Ferrer v. Racette et al

Filing 89

ORDER: As part of the Court's discovery conference held on June 8, 2016, counsel for the Defendants were instructed to provide to chambers the personnel files for their clients at the earliest possible date. Dkt. No. 68. On July 24, 2016, the personnel file for Defendant Daniel McClenning was reviewed by the Court. The in camera review of Defendant McClenning's personnel file reflected one set of documents that may possibly be used for impeachment purposes, or as part of the supervi sory claim. When retrieving the personnel file, Defendant's Counsel Jeffrey Mans shall make a copy of the thirteen total pages from the personnel file which have been tagged and paper clipped together by the Court. Counsel shall redact any infor mation regarding the Defendant's date of birth, home address, and social security number. The redacted copies shall be provided to the Plaintiff's counsel, with copies to the counsel for the remaining Defendants. Because of the nature and c ircumstances of the case, and the specific needs of the correctional facility, the Plaintiff's counsel is directed not to provide copies of the disclosed portions of the personnel file to the Plaintiff. However, counsel is not barred from discus sing the content of the documents with her client. The Court directs that the Defendant's Counsel immediately retrieve from the Court's courtroom deputy, Maria Blunt, the McClenning personnel file. Signed by Magistrate Judge Daniel J. Stewart on 7/24/16. (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
RODNEY FERRER,
Plaintiff,
-v-

Civ. No. 9:14-CV-1370
(GTS/DJS)

STEVEN RACETTE, et al.,
Defendants.

APPEARANCES:

OF COUNSEL:

OFFICE OF JESSICA M. GORMAN
Attorney for Plaintiff
74 Chapel Street, 2d Floor
Albany, NY 12207

JESSICA M. GORMAN,
ESQ.

HON. ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
Attorney for Defendants Racette, Kelly,
Goodman, Waite, and Jenkins
The Capitol
Albany, New York 12224

CATHY Y. SHEEHAN, ESQ.
Assistant Attorney General

LAMARCHE, SAFRANKO LAW FIRM
Attorney for Defendant Fraizer
1539 Crescent Road
P.O. Box 5437
Clifton Park, NY 12065

ANDREW R. SAFRANKO,
ESQ.

HARRIS, CONWAY LAW FIRM
Attorney for Defendant Livermore
The Patroon Building
5 Clinton Square
Albany, NY 12207

RYAN T. DONOVAN, ESQ.

LIPPES MATHIAS WEXLER FRIEDMAN LLP
Attorney for Defendants and Counter Claimants
Beecher, Burch, and McClenning
54 State Street, Suite 1001
Albany, NY 12207

JEFFREY P. MANS, ESQ.

DANIEL J. STEWART
UNITED STATES MAGISTRATE JUDGE
ORDER
As part of the Court’s discovery conference held on June 8, 2016, counsel for the
Defendants were instructed to provide to chambers the personnel files for their clients at the
earliest possible date. Dkt. No. 68. On July 24, 2016, the personnel file for Defendant Daniel
McClenning was reviewed by the Court.
The in camera review of Defendant McClenning’s personnel file reflected one set of
documents that may possibly be used for impeachment purposes, or as part of the supervisory
claim. When retrieving the personnel file, Defendant’s Counsel Jeffrey Mans shall make a copy
of the thirteen total pages from the personnel file which have been tagged and paper clipped
together by the Court. Counsel shall redact any information regarding the Defendant’s date of
birth, home address, and social security number. The redacted copies shall be provided to the
Plaintiff’s counsel, with copies to the counsel for the remaining Defendants. Because of the
nature and circumstances of the case, and the specific needs of the correctional facility, the
Plaintiff’s counsel is directed not to provide copies of the disclosed portions of the personnel
file to the Plaintiff. However, counsel is not barred from discussing the content of the
documents with her client.

The Court directs that the Defendant’s Counsel immediately retrieve from the Court’s
courtroom deputy, Maria Blunt, the McClenning personnel file.
IT IS SO ORDERED.

Date: July 24, 2016
Albany, New York