Schoolcraft v. The City Of New York et al

Filing 334

MOTION to Dismiss and for other relief. Document filed by Isak Isakov. Responses due by 1/21/2015 Return Date set for 1/28/2015 at 12:00 PM. (Attachments: # 1 Affidavit Declaration of Service)(Lee, Brian)

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

10CV6005(RSW)

Plaintiff,
-against-

NOTICE OF MOTION
FOR SUMMARY
JUDGMENT

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 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.
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PLEASE TAKE NOTICE, that upon the annexed Declaration of Brian E. Lee, the
affidavit of ISAK ISAKOV, M.D., the accompanying Memorandum of Law, and the exhibits

attached hereto, defendant ISAK ISAKOV, M.D., by his attorneys, IVONE, DEVINE &
JENSEN, LLP, will move this Court before the Hon. Robert W. Sweet, at 500 Pearl Street,
New York, New York on January 22, 2015, at 12:00 noon, or as soon thereafter as counsel
can be heard, for an Order granting the defendant ISAK ISAKOV, M.D. summary
judgment dismissing all of the federal claims pleaded against this defendant, pursuant to
Rule 56 of the Federal Rules of Civil Procedure upon the ground that there is no “state
action” providing jurisdiction for this Court; for a further order granting summary
judgment dismissing the claim pleaded for intentional infliction of emotional distress, and
for an Order declining to exercise supplemental jurisdiction over plaintiff’s pendent state
law claims; and for such other and further relief as may be just and proper
Pursuant to the briefing schedule, opposition papers are due January 15, 2015 and
reply papers by January 22, 2015.
Dated: Lake Success, New York
December 22, 2015
Yours, etc.,
IVONE, DEVINE & JENSEN, LLP
/s/ Brian E. Lee
By:
BRIAN E. LEE (9495)
Attorneys for Defendant
ISAK ISAKOV, M.D.
2001 Marcus Avenue, Suite N100
Lake Success, New York 11042
[phone]

TO:
NATHANIEL B. SMITH
Attorney for Plaintiff
111 Broadway - Suite 1305
New York, NY 10006
[phone]
ZACHARY W. CARTER
Corporation Counsel of the City of New York
Attorney for Defendant
CITY OF NEW YORK
100 Church Street, Room 3-203
New York, NY 10007
[phone]
Attn: Suzanna Mettham Publicker, Esq.
SCOPPETTA SEIFF KRETZ & ABERCROMBIE
Attorneys for Defendant
STEVEN MAURIELLO
444 Madison Avenue, 30th Floor
New York, NY 10022
[phone]
Attn: Walter Kretz, Jr., Esq.
CALLAN, KOSTER, BRADY & BRENNAN, LLP
Attorneys for Defendant
DR. LILIAN ALDANA-BERNIER
1 Whitehall Street
New York, NY 10004-2140
[phone]
Attn: Paul Callan, Esq.
MARTIN, CLEARWATER & BELL, LLP
Attorneys for Defendant
JAMAICA HOSPITAL MEDICAL CENTER
220 East 42nd Street
New York, NY 10017-5842
[phone]
Attn: Gregory Radomisli, Esq.