Schoolcraft v. The City Of New York et al

Filing 497

DECLARATION in Support re: 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. (Attachments: # 1 Exhibit A Expert Report, # 2 Exhibit B Deposition Excerpts, # 3 Exhibit C Deposition Excerpts, # 4 Exhibit D Under Seal, # 5 Exhibit E Email Chain Between Counsel, # 6 Exhibit F Justice Quarterly Article, # 7 Exhibit G Under Seal, # 8 Exhibit H Under Seal, # 9 Exhibit I Under Seal, # 10 Exhibit J Transcript, # 11 Exhibit PTX 66 Under Seal, # 12 Exhibit PTX 81 Part I, # 13 Exhibit PTX 81 Part II, # 14 Exhibit PTX 93 Arbitration Award, # 15 Exhibit PTX 159 Patrol Guide)(Scheiner, Alan)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------------- X
ADRIAN SCHOOLCRAFT,
Plaintiff,
-against-

DECLARATION OF
ALAN H. SCHEINER IN
SUPPORT OF CITY
DEFENDANTS’ MOTION TO
EXCLUDE EXPERT
TESTIMONY

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

10-CV-6005 (RWS)

I, ALAN H. SCHEINER, declare pursuant to 28 U.S.C. § 1746, under penalty of
perjury, that the following is true and correct:
1.

I am a Senior Counsel in the office of Zachary W. Carter, Corporation

Counsel of the City of New York, attorney for defendants the City of New York, Michael
Marino, Gerald Nelson, Theodore Lauterborn, William Gough, Frederick Sawyer, Kurt Duncan,
Christopher Broschart, Shantel James, and FDNY Lieutenant Elise Hanlon (collectively “City
Defendants”). As such, I am familiar with the facts stated below and submit this declaration to
place on the record the relevant documents in support of City Defendants’ Daubert motions.
2.

Annexed hereto as Exhibit “A” is the Expert Report of Eli B. Silverman,

Ph.D. & John A. Eterno, Ph.D. served in this case.
3. Annexed hereto as Exhibit “B” are excerpts from the deposition of Eli B.
Silverman taken in this case on October 24, 2014.
4. Annexed hereto as Exhibit “C” are excerpts from the deposition of John A.
Eterno taken in this case on October 17, 2014.
5. Annexed hereto as Exhibit “D” are Charges and Specifications against Adrian
Schoolcraft.

6. Annexed hereto as Exhibit” “E” is an Email Chain between Counsel, October
9, 2014 to July 20, 2015.
7. Annexed hereto as Exhibit “F” is the article “Police Manipulation of Crime
Reporting:

Insiders’ Revelations” by John A. Eterno, Arvind Verma & Eli B. Silverman,

published on the internet in Justice Quarterly in November 2014.
8. Annexed hereto as Exhibit “G” are the Eterno and Silverman 2008 Survey
Questions,
9. Annexed hereto as Exhibit “H” are the Eterno and Silverman 2012 Survey
Questions.
10. Annexed hereto as Exhibit “I” is the Expert Disclosure of Dr. Robert H. Levy,
M.D.
11. Annexed hereto as Exhibit “J” are excerpts from a transcript of court
proceedings on September 17, 2014.
12.

Also referenced in the City Defendants’ Memorandum of Law in Support of

the Motion to Preclude Expert Testimony and annexed hereto are the plaintiff’s trial exhibits:
PTX 66 (“QAD Report”); PTX 81 (“IAB Police Corruption Report”); PTX 93 (Labor Arbitration
Opinion and Award); PTX 159 (EDP Patrol Guide Procedure 216-05).
13.

On or about October 9, 2014, Plaintiff produced two statistical databases

relating to Eterno and Silverman’s opinions, one for each survey, along with a sample survey
questionnaire and a collection of the narrative responses. See Ex. E at 8.
14.

The statistical database produced by plaintiff for the 2012 survey data did not

contain the retirement year reported by the survey respondents, and included only a variable
indicating to which of the three cohorts selected by the experts the respondent belonged.

2

Dated:

New York, New York
September 21, 2015
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
[phone]
By:

cc:

Nathaniel Smith (By ECF)
Attorney 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

3

______/s/______________________
Alan H. Scheiner
Senior Counsel
Special Federal Litigation Division

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.

DECLARATION OF
ALAN H. SCHEINER IN
SUPPORT OF CITY DEFENDANTS’
DAUBERT MOTIONS

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]

Due and timely service is hereby admitted.
New York, N.Y. ......................................................, 2015
.................................................................................. Esq.
Attorney for .......................................................................