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 M
AO 88 (l l/91) Subpoena in a Civil Case
United States District Court
NEW YORK
DISTRICT OF
NORTHERN
SUBPOENA IN A
Adrian Schoolcraft
CASE NUMBER:
V.
CIVI
CASE
13 MC 63 (DNHXDEP)
10 cv 600s (Rws)
The Cify of New York, et al.
TO:
Larcy Schoolcraft
196 County Highway 107
Johnstown, New York 12095
I yOU ARE COMMANDED to appear in the United
t
States District Court at the place, date, and time specified below to
testif, in
the above case
PLACE OF
AND TIME
[Xl YOU ARE COMMANDBD
to appear at
þlace, date, and time specified below to testif, at the taking of a deposition in
the above case
December ll,2013 at 10:00 A.M.
O'Connor, O'Connor, Bresee & First PC,20 Corporate Woods
New York 12211
Blvd.,
YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
tXì
place, date, and time specified below:
See
Exhibit 6(4" attached hereto for a list of items to be
O'Connor, O'Connor, Bresee & First PC,20 Corporate V/oods
Blvd., Albany, New York 12211
December 11,2013 at l0:00 A.M.
YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below
DATE
SU
ts
directors or managing agents or other persons who consent to testifl on its behalf, and may set forth for each person designated, the
Federal Rules of Civil Procedure 3
will testi
matters on which the
ISSUING
AND TITLE (INDICATE IF ATTORNEY
FOR
of New York
'S NAME, ADDRESS AND PHONE NUMBER
ISSUING O
Ryan G, Shaffer, Assistant Corporation Counsel
New York City Law Department, 100 Church Street
New York, New York 10007 (212) 356-2386
(See Rule 45, Federal Rules ofCivil Procedue,
A
November 21,2013
for
Parts C
& D on Reverse)
U9t
AO 88
in a Civil Case
PROOF OF SERVICE
SERVED
SERVICE
(PRINT NAME)
TITLE
SERVED
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United
information contained in the Proof of Service is true and correct.
States of America that the forgoing
Executed on
SIGNATURE OF SERVER
DATE
ADDRESS OF SERVER
a
-L-
Rule 45, Federal Rules of Civil Procedure, Parts C
&
D:
to travel from any such place within the state in which the trial is
(c) PROTECTION oF PERSONS SUBJECT TO SUBPOENAS
held, or
(l) A party or an attorney responsible for the issLance 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 sanction, which may include, but is not limited to, lost
earnings a¡d a reasonable attomey's fee.
(2XA) A person commanded to produce and permit
inspection and copying of designated books, papers, documents or
tangible things, or inspection of premises need not appear in person
at the place ofproduction or inspection unless commanded to appear
for deposition, hearing or trial.
(B) Subject to paragraph (dX2) of this rule, a pbrson
commanded to produce and permit inspection and copying may.
within 14 days after service of the subpoena or before the time
specilied for compliance if such time is less than l4 days after
service, serve upon the party or attorney designated in the subpoena
written ob.jection to inspection or copying of any or all of the
designated materials or of the premises, lf objection is made, the
party serving the subpoena shall not be entitled to inspect md 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 ally time for an order to compel the
production, Such an order to compel production shall protect any
person who is not a pafty or an officer of a party from significant
expense resulting from the inspection and copying commatded
(3XA) On timely motion, the court by which a subpoena
modifl the subpoena if it
was issued shall quash or
fa
s
to a ow reasonable tlme for
or
or
s
al,
a
an
the
ace
acts
the
to
-3-
i,
requires disclosure
of
privileged
or
other
protected matter and no exception or waiver applies, or
subjects a person to undue burden.
ii,
(B)
lfa
subpoena
(i)
requires disclosure of a trade secret or other
confìdential research, development, or commercial hformation, or
requires disclosure of an unretained expert's
opinion or information not describing speciflc 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
ofa party to incur substantial expense to travel more than 100 miles to
attend trial, the couft may, to protect a person subject to or affected by
the subpoen4 quash or modi! the subpoena or, if the party in whose
(ii)
(iii)
is issued shows a substantial need for the
testimony or material that cannot be otherwise met without undue
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
behalf the subpoena
(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 dema¡ld,
((
" To
oR
l.
SUBPO
TION OR
ro PBRn¡lr lNspncuoN op PRnrutsps Ix n CryIl Acrlol
Any and all documents or things, including but not limited to
audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documents or things, in any form or format, written by Lany Schoolcraft relevant to, related to,
or conceming plaintiff Adrian Schoolcraft's lawsuit against the City of New York and various
New York City Police Department Officers, pending in the Southern District of New York,
Docket No. l0 CV 6005 (R ws)
Y
School
captioned
2.
