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).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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ADRIAN SCHOOLCRAFT,

10-CV-6005 (RWS)

Plaintiff,

PLAINTIFF'S SUPPLEMENTAL
DISCOVERY DEMANDS

-againstTHE CITY OF NEW YORK, eta!.,
Defendants.

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Pursuant to the Federal Rules of Civil Procedure and the Civil Rules for
United States District Courts for the Southern 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.
"Defendants" the plural, means all of the defendants in this action
B.
The "Complaint" means Plaintiffs Second Amended Complaint in
this action.
C.
"Documents" as used herein, include, but are not limited to,
correspondence, notes, telefaxes, telefax cover sheets, computer printouts, e-mail,
text messages, stored data and metadata, memoranda, reports, summaries,
calendars, diaries, tape recordings, videotapes and any other recording medium, and
all non-identical copies of same in your possession or control.
D.
"Communication" shall include any method of transmitting
information including, but not limited to, letters, facsimiles, teletypes, telegrams,
e-mails, telephone conversations, in-person meetings, recordings, notes, handwritten

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or otherwise, reports, diaries, calendars and similar documents.
E.
Any communications between Defendants and Plaintiffs referred to
herein shall refer to any communications between any Defendant and Plaintiff as
well as any communications between any Defendant and Plaintiff-s attorney or
representative concerning the subject of the Complaint.
F.
"Identify" 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).
H. "Misconduct" means any improper or unlawful conduct on the part of a
person concerning the administration of justice 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 identify 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 defmitions and rules of the Local
Rules ofthe 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 31, 2009
in the 81 st Precinct, the 1041h Precinct, and throughout the City of New York.
2. All SPRINT reports and recordings of all 911 calls on October 31, 2009
from 3:00pm through 11:30 pm for, from or regarding incidents within, the 81 st
Precinct and the 1041h Precinct.
3. All documents reflecting the identity of all members of the New York
City Police Department ("NYPD") who have been deemed by a member of the
NYPD an "Emotionally Disturbed Person" or "EDP" for the period from January 1,
2000 through December 31, 2011.
4. All documents pertaining to the investigation at the 81 st Precinct
pertaining to allegations by a police officer assigned to the 81 st Precinct who alleged
that he had been shot or shot at while in the parking lot of the 81 st Precinct.
5. Copies of the following recordings: (a) any and all recordings of the
interview or interviews by the Internal Affairs Bureau ("lAB") or any member or
representative of the City ofNew York or the NYPD, ofMystica Schoolcraft; (b) the

