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 L

C Y OF NEW YORK
L¡,w Drp¡,RrivrnNr
THe

JEFFREY FRIEDLANDER
A cl

ing

C o rp

or at

ion Couns el

I OO

RYAN G. SHAFFER
Assistant Corporation Counsel
E-mai I : rshaffer@law,nyc, gov
Phone: [phone]
Fax: [phone]

CHURCH STREET

NEWYORK,NY

IOOOT

January 30,2074

BY HAND DELIVERY
Nathaniel Smith
A t t or ney .for P I ø i nt iff
1l I Broadway, Suite 1305
New York, New York 10006
Dear Mr. Smith:

As you are aware the Honorable Judge Sweet has allowed City Defendants to
depose plaintiff for an additional day in order to ask plaintiff whether he shared a letter written
by him to prior counsel with any third parties. Please find attached a notice for that deposition to
occur on Vy'ednesday February 79,2014.If plaintiff would rather not appear for another day of
deposition testimony City Defendants are willing to forego the deposition, and would accept
instead plaintifls sworn, notarized affidavit, as annexed hereto. If City Defendants do not
receive the signed affidavit by February 12,2014, the deposition will take place at 100 Church
Street on February 19,2014.

Thank you for your attention to this matter
S

stant

tion Counsel

Gregory John Radomisli (By Hand Delivery)
MRnrN CleeRwnrPn & Bell LLP
Altorneys for Jømaica Hospital Medical Center
220East 42nd Street 13th Floor
New York, NY 10017
Brian Lee (By Hand Delivery)
IVONE, DEVINE & JENSEN, LLP
Attorneys for Dr. Isak Isakov
2001 Marcus Avenue, Suite Nl00
Lake Success, New York 11042
Bruce M. Brady (By Hand DeliverY)
CALLAN, KOSTER, BRADY & BRENNAN, LLP
Attorneys for Lilliøn Aldana-Bernier
I Whitehall Street
New York, New York 10004
V/alter A. Kretz , Jr. (By Hand Delivery)
SCOPPETTA SEIFF KRETZ & ABERCROMBIE
Attorney for Defendant Mauriello
444Madison Avenue, 30th Floor
New York, NY 10022

2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
X

ADRIAN SCHOOLCRAFT,
NOTICE OF DEPOSITION

Plaintiff,
-against-

10 Civ.6005

(RwS)

THE CITY OF NEW YORK, ET AL.
Defendants
X

PLEASE TAKE NOTICE that pursuant to the Order of United States District Judge
Robert W. Sweet and Rute 30 of the Federal Rules of Civil Procedure, City Defendants will take the
continued deposition of

ADRIAN SCHOOLCRAFT, before a notary public or other officer

authorized

by law to administer oaths, at the offices of the New York Cify Corporation Counsel, located at,

100

Church Street, New York, New York, on February 19,2014 beginning at l0:00 a.m,, and continuing from
day to day thereafter, until concluded. The deposition

Dated:

will

be recorded by video and stenographic means.

New York, New York
January 30,2014
JEFFREY D. FRIEDLANDER
Acting Corporation Counsel of the City of New York
Att orney for C ity D efendants
100 Church Street
New York, New York 10007
(21 2)3
86
Fax: (21

Tel:

As

Counsel

gation Division

UNITED STATES DISTRICT COUR]

*1T_:ï."-1:l_1-

:ï'_Y

r:Y

__.______...___

ADRIAN SCHOOLCRAFT,
Plaintiff,
-against-

x

AFFIDAVIT OF
ADRIAN SCH OOLCRAFT
l0

cv

600s (RVis)

THE CITY OF NEW YORK, et al.,
Defendants

STATE OF NEV/
COLINTY

YORK

OF

)
: SS.:
)

Adrian Schoolcraft, being duly sworn, hereby states, under penalty of perjury and
pursuant to 28 U.S.C. 5 1746, that the following is true and correct:

1. I

am the plaintiff in this matter.

I

make this declaration based upon my personal

knowledge.

2.

By letter dated January 30,2014, counsel for defendant City of New York, requested that

the plaintiff provide an affidavit attesting to the fact that he never sent any

letters

(including but not limited to any letters referenced in "The NYPD Tapes" at p.240)
concerning firing his prior counsel

to any third party, including but not limited to

Leonard Levitt and/or Graham Rayman.

3. I did not provide, show, or otherwise dissemin ate any letters (including but not limited to
any letters referenced in "The NYPD Tapes" at p.240) concerning firing my prior counsel

to any third party, including but not limited to Leonard Levitt andlor Graham Rayman, or
any media outlet, including but not limited to newspapers, magazines, blogs, or television

networks, and

I do not know or havé any knowledge

whatsoever about whether anyone

may have done so.

4,

I did not provide, show, or otherwise disseminate any letters (including but not limited to
any letters referenced in "The NYPD Tapes" atp.240) concerning firing my prior counsel

to my father, Lar'.y Schoolcraft, or any family members and

I

do not know or have any

knowledge whatsoever about whether anyone may have done so.

5. I do not know or have any knowledge

whatsoever about who provided either Graham

Rayman, Leonard Levitt, or the Village Voice any letters (including but not limited to

any letters referenced

in "The NYPD Tapes" at p.240) concerning firing my

counsel.

Dated:

Adrian Schoolcraft

Sworn to before me this
2014

day

of

NOTARY PUBLIC

2

prior