Schoolcraft v. The City Of New York et al

Filing 220

FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Robert W. Sweet from Ryan G. Shaffer dated February 18, 2014. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), Joseph Goff(Tax Id. 894025 Individually), Joseph Goff(Tax Id. 894025 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shaffer, Ryan) Modified on 2/19/2014 (db).

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February 7,2014

N4s. Suzama P. It4ettha"rn

Law Department
100 Church Street - Room 3-203
New York, New York 10007
Schoolcraft v. The City of New York, et al.,
l0-cv-6005 (RWS)
Dear Ms. Mettham:

It has recently come to my attention that redactions in the Queens District Attomey's
production (NYC 8419-NYC 9393) can be removed from the digital version of those documents.
În particular, I was able to remove the redaction for page 9370, which contains a non-privileged
disiussion regarding a doctor's review of the plaintiff s Jamaica Hospital file.

I am writing to you to provide you with notice of this fact and to demand that you provide
me with the basis for this redaction, which appeafs to be an inappropriate and meritless assertion
of some sort of privilege. I have also reviewed the privilege log your offrce provided and there
was no notation in the log of this redaction. Given these circumstance, I also believe that any
possible privilege has been waived.

More important, these facts suggest to me that the Law Department has improperly
redacted large portions of the discovery in this case. Accordingly, I am demanding that the Law
Department immediately set forth in detail the basis for all redactions it has made in discovery.

Nathaniel B.

cc: All Counsel
(by email)

I.INITED STATES DISTRICT COURT
SOUTÉIERNDISTRICT OF NEW YORK

1o-cv-600s (Rws)

ADRIAN SCHOOLCRAFT,

PLAINT IFF' S ST]PPLEMENTAL
DISCOVERY DEMANDS

Plaintiff,

against-

THE CITY OF NEW YORK, et al,,
Defendants.

Pursuant to the Federal Rules of Civil Procedure and the Civil Rules for
United States District Courts for the Southem District of New York (the "Local
Rules"), plaintiff hereby demands that the City of New York and the individual
defendants who are or were employees of the City of New York (the "City
Defendants") produce the documents, answer the following interrogatories, and
produce the witnesses required by the following notice of depositions.

DEFINITIONS AND INSTRUCTIONS

A.
B.

"Defendants" the plural, means all of the defendants in this action
The "Complaint" means Plaintifß Second Amended Complaint in

this action.

C.

used herein, include, but are not limited to,
coffespondence, notes, telefaxes, telefax cover sheets, computer printouts, e-mail,
text messages, stored data and metadata, memoranda, reports, summaries,
calendars, diaries, tape reeordings, videotapes and any other recording medium, and
all non-identical copies of.same in your possession or control.
"Communication" shall include any method of transmitting
information including, but not limited to, letters, facsimiles, teletypes, telegrams,
e-mails, telephone conversations, in-persou meetings, recordings, notes, handwritten

"Documents"

aS

D.

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or otherwise, reports, diaries, calendars and similar documents.
E,. Any communications between Defendants and Plaintiff s referred to
herein shall refer to any communications between any Defendant and Plaintiff as
well as any communications between any Defendant and PlaintifÊs attorney or
representative concerning the subject of the Complaint.
F. "Identifu" with respect to persons, means to give, to the extent known,
the person's full name, present or last known address, and when referring to a
natural person, additionally, the present or last known place of employment.
G. "Identify" with respect to documents, means to give, to the extent
known, (i) the type of document, (ii) the general subject matter, (iii) the date of the
document, and (iv) the author(s), addressee(s) and recipient(s).
. If. "l\{isconduct" lneans any improper ,rr unlawful coaduct on the part of a
person concerning the administration ofjustice or any conduct that constitutes a
dereliction or improper departure from duty.
I. If any information sought is believed to be the proper subject of
protection pursuant to any privilege, Defendants shall identiff such information and
state the basis on which the privilege in being asserted, so that the matter may be
considered by the Court.
J. Plaintiff hereby incorporates the definitions and rules of the Local
Rules of the Southern District of New York.

