Schoolcraft v. The City Of New York et al

Filing 225

DECLARATION of Suzanna Publicker Mettham in Support re: 223 MOTION to Compel Graham Rayman to Produce Documents.. 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), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 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), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), 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), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Mettham, Suzanna)

EXHIBIT A

AO 88 (ll/91) Subpoena in a Civil Case

United States District Court
NEW YORK

DISTRICT OF

SOUTHERN

SUBPOENA IN A CIVIL CASE

Adrian Schoolcraft
V.

CASE NUMBER: l0 CV 6005 (RV/S)

The City of New York, et al.
TO

[

Graham Rayman
16 MORNINGSIDE AVE APT 15
NEW YORK, NY 10026-2355

] YOU ARE COMMANDED to appear in the United

States District Court at the place, date, and time specified below to testifo in

the above case
PI,ACE OF TESTIMONY

[

] YOU ARE COMMANDED to

appear at the place, date, and time specified below to testifl, at the taking of a deposition in the

above case
PLACE

O!

DA'I'E AND

DEPUSI I IUN

[X] YOU ARE COMMANDED to produce

l

IME

and permit inspection and copying of the following documents or objects at the

place, date, and time specified below:

I

See

PLACE

Exhibit ".A" attached hereto for a list of items and information to
Suzanna Publicker Mettham, Assistant Corporation Counsel

be

roduced.

December 20r2013

New York City Law Depaftment
100 Church Street, 4th Floor
New York, New York 10007

YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below
DATE AND TIME

Any organization not a parry to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers,
directors or managing agents or other persons who consent to testif, on its behalf, and may set forlh for each person designated, the
Federal Rules ofCivil Procedure 3
matters on which the
willtesti
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR
PL

As

Attorn for Defendant C
of New York
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER

December 3,2013

Suzanna Publicker Mettham, Assistant Corporation Counsel

New York CiIy Law Deparlment, 100 Church Street
New York, New York 10007 [phone]
(See Rule 45, Federal Rules

ofCivil

Procedure, PartsC

& D on Reverse)

AO 88 (11/91) Subpoena in a Civil Case

PROOF OF SERVICE

SERVED

BY (PRfNT NAME)

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the forgoing
information contained in the Proof of Service is true and correct.
Executed on
SIGNATURtr OF SERVER

DATE

ADDRESS OF Sf,RVER

a

Rule 45, Federal Rules of Civil Procedure, Parts C
(c) PROTECTION

& D:
to travel from any such place within the state in which the trial

oF PERSONS SUBJECT TO SUBPOENAS

held, or

(l) A party or an attorney resporsible for the issuance and
service of a subpoena shall take reasonable steps to avoid imposing
undue burden or expense on a person subject to that subpoena, The
court on behalf of which the subpoena was issued shall enforce this
duty and impose upon the party or attorney in breach ofthis duty an
appropriate sanotion, which may include, but is not limitod to, lost
earnings and a reasonable attorney's fee,

requires disclosure

of

privileged

or

other

protected matter and no exception or waiver applies, or
subjects a person to undue burden.

ii,

(B)

lia

subpoena

(i)

requires disclosure of a trade secret or other
confidential research, development, or commercial hformation, or
requires disclosure of an unretained expert's
opinion or information not describing specific events or occurrences in
dispute and resulting from the expert's study made not at the request
ofany party, or
requires a person who is not a party or an officer
of a party to incur substantial expense to travel more than 100 miles to
attend trial, the coun may, to protect a person subject to or affected by
the subpoena, quash or modifo the subpoena or, if the party in whose
behalf the subpoena is issued shows a substantial need for the
testimony or material that cannot be otherwise met without undu€
hardship and assures that the person to whom the subpoena is
addressed will be reasonably compensated, the court may order
appearance or production only upon specified conditions,

(ii)

(2)(A) A pe rson commanded to produce and permit
inspection and copying of designated books, papers, documents or
tangible things, or inspection of premrses need not appear in person
at the place of production or inspection unless commanded to appear
for deposition, hearing or trial,

(iii)

(B) Subject to paragraph (dX2) of this rule, a person
commanded to produce and permit inspection and copying may,
within 14 days after service of the subpoena or before the time
specified for compliance if such time is less than 14 days after
service, serve upon the party or attorney designated in the subpoena
written objection to inspection or copying of any or all of the
designated materials or of the premises, If objection is made, the
party serving the subpoena shall not be entitled to inspect and copy
the materials or inspect the premises except pursuant to an order of
the court by which the subpoena was issued lf objection has been
made, the party serving the subpoena may, upon notice to the person
commanded to produce, move at any time for an order to compel the
production Such an order to compel production shall protect any
person who is not a party or an officer of a party from significant
expense resultrng from the inspection and copying commanded,

(d) DUTIES IN RESPONDING TO SUBPOENA,

(l)

A person responding to a subpoena to produce
documents shall produce them as they are kept in the usual course of
business or shall organize and label them to correspond with the
categories in the demand.