Any and all documents or things, including but not limited to
3.
Any and all documents or things, including but not limited to
4.
Any and all documents or things, including but not limited to
5.
Any and all documents or things, including but not limited to
audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documents or things, in any form or format, relevant to, related to, or concerning any damages
allegedly incurred by Lany Schoolcraft personally to date in connection with plaintiff Adrian
Schoolcraft's lawsuit against the City of New York and various New York City Police
Department Officers, pending in the Southern District of New York, captioned Adrian
. Citv of New York. et al Docket No, 10 CV 6005 (RV/S).
S
audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documents or things, in any form or format, that relate to all complaints made by Latty
Schoolcraft to any city, state, andlor federal government agency including, but not limited to, the
NYPD Quality Assurance Division ("QAD"), the NYPD's Internal Affairs Bureau ("IAB") of
the New York City Police Departnlent, the United States Department of Justice, any District
Attorney's Office, the Federal Bureau of Investigation, any elected official or representatives,
and attorney general and/or inspector general offices in reference to the wrongful acts and/or
omissions alleged in plaintiff Adrian Schoolcraft's lawsuit against the City of New York and
various New York City Police Department Officers, pending in the Southern District of New
York, captioned Adrian Schoolcraft v. City of New York. et al., Docket No. l0 CV 6005 (RV/S).
audiotapes,
videotapes, or other electronic recordings, emails, letters, joumals or diary entries or notes or like
documents or things, in any form or format, that relate to all complaints made by Larry
Schoolcraft to any non-governmental agency or organization in reference to the wrongful acts
andlor omissions alleged in plaintiff Adrian Schoolcraft's lawsuit against the City of New York
and various New York City Police Department Off,tcers, pending in the Southern District of New
York, captioned Adrian Schoolcraft v. City of New York. et al,, Docket No. l0 CV 6005 (RV/S).
audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documents or things, in any form or format, that relate to any communications, interviews,
conversations, or meetings Larry Schoolcraft has had with any media outlet regarding the
allegations of the instant lawsuit, including, but not limited to blogs, newspapers, radio stations,
independent reporters, and magazines in reference to the wrongful acts and/or omissions alleged
in plaintiff Adrian Schoolcraft's lawsuit against the City of New York and various New York
City Police Department Officers, pending in the Southern District of New York, captioned
Adrian Schoolcraft v. City of New York. et al,, Docket No, l0 CV 6005 (RWS)'
6.
Any and all documents or things, including but not limited to
audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documénts or things, in any form or format, relevant to, related to, or concerning
communications between Larry Schoolcraft and David Durk in reference to the wrongful acts
and/or omissions alleged in plaintiff Adrian Schoolcraft's lawsuit against the City of New York
and various New York City Police Department Officers, pending in the Southem District of New
York, captioned Adrian Schoolcraft v. City of New York. et al., Docket No. 10 CV 6005 (RWS).
7.
Any and all documents or things, including but not limited to
audiotapes,
videotapes, or other electronic recordings, emails, letters, joumals or diary entries or notes or like
documents or things, in any form or format, relevant to, related to, or concerning
communications between Larry Schoolcraft and Leonard Levitt in reference to the wrongful acts
and/or omissions alleged in plaintifT Adrian Schoolcraft's lawsuit against the City of New York
and various New York City Police Department Officers, pending in the Southern District of New
York, captioned Adrian Schoolcraft v. City of New York. et al., DocketNo, 10 CV 6005 (RWS)'
documents or things, including but not limited to audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documents or things, in any form or format, relevant to, related to, or concerning
communications between Larry Schoolcraft and Adrian Schoolcraft in reference to the wrongful
acts and/or omissions alleged in plaintiff Adrian Schoolcraft's lawsuit against the City of New
York and various New York City Police Department Officers, pending in the Southern District
of New York, captioned Adrian SchoÒlcraft v. City of New York. et al., Docket No. 10 CV 6005
8.
Any and all
9.
Any and all documents or things, including but not limited to
(Rws).
audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documents or things, in any form or format, relevant to, related to, or concerning
communications between Larry Schoolcraft and Graham Rayman in reference to the wrongful
acts and/or omissions alleged in plaintiff Adrian Schoolcraft's lawsuit against the City of New
York and various New York City Police Department Officers, pending in the Southern District
of New York, captioned Adrian Schoolcraft v. City of New York. et al., Docket No. l0 CV 6005
tRws).
