Schoolcraft v. The City Of New York et al

Filing 404

ENDORSED LETTER addressed to Judge Robert W. Sweet from Walter A. Kretz, Jr. dated 2/25/2015 re: Correction of errors in Rule 56.1(b) statement. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 2/28/2015) (ajs)

FEB-25-2015

14:53

SSKA

212 3715883

SGOPPETTA SEIFF KRETZ

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P.02

ABERCROMBIE

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CHARL.E'.S C. ABEFil.Cl'iOMl!!IE:•

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MARIANA OL.ENKO

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.ALSO AC>l.!ITTED IN CT

NICHOLAS SCOPPETiA
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By

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COIJNSEL.

~ 212-805-7925

Honorable Robert W. Sweet
United States District Judge
United Srntcs District Court
Southern District of New York
500 Pearl Street
New York, NY 10007

Re:

Schoolcraft v. The City of New York, et al..

10-CV~6005

(RWS)

Dear Judge Sweet:
On behalf of defendant Steven Mauriello, l write with respect to our
papers in opposition to plaintiff's motion for summary judgment
We need to correct two errors in our Rule 56.l(b) Statement in opposition
to plaintiffs motion where we refer to SM Exhibit CK, when the reference should be to
SM Exhibit DB, and we need to add reference to both exhibits in our response to
plaintiff's statement 129. 1) In our responi>c to plaintiff's statement 44, we refer, in the
first paragraph, to SM Exhibit CK, which instead should refer to SM Exhibit DB. SM
Exhibit DB is the QAD September 4, 2009. memorandum relating to its findings after the
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semi-annual audit it conducrnd of the 81 '" Precinct in July and August 2009, which had
nothing to do with Adrian Schoolcraft. or any complaints he later would make. 2) The
same error is made in paragraph 8 of our Statement of Additional Material Facts
following our responses to plaintiffs statemenls -·the cite to SM Exhibit CK should
instead be to SM Exhibit DB. All other references to SM Exhibit CK are correct. SM
Exhibit CK consists of pages from the QAD report initially released in .lune 20 I 0. 3)
Again, our response to plaintiff's statement 129 should be corrected to cite both exhibits.
(Copies of the pages with the foregoing corrections indicated by hand are attached.)

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In addition, when submitting a courtesy copy of our papers in opposition
to plaintiffs motion for summary judgment, unclcr cover of a letter dated February 13,
2015, 1 submitted a Declaration in Opposition as a means of filing o\.u- final five exhibits,
but did not provide an index of those Exhibit~. The index is attached.

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FEB-25-2015

SC.)PPETTA

14:53

SSKA

SEIFF KRETZ &

212 3716883

P.03

A.BERGH.O"MBIE

Finally, Trespectfully renew our request for permission to file under sea1
SM Exhibit CR, containing the 1AB report commencing with Bates number NYC10123
through 10156, SM Exhibit CK, with pages from the QAD Report-D000508, 510-15,
517-19, and 541-43, and SM Exhibit DD, containing copies of complaint reports and
related documents, bearing Bates numbers NYCOOOl J596-628.

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f apologize for the trouble_ Thank you for your consideration.

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Respectfully submitted,

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Walter A. Kretz, Jr.

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cc: All Counsel, By E-Mail

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