(3XA) On timely motion, the court by which a subpoena
was issued shall quash or modif, the subpoena if it

-3

i,

is

-

InpoRruruoN onO
IBIT (64'' TO S
or PnBvusES IN n CIvlL AcuoN
oR To Ppnn¡Ilr lNspncrloN
1

.

A copy of the November 13,2009 email from Adrian Schoolcraft and/or Larry Schoolcraft to
Leonard Levitt "detailfing] the sequence of the previous two months" mentioned on
page 154-155 of The NYPD Tapes.

2. A copy of the March 2010 email from Adrian Schoolcraft and/or Lany

Schoolcraft to
Graham Rayman which was "a cryptic email [,..] containing an excerpt from a tape of
Sergeant Huffman telling officers not to take robbery complaints in the field but to refer them
to the detective squad" mentioned on page 169 of The NYPD Tapes.

3. A

copy of the March 2010 email from Adrian Schoolcraft and/or Larry Schoolcraftto
Graham Rayman in which Adrian Schoolcraft stated "Nothing has changed regarding my
status. On suspension, and they won't even give me a department trial... Pay me or fire me,.,
I'm never quitting,.. Never!" mentioned on page 169 of The NYPD Tapes.

4. A copy of the single CD provided by Adrian Schoolcraft to Graham Rayman containing
recordings made by Adrian Schoolcraft mentioned on page 170 of The NYPD Tapes.

5, A

copy of the "ten-page single-spaced account Schoolcraft himself wrote," which was
provided by Adrian Schoolcraft to Graham Rayman in which Adrian Schoolcraft discussed a
"record of the next six days," referring to Adrian Schoolcraft's confinement to Jamaica
Hospital Medical Center on or about October 31,2009 through November 6,2009 mentioned
on page 141 of The NYPD Tapes.

6. A

copy of the "same questionable crime reports he gave QAD in October," which was
provided by Adrian Schoolcraft to Rocco Parascandola mentioned on page 165 of The NYPD
Tapes.

7, A

copy of the February 22, 2010 recording of a meeting between Adrian Schoolcraft,
Councilman Peter Vallone, retired Lieutenant Anthony Miranda, and "another retired cop"
which was provided by Adrian Schoolcraft to Graham Rayman in which Adrian Schoolcraft
states "l'll probably be able to be a big help to Mr. Vallone in my civil suit in acquiring court
orders. So perhaps that can be of help" mentioned on pages 168-169 of The NYPD Tapes.

8. A copy of the April 2006 memorandum written

by Adrian Schoolcraft to Deputy Inspector
Robert Brower "to notify [D.1. Brower] of a serious problem within the precinct, that I feel
has now become a chronic safety issue. The problem fAdrian Schoolcraft is] reporting is
forced overtime" mentioned on page 41 of The NYPD Tapes.

9. A copy of the summer 2009 letter from David Morris to Adrian

Schoolcraft indicating that
PBA's general counsel's office does not represent police officers in disciplinary matters"
"the
mentioned on pages 93 of The NYPD Tapes,

10.

A copy of the memorandum written by Adrian Schoolcraft on or after June 2007 to Deputy
Inspector Robert Brower in which Adrian Schoolcraft alleged that Lieutenant Jones
"threatened to punish the whole shift of officers for what Schoolcraft did" mentioned on
pages 44 ofThe NYPD Tapes.

1

L A copy of the August 17,2009 recording of a"a woman [who] walked into the station house
to report that her cell phone had been stolen" and subsequent interactions with D,I. Steven

Mauriello made by Adrian Schoolcraft, which was provided by Adrian Schoolcraft to
Graham Rayman mentioned on page 94 of The NYPD Tapes.
12.

