Schoolcraft v. The City Of New York et al

Filing 362

DECLARATION of Paul F. Callan in Support re: 360 AMENDED MOTION for Summary Judgment .. Document filed by Lillian Aldana-Bernier. (Attachments: # 1 Exhibit Second Amended Summons and Complaint, # 2 Exhibit Answer to Second Amended Summons and Complaint, # 3 Exhibit Judge Sweet Opinion and Order dated 1/16/15, # 4 Exhibit Third Amended Summons and Complaint)(Callan, Paul)

OUR FILE NO.: 090.155440
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ADRIAN SCHOOLCRAFT,
10CV6005 (RWS)
Plaintiff,
- against 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
GOUGH, Tax Id. 894025, Individually and in his
Official
Capacity,
SERGEANT
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, Individually and in his Official
Capacity and CAPTAIN TIMOTHY TRAINER Tax Id.
899922, Individually and in Their Official Capacity 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.

DECLARATION OF
PAUL F. CALLAN

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PAUL F. CALLAN, ESQ., pursuant to 28 USC § 1746, declares under penalty of
perjury that the following is true, based upon his personal knowledge and review of the
file in this action:
1. I am of counsel to the law firm of Callan, Koster, Brady, Brennan & Nagler, LLP,
attorneys for defendant DR. LILIAN ALDANA-BERNIER, in the above-entitled action. I
am fully familiar with the facts and circumstances of this case based on a review of the
file materials maintained in this office.
2. This declaration is submitted in support of the motion of defendant DR. LILIAN
ALDANA-BERNIER’s (hereinafter Aldana-Bernier) for summary judgment to dismiss
plaintiff’s claims for relief under 42. U.S.C. §1983, to dismiss his claim for intentional
infliction of emotional distress under New York State law, to remand the surviving state
law claims to state court, and for such other and further relief as this Court may deem
just and proper.
3. Attached as Exhibit “A” is a true and accurate copy of plaintiff Adrian Schoolcraft’s
Second Amended Complaint, dated September 25, 2012.
4. Attached as Exhibit “B” is a true and accurate copy of defendant Lilian AldanaBernier, M.D.’s, Answer to plaintiff’s Second Amended Complaint, dated October 22,
2012.
5. Attached as Exhibit “C” is a true and accurate copy of Dr. Aldana-Bernier’s
affidavit dated December 19, 2014.
6. Attached as Exhibit “D” is a true and accurate copy of plaintiff’s medical records
from Jamaica Hospital Medical Center with redactions.

7. Attached as Exhibit “E” is a true and accurate copy of the expert report submitted
by plaintiff’s expert, Dr. Roy Lubit dated August 11, 2014.
8. Attached as Exhibit “F” is a true and accurate copy of Judge Sweet’s Opinion and
Order dated January 23, 2015.
9. Attached as Exhibit “G” is a true and accurate copy of plaintiff’s Third Amended
Complaint, dated January 22, 2014.
10.

Dr. Aldana-Bernier previously moved for summary judgment on December

22, 2014, seeking relief similar to that sought herein. However, prior to the summary
judgment motion being fully briefed, Judge Sweet partially granted plaintiff’s motion to
amend his complaint for a third time and ordered that the parties could serve dispositive
motions to dismiss the Third Amended Complaint.

Further, no decision was ever

rendered as to Dr. Aldana-Bernier’s prior motion for summary judgment.
WHEREFORE, it is respectfully requested that the instant Motion be granted in its
entirety.
Dated:

New York, New York
January 30, 2015

_/s/__Paul F. Callan_________
PAUL F. CALLAN

TO:

NATHANIEL SMITH, ESQ.
111 Broadway, Suite 1305
New York, New York 10006
[phone]
[e-mail]
Walter A. Kretz, Jr., Esq. (WK-4645)
SCOPPETTA SEIFF KRETZ & ABERCROMBIE
Attorneys for Defendant
DEPUTY INSPECTOR STEVEN MAURIELLO

444 Madison Avenue, 30th Floor
New York, New York 10022
[phone]
[e-mail]
Gregory J. Radomisli, Esq. (GJR2670)
MARTIN, CLEARWATER & BELL, LLP
Attorneys for Defendant
JAMAICA HOSPITAL MEDICAL CENTER
220 East 42nd Street
New York, New York 10017-5842
[phone]
[e-mail]
Brian E. Lee, Esq. (BL9495)
IVONE, DEVINE & JENSEN, LLP
Attorneys for Defendant
ISAK ISAKOV
2001 Marcus Avenue, Suite N100
Lake Success, New York 11042
[phone]
[e-mail]
Ryan Shaffer
Senior Assistant Corporation Counsel
ZACHARY W. CARTER,, ESQ.
CORPORATION COUNSEL OF THE CITY OF NEW YORK
Attorneys for CITY Defendants
NEW YORK CITY POLICE DEPARTMENT
Special Federal Litigation Division
New York City Law Department
100 Church Street, Room 2-124
New York, New York 10007
[phone]
[e-mail]