Schoolcraft v. The City Of New York et al

Filing 501

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION in Limine to preclude testimony from plaintiff's expert Dr. Roy Lubit. Document filed by Lillian Aldana-Bernier.(Koster, Matthew) Modified on 9/22/2015 (db).

OUR FILE NO.: 090.155440
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ADRIAN SCHOOLCRAFT,
10CV6005 (RWS)
Plaintiff,
- against THE 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 THEODORE LAUTERBORN, Tax Id. 897840,
Individually and in his Official Capacity, LIEUTENANT
JOSEPH GOFF, Tax Id. 894025, Individually and in his
Official Capacity, STG. 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, LIEUTENANT
TIMOTHY CAUGHEY, Tax Id. 885374, Individually and
in his Official Capacity, SERGEANT SHANTEL JAMES,
Shield No. 3004, 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 “NYPD defendants”),
JAMAICA HOSPITAL MEDICAL CENTER, DR. ISAK
ISAKOV, Individually and in his Official Capacity, DR.
LILIAN ALDANA-BERNIER, Individually and in her
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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MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE BY DEFENDANT
DR. LILIAN ALDANA-BERNIER TO PRECLUDE DR. ROY LUBIT FROM

TESTIFYING THAT PLAINTIFF SUFFERS FROM POST TRAUMATIC STRESS
DISORDER (PTSD)
This Memorandum of Law is respectfully submitted on behalf of defendant Dr. Lilian
Aldana-Bernier in support of her motion in limine to preclude Dr. Roy Lubit, plaintiff’s expert,
from testifying that plaintiff developed post-traumatic stress disorder as a result of his
hospitalization at Jamaica Hospital. Dr. Aldana-Bernier seeks the same relief against Dr. Lubit
that Jamaica Hospital and Dr. Isak Isakov seek in their respective motions dated September 21,
2015 against Dr. Lubit for the same reasons articulated therein. Therefore, for the sake of
brevity and to conserve judicial resources, Dr. Aldana-Bernier incorporates and adopts all factual
and legal arguments, including exhibits, set forth by Jamaica Hospital in Gregory Radomisli’s
Memorandum of Law dated September 21, 2015, docket number 491, as well as by Dr. Isakov in
Brian Lee’s Memorandum of Law dated September 21, 2015, docket number 493.
WHEREFORE, it is respectfully requested that the instant Motion be granted in its
entirety.
Dated:

New York, New York
September 21, 2015

_/s/__Matthew J. Koster_____________
Matthew J. Koster
Attorneys for Defendant
DR. LILIAN ALDANA-BERNIER
One Whitehall Street, 10th Floor
New York, New York 10004
[phone]