A copy of the September 72,2009 recording of a "downgrading incidents" made by Adrian
Schoolcraft, which was provided by Adrian Schoolcraft to Graham Rayman mentioned on
page 96

of

The NYPD Tapes.

l3. A copy of the November 7 , 2012 "letter firing Norinsberg, Fitch, and Cohen from the case,"
which was provided by Adrian Schoolcraft to Graham Rayman mentioned on page 240 of
The NYPD Tapes.

of Adrian Schoolcraft regarding alleged misconduct by any current or
former members of the NYPD not otherwise listed above,

14, Any written accounts
15,

Any written accounts of Larry Schoolcraft regarding alleged misconduct by any current or
former members of the NYPD not otherwise listed above.

16,

Any written accounts of Adrian Schoolcraft regarding his confinement in Jamaica Hospital
Medical Center on or about October 31,2009 through November 6,2009 not otherwise
mentioned above.

17.Any written accounts of Larry Schoolcraft regarding his son, Adrian Schoolcraft's
confinement in Jamaica Hospital Medical Center on or about October 31, 2009 through
November 6,2009 not otherwise mentioned above,
18,

Any documents, emails, text messages, and/or recordings provided by Adrian Schoolcraft to
Graham Rayman regarding Adrian Schoolcraft's allegations of misconduct by any current or
former members of the NYPD not otherwise listed above.

19,

Any documents, emails, text messages, and/or recordings provided byLarry Schoolcraft to
Graham Rayman regarding Adrian Schoolcraft's allegations of misconduct by any current or
former members of the NYPD not otherwise listed above.

20. Any tape recordings provided to Graham Rayman from Adrian Schoolcraft or Larry
Schoolcraft regarding alleged misconduct by any current of former members of the NYPD
not otherwise listed above.
recordings provided to Graham Rayman from Adrian Schoolcraft or Larry
Schoolcraft regarding Adrian Schoolcraft's conf,rnement at Jamaica Hospital Medical Center
on or about October 31, 2009 through November 6,2009.

2l. Any tape
22.

Any agreements, contracts, and/or proof of payment regarding payment
Schoolcraft by Graham Rayman, the Village Voice, andlor Palgrave MacMillan.

23. Any agreements, contracts, andlor proof of paymentof Larry Schoolcraft
Rayman, the Village Voice, andlor Palgrave MacMillan.

a

of

by

Adrian
Graham

DEF'INITIONS

l.

The term "communication" is defined as the transmittal of information, whether
written or oral, in the form of facts, ideas, inquiries or otherwise,

2.

The term "document" includes all written, typed printed, recorded or graphic
statements, communications or other matters, however produced or reproduced, including, but
not limited to, all letters, notes, memoranda, e-mails, faxes, telegrams, telexes, cables, telephone
records, records, bills, invoices, ledgers, journals, bulletins, directives, instructions, reports,
memoranda of conversations, diaries, affidavits, briefs, pleadings, decrees, transcriptions,
recordings, computer records, photographs, diagrams, charts, drawings, graphs and other
writings, including all originals, copies, drafts and non-identical copies in the possession,
custody or control of Mr. Rayman or his representatives.

3, V/hen asked to "identify" a document, Mr, Rayman's response should (a) describe
the type of document (e.g., letter, memo, etc.), (b) identify the author, (c) specify the date written
or originated, (d) identify each person to whom the original or a copy was addressed andlor
delivered, and (e) identify each and every person who has ever had possession of the document.
4.

A document is within the "possession, custody or control" of Mr. Rayman or his
representatives, if Mr, Rayman or his representative has the right to secure the document or a
copy thereoffrom another person or entity having actual physical possession thereof.

5,

The term "person" is defined as any natural person or any business, corporation,
or
government entity or other association.

firm, partnership, proprietorship, joint venture, board, authority, commission, legal

6.

The term "coneerning" is defined as relating to, referring to, pertaining to,
alluding to, describing, detailing, embodying, evidenced, reflecting, comprising or constituting,
whether directly or indirectly, the subject matter identified in a specific interrogatory or
document request.

7.

The terms

8.

The terms "and" and "or" should be construed either disjunctively

9.

The use of the singular form of a word should be construed to include the plural

"all"

and "each" should be construed as all and each.

or
consecutively, as necessary to bring within the scope of each discovery request all responses or
document might otherwise be construed to be construed'to be outside of its scope.

form and vice versa.

10,

The use of the masculine form of a word should be construed to include the
feminine and neuter forms and vice versa.

lL

The use of the past tense form of a word should be construed to include the
present tense form and vice versa.

J