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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?