Schoolcraft v. The City Of New York et al

Filing 325

MOTION for Summary Judgment . Document filed by Jamaica Hospital Medical Center. Responses due by 1/21/2015 Return Date set for 1/28/2015 at 10:00 AM.(Osterman, Brian)

GJR/da
82-82153

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ADRIAN SCHOOLCRAFT,

NOTICE OF MOTION
Plaintiff,

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
I 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 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. 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

PLEASE TAKE NOTICE, that upon the annexed Declaration of Gregory J.
Radomisli, Esq., the Exhibits annexed thereto, the Rule 56.1 Statement, the accompanying

2433228.1

Memorandum of Law, and upon all prior pleadings and proceedings heretofore had herein,
defendant JAMAICA HOSPITAL MEDICAL CENTER, by its attorneys, MARTIN
CLEARWATER & BELL llp, will move this Court at 500 Pearl Street, New York, New York
on the 28th day of January, 2015 at 9:30 a.m. or as soon thereafter as counsel can be heard,
for an Order:
1)

Pursuant to Rule 56 of the Federal Rules of Civil Procedure granting summary

judgment to the movant, dismissing the Second Amended Complaint with prejudice,
amending the caption to delete JAMAICA HOSPITAL MEDICAL CENTER therefrom; and
2)

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 no later than January 21, 2015, by Order of the Court.
Dated:

New York, New York
December 22, 2014
Yours, etc.,
MARTIN CLEARWATER & BELL llp

lY--"

y__________________________________________________________________

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]

2433228.1

To:

BYECF
LAW OFFICE OF NATHANIEL B. SMITH
Attorneys for Plaintiff
111 Broadway, Suite 1305
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
ISAIC ISAKOV, M.D.
2001 Marcus Avenue, Suite N100
Lake Success, New York 11042
[phone]
ZACHARY W. CARTER
CORPORATION COUNSEL
Attorneys for Defendants
NEW YORK CITY POLICE DEPARTMENT et. al.
Law Department of the City of New York
100 Church Street Room 2-124
New York, New York 10007
[phone]
SCOPPETTA SEIFF KRETZ & ABERCROMBIE
Attorneys for Defendant
DEPUTY INSPECTOR STEVEN MAURIELLO
444 Madison Avenue, 30th Floor
New York, NY 10022
212-371-4500

2433228.1