Schoolcraft v. The City Of New York et al

Filing 539

MEMORANDUM OF LAW in Opposition re: 515 SECOND MOTION in Limine to preclude testimony related to plaintiff's purported declaratory judgment claim., 517 MOTION in Limine to preclude testimony from Dr. Roy Lubit., 525 SECOND MOTION in Limine to preclude any testimony regarding DJ action., 513 FIRST MOTION in Limine to preclude testimony from plaintiff's expert Dr. Roy Lubit., 506 FIRST MOTION in Limine to preclude expert from testimony about PTSD. . Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Smith, Nathaniel)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Civil Action No.:
10 CIV-6005
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ADRIAN SCHOOLCRAFT,
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Plaintiff,
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- against 6
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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 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
EMPLOYEES "JOHN DOE" #1-50, Individually

(Continued)

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Page 33
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Khin Mar Lwin, M.D.

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Q

And what does it mean, "Consultation with

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follow-up"?

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A

What does that mean?

If the medical ER is asking for the

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consultation, and they would like us to do the

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follow-up of the patient.

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Q

It says here in the first line,

"24-year-old single, white male."

Do you see that?

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A

Yes.

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Q

What was the basis for this statement of

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yours?

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A

At the time, he was single.

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Q

Do you remember asking him that question

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or is this based on your discussions with the

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patient?

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A

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Based on the discussion with the patient.
(Indicating.)

Q

How long was your discussion or

consultation with the patient in this case?

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A

I don't remember.

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Q

Do you have any idea, looking at this

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document, how long your consultation was?
A

The whole consultation, you mean?

I mean,

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not only discussion with the patient but also the

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discussion with the police officer also?

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Page 34
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Khin Mar Lwin, M.D.

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Q

Yes.

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A

The whole, I think at least half to one

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Q

So you believe that --

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A

Half hour to one hour.

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Q

I'm sorry?

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A

30 minutes to one hour.

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Q

In the 30 minutes to one hour was how much

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hour.

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time you spent talking to the patient and to the

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police officer?

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MS. PUBLICKER-METTHAM:

Objection.

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A

I don't -- you mean the police officer?

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Q

Yes.

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A

I don't remember, particularly.

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Q

Who did you speak to in creating this

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document?
A

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This patient and this Sgt. James.
(Indicating.)

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Q

Who was Sgt. James?

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A

I asked the name of the police officer,

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and then I wrote it down.

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mean, I don't remember.

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Q

I don't know who -- I

Did your asking the police officer for

their name or are you just basing that statement on

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