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 28 Filed 10/12/10 Page 1 of 3
JRlda
67-82153
ITED STATES DISTRICT COURT
OUTHERN DISTRICT OF NEW YORK
--- -- -- --- ------- -- - ------ --- --- - --- - -- - -------- ----- -- -- - - --------- )(
DRIAN SCHOOLCRAFT,
DECLARATION
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
and
ERALD NELSON, Tax Id. 912370, Individually
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 SA WYER, 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
MPLOYEE'S "JOHN DOE" # 1-50, Individually and
n their Official Capacity (the name John Doe being
ictitious, as the true names are presently unknown),
Defendants.
------- ---- ------ ---------- ------------- -------- -- --- ---- - - ------ --- )(
GREGORY J. RADOMISLI, declares the following pursuant to 28 USC § 1746, under
enalty of perjury:
514257JDoe
1
Case 1:10-cv-06005-RWS Document 28 Filed 10/12/10 Page 2 of 3
1. I am a Member of
Martin Clearwater & Bell LLP, attorneys of
record for defendant
AMAICA HOSPITAL MEDICAL CENTER and am fully familiar with the facts and
ircumstances of this action by virtue of a review of the file in my office.
2. This Declaration is respectfully submitted in support of the motion by JAMAICA
OSPITAL MEDICAL CENTER to dismiss the Complaint:
a) Pursuant to Rules 8(a)(2), 12(b)(l), 12(b)(6) and 12(c) of the Federal
Rules of Civil Procedure because plaintiff cannot state a claim against
JAMAICA HOSPITAL MEDICAL CENTER based upon the alleged
constitutional violations of its employees;
b) Pursuant to Rules 8(a)(2), 12(b)(l), 12(b)(6) and 12(c) of the Federal
Rules of Civil Procedure because the moving defendant was not a state
actor acting under color of law; and
c) Granting such other and further relief as this Court deems just and proper.
the following Exhibits:
3. Attached hereto are true copies of
a. Exhibit A- Plaintiffs Summons and Complaint
b. Exhibit B- Verified Answer on behalf of JAMAICA HOSPITAL
MEDICAL CENTER
c. Exhibit C- Plaintiffs Amended Summons and Complaint
d. Exhibit D- Verified Answer on behalf of JAMAICA HOSPITAL
MEDICAL CENTER to plaintiffs Amended Complaint
1514257JDoe
2
Case 1:10-cv-06005-RWS Document 28 Filed 10/12/10 Page 3 of 3
WHEREFORE, it is respectfully requested that this Court grant defendant's motion in
'ts entirety, together with such other and further relief as this Court deems just and proper.
ated: New York, New York
October 12,2010
Yours, etc.,
MARTIN CLEARWATER & BELL LLP
By ~ßø/
Gregory J. Radomisli (GJR 2670)
Attorneys for Defendant
JAMAICA HOSPITAL MEDICAL CENTER
220 East 42nd Street
New York, NY 10017
212-697-3122
1514257 _1.DOe
3
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