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 G

LAW OFFICE OF

NATHANIEL

B.

SMITH

ATTORNEY AT LAW
111 BROADWAY
NEW Yo:ax. NEw YoRx 10006
TEL: (212) 227·7062
FAX: (212) :346-4665

NATBANIEL B. SMITH

October 25, 2013

Ms. Suzanna P. Mettham
Law Department
100 Church Street- Room 3-203
New York, New York 10007
Schoolcraft v. The City ofNew York, et al.,
10-cv-6005 (RWS)

Dear Ms. Mettham:
In response to your recent letters, I write to provide the following response:
1.
I object to the NYPD requirement that the plaintiff personally go to
One Police Plaza to obtain his digital recorder that you were ordered to return two
weeks ago. Please make arrangements to have the recorder delivered to my office
or make arrangements to authorize it to be picked up by my office. I also object to
the recorder being produced on November 1· 2013. Since I have been asking for it
for five months, and since you we ordered to tum it over two weeks ago, please do
so forthwith.
2.
Please explain to me why the three recordings by lAB of my client
(NYC 10458-60) were not previously produced. It appears that the recordings

2
LAW OFFICE OF

NATHANIEL

B.

SMITH

were withheld until after the plaintiffs deposition.
3.
I am in the process of reviewing the materials that you claim are still
subject to the AEO limitation and will let you know whether I agree with you or
not as soon as possible. Please provide me with copies of the documents you
identified as falling within the range of 7678-8092 because I have searched my file
for those documents and have been unable to locate them. It appears from a
February 19, 2013 transmittal letter to Mr. Gilbert that you forwarded to him as
item number 15 a CD containing those documents but I have not been able to
locate the documents or that CD.
4.
Since Judge Sweet said that all relevant disciplinary records should
not be subject to the AEO limitation, please confirm in writing by October 30th,
which is two days before the Mauriello deposition, that the records of the
disciplinary action taken against Mauriello arising from his conduct while the
commanding officer of the 81 st Precinct are not subject to the AEO provision.
5.
I have now received the transcripts of the plaintiffs deposition, which
is now completed, and will undertake to have all the transcripts reviewed in
accordance with Rule 30 of the Federal Rules of Civil Procedure. Since the
transcripts are extensive please let me know if you will consent to permitting an
additional30 days in which to make the review.
6.
I have reviewed my file for the "ten-page" document mentioned in
Mr. Rayman's book and have not been able to locate it. My client also has looked
for it in his files and has not been able to locate it. Finally, I have requested that
prior counsel undertake a review of their files to determine whether it can be
located and will inform you about the results of their search.
7.
As my client testified at his deposition, he does not have access to his
old email communications with the press that he was examined about at his
deposition. However, in my recent search of the file I did locate several emails
from other police officers who sent emails to prior counsel, Mr. Norinsberg, and
will be producing those documents after appropriate redactions as soon as possible.

3
LAW OFFICE OF

NATHANIEL

B.

SMITH

8.
As to the "1,000 hours" of recordings, I can only say that I am not
aware of any relevant recordings by the plaintiff that are being withheld and
assume that the referenced to "1 ,000" was a journalistic exaggeration.

N'A?
Nathaniel B. Smith

cc: All Counsel
Via Email