Cordero v. City of New York et al

Filing 42

Minute entry and order for proceedings held before Magistrate Judge Marilyn D. Go on 4/22/16. Appearances by tel. by B. Fett for plaintiff; A. Booth for defendants. Rulings made on the record granting in part and denying in part 38 plaintiff' ;s motion to compel and defendants' cross-motion to compel set forth in 39 their response to plaintiff's motion, as summarized in the attached order. Fact discovery is extended to 6/24/16. The conference scheduled for 5/3/16 is adjourned to 6/28/16 at 10:30 a.m. (Tape #FTR/C 2:01-3:05.) (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 April 22, 2016.

Plaintiff's [38] motion to

compel and defendants' [39] cross-motion to compel are granted in
part and denied in part, as discussed below.
1.

Memo books of defendant officers: defendants must produce

by 4/29/16 unredacted memo book entries for the tour that includes
plaintiff's arrest, except for non-party pedigree information.
2.

Scratch copy of arrest and complaint reports: the City

must produce by 5/6/16 an affidavit from a person with knowledge
that such documents concerning plaintiff's arrest were not
created.
3.

Precinct prisoner roster: plaintiff's request is denied,

without prejudice to a further application, upon a showing of
relevance by affidavit from plaintiff.
4.

Arrest evidence: defendants must promptly confirm a date

for inspection of the arrest evidence.
5.

Records of overtime requested and received by the

defendant officers: defendants must produce by 4/29/16 the records
for the tour that included plaintiff's arrest.
6.

Disclosure of co-defendant's identity and arrest and

prosecution records: defendants must produce by 4/29/16 any
documents in their possession concerning the co-defendant and may
not redact identifying information, for attorney's eyes only.

7.

Plaintiff's initial disclosures: the information

plaintiff provided regarding the identity of witnesses and damages
is sufficient.

However, plaintiff is under a duty to supplement

promptly if he obtains further information regarding "Mr. George."
8.

Plaintiff must provide an affidavit by 5/6/16 stating

that he has produced the only video footage of the incident in his
possession or control and identifying, including contact
information, the person with control over the video surveillance
system and recordings in the store.
9.

Tax and employment authorizations: plaintiff must provide

executed authorizations for federal and state income tax returns
and employment records only for 2014.

SO ORDERED.
Dated:

Brooklyn, New York
April 22, 2016
_/s/__________________________
MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE