Schoolcraft v. The City Of New York et al

Filing 214

FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION for Local Rule 37.2 Conference and request to preclude plaintiff from relying upon information which he has failed to provide pursuant to the Court's January 15, 2014 Order addressed to Judge Robert W. Sweet from Ryan G. Shaffer dated January 30, 2014. Document filed by The City Of New York.(Shaffer, Ryan) Modified on 1/31/2014 (db).

THe Crrv oF NEW Yonr

Lnw Dnp¡.nrMENT

JEFFREY D, FRIEDLANDER
Acl n g Corporq
¡

RYAN G. SHAFFER

CHURCH STREET
NEW YORK, NEW YORK IOOOT

A ss

IOO

li on C ounse I

islan I Corpora

lion

January 30,2013

BY ECF
Honorable Robert V/. Sweet
United States District Judge
Southern District of New York
500 Pearl Street
New York, New York 10007

Re: Schoolcraft

C ounse

I

E-mail : rshaffer@law, nyc. gov
Phone: [phone]
Fax [phone]

v. The City of New York. et al.

l0 cv 60os (Rws)

Your Honor:

I

am the Assistant Corporation Counsel in the offtce of Michael A, Cardozo,
Corporation Counsel of the City of New York, assigned to represent the City Defendants abovereferenced matter. City Defendants write to respectfully request that the Court preclude plaintiff
from relying, in any way whatsoever, on documents and witnesses which he was ordered to
identify no later than January 22,2014.
Names and Contact Information
On January 75,2014, the Court ordered plaintiff to provide, by January 22,2014
the names and contact information of all the individuals whose emails and other correspondence
was previously produced without that information. The Court stated that as long as plaintiff was
not going to rely on these witnesses at trial, the documents bearing the witnesses' names and
contact information would remain Attorneys'Eyes Only. On January 24,2074, City Defendants
received only reproductions of the documents bearing Bates Nos. AS10059-4S10144. Plaintiff
has not reproduced without redaction the documents previously produced on October 24,2012 in
response to City Defendants' Second Set of Document Requests, Document Request No. 2. As
plaintiff has failed to produce the records according to the January 15,2014 Order of the Court,
it is respectfully requested that plaintiff be precluded in discovery, motion practice, and at trial
from relying on any of the aforementioned documents, or the information contained therein.
Witnesses

Also on January 75,2074, the Court ordered plaintiff to identify by January 22,
2014 the individuals from the previous productions that'plaintiff intended to rely upon as
witnesses in this matter. To date, Plaintiff has not complied with this order and has failed to
identify any individuals either orally or in writingthat he intends to use as a witness at trial. City
defendants submit that plaintiff has waived the right to call any witnesses identified within the

documents bearing Bates Nos. 4510059-4510144 and the documents produced on Octobet 24,
2012 in response to City Defendants' Second Set of Document Requests, Document Request No.
2 aT trial in this matter,

In Plaintiffs Po ssessron
The Court also ordered plaintiff to produce any memoranda allegedly given by
him to non-party NYPD Employees as well any Crime Complaint Reports in plaintiffs
Comp

possession by January 22,2014, Once again, Plaintiff has failed to do so, indicating that he is not
in possession of any of those documents. V/hile no request related to this failure is being made at

this time, City Defendants respectfully reserve their right to seek spoliation sanctions and/or an
adverse inference charge against plaintiff for disposing of these documents during the pendency
of litigation.
Accordingly, because plaintiff has violated Your Honor's January 15,2014 Order
he should be sanctioned as set forth herein. Thank you for your consideration ofthese requests.

