Sutton v. Ryan et al
Minute entry and order for proceedings held before Magistrate Judge Marilyn D. Go on 5/17/16. Appearances by M. Flamm for plaintiff; K. Thadani for defendants. Argument heard and rulings made on the record granting in part and denying in part cross-motions to compel 24 , as summarized in substance in the attached order. Fact discovery is extended to 7/15/16. Preliminary settlement discussions held but the parties are far apart at this time. (Tape #FTR 2:50-4:14.) (Proujansky, Josh)
United States District Court
Eastern District of New York
15cv3614 (JBW)(MDG) Sutton v. Ryan, et ano.,
As discussed on the record during a conference held on May
17, 2016, the parties' cross-motions to compel set forth in their
joint status report  are granted in part and denied in part.
This order summarizes some of the rulings made, but the parties
are directed to the transcript of the proceeding for a detailed
discussion of each disputed issue.
Global unsealing release: Plaintiff must additionally
provide an executed release only for the online prison arraignment
("OPA") files relating to his 2010 arrest.
Documents regarding debriefing of prisoners:
must serve a formal discovery response as to any memo book entries
or other documents responsive to plaintiff's request for
information regarding debriefing of prisoners by defendants on
Identification of other officers: Defendants must produce
SPRINT reports concerning 330 or 340 Dumont Avenue from 6:00 p.m.8:00 p.m. on 6/22/12 in an effort to identify any other officers
involved in plaintiff's detention.
Defendants must make a further
effort to ascertain whether there were other officers at 330
Counsel for defendants must consult with Detective Morgan
regarding audio recordings of his interviews with Ratcliff and
Goode, THREAD results, and a better copy of the audio of his
interview of defendant Ryan.
Defendants must put in writing
whether any such materials exist.
Defendants agreed to produce color copies of three
photographs (Ratcliff Def. 1042, 1050, 1132).
Redactions: Defendants must unredact the Command Log,
except for identifying information of non-parties who have not
authorized release of information to plaintiff's counsel.
parties must confer on the B.A.D.S. Report, witness information,
and a procedure for contacting non-party witnesses.
for plaintiff confirms that he cannot otherwise obtain contact
information for Kenny Ritter, defendant must unredact such
information from Ratcliff Def. 1177.
regarding Oginga Thompson, Layonta Ratcliff and Shari Goode shall
be unredacted if counsel for plaintiff provides appropriate
Defendants must unredact from Jette's phone records any
phone calls placed to any member of the NYPD on 6/22/12 from 6:45
Defendants need not produce SPRINT reports for 6/23/12,
or information regarding entry to the 330 Dumont Avenue apartment
on dates other than 6/22/12.
Defendants must produce by 5/24/16 the unredacted
disciplinary indices for in camera inspection by the Court.
Plaintiff may request underlying disciplinary files for pertinent
charges from the disclosed indices previously produced, but should
confer on limiting the documents to be produced, as discussed.
CCRB records are limited to the complaint and closing report.
Defendants must produce the photo array with photos
unredacted as to the individuals identified by the witness.
Plaintiff's counsel shall maintain the confidentiality of the
partially unredacted array and may show the array to plaintiff or
witnesses only in preparation for depositions.
All documents and discovery responses to be produced to
the other party must be served by 6/16/16.
Discovery is extended to 7/15/16.
Brooklyn, New York
May 18, 2016
MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE
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