Schoolcraft v. The City Of New York et al

Filing 517

MOTION in Limine to preclude testimony from Dr. Roy Lubit. Document filed by Jamaica Hospital Medical Center. Return Date set for 10/9/2015 at 12:00 PM.(Osterman, Brian)

BSO
82-82153

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
■X

ADRIAN SCHOOLCRAFT,

NOTICE OF MOTION
Plaintiff,
Civil Action No.:
10 CIV 6005 (RWS)

-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 THEODORE
LAUTERBORN, Tax Id. 897840, Individually and in
his Official Capacity, LIEUTENANT JOSEPH GOFF,
Tax Id. 894025, 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,
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 Offieial 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 unloiown).
Defendants.
X

PLEASE TAKE NOTICE, that upon the accompanying Memorandum of Law, and
upon all prior pleadings and proeeedings heretofore had herein, defendant JAMAICA
HOSPITAL MEDICAL CENTER, by its attorneys, MARTIN CLEARWATER & BELL llp.
will move this Court at 500 Pearl Street, New York, New York on the 9th day of October,
2461664,1

2015 at 12:00 p.m. or as soon thereafter as counsel can be heard, for an Order to preclude Dr,
Roy Lubit from testifying that the plaintiff developed Post-Traumatic Stress Disorder as a
result of his hospitalization at Jamaica Hospital, and for such other and further relief as may
be just and proper.

Dated:

New York, New York
January 30, 2015
Yours, etc..
MARTIN CLEARWATER & BELL LLP

By:^
Brian Osterman (BSO-5881)
Attorneys for Defendant
JAMAICA HOSPITAL MEDICAL CENTER
220 East 42nd Street
New York, New York 10017-5842
[phone]

2461664.1

To:

BY ECF
LAW OFFICE OF NATHANIEL B. SMITH
Attorneys for Plaintiff
111 Broadway, Suite 1305
New York, New York 10007
[phone]
CALLAN KOSTER BRADY & BRENNAN, LLP
Attorneys for Defendant
LILIAN ALDANA-BERNIER, M.D.
One Whitehall Street, 10* Floor
New York, New York 10004
[phone]
IVONE, DEVINE & JENSEN, LLP
Attorneys for Defendant
ISAK ISAKOV, M.D.
2001 Marcus Avenue, Suite N100
Lake Success, New York 11042
[phone]
ZACHARY W. CARTER
CORPORATION COUNSEL
Attorneys for Defendants
NEW YORK CITY POLICE DEPARTMENT et. al.
Law Department of the City of New York
100 Church Street Room 2-124
New York, New York 10007
[phone]
SCOPPETTA SEIFF KRETZ & ABERCROMBIE
Attorneys for Defendant
DEPUTY INSPECTOR STEVEN MAURIELLO
444 Madison Avenue, 30th Floor
New York, NY 10022
212-371-4500

2461664.1