Schoolcraft v. The City Of New York et al

Filing 287

UNSEALING ORDER: that the City of New York, including the Office of Corporation Counsel and the New York City Police Department, shall not be bound by the statutory sealing requirements of CPL §§ 160.50 and 160.55, as it relates to the videos at issue. The City Defendant shall produce non-party information subject to CPL §§ 160.50 and 160.55, contained on the subject videos, to plaintiff. The use of the above-referenced records is restricted to use in the above-entitled civil rights actions and shall be protected by plaintiff's counsel as "Attorneys' Eye Only," such that plaintiff's counsel may not disclose the non-party information on the videos to anyone other than employees of their firms, relevant deponents (and any court reporter/videographer at the deposition), and the Court. (Signed by Judge Robert W. Sweet on 11/5/2014) (tro)

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lif..04/005
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USDCSDNY

DOCUMENT
ELECTRONICALLY FILED
UNITED STATns DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
______________________________________________________________: _______________ x
ADRIAN SCHOOLCRAFT,

DOC #:

'

DATE FILED: \

Ii -.;=
es lFt

UNSEALING OUDE.K
Plaintiff,

10 Civ. 6005 (RWS)

-againstCITY OF NEW YORK, ET AL,
Defendants.
-----"------------------------------------------------------------------------ x
WHEREAS, plaintiff moved to compel the production

or certain

videos from Cil.y

Defendants;

WHF.RRAS, City Defendants opposed production of said videos on the basis that such
contained discussions prot.cctcd hy law enforcement pl"ivilcge and New York Criminal Procedure Law
("CPL") §§ 160.50 and 160. 55, and further, contained infonnation irrelevant to this action;
WHEREAS, on or ctbuut October 29, ·2014, this Court ordered City Defendants tu
produce certain CompStat and TrafficStat videos;

WHERRAS, City Defendants maintain that portions of the videos contain sensitive
information concerning nun-parties to this action, including arrest and prosecution information which
may be

sul~ject

to CPL§§ 160.50 and 160.55, that cannot be produced without an unsealing order;
IT IS HEREBY ORDERED that the City of New York, including the Office of

Corporation Counsel and the New York City Police Department, shall not be bound by the statutory
sealing requirements ufCPL §§ 160.50 and 160.55, as it relatus to the videos at issue;
IT IS l<,URTHER ORDERED that City Defendants p roducc non-pm1y information
subject to CPL§§ 160.50 and 160.55, contained

011

the

si1~ject

videos, to ph1intiff;

JT IS FURTHER OlIDEJlED that the use of the above-referenced rc(.;ords is restricted
to use in the above-entitled civil rights action und .shall b1.1 protected hy plaintiffs counsel as ''J\ttomcys'

i

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FAX

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Eyes Only," such that plaintiffs counsel may not disclose the non-party information on the vidcoR to

anyone other tlrnn employees of their firms; relcviti'lt deponents (and any court reporter/videographcr at
the deposition), and the Court.

Dated: New York, New York
November ~2014

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