Schoolcraft v. The City Of New York et al

Filing 495

MOTION to Preclude Expert Testimony. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Kurt Duncan(Shield No. 2483, 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
----------------------------------------------------------------------------------X
ADRIAN SCHOOLCRAFT,
Plaintiff,

10-CV-6005 (RWS)

-againstTHE CITY OF NEW YORK, et al.
Defendants
----------------------------------------------------------------------------------X

CITY DEFENDANTS’ NOTICE OF MOTION
TO PRECLUDE EXPERT TESTIMONY UNDER FEDERAL
RULES OF EVIDENCE 702, 703, 402, AND 403, AND
FEDERAL RULES OF CIVIL PROCEDURE 26 AND 37
PLEASE TAKE NOTICE that upon Defendants’ City of New York, Deputy Chief
Michael Marino, Gerald Nelson, Theodore Lauterborn, William Gough, Frederick Sawyer, Kurt
Duncan, Christopher Broschart, Shantel James, and FDNY Lieutenant Elise Hanlon (collectively
“City defendants”) Memorandum of Law dated September 21, 2015, in support of their motion
pursuant to Federal Rules of Evidence 702, 703, 402 and 403, and Federal Rules of Civil
Procedure 26 and 37 to Preclude Expert Testimony, 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, as soon after October 9, 2015 as
counsel may be heard, for an Order, granting preclusion of all or part of the testimony of
plaintiff’s proffered experts John Eterno, Eli Silverman and Dr. Roy Lubit, and part of the
testimony of defendant Jamaica Hospital Medical Center’s Expert Dr. Robert Levy, as specified

in the accompanying Memorandum of Law, and such other relief as the Court may find just and
proper;
PLEASE TAKE FURTHER NOTICE that pursuant to Court Order opposition
papers, if any, should be served on the undersigned on or before October 9, 2015; and
Dated:

New York, New York
September 21, 2015
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]
[e-mail]
By:

cc:

/s/
Alan Scheiner
Senior Counsel
Cheryl Shammas
Senior Counsel
Kavin Thadani
Senior 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

2

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

3

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 .......................................................................