson cases.
| have provided to Mr. Shields all that | have been able to acquire in response to
his various demands included in a Deposition Notice in the Adler case. A large
volume of records and other material were produced. Contrary to his
characterization, that was not a “partial response.” All that remains to be produced
are the Purchase Orders for various munitions used during the protests in early
September 2020 if they can be located. | just provided Purchase Orders for the
pepper balls and the tear gas used.
In mid-March, Mr. Shields served a formal, 146 paragraph Disclosure Demand in
the Adler case, much of which is repetitive of the demands contained in the
Deposition Notice and a large portion of which seeks material unrelated to the basic
claims in this case. Most of that seeks Monell material, though there is no Monell
claim advanced.
My understanding is that the reason Mr. Shields commenced the Adler case on
behalf of the 41 plaintiffs was because they shared a claim of menstrual irregularities.
Although a few claim other injuries, such as caused by pepper ball strikes, the
underlying common and predominant claim appears to be the menstrual issues.
Much of the 146 paragraph Demand is thus objectionable and | will address that in
due course.
Phone: 585.428.6753 Fax: 585.428.6950 Y: 585.428.6054 EEO/ADA Employer ®
202305170637 Index #: E2021008184
Hon. Daniel J. Doyle
May 17, 2023
Page 2
At this point, | am writing to respectfully request the aforesaid extension because
my colleague, Mr. Naylon, and | are engaged in what we expect to be a lengthy trial,
scheduled to commence on June 1. Because of the time commitment, | am unable to
devote much attention to this case, or to others, including the Jaeylon Johnson case,
also assigned to you and for which | am also requesting an extension of the discovery
deadline. We will both be engaged in trial on June 2, the date of the upcoming status
conference. This was the result of the trial being rescheduled from April 6 to June 1
after that conference date was set.
In the Johnson matter, | am gathering information necessary to respond to Mr.
Shields’ various Demands. Much of those appear to concern a Monell/supervisory
liability claim, though there is no such cause of action in the Complaint. | will also
address that in due course.
| would add that in both the Adler case, Mr. Shields has not responded to any of
the City’s Disclosure Demands. Nor, most importantly, has he provided medical
records Authorizations, or any identification of the providers who any of the Plaintiffs
may have treated with for the injuries alleged. | will need those to determine the
existence, or the extent of, any injuries that may have been sustained and to be ina
position to conduct depositions. This morning, Mr. Shields served Response in the
Johnson case.
For all of the above reasons, | am respectfully requesting that Your Honor extend
the discovery deadlines contained in the Scheduling Orders entered in the Adler and
Johnson cases and that the status conference scheduled for June 2 be adjourned
until later in June after Mr. Naylon’s and my trial concludes.
Thank you for your courtesies and your kind consideration these requests.
Very truly yours,
~)
/
4
J
- Z| (ber h—
4
Ghristop her S. Noone
Municipal Attorney
CSN/mb
cc: Elliot Dolby Shields, Esq.
Adam Clark, Esq.
Preview
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3435236 Book Page CIVIL Return To: No. Pages: 3 City of Rochester - Law Department Instrument: MISCELLANEOUS DOCUMENT Control #: 202305170637 Index #: E2021008184 Date: 05/17/2023 Adler, Sabine Time: 11:25:22 AM 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 Mn 202305170637 Index #: E2021008184 D> City of Rochester Christopher S. Noone 7 ~] Department of Law Municipal Attorney City Hall Room 400A, 30 Church Street Rochester, New York 14614-1295 www.cityofrochester.gov May 17, 2023 Hon. Daniel J. Doyle Justice of the Supreme Court 512-A Hall of Justice Rochester, NY 14614 Re: Adler v City of Rochester, et al Index No.: E2021008184 & Johnson v City of Rochester, et al Index No.: E2021008253 Dear Justice Doyle: lam writing in response to your confidential law clerk, Mr. Donaher’s email of May 10, 2023, which responds to Plaintiffs’ counsel, Mr. Shields’ letters to you of May 9, 2023, regarding discovery status in the actions assigned to you. Specifically, | am writing to request an extension of the discovery deadline in the current Scheduling Orders in the Adler and Johnson cases. | have provided to Mr. Shields all that | have been able to acquire in response to his various demands included in a Deposition Notice in the Adler case. A large volume of records and other material were produced. Contrary to his characterization, that was not a “partial response.” All that remains to be produced are the Purchase Orders for various munitions used during the protests in early September 2020 if they can be located. | just provided Purchase Orders for the pepper balls and the tear gas used. In mid-March, Mr. Shields served a formal, 146 paragraph Disclosure Demand in the Adler case, much of which is repetitive of the demands contained in the Deposition Notice and a large portion of which seeks material unrelated to the basic claims in this case. Most of that seeks Monell material, though there is no Monell claim advanced. My understanding is that the reason Mr. Shields commenced the Adler case on behalf of the 41 plaintiffs was because they shared a claim of menstrual irregularities. Although a few claim other injuries, such as caused by pepper ball strikes, the underlying common and predominant claim appears to be the menstrual issues. Much of the 146 paragraph Demand is thus objectionable and | will address that in due course. Phone: 585.428.6753 Fax: 585.428.6950 Y: 585.428.6054 EEO/ADA Employer ® 202305170637 Index #: E2021008184 Hon. Daniel J. Doyle May 17, 2023 Page 2 At this point, | am writing to respectfully request the aforesaid extension because my colleague, Mr. Naylon, and | are engaged in what we expect to be a lengthy trial, scheduled to commence on June 1. Because of the time commitment, | am unable to devote much attention to this case, or to others, including the Jaeylon Johnson case, also assigned to you and for which | am also requesting an extension of the discovery deadline. We will both be engaged in trial on June 2, the date of the upcoming status conference. This was the result of the trial being rescheduled from April 6 to June 1 after that conference date was set. In the Johnson matter, | am gathering information necessary to respond to Mr. Shields’ various Demands. Much of those appear to concern a Monell/supervisory liability claim, though there is no such cause of action in the Complaint. | will also address that in due course. | would add that in both the Adler case, Mr. Shields has not responded to any of the City’s Disclosure Demands. Nor, most importantly, has he provided medical records Authorizations, or any identification of the providers who any of the Plaintiffs may have treated with for the injuries alleged. | will need those to determine the existence, or the extent of, any injuries that may have been sustained and to be ina position to conduct depositions. This morning, Mr. Shields served Response in the Johnson case. For all of the above reasons, | am respectfully requesting that Your Honor extend the discovery deadlines contained in the Scheduling Orders entered in the Adler and Johnson cases and that the status conference scheduled for June 2 be adjourned until later in June after Mr. Naylon’s and my trial concludes. Thank you for your courtesies and your kind consideration these requests. Very truly yours, ~) / 4 J - Z| (ber h— 4 Ghristop her S. Noone Municipal Attorney CSN/mb cc: Elliot Dolby Shields, Esq. Adam Clark, Esq.