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 26 Filed 10/12/10 Page 1 of 3

JRIda
67-82153

ITED STATES DISTRICT COURT
OUTHERN DISTRICT OF NEW YORK
--- --- - --- - ------ --- --- - ----- ------- - --------- - ------- --- -- ---- ----- )(

DRIAN SCHOOLCRAFT,

NOTICE OF MOTION

Plaintiff,

10 CIV 6005 (R WS)

-against-

HE CITY OF NEW YORK, DEPUTY CHIEF
ICHAEL MARINO, Tax Id. 873220, Individually
d in his Official Capacity, ASSISTANT CHIEF

ATROL BOROUGH BROOKLYN NORTH
ERALD NELSON, Tax Id. 912370, Individually and

n his Official Capacity, DEPUTY INSPECTOR
TEVEN MAURIELLO, Tax Id. 895117, Individually
d in his Official Capacity CAPTAIN THEODORE

AUTERBORN, Tax Id. 897840, Individually and in
is Official Capacity, LIEUTENANT JOSEPH GOFF,

ax Id. 894025, Individually and in his Official
apacity, SGT. FREDERICK SAWYER, Shield No.

576, Individually and in his Official Capacity,

ERGEANT KURT DUNCAN, Shield No. 2483,
ndividually and in his Official Capacity,

IEUTENANT CHRISTOPHER BROSCHART, Tax
d. 915354, Individually and in his Official Capacity,

IEUTENANT TIMOTHY CAUGHEY, Tax Id.

85374, Individually and in his Official Capacity,

ERGEANT SHANTEL JAMES, Shield No. 3004,
ND P.O.'s "JOHN DOE" #1-50, Individually and in
heir Official Capacity (the name John Doe being
ictitious, as the true names are presently unknown)
collectively referred to as "NYPD defendants"),
AMAICA HOSPITAL MEDICAL CENTER, DR.

SAK ISAKOV, Individually and in his Official
apacity, DR. LILIAN ALDANA-BERNIER,
ndividually and in her Official Capacity and

AMAICA HOSPITAL MEDICAL CENTER
and

MPLOYEE'S "JOHN DOE" # 1-50, Individually

n their Official Capacity (the name John Doe being
ictitious, as the true names are presently unknown),
Defendants.
----------------- ------ ------ -------- - ----- -- - - --- --- -- ---- -- -- ----- )(

PLEASE TAKE NOTICE, that upon the annexed Declaration of Gregory 1. Radomisli,
sq., the Exhibits annexed thereto, the accompanying Memorandum of Law, and upon all prior

Case 1:10-cv-06005-RWS Document 26 Filed 10/12/10 Page 2 of 3

leadings and proceedings heretofore had herein, defendant JAMAICA HOSPITAL MEDICAL
ENTER, by its attorneys, MARTIN CLEARWATER & BELL LLP, will move this Court at 500

November, 2010 at 12:00 p.m. or as soon

earl Street, New York, New York on the 17th day of

hereafter as counsel can be heard, for an Order:
1) Dismissing plaintiffs Complaint pursuant to Rules 8(a)(2), 12(b)(1), 12(b)(6) and

2(c) of the Federal Rules of Civil Procedure because plaintiff cannot state a claim against
AMAICA HOSPITAL MEDICAL CENTER based upon the alleged constitutional violations of
ts employees;
2) Dismissing plaintiffs Complaint pursuant to Rules 8(a)(2), 12(b)(1), 12(b)(6) and

2(c) of

the Federal Rules of

Civil Procedure because the moving defendant was not a state actor

cting under color of law; and

3) Such other and further relief as this Court deems just and proper.
PLEASE TAKE FURTHER NOTICE that answering papers, if any, are to be served in
ccordance with the Federal Rules of

Civil Procedure.

ated: New York, New York
October 12,2010

Yours, etc.,
MARTIN CLEARWATER & BELL LLP

By &¿ltil)i

Gregory J. Radomisli (GJR 2670)
Attorneys for Defendant
JAMAICA HOSPITAL MEDICAL CENTER
220 East 42nd Street
New
York, NY 10017
212-697-3122

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514257JDoe

Case 1:10-cv-06005-RWS Document 26 Filed 10/12/10 Page 3 of 3

0: COHEN & FITCH, LLP
Attorneys for Plaintiff
225 Broadway, Suite 2700
New York, New York 10007
[phone]
LA W OFFICES OF JON L. NORINSBERG

Attorney for Plaintiff
225 Broadway, Suite 2700
New York, New York 10007
[phone]
CALLAN KOSTER BRADY & BRENNAN, LLP
Attorneys for Defendant
LILIAN ALDANA-BERNIER, M.D.
One Whitehall Street, 10th Floor

New York, New York 10004
[phone]

IVONE, DEVINE & JENSEN, LLP
Attorneys for Defendant
ISAKISAKOV
2001 Marcus Avenue, Suite N100

Lake Success, New York 11042
[phone]

MICHAEL A. CARDOZO
CORPORATION COUNSEL
Attorneys for Defendants
NEW YORK CITY POLICE DEPARTMENT
New York
the City of
Law Department of
100 Church Street Room 2-124
New York, New York 10007
[phone]

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514257JDoe