REQUESTS FOR PRODUCTION

1. All documents

maintained by the City of New York reflecting the
number of crimes committed or alleged to have been committed on October 3I,2009
in the 8l't Precinct, the 104th Precinct, and throughout the Cify of New York.
2. All SPRINT reports and recordings of all 911 calls on October 31,2009
from 3:00 pm through 11:30 pm for, from or regarding incidents within, the 81't
Precinct and the 104th Precinct.
3. All documents reflecting the identity of all members of the New York
City Police Department ("NYPD") who have been deem by a member of the NYPD
an "Emotionally Disturbed Person" or "EDP" for the period from January 1, 2000
through December 31, 20LI.
4. All documents pertaining to the investigation at the 81't Precinct
pertaining to allegations by ã police officer assigned to the 8l't Precinct who alleged
that he had been rhot ot shot át while in the parking lot of the 81't Precinct.
5. Copies of the following recordings: (a) any and all recordings of the
interview or interviews by the Internal Affairs Bureau ("IAB") of Mystica
Schoolcraft; (b) the second part of the interview by IAB of Sergeant Weiss; and (3)
the interview of Sergeant Huffinan on October 31 ,2009 and all other interviews of
members of the NYPD on October 31 ,2009 pertaining to the incidents about
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Plaintiff on October 31,2009.

6. All documents pertaining to claims or complaints

against the NYPD by
Officers Craig Matthews; James Griffin; Adyhl Polanco; Pedro Serrano; Eileen
Butry; Daisy Boria; Robert Leuci; Jeffery Baird; V/illis Crosland; Clifford Rigaud;
Paula White-Ru\z; and Joseph Gray.
7. All documents pertaining to any disciplinary action taken by the City of
New York or the Fire Department of New York City ("FDNY") against Elise
Hanlon for making any false statements or engaging in conduct that brings into
question her veracity or credibility.
8. All documents pertaining to complaints or claims of retaliation by any
member of the NYPD for objecting to or reporting improper downgrading,
misclassification, manipulation or suppression of crime reporting or reports of
alleged criminal activity.
9. All documents pertaining to any disciplinary action taken against any
member of the NYPD for conduct relating to improper downgrading,
misclassification, manipulation or suppression of crime reporting or reports of
alleged criminal activity.
10. All documents pertaining to complaints or claims of retaliation by
member of the NYPD for violating a code of silence or the "Blue \Mall of Silence" or
for reporting misconduct against another member of the NYPD.
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Copies of all videos and audio recordings, and all documents related
thereto, for all presentations by Steven Mauriello to CompStat or TrafficStat or to
Patrol Borough Brooklyn North while he was the Executive Officer or the
Commanding Officer of the 81't Precinct.
12. Copies of all videos and audio recordings, and all documents related
thereto, for all presentations by Theodore Lauterborn to CompStat andlor TrafficStat
or Patrol Borough Brooklyn North while he was the Executive Offrcer of the 81't
Precinct.
13. Copies of all videos and audio recordings, and all documents relatecl
thereto, for all presentations by Michael Marino to CompStat andlor TrafficStat or
Patrol Borough Brooklyn North while he was an Assistant Chief at the NYPD.
14. Copies of all videos and audio recordings, and all documents related
thereto, for all presentations by any other defendant to CompSfat andlor TrafficStat
or Patrol Borough Brooklyn Nsrth while said defendants was a member of the

l.

NYPD.

15. The inspection of the entire file maintained and created by the Quality
Assurance Division ("QAD") for the audit and investigation that it conducted
regarding crime reporting by the 81't Precinct, as set forth in its June 23,2010 report
(NYC sts3-s248).
16. All monthly, quarterly and annual reports submitted by all police
officers working at the 8l't Precinct for any partof the period from December l,
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2007 through January 31,2010.
17. AII annual and quarterly evaluations of all police officers working at
the 81't Precinct for any part of the period from December I,2007 through January
31, 2010.
18. The inspection of all logs maintained at the 81't Precinct (including
manually created and computer-generated logs) for all summons activity ("4" type
summons or parking summons;"8" type summons or traffic summons; and "C" type
summons or criminal court summons parking violations or quality-oÊlife type
summons) for the period from December 1,2007 through January 31,2010.
19. All documents pertaining to any agreements between Defendant
Steven Mauriello and the City of New York or the NYPD pertaining to this lawsuit,
any indemnification of Mauriello, and the payment of his costs and expenses,
including attorney' s fees.
20. All documents pertaining to any agreements between the Captain's
Endowment Association and the City of New York or the NYPD pertaining to this
lawsuit, any indemnification of Steven Mauriello, and the payment of his costs and
expenses, including attorney' s fees.
2L AII rules, orders and regulations pertaining to the approval of any
request for any transfer of any member of the NYPD after January 1,2009.
22. Allreports or audits of the 81't Precinct conducted by the Complaint
Assessment Team of QAD for any time within the period from January I,2007
through December 31,2010, including all documents pertaining to the endorsement
and transmittal of such reports or audits to or from the Deputy Commission of
Strategic Initiative and to or from the commanding officer of the 8l't Precinct.
23. QAD's standard operating procedures or other policy documents

