Schoolcraft v. The City Of New York et al

Filing 500

DECLARATION of Alan H. Scheiner in Support re: 498 MOTION in Limine To Preclude Plaintiff From Offering Certain Evidence at Trial.. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G (Under Seal), # 8 Exhibit PTX 4, 6, 13, 16, 18, 22, 25, 26, 29, 30, 33, 34, 35, 40, 42, 46, 49, 50, 51, 52, 53, 54, 55, 57, 59, 60, 62, 64, 65, 66, 72, 84, 93, 95, 306, 308, 309, 314, 316, 400, 401, 402, 403, 406, 407, 408, 409, 420, 421, 426, 427 (Under Seal), # 9 Exhibit PTX 79, # 10 Exhibit PTX 81 (Part 1 of 2), # 11 Exhibit PTX 81 (Part 2 of 2), # 12 Exhibit PTX 404, # 13 Exhibit PTX 410, # 14 Exhibit PTX 411)(Thadani, Kavin)

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
IN LIMINE

THE CITY OF NEW YORK, et al.,
10-CV-6005 (RWS)
Defendants.
-------------------------------------------------------------------- X
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’ motion in limine.
2.

Annexed hereto as Exhibit “A” are excerpts from the transcript of the

deposition of Adrian Schoolcraft taken in this case on October 31, 2012.
3.

Annexed hereto as Exhibit “B” are Plaintiff’s FRCP 26(A)(1) Initial

Disclosures, dated May 11, 2011.
4.

Annexed hereto as Exhibit “C” are excerpts from Plaintiff’s Response to

Defendant City of New York’s First Set of Interrogatories and Document Requests, dated April
9, 2012.

5.

Annexed hereto as Exhibit “D” are excerpts from City Defendants’ First

Combined Set of Interrogatories and Document Requests, dated December 5, 2011.
6.

Annexed hereto as Exhibit “E” are excerpts from the transcript of the

deposition of Larry Schoolcraft taken in this case on December 11, 2013.
7.

Annexed hereto as Exhibit “F” are excerpts from the transcript of the

deposition of Joseph Ferrara taken in this case on June 5, 2014.
8.

Annexed hereto as Exhibit “G” are pages that are part of the same fax

transmission and internet posting as plaintiff’s trial exhibit (“PTX”) 59.
9.

Also annexed hereto are the following plaintiff trial exhibits: PTX 4, 6,

13, 16, 18, 22, 25, 26, 29, 30, 33, 34, 35, 40, 42, 46, 49, 50, 51, 52, 53, 54, 55, 57, 59, 60, 62, 64,
65, 66, 72, 79, 81, 84, 93, 95, 306, 308, 309, 314, 316, 400, 401, 402, 403, 404, 406, 407, 408,
409, 410, 411, 420, 421, 426, 427.
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)
2

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

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

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’
MOTION IN LIMINE

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