Cordero v. City of New York et al

Filing 36

Minute Entry and Order for proceedings held before Magistrate Judge Marilyn D. Go on 3/25/16. Appearances by B. Fett for plaintiff; A. Booth for defendants. Argument heard and rulings made on the record granting in large part 31 plaintiff's motion to compel, as summarized in the attached minute order. Those defendants who have not filed an answer must do so by 3/25/16. Fact discovery is extended to 6/10/16. Parties reported on status of settlement discussions. Next conference to discuss settlement scheduled for 5/3/16 at 9:30 a.m. (tel.) (Tape #FTR/C 10:47-11:29.) (Proujansky, Josh)

United States District Court
Eastern District of New York
MINUTE ORDER
15cv3436 (JBW)(MDG) Cordero v. City of New York, et al.,
This order summarizes rulings made on the record during a
conference held on March 25, 2016. Plaintiff's [31] motion to
compel is granted in large part as discussed below.
1.

Memo books of defendant officers. Defendants Palminteri
and Reyes must produce their memo books by 4/8/16 and
defendants Artale, Rubin, Essig, and Narea must produce
their books by 4/15/16.

2.

Scratch copy of arrest and complaint reports. The City
must provide an affidavit from a person with knowledge
explaining the absence of such a document with respect
to plaintiff's arrest.

3.

Prisoner Roster from the Precinct and from Central
Booking. If plaintiff provides an exemplar to defendants
and the Court of a precinct prisoner roster and/or
Central Booking roster, defendants must provide an
affidavit from a person with knowledge explaining the
absence of such a roster for the times pertinent to
plaintiff's arrest.
If the documents produced by defendants in lieu of
rosters are not sufficient to identify the prisoners
held at relevant times at the precinct and/or Central
Booking, plaintiff is granted leave to propound narrow
interrogatories to request the names of the prisoners
held during the relevant time period, even if the
interrogatories exceed the presumptive limit under the
Federal Rules.

4.

Arrest Evidence. The parties should confer and promptly
arrange for the inspection of the arrest evidence.

5.

DA's file. Defendants must file a status report by
4/1/16 as to when the DA's file will be produced. If
the records cannot be promptly produced, the parties
should submit an appropriate subpoena for the Court to
"so order."

6.

Overtime records of the defendant officers. Defendants
must produce the records for the tour that included
plaintiff's arrest.

7.

Disciplinary records. Defendants must produce by
4/29/16 complete unredacted IAB, CPI and CCRB summaries

regardless of whether they post-date plaintiff's arrest
or involve open investigations. See Chillemi v. Town of
South Hampton, 2015 WL 5838724, at *8-*9 (E.D.N.Y.
2015); Bell v. City of N.Y., 2015 WL 5437306, at *2
(E.D.N.Y. 2015); Daniels v. City of N.Y., 2014 WL
325934, at *1-*2 (S.D.N.Y. 2014). Defendants must
produce the underlying files for complaints/charges
concerning conduct similar to that alleged in the
complaint pre-dating the incident giving rise to the
claims in this action, without prejudice to plaintiff
seeking files for other complaints/charges after review
of the unredacted summaries.
8.

Disclosure of co-defendant's identity and arrest and
prosecution records. Defendants must produce this
information for attorney's eyes only. See Brown v. City
of New York, 2011 WL 4594276, at *3 (E.D.N.Y. 2011)

9.

Service. Plaintiff's time to serve defendant Rubin is
extended, on consent. Defendants agree not to contest
service on Artale.

Insofar as this Court did not set a specific date at the
hearing for production of the additional responses, responses are
due April 8, 2015.
SO ORDERED.
Dated:

Brooklyn, New York
March 25, 2015
_/s/__________________________
MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE