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 G

Cases that Roy Lubit MD has provided testimony in for four years preceding July 2014
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Arruda deposition, personal injury 2014
Braden, ADA 2013
Campbell Custody Case September 2012
Carvajal v Mehalic: 07 -CV -00170 (PAC). Personal Injury Suit, August 20, Sept 17,
Nov 7, 2010: deposition
Carvajal v Mehalic: 07 -CV -00170 (PAC). Personal Injury Suit, trial testimony 2010
Cotton v Peate et al: Personal Injury Case, US District Court Missouri, Feb 22, 2011;
Cause No. 07-4052-CV-C-NKL
Deleon, deposition personal injury July 8, 2014
Diaz Torres custody case July 28 and August 1, 2011
Evans September 26, 2012 Deposition by video
Friedman, Steven v ACS et al Federal Court Eastern District, trial, Oct 28, 2010
Gjonlekic January 2010: mental health case, release after being found NGRI,
Indictment No 3985/88 Queens Supreme Court: trial
Grimeh v Grimeh index no: 8902/05: Child Custody Case Westchester Supreme
Court 2010: trial
Hansen v Rite Aide, Deposition and Trial Testimony; personal injury case 2013
Hunter Rivera custody case Oct 26, 2011 Bronx Family Court
Isaacs: Child Custody Case Ohio May 13, 2008: trial
Ivan v Ivan Custody Case, Bronx Family Court December 18, 2012
Kaiser Custody Case May 15,2012, CT
Kelly v State of Louisiana No. 2009-14162 April14, 2014
Kulikowski personal injury suit, deposition December 27, 2011
Lane: Article 10 May 2009: trial, Brooklyn Supreme Court, Index No sp54/2006
Mann personal injury suit June 28, 2012 deposition
Arruda v Maryknoll sexual abuse 2013
Mendez December 14, 2011 court testimony, criminal case
Monaco v Hogan: class action mental health suit, 98-CV-3386 (E.D.N.Y.) deposition
December 17, 2012
Okezie v Prince George's County, personal injury case Feb 28, 2014
Portmann Custody Case, Wisconsin, June 7, 2012
Quon Housing case February 2012
Rotell personal injury Jan 16, 2014
Rudin v Rudin child custody case, Rockland County February 2014
Swinson Brewington Custody Case, Brooklyn Family Court spring 2012 and Jan.
2013
Tigani vs School District, Personal Injury Suit, March 2012
Wallack, physician's license 2013
Wang vs IBM employment, December 19,2012, deposition
Ward v Winfield Deposition May 16

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Whitfield Guardianship, Queens Supreme, November 2012
Whitten personal injury Nov 12 and Dec 20, 2013
Zuckley v Zuckley A-06-09-61708-C19 Child Custody Case July 12 and Aug 23,
2010, Doylstown Pennsylvania
Laster Bennacer, custody case, trial testimony May 17, 2013
US Army v Ortega, criminal case April 1, 2013 trial testimony
Monaco Hogan, civil rights and malpractice depo: February 28, 2012, April3, 2012
Dec 17, 2012; July 11, 2013, August 21, 2013, September 17, 2013
Several sealed cases done for law firm of Einsenberg and Baum

9

"Talking Crime Rates with a Tough Crowd," Law Enforcement News,
January 31, 1996, Vol. XXII, No. 438.
"Community Policing:
The
Implementation Gap,"
in
Peter C.
Kratcowski and Duane Dukes (Eds.) Issues in Community Policing,
Cincinnati, OH: Anderson, 1995.
"Community Policing: Implementation Lessons," Proceedings of the
Conference on the International Perspectives on Crime, Drugs and
Public Disorder, New York: John Jay College, 1995).
"Community Policing Training: Just How Real is it
Enforcement News, Vol. 20. No. 40. November 31, 1994.

Anyway"

Law

"Community Policing Training: How to Realize an Elusive Concept,"
Law Enforcement News, Volume 20, No. 411, November 15, 1994.
Additional criminal justice publications available on request.

CRIMINAL JUSTICE CONSULTANCY,
TRAINING AND EXPERT WITNESS

Witness, Floyd v. City of New York, 2013
Expert Witness, Stimson v. City of New York, 2014
Special Assistant,
Office of Assistant Attorney General
Administration, Department of Justice, Washington, D.C.

for

Maryland State Police, consultant for revisions in policies,
training and operations in patrol and traffic stops
Expert Witness, Nunavet, Canada, crime analysis regarding
domestic violence and homicide
Expert Witness, New York State Public Employment Review Board
regarding police morale and salaries
Expert Witness, regarding New Jersey county treatment of
correctional employee
New York City Police Department--design and participation in
Executive Development
Program Productivity Training Program,
trainer in police leadership program. Leadership Training
New York State Division of Parole and New York State Department of
Corrections--Trainer and Facilitator in Executive Development and
Management

10
New York City Health and
management and supervision.
Consultant,
robberies

New

York

Hospital

Bankers

Corporation,

Association,

trainer

preventing

in
bank

Program Evaluation, Proposal for Criminal Justice Masters Program,
Molloy College, March 23, 2007
Program Evaluation, Graduate Program in Criminal Justice, Monmouth
University, May 26, 2007.
OTHER SELECTED PUBLICATIONS
"A New Integrated Financial System," in Thomas
Contemporary Public Budgeting (Transaction, 1981)

Lynch

(ed.)