10. Any and all documents or things, including but not limited to audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documents or things, in any form or format, that relate to any communications, interviews,
conversations, or meetings Larry Schoolcraft has had with the Patrolman's Benevolent
association ("PBA") regarding the wrongful acts andlor omissions alleged in plaintiff Adrian
Schoolcraft's lawsuit against the City of New York and various New York City Police
Department Officers, pending in the Southern District of New York, captioned Adrian
Schoolcraft v. City of New York. et al., Docket No. 10 CV 6005 (RV/S)'
1
-L-
L
A copy of any and all personal diaries, web-pages, or blogs that were maintained
I
-behalf
of Larry Schoolcraft from 2007 to the present concerning the subject
or created by or on
matter of plâintiff Adrian Schoolcraft's lawsuit against the City of New York and various New
York CityPolice Department Officers, pending in the Southern District of New York, captioned
Adrian Schoolcraft v, City of New York. et al., Docket No. l0 CV 6005 (RViS).
12, Any and all documents or things, including but not limited to audiotapes,
videotapes, or othér electronic recordings, emails, letters, journals or diary entries or notes or like
documents or things, in any form or format, that relate to all statements Lany Schoolcraft took
from plaintiff Adrian Schoolcraft's landlord and/or plaintiff Adrian Schoolcraft's neighbors at
82-60 88tnPlace, Glendale, NY 11385 regarding the wrongful acts andior omissions alleged in
plaintiff Adrian Schoolcraft's lawsuit'against the City of New York and various New York City
Þolice Department Officers, pending in the Southern District of New York, captioned Adrian
. Docket No. 10 CV 6005 (Rws).
. Citv of New
School
13. Any and all documents or things, including but not limited to
audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documents or things, in any form or format, that relate to al I communications made by Lany
Schoolcraft to Mayor Bloomberg's Office in reference to the wrongful acts and/or omissions
alleged in plaintiff Adrian Schoolcraft's lawsuit against the City of New York and various New
York City Police Department Officers, pending in the Southern District of New York, captioned
Adrian Schoolcraft v. City of New Y,gß. et al., Docket No. l0 CV 6005 (R ws)
14. Any and all documents or things, including but not limited to audiotapes,
videotapes, or other electronic recordings, emails, letters, joumals or diary entries or notes or like
documents or things, in any form or format, that relate to all communications with Mayor
Bloomberg's Office in reference to inquiries made by Lany Schoolcraft as to the reason plaintiff
Adrian Schoolcraft was being deprived the right to appeal his performance evaluation, as
plaintiff alleged in his lawsuit against the City of New York and various New York City Police
Department Officers, pending in the Southern District of New York, captioned Adrian
. Docket No. 10 CV 6005 (Rws)
. Citv of New York,
S
15. Any and all documents or things, including but not limited to audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documents or things, in any form or format, relevant to, related to, or concerning
communications between Larry Schoolcraft and Jon Norinsberg, Esq., or any employee of Mr.
Norinsberg's law firm, in reference t0 the wrongful acts andlor omissions alleged in plaintiff
Adrian Schoolcraft's lawsuit against the City of New York and various New York City Police
Department Officers, pending in the Southern District of New York, captioned Adrian
Schoolcraft v. Citv of New York. et al.. Docket No. l0 CV 6005 (RV/S).
16. Any and all documehts or things, including but not limited to audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documents or things, in any form or format, relevant to, related to, or concerning
communications between Larry Schoolcraft and Joshua Fitch and/or Gerald Cohen, or any
employee of Cohen & Fitch, LLP, in reference to the wrongful acts andlor omissions alleged in
plaintiff Adrian Schoolcraft's lawsuit against the City of New York and various New York City
-3
-
Police Department Officers, pending in the Southern District of New York, captioned Adrian
Schoolcraft v. City of New York. et al.. Docket No. 10 CV 6005 (RV/S).