concerning how QAD conducts its activities.
24. IAB's standard operating procedures or other policy documents
concerning how IAB conducts its activities.
25. All audio or video recordings of anyone interviewed by QAD
regarding the plaintiff.
26. The Aided Report Worksheets regarding the plaintiff for October 31,
2009.
27. The October 31,2009 entries in the activity logs of all member of the
NYPD, including without limitation members of the 104th and the 81't Precincts,
who were in plaintiff s home or on the street or sidewalk in the vicinity of
plaintiff s home on October 31 ,2009.
28. All documents pertaining to communications with the media by the
City of New York, the NYPD, or any employeelagenthepresentative of the City of
New York pertaining to the plaintiff.
29. All pay-roll, health care insurance, and pension record pertaining to
the plaintiff, including, but not limited to W-2s.
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30. All video/audio recordings of or about the plaintiff in the custody,
possession or control of the City of New York.
31. The personal file and confidential performance profile of Brandon
del Pozo.
32. All documents pertaining to any communications by, to or from
Brandon del Pozo regarding the plaintiff or his lawsuit, including communications
with Larry Schoolcraft, Jon Norinsberg, Graham Rayman, Ray Kelly, Charles
Campisi, David Cohen, David Durk, Frank Serpico, IAB, The New York Times,
The New York Post, Daily News, or John Jay College.
33. All documents pertaining to any and all training received by the
plaintiff while working at the 81't Precinct.
34. All documents pertaining to training of police officers at the 81't
Precinct for the period from January 1,2007 through December 31,2010.
35. All collective bargaining agreements between the City of New York
and New York City Patrolman's Benevolent Association (the "PBA").
36. All documents pertaining to communications between the PBA and
the City of New York, the NYPD, or their agents or employees, regarding the

plaintiff.

37. AII entries in the activity log of Robert Deck regarding the plaintiff.
38. All documents pertaining any communications, complaints or reports
made by Robert Deck to IAB or QAD pertaining to the plaintiff.
39. All documents, including recordings and videos, pertaining to the
plaintiff or his father or his sister in the custody or control or the NYPD Intelligence
Division.

40. All documents, including recordings, pertaining to or involving Larry
Schoolcraft.

4I. All photographs or videos of the plaintiff or the plaintiff

s apartments

or homes.
photographs of the incliviclual defendants in
this action and of all individuals who \Mere in, at or in the vicinity of the plaintiff s
home on October 31 ,2009.
43. The command discipline log for the 81't Precinct for the period from
January I,2009 through November 1,2009.
44. The training logs for the 81't Precinct for the period from January
2006 through November 1,2009.
45. The row-tow logs for the 8 1't Precinct for the period from January
2006 through November I,2009.
46. The gun amnesty logs for the 81't Precinct for the period from January
2006 through November 1,2009.
47 .The sick logs for the 8 1't Precinct for the period from January 2006

42. Official NYPD or FDNY

through November

I, 2009.
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48. The inspection of the firearm that was being carried by Defendant
Caughey on October 31, 2009.
49. Any communications between the NYPD and the Federal Bureau of
Investigation regarding the plaintiff.
50. All documents pertaining to any awards or medals received by Steven
Mauriello pertaining to his work for the NYPD.
51. All documents pertaining to the reference in the recording that has
been identified as "DS.50 31OCTOBER2009 Homelnvasion.wma" to "Adam
Three" and "he's off the roof'as recorded on October 31,2009, including all
reports, recordings or other records pertaining to that incident.

INTERROGATORIES

1. Identify all chiefs, commanding officers, captains, inspectors

and

deputy inspectors who have been disciplined by the NYPD for conduct relating to
improper downgrading, misclassification, manipulation or suppression of crime
reporting or reports of alleged criminal activity, and for each such individual
produce the charges and specifications, command discipline or other record of such
discipline and the results of all such disciplinary actions.
2. Identifu all contact information, including address, email, telephone
numbers, and emergency contact information, for the following Craig Matthews;
James Griffin; Adyhl Polanco; Pedro Serrano; Eileen Bu.t),; Daisy Boria; Robert
Leuci; Jeffery Baird; Willis Crosland; Clifford Rigaud; Paula White-Ruiz; and
Joseph Gray.
3. Identifu all members of the NYPD who have ever been declared an
emotionally disturbed person or "EDP" by another member of the NYPD.

Dated: New York, New York
February 7 ,2014

LAV/ OFFICE, OF
NATHANIEL B. SMITH
4487)
Nathaniel B. Smith
111 Broadwãy, Suite 1305
New York, New York 10007

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