Schoolcraft v. The City Of New York et al

Filing 295

DECLARATION of Gregory J. Radomisli in Opposition re: 290 MOTION to Amend/Correct .. Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C part 1, # 4 Exhibit Exhibit C part 2, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E part 1, # 7 Exhibit Exhibit E part 2, # 8 Exhibit Exhibit E part 3, # 9 Exhibit Exhibit F, # 10 Exhibit Exhibit G, # 11 Exhibit Exhibit H, # 12 Exhibit Exhibit I, # 13 Exhibit Exhibit J, # 14 Exhibit Exhibit K, # 15 Exhibit Exhibit L, # 16 Exhibit Exhibit M, # 17 Exhibit Exhibit N, # 18 Exhibit Exhibit O, # 19 Exhibit Exhibit P, # 20 Exhibit Exhibit Q, # 21 Exhibit Exhibit R, # 22 Exhibit Exhibit S, # 23 Exhibit Exhibit T, # 24 Exhibit Exhibit U, # 25 Exhibit Exhibit V, # 26 Exhibit Exhibit X)(Osterman, Brian)

GJR/da

82-82153

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
.................................................................... .........X
ADRIAN SCHOOLCRAFT,
Plaintiff,

DECLARATION
Civil Action No.:
10 CIV 6005 (RWS)

-againstTHE CITY OF NEW YORK, DEPUTY CHIEF
MICHAEL MARINO, Tax Id. 873220, Individually
and in his Official Capacity, ASSISTANT CHIEF
PATROL BOROUGH BROOKLYN NORTH
GERALD NELSON, Tax Id. 912370, Individually and
in his Official Capacity, DEPUTY INSPECTOR
STEVEN MAURIELLO, Tax Id. 895117, Individually
and in his Official Capacity CAPTAIN THEODORE
LAUTERBORN, Tax Id. 897840, Individually and in
his Official Capacity, LIEUTENANT JOSEPH GOFF,
Tax Id. 894025, Individually and in his Official
Capacity, SGT. FREDERICK SAWYER, Shield No.
2576, Individually and in his Official Capacity,
SERGEANT KURT DUNCAN, Shield No. 2483,
Individually and in his Official Capacity,
LIEUTENANT CHRISTOPHER BROSCHART, Tax
Id. 915354, Individually and in his Official Capacity,
LIEUTENANT TIMOTHY CAUGHEY, Tax Id.
885374, Individually and in his Official Capacity,
SERGEANT SHANTEL JAMES, Shield No. 3004,
AND P.O.’s "JOHN DOE" #1-50, Individually arid in
their Official Capacity (the name John Doe being
fictitious, as the true names are presently unknown)
(collectively referred to as "NYPD defendants"),
JAMAICA HOSPITAL MEDICAL CENTER, DR.
ISAK ISAKOV, Individually and in his Official
Capacity, DR. LILIAN ALDANA-BERNIER,
Individually and in her Official Capacity and
JAMAICA HOSPITAL MEDICAL CENTER
EMPLOYEE'S "JOHN DOE" # 1-50, Individually and
in their Official Capacity (the name John Doe being
fictitious, as the true names are presently unknown),
Defendants.
....................................................... -.....................X

GREGORY J. RADOMISLI, declares the following pursuant to 28 USC §1746,
under penalty of perjury:

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1.

I am a Member of Martin Clearwater & Bell

llp,

attorneys of record for

defendant JAMAICA HOSPITAL MEDICAL CENTER and am fully familiar with the facts
and circumstances of this action by virtue of a review of the file in my office.
2.

This Declaration is respectfully in opposition to plaintiffs motion pursuant to

Rule 15 of the Federal Rules of Civil Procedure to file a Third Amended Complaint.
3.

As discussed in detail in the accompanying Memorandum of Law, plaintiffs

motion should be denied for the following reasons:
a)

Plaintiffs counsel has not demonstrated good cause to amend the Rule

16 Scheduling Orders;
b)

Plaintiffs counsel cannot meet the standard for leave to amend because

of undue delay, futility, undue prejudice and bad faith.
4.

Attached hereto are true copies of the following Exhibits:

a) Exhibit A - Plaintiffs Summons and Complaint dated August 8, 2010;
b) Exhibit B - Defendant Jamaica Hospital’s Answer dated September 7, 2010;
c) Exhibit C - Plaintiffs Amended Summons and Complaint dated September 12, 2010;
d) Exhibit D - Defendant Jamaica Hospital’s Answer dated October 6, 2010;
e) Exhibit E - Defendant Jamaica Hospital’s Motion to Dismiss and Memorandum of
Law dated January 20, 2011;
f) Exhibit F - Opinion of The Court dated May 5, 2011;
g) Exhibit G- Court Order Establishing Deadlines for Discovery dated August 15, 2011;
h) Exhibit H - Court Order Establishing Deadlines for Discovery dated October 5, 2011;
i) Exhibit I- Rule 16 Scheduling Order dated February 9, 2012;
j) Exhibit J- Court Order dated June 14, 2012 Granting in Part and Denying in Part
Plaintiffs First Motion to Amend the Complaint;
k) Exhibit K- Plaintiffs Counsel’s Letter Requesting Permission to Amend the
Complaint Again, Dated August 1, 2012;

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l) Exhibit L- Court Order dated September 10, 2012 Granting in Part and Denying in
Part Plaintiffs Second Motion to Amend the Complaint;
m) Exhibit M- Plaintiffs September 18, 2012 Counsel’s Letter Requesting Permission to
Amend the Complaint a Third Time, Which Was So-Ordered;
n) Exhibit N- Rule 16 Scheduling Order dated September 21,2012;
o) Exhibit O - Plaintiffs Second Amended Complaint dated October 1, 2012;
p) Exhibit P - Jamaica Hospital’s Answer dated October 15, 2012;
q) Exhibit Q- Court Order Establishing Deadlines for Discovery dated December 6,
2013;
r) Exhibit R- Court Order Establishing Deadlines for Discovery dated January 10, 2014;
s) Exhibit S- Court Order Establishing Deadlines for Discovery dated March 14, 2014;
t) Exhibit T- Court Order Establishing Deadlines for Discovery dated June 14, 2014;
u) Exhibit U- Court Order Establishing Deadlines for Discovery dated July 18, 2014;
v) Exhibit V -Court Order dated October 29, 2014;
w) Exhibit W - Deposition Transcript of Dr. Lillian Aldana-Bemier, dated February 11,
2014;
x) Exhibit X - Deposition Transcript of Dr. Vinod Dhar, dated July 7, 2014;

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WHEREFORE, it is respectfully requested that plaintiffs motion be denied in its
entirety, together with such other and further relief as this Court deems just and proper.
Dated:

New York, New York
December 18, 2014
Yours, etc.,
MARTIN CLEARWATER & BELL LLP

Gregory J. Radomisli (GJR - 2670)
A Member of the Firm
Attorneys for Defendant
JAMAICA HOSPITAL MEDICAL CENTER
220 East 42nd Street
New York, New York 10017-5842
[phone]

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