17. Any and all documents or things, including
but not limited to
audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documénts or things, in any form or format, relevant to, related to, or concerning
communications between Larry Schoolcraft and Nathaniel Smith, John Lenoir, Howard Suckle,
and/or Magdalena Bauza, in connection with the allegations set forth in the lawsuit captioned
Adrian Schoolcraft v. city of New York. et al.. Docket No. 10 cv 6005 (Rws),
but not limited to audiotapes,
letters, journals or diary entries or notes or like
videotapes, or other electronic recordiiigs, emails,
18. Any and all documents or things, including
documents or things, in any form or format, relevant to, related to, or concerning
communications betwe en Lany Schoolcraft and Ch¡istopher Dunn, or any employee of the New
York Civil Liberties Union, in reference to the wrongful acts and/or omissions alleged in
plaintiff Adrian Schoolcraft's lawsuit against the City of New York and various New York City
Police Department Officers, pending in the Southern District of New York, captioned Adrian
Schoolcraft v, City of New York. et al.. Docket No, l0 CV 6005 (RWS)'
19. Any and all documents or things, including
but not limited to
audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documents or things, in any forrn or format, relevant to, related to, or concerning
communications between Larry Schoolcraft and any employees of the New York Times
Company, in reference to the wrongful acts and/or omissions alleged in plaintiff Adrian
Schoolcraft's lawsuit against the City of New York and various New York City Police
Department Off,rcers, pending in the Southern District of New York, captioned Adrian
Schoolcraft v. City of New York. et al.. Docket No, 10 CV 6005 (RViS).
but not limited to audiotapes,
letters, journals or diary entries or notes or like
videotapes, or other electronic recordings, emails,
20. Any and all documents or things, including
documents or things, in any foffn or format, relevant to, related to, or concerning
communications between Larry Sóhoolcraft and any employees of the Village Voice, in
reference to the wrongful acts and/or omissions alleged in plaintiff Adrian Schoolcraft's lawsuit
against the City of New York and various New York City Police Department Officers, pending
of New York. et al..
in the Southern District of New York, captioned Adrian Schoolcraft
Docket No, 10 CV 6005 (RV/S)
21. Any and all documents or things, including
but not limited to
audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documents or things, in arry form or format, relevant to, related to, or concerning
communications between Lany Schoolcraft and any current or former member of the New York
City Police Department in referencé to the wrongful acts and/or alleged in plaintiff Adrian
Schoolcraft's lawsuit against the City of New York and various New York City Police
Department Officers, pending in the Southern District of New York, captioned Adrian
Schoolcraft v. City of New York. et al.. Docket No. l0 CV 6005 (RV/S).
-4-
22. Any and all documents or things, including
but not limited to
audiotapes,
videotapes, or other electronic recordings, emails, letters, journals or diary entries or notes or like
documénts or things, in any form or format, relevant to, related to, or concerning
communications between Larry Schoolcraft and any member of the Queens County District
Attorney's Office in reference to the wrongful acts and/or omissions alleged in plaintiff Adrian
Schoolcraft's lawsuit against the City of New York and various New York City Police
Department Officers, pending in the Southern District of New York, captioned Adrian
Docket No. l0 CV 6005 (RWS)
lcraft v
23.
Any and all recording devices in the possession of Larry Schoolcraft.
DEFINITIONS
1.
'When
City Defendants refer to "plaintiff Adrian Schoolcraft's lawsuit pending in
the Southern District of New York, captioned Adrian Schoolcraft v. City of New York. et al'.
Docket No. l0 CV 6005 (RV/S)," (a copy of which is annexed hereto as Exhibit "B"), City
Defendants refer generally to plaintiff Adrian Schoolcraft claims that he was retaliated against by
his peers and superiors at the NYPD following his attempts to document and expose alleged
quoiur, crime complaint manipulation, and general misconduct at the 81tt Precinct. Plaintiff
further claims that he was falsely arrested in his apartment on October 37,2009, and that he was
involuntarily committed to Jamaica Hospital Medical Center for six days immediately following
that incident. Finally, plaintiff claims that defendants harassed plaintiff at his home in
Johnstown, New York in an attempt to discourage plaintiff from going public with his
allegations of misconduct,
2.
The term "communication" is defined as the transmittal of information, whether
written or oral, in the form of facts, ideas, inquiries or otherwise,
3.
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. Schoolcraft or his representatives.
4,
V/hen asked to "identify" a document, Mr. Schoolcraft'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,
5.
A document is within the "possession, custody or control" of Mr. Schoolcraft or
his representatives, if Mr. Schoolcraft or his representative has the right to secure the document
or a copy thereoffrom another person or entity having actual physical possession thereof,
-5-
6.
The term "person" is defined as any natural person or any business, corporation,
frrm, partnership, proprietorship, joint ventute, board, authority, commission, legal or
government entity or other association.
The term "concerning" 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
7.
document request.
8.
The terms "all" and "each" should be construed as all and each'
9.
The terms "and" and "or" should be construed either disjunctively or
10.
The use of the singular form of a word should be construed to include the plural
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.
l.
The use of the masculine form of a word should be construed to include the
feminine and neuter forms and vice versa.
I
12,
The use of the past tense form of a word should be construed to include the
present tense form and vice versa.
-6-