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)

Case 1:10-cv-06005-RWS Document 67 Filed 10/05/11 Page 1 of 5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- ---- --- ------------------- - ----------------------- - -- x
ADRIAN SCHOOLCRAFT,
10CV6005(RWS)
Plaintiff,

Rule 26(f)(3)
-againstAmended Discovery Plan
THE 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 SHANTI'i
JAMES, Shield No. 3004, and P.O.'s "JOHN DOE" #1-50,
Individually and 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. LIUAN ALDANABERNIER, 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

The parties submit the following Amended Discovery Plan, pursuant to Federal Rules
of Civil Procedure Rule 26(f)(3).
1.

All automatic pursuant to Rule 26(a), to the extent not already disclosed, shall
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Case 1:10-cv-06005-RWS Document 67 Filed 10105/11 Page 2 of 5

be served by each party no later than October 7, 2011
2.

Plaintiff shall respond to the Interrogatories and Requests for the Production of

Documents heretofore served by the defendants by August 15, 2011. Plaintiffs shall respond
to Interrogatories and Requests for the Production of Documents served hereafter by any
defendant within twenty days of service thereof, unless otherwise agreed. Plaintiff shall also
provide copies of all audio recordings by August 15, 2011.
3.

Defendants Jamaica, Bernier and Isakov ("medical defendants") shall respond

to the Interrogatories and Requests for Production of Documents served by plaintiff by
August 15, 2011. Defendant City of New York shall respond to the Interrogatories and
Requests for Production of Documents served by plaintiff by producing non-privileged
documents, subject to the confidentiality stipulation and protective order, by October 7, 2011.
Defendant City of New York shall respond to the Requests for Admission by October 28,2011,
and will provide a list of documents claimed to be privileged by that date.
4.

Defendant City of New York shall produce NYPD's Internal Affairs Bureau

("TAB") and Brooklyn North Investigations Unit ("BNIU") files, subject to the confidentiality
stipulation and protective order, by November 28, 2011. If it appears that the City of New
York will need additional time to prepare and serve those documents, the City of New York
will provide notification of that by October 28, 2011.
5.

Plaintiff will move for disclosure of any documents withheld by the City of New

York under the claim of privilege by December 15, 2011.
6.

The deposition of the plaintiff will be held beginning thirty days after the

production of any documents (claimed to be privileged) ordered by the court (measured from
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Case 1:10-cv-06005-RWS Document 67 Filed 10/05/11 Page 3 of 5

the date the City actually mails those documents to the parties). If no additional documents
are ordered to be produced, the deposition will be held within 45 days after the date of that
order. The plaintiff will be produced for two consecutive seven hour days (one for the City
defendants and one for the medical-hospital defendants) for that deposition, subject to a
request by any party for additional time.
7.

The depositions of the defendants will be held beginning two weeks after the

deposition of the plaintiff is completed pursuant to a schedule to be agreed upon after the
plaintiff's deposition is completed.
8.

Plaintiff will produce Larry Schoolcraft for deposition to be held before the fact

discovery cut-off deadline. The deposition will be limited to seven hours. For good cause
shown, the defendants may apply to the Court for additional time for this deposition.
9.

Documents that are deemed to be confidential and/or privileged will be

handled pursuant to a stipulation and protective order, to be agreed to by and between
counsel, or by a Court order if necessary.
10.

Local Rule 33.3(c) interrogatories seeking the claims and contentions of the

opposing parties shall be served after the depositions of the parties are completed. Plaintiff
will respond thereto within twenty days and defendants will respond within twenty days
after the plaintiff's response.
11.

Fact discovery shall be completed by June 29, 2012.

12.

Any expert disclosure not previously made, and the depositions of experts, shall

be scheduled for the three months after the fact discovery is completed. Plaintiff's expert
disclosure shall be made by July 13, 2012 and defendants' expert disclosure shall be made by
August 17,2012. Depositions of plaintiff's expert(s) shall be completed by September 7, 2012
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Case 1:10-cv-06005-RWS Document 67 Filed 10/05/11 Page 4 of 5

and depositions of defendants' experts shall be completed .tober 5,2012.
by Or

13.

