Schoolcraft v. The City Of New York et al
Filing
269
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION for Local Rule 37.2 Conference Motion to Compel Plaintiff's Expert Discovery addressed to Judge Robert W. Sweet from Suzanna Publicker Mettham dated September 4, 2014. 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), The City Of New York, 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)(Mettham, Suzanna) Modified on 9/5/2014 (db).
EXHIBIT D
Tne Crrv oF NEW Yonx
L¡.w DnpnRTMENT
ZACHARY \ry, CARTER
CHURCH STREET
NEW YORK, NEW YORK IOOOT
IOO
Corporalion Counsel
SUZANNA PUBLICKER METTHAM
A ssi s lanl C orpora ti on C ounse I
E-mail : smettham@law nyc, gov
Phone: (212) 356-2372
Fax: (212) 788-9776
August 21,2074
BY FIRST CLASS MAIL & E-MAIL
Nathaniel Smith
Attorney for Plaintiff
I I I Broadway, Suite 1305
New York, New York 10006
Re:
Schoolcraft v, The City of New York. et al.
lo cv 600s (RWS)
Counsel:
City Defendants write in regard to outstanding discovery matters, and with rcgard
to certain deficiencies in plaintiffls expert disclosures pursuant to Fed. R. Civ, P.26(a)(2)(B) in
the above-referenced action,
A.
Gun Amnestv 30(bX6l Witness
Based on the Court's July 30th Order, the City will be producing a 30(bX6)
witness on the Gun Amnesty Program. That witness is available on September 3,9-11, 15,17,
23-24, and 26. Please confirm your availability.
B.
Overtime 30(bX6) Witness
Based on the Court's July 30th Order, the City will be producing a 30(bX6)
witness on Overtime. That witness will be Sgt. Purpi, If plaintiff agrees to withdraw in writing
those portions of his motion to compel, City Defendants will also permit Sgt, Purpi to answer the
following questions not that the witness was directed not to answer at his last deposition, which
plaintiff opposed in a letter to the Court:
1.
2.
From Paragraph (1) of Plaintiffs July 23rd Letter: "a question about specific
discussions that he had with his supervisors about preparing for the deposition,"
From Paragraph (3) of Plaintiffs July 23rd Letter: "questions about his current
duties, which he described as being the Training and Traffic Sergeant at the 8l st
Precinct, "
3.
From Paragraph (a) of Plaintiffs July 23rd Letter: "questions about whether he
believed that he was qualified to speak as a City witness on the subject of the
amount of time Police Officers receive training during roll call."
If this is agreeable to you, Sgt. Purpi is available on September 9-ll, 15, and
you will not agree to withdraw those portions of the motion to compel, then we will
produce a witness solely on the Overtime issue until after the Court has ruled on the questions
17
lf
listed above.
C.
Depositions of Drs. Lubit and Halpren-Ruder
City Defendants will require half a day each for Drs. Lubit and Halpren-Ruder.
City Defendants areavailable for their depositions on September3-4,9-11, 15, 17,23-24, and
26. Please confirm the witnesses' availability.
D.
Depositions of Silverman and Eterno
City Defendants will require a full day each for Silverman and Eterno. City
Defendants are available for their depositions any day from September 1 6-26. Please confirm the
witnesses' availability.
E.
Payment of Plaintiffs' Experts
In order to pay plaintiffs experts in advance, City Defendants require the
following documents and information, at least 2-3 weeks prior to the date of payment:
1.
2.
3.
4.
5.
6.
7.
An itemized invoice from each expert
Each expert's tax identification number
The entity type (i,e.sole proprietor,
corporation)
joint venture, partnership,
for-profit
Each expert's legal business name
Each expert's DBA Name (if any)
Each expert's address
Contact information, including a telephone numbers, fax numbers, and email
addresses
F.
Prior Deposition Testimony of Plaintiffs'Experts
In regards to your letter dated August 19th, you have indicated that you did
provide the cases in which experts Lubit, Eterno, and Silverman have testified in the last four
years. However, you have not provided the case or docket numbers, the courts, full captions, or
even states in which this testimony took place. This is insufficient for Rule 26 purposes. Please
provide the information by Tuesday, August 26th, or we will be moving the Court for the
information.
G.
Materials Relied Upon by Silverman and Eterno
In regards to your letter dated August l9th, you have indicated that you will not
provide any of the materials requested by City Defendants that were relied on by experts
Silverman and Eterno, This is insufficient for Rule 26 purposes and the materials are required for
the depositions of the witnesses, Please provide the information by Tuesday, August 26th, or we
will be moving the Court for the information.
2
H.
tst Summarv .Iudsment Motion
Additional Pases for Citv D
In my letter dated July 30th, I asked that plaintiff indicate by August l5th any
claims or defendants that he was willing to withdraw, Plaintiff has refused to withdraw any.
Therefore, I will be asking the Court for an additional 15 pages for the summary judgment
motion to be able to address all of plaintiffs claims and defendants. Please advise by no later
than Tuesday, August 26th whether you will consent to such a request.
I.
Conclusion
Please immediately forward the aforementioned information and documentation
from plaintiffls experts to avoid unnecessary Court intervention.
Sincerely yours,
Suzanna Publicker Mettham
Assistant Corporation Counsel
Special Federal Litigation Division
cc
Gregory John Radomisli (By First-Class Mail & E-Mail)
MnRrn CIpRRwRTER & BELL LLP
Attorneys for Jamaica Hospital Medical Center
220 East 42nd Street 13th Floor
New York, NY 10017
Brian Lee (By First-Class Mail & E-Mail)
IVONE, DEVINE & JENSEN, LLP
Attorneys for Dr, Isak Isakov
2001 Marcus Avenue, Suite Nl00
Lake Success, New York 11042
Bruce M. Brady (By First-Class Mail & E-Mail)
CALLAN, KOSTER, BRADY & BRENNAN, LLP
Attorneys þr Lillian Aldqna- Bernier
I Whitehall Street
New York, New York 10004
Walter A, Kretz, Jr. (By First-Class Mail & E-Mail)
SCOPPETTA SEIFF KRETZ & ABERCROMBIE
Attorney for Defendant Mauriello
444 Madison Avenue, 30th Floor
New York, NY 10022
a
J