Schoolcraft v. The City Of New York et al

Filing 438

MOTION to Bifurcate for Trial Plaintiff's Monell Claim Against the City of New York., MOTION for Reconsideration of the Court's May 5 2015 Order Concerning Summary Judgment. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Timothy Caughey(Tax Id. 885374 Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Shantel James(Shield No. 3004 in his official capacity), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York.(Scheiner, Alan)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ADRIAN SCHOOLCRAFT,
Plaintiff,
-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
THEORDORE LAUTERBORN, Tax Id. 897840, Individually and in
his Official Capacity, LIEUTENANT JOSEPH GOUGH, Tax Id.
919124, 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, LT. TIMOTHY CAUGHEY, Tax Id. No.
885374, Individually and in his Official Capacity, SERGEANT
SHANTEL JAMES, Shield No. 3004, Individually and in her Official
Capacity, SERGEANT RICHARD WALL, Shield No. 3099,
Individually and in his Official Capacity, SERGEANT ROBERT W.
O’HARE, Tax Id. 916960, Individually and in his Official Capacity,
SERGEANT SONDRA WILSON, Shield No. 5172, Individually and
in her Official Capacity, LIEUTENANT THOMAS HANLEY, Tax
Id. 879761, Individually and in his Official Capacity, CAPTAIN
TIMOTHY TRAINOR Tax Id. 899922, Individually and in his
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 “City
Defendants”), FDNY LIEUTENANT ELISE HANLON, individually
and in her official capacity as a lieutenant with the New York City
Fire Department, JAMAICA HOSPITAL MEDICAL CENTER, DR.
ISAK ISAKOV, Individually and in his Official Capacity, DR.
LILIAN ALDANA-BERNIER, Individually and in his 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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CITY DEFENDANTS’
NOTICE OF MOTION
FOR
RECONSIDERATION
PURSUANT TO FED. R.
CIV. P. 60 AND FOR
BIFURCATION
PURSUANT TO FED. R.
CIV. P. 42(B)

10-CV-6005 (RWS)

PLEASE TAKE NOTICE that upon Defendants’ City of New York, Deputy Chief
Michael Marino, Assistant Chief Gerald Nelson, Captain Theodore Lauterborn, Lieutenant
William Gough, Sergeant Frederick Sawyer, Sergeant Kurt Duncan, Lieutenant Christopher
Broschart, Lieutenant Timothy Caughey, Lieutenant Shantel James, and FDNY Lieutenant Elise
Hanlon (collectively “City defendants”) Memorandum of Law dated June 2, 2015, in support of
their motion pursuant to Fed. R. Civ. P. 60 and Local Rule 6.2 for partial reconsideration the
Court’s Order of May 5, 2015, granting in part and denying in part the parties’ motions for
partial summary judgment pursuant to Fed. R. Civ. P. 56, and of their motion pursuant to Fed. R.
Civ. P. 42(b) for bifurcation of the plaintiff’s claim against the City of New York under Monell
v. Dep’t of Social Services, 436 U.S. 658 (1978) for the purposes of trial, and upon all prior
pleadings and proceedings had herein, City defendants will move this Court, before the
Honorable Robert W. Sweet, United States District Judge, at the United States Courthouse for
the Southern District of New York, located at 500 Pearl Street, New York, New York 10007, on
June 23, 2015, or as soon as counsel may be heard, for an Order, granting
PLEASE TAKE FURTHER NOTICE that pursuant to Local Rule 6.1
plaintiffs’ opposition papers, if any, should be served on the undersigned on or before June 16,
2015; and
PLEASE TAKE FURTHER NOTICE that City Defendants’ reply papers, if
any, shall be served on or before June 23, 2015.
Dated:

New York, New York
June 2, 2015

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Respectfully submitted,
ZACHARY W. CARTER
Corporation Counsel of the City of New York
Attorneys for City defendants
100 Church Street, Room 3-174
New York, New York 10007
[phone]
By:

cc:

/s/
Alan Scheiner
Senior Counsel
James Horton
Assistant Corporation Counsel

Nathaniel Smith (By ECF)
Attorney for Plaintiff
Jon Norinsberg (By ECF)
Attorney for Plaintiff
Gerald Cohen (By ECF)
Cohen & Fitch LLLP
Attorneys for Plaintiff
Gregory John Radomisli (By ECF)
MARTIN CLEARWATER & BELL LLP
Attorneys for Jamaica Hospital Medical Center
Brian Lee (By ECF)
IVONE, DEVINE & JENSEN, LLP
Attorneys for Dr. Isak Isakov
Paul Callan (By ECF)
CALLAN, KOSTER, BRADY & BRENNAN, LLP
Attorneys for Lillian Aldana-Bernier
Walter Kretz (By ECF)
SCOPPETTA SEIFF KRETZ & ABERCROMBIE
Attorney for Defendant Mauriello

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Docket No 10-CV-6005 (RWS)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ADRIAN SCHOOLCRAFT,
Plaintiff,
-againstTHE CITY OF NEW YORK, et al.,
Defendants.

NOTICE OF MOTION

ZACHARY W. CARTER
Corporation Counsel of the City of New York
Attorney for City Defendants
100 Church Street, Room 3-174
New York, New York 10007
Of Counsel: Alan H. Scheiner
Tel: [phone]
James Horton
Tel: [phone]
Due and timely service is hereby admitted.
New York, N.Y. ......................................................, 2014
.................................................................................. Esq.
Attorney for .......................................................................