Expert discovery shall be completed by October 31, 2012.

14.

Any dispositive motions shall be served by December 14,2012.

15.

All dates in this discovery plan are su to modification
bj ect

16.

This document may be executed In counterparts, and signatures transmitted by

faceimile or other electronic means have the same force and
shall
effect as ifsigned in the
.

0

Dated:

Dql

New York, New York
September 28,
2011

~

JON I. NORD'SBBRG 7-2133)
Attorney for Plaintiff
Broadway, SuIte 2700
NewYork, NY 10007
[phone]

CALLAN, KOIER,, BRADY & BRENNAN, UP

Attorneys for Defendant

DR. LtUAN ALDANA-BERNIER
I Whitehall Street
NewYOrk, NY 10004-2140
[phone]

225 Broadway, Suite 2700
New York, NY 10007
[phone]

r,hencohenfitch.com
Jfitri*Arenfitch.com

R.-M
Deans Canfield (DC
A.
)
Assistant Corporation Counsel
MIaIAEL A. CARDOZO,
Corporation Counsel theQty of NewYork
of
Attorney for Defendant QTYOP NEW YORK
100Oiurch Street, Room
2-124
NewYork, NY 10007
(212) 7N4
PW
dcarellaw.nyc.gov

Gregory j. Radoirilsil (GJR26
70)
MAJrlN, CLEARWATBR & BEL1. W'
Attorneys for Def n dant
e
JAMAICA HO5P1TAL MEDICAL Ca'1TER
220East42ndStreet
New YOrk, NY 10017
2 97-3122

12)6 ;3;~
Brian E. Lee (5L9495)
NONE, DEVINE & JENSEN, LLP
Attorneys for Defendant

ISAK ISAKOV, M.D.
2001 MarcusAvenues Suite N100
New
Lake Success, York 11042
(5 16)326-2400
[e-mail]

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Case 1:10-cv-06005-RWS Document 67 Filed 10/05/11 Page 5 of 5

and depositions of defendants' experts shall be completed
by October5, 2012,

13.

Expert discoveryshall be completed by October 31, 2012.

14.

Any dispositivemotions shall be served by
14,
December 2012.

15.

All dates in this discovery plan are subject
to modification.

16.

This document may be executed In counterparts, and signatures transmitted by

facsimile orother electronic
means shall the same force and
have
effect as Ifsigned In the

Dated:

New York, New York
September 28,
2011

N~
MAMIW,

Bruce M. Brady (BM84816)
CAL.LAN, KOSFER BRADY & BRENNAN, LU'
Attorneys for Defendant
DR. LrUAN ALDANA-BERNIER
I WNteball Street
New York, N?10004-2140

JON 1. NORMERG P2133)
Attorney for Plaintiff
225 Broadway, Suite 2700
New York, NY 10007
791-5396
(L

[phone]

& F1T.H LLP

Gregory J. Radomisli (GJR2670)
MARTIN, CLEARWATER & BELL, UP

Cohen ((LC0414

Allior Plaintiff
2700
225 Broadway, Suite
New York, NY 10007
[phone]
gvohencohenfftth.corn
ohenflft corn11

Attorneys for Defendant
JAMAICA HOSPTAL MEDICAL CEISITER

220 East 42nd Street
NewYork, NY 10017
(212)

/2

Doilltf'A. Outfield (DC ')
Assistant Corporation Counsel
!ucHAEL. A. CARDOZO,

Corporation Counsel of the City of New York
Attorney for Defendant CITY OFNEW YORK
100 Church Street, Room 2-124
New York, NY 10007
[phone]
dcanfIe1iaw.nyc.gov

Brian E Lee(BL9495)
IVONE, DEVINE & JENSEN, LU'
Attorneys for Defendant
ISAI( ISAXOV, M.D.
2001MarnisAvenue, Suite NiCO
Lake Success, New York 11042

[phone]
brlane!eetDldjlaw.corn

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