Counsel

Litigation Division
Encl.

a

2

Nathaniel Smith (By ECF)
Attorney,þr Plaintiff
I I I Broadway, Suite 1305
New York, New York 10006
Gregory John Radomisli (By ECF)
MRRrtN CI.eeRwnrpn & BSLL LLP
Attorneys for Jamaica Hospital Medical Center
220East 42nd Street 13th Floor
New York, NY 10017

Brian Lee (By ECF)
IVONE, DEVINE & JENSEN, LLP
Attorneys þr Dr. Isak Isakov
2001 Marcus Avenue, Suite Nl00
Lake Success, New York 11042
Bruce M. Brady (By ECF)
CALLAN, KOSTER, BRADY & BRENNAN, LLP
Attorneys þr Lillian Aldanø- Bernier
I Whitehall Street
New York, New York 10004

Walter A. Kretz, Jr. (By ECF)
SCOPPETTA SEIFF KRETZ & ABERCROMBIE
Attorney for Defendant Mauriello
444 Madison Avenue, 30th Floor
New York, NY 10022

J

LINITED STATES DISTRICT COURT

:?YtT:ï.?i::1i:l:ï1Y:?1I

.....x

ADRIAN SCHOOLCRAFT,
Plaintiff,
-against-

THE CITY OF NEW YORK, DEPUTY CHIEF MICHAEL MARINO, TAX
ld. 873220,Individually and in his Official Capacity, ASSISTANT CHIEF
PATROL BOROUGH BROOKLYN NORTH GERALD NELSON, Tax Id.
912370, Individually and in his Official Capacity, DEPUTY INSPECTOR
STEVEN MAURIELLO, Tax Id, 895117, Individually and in his Offrcial
capacity, CAPTAIN THEORDORE LAUTERBORN, Tax Id, 897840,
Individually and in his Official Capacity, LIEUTENANT JOSEPH GOUGH,
Tax Id. glgl24,lndividually and in his Official Capacity, SGT. FREDERICK
SAWYER, Shield No. 2576, Individually and in his Official Capacity,
SERGEANT KURT DL|NCAN, Shield No. 2483, Individually and in his
official capaciry, LIEUTENANT CHRISTOPHER BROSCHART, Tax Id.
915354, Individually and in his Official Capacity, LT, TIMOTHY
CAUGHEY, Tax Id. No. 885374, Individually and in his Official Capacity,
SERGEANT SHANTEL JAMES, Shield No. 3004, Individually and in her
official capacity, SERGEANT RICHARD V/ALL, Shield No, 3099,
Individually and in his Offrcial Capacify, SERGEANT ROBERT V/.
O'HARE, Tax Id. 916960, Individually and in his Official Capacity,
SERGEANT SONDRA WILSON, Shield No. 5172, Individually and in her
Official Capacity, LIEUTENANT THOMAS HANLEY, Tax ld. 879761,
Individually and in his Official Capacity, CAPTAIN TIMOTHY TRAINOR
Tax Id, 899922,lndividually and in his Official Capacity, and P.O,'s "JOHN
DOE" #l-50, Individually and in their Official Capacity (the name John Doe
being fictitious, as the true names are presently unknown) (collectively
referred to as "City Defendants"), FDNY LIEUTENANT ELISE HANLON,
individually and in her official capacity as a lieutenant with the New York
City Fire Department, JAMAICA HOSPITAL MEDICAL CENTER, DR.
ISAK ISAKOV, Individually and in his Official Capacity, DR. LILIAN
ALDANA-BERNIER, Individually and in his Official Capacity and
JAMAICA HOSPITAL ME,DICAL CENTER EMPLOYEE'S "JOHN DOE"
# l-50, Individually and in their Official Capacity (the name John Doe being
fictitious, as the true names are presently unknown),

ORDER
r

0-cv-6005

(RWS)

Defendants,

Sweet, D.J.,

City Defendants, having moved this Court for an Order to compel plaintiff to
provide certain discovery to City Defendants,
4

NOW, on motion of Ryan G. Shaffer, Esq., Assistant Corporation Counsel of the
City of New York and attorney for the City Defendants,

IT IS HEREBY ORDERED:
I

Plaintiff is precluded in discovery, motion practice, and at trial from relying on
any documents or information that he was ordered to produce pursuant to the
Court's January 15,2014 Order.

2

Plaintiff has waived the right to call any witnesses identified within

the

documents bearing Bates Nos. AS10059-ASl0I44 and the documents produced
on October 24, 2012 in response to City Defendants' Second Set of Document
Requests, Document Request No. 2 at trial in this matter,
Date:
SO ORDERED:

Honorable Robert W. Sweet

5