Schoolcraft v. The City Of New York et al

Filing 101

ENDORSED LETTER addressed to Judge Robert W. Sweet from Joshua P. Fitch dated 9/18/2012 re: I write now to respectfully request that Your Honor grant plaintiff leave to amend the complaint to add an additional defendant Lieutenant Elise Hanlon based on the discovery that has been, produced thus far. This request is made with the consent of all medical defendants and the City defendants take no position at all regarding this request. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 9/18/2012) (lmb)

COHEN & FITCH LLP
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September 18,2012

BY FACSIMILE
212-805-7925
Honorable Robert W. Sweet
United States District Judge
Southern District of New York
500 Pearl Street
New York, New York 10007
Rc:

JUDGE SWEET CHAMBERS

SclwolcraO v. City of New York. et al.

10 CV6005 (RWS)

Your H01101':
I am co-counsel for plaintiff in the above-referenced. matter. I VvTite now to respectfully
request that Your Honor grant plaintiff leave to amend the comp.1aint to add an additional
defendant Lieutenant Elise Hanlon based on the discovery that has been, produced thus faJ:. This
request is made with the consent of all medical defendants and the City defendants take no
position at all regarding this request. Two (2) prior requests to am.end have been msde. 1
A review of the discovery provided thus far indicates that Lieutenal)t Elise Hanlon of the
New York City Fire Department may have also been "personally involved" in the decision to
have plaintiff declared an emotionally disturbed person ("EDP") on the night of October 31)
2009, Specifically, on several of the documents provided by the City - namely, D001940 it
indicates that she was the individual who had declared plaintiff an EDP, made the detennination
that he was unfit to refuse medical treatment and authorized his removal to Jamaica Hospital. As
such, it is plaintiffs position that if this version of events is credited, she wou.ld, at minimum, be
comparatively responsible for plaintiffs damages in this case. The undersigned apologizes for
the delay in this request, but wanted to wait until t1le previous motion to arn.end was decided
before making this application. 2
Accordingly, since leave to amend pleadings is freely granted, and defendants do not
oppose this request, plaintiff respectfuJly requests that Your Honor issue an Order permitting
plaintiff to amend the complaint to add this defendant.
I The First request was granted in part with respect to the substitution of Lie1.ltenant William Gough as a party. The
second request was granted in part with respect to plaintiff' g First Amendment Claim of prior restraint.
1 Your Honor's Decision and Order on the most recent request was issued on S~mber 10, 2012

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Thank you for your consideration of this request.

Cc:

VIA FAX

Suzanna Publicker, Esq.
Assistant C01poration Counsel
The City of New York Law Department
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New York, New York 10007
Gregory John Radomisli
Martin Clearwater & Bell LLP
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Ivone, Devine & Jensen LLP
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Callan, Koster, Brady & Brennen LLP
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