Allah v. Rosati et al

Filing 42

ORDER: On August 15, 2016, this Court appointed pro bono trial counsel for the Plaintiff. Dkt. No. 38. Shortly thereafter, Plaintiff's trial counsel requested that the Court conduct an in camera review of the Defendant's personnel files, Dkt. No. 39, and Defendants' counsel agreed to this procedure. On October 18, 2016, the personnel files for Defendants Rosati, LaPan, LaFountain, and Vandenburgh were delivered to the Court, and subsequently reviewed. Having conducted the revie w, the Court rules on each personnel file as set forth herein. The Court directs the Defendant's counsel to immediately retrieve from the Court's courtroom deputy, Maria Blunt, the Rosati, LaPan, LaFountain, and Vandenburgh personnel files. Signed by Magistrate Judge Daniel J. Stewart on 11/4/16. (served on plaintiff by regular mail)(alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
KHA’SUN CREATOR ALLAH, a/k/a/ KHA-SUN ALLAH;
a/k/a/ KHALIQ CLARK,
Plaintiff,
-v-

Civ. No. 9:14-CV-0788
(GLS/DJS)

JOHN ROSATI, et al.,
Defendants.

APPEARANCES:

OF COUNSEL:

OFFICE OF ANTHONY P. CONSIGLIO
Trial Attorney for Plaintiff
74 Chapel Street, 2d Floor
Albany, New York 12207

ANTHONY P. CONSIGLIO, ESQ.

HON. ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
Attorney for Defendants Rosati, LaPan,
LaFountain, and Vandenburgh
The Capitol
Albany, New York 12224

RACHEL M. KISH, ESQ.
Assistant Attorney General

DANIEL J. STEWART
United States Magistrate Judge
ORDER
On August 15, 2016, this Court appointed pro bono trial counsel for the Plaintiff. Dkt.
No. 38. Shortly thereafter, Plaintiff’s trial counsel requested that the Court conduct an in
camera review of the Defendant’s personnel files, Dkt. No. 39, and Defendants’ counsel agreed
to this procedure. On October 18, 2016, the personnel files for Defendants Rosati, LaPan,
LaFountain, and Vandenburgh were delivered to the Court, and subsequently reviewed. Having

conducted the review, the Court rules on each personnel file as set forth below:
The in camera review of Defendant LaPan’s personnel file reflected no documents that
the Court considers to be relevant to the Plaintiff’s claim or the defenses of the Defendants.
The in camera review of Defendants Rosati, LaFountain and Vandenburgh’s personnel
files disclosed certain limited records that relate to the incident in question, and therefore may
be relevant to the Plaintiff’s claim or the Defendants’ defense of that claim. The Court has
copied the relevant pages from the personnel files, and those documents are as follows:
1.

Vandenburgh Personnel File - Employee Accident/Injury Report, and Workers
Compensation Benefit Election Form (two pages in total).

2.

Lafountain Personnel File - Workers Compensation Administrative Decision,
Workers Compensation Case Review Sheet, Employee Accident/Injury Report,
Doctors Note dated July 18, 2011 (six pages in total).

3.

Rosati Personnel File Part One - Doctors Notes dated July 18, 2011(two
versions) and July 28, 2011, and Documentation for Worker’s Compensation
Leave Form (four pages in total)

4.

Rosati Personnel File Part Two - Employee Accident/Injury Report, Worker’s
Compensation Benefit Election Form, Doctor’s Notes dated July 29, 2011(two
versions) and July 18, 2011, Worker’s Compensation Leave letter date July 20,
2011, Redacted IME report of Granger Associates (nine pages in total).

When retrieving the personnel files, Defendant’s counsel shall make a copy of the pages
from the personnel files referenced above which have been separated and stapled together by

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the Court. Counsel shall redact any information regarding a Defendant’s date of birth, home
address, and/or social security number from the selected records. The redacted copies shall then
be provided to the Plaintiff’s counsel by Defense counsel.
The Court directs the Defendant’s counsel to immediately retrieve from the Court’s
courtroom deputy, Maria Blunt, the Rosati, LaPan, LaFountain, and Vandenburgh personnel
files.
IT IS SO ORDERED.
Date: November 4, 2016
Albany, New York

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