Schoolcraft v. The City Of New York et al

Filing 135

MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown. Document filed by The City Of New York.(Publicker, Suzanna)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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NOTICE OF MOTION

ADRIAN SCHOOLCRAFT,
Plaintiff,

10-CV-6005 (RWS)
-againstTHE CITY OF NEW YORK, et al.,
Defendants.

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PLEASE TAKE NOTICE that, upon the annexed Memorandum of Law dated
March 14, 2013, Queens District Attorney Richard Brown (“Queens DA”) will move this Court
before the Honorable Robert W. Sweet, United States District Judge, at the United States District
Court for the Southern District of New York, located at 500 Pearl Street, New York, New York,
10007, at a date and time to be determined, for an Order quashing plaintiff’s subpoena seeking
the deposition testimony of the Queens DA and further seeking documents relating to the“[a]ll
documents pertaining to the investigation of criminal behavior concerning the entry into and
removal of Adrian Schoolcraft from his home on October 31, 2009, as reflected in the attached
Statement by District Attorney Richard A. Brown, dated December 4, 2012,” pursuant to Rules
26 and 45 of the Federal Rules of Civil Procedure. The Queens DA further seeks a Protective
Order under Federal Rules of Civil Procedure 26(c), precluding the deposition of the Queens
District Attorney Richard Brown on the grounds that the Queens DA has no relevant information
and plaintiff has not demonstrated that he has unique information that cannot be obtained from
another source.

PLEASE TAKE FURTHER NOTICE that pursuant to Local Rule
plaintiff

s response

6.1,

if any, is due no later than March 21,2013, the Queens DA's reply, if any, is

due no later than March 25,2013.

Dated

New York, New York
March 14,2013

MICHAEL A. CARDOZO
Corporation Counsel of the
City of New York
Attorney for City Defendants
100 Church Street, Room 3-200
New York, New York 10007
(2t2) 788-1103

By
PUBLICKER
Assistant Corporation Counsel
Special Federal Litigation Division
cc

Nathaniel Smith (By ECF & First-Class Mail)
Richard Gilbert (By ECF)
Peter J. Gleason (By ECF)
Attorneys þr Plaintiff
Gregory John Radomisli (By ECF & First-Class Mail)
CIERRwRTER & BELL LLP
Attorney,s for Jamaica Hospital Medical Center

MRnrn

Brian Lee (By ECF & First-Class Mail)
IVONE, DEVINE & JENSEN, LLP
Attorneys for Dr, Isak Isakov
Bruce M, Brady (By ECF & First-Class Mail)
CALLAN, KOSTER, BRADY & BRENNAN, LLP
Attorneys for Lillian Aldana-Bernier
V/alter Aoysius Kretz, Jr. (By ECF & First-Class Mail)
SEIFF KRETZ & ABERCROMBIE
Attorney for Defendant Mauriello

Docket No 10-CV-6005 (RWS)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ADRIAN SCHOOLCRAFT,
Plaintiff,
-againstTHE CITY OF NEW YORK, et al.,
Defendants.

NOTICE OF MOTION

MICHAEL A. CARDOZO
Corporation Counsel of the City of New York
Attorney for City Defendants and Non-Party
Queens District Attorney Richard Brown
100 Church Street, Room 3-200
New York, New York 10007
Of Counsel: Suzanna Publicker
Tel: [phone]

Due and timely service is hereby admitted.
New York, N.Y......................................................., 2013
.................................................................................. Esq.
Attorney for.......................................................................