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second part of the interview by lAB of Sergeant Weiss; and (3) the interview of
Sergeant Huffman on October 31, 2009 and all other interviews of members of the
NYPD on October 31, 2009 pertaining to the incidents about 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
Barry; Daisy Boria; Robert Leuci; Jeffery Baird; Willis Crosland; Clifford Rigaud;
Paula White-Ruiz; 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 Wall of Silence" or
for reporting misconduct against another member of the NYPD.
11. 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 st Precinct.
12. Copies of all videos and audio recordings, and all documents related
thereto, for all presentations by Theodore Lauterbom to CompStat and/or TrafficStat
or Patrol Borough Brooklyn North while he was the Executive Officer of the 81 st
Precinct.
13. Copies of all videos and audio recordings, and all documents related
thereto, for all presentations by Michael Marino to CompStat and/or 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 CompStat and/or TrafficStat
or Patrol Borough Brooklyn North while said defendants was a member of the
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
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regarding crime reporting by the 81 st Precinct, as set forth in its June 23, 2010 report
(NYC 5153-5248).
16. All monthly, quarterly and annual reports submitted by all police
officers working at the 81 st Precinct for any part of the period from December 1,
2007 through January 31,2010.
17. All annual and quarterly evaluations of all police officers working at
the 81 st Precinct for any part of the period from December 1, 2007 through January
31,2010.
18. The inspection of all logs maintained at the 81 st Precinct (including
manually created and computer-generated logs) for all summons activity ("A" type
summons or parking summons; "B" type summons or traffic summons; and "C" type
summons or criminal court summons, parking violations or quality-of-life 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 ofNew 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.
21. All 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. All reports or audits of the 81 st Precinct conducted by the Complaint
Assessment Team ofQAD for any time within the period from January 1, 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 81 st Precinct.
23. QAD's standard operating procedures or other policy documents
concerning how QAD conducts its activities.
24. lAB's standard operating procedures or other policy documents
concerning how lAB conducts its activities.
25. All audio or video recordings of anyone interviewed by QAD or lAB
regarding the plaintiff.
26. The Aided Report Worksheets regarding the plaintiff for October 31,
2009, including all electronic data regarding that Report.
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 st Precincts,
who were in plaintiffs home or on the street or sidewalk in the vicinity of
plaintiffs home on October 31, 2009.
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28. All documents pertaining to communications with the media by the
City ofNew York, the NYPD, or any employee/agent/representative ofthe 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.
30. All video/audio recordings of or about the plaintiff in the custody,
possession or control of the City ofNew York.
31. The personnel 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, lAB, 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 '' Precinct.
34. All documents pertaining to training of police officers at the 81 ''
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 ofNew York, the NYPD, or their agents or employees, regarding the
plaintiff.
37. All entries in the activity log of Robert Deck regarding the plaintiff.
38. All documents, including recordings, pertaining any communications,
complaints or reports made by Robert Deck to lAB 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.
41. All photographs or videos of the plaintiff or the plaintiffs apartments
or homes.
42. Official NYPD or FDNY photographs of the individual defendants in
this action and of all individuals who were in, at or in the vicinity of the plaintiffs
home on October 31, 2009.
43. The command discipline log for the 81" Precinct for the period from
January 1, 2009 through January 1, 2010.
44. The training logs for the 81 st Precinct for the period from January
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2006 through January 1, 2010.
45. The row-tow logs for the 81 st Precinct for the period from January
2006 through January 1, 2010.
46. The gun amnesty logs for the 81 ''Precinct for the period from January
2006 through January 1, 2010.
47. The sick logs for the 81 ''Precinct for the period from January 2006
through January 1, 2010.
48. The inspection of all firearms that were 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.SO- 310CTOBER2009- 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.
52. All documents, including electronic data pertaining to said "Adam
Three's" jobs on October 31, 2009, including the Emergency Services Report, or the
documents relating to the unit or group quoted in request number 51 above.
53. All Brooklyn North Command uninterrupted logs for the 24-hour
periods for March 16, 2009.
54. All documents pertaining to the individual Defendant Mauriello
testified to at his deposition, who is know as Tyrell Gardenhire, including without
limitation all documents pertaining to that individual's criminal history, including
arrests, summons, 250s, and convictions.
55. The standard operating procedures and other policy documents for the
81 '' Precinct's Training Officer.
56. All documents by the NYPD issued to the 81 sr Precinct regarding
training police officers for the period from January 1, 2006 through January 1, 2010.
57. The standard operating procedures and other policy documents for the
81 '' Precinct's Crime Analysis Unit for the period from January 1, 2006 through
January 1, 2010.
58.All reports issued or created by, about or pertaining to the plaintiff.
59. All "SPRINT" data, including records, logs, documents, video/audio
recordings from Metro Tech Brooklyn, including all calls for service through
911, regarding the 81st Precinct from January 1, 2006 through January 1st, 2010.
60. Inspection of the file created and maintained for the creation of the
Report of the Crime Reporting Committee and all instructions or directives issued to
the members of the Crime Reporting Committee pertaining to its report.
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61. All documents, including recordings, pertaining to the plaintiffs
father, Larry Schoolcraft, including without limitation documents in the custody or
possession of the NYPD, the Chief of the Department of the NYPD, lAB, the NYPD
Police Commissioner, the Deputy Mayor of Operations, Deputy Inspector Louis
Luciani, the Department Advocate's Office, Catherine Lamstein, Brandon del Pozo,
and Captain Perez, the Executive Officer of the 81 st Precinct.
62. All documents, including video/audio recordings concerning the
Lowen's Pharmacy steroid investigation pertaining to Defendant Michael Marino.
63.All documents pertaining to all NYPD Department trials concerning
Defendant Michael Marino.
64. All documents from the Mayor's Office or the Mayor pertaining to the
NYC Department of Investigations involvement in any investigations of the NYPD
for the period from January l, 2001 through January l, 2010.
65.All documents pertaining to Mayor Bloomberg's Commission to
Combat Police Corruption.
66. All documents pertaining to Mark Pomerantz's request to
Commissioner Kelly and/or Mayor Bloomberg for records concerning the
downgrading or suppression of crime reports.
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. Identify all contact information, including address, email, telephone
numbers, and emergency contact information, for the following Craig Matthews;
James Griffm; Adyhl Polanco; Pedro Serrano; Eileen Barry; Daisy Boria; Robert
Leuci; Jeffery Baird; Willis Crosland; Clifford Rigaud; Paula White-Ruiz; and
Joseph Gray.
3. Identify all members of the NYPD who have ever been declared an
emotionally disturbed person or "EDP" by another member of the NYPD.
4. Identify all members of the NYPD who spoke the following words
heard on the recording identified as "DS.50_31 OCTOBER2009_ Homelnvasion
.wma": "Adam Three;" "he's off the roof;" "advice the officers ... he's off the
building;" "he ran down the stairs;" and "we're gonna be 84 momentarily ... "
5. Identify all New York City Fire Department personnel in the vicinity of
plaintiff's home on October 31, 2009 at 8260 88th Place, Queens, New York, and

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production of all GPS records for all FDNY vehicles in the vicinity of plaintiffs
home on October 31, 2009 at 8260 88 1h Place, Queens, New York.
Dated: New York, New York
February 14, 2014
LAW OFFICE OF
NATHANIEL B. SMITH

Nathaniel B. Smith (N 4487)
111 Broadway, Suite 1305
New York, New York 10007

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