"Budgetary Processes and Financial Administration," Chapter in Jae
T. Kim (ed.) Handbook of Public Administration, (Dubuque, Iowa:
Kendall-Hunt, 198u.
"PPB on the
State Level:
The Case
Bureaucrat, Vol. 4, No. 2, July 1975.
"Legislative Budgetary
Government, Spring 1975.

Oversight

in

of
New

Pennsylvania,"
York

State,"

The
State

"Productivity in Government: A Note of Caution," The American
Review of Public Administration, Volume 7, No. 3, July 1973.
Book Review, Governors, Legislatures and Budgets:
Diversity
across the American States, edited by Edward J. Clench and Thomas
P. Lauth, Publius, The Journal of Federalism, volume 22, Number 2,
Spring 1992.
"Public
Budgeting
and
Public
Administration:
Enter
the
Legislature," in Albert C. Hyde and Jay M. Shafritz
(Eds.)
Government Budgeting: Theory,
Process and Politics
(Chicago:
Moore, 1978).
"New York City Revenues: The Federal and State Role," in The
Fiscal Crisis of American Cities: Essays on the Political Economy
of Urban America with Special Emphasis on New York, Roger Alcaly
and David Mermelstein (eds.), New York: Vintage Books (Random
House), 1977.
"Taxation as a Policy Issue," Policy Studies Journal, Winter 1974,
l. 3, No. 2.

J.A. Eterno,CV 4

International Police Executive Symposium.
10/2011 -present

Board of Directors, American Academy ofLaw Enforcement
Professionals, Long Island

2010

Peer reviewer Investigative Sciences Journal

1/2000 - present

Peer reviewer Police Practice and Research: An International
Journal.

2005-2007

Peer reviewer Journal of Criminal Justice and Popular Culture.

2001-2002

Peer Reviewer for Office of Community Oriented Policing
Services (COPS), National Institute of Justice. Peer review
materials for publication.

Consulting/Expert Witnessffestimony:
2014

Expert Witness in Schoolcraft v. City ofNew York

2014

Expert Witness in Stinson v. City ofNew York

2013

Delegate to the United Nations for the International Police
Executive Symposium

2012

Assessed Nassau Community College's Criminal Justice program
with the assistance ofDr. Barbara Morrell of St. Joseph's College.
This included interviews, site visit, and preparation of detailed
written report including future recommendations for the program.
Completed May 24, 2012.

2012

Invited participant to New York State Assembly's Standing
Committee on Codes, Standing Committee on Corrections, and
New York State Black, Puerto Rican, Hispanic, and Asical
Legislative Caucus Roundtable on "An examination of stop and
frisk policy and practice" May 18, 2012

2008

Expert Witness for Robbins, Russell, Englert, Orseck, Untereiner &
Sauber LLP to provide expert opinions in the case of Keenan M.
Scott, Thomas Logan, John Loomis, Robert Davison, and Michael C.
DeMartino, Plaintiffs v. City ofNew York and The New York City
Police Department, Defendants -United States Southern District of
New York 02 Civ. 9530 (SAS-THK). Provide expertise and
testimony on police culture and management with emphasis on

JA. Eterno,CV 5

NYPD. Expert Report prepared and delivered on June 21, 2008.
Deposed, August 22, 2008. Testified and recognized by court as
expert on police management and policing on November 13, 2008.
2005-2007

Research Consultant for United States Department of Justice.
Consult on problem-solving and assessment ofPublic Housing
Safety Initiative in 75 and 101 Precincts. This involves assisting
various criminal justice agencies on how to adopt effective
strategies for improving the quality of life in specific areas,
measuring the effectiveness of the innovations, and then using the
assessments to re-organize the strategies. Prepared, "Public
Housing Safety Initiative- Final Report." Submitted to United
States Attorney's Office, Eastern District ofNew YorkNovember, 2007.

1999-2003

Research Consultant with National Development and Research
Institutes (NDRI). Consult on survey development, questionnaire
design, question wording, research methods, and other policing
related criteria for Policing Supplement to Arrestee Drug Abuse
Monitoring Program (ADAM) survey.

2002

Deposition as representative for NYPD at civil lawsuit on
November 19, 2002 regarding stop and frisk practices of the
Department. My testimony was on research and work I conducted
creating and analyzing a large database consisting of all Stop and
Frisk Reports prepared by sworn officers since 1994. I also
testified regarding my policy recommendations and assistance I
gave in writing press releases on stop and frisk.

1994-1996

Testified and represented the NYPD at the New York State
Municipal Police Training Council (MPTC) from 3/94 to 8/96.
Testified on the research I conducted supporting a physical
standard for the NYPD's police officer candidates. The MPTC
sets the minimum training standards for most police agencies in
New York State.

1994

Testified and represented the NYPD before New York State
Civil Rights Commission regarding the research I conducted to
support raising age ofpolice recruits from 20 to 22 in 1994.

Peer Reviewed Journal Publications:
Eterno, John A., Arvind Verma & Eli B. Silverman 2014. "Police Performance
Management: Do Managerial Pressures Influence Police Manipulation of Crime