Schoolcraft v. The City Of New York et al

Filing 268

OPINION #104659: Discovery disputes have plagued this highly controversial action, perhaps understandably. The letters submitted by Plaintiff Adrian Schoolcraft ("Schoolcraft" or the "Plaintiff") on July 23, July 25, August 5, and August 12, 2014, defendant the City of New York (the "City") on July 29 and August 12, 2014, defendant Dr. Isak Isakov ("Dr. Isakov") on August 5, 2014, defendant Jamaica Hospital Medical Center ("JHMC") on July 24, 2014, and non-party witness Dr. Indira Patel ("Dr. Patel") on July 31, August 14, and August 15, 2014 are being treated as motions to compel discovery and oppositions to such motions, as set forth within. The following documents shall be produced by the City to Plaintiff (See Order). Plaintiff shall update his discovery responses pertaining to his financial and physical/emotional damages within two weeks of the filing of this Order. Given the aforementioned ruling on Dr. Patel's deposition, the motion of Dr. Isakov is denied as moot. It is so ordered. (See Order). (Signed by Judge Robert W. Sweet on 8/27/2014) (ajs) Modified on 9/2/2014 (ca).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

----------------------------------------x
ADRIAN SCHOOLCRAFT,
Plaintiff,

10 Civ. 6005

- against -

(RWS)

OPINION

CITY OF NEW YORK, et al.,
Defendants.

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A P P E A RA N C E S:
Attorneys for the Plaintiff
LAW OFFICE OF NATHANIEL B. SMITH
111 Broadway
Suite 1305
New York, NY 10006
By:
Nathaniel B. Smith, Esq.

USDCSDNY
DOCUMENT
ELECTRONICAL Y FILED
DOC#:

DATEFI-LE~D-:~~~-+4

Attorneys for the City Defendants
MICHAEL A. CARDOZO
CORPORATION COUNSEL OF THE CITY OF NEW YORK
100 Church Street
New York, NY 10007
By:
Ryan G. Shaffer, Esq.

Attorneys for Jamaica Hospital Medical Center
MARTIN CLEARWATER & BELL LLP
220 East 42nd Street, 13th Floor
New York, NY 10017
By:
Gregory John Radomisli, Esq.

Attorneys for Dr. Isak Isakov
IVONE, DEVINE AND JENSEN, LLP
2001 Marcus Avenue
Lake Success, NY 11042
By:
Brian Lee, Esq.

Attorneys for non-party Dr. Indira Patel
VOUTE, LOHRFINK, MAGRO & MCANDREW LLP
100 Park Avenue
New York, NY 10017
By: Mark McAndrew, Esq.

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Sweet, D.J.

Discovery disputes have plagued this highly
controversial action, perhaps understandably. The letters
submitted by Plaintiff Adrian Schoolcraft ("Schoolcraft" or the
"Plaintiff") on July 23, July 25, August 5, and August 12, 2014,
defendant the City of New York (the "City") on July 29 and
August 12, 2014, defendant Dr. Isak Isakov ("Dr. Isakov") on
August 5, 2014, defendant Jamaica Hospital Medical Center
("JHMC") on July 24, 2014, and non-party witness Dr. Indira
Patel ("Dr. Patel") on July 31, August 14, and August 15, 2014
are being treated as motions to compel discovery and oppositions
to such motions.

Prior Proceedings

A detailed

recitation

of

the

facts

of

the

case

is

provided in this Court's opinion dated May 6, 2011. See Schoolcraft
v . City of N . Y . ,

10 Ci v .

60 0 5 ,

2 011 WL 1 7 5 8 6 3 5 ,

at

*1

( S . D. N . Y .

May 6, 2011). Familiarity with those facts is assumed.

The instant motion concerns several issues related to
discovery. Plaintiff has moved for

(1) continuation of the

deposition of Sergeant Michael Purpi

2

("Sergeant Purpi") ;

( 2)

continuation of the deposition of Dr. Khin Mar Lwin ("Dr.
Lwin");

(3)

several outstanding documents Plaintiff had

requested from the City in discovery; and (4) an order for the
counsel representing Dr. Patel to limit his interference in
Plaintiff's deposition of Dr. Patel. The City has moved for
Plaintiff to update his discovery responses pertaining to his
financial and physical/emotional damages. Dr. Isakov has moved
to suppress Plaintiff's use of deposition recordings in his
current motions regarding the deposition of Dr. Patel.

The Deposition of Sergeant Purpi

The deposition of Sergeant Purpi will be continued for
one hour and a half. Short objections may be stated, but the
witness will answer all questions other than those to which an
objection based on privilege is made.

Document Production

The following documents shall be produced by the City
to Plaintiff:

Compstat, Trafficstat and comparable documents
relating to Patrol Borough Brooklyn North in which defendant
3

Deputy Inspector Steven Mauriello ("Mauriello"), defendant
Deputy Chief Michael Marino ("Marino") and defendant Captain
Theodore Lauterborn's ("Lauterborn") participated or had
knowledge concerning;

The Compstat-generated crime records of the 8lst
Precinct for October 31, 2009;

The Crime Reporting Handbook;

Documents demanded in Plaintiffs February 14, 2014
demand #51,

52 and Interrogatory #4;

The Early Intervention Unit file by Sergeant Weiss of
early spring 2009; and

The file maintained by the NYPD on the Plaintiff's
administrative appeal of his 2008 performance evaluation.

The Deposition of Dr. Levin

No further deposition of Dr. Levin will be taken.

The Deposition of Dr. Patel
4

··--··· -·-·---··-··-·

.. · - - - - - - - - - - - - - - - - - - - - - - - -

The deposition of Dr. Patel will be resumed for one
hour. All questions will be answered except those asked and an
objection on the ground of privilege is made. Grounds for any
objection will be briefly stated in the deposition.

Plaintiff's Discovery Responses

Plaintiff

shall

update

his

discovery

responses

pertaining to his financial and physical/emotional damages within
two weeks of the filing of this Order.

Dr. Isakov's Request

Given

the

aforementioned

ruling

on

Dr.

Patel's

deposition, the motion of Dr. Isakov is denied as moot.

It is so ordered.

Dated:

New Yo.Jf, New York
Augus/, 2014

Robe

5

Sweet, U.S.D.J.