Small v. New York City Department of Correction et al

Filing 313

ORDER, IT IS HEREBY ORDERED that no later than January 6, 2021, Defendants shall submit to the Court a supplemental letter and a revised exhibit list consistent with the below instructions: as further set forth herein. IT IS FURTHER ORDERED that th e parties reconvene for a hearing on the three remaining objections, identified above, on January 20, 2021 at 11:00 am. The hearing will be held using Skype for Business. The Court will send the parties instructions on how to access the video confere nce at a later date. Persons who are not participating in the hearing but who wish to listen in may do so by calling [phone] and entering Access Code 1015508#. SO ORDERED. ( Telephone Conference set for 1/20/2021 at 11:00 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 12/23/2020) (kv)

Case 1:09-cv-01912-RA-SDA Document 313 Filed 12/23/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SAMUEL SMALL,

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED:

Plaintiff,
09-CV-1912 (RA)

v.
NEW YORK CITY DEPARTMENT OF
CORRECTIONS, et al.,

ORDER

Defendants.

RONNIE ABRAMS, United States District Judge:
IT IS HEREBY ORDERED that no later than January 6, 2021, Defendants shall submit to the
Court a supplemental letter and a revised exhibit list consistent with the below instructions:
1. Disciplinary Records: With respect to Small’s disciplinary offenses, which the Court indicated
may have a proper purpose in this trial, Defendants shall provide to the Court the disciplinary records
they seek to admit, together with any related medical records. Both the disciplinary records and the
medical records should be presented as clearly identified, individual files. Further, in their supplemental
letter, Defendants shall include the following information for each disciplinary infraction: (a) whether
the record of the infraction was disclosed during discovery or in the joint pre-trial order, (b) whether
Small suffered any physical or mental harm as a result of the incident described in the disciplinary record
and (c) if so, whether a medical record exists that corroborates that the incident resulted in physical or
mental harm.
2. Medical Records: Defendants shall sub-divide by date the medical records they have produced
(Exhibits C1–F1), and present to the Court only those medical records they believe they are likely to use
in trial. For each medical record, Defendants shall identify in their supplemental letter (a) the date of
the record, (b) what the record says, and (c) why the record is relevant. The Court requires a medical

Case 1:09-cv-01912-RA-SDA Document 313 Filed 12/23/20 Page 2 of 2

record-by-medical record analysis, rather than a single statement about the admissibility of the medical
records in general.
3. DOC Documents: The Court directs the parties to meet and confer, and work together to
attempt to limit the number of DOC documents admitted into evidence. In their supplemental letter,
Defendants shall identify (a) any remaining disputes regarding the admissibility of DOC documents, (b)
which documents specifically are in dispute, and (c) why, from their perspective, each disputed record
is relevant. The Court requires a document-by-document analysis, rather than a single statement about
the admissibility of the documents in general. Defendant need not re-produce these documents at this
time.
IT IS FURTHER ORDERED that Plaintiff’s response to Defendants’ supplemental letter, should
he wish to submit one, shall be filed no later than January 13, 2021.
IT IS FURTHER ORDERED that no later than January 15, 2021, the parties submit the following
to the Court: (1) any limiting instructions they seek the Court to provide to the jury, (2) their proposed
voir dire questions and (3) a short summary of the case to be read to the jury.
IT IS FURTHER ORDERED that the parties reconvene for a hearing on the three remaining
objections, identified above, on January 20, 2021 at 11:00 am. The hearing will be held using Skype for
Business. The Court will send the parties instructions on how to access the video conference at a later
date. Persons who are not participating in the hearing but who wish to listen in may do so by calling
[phone] and entering Access Code 1015508#.
SO ORDERED.
Dated:

December 23, 2020
New York, New York
RONNIE ABRAMS
United States District Judge

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